09:22 AM EDT on Thursday, August 21, 2008
By Katie Mulvaney
Journal Staff Writer
Read the New Shoreham Facility Report: http://www.projo.com/news/2008/pdf/new_shoreham_school_facility_report.pdf
BLOCK ISLAND — An isolation room set up in the basement of the Block Island School for students who needed to “chill out” violated state education regulations and the state fire code, according to a report by independent consultants.
The room violated regulations because its door had two sliding bolts on the outside, and also because staff members were unable to observe a student at all times through the small window in the door, the consultants concluded.
If a time-out room is needed for students in crisis, it should be a smaller, padded room that can be clearly observed, and equipped with a lock that disengages immediately when the person monitoring from the outside takes his or her hand away, the consultants said. The district should also develop clear policies for dealing with students who need crisis intervention, and all staff in the 150-student school should be trained in “de-escalation strategies.”
The School Committee called for the consultants’ review in June after the existence of the room –– referred to by some students as the “freak-out room” –– became public.
The Journal began asking questions about Room 20 after receiving an anonymous letter wondering whether it was being used for “unruly students.” In a DVD accompanying the letter, a camera slowly pans the corridor leading to Room 20 and shows a door with two bolts and a hole where a doorknob should be. The video also shows pillows and blankets in a jumble on the floor, an open utility outlet, chipped paint, and fingerprints smudging the walls. One window is boarded up with plywood.
The locks were removed June 10, the same day the Journal first asked to see the room and was refused.
The consultants said a lever door handle was on the door to Room 20 the day they toured the school later the same month.
The School Committee was briefed on the consultants’ findings at a meeting Monday, after which Chairman William Padien said, “As you stated, Room 20 will now be used for something else.”
Referring to the report as “phase 1,” Padien said the board would continue its investigation into “the matters that led to us having to get this report.” He could not be reached yesterday to elaborate.
Supt. Leslie A. Ryan, who doubles as the special-education director, did not comment on the findings at the meeting.
According to the report, Room 20 was initially set up as a brightly painted space where teachers could work with students individually. It also served periodically as a place for students to go voluntarily to “chill out,” or de-escalate, in a controlled, low-sensory environment, sometimes with staff interacting with them. At some point, its use became “more restrictive” to handle an overly aggressive boy.
“[T]heir intent was to reduce the impact of the student’s behavior on other students and at the same time, prevent other students from watching him when he was having a difficult time,” the report reads. It also said the boy was placed in the room a few times when he became so aggressive that he couldn’t be safely held and staff members were being hurt.
Ryan told the consultants that she called the student’s mother on each occasion that “the room was used in a restrictive manner.”
Another parent told the consultants that her daughter was also sent to the room as a consequence of an “undesired behavior.”
The consultants were Susan Stevenson, director of autism spectrum disorder services with Gateway Healthcare, and Christopher Suchmann, maintenance director at The Groden Center. Their work included conversations with staff and the parents of two children.
The report states that the parents were concerned about the use of restrictive procedures and expressed a desire to be involved in decision making and informed about interventions. State regulations require parental consent before these approaches are used.
Other districts use time-out rooms, but not ones that can be bolted from the outside, Stevenson said yesterday. “You don’t expect, because of fire-safety regulations, to see locks on doors.”
The report says that state regulations differentiate between “seclusion restraint” and “time-out procedures.” Seclusion restraint is confining a student alone in a room without access to school staff. This is prohibited in Rhode Island’s public schools. Time-out is allowable because a staff member remains “accessible to the student.”
The consultants did not indicate whether the use of Room 20 was ever considered “seclusion restraint.”
After The Journal’s story, the state Department of Education asked Block Island officials to report on any student who had been physically restrained. All districts are supposed to detail any time a school uses restraints, and the department had not received such reports from the district.
The district filed a restraint report with the state Aug. 4 in which Ryan detailed one incident that occurred last Nov. 30. In a letter accompanying that report, school lawyer Denise Myers referred to the event as one that “required temporary use of a latch” because a student was “attacking staff and trying to punch through a glass door” and continued to push and kick to get out of the room.
Myers said in the letter that “we are not acknowledging that a physical restraint occurred, as defined by the regulations.”
Elliot Krieger, spokesman for the state Department of Education, said the state did not agree with or dispute Myers’ representations. State education officials plan to visit the school for an on-site investigation this fall, he said.
In addition, state police detectives and Assistant Attorney General Susan Urso, chief of the juvenile division, are conducting their own investigation into the room after visiting the school in June in response to the DVD.
The attorney general’s office is still waiting for the district’s lawyer to get documents to corroborate the school’s official explanations about the room’s use, said Michael J. Healey, spokesman for the attorney general.
“The only thing we’re waiting for is documents to confirm what we heard out there,” Healey said.
