By Charles Keeshan (Chicago) Daily Herald Staff Writer
Published: 7/15/2008 4:08 PM Updated: 7/15/2008 5:43 PM
A substitute teacher who taped a pair of rambunctious 8-year-old special education students to their seats was spared forced confinement himself Tuesday when a judge sentenced him to probation instead of prison on a pair of felony convictions.
Matthew Konetski, 32, of South Beloit, Ill., must serve two years probation, pay a $1,500 fine and perform 80 hours public service under the sentence handed down by a McHenry County judge.
The sentence comes about six weeks after a jury found Konetski guilty of aggravated battery and unlawful restraint for a March 2006 incident in which he taped one of his students at Harvard's Jefferson Elementary School to his seat, then put tape over the boy's mouth when the boy would not sit still.
The taping, according to trial testimony, lasted between two and five minutes.
Authorities initially charged Konetski with doing the same to a second student, but prosecutors opted not to go to trial on those allegations.
The mother of the boy whose case did go to trial said she is satisfied with the sentence.
"I never wanted to put him in jail," she said. "I just wanted him held accountable."
In a letter to the court, the mother said her son, who's been diagnosed with Pervasive Developmental Disorder, began acting out after the incident. At one point, she writes, the boy was hospitalized for more than 30 days.
"(He), 26 months later, still wakes up screaming 'Let me go!,' " the letter states.
During his trial, Konetski testified that he taped the boys as a last resort when they would not stop getting up in class. Although he was a first-year substitute with no special education training, Konetski was left alone with the special education students without two aides normally assigned to the class.
He apologized Tuesday for his actions, saying he never intended to harm or scare the boys.
"I was just trying to come up with a way to deal with a situation I didn't know how to deal with," he said.
County prosecutors had asked for a jail sentence along with the probation term, saying a stiff sentence would send a message to the public.
"(The victim) experienced being confined in his chair that day by this defendant," Assistant McHenry County State's Attorney Sharyl Eisenstein said. "We feel that he, in turn, should be confined in the McHenry County jail."
Konetski will not have to register as a sex offender because, Judge Sharon Prather ruled, there is no evidence his actions were sexually motivated.
Showing posts with label July 2008. Restraint. Show all posts
Showing posts with label July 2008. Restraint. Show all posts
Sunday, July 20, 2008
Wednesday, July 16, 2008
St. Lucie School District sued by another mother claiming abuse
Reported by: Eric English
Email: eenglish@wptv.com
Photographer: Eric English
Last Update: 7:19 pm
July 16, 2008
PORT ST. LUCIE, FL-- You will probably remembe the case of Alex Barton. His mother claims he was ‘voted out of his classroom’ by his classmates several months ago. Now another parent in St Lucie county is suing the school district claiming her son was also abused.
“I almost passed out when he went like that because I couldn't breath.”
Isaiah Moore recounts an April 2007 incident he and his mother say they will never forget.
Video supplied to Isaiah's mother by the school district shows the then second grader, who is in the autistic spectrum, being escorted down a hallway to a conference room by a behavior specialist.
His mother says what's not on the video is the abuse that happened next.
Anna Moore says, “He was dragging him down the hallway into a little room. The little room they went into is where my son says he started restraining him again...and my son suffered a busted lip, cervical strain, busted lip.”
The video cuts, but later shows the boy along with additional staff walking back through the halls. Isaiah seems to be favoring his back.
Photos taken later that day show the scrapes and bruises and cuts Isaiah suffered.
Anna says “There are verified findings that there was physical abuse, bizarre punishment and maltreatment to my child...yet I can't get anyone to press charges and this man is probably still working with children.”
Now in private school, his mom says Isaiah is getting the compassion in education she says he needs and wants her lawsuit to help set standards for dealing with exceptional children in a school district that has seen been called to question for the way it treats autistic children.
“I am coming forward because there are no laws to protect our children. I thought this was clear cut abuse, and something is going to happen...nothing has happened. Nothing has happened.”
