Tuesday, May 27, 2008

Lee County Teacher Accused of Hitting Child Agrees to Settlement

May 25, 2008

news-press.com

The Florida Department of Education has agreed to a settlement with a Lee County teacher it was investigating on allegations she had hit at least two disabled students while she worked in Charlotte County.

Catherine Hile, 42, who teaches autistic students in kindergarten through second grade at Gulf Elementary in Cape Coral and the department agreed to the settlement Tuesday, according to the Florida Division of Administrative Hearings.

Terms of the settlement were not disclosed. It could not be determined Sunday whether Hile’s employment status with the Lee County School District was affected by the settlement.

The division itself closed the case Friday and canceled hearings that had been scheduled for this week in Port Charlotte.

The state investigation, which came to light in January, cost Hile a shot at the coveted Golden Apple Award, one of the highest honors a Lee County public school teacher can receive. She had been named a finalist in that competition, but her name was withdrawn after the school district informed the Foundation for Lee County Public Schools of the state probe.

The foundation runs the Golden Apple Teacher Recognition Program, which honors six Lee County teachers every year.

Hile was placed on paid suspension in the fall of 2005 while she taught at Charlotte Harbor Center, a school for children with disabilities run by the Charlotte County School District.

The News-Press reported in 2005 that Hile had been given a letter of reprimand in April 1994 when she was accused of using inappropriate language and hitting a student in the face. She also had been given a memo in November 1994 about her classroom environment. The memo said it appeared to be “unsafe.”

The Charlotte school board voted in December 2005 to accept her resignation. Assistant Superintendent Doug Whittaker said the district’s investigation produced more than enough evidence that Hile struck a student. She was accused of hitting a student three times after that child struck an autistic classmate the same number of times.

No criminal charges were filed against Hile in Charlotte County.

Hile then was hired as an exceptional student education liaison at DeSoto Middle School in Arcadia in January 2006. She was fired in March 2006 without cause under a state rule that allows teachers to be fired for any reason, or none, in their first 97 days of employment, DeSoto County schools Superintendent Adrian Cline said. That rule also allows teachers to leave a school district with no notice or reason in their first 97 days.

Monday, May 26, 2008

Teacher lets Morningside students vote out classmate, 5

By Colleen Wixon (Contact)
Saturday, May 24, 2008
TCPalm.com

PORT ST. LUCIE — Melissa Barton said she is considering legal action after her son's kindergarten teacher led his classmates to vote him out of class.

After each classmate was allowed to say what they didn't like about Barton's 5-year-old son,

Alex, his Morningside Elementary teacher Wendy Portillo said they were going to take a vote, Barton said.

By a 14 to 2 margin, the students voted Alex — who is in the process of being diagnosed with autism — out of the class.

Melissa Barton filed a complaint with Morningside's school resource officer, who investigated the matter, Port St. Lucie Department spokeswoman Michelle Steele said. But the state attorney's office concluded the matter did not meet the criteria for emotional child abuse, so no criminal charges will be filed, Steele said.

Port St. Lucie Police no longer are investigating, but police officials are documenting the complaint, she said.

Steele said the teacher confirmed the incident took place.

Portillo could not be reached for comment Friday.

Steele said the boy had been sent to the principal's office because of disciplinary issues. When he returned, Portillo made him go to the front of the room as a form of punishment, she said.

Barton said her son is in the process of being diagnosed with Asperger's syndrome, a type of high-functioning autism. Alex began the testing process in February at the suggestion of Morningside Principal Marcia Cully.

Children diagnosed with Asperger's often exhibit social isolation and eccentric behavior..

Alex has had disciplinary issues because of his disability, Barton said. After the family moved into the area and Alex and his sibling arrived at the school in January, Alex spent much of the time in the principal's office, she said.

He also had problems at his last school, but he did not have issues during his two years of preschool, Barton said.

School and district officials have met with Barton and her son to create an individual education plan to address his difficulties, she said. Portillo attended these meetings, Barton said.