Myers did not return two phone calls yesterday afternoon or respond to several questions posed by e-mail.
Healey and state police Maj. Steven G. O’Donnell said they did not think anything criminal had occurred.
kmulvane@projo.com
http://www.projo.com/education/content/ROOM_20_08-21-08_34B9VAH_v23.3e83332.html
Showing posts with label August 2008. Show all posts
Showing posts with label August 2008. Show all posts
Thursday, August 21, 2008
Wednesday, August 20, 2008
Florida - Disturbing update to story about ESE teacher at Venice Elem in the Sarasota Herald Tribune
Printed on page A1
Concern about teacher not new
Complaints of abuse date back to 2005
By Tiffany Lankes
Published: Tuesday, August 12, 2008 at 1:00 a.m.
Staff members at Venice Elementary School say special education teacher Diana O'Neill called her students "retards" and hit them on the head when they answered questions incorrectly.
In 2005, two co-workers said she pulled a child's hand out of his mouth so hard she left a mark on his chin. That same year, another teacher said an aide saw O'Neill hold a child's nose and mouth shut while trying to feed her.
An investigative report released Monday by the school district details instances dating back to 2005 involving O'Neill, who has been charged with four counts of child abuse on her students.
But before this year, concerns about O'Neill never triggered a formal investigation or call to the state abuse hot line, where school employees are legally required to report abuse suspicions. The school's principal, Theresa Baus, warned O'Neill to watch her behavior, and passed complaints about the teacher on to district officials who left it up to Baus to handle.
Some teachers who suspected abuse and reported it to Baus were reprimanded for spreading gossip. And O'Neill stayed in the classroom, responsible for the well-being of a handful of the most vulnerable students in the district.
The teacher was arrested in February, after two classroom aides came forward with a log in which they documented more than a dozen instances when they say O'Neill hit, kicked and slapped students in her class.
Parents say they cannot fathom why action was not taken sooner.
"If a teacher is abusing kids, or is even suspected of abusing kids, you'd think they would report it," said Randi Munsell, whose son is one of the students O'Neill allegedly abused. "Maybe it would never have got to where it got with our kids."
The district's investigation was done by a private investigator hired to look into the most recent allegations against O'Neill and determine whether she can still work for the district.
O'Neill, who has taught special education at Venice elementary for 18 years, has pleaded not guilty to the charges and has been on administrative leave since her arrest.
School district spokesman Gary Leatherman said the district handled complaints about O'Neill appropriately. There was little evidence in the earlier cases to prove O'Neill physically harmed students, and none of the students in her class were injured.
"I don't know that anyone would have seen the previous reports as indicative of a pattern," Leatherman said. "Now, there's going to be a different perspective."
O'Neill's attorneys say that the aides mistook appropriate techniques for abuse.
They also point out that O'Neill is not accused of injuring any of the children. The attorneys say they have talked to former parents and students who speak highly of O'Neill's teaching abilities.
"There were numerous interviews with school employees and nurses who were in the classroom and never saw anything," said Peter Collins, one of O'Neill's attorneys.
According to the private investigator' s report, Baus said that O'Neill's aides may not have come forward sooner with their complaints about the teacher because they were afraid of the union.
"Diana is a senior union representative," Baus told investigators, the report says. "They were probably a little afraid of Diana, afraid of losing their jobs."
Pat Gardner, president of the Sarasota Classified/Teachers Association says she doubts the employees feared the union.
"I don't know why they would think that," Gardner said. "As far as we are concerned, that is ridiculous."
The union was paying O'Neill's defense attorneys after she was arrested. Gardner would not say whether the union continues to pay O'Neill's legal bills.
The first event in the private investigator' s report happened in February 2005, when another special education teacher and an aide told Baus that O'Neill yanked a child's hand out of his mouth so hard that it left a mark on his chin.
Baus told investigators that she contacted John Zoretich, the district's director of elementary schools, who told her to check the student for marks. Baus did not see any, so she warned O'Neill to watch her behavior and started spending more time observing her classroom.
The following school year, two different staff members went to Baus and reported that one of her aides had seen O'Neill forcefully feed a student, holding the child's mouth and nose shut in the process. Another time she made a boy stand behind his chair until he fell down, the staff members reported.
Baus told the investigator that she went and talked to the aide, who said she did not know anything. Baus reprimanded the two staff members for spreading gossip.
The principal fielded another complaint about O'Neill in October 2007 when the school nurse came to her with concerns about two students in O'Neill's class who had bruises and scratch marks on them.
Again, Baus contacted Zoretich and special education coordinator Kathy Devlin.
And again, Baus met with O'Neill and warned her that no one should be hurt in her classroom. O'Neill said some of the marks were caused by a belt she was using to help one of the children stand.
