Gunnar Moody, 11, told NBC11 that it all started when he was singing a song while doing sit-ups in physical education class.
"She was like, 'Gunnar, you have to leave now.' I didn't do anything wrong. Why do I have to leave? Everyone else is being loud; why do I have to get in trouble?' Then she said it three more times and then she handcuffed me. And it was kind of humiliating because it was in front of all those kids and she was, like, picking me up and dragging me out," Gunnar said.
Gunnar's parents said what happened at Bret Harte Middle School is unacceptable.
"The bottom line he's in phys ed. And all the kids are making noise yelling, screaming and talking and he gets singled out for going 'la-la-la?'" Michael Moody, Gunnar's father, said.
His mother, Laura Moody, asked a campus police officer if Gunnar had threatened anyone.
"I specifically asked the officer, 'did he threaten you?' She said no. I said, 'did he threaten any other child?' And she said no. I think there should be a better line drawn on what kind of force to use. And especially with children with disabilites," Laura Moody said.
NBC11 obtained a copy of Gunnar's behavior support plan that outlines what to do if he misbehaves in school. Using physical force is not one of them.
The San Jose Unified School District issued the following statement: The officer's actions helped to maintain a safe atmosphere for the other 30 students in the class.
The use of restraints is extremely rare and would only be used when deemed absolutely necessary by the officer for the protection of the student and his other classmates.
Gunnar's parents plan to meet with school district leaders Friday to talk about what happened.
Gunnar is suspended for three days.
Asked if he want to go back to Bret Harte Middle School, Gunnar said, "No. Because the kids will like pick on me and stuff. Because that happened."
http://www.nbc11.com/news/15183731/detail.html
Thursday, January 31, 2008
Thursday, January 24, 2008
Physical Education
When special-ed teachers seclude and restrain students, the state says no one needs to know
by Elizabeth Ulrich
Nashville Scene.com
January 24, 2008
Rob Zimmerman’s son Jack is the kind of smart, happy child who loved school. But two years ago, Jack’s dad says, that suddenly changed. When the now 11-year-old moved to another special-ed classroom at his Williamson County school, Zimmerman says Jack’s new teacher did not believe he was “as much autistic as he was ornery.”
The teacher told the family that Jack was “trying to trick her.” Jack’s behavior changed, as he began to dread school and act out—screaming and spiraling out of control.
Zimmerman and his wife were shocked to learn why: Jack’s teachers had taken him down the hall to a janitor’s closet, placed him inside and shut the door, leaving the boy to sit alone in the dark for up to three hours at a time on more than one occasion. “They said he liked it better when it was dark,” an animated Zimmerman told a group of state lawmakers Tuesday. “We’re talking about human life—my son’s life,” Zimmerman said.
And it wasn’t long before Jack told his parents that his teachers were also “umphing him,” describing the groaning sound his teachers made as they held him down for “ornery” behavior. In his own way, Jack alerted his parents to a growing problem in special-ed classrooms all over the state: the unreported, undocumented use of seclusion and restraint.
Jack’s case is rare in the sense that he was able to tell his parents he had been restrained and stuffed into a closet that his father says school employees called a “calming room.” Many autistic children are not as verbally developed as Jack and are therefore incapable of reporting abuse.
Often, these are children who, as Zimmerman puts it, are “set up for abuse.”
After reports like Zimmerman’s began to trickle in, the Disability Coalition on Education (DCE), a statewide organization of educators, advocacy groups and families, reviewed state law and found that there are no guidelines to regulate how—or if—schools should report such incidents or document how often they occur.
To push state lawmakers to draft legislation to require such oversight, representatives from several advocacy organizations for the disabled and mentally ill met Tuesday with a House-Senate study committee. They discussed the methods of restraint and seclusion now used with Tennessee special-ed students.
The committee also heard a tearful Gary Hassell talk about his son, a special-education student with autism at Oakmont Elementary in Dickson County, who had been physically restrained, face-down, on the classroom floor. School employees held his son down for an hour in what is called the “prone” position, a controversial hold that some experts say can result in asphyxia in as few as six minutes.
Similar methods of seclusion and restraint have led to the deaths of two teens at Chad Youth Enhancement Center, a residential treatment facility for troubled youth just outside of Clarksville (“Handle With Care,” Nov. 8) and have been key components in claims of abuse and neglect at Hermitage Hall, a Nashville private residential facility that treats male sex offenders (“Bad Medicine,” Dec. 13).
State records for Chad and Hermitage Hall, both of which are licensed by the state’s Department of Mental Health and Developmental Disabilities (DMHDD), describe hundreds of cases where young residents are physically restrained, often violently, by facility staff. Neither DMHDD nor the Department of Children’s Services finds anything out of the ordinary or troubling about these incidences, according to interviews with officials there, and Gov. Phil Bredesen’s office also has been unswayed by reports of abuses at these juvenile facilities, directing questions back to the departments.
But Tennessee public schools are not required to report incidents of seclusion and restraint to the state—or even to parents such as Zimmerman. Carol Westlake, the executive director of the Tennessee Disability Coalition, told the study committee that, while state law requires in-patient facilities and residential juvenile programs to report how often such incidents occur, public schools remain one of the only places in the state without that mandate.
And, while facilities such as Chad and Hermitage Hall purport to have stringent requirements for teaching workers how to properly administer restraint holds, schools are not legally required to train employees.
DCE Chair Holly Lu Conant Rees says her organization has repeatedly requested a copy of the Metro schools’ policy on seclusion and restraint but has received nothing.
Conant Rees tells the Scene that her organization has started to collect data from parents across the state to push state lawmakers to draft legislation.
Thirty families, several of whom have students in Metro public schools, completed a DCE survey saying that their children have experienced multiple incidents of restraint and seclusion in the classroom. DCE describes the findings as “uniformly disturbing.”
Of those families reporting incidents to DCE, 40 percent said school staffers injured their children, who showed signs of bruising, contusions, abrasions and nail and grip marks. And 60 percent of families reported that their children experienced significant psychological and behavioral setbacks after being restrained or secluded. The children had acted out with violent tantrums and experienced anxiety, night terrors and psychosis.
It’s a familiar story to parents like Zimmerman, who says it only takes one encounter with a “bad apple” in the special-education classroom to change a child’s life forever. “If you don’t have documentation, you don’t have accountability.”
by Elizabeth Ulrich
Nashville Scene.com
January 24, 2008
Rob Zimmerman’s son Jack is the kind of smart, happy child who loved school. But two years ago, Jack’s dad says, that suddenly changed. When the now 11-year-old moved to another special-ed classroom at his Williamson County school, Zimmerman says Jack’s new teacher did not believe he was “as much autistic as he was ornery.”