Barton said after the vote, Portillo asked Alex how he felt.

"He said, 'I feel sad,' " Barton said.

Alex left the classroom and spent the rest of the day in the nurse's office, she said.

Barton said when she came to pick up her son at the school Wednesday, he was leaving the nurse's office.

"He was shaken up," she said.

Barton said the nurse told her to talk with Portillo, who told her what happened.

Alex hasn't been back to school since then, and Barton said he won't be returning. He starts screaming when she brings him with her to drop off his sibling at school.

Thursday night, his mother heard him saying "I'm not special" over and over.

Barton said Alex is reliving the incident.

The other students said he was "disgusting" and "annoying," Barton said.

"He was incredibly upset," Barton said. "The only friend he has ever made in his life was forced to do this."

St. Lucie School's spokeswoman Janice Karst said the district is investigating the incident, but could not make any further comment.

Vern Melvin, Department of Children and Families circuit administrator, confirmed the agency is investigating an allegation of abuse at Morningside but said he could not elaborate.

Saturday, May 24, 2008

Teacher's aide charged with bruising 6-year-old student in Virginia

The boy's grandmother said both of his shoulders were "completely black and blue."
May 23, 2008
By Donna Alvis-Banks

A teacher's aide at Falling Branch Elementary School has been charged with a misdemeanor amid allegations he bruised a student.

Jesse Lamont Crutchfield, 34, of Blacksburg was charged with contributing to the delinquency of a minor Tuesday after a May 14 incident. The charge is punishable by a maximum of 12 months in jail and a $2,500 fine.

The 6-year-old kindergartner at the school was in a special education class, where Crutchfield served as a teacher's aide, according to the boy's grandmother and legal custodian, Debra Long.

Long said her grandson has Hirschsprung's disease, an intestinal disorder that causes an inability to control bowel movements. Long said she had informed the school earlier in the year that the boy had special needs regarding bathroom access. Long said she had noticed that her grandson's underpants were stained with dried feces in recent weeks. Long said she received a call about 1 p.m. May 14 from a school nurse who told her that her grandson "might have a little tiny bruise on his arm because one of the teachers had to get him by the arm to get him where he was supposed to go." Long said the boy told her the aide would not allow him to go to the bathroom.

"I did not think a whole lot about it," she said, noting that she did not become concerned until her grandson was getting into his pajamas later that afternoon. When he removed his shirt, she said "both of his shoulders were completely black and blue."

Long said she called the Christiansburg Police Department that evening. Police spokesman Barry O'Rourke could not be reached for comment Thursday.

"The school saw pictures of my grandson. The school board saw the pictures, also," Long said. "I went down to the school this past Monday and he [Crutchfield] was still there." Long said she is furious that the aide was allowed to remain at the school after the incident. She said she was told that he had been assigned to another classroom.

Mark Pasier, human resources director for Montgomery County schools, confirmed Thursday that Crutchfield had submitted his resignation, effective for the next school year. He said the aide, paid $9.70 per hour, had worked for the school system since August 2006.

He would not say if Crutchfield was on paid leave but did say the school was working with authorities on the matter. Pasier said he could not comment further on a personnel matter.

Falling Branch Principal Julie Vanidestine sent a letter home with students Wednesday in reference to "an incident that is a personnel matter." She said in the letter that she could not comment for that reason.

Someone answering phones at the school said Crutchfield was not there Thursday.

Tuesday, May 20, 2008

Oldham County school at odds with parents of autistic boy

May 19, 2008

Charges met by countercharges
By Deborah Yetter
mailto:mdyetter@courier-journal.com

Oldham County school officials say they will seek truancy charges against a Centerfield couple who removed their autistic son from his public elementary school after learning he'd been locked repeatedly in a small "time-out" room.