At that time, the principal also talked to O'Neill about whether she was feeling burnt out from the intensity of the job. O'Neill told her she would think about it, the report stated.
"In my mind, if she was rough, it wasn't intentional," Baus told investigators. "Because it didn't continue, I didn't think anything more of it."
After the October situation, the two aides in O'Neill's class started keeping a detailed log of instances when they thought the teacher was too rough with her students.
It was not until January 29, when O'Neill allegedly struck a student in the head, that the aides came forward to a school nurse, who went to Baus about it.
That is when Baus called the abuse hot line and reported O'Neill.
Baus told investigators that she did not question the aides about why they did not come to her sooner, but thought that it was because the abuse was not constant.
"The other thing they told me, as an example, on December 3, she smacked a kid in the head, well that may take three seconds out of a day that is 405 minutes long; the rest of the day may have been great ... and then you may have two or three days when nothing happens at all ...
"So it wasn't like it was a nonstop, constant abuse that was occurring every day," Baus said.
This story appeared in print on page A1
Concern about teacher not new
Complaints of abuse date back to 2005
By Tiffany Lankes
Published: Tuesday, August 12, 2008 at 1:00 a.m.
Staff members at Venice Elementary School say special education teacher Diana O'Neill called her students "retards" and hit them on the head when they answered questions incorrectly.
In 2005, two co-workers said she pulled a child's hand out of his mouth so hard she left a mark on his chin. That same year, another teacher said an aide saw O'Neill hold a child's nose and mouth shut while trying to feed her.
An investigative report released Monday by the school district details instances dating back to 2005 involving O'Neill, who has been charged with four counts of child abuse on her students.
But before this year, concerns about O'Neill never triggered a formal investigation or call to the state abuse hot line, where school employees are legally required to report abuse suspicions. The school's principal, Theresa Baus, warned O'Neill to watch her behavior, and passed complaints about the teacher on to district officials who left it up to Baus to handle.
Some teachers who suspected abuse and reported it to Baus were reprimanded for spreading gossip. And O'Neill stayed in the classroom, responsible for the well-being of a handful of the most vulnerable students in the district.
The teacher was arrested in February, after two classroom aides came forward with a log in which they documented more than a dozen instances when they say O'Neill hit, kicked and slapped students in her class.
Parents say they cannot fathom why action was not taken sooner.
"If a teacher is abusing kids, or is even suspected of abusing kids, you'd think they would report it," said Randi Munsell, whose son is one of the students O'Neill allegedly abused. "Maybe it would never have got to where it got with our kids."
The district's investigation was done by a private investigator hired to look into the most recent allegations against O'Neill and determine whether she can still work for the district.
O'Neill, who has taught special education at Venice elementary for 18 years, has pleaded not guilty to the charges and has been on administrative leave since her arrest.
School district spokesman Gary Leatherman said the district handled complaints about O'Neill appropriately. There was little evidence in the earlier cases to prove O'Neill physically harmed students, and none of the students in her class were injured.
"I don't know that anyone would have seen the previous reports as indicative of a pattern," Leatherman said. "Now, there's going to be a different perspective."
O'Neill's attorneys say that the aides mistook appropriate techniques for abuse.
They also point out that O'Neill is not accused of injuring any of the children. The attorneys say they have talked to former parents and students who speak highly of O'Neill's teaching abilities.
"There were numerous interviews with school employees and nurses who were in the classroom and never saw anything," said Peter Collins, one of O'Neill's attorneys.
According to the private investigator' s report, Baus said that O'Neill's aides may not have come forward sooner with their complaints about the teacher because they were afraid of the union.
"Diana is a senior union representative," Baus told investigators, the report says. "They were probably a little afraid of Diana, afraid of losing their jobs."
Pat Gardner, president of the Sarasota Classified/Teachers Association says she doubts the employees feared the union.
"I don't know why they would think that," Gardner said. "As far as we are concerned, that is ridiculous."
The union was paying O'Neill's defense attorneys after she was arrested. Gardner would not say whether the union continues to pay O'Neill's legal bills.
The first event in the private investigator' s report happened in February 2005, when another special education teacher and an aide told Baus that O'Neill yanked a child's hand out of his mouth so hard that it left a mark on his chin.
Baus told investigators that she contacted John Zoretich, the district's director of elementary schools, who told her to check the student for marks. Baus did not see any, so she warned O'Neill to watch her behavior and started spending more time observing her classroom.
The following school year, two different staff members went to Baus and reported that one of her aides had seen O'Neill forcefully feed a student, holding the child's mouth and nose shut in the process. Another time she made a boy stand behind his chair until he fell down, the staff members reported.
Baus told the investigator that she went and talked to the aide, who said she did not know anything. Baus reprimanded the two staff members for spreading gossip.
