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
Showing posts with label Physical Abuse. Show all posts
Showing posts with label Physical Abuse. Show all posts
Wednesday, August 20, 2008
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, July 28, 2008
Charges against teacher tossed
Fulton judge says defendant accused of hitting two pupils didn't intend to harm them.
Friday, July 25, 2008
By Kathy Coffta Sims
Staff writer
A Fulton City Court judge has dismissed the charges against a special education teacher who was accused of striking two developmentally disabled students in May 2007.
Judge Spencer Ludington said in court Wednesday that he did not think Gracia Thompson, 45, of 56 W. Third St., Fulton, intended to harm thestudents.
Thompson was facing two counts of endangering the welfare of a child, stemming from incidents in the spring of 2007 at Lanigan ElementarySchool in Fulton.
"I believe it is fair to suggest that this was a reaction to the behavior of an aggressive child," Ludington said.
Thompson's lawyer, James Eby, told the judge that Thompson, who has been at the district since 1999, was assigned to students who have profound mental and physical disabilities. He said the students often have tantrums and throw objects at, scream at, hit and spit at theirteachers.
He said the incidents that resulted in charges against Thompson involved two students, one of whom is profoundly disabled. He said Thompson was trying to teach that student, a 7-year-old, how to urinate in the toilet when he turned on her and spat at her.
"She did smack his upper thigh a few times to redirect him to the task at hand." Eby said. He said that student had no signs of physical injury and was never seen by a nurse or doctor.
A teacher's aide brought the incident to the attention of the district and they conducted a thorough investigation, Eby said. He said the district came up withan appropriate administrative remedy and that when Thompson returned to the classroom, she received a letter from the boy's mother, welcoming her back.
Oswego County Assistant District Attorney Gregory Oakes told Ludington that the mother did not have the full story of what happened when she wrote the letter.
"She regrets having written that letter," Oakes said. "Now that sheis aware of what happened, she certainly has a different opinion."
Oakes said that the boy's mother spoke to two aides who told her she didn't have the full story of what happened that day in the classroom. It was then that she went to the Fulton Police Department.
Eby said in the second incident Thompson put up her hand to prevent a5-year-old child from butting his head into her head or body. He said she reacted with a defensive motion and did not intend to hurt thechild.
Eby said Thompson's account of that incident was confirmed by an aide who was present in the room when it happened.
Oakes, who had offered to let Thompson plead guilty to two counts of second-degree harassment, told the judge that witnesses to that incident said Thompson was frustrated and hit the victim three or four times in the back of the head, saying "How do you like it?"
"That's acting out of anger and frustration," Oakes said.
But Ludington, who read aloud from several of Thompson's performance evaluations, said that he did not believe that the evidence showed that Thompson acted in any way that was injurious to the child.
He said that neither student was treated by a doctor or nurse for any injuries and that by all accounts, Thompson was a person of good character who was an asset to the Fulton school district.
Earlier in the proceeding, Eby questioned whether the district attorney's office had allowed the evidence in the case to be considered by a grand jury.
"It's clear to me there was no grand jury involved. Therefore, the subpoena that was issued was improperly issued," Eby said. "This is a bunch of baloney. I ask the court to put an end to this matter, hereand now."
Ludington agreed with Eby."There is absolutely no evidence that a grand jury was properly impaneled to review this matter," the judge said. "The district attorney has no authority to issue grand jury subpoenas.
"Thompson had been reassigned to the district office when she was charged. Late last year, Superintendent William Lynch said Thompson would not be allowed back into the classroom until the court proceedings against her were resolved.
Lynch was not available to comment on Thompson's status on Thursday.
Friday, July 25, 2008
By Kathy Coffta Sims
Staff writer
A Fulton City Court judge has dismissed the charges against a special education teacher who was accused of striking two developmentally disabled students in May 2007.
Judge Spencer Ludington said in court Wednesday that he did not think Gracia Thompson, 45, of 56 W. Third St., Fulton, intended to harm thestudents.
Thompson was facing two counts of endangering the welfare of a child, stemming from incidents in the spring of 2007 at Lanigan ElementarySchool in Fulton.
"I believe it is fair to suggest that this was a reaction to the behavior of an aggressive child," Ludington said.
Thompson's lawyer, James Eby, told the judge that Thompson, who has been at the district since 1999, was assigned to students who have profound mental and physical disabilities. He said the students often have tantrums and throw objects at, scream at, hit and spit at theirteachers.
He said the incidents that resulted in charges against Thompson involved two students, one of whom is profoundly disabled. He said Thompson was trying to teach that student, a 7-year-old, how to urinate in the toilet when he turned on her and spat at her.
"She did smack his upper thigh a few times to redirect him to the task at hand." Eby said. He said that student had no signs of physical injury and was never seen by a nurse or doctor.
A teacher's aide brought the incident to the attention of the district and they conducted a thorough investigation, Eby said. He said the district came up withan appropriate administrative remedy and that when Thompson returned to the classroom, she received a letter from the boy's mother, welcoming her back.
Oswego County Assistant District Attorney Gregory Oakes told Ludington that the mother did not have the full story of what happened when she wrote the letter.
"She regrets having written that letter," Oakes said. "Now that sheis aware of what happened, she certainly has a different opinion."
Oakes said that the boy's mother spoke to two aides who told her she didn't have the full story of what happened that day in the classroom. It was then that she went to the Fulton Police Department.
Eby said in the second incident Thompson put up her hand to prevent a5-year-old child from butting his head into her head or body. He said she reacted with a defensive motion and did not intend to hurt thechild.