Jeanie Montgomery, who pulled her 9-year-old son, Matthew, from Crestwood Elementary on March 31, had requested home educational services for him for the rest of the school year, citing his medical and psychological problems, as well as concerns about cuts and scrapes he received at school. She said she has reported those concerns to state child-abuse authorities.

State law allows school districts to provide homebound services for children whose families prove that an illness or disability makes it inadvisable for them to go to school.

But Oldham officials rejected Montgomery's request, and on May 8 they sent her and her husband, Robert, a "final notice" warning that school officials would take them to court if Matthew wasn't returned to school, according to a copy of the letter the family provided The Courier-Journal.

Jeanie Montgomery said she and her husband have no plans to comply.

"I don't think Matthew needs to be in that environment," she said. "I think it's been very damaging to him."

Oldham County school spokeswoman Rebecca DeSensi confirmed that the school system plans to seek charges. She said school officials don't believe Matthew qualifies for home services and said state child-abuse investigators have not reported that he is in any danger if he returns to finish out the school year, which ends June 5.

"That's why we are expecting him to be in school," she said.

Oldham County policy deems a student truant after six unexcused absences. Matthew has accumulated 22 unexcused absences from March 31 through May 7, according to the school system's May 8 final notice to Montgomery.

DeSensi said the school system applies the policy to all children.

"The state says kids must be in school," she said.

But Montgomery said she believes Matthew was mistreated at school, including being placed nearly 80 times in the time-out room last fall, sometimes locked in. On his last day of school, March 28, Montgomery said Matthew came home with injuries including abrasions that Kosair Children's Hospital reported to authorities as possible abuse.

DeSensi said state investigators have not told the school system anything about their investigation -- including whether they have reached any conclusions. State officials have told

The Courier-Journal they can't comment because of confidentiality laws.

DeSensi and Anne Coorssen, general counsel for the Oldham school system, discussed many specifics of Matthew's case in an interview Wednesday, including the decision to deny him home services.

But they said they could provide more information if Matthew's mother would sign a release. Montgomery declined, saying she has lost trust in the school system and isn't willing to sign any documents they produce.

Oldham County Attorney John Fendley, who handles truancy prosecutions, said the case hasn't reached his office. But generally, he said, parents reported to him by the school system are charged with the misdemeanor offense of unlawful transaction with a minor.

The penalty is up to one year in jail and a $500 fine.

"These are not easy cases, believe me," said Fendley, adding that he evaluates each case before deciding how to proceed. "This autism situation is going to be a difficult one."

Matthew is considered severely autistic and has limited speech, but his private therapists who work with him at home say he is intelligent and capable of learning. Matthew had been in a class with other autistic students at Crestwood Elementary but recently had been receiving much of his instruction alone in a separate classroom, according to his mother and therapists.

Position elicits surprise

The school system's intent to seek charges against the parents shocked Terry Brooks, executive director of Kentucky Youth Advocates and a former educator and high school principal.

"That's amazing," he said. "I would hope that the school system would reconsider its position and focus on the best interests of the child."

State law gives local school districts broad discretion on whether to offer home services, said Lisa Gross, a spokeswoman for the state Education Department.

"It's all about what's appropriate for the particular child's need," she said. "It really is a local issue."

In Jefferson County, about 4,200 of the public school system's 98,000 students -- about one out of 23 -- received home educational services this year, according to school officials.

In Oldham, 35 of the system's 12,000 students -- about one out of 340 -- were approved for home services this year, DeSensi said.

To receive home services, state law requires a signed physician's statement that the child's condition "prevents or renders inadvisable attendance at school."

Montgomery said she has provided two such letters from Matthew's pediatricians, the last one asking for more time for an independent psychological examination of the child.

A March 28 letter from Dr. Jeff Wampler, with All Children Pediatrics, cited Matthew's autism and other health issues, including allergies and gastrointestinal problems, as a reason for requesting temporary homebound services. On an application the school requested, Wampler also cited "investigation for abuse at school."

