Emily Gersema - Mar. 14, 2008 Phoenix, AZ
A 5-year-old autistic boy has been physically restrained four times this school year at Settler's Point Elementary in Gilbert, despite his mother's repeated requests for the staff to stop it.
The mother, Amy Eddy, told the Gilbert Republic she has asked the district to stop sharing sensitive, extended family medical history that is in her son's student file in spite of federal health privacy laws. In an e-mail response, officials refused.
Another Gilbert parent, Juliet Chapman, complains that Finley Farms Elementary in Gilbert continually assigns her autistic son to occupational therapy to teach him skills such as tying his shoes even though he already has tested out of it. She adds that the school also continues to ignore her suggestions to set higher goals for her son in his Individual Education Plan.
Eddy and Chapman are among about a dozen parents of autistic children in various Gilbert Public Schools who are demanding that the district provide better training to staff to help address their concerns and ensure their kids can succeed.
Some parents are afraid to speak publicly because they fear that the school staff or administrators will retaliate against their children, placing them in self-contained classrooms where they'll be isolated from typical children and denied the opportunity to develop the social skills they lack as part of their disorder.
Parents of autistic children have been raising these concerns with the Gilbert district for more than a year, according to district e-mails and documents and interviews with the Republic. Some are so frustrated they've formed a local support group, Supporting Autism Now through Education, which also has been lobbying at the Statehouse for better coverage of health problems related to autism.
District officials complain that the parents are involved in an organized effort against GPSchool.
But the parents say they wouldn't have come together if they weren't experiencing similar problems that persist despite their efforts to work with staff and administrators to address their children's individual struggles in the classroom. They've even offered to pool their money to pay for teacher training.
Melissa Van Hook and Holly Reycraft are two parents who have filed formal complaints for which state education officials found there were no violations.
Reycraft is a former special-education teacher for GPS. Among her allegations is that the school district failed to ensure she and her ex-husband were both present at the planning meeting for her son Hunter, then 10.
Van Hook had a similar complaint, saying that she and her husband were not given the opportunity to provide input on their son's plan. Their son is a fifth-grader at Ashland Ranch Elementary.
She later filed a notice of claim through an attorney, essentially a placeholder that leaves her the option of filing a civil rights complaint against the district.
Both women say they took the step of making a formal complaint because they got nowhere with district officials. After several meetings with staff, and then administrators, Van Hook says she and other parents who've tried to work with the district have felt treated like they're troublemakers.
And now, membership in their organization, SANE, is increasing as more parents come to them for help with their problems.
"I don't understand why it has to be so adversarial," said Van Hook, who has two boys with autism disorders. "Why can't they listen to these parents and get a clue that maybe they have some merit?"
The district launched an investigation into parents' complaints about special education, hiring Mesa attorney Richard Lyons to interview Van Hook, Reycraft and others about their concerns.
He was paid through a special insurance program retained by the school. His report refers to their complaints as "the conspiracy." Van Hook says the investigation seemed biased to start with. Lyons has represented school districts in civil rights complaints. Despite Lyons' ties to school districts, Dave Allison, GPS associate superintendent, says he believes the report was fair.
Reycraft says she feels the district needs some sort of representation of families with special-needs children, and has applied for the board seat left open by Traci Klein, who resigned last month without explanation.
Saturday, March 15, 2008
High Court Says No to Dismissing Panel from Suit
Saturday, March 15, 2008
By BOB LOWRY
Times Staff Writer bob.lowry@htimes.com
The Huntsville Times
Madison County Ed Board must face rape case
MONTGOMERY - The Alabama Supreme Court on Friday refused to dismiss the Madison County Board of Education as a defendant in a lawsuit filed by girl who claimed she was raped in 2002, when she was 11 years old, by her physical education teacher.
However, the high court did dismiss the board's personnel director, Jim Nash, as a defendant.
The Board of Education and Nash had claimed immunity under state agency immunity, the 11th Amendment to the Constitution and qualified immunity.
But in overturning a ruling from Madison County Circuit Judge Karen Hall, the Supreme Court said the Board of Education could not be considered an arm of the state, and was not entitled to constitutional protection.
In Nash's case, the tribunal said his actions were "at most negligent and ... he is entitled to qualified immunity."