The teacher told the family that Jack was “trying to trick her.” Jack’s behavior changed, as he began to dread school and act out—screaming and spiraling out of control.
Zimmerman and his wife were shocked to learn why: Jack’s teachers had taken him down the hall to a janitor’s closet, placed him inside and shut the door, leaving the boy to sit alone in the dark for up to three hours at a time on more than one occasion. “They said he liked it better when it was dark,” an animated Zimmerman told a group of state lawmakers Tuesday. “We’re talking about human life—my son’s life,” Zimmerman said.
And it wasn’t long before Jack told his parents that his teachers were also “umphing him,” describing the groaning sound his teachers made as they held him down for “ornery” behavior. In his own way, Jack alerted his parents to a growing problem in special-ed classrooms all over the state: the unreported, undocumented use of seclusion and restraint.
Jack’s case is rare in the sense that he was able to tell his parents he had been restrained and stuffed into a closet that his father says school employees called a “calming room.” Many autistic children are not as verbally developed as Jack and are therefore incapable of reporting abuse.
Often, these are children who, as Zimmerman puts it, are “set up for abuse.”
After reports like Zimmerman’s began to trickle in, the Disability Coalition on Education (DCE), a statewide organization of educators, advocacy groups and families, reviewed state law and found that there are no guidelines to regulate how—or if—schools should report such incidents or document how often they occur.
To push state lawmakers to draft legislation to require such oversight, representatives from several advocacy organizations for the disabled and mentally ill met Tuesday with a House-Senate study committee. They discussed the methods of restraint and seclusion now used with Tennessee special-ed students.
The committee also heard a tearful Gary Hassell talk about his son, a special-education student with autism at Oakmont Elementary in Dickson County, who had been physically restrained, face-down, on the classroom floor. School employees held his son down for an hour in what is called the “prone” position, a controversial hold that some experts say can result in asphyxia in as few as six minutes.
Similar methods of seclusion and restraint have led to the deaths of two teens at Chad Youth Enhancement Center, a residential treatment facility for troubled youth just outside of Clarksville (“Handle With Care,” Nov. 8) and have been key components in claims of abuse and neglect at Hermitage Hall, a Nashville private residential facility that treats male sex offenders (“Bad Medicine,” Dec. 13).
State records for Chad and Hermitage Hall, both of which are licensed by the state’s Department of Mental Health and Developmental Disabilities (DMHDD), describe hundreds of cases where young residents are physically restrained, often violently, by facility staff. Neither DMHDD nor the Department of Children’s Services finds anything out of the ordinary or troubling about these incidences, according to interviews with officials there, and Gov. Phil Bredesen’s office also has been unswayed by reports of abuses at these juvenile facilities, directing questions back to the departments.
But Tennessee public schools are not required to report incidents of seclusion and restraint to the state—or even to parents such as Zimmerman. Carol Westlake, the executive director of the Tennessee Disability Coalition, told the study committee that, while state law requires in-patient facilities and residential juvenile programs to report how often such incidents occur, public schools remain one of the only places in the state without that mandate.
And, while facilities such as Chad and Hermitage Hall purport to have stringent requirements for teaching workers how to properly administer restraint holds, schools are not legally required to train employees.
DCE Chair Holly Lu Conant Rees says her organization has repeatedly requested a copy of the Metro schools’ policy on seclusion and restraint but has received nothing.
Conant Rees tells the Scene that her organization has started to collect data from parents across the state to push state lawmakers to draft legislation.
Thirty families, several of whom have students in Metro public schools, completed a DCE survey saying that their children have experienced multiple incidents of restraint and seclusion in the classroom. DCE describes the findings as “uniformly disturbing.”
Of those families reporting incidents to DCE, 40 percent said school staffers injured their children, who showed signs of bruising, contusions, abrasions and nail and grip marks. And 60 percent of families reported that their children experienced significant psychological and behavioral setbacks after being restrained or secluded. The children had acted out with violent tantrums and experienced anxiety, night terrors and psychosis.
It’s a familiar story to parents like Zimmerman, who says it only takes one encounter with a “bad apple” in the special-education classroom to change a child’s life forever. “If you don’t have documentation, you don’t have accountability.”
Sunday, January 20, 2008
Two teachers charged with abusing student
By Will Richmond
Herald News Staff Reporter
Posted Jan 17, 2008 @ 08:13 PM
Westport —
Two Macomber Elementary School teachers have been summonsed into court to face charges they physically abused a special education student.
Teacher Renee Rego, 47, of 91 Horton St., Fall River, is being charged with a single count of caretaker who permits or commits an assault and battery, and mistreatment or neglect on a disabled person. Assistant teacher Linda Liberty, 46, of 9 Sylvania St., Westport, is facing two counts of simple assault and battery on a mentally retarded child. All three charges are felonies.
Both women have been scheduled to appear in court on Feb. 5 in Fall River for their arraignments.
Superintendent Linda Galton offered few comments on the matter, but did say both women are still teaching at the Macomber School and will continue to do so unless further allegations should lead to their removal.
“At this time we have completed our investigation, and the staff remains in place,” Galton said.
Prior to that comment Galton said, “We really don’t comment on these sorts of things. They involve staff and staff matters are confidential under state law. “Whenever issues like this are brought to our attention we take them very seriously and investigate and make assessments, and we have done that.”
Westport Police Department spokesman Sgt. Jeffrey Majewski, in a brief statement before referring comments to the Bristol County District Attorney’s Office, said the investigation was thorough and justified the bringing up the charges.
District Attorney’s Office spokesman Gregg Miliote said that office will pick up where the Westport police left off.
“We are investigating this alleged incident, and once they’re in for arraignment we can proceed with the case,” Miliote said. In the meantime, the father of the child — whose identity is being withheld by The Herald News to protect the identity of the child — is keeping his out of school.
“My son is not returning until those teachers are removed, but I’m told they are not taking any disciplinary action” the father said. “I’m concerned for his emotional well-being in the classroom and I fear of him getting some kind of action put on him for doing something wrong. My son is autistic, he can’t come home and say ‘Daddy my teachers hurt me.’”
The father said a meeting has been scheduled with School Department officials to take place this morning, though, he was not sure who from the School Department would be in attendance. He said he is not yet sure if his family will take any legal action against the school or teachers.
For now, though, the father is not happy with the way this matter has been handled.