The school district would not comment on the pending litigation.
Email: eenglish@wptv.com
Photographer: Eric English
Last Update: 7:19 pm
July 16, 2008
PORT ST. LUCIE, FL-- You will probably remembe the case of Alex Barton. His mother claims he was ‘voted out of his classroom’ by his classmates several months ago. Now another parent in St Lucie county is suing the school district claiming her son was also abused.
“I almost passed out when he went like that because I couldn't breath.”
Isaiah Moore recounts an April 2007 incident he and his mother say they will never forget.
Video supplied to Isaiah's mother by the school district shows the then second grader, who is in the autistic spectrum, being escorted down a hallway to a conference room by a behavior specialist.
His mother says what's not on the video is the abuse that happened next.
Anna Moore says, “He was dragging him down the hallway into a little room. The little room they went into is where my son says he started restraining him again...and my son suffered a busted lip, cervical strain, busted lip.”
The video cuts, but later shows the boy along with additional staff walking back through the halls. Isaiah seems to be favoring his back.
Photos taken later that day show the scrapes and bruises and cuts Isaiah suffered.
Anna says “There are verified findings that there was physical abuse, bizarre punishment and maltreatment to my child...yet I can't get anyone to press charges and this man is probably still working with children.”
Now in private school, his mom says Isaiah is getting the compassion in education she says he needs and wants her lawsuit to help set standards for dealing with exceptional children in a school district that has seen been called to question for the way it treats autistic children.
“I am coming forward because there are no laws to protect our children. I thought this was clear cut abuse, and something is going to happen...nothing has happened. Nothing has happened.”
The school district would not comment on the pending litigation.
Tuesday, July 1, 2008
State weighs limits on school 'timeouts,' restraints
DesMoinesRegister.com
By STACI HUPPshupp@dmreg.com
June 30, 2008
Iowa has joined a nationwide push to curb the use of physical force and "timeout" rooms in schools to discipline the most unruly students.
A proposal before the state Board of Education would limit how and when teachers can lock up children and would ban risky methods of restraint, including chokeholds.
Teachers also would be trained to use "positive" alternatives, such as talking through disputes with children.
"Teachers struggle with what's appropriate," said Judy Jeffrey, director of the Iowa Department of Education. "This really provides additional guidance."
State law allows school officials to hold down and confine children who are a threat to themselves or others, just as group homes do. But critics say educators overdo it sometimes.
In 2006, a Waukee couple complained that their 8-year-old daughter was alone in timeout for more than three hours because she refused to finish a reading assignment. Waukee school officials have said they did nothing wrong, but an administrative law judge disagreed. The district's discipline policy has not changed.
"The problem that some of my colleagues have noted is an educationally inappropriate use of seclusion and restraint - 'You were disrespectful; go into the timeout room,' versus 'You were disrespectful; how can we help you be more respectful?' " said Thomas Mayes, an attorney for the education department.
Dave Wilkerson, Waukee's superintendent of schools, said he's open to input from state officials but questions that such a specific policy will work. "To try to put a policy in place that's going to fit every situation, I think, is going to be impossible," he said.
Other states have reviewed timeout in the face of lawsuits against school districts, researchers say.At the same time, studies have shown teachers confine students for the wrong reasons.
A James Madison University survey of teachers at one Minnesota school found that teachers were more likely to lock up children for minor misbehavior.
"Without any guidance and policies, they make very poor choices, and kids suffer the consequences of it," said Joseph Ryan, a Clemson University professor who worked on the 2004 survey.
How often teachers lock up students in Iowa is difficult to track because the state lacks a clear reporting system. That would change under the state proposal, which calls on educators to keep records of every incident.
The proposal would be part of Iowa's corporal punishment law, which has been in place since 1991. The law covers public and private schools and area education agencies.The state proposal also says educators:
- Can't hold a child face down or otherwise use force that hampers a child's ability to breathe.
- Must provide "continuous" supervision of children in timeout rooms.
