Suit claims autistic student’s arm fracture was ‘corporal punishment’

Suit claims autistic student’s arm fracture was ‘corporal punishment’


The mother of a 13-year-old autistic kid whose arm was allegedly broken by a school employee stated that the event occurred in a room known as the ‘crisis room,’ a place where children go when they are angry, which, according to her, is not equipped with cameras.

In a photo provided to the Daily Mail, Joan Aslarona's son is seen with his left arm in a cast and sling after an incident at his Queens public school where he said a staffer broke his arm

In a photo provided to the Daily Mail, Joan Aslarona's son is seen with his left arm in a cast and sling after an incident at his Queens public school where he said a staffer broke his arm


However, the Robert E. Peary school in Ridgewood, Queens argues that the boy’s injury was the result of a corridor tumble.

Joan Aslarona, the boy’s mother, told DailyMail.com that after doctors at Mount Sinai Queens investigated her son’s injuries, they informed her that it could not have been caused by a fall in the school’s hallway, as the school claimed, and then they contacted the authorities.

The youngster was eventually moved to Mount Sinai Hospital in Manhattan, where a pediatric orthopedist treated him.

The boy was taken to Mount Sinai Queens Hospital and Aslarona said that is when she was informed by the doctor that her son arm's was not broken from a fall in the hallway, as the school claimed. 'The doctor was very upset and called the authorities,' she said

The boy was taken to Mount Sinai Queens Hospital and Aslarona said that is when she was informed by the doctor that her son arm's was not broken from a fall in the hallway, as the school claimed. 'The doctor was very upset and called the authorities,' she said

According to the X-ray obtained by DailyMail.com, two of the bones in the boy’s left arm were fractured.

Aslarona stated that after the school learnt of her son’s terrible condition, they revised their narrative yet more, claiming that he had fallen after colliding with a pole in the school’s hallway.

In a photo sent to the Daily Mail, Joan Aslarona’s son is pictured with his left arm in a cast and sling following an incident at his Queens residence in which he claimed a staff member fractured his arm.

The X-ray that shows the injury of the bone that was sheared in two different areas in the boy's  left arm. The boy's mother said her son is left-handed and was unable to use his hand for months

The X-ray that shows the injury of the bone that was sheared in two different areas in the boy's  left arm. The boy's mother said her son is left-handed and was unable to use his hand for months

The youngster was sent to Mt. Sinai Queens Hospital, where physicians informed Arsalona that her son could not have broken his arm that manner from a corridor fall. She reported that the doctor was really agitated and contacted the authorities.

The X-ray that reveals that the boy’s left arm bone was sheared in two different locations. The boy’s mother stated that her left-handed son was unable to use his hand for several months.

The Robert E. Peary school in Ridgewood, Queens, as depicted in a photograph. The school argues that the boy’s injury occurred when he fell in the school corridor and later stated that his fractured arm was caused by falling in the school hallway after colliding with a pole.

A picture of the accident report where the Robert E. Peary school claimed that the autistic child suffered an arm injury running in the hallway

A picture of the accident report where the Robert E. Peary school claimed that the autistic child suffered an arm injury running in the hallway

‘I am devastated. Aslarona stated, “This is my son’s second home and his safe haven.” I am astonished that this was committed by an adult.

Aslarona is seeking a civil rights claim in Queens Superior Court against the individual paraprofessional and the Department of Education for deprivation of her son’s rights, according to the family’s attorney, Andrew Carboy.

The Department of Education is notoriously difficult to receive information from, according to our inquiry. As you can see, the DOE will not share even the most basic information, such as the staff member’s name, with the family. Carboy stated that the school refused to even meet with the family.

A page from a Queens Court filing where Joan Aslarona took legal action against the school over the injury her son sustained

A page from a Queens Court filing where Joan Aslarona took legal action against the school over the injury her son sustained

He continued, ‘This stonewalling compelled Ms. Aslarona to file this application.’

In April 2022, Aslarona described the tragedy her kid faced at the Robert E. Peary school in Ridgewood, Queens, at the hands of a staff member.

She stated that her son was playing with some form of electronic gadget, and that when it came time for him to cease playing, he may have become unhappy.

The paraprofessional then took him to the school’s crisis room, where children are taken when they become distraught. However, there are no cameras in the room, which is when she suspects her son was hurt.

“I do not understand why there are no cameras in that room or in the school hallway where my son allegedly fell,” I added.

A photograph of the accident report in which the Robert E. Peary school claimed the autistic child sustained an arm injury while rushing down the corridor.

A page from the Queens County Court file in which Joan Aslarona sued the school for the damage to her son.

Aslarona stated that her son has autism and ADHD and is high-functioning.

District 75, which he attends, has many non-verbal children, but she told DailyMail.com that her kid can communicate and has been able to do so from childhood.

“Many students lack communication skills, yet my son is more communicative. He informed us what transpired, and his account has not altered.

She stated, “My child is not a liar.” She replied, “My son’s remarks will be used against the adults.”

After the school contacted Aslarona, the grandmother hurried her grandson to the Queens Mt. Sinai hospital, where she met them after quitting her job.

‘According to the doctor, his arm was severely dislocated and severed in two places, and his injuries was not the result of a fall in the corridor. The doctor was really furious and informed me that she would be calling the authorities.

Aslarona stated that after the school learned that her son’s arm was shattered, they revised their narrative once more, claiming that he had fallen in the hallway and struck a pole.

My son is extremely charming, fun-loving, high-energy, and always smiling. Since the accident, he has changed,’ she remarked.

The family’s attorney stated that they are in the process of filing a Notice of Claim and obtaining the staff member’s name, and sent DailyMail.com the Queens Superior Court affirmation.

Carboy stated, “We have taken the exceptional step of requesting a court order to identify the staff person involved by first and last name.” ‘This information is not normally classified. We cannot comprehend why it is being concealed here.

According to him, the family was originally hesitant to file suit but ultimately decided to do so due to the school’s lack of cooperation.

Aslarona stated that her kid has been a student at the school since the first grade and had never had any problems with the teachers or paraprofessionals before. She did not want to transfer him because this is his final year at the school.

In her court filing, Aslarona stated, “The staff of Public School 75Q has never offered to meet with me since the occurrence.” The personnel of Public School 75Q has supplied no additional information concerning the incident, except from the original and phone-based report that A.H. ‘fell’ and was hurt.

In addition, she stated, “Worse, to date, personnel of responders have refused to reveal the complete identity of the paraprofessional, despite my inquiries to both the principal’s office and the child’s regular teacher.”

He began eighth grade in September and will graduate in the spring before entering high school.

I informed the school that I will not move him. I instructed them to terminate the employee immediately,’ she claimed.

Aslarona stated that her son returned to the classroom approximately two and a half weeks after the event and was afraid when he saw the paraprofessional who allegedly hurt him.

She stated, “He is still employed at the school where my son sees him.”

When Aslarona asked her son how his first day of school went on September 8, his response was, “He [the paraprofessional] is there with a child he is not hurting.”

Carboy stated, “The purpose of his public education is to assist Joan’s kid in coping with his impairment and integrating into society and the school.” He was treated as if he were not a part of society.’

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