“I feel that we’ve been left totally in the dark and ignored,” he said. “I’m chasing them (school officials) and it’s almost like from their point of view that it’s not a big thing and we should just let it go. They have no sense of urgency. ... I would expect the school to be more willing to fix this than to say there’s nothing wrong here.”
According to a police report filed in District Court by Westport Police, Jill Alberto, a substitute teacher employed in a special education classroom on Jan. 8 and 9, witnessed the two teachers participate in what the report described as “disturbing events.”
During the course of the two days, Alberto said she observed Liberty stepping on the feet of a student who kept removing his shoes due to sensory issues related to the child’s disability.
“Ms. Alberto explained that she witnessed Ms. Liberty step on (the child’s) feet at least ‘twenty times’ during both days while she was wearing sneakers on her feet,” the report penned by Majewski reads. “Ms. Alberto told me that (the child) was visibly in pain while Ms. Liberty was stepping on his feet.”
Alberto alleged that Rego forced the child to go over to the class fish tank and feed the fish even though the child has an aversion to water.
The allegations also include a paraprofessional reporting that she witnessed Liberty grabbing the same student by the arm as the he exited a bathroom. Lucy Cordeiro told police Liberty pulled the child “so forcefully that she ‘thought it had the possibility of dislocating his shoulder.”
The report continues to state that “Ms. Liberty looked mad when she grabbed and pulled (the child).”
According to the report, the child’s parents were told his shoes were taken off because the child had food on his feet and that the staff didn’t put his shoes back on because the child thought it was funny.
Rego also told police that one of the strategies to keep the child from removing his shoes was to “go over to him and ‘tap his feet with their feet.’”
However, the child’s mother told police that the foot tapping was not part of the student’s individual education plan.
In regard to the bathroom incident, Liberty, according to the police report, said the child had begun to run and she simply put her arm up to stop him from getting away.
Under a later round of questioning, however, Cordeiro, according to the report, said the child “was not doing anything wrong” when the child turned his head and Liberty “grabbed his arm and pulled him hard.” After further questioning about whether the incident could have been as Liberty described it, Cordeiro continued to deny that could be the case. “Ms. Cordeiro was adamant that was not the case and that there was no need to grab and pull (the child) the way Liberty had done,” the report states. Alberto also accused Rego of placing her fingers in a jar of peanut butter and then proceeding to put them in the mouth of another child.
The report states that Alberto said this caused the child discomfort and resulted in a lot of peanut butter in and around the child’s mouth and that the tactic was done right after the child had acted out in class. Alberto said in the report that this was done as a form of punishment because the child had eating issues and basically required food be in a pureed form. According to the police report police were stonewalled by Westport school officials.
The report indicates that the parents of one child had spoken with Special Education Coordinator Ralph Tripp III and were told by him that he was unaware of any allegations, only for the parents to then learn that a meeting between Tripp, Principal Sue Wilkinson and Galton had taken place the previous day.
Both Galton and Tripp responded that they were at the school on an unrelated matter.
During initial questioning during a phone conversation, Tripp allegedly told police he was not going to comment on the matter.
“With no disrespect, I am not going to speak with you any further about this,” Tripp told police, the report states.
Galton also told Majewski that she had filed a complaint with Town Administrator Michael Coughlin because the police chief had not notified her of the investigation. In that conversation, Galton told Majewski that the School Department had conducted its own investigation and determined there was no wrongdoing.
Galton would not comment Thursday about allegations of School Department officials refusing to cooperate with police.
http://www.heraldnews.com/homepage/x1151548247
Herald News Staff Reporter
Posted Jan 17, 2008 @ 08:13 PM
Westport —
Two Macomber Elementary School teachers have been summonsed into court to face charges they physically abused a special education student.
Teacher Renee Rego, 47, of 91 Horton St., Fall River, is being charged with a single count of caretaker who permits or commits an assault and battery, and mistreatment or neglect on a disabled person. Assistant teacher Linda Liberty, 46, of 9 Sylvania St., Westport, is facing two counts of simple assault and battery on a mentally retarded child. All three charges are felonies.
Both women have been scheduled to appear in court on Feb. 5 in Fall River for their arraignments.
Superintendent Linda Galton offered few comments on the matter, but did say both women are still teaching at the Macomber School and will continue to do so unless further allegations should lead to their removal.
“At this time we have completed our investigation, and the staff remains in place,” Galton said.
Prior to that comment Galton said, “We really don’t comment on these sorts of things. They involve staff and staff matters are confidential under state law. “Whenever issues like this are brought to our attention we take them very seriously and investigate and make assessments, and we have done that.”
Westport Police Department spokesman Sgt. Jeffrey Majewski, in a brief statement before referring comments to the Bristol County District Attorney’s Office, said the investigation was thorough and justified the bringing up the charges.
District Attorney’s Office spokesman Gregg Miliote said that office will pick up where the Westport police left off.
“We are investigating this alleged incident, and once they’re in for arraignment we can proceed with the case,” Miliote said. In the meantime, the father of the child — whose identity is being withheld by The Herald News to protect the identity of the child — is keeping his out of school.
“My son is not returning until those teachers are removed, but I’m told they are not taking any disciplinary action” the father said. “I’m concerned for his emotional well-being in the classroom and I fear of him getting some kind of action put on him for doing something wrong. My son is autistic, he can’t come home and say ‘Daddy my teachers hurt me.’”
The father said a meeting has been scheduled with School Department officials to take place this morning, though, he was not sure who from the School Department would be in attendance. He said he is not yet sure if his family will take any legal action against the school or teachers.
For now, though, the father is not happy with the way this matter has been handled.
“I feel that we’ve been left totally in the dark and ignored,” he said. “I’m chasing them (school officials) and it’s almost like from their point of view that it’s not a big thing and we should just let it go. They have no sense of urgency. ... I would expect the school to be more willing to fix this than to say there’s nothing wrong here.”
According to a police report filed in District Court by Westport Police, Jill Alberto, a substitute teacher employed in a special education classroom on Jan. 8 and 9, witnessed the two teachers participate in what the report described as “disturbing events.”
During the course of the two days, Alberto said she observed Liberty stepping on the feet of a student who kept removing his shoes due to sensory issues related to the child’s disability.
“Ms. Alberto explained that she witnessed Ms. Liberty step on (the child’s) feet at least ‘twenty times’ during both days while she was wearing sneakers on her feet,” the report penned by Majewski reads. “Ms. Alberto told me that (the child) was visibly in pain while Ms. Liberty was stepping on his feet.”
Alberto alleged that Rego forced the child to go over to the class fish tank and feed the fish even though the child has an aversion to water.