The principal fielded another complaint about O'Neill in October 2007 when the school nurse came to her with concerns about two students in O'Neill's class who had bruises and scratch marks on them.
Again, Baus contacted Zoretich and special education coordinator Kathy Devlin.
And again, Baus met with O'Neill and warned her that no one should be hurt in her classroom. O'Neill said some of the marks were caused by a belt she was using to help one of the children stand.
At that time, the principal also talked to O'Neill about whether she was feeling burnt out from the intensity of the job. O'Neill told her she would think about it, the report stated.
"In my mind, if she was rough, it wasn't intentional," Baus told investigators. "Because it didn't continue, I didn't think anything more of it."
After the October situation, the two aides in O'Neill's class started keeping a detailed log of instances when they thought the teacher was too rough with her students.
It was not until January 29, when O'Neill allegedly struck a student in the head, that the aides came forward to a school nurse, who went to Baus about it.
That is when Baus called the abuse hot line and reported O'Neill.
Baus told investigators that she did not question the aides about why they did not come to her sooner, but thought that it was because the abuse was not constant.
"The other thing they told me, as an example, on December 3, she smacked a kid in the head, well that may take three seconds out of a day that is 405 minutes long; the rest of the day may have been great ... and then you may have two or three days when nothing happens at all ...
"So it wasn't like it was a nonstop, constant abuse that was occurring every day," Baus said.
This story appeared in print on page A1
Saturday, August 16, 2008
Former Waco ISD special education teacher charged in sexual assault case involving student
By TIM WOODS
Waco Tribune-Herald
Thursday, August 07, 2008
A 26-year-old former Brazos Middle School special education teacher was arrested Wednesday after Waco police investigators alleged that she was having sex and smoking marijuana with a 14-year-old student from the school.
Tara Allison Hodges, now living in Katy, Texas, surrendered to police Wednesday morning and was charged with sexual assault of a child and improper relationship between educator and student, said Waco police Sgt. Melvin Roseborough.
Both charges are second-degree felonies. Hodges remained in the McLennan County Jail late Wednesday, held in lieu of $300,000 bond, a jail spokeswoman said.
Hodges' arrest warrant affidavit states that she "had sexual contact with (the 14-year-old boy) on at least 10 seperate occasions, and that during several of these encounters Tara Allison Hodges also smoked marijuana with (the boy)."
She was not charged with any drug-related offenses, officials said.
The affidavit says the sexual relationship lasted for about two months and specifically cites one occasion, on June 6, when Hodges picked the boy up in her car and took him to her apartment at Pecan Ridge Apartments, 2736 Lake Shore Drive, to have sex and smoke marijuana.
Hodges also gave the boy money and bought him shoes on at least two occasions, according to the affidavit.
Hodges' relationship with the boy extended until as recently as July 26, the affidavit says.
Waco Independent School District spokesman Dale Caffey said Wednesday he does not know whether the youth was a special education student.
Hodges had just completed her third year working for WISD as a special education inclusion teacher, he said. Inclusion teachers, as Caffey described, work with special education students to incorporate them into mainstream classrooms.
Caffey said Hodges resigned earlier this summer, telling WISD human resources that she had taken a teaching position in Katy. He said WISD officials learned of the police investigation last week.
"From the district's standpoint, when we learned of the investigation, we were shocked, extremely upset," Caffey said.
Caffey said the district does thorough background checks on all teaching hires, but acknowledged that it's not always possible to prevent such incidents, particularly when a job applicant's history gives no indication of threat.
"In this certain circumstance, I think it would have been hard to (foresee Hodges' alleged crimes)," Caffey said. "According to what I could see in her personnel file, this was her first professional teaching assignment."
Hodges' Web page on Facebook.com says she graduated from Texas State University in 2004 and lists her hometown as El Campo, Texas, just southwest of Houston. The page says she moved to Katy on Aug. 1.
Hodges' wrote on her Facebook page that her favorite TV shows included "Cops, I love shows about crime and I like watching prison, gang and drug documentaries for some reason!!!"
A current teacher at Brazos Middle School who asked to remain anonymous because he did not want his name associated with the story, said that he always knew Hodges as "a really nice person," and was surprised by the allegations. The teacher did not want to comment specifically about the charges.
http://www.news-journal.com/news/content/news/stories/2008/08/07/08082008__Teacher_charges.html
Waco Tribune-Herald
Thursday, August 07, 2008
A 26-year-old former Brazos Middle School special education teacher was arrested Wednesday after Waco police investigators alleged that she was having sex and smoking marijuana with a 14-year-old student from the school.
Tara Allison Hodges, now living in Katy, Texas, surrendered to police Wednesday morning and was charged with sexual assault of a child and improper relationship between educator and student, said Waco police Sgt. Melvin Roseborough.