Eby said Thompson's account of that incident was confirmed by an aide who was present in the room when it happened.
Oakes, who had offered to let Thompson plead guilty to two counts of second-degree harassment, told the judge that witnesses to that incident said Thompson was frustrated and hit the victim three or four times in the back of the head, saying "How do you like it?"
"That's acting out of anger and frustration," Oakes said.
But Ludington, who read aloud from several of Thompson's performance evaluations, said that he did not believe that the evidence showed that Thompson acted in any way that was injurious to the child.
He said that neither student was treated by a doctor or nurse for any injuries and that by all accounts, Thompson was a person of good character who was an asset to the Fulton school district.
Earlier in the proceeding, Eby questioned whether the district attorney's office had allowed the evidence in the case to be considered by a grand jury.
"It's clear to me there was no grand jury involved. Therefore, the subpoena that was issued was improperly issued," Eby said. "This is a bunch of baloney. I ask the court to put an end to this matter, hereand now."
Ludington agreed with Eby."There is absolutely no evidence that a grand jury was properly impaneled to review this matter," the judge said. "The district attorney has no authority to issue grand jury subpoenas.
"Thompson had been reassigned to the district office when she was charged. Late last year, Superintendent William Lynch said Thompson would not be allowed back into the classroom until the court proceedings against her were resolved.
Lynch was not available to comment on Thompson's status on Thursday.
Saturday, July 26, 2008
Mom wants school to explain son's injuries
Austin mother suspects substitute teacher injured her special needs child.
By Molly Bloom
AMERICAN-STATESMAN STAFF
Saturday, July 26, 2008
One Wednesday in January, 4-year-old Alex González came home from his pre-K class at Andrews Elementary School in Northeast Austin with three big bumps on his head, bruises under his arms and tears in his eyes.
Alex is autistic and communicates through gestures and guttural sounds, so his mother, Rosalía García, couldn't ask her son how he got hurt. Instead, she asked the school's assistant principal.
García says that she is still waiting for answers.
Because neither Alex's family nor school staff noticed any injuries when Alex left for school, his parents believe that their son's injuries occurred while he was in class with a substitute teacher.
The sub, a 69-year-old retired postal worker named Gilbert Lazalde, said in an interview with the American-Statesman that he did not hurt Alex and did not know how the injuries occurred.
The district's police department has closed its investigation into Alex's injuries and has not charged Lazalde with a crime.
School records show that teachers at two campuses had complained about how Lazalde treated students before Alex was injured. Lazalde was eventually terminated from his position as a substitute after teachers at four separate campuses complained about his behavior, but district records do not indicate that Alex's injuries played any part in the termination.
Though the Austin school district allows school principals to bar specific substitutes from their campuses and file administrative complaints about subs who violate campus or district rules, it has no specific policy requiring the district to fire substitutes who have amassed multiple complaints.
And though the district's substitute handbook warns substitutes that violations of any district or campus policy can result in disciplinary action, up to and including termination, Lazalde wasn't terminated until teachers at four Austin elementary schools reported accusations that he had pinched, shoved and been verbally abusive to students.
García says Alex's story shows what can happen when adults with limited teaching experience or training are put in charge of some of the most vulnerable, and often most difficult to manage, children. A substitute teacher with multiple complaints against him should never have come in contact with her son, she said.
"I can't believe they allow (those) people to work with disabled students," García, who speaks limited English, said in Spanish.
Six months after Alex was hurt, district officials, who didn't initially tell García that a substitute was supervising her son the day he was hurt, have yet to tell her what they know about the events leading to his injuries, she said.
They have also declined to release the police report on his injuries, citing state laws on the confidentiality of child abuse investigations.
Special education shortage
There are no statewide requirements for substitute teachers beyond submitting fingerprints and passing a national criminal background check to show they haven't been convicted of a violent or sexual crime against a public school student. A search of public records found that Lazalde does not have a criminal history.
The Austin school district also requires its substitutes to have at least 60 hours of college credit and attend a one-day training session, requirements similar to or more rigorous than those of most other large Texas school districts and most other Central Texas districts.
The Austin's district's substitute handbook doesn't discuss teaching students with special needs, though a 290-page supplementary manual used in substitute orientation devotes four pages to the subject. That's four more pages than the Round Rock school district's 12-page substitute teacher's handbook devotes to it.
About 860, or 27 percent, of Austin's substitutes were certified teachers in 2007-08, according to the district. Last year, 3 percent of substitutes were certified to teach special education classes, and less than 1 percent were certified bilingual teachers.
Special education and bilingual teachers are in high demand statewide, district spokesman Andy Welch said, and special education and bilingual substitute teachers also are in short supply.
In a June letter to García, associate superintendent Claudia Tousek wrote that the district's substitute office is "exploring opportunities" to offer additional workshops on working with students with special needs. District officials declined to discuss Alex's injuries with the Statesman.
Teacher responds to claims
Lazalde said that on Jan. 16 he was subbing for Alex's special education teacher when, after walking Alex from one classroom to another, he saw the bumps on Alex's head. Lazalde said that he immediately reported them to campus staff. Lazalde said that he was never alone with Alex except when he walked him from one classroom to another. Even then other teachers were in the hallway, Lazalde said.
Lazalde said he received "absolutely no training" from the district on dealing with children with special needs before he began working in the classroom.
"They never really mentioned autistic," he said. "They just said, 'Don't mess with the kids' and stuff like that."