The case revolved around a suit filed in 2005 by a Madison County family against a former coach and teacher and Madison County school officials. They alleged the teacher, William Ford Reaves, raped their daughter, a special education student at Madison County Elementary School.
The lawsuit says school officials knew about Reaves' background of inappropriate behavior toward young girls but failed to protect them. The lawsuit seeks compensatory and punitive damages to be determined by a jury.
The incident didn't come to light until May 2004 when the girl, at the urging of her girlfriends, notified a counselor at Riverton Middle School.
"It appears that over a period of 16 years before they became aware of this allegation, school and/or board officials had investigated various allegations of inappropriate conduct by Reaves on five occasions and had placed written reports in Reaves' file," the Supreme Court said.
Reaves, who was 52 at the time, was reprimanded in some form in response to each allegation, but on the advise of the board's lawyer it was decided there was insufficient evidence to fire
Reaves, who was a tenured teacher, the court said.
The court said Reaves retired before a decision was made to fire him and criminal charges against him were dropped.
Reaves, who had been employed by the county school system since 1983, was a coach at Madison County Elementary School during the 2002-03 school year.
By BOB LOWRY
Times Staff Writer bob.lowry@htimes.com
The Huntsville Times
Madison County Ed Board must face rape case
MONTGOMERY - The Alabama Supreme Court on Friday refused to dismiss the Madison County Board of Education as a defendant in a lawsuit filed by girl who claimed she was raped in 2002, when she was 11 years old, by her physical education teacher.
However, the high court did dismiss the board's personnel director, Jim Nash, as a defendant.
The Board of Education and Nash had claimed immunity under state agency immunity, the 11th Amendment to the Constitution and qualified immunity.
But in overturning a ruling from Madison County Circuit Judge Karen Hall, the Supreme Court said the Board of Education could not be considered an arm of the state, and was not entitled to constitutional protection.
In Nash's case, the tribunal said his actions were "at most negligent and ... he is entitled to qualified immunity."
The case revolved around a suit filed in 2005 by a Madison County family against a former coach and teacher and Madison County school officials. They alleged the teacher, William Ford Reaves, raped their daughter, a special education student at Madison County Elementary School.
The lawsuit says school officials knew about Reaves' background of inappropriate behavior toward young girls but failed to protect them. The lawsuit seeks compensatory and punitive damages to be determined by a jury.
The incident didn't come to light until May 2004 when the girl, at the urging of her girlfriends, notified a counselor at Riverton Middle School.
"It appears that over a period of 16 years before they became aware of this allegation, school and/or board officials had investigated various allegations of inappropriate conduct by Reaves on five occasions and had placed written reports in Reaves' file," the Supreme Court said.
Reaves, who was 52 at the time, was reprimanded in some form in response to each allegation, but on the advise of the board's lawyer it was decided there was insufficient evidence to fire
Reaves, who was a tenured teacher, the court said.
The court said Reaves retired before a decision was made to fire him and criminal charges against him were dropped.
Reaves, who had been employed by the county school system since 1983, was a coach at Madison County Elementary School during the 2002-03 school year.
Parents Outraged Over Discovery at Buffalo School #67
Updated: March 13, 2008 06:40 PM EDT
BUFFALO, N.Y. (WIVB) - Parents wanted to give the school board an earful at Wednesday night's meeting about alleged sexual abuse of a student.
News 4's Alysha Palumbo reports parents had to just sit on their hands.
Parents outraged at the allegations of sexual abuse at School 67 took their concerns to the Buffalo School Board Wednesday night, but they weren't heard because the deadline to speak was Tuesday.
Concerned parent Mike Digiacomo said, "We were told that a public discussion would be available on April 9th. In my opinion, that is far too long."
News 4 has confirmed that a teacher at School 67 discovered the alleged abuse in November when a five-year-old autistic boy was taking a long time in the bathroom.
Buffalo Teachers Federation President Phil Rumore said, "She went in and saw, I think it was the teacher aide, holding the autistic boy's private parts."
Now four months later, parents got this letter from the school's principal, not saying what happened, but that it would be dealt with swiftly and severely.
Digiacomo said, "If it was due to be handled swiftly and severely, the alleged perpetrator should have been removed from the school immediately."
_________________________________________________________
Story by Alysha Palumbo, WIVB.