Both charges are second-degree felonies. Hodges remained in the McLennan County Jail late Wednesday, held in lieu of $300,000 bond, a jail spokeswoman said.
Hodges' arrest warrant affidavit states that she "had sexual contact with (the 14-year-old boy) on at least 10 seperate occasions, and that during several of these encounters Tara Allison Hodges also smoked marijuana with (the boy)."
She was not charged with any drug-related offenses, officials said.
The affidavit says the sexual relationship lasted for about two months and specifically cites one occasion, on June 6, when Hodges picked the boy up in her car and took him to her apartment at Pecan Ridge Apartments, 2736 Lake Shore Drive, to have sex and smoke marijuana.
Hodges also gave the boy money and bought him shoes on at least two occasions, according to the affidavit.
Hodges' relationship with the boy extended until as recently as July 26, the affidavit says.
Waco Independent School District spokesman Dale Caffey said Wednesday he does not know whether the youth was a special education student.
Hodges had just completed her third year working for WISD as a special education inclusion teacher, he said. Inclusion teachers, as Caffey described, work with special education students to incorporate them into mainstream classrooms.
Caffey said Hodges resigned earlier this summer, telling WISD human resources that she had taken a teaching position in Katy. He said WISD officials learned of the police investigation last week.
"From the district's standpoint, when we learned of the investigation, we were shocked, extremely upset," Caffey said.
Caffey said the district does thorough background checks on all teaching hires, but acknowledged that it's not always possible to prevent such incidents, particularly when a job applicant's history gives no indication of threat.
"In this certain circumstance, I think it would have been hard to (foresee Hodges' alleged crimes)," Caffey said. "According to what I could see in her personnel file, this was her first professional teaching assignment."
Hodges' Web page on Facebook.com says she graduated from Texas State University in 2004 and lists her hometown as El Campo, Texas, just southwest of Houston. The page says she moved to Katy on Aug. 1.
Hodges' wrote on her Facebook page that her favorite TV shows included "Cops, I love shows about crime and I like watching prison, gang and drug documentaries for some reason!!!"
A current teacher at Brazos Middle School who asked to remain anonymous because he did not want his name associated with the story, said that he always knew Hodges as "a really nice person," and was surprised by the allegations. The teacher did not want to comment specifically about the charges.
http://www.news-journal.com/news/content/news/stories/2008/08/07/08082008__Teacher_charges.html
Monday, August 11, 2008
Fired Teacher Might Be Reinstated
Jane Sesser was let go for 'stomping' on a student's foot
By Mackenzie Ryan • Statesman Journal
August 10, 2008
The Willamette Education Service District was ordered recently to reinstate a special-education teacher who was fired after she allegedly "stomped on the foot" and used other unnecessary force with an autistic 10-year-old who could not talk.
In a split vote, the state Employment Relations Board decided in July that Jane Sesser should be reinstated as a Life Skills Program teacher in Yamhill County. The program serves about 90 students with cognitive, physical and emotional disabilities.
The district board may consider appealing the order, attorney Mark Comstock said. The board will meet at 7 a.m. Tuesday in executive session to hear legal advice.
"What the Willamette Education Service District was faced with was concern by staff members on site that there was abuse of a child going on," Comstock said. "(They) took action as they were supposed to do."
The teachers' union argued that Sesser was not adequately trained and that firing her was not proportionate, attorney Monica Smith said.
"This was a brand new teacher who was in a classroom for about six weeks, who faced the challenges that many special education teachers face" Smith said. "…It's a very tricky aspect of the job, to learn what's the right physical contact."
Unfounded dismissal
The Employment Relations Board orders the district to reinstate Sesser, repay her for wages she would have earned and delete information about her dismissal from her personnel file.
The order said Sesser's firing was not based on evidence found during an investigation, and there was no indication that she injured and traumatized the child.
However, there were indications Sesser had "serious difficulties" with her assignment, the order said.
While the autistic child could not tell someone if Sesser hurt him, the ruling said the district could have questioned employees or the child's parents about if he suffered emotional or physical injuries.
A district investigation had concluded that Sesser used unreasonable physical force.
Dave Novotney, deputy superintendent for the district, declined to comment, saying it was an ongoing personnel matter.
Incident investigated
According to the 34-page Employment Relations Board document, Sesser was working with an autistic child that tried to hit, kick and scratch her Oct. 3, 2005.
Sesser said she thought the fourth-grader might injure a medically fragile student in her classroom at the time. To calm him, Sesser put his hands between hers and told him: "quiet hands."
As he raised his foot to kick her, Sesser said she put her foot on top of his. She had not seen that technique used before, but thought it was similar to the one used with the child's hands.
A colleague saw the incident and it was relayed to a supervisor. Sesser was subsequently placed on paid administrative leave pending an investigation into allegations of child abuse.