District records show that Lazalde, who is fluent in Spanish, completed 112 substitute teaching assignments from September 2007 through March 2007, most of them in English as a Second Language or bilingual classes.
But prior to subbing in Alex's class at Andrews, Lazalde was asked by administrators in October at Allan Elementary School in East Austin and Travis Heights Elementary School in South Austin not to return to their campuses.
Teachers at both schools said Lazalde was rude and physically abusive to students, according to substitute office reports provided by the district under the Texas Public Information Act.
According to the reports, Lazalde is accused of pinching Allan students to get their attention and telling one special education student, "Shut up. What are you retarded?"
Lazalde replied to the accusations in writing, saying that he did not pinch students and didn't recall telling students to shut up.
"In Spanish I repeatedly said, 'callense' [Be quiet] and 'silencio, [Silence]' " he wrote. "I admit that I did use the word 'retarded.' I did not call the student retarded but used it in questioning his behavior."
Lazalde apologized for calling the student "retarded," saying he didn't know the student had a disability. In a letter, he told the district's substitute office that being a substitute teacher was a "hard learning experience" and asked for advice or reading materials to help him deal with difficult classroom situations.
Complaints continue
After Alex was injured at Andrews, Alex's teacher also asked that Lazalde not return. The teacher reported that another special education student Lazalde was escorting fell and cut her lip and that his explanation of how and where it happened "didn't seem to match."
In a written response to that report, Lazalde wrote that he had no idea why the girl fell. Lazalde said he immediately took her to the school nurse.
In his response, Lazalde also explained that he did "restrain a couple [students] on several occasions in an effort to gain control of them and get them to follow my directions. ... Short of using severe physical punishment (which I would never do) I don't know what other techniques I could have used."
Two months later, Lazalde was asked not to return to Pleasant Hill Elementary School after a fourth-grade teacher reported that her students complained that Lazalde had shoved them, poked them and pulled their arms.
After that complaint in March, the district removed him from their substitute list and barred him from working for the school district again.
Lazalde said he has since taken a part-time job in a field unrelated to education.
Rosalía García, Alex's mother, said that in the weeks after being injured, Alex, the eldest of her four children, was fearful of going to school. Just passing by his school bag hanging in the hallway could make him cry, she said.
Earlier this month, Alex squirmed on his father's lap, eager to get up and greet visitors to the family's apartment off Cameron Road.
Alex bore no visible, permanent scars from his injuries. But his parents are still angry that their son was hurt at school and that no one has told them for certain how he was injured. "I just want to know what happened," García said.
The accusations
Retired postal worker Gilbert Lazalde, 69, was barred from working in Austin schools after teachers at four campuses reported student complaints that he was physically and verbally abusive:
Oct. 22, 2007 —An Allan Elementary School teacher reported that students said Lazalde pinched them, told them to 'shut up' and called a special education student 'retarded.' Lazalde responded to the accusations in writing, saying that he did not pinch students and didn't recall telling students to shut up. He said he did not realize the student had any disabilities and intended to call the student's behavior, not the student himself, 'retarded.'
Oct. 25 —A Travis Heights Elementary School teacher reported that Lazalde was 'rude' to students, told them to 'shut up' several times and touched one student on the shoulder in a way the student thought was 'rough.'
Lazalde replied in writing that students were unruly — one hit him in the chest with a rock, he said — and that he was sorry he told students to shut up. Lazalde said he touched a student on the shoulder with a rolled up lesson plan to get the student's attention. 'It was not in any way "rough" or violent,' he said.
Jan. 18, 2008 —Teachers at Andrews Elementary School reported that Lazalde's explanation of how and where a special education student he was escorting fell and cut her lip 'didn't seem to match.'
Alex Gonzalez comes home from his class supervised by Lazalde with injuries including large bumps on his head.
Lazalde replied in writing a month later saying, 'I was walking right beside her. There were no obstacles in her way. ... I have no idea why she fell!' He said he took her to see the school nurse right away. He said in an interview that he did not injure Alex.
March 7 — A Pleasant Hill Elementary School teacher asked the district not to send Lazalde to the campus again after fourthgraders complained that Lazalde had shoved them into their chairs, poked them and pulled their arms. 'One (student) said he hit her,' the teacher wrote.
SOURCE: Austin school district documents
mbloom@statesman.com; 445-3620 ¡Ahora Sí! staff writer Tania Lara contributed to this story.
By Molly Bloom
AMERICAN-STATESMAN STAFF
Saturday, July 26, 2008
One Wednesday in January, 4-year-old Alex González came home from his pre-K class at Andrews Elementary School in Northeast Austin with three big bumps on his head, bruises under his arms and tears in his eyes.
Alex is autistic and communicates through gestures and guttural sounds, so his mother, Rosalía García, couldn't ask her son how he got hurt. Instead, she asked the school's assistant principal.
García says that she is still waiting for answers.
Because neither Alex's family nor school staff noticed any injuries when Alex left for school, his parents believe that their son's injuries occurred while he was in class with a substitute teacher.
The sub, a 69-year-old retired postal worker named Gilbert Lazalde, said in an interview with the American-Statesman that he did not hurt Alex and did not know how the injuries occurred.
The district's police department has closed its investigation into Alex's injuries and has not charged Lazalde with a crime.
School records show that teachers at two campuses had complained about how Lazalde treated students before Alex was injured. Lazalde was eventually terminated from his position as a substitute after teachers at four separate campuses complained about his behavior, but district records do not indicate that Alex's injuries played any part in the termination.