- Must get permission from an administrator to confine a child for longer than an hour.
- Can't lock up or restrain children for "minor infractions."
- Can lock the door of a timeout room only if they hold the lock in position, or the lock automatically releases when school alarms go off or power is cut off.
- Must use timeout rooms that are safe and suitable for children of varying sizes, ages and conditions.
"It's kind of frightening, frankly, to see that you have to be this specific," said Susan Myers, a mother who heads the Access for Special Kids Family Resource Center, a nonprofit advocacy group.
"I don't believe that teachers or building administrators set out to be unkind or cruel or harmful to children. In the rare occasion that that happens, it happens really because of ignorance as to what to do. This should help alleviate any instance of that."
Iowans can weigh in on the state proposal at a public hearing July 8. Members of the state education board are expected to vote on it this fall.
A spokeswoman at the state's largest teachers union said she wasn't familiar enough with the proposal to comment about it.
Doug and Eva Loeffler, the parents who complained about the Waukee school district timeout policy, could not be reached for comment last week.
By STACI HUPPshupp@dmreg.com
June 30, 2008
Iowa has joined a nationwide push to curb the use of physical force and "timeout" rooms in schools to discipline the most unruly students.
A proposal before the state Board of Education would limit how and when teachers can lock up children and would ban risky methods of restraint, including chokeholds.
Teachers also would be trained to use "positive" alternatives, such as talking through disputes with children.
"Teachers struggle with what's appropriate," said Judy Jeffrey, director of the Iowa Department of Education. "This really provides additional guidance."
State law allows school officials to hold down and confine children who are a threat to themselves or others, just as group homes do. But critics say educators overdo it sometimes.
In 2006, a Waukee couple complained that their 8-year-old daughter was alone in timeout for more than three hours because she refused to finish a reading assignment. Waukee school officials have said they did nothing wrong, but an administrative law judge disagreed. The district's discipline policy has not changed.
"The problem that some of my colleagues have noted is an educationally inappropriate use of seclusion and restraint - 'You were disrespectful; go into the timeout room,' versus 'You were disrespectful; how can we help you be more respectful?' " said Thomas Mayes, an attorney for the education department.
Dave Wilkerson, Waukee's superintendent of schools, said he's open to input from state officials but questions that such a specific policy will work. "To try to put a policy in place that's going to fit every situation, I think, is going to be impossible," he said.
Other states have reviewed timeout in the face of lawsuits against school districts, researchers say.At the same time, studies have shown teachers confine students for the wrong reasons.
A James Madison University survey of teachers at one Minnesota school found that teachers were more likely to lock up children for minor misbehavior.
"Without any guidance and policies, they make very poor choices, and kids suffer the consequences of it," said Joseph Ryan, a Clemson University professor who worked on the 2004 survey.
How often teachers lock up students in Iowa is difficult to track because the state lacks a clear reporting system. That would change under the state proposal, which calls on educators to keep records of every incident.
The proposal would be part of Iowa's corporal punishment law, which has been in place since 1991. The law covers public and private schools and area education agencies.The state proposal also says educators:
- Can't hold a child face down or otherwise use force that hampers a child's ability to breathe.
- Must provide "continuous" supervision of children in timeout rooms.
- Must get permission from an administrator to confine a child for longer than an hour.
- Can't lock up or restrain children for "minor infractions."
- Can lock the door of a timeout room only if they hold the lock in position, or the lock automatically releases when school alarms go off or power is cut off.
- Must use timeout rooms that are safe and suitable for children of varying sizes, ages and conditions.
"It's kind of frightening, frankly, to see that you have to be this specific," said Susan Myers, a mother who heads the Access for Special Kids Family Resource Center, a nonprofit advocacy group.
"I don't believe that teachers or building administrators set out to be unkind or cruel or harmful to children. In the rare occasion that that happens, it happens really because of ignorance as to what to do. This should help alleviate any instance of that."
Iowans can weigh in on the state proposal at a public hearing July 8. Members of the state education board are expected to vote on it this fall.