In a follow-up letter to Oldham school officials on May 1, Dr. Jeffrey Burton said he believes Matthew may be suffering from fear and stress over his experiences at school and requested time for a psychologist's evaluation.

"I would encourage you to allow Matthew's parents more time and latitude before you start any type of legal proceeding," Burton wrote.

But Coorssen said the school system does not believe the physicians' letters adequately detailed Matthew's medical problems.

"Those are just blanket statements you can get from anybody," she said.

School defends itself

DeSensi said Oldham school Superintendent Paul S. Upchurch would not comment on the case because he does not talk to reporters. But she said he believes the district has handled
Matthew's case appropriately.

"The superintendent believes that all Oldham County schools are safe," DeSensi said. "We have excellent services for all of our special-needs children."

Montgomery disagrees.

"Everyone's got such a wonderful perception of Oldham County schools," she said. "If you have a special-needs kid, they are not doing their job, as far as I'm concerned."

Montgomery said she met with school officials repeatedly to try to resolve the situation before deciding to remove Matthew. She said she, her lawyer and a therapist met again with school officials for about 10 hours over two days last week in an unsuccessful attempt to agree on an educational plan.

Montgomery said school officials offered to transfer Matthew to another school -- but only if the same special-needs teacher accompanied him. Montgomery said she wouldn't agree to that.

She said school officials also insisted they needed to continue use of a time-out room for misbehavior, which Montgomery and Meghan Launius, a therapist who works with Matthew at home, said is nothing more than an empty, poorly lit closet.

School officials cited Matthew's aggressive behavior -- hitting, scratching or trying to bite staff -- as the reason they need to continue use of the time-out room, said Montgomery and Launius, who also attended the meeting.

"They seem to believe that because his behaviors are getting worse, it's okay to be more punitive," Launius said. "I think he's acting that way because they are acting more punitive."
School records the family obtained showed that Matthew had been placed in the time-out room nearly 80 times last fall.

School officials removed a lock on the room after Montgomery observed a teacher releasing Matthew from there during an unexpected visit to his classroom in November.

Before that, Montgomery said she hadn't realized Matthew was being locked in the small room and thought time-out meant he was being isolated in his classroom.

Coorssen said in April that school officials didn't know who put the lock on the time-out room door, but had ordered it removed and were investigating how it got there. She said Wednesday the investigation is continuing.

Montgomery said her next step is to pursue a formal complaint with the state Education Department, alleging Matthew is being denied appropriate educational services.

Meanwhile, she said she is prepared to defend herself against possible truancy charges.

"I really think they thought I was going to be scared of them, but I'm not," she said. "I know they've made some huge mistakes."

Reporter Deborah Yetter can be reached at (502) 582-4228.

Friday, May 9, 2008

Down But Not Out

Family continues fighting for special-ed students’ rights despite investigations vindicating local schools
By By Erin Frustaci
efrustaci@fortcollinsnow.com

Daniel and Susan Swearingen were hopeful that months of frustration and ongoing discord with Poudre School District would finally end now that two investigation into their complaints that teachers improperly used seclusion and restraint techniques on their son have been completed.

But those investigations didn’t support their allegations.

They view it as just another hurdle to overcome; by now, the Swearingens have become accustomed to disappointment.

The couple submitted two complaints of discrimination on behalf of their 12-year-old son Ryan last spring: One to the federal Department of Education’s Office of Civil Rights (OCR) and another to Colorado’s Department of Regulatory Agencies’ Division of Civil Rights (DORA).

Among the allegations, the Swearingens said teachers at Johnson Elementary School improperly restrained and secluded Ryan, who displays symptoms of autism and was diagnosed this month with Pervasive Developmental Disorder.

OCR completed its investigation in November and concluded that there was not sufficient evidence to support the Swearingens’ claims of discrimination.

The family hoped DORA would report in their favor, but that agency also found no violations in the case. They were informed of the investigation’s result last week. Undaunted, they say they plan to file an appeal to the Colorado Civil Rights Commission. (See the related article, “PSD Vindicated by Oversight Agencies,” by typing the title into the search bar.)

