Battery charge dropped against girl, 8

SANDPOINT - Battery charges have been dropped against an 8-year-old girl accused of spitting on and inappropriately touching two Kootenai Elementary School instructors.

The family is not being identified because of the girl's age.

The girl, who suffers from a neurobiological disorder related to autism called Asperger syndrome, was handcuffed, arrested and charged with battery following a Friday altercation at the school.

Charges were dropped Tuesday prior to a scheduled preliminary hearing at the Bonner County Courthouse. The girl's father said he was told the charges were dropped because it would be impossible to put an eight-year old on probation.

Lake Pend Oreille School District Superintendent Dick Cvitanich said he is comfortable with the court's decision.

"From my perspective, there has been a decision made and charges were dropped, and we will welcome the girl back to school," he said.

The girl is currently serving a school suspension, which Cvitanich declined to comment on.

The girl's parents will meet with district officials on Friday, but said they doubt they will bring their daughter back to Kootenai Elementary.

"We definitely don't plan on putting her back in that same school, but there are other elementary schools around here, and some with better special needs programs, so we're going keep that option open if we can," the girl's father said.

While it does not make up for the ordeal their child was put through, the girl's parents said they hope the incident - which has now received national attention - will usher in changes to LPOSD's policy toward special needs students.

"That's why we did this. We have to bring this to light and not let it get swept under the rug," the girl's father said.

The family has not ruled out the possibility of filing a lawsuit against the district.