A spokeswoman at the state's largest teachers union said she wasn't familiar enough with the proposal to comment about it.
Doug and Eva Loeffler, the parents who complained about the Waukee school district timeout policy, could not be reached for comment last week.
Thursday, June 5, 2008
Oregon teacher placed on paid leave after taping student to chair
Wednesday, June 4, 2008 3:49 PM PDT
By The Associated Press
OAKRIDGE, Ore. — A teacher in the Oakridge School District has been placed on paid administrative leave after allegedly taping a student to a chair because he wouldn't sit down.
Superintendent Don Kordosky declined to identify the teacher Tuesday, but confirmed she was removed from her Oakridge Elementary School classroom last week after the mother of a 9-year-old boy reported the May 28 incident.
The boy's mother, Becky Faile, does not have a listed phone number and could not be reached for comment Tuesday night. In interviews with local television stations, she said the teacher taped her son from his knees to his chest after he refused requests to sit down.
Faile said her son's poor behavior was not a strong enough reason for him to be humiliated in front of his peers. Faile said she has contacted a lawyer.
Under Oregon law, "a teacher may use reasonable physical force upon a student when and to the extent the teacher reasonably believes it is necessary to maintain order in the school or classroom."
It's unclear if masking tape is considered reasonable.
On the advice of her Oregon Education Association legal counsel, the Oakridge teacher is not commenting on the incident until district officials have provided her with the results of their investigation, said Dan Fisher, president of the Oakridge Teachers Association.
"It's a shame that the process has worked this way with the media coverage, because it's been almost a guilty until proven innocent thing," he said. "Even if she is totally cleared, she may never get her good name back."
http://www.tdn.com/articles/2008/06/04/breaking_news/doc4846bfd72a0ea265914603.txt
By The Associated Press
OAKRIDGE, Ore. — A teacher in the Oakridge School District has been placed on paid administrative leave after allegedly taping a student to a chair because he wouldn't sit down.
Superintendent Don Kordosky declined to identify the teacher Tuesday, but confirmed she was removed from her Oakridge Elementary School classroom last week after the mother of a 9-year-old boy reported the May 28 incident.
The boy's mother, Becky Faile, does not have a listed phone number and could not be reached for comment Tuesday night. In interviews with local television stations, she said the teacher taped her son from his knees to his chest after he refused requests to sit down.
Faile said her son's poor behavior was not a strong enough reason for him to be humiliated in front of his peers. Faile said she has contacted a lawyer.
Under Oregon law, "a teacher may use reasonable physical force upon a student when and to the extent the teacher reasonably believes it is necessary to maintain order in the school or classroom."
It's unclear if masking tape is considered reasonable.
On the advice of her Oregon Education Association legal counsel, the Oakridge teacher is not commenting on the incident until district officials have provided her with the results of their investigation, said Dan Fisher, president of the Oakridge Teachers Association.
"It's a shame that the process has worked this way with the media coverage, because it's been almost a guilty until proven innocent thing," he said. "Even if she is totally cleared, she may never get her good name back."
http://www.tdn.com/articles/2008/06/04/breaking_news/doc4846bfd72a0ea265914603.txt
Friday, February 22, 2008
Police Say Florida Teacher Abused Students
Staff Report
Published Friday, Feb. 22, 2008
VENICE, FL — A Venice Elementary School teacher is under arrest this morning, charged with the abuse of mentally handicapped students in her classroom. Venice police say Diana Z. O'Neill hit students on more than one occasion, kicked a child and twisted a child's arm behind his back. Two teacher aides in O'Neill's classroom came forward because they were concerned that the students were in danger, according to police. One of the aides gave school officials a written log of the incidents of alleged abuse.Police documents list four of the five students in O'Neill's classroom as victims in the case. The school district placed O'Neill on administrative leave last week. She turned herself in at the Venice Police Department on Thursday. She's charged with four counts of aggravated child abuse. Police reports say that O’Neill routinely hurt four of the students in her class.