A Yamhill County Sheriff's Office investigation said a colleague saw Sesser "stomp" on the child's foot and "push" him to the seat.
Sesser also was seen on an outing holding the child's hands on a cart "so tightly that I could see her fingers turning white."
In December 2005, Sesser was charged with harassment, a misdemeanor.
Criminal charges were dismissed two years later. Her actions also were not sufficient to warrant losing her teaching certificate.
maryan@StatesmanJournal.com or (503) 399-6750
By Mackenzie Ryan • Statesman Journal
August 10, 2008
The Willamette Education Service District was ordered recently to reinstate a special-education teacher who was fired after she allegedly "stomped on the foot" and used other unnecessary force with an autistic 10-year-old who could not talk.
In a split vote, the state Employment Relations Board decided in July that Jane Sesser should be reinstated as a Life Skills Program teacher in Yamhill County. The program serves about 90 students with cognitive, physical and emotional disabilities.
The district board may consider appealing the order, attorney Mark Comstock said. The board will meet at 7 a.m. Tuesday in executive session to hear legal advice.
"What the Willamette Education Service District was faced with was concern by staff members on site that there was abuse of a child going on," Comstock said. "(They) took action as they were supposed to do."
The teachers' union argued that Sesser was not adequately trained and that firing her was not proportionate, attorney Monica Smith said.
"This was a brand new teacher who was in a classroom for about six weeks, who faced the challenges that many special education teachers face" Smith said. "…It's a very tricky aspect of the job, to learn what's the right physical contact."
Unfounded dismissal
The Employment Relations Board orders the district to reinstate Sesser, repay her for wages she would have earned and delete information about her dismissal from her personnel file.
The order said Sesser's firing was not based on evidence found during an investigation, and there was no indication that she injured and traumatized the child.
However, there were indications Sesser had "serious difficulties" with her assignment, the order said.
While the autistic child could not tell someone if Sesser hurt him, the ruling said the district could have questioned employees or the child's parents about if he suffered emotional or physical injuries.
A district investigation had concluded that Sesser used unreasonable physical force.
Dave Novotney, deputy superintendent for the district, declined to comment, saying it was an ongoing personnel matter.
Incident investigated
According to the 34-page Employment Relations Board document, Sesser was working with an autistic child that tried to hit, kick and scratch her Oct. 3, 2005.
Sesser said she thought the fourth-grader might injure a medically fragile student in her classroom at the time. To calm him, Sesser put his hands between hers and told him: "quiet hands."
As he raised his foot to kick her, Sesser said she put her foot on top of his. She had not seen that technique used before, but thought it was similar to the one used with the child's hands.
A colleague saw the incident and it was relayed to a supervisor. Sesser was subsequently placed on paid administrative leave pending an investigation into allegations of child abuse.
A Yamhill County Sheriff's Office investigation said a colleague saw Sesser "stomp" on the child's foot and "push" him to the seat.
Sesser also was seen on an outing holding the child's hands on a cart "so tightly that I could see her fingers turning white."
In December 2005, Sesser was charged with harassment, a misdemeanor.
Criminal charges were dismissed two years later. Her actions also were not sufficient to warrant losing her teaching certificate.
maryan@StatesmanJournal.com or (503) 399-6750
Monday, August 4, 2008
It’s a question of restraint for teachers of autistic kids
Parents, others upset by use of excess force
By Barbara O’Brien NEWS STAFF REPORTER
Updated: 08/03/08 10:15 AM
Robert Kirkham/Buffalo News
Tim Miller, in a speech to his ninth grade classmates, said: “Here we are with hope in our hearts, we have made it through the good and bad times.”
ALLEGANY — Tim Miller has a lot of “what ifs” running through his head.
What if he had never been held facedown by teachers when he was in sixth grade?
What if he had had more friends? What if he had never had autism?
As the number of autistic kids in schools grows, there are signs that teachers and administrators are having difficulty controlling them and addressing their special needs.
That can lead to conflict, and in some cases, to federal court. That’s where Carole and John Miller turned after not getting satisfaction through the state’s special education hearing process.
Their son Tim, a student at Allegany- Limestone Central High School, remembers being restrained facedown when he was 12. There is evidence he was restrained more than 10 times over a four-month period in 2005.
“I thought maybe they were taking his wrist. I didn’t like the idea, but I figured, they know better, they’re the instructors, the teachers,” Carole Miller said. “I asked him what happened when he got home from school, and he would always just say, ‘They’re trying to kill me.’ I thought he was overreacting.”
Dealing with troublesome children leaves some teachers with their own questions:
How much physical force can be used in restraining an unruly child?
How much time and attention should be given to the special-needs child without neglecting others?
Are there better ways to control a frustrated child who has special needs?