Though the Austin school district allows school principals to bar specific substitutes from their campuses and file administrative complaints about subs who violate campus or district rules, it has no specific policy requiring the district to fire substitutes who have amassed multiple complaints.
And though the district's substitute handbook warns substitutes that violations of any district or campus policy can result in disciplinary action, up to and including termination, Lazalde wasn't terminated until teachers at four Austin elementary schools reported accusations that he had pinched, shoved and been verbally abusive to students.
García says Alex's story shows what can happen when adults with limited teaching experience or training are put in charge of some of the most vulnerable, and often most difficult to manage, children. A substitute teacher with multiple complaints against him should never have come in contact with her son, she said.
"I can't believe they allow (those) people to work with disabled students," García, who speaks limited English, said in Spanish.
Six months after Alex was hurt, district officials, who didn't initially tell García that a substitute was supervising her son the day he was hurt, have yet to tell her what they know about the events leading to his injuries, she said.
They have also declined to release the police report on his injuries, citing state laws on the confidentiality of child abuse investigations.
Special education shortage
There are no statewide requirements for substitute teachers beyond submitting fingerprints and passing a national criminal background check to show they haven't been convicted of a violent or sexual crime against a public school student. A search of public records found that Lazalde does not have a criminal history.
The Austin school district also requires its substitutes to have at least 60 hours of college credit and attend a one-day training session, requirements similar to or more rigorous than those of most other large Texas school districts and most other Central Texas districts.
The Austin's district's substitute handbook doesn't discuss teaching students with special needs, though a 290-page supplementary manual used in substitute orientation devotes four pages to the subject. That's four more pages than the Round Rock school district's 12-page substitute teacher's handbook devotes to it.
About 860, or 27 percent, of Austin's substitutes were certified teachers in 2007-08, according to the district. Last year, 3 percent of substitutes were certified to teach special education classes, and less than 1 percent were certified bilingual teachers.
Special education and bilingual teachers are in high demand statewide, district spokesman Andy Welch said, and special education and bilingual substitute teachers also are in short supply.
In a June letter to García, associate superintendent Claudia Tousek wrote that the district's substitute office is "exploring opportunities" to offer additional workshops on working with students with special needs. District officials declined to discuss Alex's injuries with the Statesman.
Teacher responds to claims
Lazalde said that on Jan. 16 he was subbing for Alex's special education teacher when, after walking Alex from one classroom to another, he saw the bumps on Alex's head. Lazalde said that he immediately reported them to campus staff. Lazalde said that he was never alone with Alex except when he walked him from one classroom to another. Even then other teachers were in the hallway, Lazalde said.
Lazalde said he received "absolutely no training" from the district on dealing with children with special needs before he began working in the classroom.
"They never really mentioned autistic," he said. "They just said, 'Don't mess with the kids' and stuff like that."
District records show that Lazalde, who is fluent in Spanish, completed 112 substitute teaching assignments from September 2007 through March 2007, most of them in English as a Second Language or bilingual classes.
But prior to subbing in Alex's class at Andrews, Lazalde was asked by administrators in October at Allan Elementary School in East Austin and Travis Heights Elementary School in South Austin not to return to their campuses.
Teachers at both schools said Lazalde was rude and physically abusive to students, according to substitute office reports provided by the district under the Texas Public Information Act.
According to the reports, Lazalde is accused of pinching Allan students to get their attention and telling one special education student, "Shut up. What are you retarded?"
Lazalde replied to the accusations in writing, saying that he did not pinch students and didn't recall telling students to shut up.
"In Spanish I repeatedly said, 'callense' [Be quiet] and 'silencio, [Silence]' " he wrote. "I admit that I did use the word 'retarded.' I did not call the student retarded but used it in questioning his behavior."
Lazalde apologized for calling the student "retarded," saying he didn't know the student had a disability. In a letter, he told the district's substitute office that being a substitute teacher was a "hard learning experience" and asked for advice or reading materials to help him deal with difficult classroom situations.
Complaints continue
After Alex was injured at Andrews, Alex's teacher also asked that Lazalde not return. The teacher reported that another special education student Lazalde was escorting fell and cut her lip and that his explanation of how and where it happened "didn't seem to match."
In a written response to that report, Lazalde wrote that he had no idea why the girl fell. Lazalde said he immediately took her to the school nurse.
In his response, Lazalde also explained that he did "restrain a couple [students] on several occasions in an effort to gain control of them and get them to follow my directions. ... Short of using severe physical punishment (which I would never do) I don't know what other techniques I could have used."
Two months later, Lazalde was asked not to return to Pleasant Hill Elementary School after a fourth-grade teacher reported that her students complained that Lazalde had shoved them, poked them and pulled their arms.
After that complaint in March, the district removed him from their substitute list and barred him from working for the school district again.
Lazalde said he has since taken a part-time job in a field unrelated to education.
Rosalía García, Alex's mother, said that in the weeks after being injured, Alex, the eldest of her four children, was fearful of going to school. Just passing by his school bag hanging in the hallway could make him cry, she said.
Earlier this month, Alex squirmed on his father's lap, eager to get up and greet visitors to the family's apartment off Cameron Road.
Alex bore no visible, permanent scars from his injuries. But his parents are still angry that their son was hurt at school and that no one has told them for certain how he was injured. "I just want to know what happened," García said.
The accusations
Retired postal worker Gilbert Lazalde, 69, was barred from working in Austin schools after teachers at four campuses reported student complaints that he was physically and verbally abusive:
Oct. 22, 2007 —An Allan Elementary School teacher reported that students said Lazalde pinched them, told them to 'shut up' and called a special education student 'retarded.' Lazalde responded to the accusations in writing, saying that he did not pinch students and didn't recall telling students to shut up. He said he did not realize the student had any disabilities and intended to call the student's behavior, not the student himself, 'retarded.'