BUFFALO, N.Y. (WIVB) - - Parents and community members are furious that they've just found out about sexual abuse allegations at School 67, four months after the alleged incident happened.
Rev. Kinzer Pointer, former District-Parent Coordinator, "The reality that this has taken several months to get to this point scares the hell out of me."
News 4 has confirmed that a teacher at School 67 discovered the alleged abuse in November when a five-year-old autistic boy was taking a long time in the bathroom.
Phil Rumore, BTF President, "She went in and saw, I think it was the teacher aide, holding the autistic boy's private parts."
Now four months later, parents got this letter from the school's principal, not saying what happened, but that it would be dealt with swiftly and severely.
Mike DiGiacomo, concerned parent, "If it was due to be handled swiftly and and severely, the alleged perpetrator should have been removed from the school immediately."
Dawn Darling, parent, "I thought you were here to protect our children and obviously not."
Parents took their concerns to the Buffalo School Board tonight, but they weren't heard because the deadline to speak was Tuesday.
Mike DiGiacomo, concerned parent, "We were told that a public discussion would be available on April 9th, in my opinion that is far too long."
_________________________________________________________
BUFFALO, N.Y. (WIVB) - - Some Buffalo Public School parents are outraged by what allegedly took place in a bathroom at Discovery School 67 in South Buffalo.
Ed Bednarz, parent, "Cause I have kids. A 4 year-old and a 6 year-old. If indeed that's what's happening. It just makes you sick to your stomach."
News 4 has confirmed a teacher became concerned when a 5 year-old autistic child seemed to be in a bathroom little too long.
Phil Rumore, Buffalo Teachers Federation (BTF) President, "She went in and saw, I think it was the teacher aide, holding the autistic boy's private parts."
The alledged incident involving the aid took place in a bathroom in November, and now many parents are wondering why it took so long to come to light.
Dawn Darling, parent, "I'm furious. Furious. And you knew about this how many months ago?"
Almost 4 months later, parents are just now getting letters about the allegation.
Dawn Darling, parent, "I thought you were here to protect our children and obviously not."
BTF President Phil Rumore says the teacher reported what she saw right away to the principle, the teacher writes the adult was not suspended and charged with sexual abuse. Without another witness to support my statements and the abuser's denial of my charges, my allegations were labeled unfounded.
Phil Rumore, Buffalo Teachers Federation (BTF) President, "You don't touch a young boy's private parts."
Until a few days ago, the aide was in the same classroom with the teacher and the student.
Rumore wonders why, if the allegation had been made against a teacher.
Phil Rumore, Buffalo Teachers Federation (BTF) President, "That teacher would have been immediately sent home and put on administrative leave."
The Buffalo Police Department's sex offense squad is investigating and may turn over its findings to the District Attorney's Office in the next week or so.
There are questions about whether proper procedures were followed by the school. The school board may take up the matter Wednesday evening.
BUFFALO, N.Y. (WIVB) - Parents wanted to give the school board an earful at Wednesday night's meeting about alleged sexual abuse of a student.
News 4's Alysha Palumbo reports parents had to just sit on their hands.
Parents outraged at the allegations of sexual abuse at School 67 took their concerns to the Buffalo School Board Wednesday night, but they weren't heard because the deadline to speak was Tuesday.
Concerned parent Mike Digiacomo said, "We were told that a public discussion would be available on April 9th. In my opinion, that is far too long."
News 4 has confirmed that a teacher at School 67 discovered the alleged abuse in November when a five-year-old autistic boy was taking a long time in the bathroom.
Buffalo Teachers Federation President Phil Rumore said, "She went in and saw, I think it was the teacher aide, holding the autistic boy's private parts."
Now four months later, parents got this letter from the school's principal, not saying what happened, but that it would be dealt with swiftly and severely.
Digiacomo said, "If it was due to be handled swiftly and severely, the alleged perpetrator should have been removed from the school immediately."
_________________________________________________________
Story by Alysha Palumbo, WIVB.
BUFFALO, N.Y. (WIVB) - - Parents and community members are furious that they've just found out about sexual abuse allegations at School 67, four months after the alleged incident happened.
Rev. Kinzer Pointer, former District-Parent Coordinator, "The reality that this has taken several months to get to this point scares the hell out of me."
News 4 has confirmed that a teacher at School 67 discovered the alleged abuse in November when a five-year-old autistic boy was taking a long time in the bathroom.