Brenda Shepard, a parent advocate who learned to navigate the system while helping her own autistic son, said if children aren’t given the services they need, they can become behavior problems.
“Ninety-nine percent of the mistakes made with my autistic son was [that] the people working with my son were so unfamiliar with the disability and they would trigger an outburst,” she said.
In Tim Miller’s case, it’s important to get a federal court ruling, his parents say, because last September a staff member threw him to the ground three times when he tried to go into the principal’s office.
Allegany-Limestone school officials would not comment for this story.
“We take the privacy of our children very seriously,” said Superintendent Diane Munro. “In the interest of a child’s privacy rights, and in line with the fact this is a matter that is in litigation, I am unable to contribute.”
Tim, 15, is one of about 40 children in Cattaraugus County classified as autistic. The number has been increasing in recent years not just in Western New York but across the country.
In Erie County, the number of children with autism jumped 63 percent between 2003 and 2006. In New York State, the number went up 46 percent over the same time.
John Miller, a podiatrist, and Carole Miller, a pharmacist with multiple sclerosis, were angry when they learned their son had been held down, sometimes with one teacher lying ov er his back while another held his legs. They were outraged when they learned that children in institutional settings around the country have died from asphyxiation after being restrained in similar ways.
“I never dreamed, never dreamed, never in my wildest dream — nightmare — could I think that they could do that to him,” said John Miller. “To this day, we do not know how many times he was restrained during that period of time.”
The teachers’ logs he obtained tell a story of a disruptive 12-year-old and adults’ efforts to control him. His parents don’t dispute that Tim sometimes can be disruptive and difficult, but they say there are techniques that will prevent meltdowns. Other actions — like touching him and holding him down — often trigger them.
The issue of restraints is a touchy one, particularly for schools that must protect the student, sometimes from himself, as well as from other children and staff members.
“When it comes to restraining, the teachers are between a rock and a hard place,” said Philip Rumore, president of the Buffalo Teachers Federation.
Buffalo teachers deal with 9,400 students with disabilities, or about 19 percent of the student population.
“We’ve always advised teachers if you don’t have to, don’t — only if its an emergency. It’s just too easy for a child to get hurt,” Rumore said.
Great strides have been made in recent years in identifying children with autism, which helps them to get treatment earlier, said Lynda Quick, assistant superintendent of Cattaraugus-Allegany BOCES.
“How to treat these children is more understood now,” she said, adding that restraints are a last resort. “But they are indeed sometimes necessary for professionals trained in how to do proper restraints.”
Margaret Jones-Carey, associate superintendent for Erie 1 BOCES, said training on how to administer restraints includes preventive measures and techniques on defusing a situation before the restraint becomes necessary to protect the student, other children, staff or property.
But there are better ways to deal with people, said Veronica Federiconi, executive director of Autistic Services.
“The use of restraints doesn’t really teach people anything, except to be afraid or to run away from people who practice it,” she said. “It doesn’t teach them the correct way of dealing with life.”
Still, restraints are allowed under New York State law.
“Restraints are an emergency practice,” said Patricia Geary, coordinator of special-education policy for the state Education Department. “They should never be a routine.”
Tim has Asperger’s syndrome, which is a form of autism. It’s marked by the same social challenges as autism — such as difficulty in reading body language — without the language or cognitive delays.
Ninth grade agreed with Tim for the most part. He was mainstreamed into regular classrooms and passed all his classes in June. He even spoke at an assembly held to motivate students to be more compassionate in dealing with others.
He apologized for getting agitated in front of his fellow students and invited them to a party at his house.
“It doesn’t matter if someone is popular or not, or being the smartest student in class, or is amazing at sports or electronics, but the only thing that does matter is to try hard and be nice,” he told his classmates.
While he hopes his arrival in heaven is many years away, he’s looking forward to it because his mother and others have told him all things are possible in heaven.
“I would definitely have a lot more friends,” Tim said. “I don’t know if it’s possible, I don’t know if it’s like this forever if you’re in heaven, but, you know what would be an amazing, incredible what if? What if I never had autism?”
bobrien@buffnews.com
By Barbara O’Brien NEWS STAFF REPORTER
Updated: 08/03/08 10:15 AM
Robert Kirkham/Buffalo News
Tim Miller, in a speech to his ninth grade classmates, said: “Here we are with hope in our hearts, we have made it through the good and bad times.”
ALLEGANY — Tim Miller has a lot of “what ifs” running through his head.
What if he had never been held facedown by teachers when he was in sixth grade?
What if he had had more friends? What if he had never had autism?
As the number of autistic kids in schools grows, there are signs that teachers and administrators are having difficulty controlling them and addressing their special needs.
That can lead to conflict, and in some cases, to federal court. That’s where Carole and John Miller turned after not getting satisfaction through the state’s special education hearing process.