Girl, 7, punished with "body sock"
Parents of a 7-year-old girl, who has the motor skills of an 11- to 14-month-old child, say the teacher’s physical abuse caused their daughter to lose enthusiasm. She had trouble sleeping and became quick-tempered, police reports state.
Aides reported O’Neill had kicked the girl in the legs, hit her in the head with objects, pushed her to the floor and used a “weighted blanket” and a “body sock” — two therapy tools that restrict movement — to punish her.
The aides told police that O’Neill told the girl to get out of a chair on Oct. 12 and gave her “a good push,” causing the girl to trip and hit her head on the floor so hard she started to cry, although she rarely cries.
The girl went to the school nurse, who filled out an incident report based on what O’Neill told her — that the girl “tripped on chair leg — fell backwards on floor,” police records state.
The aides told police O’Neill struck the girl numerous times in December, including three times with a board and with her hand on Dec. 5; with her hand, an arm brace and twice with a binder on Dec. 12; with an arm brace on Dec. 17; and with a water bottle on Jan. 14.
When O’Neill pushed the girl on Jan. 18, she hit her head on a metal door frame and caused a lump, but O’Neill reported the girl “fell into a wall” and had “zero sign of head injury, applied ice,” police said.
A week later, O’Neill got out a blue weighted blanket and wrapped up the girl from head to toe with her hands at her side, and then let her go, one aide told police.
The girl lost her balance and hit her head as she fell to the floor, police reported. As she tried to free herself, she hit the base of a swing, and O’Neill chuckled, the aide told police.
O’Neill also used the body sock to cover the girl, pinning her arms to her sides, then gave her a little push, and the girl fell into a shelf and hit her head, the aide told police.
The girl’s parents told police that since O’Neill was removed from the classroom, the girl has been happier, more verbal, more social, a better sleeper and less aggressive when agitated.
Autistic boy allowed to hit head on wall
A boy in O’Neill’s class who is diagnosed with autism, seizure disorder and developmental delay, has the abilities of a 15- to 24-month-old child, police reports said. His mother says the boy does not know right from wrong in most cases, and has little understanding of consequences.
Aides told police that O’Neill would wheel his chair into the corner when the boy acted up at lunch, leaving him there. The boy would respond by hitting his head on the wall and O’Neill would say sarcastically, “don’t hit your head,” but allowed him to continue.
Once in the corner of the cafeteria, out of sight of most people, O’Neill would also twist his arm behind him or twist fingers until he cried out in pain, the aides said.
There is a chair the boy can be restrained in as an alternative way to control him, the aides said.
The boy has his own nurse with him at all times because of a seizure disorder, but O’Neill would not allow the nurse in the classroom because she said he is a distraction to learning, the aides said.
Girl backhanded in head, reports say
An 11-year-old girl who is in a wheelchair, who had half of her brain removed when she was 11 months old, still has a soft spot in her head where the sections of the skull do not meet. She is also prone to seizures.
O’Neill backhanded the girl in the head, fed her in a rough manner that caused the girl’s lip to bleed and degraded her in front of others, according to police reports.
An aide told police that O’Neill was feeding the girl on Jan. 28 and backhanded her in the head when the girl did not follow prompts to choose between a bite of food or a sip of her drink.The aide said O’Neill would ram the spoon in the girl’s mouth during meals so hard that her gums bled.
Boy, 8, came home with bruises
An 8-year-old boy in O’Neill’s class has Down syndrome and a seizure disorder. His mother told police he has come home from school with bruises on the back of his thighs.
The aides told police O’Neill has hit him in the head with a variety of objects, kicked him in the buttocks, slapped him and pulled a rag from his mouth so hard that it removed a tooth.
O’Neill also used a gait belt as a leash that left bruises and scratches on the boy’s back and neck.The boy just learned to walk and gets tired, and one day O’Neill placed a cloth belt across his chest and under his arms when he sat down on the floor to rest, the aides told police.