Oct. 25 —A Travis Heights Elementary School teacher reported that Lazalde was 'rude' to students, told them to 'shut up' several times and touched one student on the shoulder in a way the student thought was 'rough.'
Lazalde replied in writing that students were unruly — one hit him in the chest with a rock, he said — and that he was sorry he told students to shut up. Lazalde said he touched a student on the shoulder with a rolled up lesson plan to get the student's attention. 'It was not in any way "rough" or violent,' he said.
Jan. 18, 2008 —Teachers at Andrews Elementary School reported that Lazalde's explanation of how and where a special education student he was escorting fell and cut her lip 'didn't seem to match.'
Alex Gonzalez comes home from his class supervised by Lazalde with injuries including large bumps on his head.
Lazalde replied in writing a month later saying, 'I was walking right beside her. There were no obstacles in her way. ... I have no idea why she fell!' He said he took her to see the school nurse right away. He said in an interview that he did not injure Alex.
March 7 — A Pleasant Hill Elementary School teacher asked the district not to send Lazalde to the campus again after fourthgraders complained that Lazalde had shoved them into their chairs, poked them and pulled their arms. 'One (student) said he hit her,' the teacher wrote.
SOURCE: Austin school district documents
mbloom@statesman.com; 445-3620 ¡Ahora Sí! staff writer Tania Lara contributed to this story.
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.
Sunday, June 1, 2008
Police: Teacher's Aide Attacks Autistic Student
POSTED: 10:11 pm EDT May 30, 2008
UPDATED: 10:28 pm EDT May 30, 2008
COCONUT CREEK, Fla. -- A Coconut Creek teacher's aide is under investigation after an autistic student was attacked with a metal chair at school earlier this month, police said.
The 17-year-old student's mother, Sandy Teich, said her world has been turned upside down after hearing what happened to her son, Michael.
The incident happened at Monarch High School on May 6, police said. According to Teich and police, a teacher's aide threw a chair at the boy during a confrontation in the gym.
Teich said her son's injuries were minor, but the incident has taken an emotional toll. She said she has asked the school board to remove Michael from the school.
Police said they have turned the case over to prosecutors and have recommended the aide be charged with child abuse.
UPDATED: 10:28 pm EDT May 30, 2008
COCONUT CREEK, Fla. -- A Coconut Creek teacher's aide is under investigation after an autistic student was attacked with a metal chair at school earlier this month, police said.
The 17-year-old student's mother, Sandy Teich, said her world has been turned upside down after hearing what happened to her son, Michael.
The incident happened at Monarch High School on May 6, police said. According to Teich and police, a teacher's aide threw a chair at the boy during a confrontation in the gym.
Teich said her son's injuries were minor, but the incident has taken an emotional toll. She said she has asked the school board to remove Michael from the school.
Police said they have turned the case over to prosecutors and have recommended the aide be charged with child abuse.
Tuesday, May 27, 2008
Lee County Teacher Accused of Hitting Child Agrees to Settlement
May 25, 2008
news-press.com
The Florida Department of Education has agreed to a settlement with a Lee County teacher it was investigating on allegations she had hit at least two disabled students while she worked in Charlotte County.
Catherine Hile, 42, who teaches autistic students in kindergarten through second grade at Gulf Elementary in Cape Coral and the department agreed to the settlement Tuesday, according to the Florida Division of Administrative Hearings.
Terms of the settlement were not disclosed. It could not be determined Sunday whether Hile’s employment status with the Lee County School District was affected by the settlement.
The division itself closed the case Friday and canceled hearings that had been scheduled for this week in Port Charlotte.
The state investigation, which came to light in January, cost Hile a shot at the coveted Golden Apple Award, one of the highest honors a Lee County public school teacher can receive. She had been named a finalist in that competition, but her name was withdrawn after the school district informed the Foundation for Lee County Public Schools of the state probe.
The foundation runs the Golden Apple Teacher Recognition Program, which honors six Lee County teachers every year.
Hile was placed on paid suspension in the fall of 2005 while she taught at Charlotte Harbor Center, a school for children with disabilities run by the Charlotte County School District.
The News-Press reported in 2005 that Hile had been given a letter of reprimand in April 1994 when she was accused of using inappropriate language and hitting a student in the face. She also had been given a memo in November 1994 about her classroom environment. The memo said it appeared to be “unsafe.”
The Charlotte school board voted in December 2005 to accept her resignation. Assistant Superintendent Doug Whittaker said the district’s investigation produced more than enough evidence that Hile struck a student. She was accused of hitting a student three times after that child struck an autistic classmate the same number of times.
No criminal charges were filed against Hile in Charlotte County.
Hile then was hired as an exceptional student education liaison at DeSoto Middle School in Arcadia in January 2006. She was fired in March 2006 without cause under a state rule that allows teachers to be fired for any reason, or none, in their first 97 days of employment, DeSoto County schools Superintendent Adrian Cline said. That rule also allows teachers to leave a school district with no notice or reason in their first 97 days.
news-press.com
The Florida Department of Education has agreed to a settlement with a Lee County teacher it was investigating on allegations she had hit at least two disabled students while she worked in Charlotte County.
Catherine Hile, 42, who teaches autistic students in kindergarten through second grade at Gulf Elementary in Cape Coral and the department agreed to the settlement Tuesday, according to the Florida Division of Administrative Hearings.