Phil Rumore, BTF President, "She went in and saw, I think it was the teacher aide, holding the autistic boy's private parts."
Now four months later, parents got this letter from the school's principal, not saying what happened, but that it would be dealt with swiftly and severely.
Mike DiGiacomo, concerned parent, "If it was due to be handled swiftly and and severely, the alleged perpetrator should have been removed from the school immediately."
Dawn Darling, parent, "I thought you were here to protect our children and obviously not."
Parents took their concerns to the Buffalo School Board tonight, but they weren't heard because the deadline to speak was Tuesday.
Mike DiGiacomo, concerned parent, "We were told that a public discussion would be available on April 9th, in my opinion that is far too long."
_________________________________________________________
BUFFALO, N.Y. (WIVB) - - Some Buffalo Public School parents are outraged by what allegedly took place in a bathroom at Discovery School 67 in South Buffalo.
Ed Bednarz, parent, "Cause I have kids. A 4 year-old and a 6 year-old. If indeed that's what's happening. It just makes you sick to your stomach."
News 4 has confirmed a teacher became concerned when a 5 year-old autistic child seemed to be in a bathroom little too long.
Phil Rumore, Buffalo Teachers Federation (BTF) President, "She went in and saw, I think it was the teacher aide, holding the autistic boy's private parts."
The alledged incident involving the aid took place in a bathroom in November, and now many parents are wondering why it took so long to come to light.
Dawn Darling, parent, "I'm furious. Furious. And you knew about this how many months ago?"
Almost 4 months later, parents are just now getting letters about the allegation.
Dawn Darling, parent, "I thought you were here to protect our children and obviously not."
BTF President Phil Rumore says the teacher reported what she saw right away to the principle, the teacher writes the adult was not suspended and charged with sexual abuse. Without another witness to support my statements and the abuser's denial of my charges, my allegations were labeled unfounded.
Phil Rumore, Buffalo Teachers Federation (BTF) President, "You don't touch a young boy's private parts."
Until a few days ago, the aide was in the same classroom with the teacher and the student.
Rumore wonders why, if the allegation had been made against a teacher.
Phil Rumore, Buffalo Teachers Federation (BTF) President, "That teacher would have been immediately sent home and put on administrative leave."
The Buffalo Police Department's sex offense squad is investigating and may turn over its findings to the District Attorney's Office in the next week or so.
There are questions about whether proper procedures were followed by the school. The school board may take up the matter Wednesday evening.
Athens educator put on leave for allegedly striking special education student
By Rich Flowers
March 11, 2008
Athens Daily News, Athens, TX
An Athens Middle School teacher has been placed on paid administrative leave while the school district investigates an allegation she struck a middle school student. Superintendent Dr. Fred Hayes did not identify the teacher under investigation, but said the complaint involves a special education teacher with 17 years experience and a 13-year-old boy.
“The allegation is that the teacher struck the student after he head-butted her. She popped him in the back of the head with an open hand,” Hayes said. “We take it very seriously. We’re dealing with it.”
The teacher was not escorted from the campus, but has been removed from the classroom. Hayes said there had been no prior allegations of student abuse concerning the teacher.
“She will remain on paid leave until we complete the investigation,” Hayes said. “The investigation involves one particular incident and one particular student. Even though it’s very important, I don’t want anyone to think th ere was widespread abuse going on.”
The incident allegedly occurred March 5 and the investigation began the following afternoon. Hayes is conducting the probe in conjunction with the special education department.
“I’m anticipating that probably by Wednesday we should have it wrapped up,” Hayes said of the investigation. “We never like to deal with anything like this. You hope that no teacher would ever strike a student even if it’s a reaction like to being head-butted. In a special ed situation where the student is more apt to hit you, sometimes there’s a response. But if there is, there’s a consequence.”
The complaint came from a nurse who said she witnessed the incident. He said the nurse meets with the child in the classroom a couple of times a week. The nurse told the parents, who in turn told the principal. From there the message was relayed to Hayes.
“Anytime you have something like this, there are rumors out there that are rampant. I would like to have people understand that our job is to keep your child safe,” Hayes said. “We’re going to do everything we can to do that. Sometimes, unfortunately, that means removing the teacher from the classroom, such as in this case.”