O’Neill used the belt to yank the boy to his feet several times, telling him, “You’re going to stand,” aides told police.
Another time, the boy bit down on a wash cloth O’Neill was using to clean out his mouth and she yanked it out so hard that a bottom tooth went flying over her right shoulder, the aides told police.
Last modified: Friday, Feb. 22, 2008 at 2:51 p.m.
http://www.heraldtribune.com/article/20080222/BREAKING/338604838/-1/news
Published Friday, Feb. 22, 2008
VENICE, FL — A Venice Elementary School teacher is under arrest this morning, charged with the abuse of mentally handicapped students in her classroom. Venice police say Diana Z. O'Neill hit students on more than one occasion, kicked a child and twisted a child's arm behind his back. Two teacher aides in O'Neill's classroom came forward because they were concerned that the students were in danger, according to police. One of the aides gave school officials a written log of the incidents of alleged abuse.Police documents list four of the five students in O'Neill's classroom as victims in the case. The school district placed O'Neill on administrative leave last week. She turned herself in at the Venice Police Department on Thursday. She's charged with four counts of aggravated child abuse. Police reports say that O’Neill routinely hurt four of the students in her class.
Girl, 7, punished with "body sock"
Parents of a 7-year-old girl, who has the motor skills of an 11- to 14-month-old child, say the teacher’s physical abuse caused their daughter to lose enthusiasm. She had trouble sleeping and became quick-tempered, police reports state.
Aides reported O’Neill had kicked the girl in the legs, hit her in the head with objects, pushed her to the floor and used a “weighted blanket” and a “body sock” — two therapy tools that restrict movement — to punish her.
The aides told police that O’Neill told the girl to get out of a chair on Oct. 12 and gave her “a good push,” causing the girl to trip and hit her head on the floor so hard she started to cry, although she rarely cries.
The girl went to the school nurse, who filled out an incident report based on what O’Neill told her — that the girl “tripped on chair leg — fell backwards on floor,” police records state.
The aides told police O’Neill struck the girl numerous times in December, including three times with a board and with her hand on Dec. 5; with her hand, an arm brace and twice with a binder on Dec. 12; with an arm brace on Dec. 17; and with a water bottle on Jan. 14.
When O’Neill pushed the girl on Jan. 18, she hit her head on a metal door frame and caused a lump, but O’Neill reported the girl “fell into a wall” and had “zero sign of head injury, applied ice,” police said.
A week later, O’Neill got out a blue weighted blanket and wrapped up the girl from head to toe with her hands at her side, and then let her go, one aide told police.
The girl lost her balance and hit her head as she fell to the floor, police reported. As she tried to free herself, she hit the base of a swing, and O’Neill chuckled, the aide told police.
O’Neill also used the body sock to cover the girl, pinning her arms to her sides, then gave her a little push, and the girl fell into a shelf and hit her head, the aide told police.
The girl’s parents told police that since O’Neill was removed from the classroom, the girl has been happier, more verbal, more social, a better sleeper and less aggressive when agitated.
Autistic boy allowed to hit head on wall
A boy in O’Neill’s class who is diagnosed with autism, seizure disorder and developmental delay, has the abilities of a 15- to 24-month-old child, police reports said. His mother says the boy does not know right from wrong in most cases, and has little understanding of consequences.
Aides told police that O’Neill would wheel his chair into the corner when the boy acted up at lunch, leaving him there. The boy would respond by hitting his head on the wall and O’Neill would say sarcastically, “don’t hit your head,” but allowed him to continue.
Once in the corner of the cafeteria, out of sight of most people, O’Neill would also twist his arm behind him or twist fingers until he cried out in pain, the aides said.
There is a chair the boy can be restrained in as an alternative way to control him, the aides said.
The boy has his own nurse with him at all times because of a seizure disorder, but O’Neill would not allow the nurse in the classroom because she said he is a distraction to learning, the aides said.
Girl backhanded in head, reports say
An 11-year-old girl who is in a wheelchair, who had half of her brain removed when she was 11 months old, still has a soft spot in her head where the sections of the skull do not meet. She is also prone to seizures.