Terms of the settlement were not disclosed. It could not be determined Sunday whether Hile’s employment status with the Lee County School District was affected by the settlement.
The division itself closed the case Friday and canceled hearings that had been scheduled for this week in Port Charlotte.
The state investigation, which came to light in January, cost Hile a shot at the coveted Golden Apple Award, one of the highest honors a Lee County public school teacher can receive. She had been named a finalist in that competition, but her name was withdrawn after the school district informed the Foundation for Lee County Public Schools of the state probe.
The foundation runs the Golden Apple Teacher Recognition Program, which honors six Lee County teachers every year.
Hile was placed on paid suspension in the fall of 2005 while she taught at Charlotte Harbor Center, a school for children with disabilities run by the Charlotte County School District.
The News-Press reported in 2005 that Hile had been given a letter of reprimand in April 1994 when she was accused of using inappropriate language and hitting a student in the face. She also had been given a memo in November 1994 about her classroom environment. The memo said it appeared to be “unsafe.”
The Charlotte school board voted in December 2005 to accept her resignation. Assistant Superintendent Doug Whittaker said the district’s investigation produced more than enough evidence that Hile struck a student. She was accused of hitting a student three times after that child struck an autistic classmate the same number of times.
No criminal charges were filed against Hile in Charlotte County.
Hile then was hired as an exceptional student education liaison at DeSoto Middle School in Arcadia in January 2006. She was fired in March 2006 without cause under a state rule that allows teachers to be fired for any reason, or none, in their first 97 days of employment, DeSoto County schools Superintendent Adrian Cline said. That rule also allows teachers to leave a school district with no notice or reason in their first 97 days.
Saturday, May 24, 2008
Teacher's aide charged with bruising 6-year-old student in Virginia
The boy's grandmother said both of his shoulders were "completely black and blue."
May 23, 2008
By Donna Alvis-Banks
A teacher's aide at Falling Branch Elementary School has been charged with a misdemeanor amid allegations he bruised a student.
Jesse Lamont Crutchfield, 34, of Blacksburg was charged with contributing to the delinquency of a minor Tuesday after a May 14 incident. The charge is punishable by a maximum of 12 months in jail and a $2,500 fine.
The 6-year-old kindergartner at the school was in a special education class, where Crutchfield served as a teacher's aide, according to the boy's grandmother and legal custodian, Debra Long.
Long said her grandson has Hirschsprung's disease, an intestinal disorder that causes an inability to control bowel movements. Long said she had informed the school earlier in the year that the boy had special needs regarding bathroom access. Long said she had noticed that her grandson's underpants were stained with dried feces in recent weeks. Long said she received a call about 1 p.m. May 14 from a school nurse who told her that her grandson "might have a little tiny bruise on his arm because one of the teachers had to get him by the arm to get him where he was supposed to go." Long said the boy told her the aide would not allow him to go to the bathroom.
"I did not think a whole lot about it," she said, noting that she did not become concerned until her grandson was getting into his pajamas later that afternoon. When he removed his shirt, she said "both of his shoulders were completely black and blue."
Long said she called the Christiansburg Police Department that evening. Police spokesman Barry O'Rourke could not be reached for comment Thursday.
"The school saw pictures of my grandson. The school board saw the pictures, also," Long said. "I went down to the school this past Monday and he [Crutchfield] was still there." Long said she is furious that the aide was allowed to remain at the school after the incident. She said she was told that he had been assigned to another classroom.
Mark Pasier, human resources director for Montgomery County schools, confirmed Thursday that Crutchfield had submitted his resignation, effective for the next school year. He said the aide, paid $9.70 per hour, had worked for the school system since August 2006.
He would not say if Crutchfield was on paid leave but did say the school was working with authorities on the matter. Pasier said he could not comment further on a personnel matter.
Falling Branch Principal Julie Vanidestine sent a letter home with students Wednesday in reference to "an incident that is a personnel matter." She said in the letter that she could not comment for that reason.
Someone answering phones at the school said Crutchfield was not there Thursday.
May 23, 2008
By Donna Alvis-Banks
A teacher's aide at Falling Branch Elementary School has been charged with a misdemeanor amid allegations he bruised a student.
Jesse Lamont Crutchfield, 34, of Blacksburg was charged with contributing to the delinquency of a minor Tuesday after a May 14 incident. The charge is punishable by a maximum of 12 months in jail and a $2,500 fine.
The 6-year-old kindergartner at the school was in a special education class, where Crutchfield served as a teacher's aide, according to the boy's grandmother and legal custodian, Debra Long.
Long said her grandson has Hirschsprung's disease, an intestinal disorder that causes an inability to control bowel movements. Long said she had informed the school earlier in the year that the boy had special needs regarding bathroom access. Long said she had noticed that her grandson's underpants were stained with dried feces in recent weeks. Long said she received a call about 1 p.m. May 14 from a school nurse who told her that her grandson "might have a little tiny bruise on his arm because one of the teachers had to get him by the arm to get him where he was supposed to go." Long said the boy told her the aide would not allow him to go to the bathroom.
"I did not think a whole lot about it," she said, noting that she did not become concerned until her grandson was getting into his pajamas later that afternoon. When he removed his shirt, she said "both of his shoulders were completely black and blue."
Long said she called the Christiansburg Police Department that evening. Police spokesman Barry O'Rourke could not be reached for comment Thursday.