Susan said the family is considering all of their options, which could include legal action.

“We do plan on finding ways to hold the district accountable and if that is through civil action, then that is our plan,” Daniel added.

Laura Richardson, PSD’s director for integrated services, said that DORA’s findings show that there was no wrongdoing on the district’s part.

These results mark the third time the family has failed to get oversight agencies to see things their way. They contacted The Legal Center for People With Disabilities and Older People after writing letters of complaint to state and federal politicians. The Legal Center told them there wasn’t enough evidence to launch an investigation into their claims. But as reported in Fort Collins Now on April 25, the Swearingens’ complaints led the watchdog group to investigate the claims of other families with similar complaints. It found that two PSD elementary schools violated strict rules governing how and when teachers can physically restrain and seclude children.

Among other findings, The Legal Center found that Werner and Linton elementary schools failed to properly document when children were restrained and secluded, and failed to inform their parents when such techniques were used.

Those same complaints are at the heart of the Swearingens’ allegations as well.

***

The family of four moved to Fort Collins from Red Feather Lakes in August of 2003 and Ryan enrolled in Johnson Elementary school. His parents say the first year went pretty well overall, but as time went on things seemed to slide. Because Ryan has special needs, his parents worked with educators to develop what’s called an Individualized Education Program, or IEP. Meetings to discuss Ryan’s educational needs with special education teachers, the principal and other staff members became part of their normal routine. They kept abreast of his progress through the use of a communication notebook which was sent back and forth between the teacher or paraprofessional and the parents.

Susan says the comments in the notebook were often quite positive. However, Ryan was not without his bad days and the number of those bad days began to increase, a circumstance his parents said may have been exacerbated by turnover among the school’s specialized staff.

Soon, Ryan began trying to leave school—a new and worrisome behavior that eventually escalated to more serious incidents, including physical confrontations with teachers.

Susan said the documentation of incidents or outbursts did not always explain why they occurred or how the school handled them. She also said she was not always informed of the incidents. In fact, the Swearingens say they did not have a clear picture of what was really happening between Ryan and his teachers until they requested copies of their son’s file from the school last April. Though it was a long process, they began collecting bits and pieces of documentation on their son through the school and the district.

They were alarmed by what they learned.

“We realized something serious was going on,” Susan said. “You are realizing how much your child was going through. If we had known, at least we could have explained why these things were happening and there could have been a different outcome for him. It was quite disturbing.”

One incident that stood out to the Swearingens occurred on Dec. 8, 2004. According to the Swearingens, Ryan left school and Teresa Matzdorff, the moderate-needs teacher, followed him to where they lived just more than a block from the school and then restrained him in order to get him back to school. Documenting the incident, school staff wrote, “They were coming back—Ryan in a hold and resisting.” That documentation also says the parents were informed of what happened.

But the Swearingens say not only were they never told of this incident, but Ryan’s IEP plan did not include restraint as an option to dealing with his behaviors. They also say they were not informed that that school resource officer was notified and that Ryan was placed on in in-school suspension for a day for leaving school grounds.

Such discrepancies between the school’s accounts of incidences and the Swearingens’ have become a common theme, making it difficult to sort out the truth of many events involving Ryan. Adding to the complication are two very different pictures painted of the same child. Often, the school’s reports—copies of which were obtained by FC Now from the Swearingens, who got them from the school and the district—depict an aggressive, confrontational and belligerent child who kicked his teachers and threatened to bring a knife to school.

His parents, on the other hand, say he is the victim in the situation.

“It’s not just us that sees a different child” from the one depicted in the school’s accounts, Daniel said. He admits that Ryan gets frustrated and yells at times, but nothing more than any other child.

“Any provider or outside person who works with him sees the same child we see,” he said. “What district employees put on paper is that he is an out of control, disruptive behavioral and social problem. We definitely have dueling stories.”