The allegations also include a paraprofessional reporting that she witnessed Liberty grabbing the same student by the arm as the he exited a bathroom. Lucy Cordeiro told police Liberty pulled the child “so forcefully that she ‘thought it had the possibility of dislocating his shoulder.”
The report continues to state that “Ms. Liberty looked mad when she grabbed and pulled (the child).”
According to the report, the child’s parents were told his shoes were taken off because the child had food on his feet and that the staff didn’t put his shoes back on because the child thought it was funny.
Rego also told police that one of the strategies to keep the child from removing his shoes was to “go over to him and ‘tap his feet with their feet.’”
However, the child’s mother told police that the foot tapping was not part of the student’s individual education plan.
In regard to the bathroom incident, Liberty, according to the police report, said the child had begun to run and she simply put her arm up to stop him from getting away.
Under a later round of questioning, however, Cordeiro, according to the report, said the child “was not doing anything wrong” when the child turned his head and Liberty “grabbed his arm and pulled him hard.” After further questioning about whether the incident could have been as Liberty described it, Cordeiro continued to deny that could be the case. “Ms. Cordeiro was adamant that was not the case and that there was no need to grab and pull (the child) the way Liberty had done,” the report states. Alberto also accused Rego of placing her fingers in a jar of peanut butter and then proceeding to put them in the mouth of another child.
The report states that Alberto said this caused the child discomfort and resulted in a lot of peanut butter in and around the child’s mouth and that the tactic was done right after the child had acted out in class. Alberto said in the report that this was done as a form of punishment because the child had eating issues and basically required food be in a pureed form. According to the police report police were stonewalled by Westport school officials.
The report indicates that the parents of one child had spoken with Special Education Coordinator Ralph Tripp III and were told by him that he was unaware of any allegations, only for the parents to then learn that a meeting between Tripp, Principal Sue Wilkinson and Galton had taken place the previous day.
Both Galton and Tripp responded that they were at the school on an unrelated matter.
During initial questioning during a phone conversation, Tripp allegedly told police he was not going to comment on the matter.
“With no disrespect, I am not going to speak with you any further about this,” Tripp told police, the report states.
Galton also told Majewski that she had filed a complaint with Town Administrator Michael Coughlin because the police chief had not notified her of the investigation. In that conversation, Galton told Majewski that the School Department had conducted its own investigation and determined there was no wrongdoing.
Galton would not comment Thursday about allegations of School Department officials refusing to cooperate with police.
http://www.heraldnews.com/homepage/x1151548247
Wednesday, January 2, 2008
"This Abuse Must Stop!"
Parents pull son from school over restraint issue
By Donna C. Gregory NEWS EDITOR
Priscilla and Chip Greene share some family time with their three sons (from left), Travis, 6, Coleman, 9, and Parker, 11.
December 19, 2007 - A Clover Hill Elementary second-grader is getting a longer than normal holiday break after his parents withdrew him from school amid claims of physical abuse.
Chip and Priscilla Greene have removed their son, Coleman, from Clover Hill following a series of incidents where he was allegedly physically restrained by a special education aide. The situation escalated on Nov. 30 when the Greenes received a call from school, asking them to come pick up Coleman, who suffers from Down's Syndrome and ADHD. When Chip Greene arrived at school, a staff member who the family chose not to identify, advised him to check Coleman for bruises. A physician later confirmed bruising on Coleman's back, shoulder and chest and a scratch on his neck. Coleman has not been back to school since.
This is not the first time Coleman has been injured due to the use of physical restraint, says Priscilla Greene. While attending Hopkins Elementary School as a kindergartener, Coleman was physically restrained by a teacher in front of his mother after he walked out of a classroom without permission. "She had him on the ground with his arms crossed, and her legs were wrapped around his legs," recalls Coleman's mother. "I was told it was done only in extreme circumstances." Priscilla Greene, however, doesn't believe walking out of a classroom qualifies as an "extreme circumstance."
Three weeks later, Coleman allegedly came home from school with a sprained arm. He was ultimately moved to a different special education classroom, and there were no more incidents the rest of the year. After Coleman was injured at Hopkins, the Greenes asked the school system to adopt a general restraint policy. Now, more than two years later, the Greenes say their request has been ignored.
Chip Coleman spoke before school board members last week, asking them yet again to enact a restraint policy. "The policy would consist of guidelines and procedures that school staff must follow in order to protect our children," Chip Coleman told board members. "I stand before you tonight with a heavy heart because the school system has allowed my son to be physically restrained again and injured…This abuse must stop! Physical restraint cannot be used unless a guideline or procedure is put into place that will protect the child."
Chip Coleman held up a notebook for board members to see, saying, "This is Coleman's homework journal. It is a log of what goes on in Coleman's day. Beginning Sept. 17 and for the next 11 weeks, Coleman was physically restrained 10 times, placed in time-out with restraint 14 times, regrouped with restraint 11 times, and placed in secluded time-out in the special education classroom or conference room 22 times. And this only reflects the times the school staff wrote in this journal."
The Greenes were unaware of what was happening to Coleman until they specifically asked if restraint was being used. Coleman's aide had begun to complain that he was biting, kicking and head-butting during the school day. The Greenes believe Coleman's bad behavior was a result of being physically restrained by his aide. When Coleman would fail to complete his class work, Priscilla Greene says his aide would forcibly remove him from his general education classroom and take him to a special education classroom or conference room to "regroup."
Two other parents related similar stories to school board members, before again asking for a physical restraint policy. "William has been restrained," said Cheryl Curbeam, referring to her five-year-old son who has developmental delays. "This was without my knowledge. Why was I never informed that teachers were allowed to restrain my son? We will not remain silent on this issue."
Donna Hobbs related an incident at Ecoff Elementary where her son, Cody, was allegedly locked inside a closet for 30 minutes. "I did not get so much as a note home," complained Hobbs. "The school has done nothing to resolve this issue. The teacher has received no consequence for her actions."
Priscilla Greene shares Hobbs' frustration. "Just because [Coleman] has a disability, that does not give them any more right to put their hands on him," she says, adding that the use of restraint has traumatized her son. "Now, he says school is a big scary monster." On many school days, Coleman would complain of stomach aches. Priscilla Greene now believes that was his way of trying to avoid going to school.
The Greenes are currently juggling work schedules in order to care for Coleman during the day when he'd normally be at school. "We are going to try to get through the holidays, and then we are going to try again to place him [in a private school] in January. It is not safe for him to go back to school in Chesterfield County."
The family has also hired an attorney to explore their legal options.