"The school saw pictures of my grandson. The school board saw the pictures, also," Long said. "I went down to the school this past Monday and he [Crutchfield] was still there." Long said she is furious that the aide was allowed to remain at the school after the incident. She said she was told that he had been assigned to another classroom.
Mark Pasier, human resources director for Montgomery County schools, confirmed Thursday that Crutchfield had submitted his resignation, effective for the next school year. He said the aide, paid $9.70 per hour, had worked for the school system since August 2006.
He would not say if Crutchfield was on paid leave but did say the school was working with authorities on the matter. Pasier said he could not comment further on a personnel matter.
Falling Branch Principal Julie Vanidestine sent a letter home with students Wednesday in reference to "an incident that is a personnel matter." She said in the letter that she could not comment for that reason.
Someone answering phones at the school said Crutchfield was not there Thursday.
Tuesday, May 20, 2008
Oldham County school at odds with parents of autistic boy
May 19, 2008
Charges met by countercharges
By Deborah Yetter
mailto:mdyetter@courier-journal.com
Oldham County school officials say they will seek truancy charges against a Centerfield couple who removed their autistic son from his public elementary school after learning he'd been locked repeatedly in a small "time-out" room.
Jeanie Montgomery, who pulled her 9-year-old son, Matthew, from Crestwood Elementary on March 31, had requested home educational services for him for the rest of the school year, citing his medical and psychological problems, as well as concerns about cuts and scrapes he received at school. She said she has reported those concerns to state child-abuse authorities.
State law allows school districts to provide homebound services for children whose families prove that an illness or disability makes it inadvisable for them to go to school.
But Oldham officials rejected Montgomery's request, and on May 8 they sent her and her husband, Robert, a "final notice" warning that school officials would take them to court if Matthew wasn't returned to school, according to a copy of the letter the family provided The Courier-Journal.
Jeanie Montgomery said she and her husband have no plans to comply.
"I don't think Matthew needs to be in that environment," she said. "I think it's been very damaging to him."
Oldham County school spokeswoman Rebecca DeSensi confirmed that the school system plans to seek charges. She said school officials don't believe Matthew qualifies for home services and said state child-abuse investigators have not reported that he is in any danger if he returns to finish out the school year, which ends June 5.
"That's why we are expecting him to be in school," she said.
Oldham County policy deems a student truant after six unexcused absences. Matthew has accumulated 22 unexcused absences from March 31 through May 7, according to the school system's May 8 final notice to Montgomery.
DeSensi said the school system applies the policy to all children.
"The state says kids must be in school," she said.
But Montgomery said she believes Matthew was mistreated at school, including being placed nearly 80 times in the time-out room last fall, sometimes locked in. On his last day of school, March 28, Montgomery said Matthew came home with injuries including abrasions that Kosair Children's Hospital reported to authorities as possible abuse.
DeSensi said state investigators have not told the school system anything about their investigation -- including whether they have reached any conclusions. State officials have told
The Courier-Journal they can't comment because of confidentiality laws.
DeSensi and Anne Coorssen, general counsel for the Oldham school system, discussed many specifics of Matthew's case in an interview Wednesday, including the decision to deny him home services.
But they said they could provide more information if Matthew's mother would sign a release. Montgomery declined, saying she has lost trust in the school system and isn't willing to sign any documents they produce.
Oldham County Attorney John Fendley, who handles truancy prosecutions, said the case hasn't reached his office. But generally, he said, parents reported to him by the school system are charged with the misdemeanor offense of unlawful transaction with a minor.
The penalty is up to one year in jail and a $500 fine.
"These are not easy cases, believe me," said Fendley, adding that he evaluates each case before deciding how to proceed. "This autism situation is going to be a difficult one."
Matthew is considered severely autistic and has limited speech, but his private therapists who work with him at home say he is intelligent and capable of learning. Matthew had been in a class with other autistic students at Crestwood Elementary but recently had been receiving much of his instruction alone in a separate classroom, according to his mother and therapists.
Position elicits surprise
The school system's intent to seek charges against the parents shocked Terry Brooks, executive director of Kentucky Youth Advocates and a former educator and high school principal.
"That's amazing," he said. "I would hope that the school system would reconsider its position and focus on the best interests of the child."
State law gives local school districts broad discretion on whether to offer home services, said Lisa Gross, a spokeswoman for the state Education Department.
"It's all about what's appropriate for the particular child's need," she said. "It really is a local issue."
In Jefferson County, about 4,200 of the public school system's 98,000 students -- about one out of 23 -- received home educational services this year, according to school officials.
In Oldham, 35 of the system's 12,000 students -- about one out of 340 -- were approved for home services this year, DeSensi said.
To receive home services, state law requires a signed physician's statement that the child's condition "prevents or renders inadvisable attendance at school."
Montgomery said she has provided two such letters from Matthew's pediatricians, the last one asking for more time for an independent psychological examination of the child.
A March 28 letter from Dr. Jeff Wampler, with All Children Pediatrics, cited Matthew's autism and other health issues, including allergies and gastrointestinal problems, as a reason for requesting temporary homebound services. On an application the school requested, Wampler also cited "investigation for abuse at school."
In a follow-up letter to Oldham school officials on May 1, Dr. Jeffrey Burton said he believes Matthew may be suffering from fear and stress over his experiences at school and requested time for a psychologist's evaluation.
"I would encourage you to allow Matthew's parents more time and latitude before you start any type of legal proceeding," Burton wrote.
But Coorssen said the school system does not believe the physicians' letters adequately detailed Matthew's medical problems.
"Those are just blanket statements you can get from anybody," she said.
