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.
Showing posts with label October 2007. Show all posts
Showing posts with label October 2007. Show all posts
Wednesday, January 2, 2008
Unlawful Restraint of 3 Year Old?
By Dan O'Donnell
Story Created: Oct 11, 2007
Story Updated: Oct 30, 2007
Click here to listen to Dan's report
For Hasmig Tempesta, it was the surprise of her life.
Her autistic 3 year-old son Zachary attends the Early Childhood program at Red Apple Elementary School in Racine. While at home, he receives treatment from an autism therapist.
"She went to check in on [Zachary] at school and came back the next day to ask me if I knew he was being belted into a chair," Hasmig said. "Of course I said no. She explained that any time that he was sitting down, he was belted into that chair. She was there for an hour and a half and said he was in that chair for about 50 minutes."
That chair is known as a Rifton Toddler Chair and, according to the company's website, is intended to be used solely by children with physical disabilities and not as a behavioral restraint.
When Hasmig asked about this, the school would not give her a straight answer.
"They said 'some kids need it and some kids don't and it's really the parents' choice,'" she recalled, noting that the school never told her about its use of the chair.
The Wisconsin Department of Public Instruction's guidelines for the physical restraint and seclusion of students indicate that "the use of mechanical or chemical restraint is not appropriate for use in schools without medical authorization and oversight."
"It can only be used if it has been included in the individualized education plan (IEP) for a special needs student and a parent has been notified," said DPI communication coordinator Patrick Gasper.
Hasmig said the use of such mechanical restraint was not in Zachary's IEP, nor was it ever discussed with her. Both of these are apparent violations of DPI guidelines.
"We have already been in contact with the Racine Unified School District to remind them of the policies regarding the use of restraints on students with disabilities," Gasper reported. "They said they are making corrections."
In a prepared statement, Racine Unified reported that it is "working with the Red Apple parent and will reconvene the student's IEP team this week to discuss the needs of the student and how the district can best meet those needs within a classroom."
But in the interim, Hasmig said Zachary has still been placed in a Rifton Chair.
"He's strapped in when he's one-on-one in speech therapy. He was strapped in any time he was at the table. He was strapped in during circle time," she said.
On its website, the Autism National Committee "condemns the widespread and excessive use of mechanical and physical restraints in restricting the civil and human rights of people with disabilities," adding that "we believe that the use of restraints is a failure in treatment."
Local advocacy group Disability Rights Wisconsin agrees.
"For at least the last six years, we've been very concerned about the overuse of both seclusion and restraint of children in Wisconsin's schools," said the group's managing attorney Jeff Spitzer-Resnick. "We believe it's happening too often, based on the individuals who have expressed concern to us and the cases that we've investigated, some of which end up resulting in severe injuries. For instance, we've been involved in cases where children have had their elbows broken."
Spitzer-Resnick's colleague, advocacy specialist Cathy Steffke, says she's handled upwards of 50 improper restraint-related cases in southeast Wisconsin schools in the past few years and that this increase is due to a lack of firm legislation in the state.
"There is no statutory law related to the use of seclusion and restraint for children," she said. "There is statutory law for criminals. There is statutory law for people who have mental health issues, but for the most vulnerable of our citizens, children with disabilities, there is now law pertaining to their seclusion and restraint."
Hasmig Tempesta, though, isn't out to make new laws. She just wants each new school day for her Zachary to be a safe and happy one.
"He's a typical kid. Does he have issues he needs to work on? Yes, but it's nothing that they're not supposed to be able to handle."
Story Created: Oct 11, 2007
Story Updated: Oct 30, 2007
Click here to listen to Dan's report
For Hasmig Tempesta, it was the surprise of her life.
Her autistic 3 year-old son Zachary attends the Early Childhood program at Red Apple Elementary School in Racine. While at home, he receives treatment from an autism therapist.
"She went to check in on [Zachary] at school and came back the next day to ask me if I knew he was being belted into a chair," Hasmig said. "Of course I said no. She explained that any time that he was sitting down, he was belted into that chair. She was there for an hour and a half and said he was in that chair for about 50 minutes."