O’Neill backhanded the girl in the head, fed her in a rough manner that caused the girl’s lip to bleed and degraded her in front of others, according to police reports.
An aide told police that O’Neill was feeding the girl on Jan. 28 and backhanded her in the head when the girl did not follow prompts to choose between a bite of food or a sip of her drink.The aide said O’Neill would ram the spoon in the girl’s mouth during meals so hard that her gums bled.
Boy, 8, came home with bruises
An 8-year-old boy in O’Neill’s class has Down syndrome and a seizure disorder. His mother told police he has come home from school with bruises on the back of his thighs.
The aides told police O’Neill has hit him in the head with a variety of objects, kicked him in the buttocks, slapped him and pulled a rag from his mouth so hard that it removed a tooth.
O’Neill also used a gait belt as a leash that left bruises and scratches on the boy’s back and neck.The boy just learned to walk and gets tired, and one day O’Neill placed a cloth belt across his chest and under his arms when he sat down on the floor to rest, the aides told police.
O’Neill used the belt to yank the boy to his feet several times, telling him, “You’re going to stand,” aides told police.
Another time, the boy bit down on a wash cloth O’Neill was using to clean out his mouth and she yanked it out so hard that a bottom tooth went flying over her right shoulder, the aides told police.
Last modified: Friday, Feb. 22, 2008 at 2:51 p.m.
http://www.heraldtribune.com/article/20080222/BREAKING/338604838/-1/news
Wednesday, January 2, 2008
Mother of boy with Down's sues Randolph, State School Boards, School
10/31/2007 7:00 PM
By Cara Bailey -Kanawha Bureau
CHARLESTON - The mother of an 11-year-old boy diagnosed with Down's Syndrome has filed a personal injury lawsuit against the school where her son attended and several school employees who were supposed to help him.
Brenda Renee Barrows, of Randolph County, filed a suit Oct. 15 in Kanawha Circuit Court on behalf of her son, Barry Barrows, who attended Elkins Third Ward Elementary.
The suit names the Randolph County Board of Education and the West Virginia Board of Education as defendants, along with several school officials, teachers and aides. Barrows claims the actions of the defendants were "shocking and reprehensible. "
Barry Barrows has been diagnosed with Down's Syndrome since birth, the suit says. He also suffers from a seizure disorder, which requires medicine at regular intervals. Barrows entered the Randolph County School system in 1999, where he was enrolled as a student in need of special education services.
According to the suit, in August 2005, Barrows was placed in the classroom of defendant Penelope Friddle. The suit says Friddle determined that Barrows had behavioral issues, despite Brenda Barrows working with her on that issue.
Friddle, and the school, claimed everything happening to Barry Barrows "was his fault because he was unable to conform or cooperate or was the result ... of bad parenting," the suit says.
Brenda Barrows claims she soon noticed her son not wanting to go to school.
"Throughout the school year while in the care of Friddle, the school began a practice of strapping Barry Charles Barrows in his chair," the suit says.
According to the suit, Barrows was distraught and constantly distressed over the reported behaviors of her son, so she had him reevaluated by the Klingberg Neurodevelopmental Center. A physician at the center submitted a recommendation to the Randolph County Board of Education, suggesting that Barry Barrows should have his own aide.
However, he was never provided an aide, the suit says.
During the 2006-07 school year, Brenda Barrows went to the school to deliver medication for her son. Upon arriving, she claims she found her son strapped in the Easy Stander chair.
The Easy Stander chair is normally used as a therapeutic device to prevent, reverse or improve the adverse effects of prolonged immobilization in paraplegic or quadriplegic children.
"It was reported to Brenda Renee Barrows that Barry Charles Barrows was placed in the Easy Stander as a punishment due to giggling or laughing during reading," the suit says.
Brenda Barrows claims she immediately left and drove to the Board of Education offices, where she met with defendant Donna Simmons, the director of special education. Barrows claims she was told this was not the first time her son had been strapped in the chair for discipline purposes.