If the investigation should result in the termination of the teacher, Hayes said, the information would be forwarded to the state agency that governs teacher employment. The agency would make the determination concerning whether the teacher could be employed elsewhere.
March 11, 2008
Athens Daily News, Athens, TX
An Athens Middle School teacher has been placed on paid administrative leave while the school district investigates an allegation she struck a middle school student. Superintendent Dr. Fred Hayes did not identify the teacher under investigation, but said the complaint involves a special education teacher with 17 years experience and a 13-year-old boy.
“The allegation is that the teacher struck the student after he head-butted her. She popped him in the back of the head with an open hand,” Hayes said. “We take it very seriously. We’re dealing with it.”
The teacher was not escorted from the campus, but has been removed from the classroom. Hayes said there had been no prior allegations of student abuse concerning the teacher.
“She will remain on paid leave until we complete the investigation,” Hayes said. “The investigation involves one particular incident and one particular student. Even though it’s very important, I don’t want anyone to think th ere was widespread abuse going on.”
The incident allegedly occurred March 5 and the investigation began the following afternoon. Hayes is conducting the probe in conjunction with the special education department.
“I’m anticipating that probably by Wednesday we should have it wrapped up,” Hayes said of the investigation. “We never like to deal with anything like this. You hope that no teacher would ever strike a student even if it’s a reaction like to being head-butted. In a special ed situation where the student is more apt to hit you, sometimes there’s a response. But if there is, there’s a consequence.”
The complaint came from a nurse who said she witnessed the incident. He said the nurse meets with the child in the classroom a couple of times a week. The nurse told the parents, who in turn told the principal. From there the message was relayed to Hayes.
“Anytime you have something like this, there are rumors out there that are rampant. I would like to have people understand that our job is to keep your child safe,” Hayes said. “We’re going to do everything we can to do that. Sometimes, unfortunately, that means removing the teacher from the classroom, such as in this case.”
If the investigation should result in the termination of the teacher, Hayes said, the information would be forwarded to the state agency that governs teacher employment. The agency would make the determination concerning whether the teacher could be employed elsewhere.
Friday, March 14, 2008
Suits ask Mason schools be held liable for teacher's abusive actions
3/14/2008 7:00 AM
By Lawrence Smith -Mason Bureau
The West Virginia Record
POINT PLEASANT - The Mason County Board of Education has been named as a co-defendant in two civil suits alleging responsibility for injuries two special needs students suffered at the hands of their teacher.
That teacher, who is named a co-defendant, has a pending suit against the Board challenging an administrative law judge's decision upholding the Board's decision terminating her for the alleged acts.
On Dec. 19, two Mason County residents, identified only as M.F. and A.C., filed separate lawsuits alleging their children, identified only as C.F. and J.C., respectively, were improperly disciplined by their New Haven Elementary preschool teacher, Katherine Parrish. According to the suits, which are identical in wording expect for the names involved, the infants suffered "physical and emotional abuse" as a result of Parrish's actions.
In their complaint and suit, filed with the assistance of Matthew L. Clark, with the Point Pleasant law firm of Kayser, Layne and Clark, the residents allege that Parrish on several occasions between August and December 2006, "placed the infant [C.F/J.C] into a body sock, which brutally restrained [C.F./J.C.] in an abusive manner inconsistent with the child's Individualized Educational Plan or any accepted teaching practice."
Also, the suits allege Parrish, "covered the infant's face and head in an unreasonable manner for an undetermined amount of time while [C.F./J.C.] was restrained in the body sock." During the time they were each restrained, eyewitnesses observed Parrish leave the room.
Likewise, eyewitnesses observed Parrish "pick up [C.F./J.C.] and slam [C.F/J.C] down on the bleachers in an abusive manner." Because of the "physical and mental abuse [C.F./J.C.] suffered at the hands of Katherine Parrish, [C.F./J.C.] frequently recalls the abusive events and becomes frightened, and utters phrases consistent with the abuse endured," the suits allege.
According to court records, Parrish's actions where not halted until Susan Howard, a teacher's aide, reported it to the Board on Dec. 14, 2006. However, Clark says the school's principal, Robert Vaughan, was alerted to this matter a week earlier, but did nothing."