That chair is known as a Rifton Toddler Chair and, according to the company's website, is intended to be used solely by children with physical disabilities and not as a behavioral restraint.
When Hasmig asked about this, the school would not give her a straight answer.
"They said 'some kids need it and some kids don't and it's really the parents' choice,'" she recalled, noting that the school never told her about its use of the chair.
The Wisconsin Department of Public Instruction's guidelines for the physical restraint and seclusion of students indicate that "the use of mechanical or chemical restraint is not appropriate for use in schools without medical authorization and oversight."
"It can only be used if it has been included in the individualized education plan (IEP) for a special needs student and a parent has been notified," said DPI communication coordinator Patrick Gasper.
Hasmig said the use of such mechanical restraint was not in Zachary's IEP, nor was it ever discussed with her. Both of these are apparent violations of DPI guidelines.
"We have already been in contact with the Racine Unified School District to remind them of the policies regarding the use of restraints on students with disabilities," Gasper reported. "They said they are making corrections."
In a prepared statement, Racine Unified reported that it is "working with the Red Apple parent and will reconvene the student's IEP team this week to discuss the needs of the student and how the district can best meet those needs within a classroom."
But in the interim, Hasmig said Zachary has still been placed in a Rifton Chair.
"He's strapped in when he's one-on-one in speech therapy. He was strapped in any time he was at the table. He was strapped in during circle time," she said.
On its website, the Autism National Committee "condemns the widespread and excessive use of mechanical and physical restraints in restricting the civil and human rights of people with disabilities," adding that "we believe that the use of restraints is a failure in treatment."
Local advocacy group Disability Rights Wisconsin agrees.
"For at least the last six years, we've been very concerned about the overuse of both seclusion and restraint of children in Wisconsin's schools," said the group's managing attorney Jeff Spitzer-Resnick. "We believe it's happening too often, based on the individuals who have expressed concern to us and the cases that we've investigated, some of which end up resulting in severe injuries. For instance, we've been involved in cases where children have had their elbows broken."
Spitzer-Resnick's colleague, advocacy specialist Cathy Steffke, says she's handled upwards of 50 improper restraint-related cases in southeast Wisconsin schools in the past few years and that this increase is due to a lack of firm legislation in the state.
"There is no statutory law related to the use of seclusion and restraint for children," she said. "There is statutory law for criminals. There is statutory law for people who have mental health issues, but for the most vulnerable of our citizens, children with disabilities, there is now law pertaining to their seclusion and restraint."
Hasmig Tempesta, though, isn't out to make new laws. She just wants each new school day for her Zachary to be a safe and happy one.
"He's a typical kid. Does he have issues he needs to work on? Yes, but it's nothing that they're not supposed to be able to handle."
Thursday, October 11, 2007
PRELIMINARY HEARING: Abuse recalled in court
Teacher hurt autistic kids, aide testifies
By K.C. HOWARD
REVIEW-JOURNAL
Oct. 11, 2007
Latasha Burse was working as a teacher's aide in a classroom of autistic students at Reed Elementary School in March when she heard a loud bang.
Burse testified in Justice Court on Wednesday that she turned around and saw the teacher, Mamie Hubbard-Washington, with her hand on the back of a 9-year-old autistic boy's neck.
Burse surmised that the teacher had just slammed the child's face onto the top of a table.
The boy, Matthew, was crying, which was uncharacteristic for him, Burse said.
Hubbard-Washington told the child to stop crying and left for lunch. Burse and another teacher's aide cleaned Matthew's mouth in the bathroom and took him to eat.
"His tooth was chipped, and his lip was bleeding," Burse said.
It was one of several suspicious injuries Matthew suffered in Hubbard-Washington's class that spring, prompting his mother to pull him out of the school before the end of the school year.
Hubbard-Washington, 64, is facing five felony charges of child abuse and neglect for injuries authorities allege she inflicted on her autistic students at Reed in 2006 and 2007. Wednesday was the second and final day of testimony in her preliminary hearing that will determine whether she will stand trial on the charges.