Debra Marlow, director of community relations, provided the following statement about the school system's use of physical restraint: "There are procedures and guidelines that staff follow when needed. These actions are based on guidance from the Virginia Department of Education. Restraint is only used when necessary and when there is a danger to the child or others." Earlier this month, a 35-page document containing recently revised procedures for "physical interventions/restraint" was sent to all county schools by a special education instructional specialist. When asked if this document qualifies as the "general restraint policy" the Greene family has requested, Marlow replied, "It's not a policy, it's a procedure. It is the procedure that is used and is adopted from state department of education regulations." The revision updates prior documents that date back to 1996. Marlow declined to comment on the Greene family's allegations of physical abuse, saying that would violate the school system's privacy policy. "We wouldn't discuss individual student's cases publicly," said Marlow. She did confirm, however, that the school system is reviewing its use of restraint on students in special education programs. "Any time a member of the public brings a concern to a school board meeting, we would investigate it," said Marlow.
Cherry Hill Parents Outraged Over 'Quiet Room'
CHERRY HILL, N.J. (CBS 3) ―
Nov 28, 2007
Outraged parents attended a school board meeting Tuesday evening to discuss the discovery of a padded 'quiet room' inside a Cherry Hill school last month.
Parents met with school officials to discuss the room during a public meeting at the Clara Barton School on Rhode Island Avenue in Cherry Hill.
The room was first disclosed during an October meeting where parents were apparently told the padded room may have been used for children with autism and behavioral problems.
Concerned parent Lisa Grams used her cell phone to snap photos of the small, windowless storage room which was lined with gym mats.
"It made me sick. It made me absolutely sick," said Grams.
Grams said she took photos and video of the room while visiting the school in October.
"I walked into the room and it stunk so bad; the air was just very old. The gym mat, it smelled like urine," Grams said.
She said special education students notified her that other students with autism and other behavioral issues may have been put in the 'quiet room' in order to calm down.
Grams' son, who is autistic, was never placed in the room, but it concerned for other students at the school.
"How dare this school system treat small children so disrespectful," an outraged parent said during Tuesday night's meeting.
Not all parents were outraged over the school's actions. A parent of a special needs student applauded the district's polices.
"This is a dedicated group of people here in our administration," the parent said.
A School District spokesperson told CBS 3 the room was only used once under supervision for a student in crisis and they had received prior parental consent.
The school also followed up with the family after the incident and received no complaints. School officials said the room has been dismantled and has not been used since.
The Special Education Alliance:
http://www.cherryhillsea.com/paddedroom.htm
View photos of padded closet w/description:
http://revpage.com/tips/cherry%20hill/russell_knight_school.htm
Nov 28, 2007
Outraged parents attended a school board meeting Tuesday evening to discuss the discovery of a padded 'quiet room' inside a Cherry Hill school last month.
Parents met with school officials to discuss the room during a public meeting at the Clara Barton School on Rhode Island Avenue in Cherry Hill.
The room was first disclosed during an October meeting where parents were apparently told the padded room may have been used for children with autism and behavioral problems.
Concerned parent Lisa Grams used her cell phone to snap photos of the small, windowless storage room which was lined with gym mats.
"It made me sick. It made me absolutely sick," said Grams.
Grams said she took photos and video of the room while visiting the school in October.
"I walked into the room and it stunk so bad; the air was just very old. The gym mat, it smelled like urine," Grams said.
She said special education students notified her that other students with autism and other behavioral issues may have been put in the 'quiet room' in order to calm down.
Grams' son, who is autistic, was never placed in the room, but it concerned for other students at the school.
"How dare this school system treat small children so disrespectful," an outraged parent said during Tuesday night's meeting.
Not all parents were outraged over the school's actions. A parent of a special needs student applauded the district's polices.
"This is a dedicated group of people here in our administration," the parent said.
A School District spokesperson told CBS 3 the room was only used once under supervision for a student in crisis and they had received prior parental consent.
The school also followed up with the family after the incident and received no complaints. School officials said the room has been dismantled and has not been used since.
The Special Education Alliance:
http://www.cherryhillsea.com/paddedroom.htm
View photos of padded closet w/description:
http://revpage.com/tips/cherry%20hill/russell_knight_school.htm
Best Practices in Behavior Management
By Kathi Magee
Courier Post Online - Autism Blog
November 20, 2007
Reprinted with Permission
Many have emailed me personally about the Best Practice Guidelines from the Children's Welfare League of America (CWLA). Some inquired as to how they came about, others asked for the specific guidelines and why Cherry Hill does not follow them.
Let me begin by explaining how the CWLA came to their conclusions on what is considered "Best Practice." The CWLA was a participant in the Children's Health Act of 2000. They also wrote the Best Practice Guidelines for Behavior Management. Through their acquired experience they became all too familiar with the dangers associated with restraining special needs children, as many had incurred significant injuries and in some cases children actually died from the use of physical restraint. The CWLA was also familiar with the psychological impact that restraint and seclusion had on special needs children. These children became more anxious, and their behaviors worsened when secluded. After several years of writing and re-writing their guidelines on restraint and seclusion, the CWLA came to realize that the bigger problem was that restraint and seclusion could not possibly be part of any "Best Practice" approach. These techniques needed to be prevented and eliminated as much as possible. Restraint and seclusion serve no educational value and these practices injure and in some cases led to the death of special needs children.
The CWLA was also aware that training alone was not enough to reduce restraint and seclusion. Although staff training is a key aspect, many times the core leadership, needs to be changed in order to facilitate the culture change necessary to eliminate the need for restraint and seclusion.
"To truly reduce, if not eliminate these aversive techniques, it would require a change in leadership and a change in the organizational culture." (quote from the CWLA's report on preventing and reducing the use of restraint and seclusion.)
After numerous revisions of their Best Practice Guidelines, by September 2003 they changed the name of the grant to Best Practices in Behavior Support and Intervention: Preventing and Reducing the Use of Restraint and Seclusion.
The five goals for the Best Practices in Behavior Support and Intervention are:
1. Staff will use restraint and seclusion in emergency situations only when absolutely necessary to maintain the safety of themselves, [students], and others.
2. Eliminate the unnecessary use of restraint and seclusion.
3. Reduce the risk of deaths.
4. Reduce injuries among [children] and staff.
5. Reduce the duration of restraint and seclusion.
6. Increase debriefing with children, family members, and staff.
*Please note: As these goals were written to include children in residential facilities, I have substituted the word "resident" with the word "student" or "children" as necessary.
The CWLA strongly recommends the establishment of an Oversight Committee to monitor the reduction of such aversive techniques. The committee should include executive leadership (administrators), supervisors, staff members (teachers and aides), advocates and parents. The sole focus of the oversight committee is to monitor the campaign to reduce the use of restraint and seclusion.