Friddle, and aides Georgia Williams and Charlotte Scott, who are also named as defendants, confirmed the use of the Easy Stander as discipline, the suit says.
Barrows removed her son from the class, and did not return him until the school board could assure his safety. He returned Nov. 28, 2006. No extra aide was ever hired for Barry Barrows.
In the nine-count suit, Brenda Barrows claims the defendants are responsible for assault and battery, infliction of severe emotional distress and false imprisonment.
Therefore, Brenda and Barry Barrows seek compensatory damages for pain and suffering, punitive damages and court costs.
Attorneys Belinda A. Haynie and George B. Armistead are representing the Barrows. The case has been assigned to Judge Louis Bloom.
Kanawha Circuit Court case number 07-C-2196.
By Cara Bailey -Kanawha Bureau
CHARLESTON - The mother of an 11-year-old boy diagnosed with Down's Syndrome has filed a personal injury lawsuit against the school where her son attended and several school employees who were supposed to help him.
Brenda Renee Barrows, of Randolph County, filed a suit Oct. 15 in Kanawha Circuit Court on behalf of her son, Barry Barrows, who attended Elkins Third Ward Elementary.
The suit names the Randolph County Board of Education and the West Virginia Board of Education as defendants, along with several school officials, teachers and aides. Barrows claims the actions of the defendants were "shocking and reprehensible. "
Barry Barrows has been diagnosed with Down's Syndrome since birth, the suit says. He also suffers from a seizure disorder, which requires medicine at regular intervals. Barrows entered the Randolph County School system in 1999, where he was enrolled as a student in need of special education services.
According to the suit, in August 2005, Barrows was placed in the classroom of defendant Penelope Friddle. The suit says Friddle determined that Barrows had behavioral issues, despite Brenda Barrows working with her on that issue.
Friddle, and the school, claimed everything happening to Barry Barrows "was his fault because he was unable to conform or cooperate or was the result ... of bad parenting," the suit says.
Brenda Barrows claims she soon noticed her son not wanting to go to school.
"Throughout the school year while in the care of Friddle, the school began a practice of strapping Barry Charles Barrows in his chair," the suit says.
According to the suit, Barrows was distraught and constantly distressed over the reported behaviors of her son, so she had him reevaluated by the Klingberg Neurodevelopmental Center. A physician at the center submitted a recommendation to the Randolph County Board of Education, suggesting that Barry Barrows should have his own aide.
However, he was never provided an aide, the suit says.
During the 2006-07 school year, Brenda Barrows went to the school to deliver medication for her son. Upon arriving, she claims she found her son strapped in the Easy Stander chair.
The Easy Stander chair is normally used as a therapeutic device to prevent, reverse or improve the adverse effects of prolonged immobilization in paraplegic or quadriplegic children.
"It was reported to Brenda Renee Barrows that Barry Charles Barrows was placed in the Easy Stander as a punishment due to giggling or laughing during reading," the suit says.
Brenda Barrows claims she immediately left and drove to the Board of Education offices, where she met with defendant Donna Simmons, the director of special education. Barrows claims she was told this was not the first time her son had been strapped in the chair for discipline purposes.
Friddle, and aides Georgia Williams and Charlotte Scott, who are also named as defendants, confirmed the use of the Easy Stander as discipline, the suit says.
Barrows removed her son from the class, and did not return him until the school board could assure his safety. He returned Nov. 28, 2006. No extra aide was ever hired for Barry Barrows.
In the nine-count suit, Brenda Barrows claims the defendants are responsible for assault and battery, infliction of severe emotional distress and false imprisonment.
Therefore, Brenda and Barry Barrows seek compensatory damages for pain and suffering, punitive damages and court costs.
Attorneys Belinda A. Haynie and George B. Armistead are representing the Barrows. The case has been assigned to Judge Louis Bloom.
Kanawha Circuit Court case number 07-C-2196.
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