Their son Tim, a student at Allegany- Limestone Central High School, remembers being restrained facedown when he was 12. There is evidence he was restrained more than 10 times over a four-month period in 2005.
“I thought maybe they were taking his wrist. I didn’t like the idea, but I figured, they know better, they’re the instructors, the teachers,” Carole Miller said. “I asked him what happened when he got home from school, and he would always just say, ‘They’re trying to kill me.’ I thought he was overreacting.”
Dealing with troublesome children leaves some teachers with their own questions:
How much physical force can be used in restraining an unruly child?
How much time and attention should be given to the special-needs child without neglecting others?
Are there better ways to control a frustrated child who has special needs?
Brenda Shepard, a parent advocate who learned to navigate the system while helping her own autistic son, said if children aren’t given the services they need, they can become behavior problems.
“Ninety-nine percent of the mistakes made with my autistic son was [that] the people working with my son were so unfamiliar with the disability and they would trigger an outburst,” she said.
In Tim Miller’s case, it’s important to get a federal court ruling, his parents say, because last September a staff member threw him to the ground three times when he tried to go into the principal’s office.
Allegany-Limestone school officials would not comment for this story.
“We take the privacy of our children very seriously,” said Superintendent Diane Munro. “In the interest of a child’s privacy rights, and in line with the fact this is a matter that is in litigation, I am unable to contribute.”
Tim, 15, is one of about 40 children in Cattaraugus County classified as autistic. The number has been increasing in recent years not just in Western New York but across the country.
In Erie County, the number of children with autism jumped 63 percent between 2003 and 2006. In New York State, the number went up 46 percent over the same time.
John Miller, a podiatrist, and Carole Miller, a pharmacist with multiple sclerosis, were angry when they learned their son had been held down, sometimes with one teacher lying ov er his back while another held his legs. They were outraged when they learned that children in institutional settings around the country have died from asphyxiation after being restrained in similar ways.
“I never dreamed, never dreamed, never in my wildest dream — nightmare — could I think that they could do that to him,” said John Miller. “To this day, we do not know how many times he was restrained during that period of time.”
The teachers’ logs he obtained tell a story of a disruptive 12-year-old and adults’ efforts to control him. His parents don’t dispute that Tim sometimes can be disruptive and difficult, but they say there are techniques that will prevent meltdowns. Other actions — like touching him and holding him down — often trigger them.
The issue of restraints is a touchy one, particularly for schools that must protect the student, sometimes from himself, as well as from other children and staff members.
“When it comes to restraining, the teachers are between a rock and a hard place,” said Philip Rumore, president of the Buffalo Teachers Federation.
Buffalo teachers deal with 9,400 students with disabilities, or about 19 percent of the student population.
“We’ve always advised teachers if you don’t have to, don’t — only if its an emergency. It’s just too easy for a child to get hurt,” Rumore said.
Great strides have been made in recent years in identifying children with autism, which helps them to get treatment earlier, said Lynda Quick, assistant superintendent of Cattaraugus-Allegany BOCES.
“How to treat these children is more understood now,” she said, adding that restraints are a last resort. “But they are indeed sometimes necessary for professionals trained in how to do proper restraints.”
Margaret Jones-Carey, associate superintendent for Erie 1 BOCES, said training on how to administer restraints includes preventive measures and techniques on defusing a situation before the restraint becomes necessary to protect the student, other children, staff or property.
But there are better ways to deal with people, said Veronica Federiconi, executive director of Autistic Services.
“The use of restraints doesn’t really teach people anything, except to be afraid or to run away from people who practice it,” she said. “It doesn’t teach them the correct way of dealing with life.”
Still, restraints are allowed under New York State law.
“Restraints are an emergency practice,” said Patricia Geary, coordinator of special-education policy for the state Education Department. “They should never be a routine.”
Tim has Asperger’s syndrome, which is a form of autism. It’s marked by the same social challenges as autism — such as difficulty in reading body language — without the language or cognitive delays.
Ninth grade agreed with Tim for the most part. He was mainstreamed into regular classrooms and passed all his classes in June. He even spoke at an assembly held to motivate students to be more compassionate in dealing with others.
He apologized for getting agitated in front of his fellow students and invited them to a party at his house.
“It doesn’t matter if someone is popular or not, or being the smartest student in class, or is amazing at sports or electronics, but the only thing that does matter is to try hard and be nice,” he told his classmates.
While he hopes his arrival in heaven is many years away, he’s looking forward to it because his mother and others have told him all things are possible in heaven.
“I would definitely have a lot more friends,” Tim said. “I don’t know if it’s possible, I don’t know if it’s like this forever if you’re in heaven, but, you know what would be an amazing, incredible what if? What if I never had autism?”
bobrien@buffnews.com
Subscribe to:
Posts (Atom)