Burse and another teacher's aide testified Wednesday that they saw Hubbard-Washington hit, pinch, push and verbally abuse the children.
Parents testified on the first day of the hearing, Sept. 26, that after their children were placed in Hubbard-Washington's class, they started coming home with bruises on their hands, back or abdomen.
Because of their autism, many of the children do not speak.
Hubbard-Washington's attorney, Vince Consul, has said the allegations raised by the teacher's aides and parents aren't specific enough. They cannot, for instance, cite the dates on which much of the alleged abuse occurred.
Consul also said it can't be proven that the injuries occurred at the hands of Hubbard-Washington rather than on the playground or school bus.
Hubbard-Washington has denied the allegations, saying she has taught special education students since 1985 and had never been accused of abuse until now. The allegations are spurred by greed, she said, noting the parents are planning to file a lawsuit against the Clark County School District.
Aram Kouyoumdjian, an attorney representing the families, attended both days of the preliminary hearing. He said Wednesday that no suit had been filed.
Burse said she began to notice the teacher's abusive behavior a few months after Hubbard-Washington arrived at the school in January 2006.
She said she reported what she saw to her supervisor, Assistant Principal Randy Cheung.
Burse said it seemed as though the school's administrators were constantly investigating the teacher.
"The principal and assistant principal were in our room all the time," Burse said.
Cheung was set to testify for the defense Wednesday, but Justice of the Peace William Jansen advised him to speak with an attorney first because of potential civil litigation against the district.
The principal, Karen Bennett, previously testified that school officials initially had difficulties verifying some of the complaints raised by the aides and parents. After spending weeks investigating, school officials took the allegations to school district police on May 2. The district placed Hubbard-Washington on administrative leave on May 4.
Burse said Matthew was the first student she saw Hubbard-Washington go after. The teacher would hit Matthew "full force" with a yardstick "anywhere below the neck," Burse said.
She said she also saw Hubbard-Washington hit a student named Chris, who would often bang his head against his desk. Burse said Hubbard-Washington hit him on the head with a closed fist.
She recalled Hubbard-Washington telling the boy, "You better stop hitting your head or else I'll hit you."
On March 20, Burse said, Chris was cramming pizza into his mouth and Hubbard-Washington grabbed him by the back of the neck and "pushed his head into the trash can until he swallowed his food."
Burse also recalled Hubbard-Washington brushing the hair of the only girl in the classroom, a 7-year-old. But if the girl, Joanna, started to cry, Hubbard-Washington would strike her on the head with the brush, Burse said.
Another teacher's aide, Shari Pedrol-Little, testified that she left Hubbard-Washington's classroom in November 2006 after suffering a nervous breakdown.
She said Hubbard-Washington created a tense environment when she yelled at the children in the classroom, prompting them to act out.
In court, Pedrol-Little had to review her May statement to police to recall most of Hubbard-Washington's alleged abuses. The breakdown, she said, had affected her memory.
She said she witnessed Hubbard-Washington calling Joanna fat and at other times forcing food into her mouth.
She also recalled that Hubbard-Washington would hit Matthew with a yardstick and would strike the girl on the head with a brush "and tell her to shut up" if she began crying.
Jansen said he wants to review transcripts of the hearing before he listens to closing arguments and decides whether Hubbard-Washington will face the charges in District Court.
Consul and prosecutors Vicki Monroe and Noreen Nyikos are to argue the case before the judge on Oct. 31.
Contact reporter K.C. Howard at khoward@reviewjournal.com or (702) 380-1039.
By K.C. HOWARD
REVIEW-JOURNAL
Oct. 11, 2007
Latasha Burse was working as a teacher's aide in a classroom of autistic students at Reed Elementary School in March when she heard a loud bang.
Burse testified in Justice Court on Wednesday that she turned around and saw the teacher, Mamie Hubbard-Washington, with her hand on the back of a 9-year-old autistic boy's neck.
Burse surmised that the teacher had just slammed the child's face onto the top of a table.
The boy, Matthew, was crying, which was uncharacteristic for him, Burse said.