Despite continuing to work with the school to fine-tune Ryan’s educational plan, the breaking point came in March 2007 when Ryan tried to leave the school again. His teacher and a paraprofessional grabbed him by the wrists, apparently afraid he was going to run into oncoming traffic. The school alleges that one of his arms broke free and he punched his teacher in the ribs. They brought Ryan back in and placed him in the time-out room. Ryan was ticketed for assaulting his teacher. After a few trips to court and a competency evaluation, the case was dismissed last June.

Based on past conflicting reports, Ryan’s parents aren’t convinced things happened the way the school described. They are also concerned that at the time of this restraint, not everyone who was involved was properly certified in how to apply the techniques safely.

“It was absolutely horrible,” Susan said of the incident. “He was terrified. ... The experience was unbelievable, to put thing nicely.”

Since then, Ryan has not attended Johnson. He’s now on the homebound program, where a teacher employed by the district comes to the home to work with him individually.

Although the Swearingens put the blame for Ryan’s situation squarely on the school district, the investigating agencies concluded that the school did nothing wrong and in fact took “extra steps” to try and accommodate Ryan.

Richardson, the district’s director for integrated services, agreed that there may be different perceptions at work. Richardson is relatively new to the position and wasn’t working for the district when many of the disputed incidents took place. She joined PSD in January; coming out of retirement after 18 years with the Windsor School District to replace Chris Schott, who retired after serving for three years.

“Coming in new to the district, I was impressed with the professionalism,” she said of the special-ed program. “The focus is always on what’s best for the students. That really impresses me.”

Gail Follett, Ryan’s homebound teacher, said although there were significant problems when Ryan attended Johnson, he hasn’t been a problem in the homebound setting.

“He’s very attentive,” she said. “He wants to learn a lot. He is extremely cooperative and willing. He is a joy to work with and never caused a moment of trouble or stress at all. He’s a teacher’s dream student, at least with me in homebound.”

She also said he is the type of child that really benefits from the one on one setting and given his developmental problems, could have difficulties functioning in a classroom with quite a few kids.

Though his parents are seeing improvement, they are still set on bringing about some kind of change within the school and the district.

“Parents need to be aware that they are not alone,” Susan said. “This is not an isolated incident. It’s widespread.”

That’s exactly what Jennifer Taylor, a mother of four discovered after hearing about the Swearingens’ story. Her 10-year-old daughter, Gracie, was diagnosed with epilepsy. The family moved from Utah when Gracie was in second grade. She attended Zach Core Knowledge school. Taylor said the staff restrained Gracie when she was having complex partial seizures even though she repeatedly told them her doctor said this is the worst thing to do.

Last year, the situation had gotten so bad that Taylor considered moving out of Fort Collins. She said she was watching her daughter deteriorate in front of her eyes. She said she just wanted the district to do the right thing.

“She’s a good kid and doesn’t deserve what’s happened to her,” Taylor said. “I’m not saying she’s 100 percent easy. That’s never been my claim, but I’ve also tried to give them ways to deal with things. All we want is for her to have an opportunity to be educated like every other kid—nothing special.”

Like Ryan, Gracie is on a homebound education program, and her placement will be reevaluated for the next school year. After hearing the stories of other families, Taylor also recently filed a complaint with The Legal Center.

“It’s a system that desperately needs some kind of check and balance in place,” Daniel Swearingen said. “One of the greatest motivators for us is seeing justice is righted for our son and other kids.”

The district defends its staff as highly qualified and constantly working collaboratively with parents in the best interest of the students.

“We all have different perceptions that can get in the way,” Richardson said. “We will continue to work with them in the best interest of their child and hope we can collaborate to have a great education for their child.”

Richardson said one thing that is being considered that could strengthen communication with parents is developing some trainings for parents. She said overall, there are good open lines of communication within the special education program.

Still, the Swearingens maintain that more needs to be done.

