NYC school says autistic student fractured arm after fall; suit claims it was ‘corporal punishment’

Mother of autistic boy, 13, claims her son was taken to camera-less ‘crisis room’ and his arm broken by staffer at NYC school as part of ‘corporal punishment’ over electronic device

  •  The boy’s family is filing a civil rights claim against the paraprofessional for deprivation of her son’s rights and the Department of Education
  •  Attorney Andrew Carboy told DailyMail.com: ‘Ms. Aslarona decision to file this  application was forced by this stonewalling’
  •  A doctor at Mt. Sinai Queens who treated the boy said the boy’s injuries did not match the claims the school was making that he fell in the hallway 
  • The boy’s mother, Joan Aslarona said that when the school learned of the broken arm she said the school changed their story and said that he ‘hit a pole when he fell into the hallway’ 
  •  The mother told DailyMail.com that her son was taken into the ‘crisis room,’ a room where children are taken when upset , and that is where the injury most likely occurred. She said the room and the hallway does not have any cameras
  • She said that her son is ‘not a liar’ and denies what the school is alleging  

The mother of the 13-year-old autistic boy whose arm was allegedly broken by a school staffer said that the incident happened in a room, known as the ‘crisis room,’ an area children go when they are upset, that she said has no cameras. 

But, the Robert E. Peary school in Ridgewood, Queens insists that the injury the boy sustained was when he was fell in the school hallway.

The boy’s mother, Joan Aslarona told Daily Mail, that once doctors at Mt. Sinai Queens saw her son’s injury they told her it could not be from a fall in the school’s hallway, as the school was claiming,  and then they called the authorities. 

The boy was later transferred to Mount Sinai Hospital in Manhattan to be treated by a pediatric orthopedist. According to the x-ray obtained by DailyMail.com, the bones in the boy’s left arm was badly displaced and two of the bones were sheared. 

Aslarona said that when the school learned of her son’s severe injury, she said the school changed their story again, saying that he was ‘he fell after being hit by a pole in the school’s hallway.

 ‘I am devastated. This is my son’s second home and is his safe place,’ Aslarona said. ‘I am shocked this happened by an adult.’

Aslarona is  filing a civil rights claim in Queens Superior Court  against against the individual paraprofessional for deprivation of her son’s rights and the Department of Education,’ family’s Attorney Andrew Carboy told DailyMail.com.

‘In our investigation, we have learned that it is difficult to obtain any information from the Department of Education. As you see, the DOE will not even share basic details, such as the name of the staff member, with the family. The school would not even meet with the family,’ Carboy said. 

He added: ‘Ms. Aslarona decision to file this application was forced by this stonewalling.’ 

The boy was taken to Mt. Sinai Queens Hospital. The boy's mother Joan Arsalona said doctors told her that he could not have broken his arm that way from a fall in the hallway. She said, 'the doctor was very upset and called the authorities'

 The boy was taken to Mt. Sinai Queens Hospital. The boy’s mother Joan Arsalona said doctors told her that he could not have broken his arm that way from a fall in the hallway. She said, ‘the doctor was very upset and called the authorities’

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

A photo of the Robert E. Peary school in Ridgewood, Queens. The school insists that the injury the boy sustained was when he was fell in the school hallway, and later said his broken arm was a result of falling in the school hallway after hitting a pole

A photo of the Robert E. Peary school in Ridgewood, Queens. The school insists that the injury the boy sustained was when he was fell in the school hallway, and later said his broken arm was a result of falling in the school hallway after hitting a pole 

Aslarona shared the horror her son endured at the hands of a staff member at the Robert E. Peary school in Ridgewood, Queens April 2022.

She said that her son was playing with some type of electronics device and when time was up and it was time to stop playing, she said that her son may have gotten upset. 

He was then taken into the school’s crisis room by the para professonal, a room children go to when they are upset. But, the room has no cameras, and that was when she believes her son was injured. 

‘I don’t know why there aren’t any cameras in that room and there are no cameras in the school hallway where the school said my son fell.’

Aslarona said her son’ suffers from Autism with ADHD is high-functioning. 

District 75 where he attends has many children who are non-verbal, but she told DailyMail.com that her son can talk something that he has been able to do since he was young.

‘Many students are not able to communicate but my son is more verbal. He told us the story of what happened and his story hasn’t changed. My son is not a liar,’ she said. 

She added: ‘It is going to be my son’s words against the adults,’ she said

A document that is part of the legal filing in Queens Superior Court

A document that is part of the legal filing in Queens Superior Court 

The legal documents obtained by DailyMail.com

The legal documents obtained by DailyMail.com 

After the school called Aslarona, the grandmother rushed her grandson to Queens Mt. Sinai hospital and she left her job and met them there. 

‘The doctor said his arm was badly displaced and sheared in two places and his injury wasn’t from a fall in the hallway. The doctor was very upset and told me she was calling the authorities.’

Aslarona said that once the school learned that her son’s arm was fractured the school changed their story and said that he fell in the hallway and hit a pole. 

‘My son is very charismatic, fun-loving, high energy and smiles all the time. Since the accident he isn’t the same boy,’ she said. 

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

‘We have taken the extraordinary step of seeking a court order to identify, by full first and last name, the staff member involved,’ Carboy said. ‘Ordinarily, this information would not be a secret. We cannot understand why it is being hidden, here.\

Aslarona said that her son has been a student at the school since first grade and had never had any issues before and that he just entered his last year, eight grade, before he graduates in June before heading to high school.

‘I told the school I am not moving him. I told them to remove the staff member immediately,’ she said. ‘He is still working at the school my son sees him.’ 

Aslarona said that nearly two and half weeks after the incident, her son returned to the classroom and was terrified when he saw the para professional that allegedly injured him. 

On September 8, the first day of school, Aslarona said when she asked her son how his first day of school was, he said: ‘He [the para professional] is there with a kid he is not hurting.’  

Carboy said: The goal of his public education is to help Joan’s son live with his disability and be part of society and the way the school. treated him was as if he wasn’t a member of society.’ 

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