Courier Post Online - Autism Blog
November 20, 2007
Reprinted with Permission
Many have emailed me personally about the Best Practice Guidelines from the Children's Welfare League of America (CWLA). Some inquired as to how they came about, others asked for the specific guidelines and why Cherry Hill does not follow them.
Let me begin by explaining how the CWLA came to their conclusions on what is considered "Best Practice." The CWLA was a participant in the Children's Health Act of 2000. They also wrote the Best Practice Guidelines for Behavior Management. Through their acquired experience they became all too familiar with the dangers associated with restraining special needs children, as many had incurred significant injuries and in some cases children actually died from the use of physical restraint. The CWLA was also familiar with the psychological impact that restraint and seclusion had on special needs children. These children became more anxious, and their behaviors worsened when secluded. After several years of writing and re-writing their guidelines on restraint and seclusion, the CWLA came to realize that the bigger problem was that restraint and seclusion could not possibly be part of any "Best Practice" approach. These techniques needed to be prevented and eliminated as much as possible. Restraint and seclusion serve no educational value and these practices injure and in some cases led to the death of special needs children.
The CWLA was also aware that training alone was not enough to reduce restraint and seclusion. Although staff training is a key aspect, many times the core leadership, needs to be changed in order to facilitate the culture change necessary to eliminate the need for restraint and seclusion.
"To truly reduce, if not eliminate these aversive techniques, it would require a change in leadership and a change in the organizational culture." (quote from the CWLA's report on preventing and reducing the use of restraint and seclusion.)
After numerous revisions of their Best Practice Guidelines, by September 2003 they changed the name of the grant to Best Practices in Behavior Support and Intervention: Preventing and Reducing the Use of Restraint and Seclusion.
The five goals for the Best Practices in Behavior Support and Intervention are:
1. Staff will use restraint and seclusion in emergency situations only when absolutely necessary to maintain the safety of themselves, [students], and others.
2. Eliminate the unnecessary use of restraint and seclusion.
3. Reduce the risk of deaths.
4. Reduce injuries among [children] and staff.
5. Reduce the duration of restraint and seclusion.
6. Increase debriefing with children, family members, and staff.
*Please note: As these goals were written to include children in residential facilities, I have substituted the word "resident" with the word "student" or "children" as necessary.
The CWLA strongly recommends the establishment of an Oversight Committee to monitor the reduction of such aversive techniques. The committee should include executive leadership (administrators), supervisors, staff members (teachers and aides), advocates and parents. The sole focus of the oversight committee is to monitor the campaign to reduce the use of restraint and seclusion.
- The committee must be empowered to implement changes (NETI, 2003).
- It should ensure that an executive team leader is on-call and that staff immediately report every incident of restraint and seclusion to him or her.
- The committee should carefully review every physical intervention incident, take responsibility for recommending any program or policy revisions based on incident review, and make sure that staff members are receiving the necessary resources to realize the committee's mission (Abrams, 2001).
The CWLA strongly believes that every time physical interventions become necessary it is an indication that the child's program has failed.
How can this help our special needs children in Cherry Hill?
First, we as a community must come to the realization that the Best Practice Guidelines must be adhered to in educating our special needs population. This will help both our special needs population as well as our typical students. It will also provide for training of our teachers and aides that are working with our children on a daily basis.
I think we can all agree that aversive techniques do not "teach" our children the skills to maintain themselves in a socially appropriate manner. Restraint and seclusion do not foster a child's development and do not serve any educational value.
Teaching the appropriate skills so that children can regulate their own behavior and focusing on the positive interventions for behavior modification should be the standard approach in our school district. It also happens to be the law. Any school administrator that does not comprehend this essential concept in behavior management should not be a school administrator.
Moving Forward:
Many parents have voiced their concerns about the use of physical restraint and seclusion as it applies to our special needs children. The blog that focused on this topic has continued to receive reader comments, which are now in excess of 130! While I am reasonably sure that the Board of Education continues to follow this blog, I think it may be important for parents to address the BOE about this topic during the next BOE meeting (Tuesday 11/27/07, 7:00 PM at Clara Barton Elementary School).
I think the BOE needs to hear from parents, as it pertains to the concerns regarding restraint and seclusion practices. Our BOE should also be made "officially" aware of the fact that parents have tried to follow the Chain of Command in resolving this critical issue. The fact that administrators, including our Superintendent, refused to address the matter with parents, does not mean that parents did not attempt to follow the Chain of Command. We have been given the usual runaround and parents need to advise the BOE of this.
If you are a parent that has tried to follow the Chain of Command, only to be referred back to the first link - it is important that you let the BOE know this. It is my understanding that our administrators position is that they have not received any complaints about this situation.It is highly possible that the BOE was given a watered down version of this padded closet and it's uses. It may be important for the BOE to hear the other side of this issue and learn more about this padded closet and the detrimental impact it could have on our children.
It has become apparent that many have lost faith in our current school administration. The fact that our administrator's even allowed this padded closet to be constructed, let alone defended its' use, is grounds for any parent to question the morals and integrity of our administrators. To add insult to injury, many were denied access to administrators when we had questions about this matter. Also, some of the comments that were left on the two prior blogs, presumably from administrators; have now led to a serious lack of confidence in the administration's ability or willfulness to provide a safe learning environment for our children. This too, needs to be brought to the attention of the BOE.
If we approach the BOE, during public comment, in a thoughtful and dignified manner, explaining our overall concerns, I believe we can make a great deal of progress and set forth measures to eliminate these aversive techniques in the future and hopefully foster an environment where parents, teachers and administrators can work together for the common good of our children.
There is some indication that our teachers support our position on this issue. We have had several teachers write in on the blog that have indicated the lack of training in regards to applying these positive interventions. Our teachers and aides have been requesting this critical training for some time. They are interested in applying these positive strategies to not only "teach" our children the necessary skills but also to reduce the incidents of restraint and seclusion. With all of the issues that our teaching staff is facing (working without a contract) I applaud them for taking the time to support parents on this issue.
Please join me at the next BOE meeting to stand up for the children in Cherry Hill that require positive behavioral supports. Mark your calendar for Tuesday, November 27, 2007 at 7:00 PM. This meeting is at Clara Barton Elementary School.
Since many have asked, and a few administrators have alluded to the fact that this padded closet did not exist, I am providing the pictures of the padded closet for anyone interested in viewing them. You will quickly realize why I do not like referring to this as a Quiet Room, as it was quite literally a padded closet! Click here to see the photos.