“Either we are a couple of crackpots, or we are telling the truth,” Daniel said.


Correction: In the first article in this series published April 25, “When Time-Out Goes Too Far,” FCN incorrectly reported that the investigation by the Office of Civil Rights was ongoing. In fact, it had been completed.

http://www.fortcollinsnow.com

Friday, May 2, 2008

Senate passed a bill to address the growing problem of Restraint and Seclusion in Tennessee Public Schools

State legislators take a something-is-better-than-nothing approach to protecting special education students from seclusion and restraint

by Elizabeth Ulrich
May 1, 2008

Disability advocates who have spent more than a year trying to convince Tennessee legislators about the troubling fact that special education students are being physically restrained, strapped to chairs and locked in janitor closets hit a small landmark last week as the state Senate passed a bill to address a growing problem in classrooms across the state.

Designed to limit the unchecked use of physical restraint and isolation, the bill offers only a few modest regulations. But disability advocates see the mere acknowledgment of the problem as “gargantuan,” considering their struggle to get lawmakers even to accept that teachers are using such methods on the most vulnerable of students.

Nearly 40 families across the state recently weighed in with horrific tales of the use of restraint and isolation in public schools in a survey commissioned by the state Disability Coalition on Education (DCE). Perhaps the most heart-wrenching tale was that of an 11-year-old autistic boy whose Williamson County teacher locked him in a dark janitor’s closet for up to three hours at a time on several occasions. The teacher even held him down in restraints for behavior she described as not “as much autistic as...ornery” (“Physical Education,” Jan. 24).

Teachers never told the boy’s family about the incidents. Once the otherwise happy boy began to dread school, and as his behavior escalated into unusual fits of screaming and acting out, the family knew something was up. Unlike many of his counterparts, the boy was eventually able to articulate what had transpired. Holly Lu Conant Rees, the director of DCE, says such stories, coupled with the well-publicized death of Omega Leach, made the danger of the ungoverned use of restraint impossible to ignore. A Philadelphia boy undergoing treatment at Chad Youth Enhancement Center, a Clarksville facility for troubled kids, Leach mysteriously died on the floor of his dorm room, away from the watchful eye of the facility’s surveillance cams. The state medical examiner ruled his death a homicide by strangulation after Chad counselors restrained and roughed him up.

Interestingly, the new Senate bill passed April 24 does little to protect kids such as Leach, perhaps because lawmakers see the children in these facilities as criminals. The bill, however, does establish guidelines for the use of restraint and isolation with special education students so long as they don’t have a rap sheet. Specifically, it prohibits schools from using chemical restraint via shots of sedatives to control violent behavior, noxious substances such as pepper spray, locked seclusion and prone restraint, a controversial hold method that can lead to asphyxia—none of which has been expressly outlawed by the state for disabled youth in private treatment facilities. It also requires schools, for the first time ever, to keep records of these incidents. But at this point, the bill gets a little hazy.

Though Sen. Diane Black, who sponsored the bill, says she and other members of the Senate Select Committee on Children and Youth were moved by testimony from special education parents, the original fiscal note for the bill, which Conant Rees put at a staggering $50 million, was too large to be viable. So training teachers on the proper use of restraint went out the window—along with many other provisions advocates had hoped for—in the quest to get the fiscal note down to $50,000, where it now remains.

But Black says the bill is a good starting point. “This at least brings consistency and does bring something that everybody is going to be using across the state, and that’s really important,” she says.

But is it enough to protect students? Conant Rees says the legislation does not completely ban the use of mechanical restraint. This is troublesome to the activist, who has seen students strapped to chairs with lap and shoulder belts or placed in stationary chairs as a means of classroom crowd control. Some of these contraptions look like a hybrid between a high-end toddler car seat and an electric chair, and at least one Tennessee family has told Conant Rees that their elementary-age child has spent hours on end in one of these chairs because teachers deemed the student “a runner.”