Defendant, Principal Robert Vaughan's inaction allowed the emotional and physical abuse of Defendant, Katherine Parrish, to continue until the Mason County Board of Education suspended and eventually terminated the employment of Defendant, Katherine Parrish," Clark said.
Because of his alleged inaction, Vaughan is named a co-defendant in the suits.
According to court records, the Board terminated Parrish, who lives in Ripley, on Jan. 18, 2007. On July 9, the West Virginia Education and State Employees Grievance Board upheld the school board's decision.
In the suit, Clark alleges that the actions of the three defendants has resulted in the infants to incur "Physical pain and suffering; Medical bills and costs; Mental pain, Suffering and anguish; Anxiety; and Loss of ability to enjoy life."
As compensation, Clark is asking that the three defendants be held jointly and severally liable for their actions so the infants may be awarded "an amount above and beyond the jurisdictional limits of this Honorable Court with prejudgment interest at the legal rate set forth by statute, post judgment interest, costs and attorneys fees incurred in the prosecution of this action."
"Further," Clark added, "Plaintiff[s] demand judgment against Defendant Katherine Parrish, for exemplary and punitive damages in an amount to be decided by a jury, and such further relief as the Court may order just and proper."
Teacher challenging termination
Though the suit was filed in December, neither of defendants has filed a reply. However, in a separate lawsuit, Parrish has challenged her termination.
As first reported by the West Virginia Record, Parrish, with the assistance of James M. Casey and Jeremy Vickers of the Casey Law Offices in Point Pleasant, filed an appeal of the Grievance Board's decision to Mason Circuit Court on Aug. 8. Casey and Vickers challenged personal observations Denise M. Spatafore, the administrative law judge, made in her ruling as "arbitrary, capricious and characterized by abuse of discretion and clearly warranted exercise of discretion."
Other than the Board via its attorney Gregory W. Bailey with Bowles, Rice, McDavid, Graff and Love's Morgantown office filing a motion to dismiss on Aug. 13, and Casey and Vickers submitting the entire record of the Grievance Board's finding into the court record on Oct. 25, no new action has been taken in the case.
All three cases are before Mason Circuit Judge David W. Nibert.
Mason Circuit Court, Case Nos. 07-C-191 (M.F., as guardian and next of kin to C.F.), 07-C-192 (A.C., as guardian and next friend of J.C.) and 07-AA-119 (Parrish)
By Lawrence Smith -Mason Bureau
The West Virginia Record
POINT PLEASANT - The Mason County Board of Education has been named as a co-defendant in two civil suits alleging responsibility for injuries two special needs students suffered at the hands of their teacher.
That teacher, who is named a co-defendant, has a pending suit against the Board challenging an administrative law judge's decision upholding the Board's decision terminating her for the alleged acts.
On Dec. 19, two Mason County residents, identified only as M.F. and A.C., filed separate lawsuits alleging their children, identified only as C.F. and J.C., respectively, were improperly disciplined by their New Haven Elementary preschool teacher, Katherine Parrish. According to the suits, which are identical in wording expect for the names involved, the infants suffered "physical and emotional abuse" as a result of Parrish's actions.
In their complaint and suit, filed with the assistance of Matthew L. Clark, with the Point Pleasant law firm of Kayser, Layne and Clark, the residents allege that Parrish on several occasions between August and December 2006, "placed the infant [C.F/J.C] into a body sock, which brutally restrained [C.F./J.C.] in an abusive manner inconsistent with the child's Individualized Educational Plan or any accepted teaching practice."
Also, the suits allege Parrish, "covered the infant's face and head in an unreasonable manner for an undetermined amount of time while [C.F./J.C.] was restrained in the body sock." During the time they were each restrained, eyewitnesses observed Parrish leave the room.
Likewise, eyewitnesses observed Parrish "pick up [C.F./J.C.] and slam [C.F/J.C] down on the bleachers in an abusive manner." Because of the "physical and mental abuse [C.F./J.C.] suffered at the hands of Katherine Parrish, [C.F./J.C.] frequently recalls the abusive events and becomes frightened, and utters phrases consistent with the abuse endured," the suits allege.
According to court records, Parrish's actions where not halted until Susan Howard, a teacher's aide, reported it to the Board on Dec. 14, 2006. However, Clark says the school's principal, Robert Vaughan, was alerted to this matter a week earlier, but did nothing."