Please Note: I am not supplying these photos to "stir the pot" as an administrator accused me of recently. I want readers to see exactly what we are referring to and form their own conclusions.
Mother of boy with Down's sues Randolph, State School Boards, School
10/31/2007 7:00 PM
By Cara Bailey -Kanawha Bureau
CHARLESTON - The mother of an 11-year-old boy diagnosed with Down's Syndrome has filed a personal injury lawsuit against the school where her son attended and several school employees who were supposed to help him.
Brenda Renee Barrows, of Randolph County, filed a suit Oct. 15 in Kanawha Circuit Court on behalf of her son, Barry Barrows, who attended Elkins Third Ward Elementary.
The suit names the Randolph County Board of Education and the West Virginia Board of Education as defendants, along with several school officials, teachers and aides. Barrows claims the actions of the defendants were "shocking and reprehensible. "
Barry Barrows has been diagnosed with Down's Syndrome since birth, the suit says. He also suffers from a seizure disorder, which requires medicine at regular intervals. Barrows entered the Randolph County School system in 1999, where he was enrolled as a student in need of special education services.
According to the suit, in August 2005, Barrows was placed in the classroom of defendant Penelope Friddle. The suit says Friddle determined that Barrows had behavioral issues, despite Brenda Barrows working with her on that issue.
Friddle, and the school, claimed everything happening to Barry Barrows "was his fault because he was unable to conform or cooperate or was the result ... of bad parenting," the suit says.
Brenda Barrows claims she soon noticed her son not wanting to go to school.
"Throughout the school year while in the care of Friddle, the school began a practice of strapping Barry Charles Barrows in his chair," the suit says.
According to the suit, Barrows was distraught and constantly distressed over the reported behaviors of her son, so she had him reevaluated by the Klingberg Neurodevelopmental Center. A physician at the center submitted a recommendation to the Randolph County Board of Education, suggesting that Barry Barrows should have his own aide.
However, he was never provided an aide, the suit says.
During the 2006-07 school year, Brenda Barrows went to the school to deliver medication for her son. Upon arriving, she claims she found her son strapped in the Easy Stander chair.
The Easy Stander chair is normally used as a therapeutic device to prevent, reverse or improve the adverse effects of prolonged immobilization in paraplegic or quadriplegic children.
"It was reported to Brenda Renee Barrows that Barry Charles Barrows was placed in the Easy Stander as a punishment due to giggling or laughing during reading," the suit says.
Brenda Barrows claims she immediately left and drove to the Board of Education offices, where she met with defendant Donna Simmons, the director of special education. Barrows claims she was told this was not the first time her son had been strapped in the chair for discipline purposes.
Friddle, and aides Georgia Williams and Charlotte Scott, who are also named as defendants, confirmed the use of the Easy Stander as discipline, the suit says.
Barrows removed her son from the class, and did not return him until the school board could assure his safety. He returned Nov. 28, 2006. No extra aide was ever hired for Barry Barrows.
In the nine-count suit, Brenda Barrows claims the defendants are responsible for assault and battery, infliction of severe emotional distress and false imprisonment.
Therefore, Brenda and Barry Barrows seek compensatory damages for pain and suffering, punitive damages and court costs.
Attorneys Belinda A. Haynie and George B. Armistead are representing the Barrows. The case has been assigned to Judge Louis Bloom.
Kanawha Circuit Court case number 07-C-2196.
By Cara Bailey -Kanawha Bureau
CHARLESTON - The mother of an 11-year-old boy diagnosed with Down's Syndrome has filed a personal injury lawsuit against the school where her son attended and several school employees who were supposed to help him.
Brenda Renee Barrows, of Randolph County, filed a suit Oct. 15 in Kanawha Circuit Court on behalf of her son, Barry Barrows, who attended Elkins Third Ward Elementary.
The suit names the Randolph County Board of Education and the West Virginia Board of Education as defendants, along with several school officials, teachers and aides. Barrows claims the actions of the defendants were "shocking and reprehensible. "
Barry Barrows has been diagnosed with Down's Syndrome since birth, the suit says. He also suffers from a seizure disorder, which requires medicine at regular intervals. Barrows entered the Randolph County School system in 1999, where he was enrolled as a student in need of special education services.
According to the suit, in August 2005, Barrows was placed in the classroom of defendant Penelope Friddle. The suit says Friddle determined that Barrows had behavioral issues, despite Brenda Barrows working with her on that issue.
Friddle, and the school, claimed everything happening to Barry Barrows "was his fault because he was unable to conform or cooperate or was the result ... of bad parenting," the suit says.
Brenda Barrows claims she soon noticed her son not wanting to go to school.
"Throughout the school year while in the care of Friddle, the school began a practice of strapping Barry Charles Barrows in his chair," the suit says.
According to the suit, Barrows was distraught and constantly distressed over the reported behaviors of her son, so she had him reevaluated by the Klingberg Neurodevelopmental Center. A physician at the center submitted a recommendation to the Randolph County Board of Education, suggesting that Barry Barrows should have his own aide.
However, he was never provided an aide, the suit says.
During the 2006-07 school year, Brenda Barrows went to the school to deliver medication for her son. Upon arriving, she claims she found her son strapped in the Easy Stander chair.
The Easy Stander chair is normally used as a therapeutic device to prevent, reverse or improve the adverse effects of prolonged immobilization in paraplegic or quadriplegic children.
"It was reported to Brenda Renee Barrows that Barry Charles Barrows was placed in the Easy Stander as a punishment due to giggling or laughing during reading," the suit says.
Brenda Barrows claims she immediately left and drove to the Board of Education offices, where she met with defendant Donna Simmons, the director of special education. Barrows claims she was told this was not the first time her son had been strapped in the chair for discipline purposes.
Friddle, and aides Georgia Williams and Charlotte Scott, who are also named as defendants, confirmed the use of the Easy Stander as discipline, the suit says.
Barrows removed her son from the class, and did not return him until the school board could assure his safety. He returned Nov. 28, 2006. No extra aide was ever hired for Barry Barrows.
In the nine-count suit, Brenda Barrows claims the defendants are responsible for assault and battery, infliction of severe emotional distress and false imprisonment.
Therefore, Brenda and Barry Barrows seek compensatory damages for pain and suffering, punitive damages and court costs.
Attorneys Belinda A. Haynie and George B. Armistead are representing the Barrows. The case has been assigned to Judge Louis Bloom.
Kanawha Circuit Court case number 07-C-2196.
Unlawful Restraint of 3 Year Old?