Hubbard-Washington told the child to stop crying and left for lunch. Burse and another teacher's aide cleaned Matthew's mouth in the bathroom and took him to eat.
"His tooth was chipped, and his lip was bleeding," Burse said.
It was one of several suspicious injuries Matthew suffered in Hubbard-Washington's class that spring, prompting his mother to pull him out of the school before the end of the school year.
Hubbard-Washington, 64, is facing five felony charges of child abuse and neglect for injuries authorities allege she inflicted on her autistic students at Reed in 2006 and 2007. Wednesday was the second and final day of testimony in her preliminary hearing that will determine whether she will stand trial on the charges.
Burse and another teacher's aide testified Wednesday that they saw Hubbard-Washington hit, pinch, push and verbally abuse the children.
Parents testified on the first day of the hearing, Sept. 26, that after their children were placed in Hubbard-Washington's class, they started coming home with bruises on their hands, back or abdomen.
Because of their autism, many of the children do not speak.
Hubbard-Washington's attorney, Vince Consul, has said the allegations raised by the teacher's aides and parents aren't specific enough. They cannot, for instance, cite the dates on which much of the alleged abuse occurred.
Consul also said it can't be proven that the injuries occurred at the hands of Hubbard-Washington rather than on the playground or school bus.
Hubbard-Washington has denied the allegations, saying she has taught special education students since 1985 and had never been accused of abuse until now. The allegations are spurred by greed, she said, noting the parents are planning to file a lawsuit against the Clark County School District.
Aram Kouyoumdjian, an attorney representing the families, attended both days of the preliminary hearing. He said Wednesday that no suit had been filed.
Burse said she began to notice the teacher's abusive behavior a few months after Hubbard-Washington arrived at the school in January 2006.
She said she reported what she saw to her supervisor, Assistant Principal Randy Cheung.
Burse said it seemed as though the school's administrators were constantly investigating the teacher.
"The principal and assistant principal were in our room all the time," Burse said.
Cheung was set to testify for the defense Wednesday, but Justice of the Peace William Jansen advised him to speak with an attorney first because of potential civil litigation against the district.
The principal, Karen Bennett, previously testified that school officials initially had difficulties verifying some of the complaints raised by the aides and parents. After spending weeks investigating, school officials took the allegations to school district police on May 2. The district placed Hubbard-Washington on administrative leave on May 4.
Burse said Matthew was the first student she saw Hubbard-Washington go after. The teacher would hit Matthew "full force" with a yardstick "anywhere below the neck," Burse said.
She said she also saw Hubbard-Washington hit a student named Chris, who would often bang his head against his desk. Burse said Hubbard-Washington hit him on the head with a closed fist.
She recalled Hubbard-Washington telling the boy, "You better stop hitting your head or else I'll hit you."
On March 20, Burse said, Chris was cramming pizza into his mouth and Hubbard-Washington grabbed him by the back of the neck and "pushed his head into the trash can until he swallowed his food."
Burse also recalled Hubbard-Washington brushing the hair of the only girl in the classroom, a 7-year-old. But if the girl, Joanna, started to cry, Hubbard-Washington would strike her on the head with the brush, Burse said.
Another teacher's aide, Shari Pedrol-Little, testified that she left Hubbard-Washington's classroom in November 2006 after suffering a nervous breakdown.
She said Hubbard-Washington created a tense environment when she yelled at the children in the classroom, prompting them to act out.
In court, Pedrol-Little had to review her May statement to police to recall most of Hubbard-Washington's alleged abuses. The breakdown, she said, had affected her memory.
She said she witnessed Hubbard-Washington calling Joanna fat and at other times forcing food into her mouth.
She also recalled that Hubbard-Washington would hit Matthew with a yardstick and would strike the girl on the head with a brush "and tell her to shut up" if she began crying.
Jansen said he wants to review transcripts of the hearing before he listens to closing arguments and decides whether Hubbard-Washington will face the charges in District Court.
Consul and prosecutors Vicki Monroe and Noreen Nyikos are to argue the case before the judge on Oct. 31.
Contact reporter K.C. Howard at khoward@reviewjournal.com or (702) 380-1039.
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