Defendant, Principal Robert Vaughan's inaction allowed the emotional and physical abuse of Defendant, Katherine Parrish, to continue until the Mason County Board of Education suspended and eventually terminated the employment of Defendant, Katherine Parrish," Clark said.
Because of his alleged inaction, Vaughan is named a co-defendant in the suits.
According to court records, the Board terminated Parrish, who lives in Ripley, on Jan. 18, 2007. On July 9, the West Virginia Education and State Employees Grievance Board upheld the school board's decision.
In the suit, Clark alleges that the actions of the three defendants has resulted in the infants to incur "Physical pain and suffering; Medical bills and costs; Mental pain, Suffering and anguish; Anxiety; and Loss of ability to enjoy life."
As compensation, Clark is asking that the three defendants be held jointly and severally liable for their actions so the infants may be awarded "an amount above and beyond the jurisdictional limits of this Honorable Court with prejudgment interest at the legal rate set forth by statute, post judgment interest, costs and attorneys fees incurred in the prosecution of this action."
"Further," Clark added, "Plaintiff[s] demand judgment against Defendant Katherine Parrish, for exemplary and punitive damages in an amount to be decided by a jury, and such further relief as the Court may order just and proper."
Teacher challenging termination
Though the suit was filed in December, neither of defendants has filed a reply. However, in a separate lawsuit, Parrish has challenged her termination.
As first reported by the West Virginia Record, Parrish, with the assistance of James M. Casey and Jeremy Vickers of the Casey Law Offices in Point Pleasant, filed an appeal of the Grievance Board's decision to Mason Circuit Court on Aug. 8. Casey and Vickers challenged personal observations Denise M. Spatafore, the administrative law judge, made in her ruling as "arbitrary, capricious and characterized by abuse of discretion and clearly warranted exercise of discretion."
Other than the Board via its attorney Gregory W. Bailey with Bowles, Rice, McDavid, Graff and Love's Morgantown office filing a motion to dismiss on Aug. 13, and Casey and Vickers submitting the entire record of the Grievance Board's finding into the court record on Oct. 25, no new action has been taken in the case.
All three cases are before Mason Circuit Judge David W. Nibert.
Mason Circuit Court, Case Nos. 07-C-191 (M.F., as guardian and next of kin to C.F.), 07-C-192 (A.C., as guardian and next friend of J.C.) and 07-AA-119 (Parrish)
Sunday, March 9, 2008
Lawsuit: Readington school aides failed to report abuse by teacher
by Ralph R. Ortega/The Star-Ledger
Wednesday March 05, 2008, 5:41 PM
Paraprofessionals and school aides failed to report the alleged physical and emotional abuse of special needs children by a teacher at a Hunterdon County school over a two-year period, according to a lawsuit filed by parents of one of the students.
According to the lawsuit, the child was struck, grabbed, pushed, pinched, restrained, assaulted, battered and locked in a bathroom while attending a morning preschool autism class at the Readington School District during the 2004 and 2005 academic years.
The teacher accused of causing the abuse resigned after the problem was eventually reported to the administration of the Three Bridges School, according to the suit.
The suit, filed Tuesday at the Hunterdon County Courthouse in Flemington, does not detail how many children were allegedly abused. The suit claimed paraprofessionals and school aides witnessed the alleged abuse over the two-year period and failed to report it because they had not been trained on how to do so.
Readington Superintendent Jorden Schiff said a reporting system is now in place, but declined to comment specifically on the suit.
State regulations require that child abuse be reported to the Division of Youth and Family Services. Lisa Eastwood, an attorney for the parents who filed the suit, said a complaint against the teacher was made with DYFS after the alleged abuses were reported, but that finding of abuse was reversed on Friday.
The parents who filed the suit still maintain there was abuse, Eastwood said.
Read more in Thursday's Star-Ledger.
Wednesday March 05, 2008, 5:41 PM
Paraprofessionals and school aides failed to report the alleged physical and emotional abuse of special needs children by a teacher at a Hunterdon County school over a two-year period, according to a lawsuit filed by parents of one of the students.
According to the lawsuit, the child was struck, grabbed, pushed, pinched, restrained, assaulted, battered and locked in a bathroom while attending a morning preschool autism class at the Readington School District during the 2004 and 2005 academic years.
The teacher accused of causing the abuse resigned after the problem was eventually reported to the administration of the Three Bridges School, according to the suit.