By Dan O'Donnell
Story Created: Oct 11, 2007
Story Updated: Oct 30, 2007
Click here to listen to Dan's report
For Hasmig Tempesta, it was the surprise of her life.
Her autistic 3 year-old son Zachary attends the Early Childhood program at Red Apple Elementary School in Racine. While at home, he receives treatment from an autism therapist.
"She went to check in on [Zachary] at school and came back the next day to ask me if I knew he was being belted into a chair," Hasmig said. "Of course I said no. She explained that any time that he was sitting down, he was belted into that chair. She was there for an hour and a half and said he was in that chair for about 50 minutes."
That chair is known as a Rifton Toddler Chair and, according to the company's website, is intended to be used solely by children with physical disabilities and not as a behavioral restraint.
When Hasmig asked about this, the school would not give her a straight answer.
"They said 'some kids need it and some kids don't and it's really the parents' choice,'" she recalled, noting that the school never told her about its use of the chair.
The Wisconsin Department of Public Instruction's guidelines for the physical restraint and seclusion of students indicate that "the use of mechanical or chemical restraint is not appropriate for use in schools without medical authorization and oversight."
"It can only be used if it has been included in the individualized education plan (IEP) for a special needs student and a parent has been notified," said DPI communication coordinator Patrick Gasper.
Hasmig said the use of such mechanical restraint was not in Zachary's IEP, nor was it ever discussed with her. Both of these are apparent violations of DPI guidelines.
"We have already been in contact with the Racine Unified School District to remind them of the policies regarding the use of restraints on students with disabilities," Gasper reported. "They said they are making corrections."
In a prepared statement, Racine Unified reported that it is "working with the Red Apple parent and will reconvene the student's IEP team this week to discuss the needs of the student and how the district can best meet those needs within a classroom."
But in the interim, Hasmig said Zachary has still been placed in a Rifton Chair.
"He's strapped in when he's one-on-one in speech therapy. He was strapped in any time he was at the table. He was strapped in during circle time," she said.
On its website, the Autism National Committee "condemns the widespread and excessive use of mechanical and physical restraints in restricting the civil and human rights of people with disabilities," adding that "we believe that the use of restraints is a failure in treatment."
Local advocacy group Disability Rights Wisconsin agrees.
"For at least the last six years, we've been very concerned about the overuse of both seclusion and restraint of children in Wisconsin's schools," said the group's managing attorney Jeff Spitzer-Resnick. "We believe it's happening too often, based on the individuals who have expressed concern to us and the cases that we've investigated, some of which end up resulting in severe injuries. For instance, we've been involved in cases where children have had their elbows broken."
Spitzer-Resnick's colleague, advocacy specialist Cathy Steffke, says she's handled upwards of 50 improper restraint-related cases in southeast Wisconsin schools in the past few years and that this increase is due to a lack of firm legislation in the state.
"There is no statutory law related to the use of seclusion and restraint for children," she said. "There is statutory law for criminals. There is statutory law for people who have mental health issues, but for the most vulnerable of our citizens, children with disabilities, there is now law pertaining to their seclusion and restraint."
Hasmig Tempesta, though, isn't out to make new laws. She just wants each new school day for her Zachary to be a safe and happy one.
"He's a typical kid. Does he have issues he needs to work on? Yes, but it's nothing that they're not supposed to be able to handle."
Story Created: Oct 11, 2007
Story Updated: Oct 30, 2007
Click here to listen to Dan's report
For Hasmig Tempesta, it was the surprise of her life.
Her autistic 3 year-old son Zachary attends the Early Childhood program at Red Apple Elementary School in Racine. While at home, he receives treatment from an autism therapist.
"She went to check in on [Zachary] at school and came back the next day to ask me if I knew he was being belted into a chair," Hasmig said. "Of course I said no. She explained that any time that he was sitting down, he was belted into that chair. She was there for an hour and a half and said he was in that chair for about 50 minutes."
That chair is known as a Rifton Toddler Chair and, according to the company's website, is intended to be used solely by children with physical disabilities and not as a behavioral restraint.
When Hasmig asked about this, the school would not give her a straight answer.
"They said 'some kids need it and some kids don't and it's really the parents' choice,'" she recalled, noting that the school never told her about its use of the chair.
The Wisconsin Department of Public Instruction's guidelines for the physical restraint and seclusion of students indicate that "the use of mechanical or chemical restraint is not appropriate for use in schools without medical authorization and oversight."
"It can only be used if it has been included in the individualized education plan (IEP) for a special needs student and a parent has been notified," said DPI communication coordinator Patrick Gasper.
Hasmig said the use of such mechanical restraint was not in Zachary's IEP, nor was it ever discussed with her. Both of these are apparent violations of DPI guidelines.
"We have already been in contact with the Racine Unified School District to remind them of the policies regarding the use of restraints on students with disabilities," Gasper reported. "They said they are making corrections."
In a prepared statement, Racine Unified reported that it is "working with the Red Apple parent and will reconvene the student's IEP team this week to discuss the needs of the student and how the district can best meet those needs within a classroom."
But in the interim, Hasmig said Zachary has still been placed in a Rifton Chair.
"He's strapped in when he's one-on-one in speech therapy. He was strapped in any time he was at the table. He was strapped in during circle time," she said.
On its website, the Autism National Committee "condemns the widespread and excessive use of mechanical and physical restraints in restricting the civil and human rights of people with disabilities," adding that "we believe that the use of restraints is a failure in treatment."
Local advocacy group Disability Rights Wisconsin agrees.
"For at least the last six years, we've been very concerned about the overuse of both seclusion and restraint of children in Wisconsin's schools," said the group's managing attorney Jeff Spitzer-Resnick. "We believe it's happening too often, based on the individuals who have expressed concern to us and the cases that we've investigated, some of which end up resulting in severe injuries. For instance, we've been involved in cases where children have had their elbows broken."
Spitzer-Resnick's colleague, advocacy specialist Cathy Steffke, says she's handled upwards of 50 improper restraint-related cases in southeast Wisconsin schools in the past few years and that this increase is due to a lack of firm legislation in the state.
"There is no statutory law related to the use of seclusion and restraint for children," she said. "There is statutory law for criminals. There is statutory law for people who have mental health issues, but for the most vulnerable of our citizens, children with disabilities, there is now law pertaining to their seclusion and restraint."
Hasmig Tempesta, though, isn't out to make new laws. She just wants each new school day for her Zachary to be a safe and happy one.
"He's a typical kid. Does he have issues he needs to work on? Yes, but it's nothing that they're not supposed to be able to handle."
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