The suit, filed Tuesday at the Hunterdon County Courthouse in Flemington, does not detail how many children were allegedly abused. The suit claimed paraprofessionals and school aides witnessed the alleged abuse over the two-year period and failed to report it because they had not been trained on how to do so.
Readington Superintendent Jorden Schiff said a reporting system is now in place, but declined to comment specifically on the suit.
State regulations require that child abuse be reported to the Division of Youth and Family Services. Lisa Eastwood, an attorney for the parents who filed the suit, said a complaint against the teacher was made with DYFS after the alleged abuses were reported, but that finding of abuse was reversed on Friday.
The parents who filed the suit still maintain there was abuse, Eastwood said.
Read more in Thursday's Star-Ledger.
Saturday, March 8, 2008
Teen Says Teacher Threw Him to the Floor
March 8, 2008
By NATALIA MIELCZAREK
Staff Writer
The Tennessean.com
The parents of a 14-year-old boy say he sustained face injuries, including carpet burns and swelling, after his teacher threw him to the floor Wednesday morning.
Donovan Marshall has attended Genesis Academy in Nashville since July, said his mother, Angelique Harris. The 24-year-old private school works with students who have emotional, mental and behavioral issues.
The school's executive direc tor, Terry Adams, declined to comment on the particulars of the case, citing privacy laws. He said the school investigates all incidents.
"I don't think anything was done deliberately, and I certainly think that the employee in this position feels incredible remorse (and) is very dedicated to kids," Adams said. "We're taking very strict disciplinary actions. We don't take it lightly whenever there's a parent complaint."
Adams declined to elaborate on what disciplinary actions have been taken toward the teacher, known only as "Mr. Bolton" because of privacy laws. Harris did not know the teacher's first name.
Adams confirmed Bolton is still employed at the school, and said school officials will meet with the family Monday.
Police report filed
Donovan has been diagnosed with attention deficit hyperactivity disorder and bipolar disorder, his mother said. Bolton told the boy Wednesday morning to go to seclusion because he paced, which is a way for him to relieve stress, Harris said. Bolton allegedly threw him to the floor when he wouldn't go.
"I don't know if Donovan pulled away from him, but he didn't put up a fight," Harris said. "Donovan doesn't lie; if he did something wrong he would have said it. … I want that teacher to not be able to work with kids."
Harris filed a police report after her son got home. Metro police's youth services division is investigating the case, said Kristin Mumford, police spokeswoman. Investigators will interview Bolton at the school. He hasn't been charged with any crime, she said.
By NATALIA MIELCZAREK
Staff Writer
The Tennessean.com
The parents of a 14-year-old boy say he sustained face injuries, including carpet burns and swelling, after his teacher threw him to the floor Wednesday morning.
Donovan Marshall has attended Genesis Academy in Nashville since July, said his mother, Angelique Harris. The 24-year-old private school works with students who have emotional, mental and behavioral issues.
The school's executive direc tor, Terry Adams, declined to comment on the particulars of the case, citing privacy laws. He said the school investigates all incidents.
"I don't think anything was done deliberately, and I certainly think that the employee in this position feels incredible remorse (and) is very dedicated to kids," Adams said. "We're taking very strict disciplinary actions. We don't take it lightly whenever there's a parent complaint."
Adams declined to elaborate on what disciplinary actions have been taken toward the teacher, known only as "Mr. Bolton" because of privacy laws. Harris did not know the teacher's first name.
Adams confirmed Bolton is still employed at the school, and said school officials will meet with the family Monday.
Police report filed
Donovan has been diagnosed with attention deficit hyperactivity disorder and bipolar disorder, his mother said. Bolton told the boy Wednesday morning to go to seclusion because he paced, which is a way for him to relieve stress, Harris said. Bolton allegedly threw him to the floor when he wouldn't go.
"I don't know if Donovan pulled away from him, but he didn't put up a fight," Harris said. "Donovan doesn't lie; if he did something wrong he would have said it. … I want that teacher to not be able to work with kids."
Harris filed a police report after her son got home. Metro police's youth services division is investigating the case, said Kristin Mumford, police spokeswoman. Investigators will interview Bolton at the school. He hasn't been charged with any crime, she said.
Subscribe to:
Posts (Atom)