School defends itself
DeSensi said Oldham school Superintendent Paul S. Upchurch would not comment on the case because he does not talk to reporters. But she said he believes the district has handled
Matthew's case appropriately.
"The superintendent believes that all Oldham County schools are safe," DeSensi said. "We have excellent services for all of our special-needs children."
Montgomery disagrees.
"Everyone's got such a wonderful perception of Oldham County schools," she said. "If you have a special-needs kid, they are not doing their job, as far as I'm concerned."
Montgomery said she met with school officials repeatedly to try to resolve the situation before deciding to remove Matthew. She said she, her lawyer and a therapist met again with school officials for about 10 hours over two days last week in an unsuccessful attempt to agree on an educational plan.
Montgomery said school officials offered to transfer Matthew to another school -- but only if the same special-needs teacher accompanied him. Montgomery said she wouldn't agree to that.
She said school officials also insisted they needed to continue use of a time-out room for misbehavior, which Montgomery and Meghan Launius, a therapist who works with Matthew at home, said is nothing more than an empty, poorly lit closet.
School officials cited Matthew's aggressive behavior -- hitting, scratching or trying to bite staff -- as the reason they need to continue use of the time-out room, said Montgomery and Launius, who also attended the meeting.
"They seem to believe that because his behaviors are getting worse, it's okay to be more punitive," Launius said. "I think he's acting that way because they are acting more punitive."
School records the family obtained showed that Matthew had been placed in the time-out room nearly 80 times last fall.
School officials removed a lock on the room after Montgomery observed a teacher releasing Matthew from there during an unexpected visit to his classroom in November.
Before that, Montgomery said she hadn't realized Matthew was being locked in the small room and thought time-out meant he was being isolated in his classroom.
Coorssen said in April that school officials didn't know who put the lock on the time-out room door, but had ordered it removed and were investigating how it got there. She said Wednesday the investigation is continuing.
Montgomery said her next step is to pursue a formal complaint with the state Education Department, alleging Matthew is being denied appropriate educational services.
Meanwhile, she said she is prepared to defend herself against possible truancy charges.
"I really think they thought I was going to be scared of them, but I'm not," she said. "I know they've made some huge mistakes."
Reporter Deborah Yetter can be reached at (502) 582-4228.
Charges met by countercharges
By Deborah Yetter
mailto:mdyetter@courier-journal.com
Oldham County school officials say they will seek truancy charges against a Centerfield couple who removed their autistic son from his public elementary school after learning he'd been locked repeatedly in a small "time-out" room.
Jeanie Montgomery, who pulled her 9-year-old son, Matthew, from Crestwood Elementary on March 31, had requested home educational services for him for the rest of the school year, citing his medical and psychological problems, as well as concerns about cuts and scrapes he received at school. She said she has reported those concerns to state child-abuse authorities.
State law allows school districts to provide homebound services for children whose families prove that an illness or disability makes it inadvisable for them to go to school.
But Oldham officials rejected Montgomery's request, and on May 8 they sent her and her husband, Robert, a "final notice" warning that school officials would take them to court if Matthew wasn't returned to school, according to a copy of the letter the family provided The Courier-Journal.
Jeanie Montgomery said she and her husband have no plans to comply.
"I don't think Matthew needs to be in that environment," she said. "I think it's been very damaging to him."
Oldham County school spokeswoman Rebecca DeSensi confirmed that the school system plans to seek charges. She said school officials don't believe Matthew qualifies for home services and said state child-abuse investigators have not reported that he is in any danger if he returns to finish out the school year, which ends June 5.
"That's why we are expecting him to be in school," she said.
Oldham County policy deems a student truant after six unexcused absences. Matthew has accumulated 22 unexcused absences from March 31 through May 7, according to the school system's May 8 final notice to Montgomery.
DeSensi said the school system applies the policy to all children.
"The state says kids must be in school," she said.
But Montgomery said she believes Matthew was mistreated at school, including being placed nearly 80 times in the time-out room last fall, sometimes locked in. On his last day of school, March 28, Montgomery said Matthew came home with injuries including abrasions that Kosair Children's Hospital reported to authorities as possible abuse.
DeSensi said state investigators have not told the school system anything about their investigation -- including whether they have reached any conclusions. State officials have told
The Courier-Journal they can't comment because of confidentiality laws.
DeSensi and Anne Coorssen, general counsel for the Oldham school system, discussed many specifics of Matthew's case in an interview Wednesday, including the decision to deny him home services.
But they said they could provide more information if Matthew's mother would sign a release. Montgomery declined, saying she has lost trust in the school system and isn't willing to sign any documents they produce.
Oldham County Attorney John Fendley, who handles truancy prosecutions, said the case hasn't reached his office. But generally, he said, parents reported to him by the school system are charged with the misdemeanor offense of unlawful transaction with a minor.
The penalty is up to one year in jail and a $500 fine.
"These are not easy cases, believe me," said Fendley, adding that he evaluates each case before deciding how to proceed. "This autism situation is going to be a difficult one."
Matthew is considered severely autistic and has limited speech, but his private therapists who work with him at home say he is intelligent and capable of learning. Matthew had been in a class with other autistic students at Crestwood Elementary but recently had been receiving much of his instruction alone in a separate classroom, according to his mother and therapists.
Position elicits surprise
The school system's intent to seek charges against the parents shocked Terry Brooks, executive director of Kentucky Youth Advocates and a former educator and high school principal.
"That's amazing," he said. "I would hope that the school system would reconsider its position and focus on the best interests of the child."
State law gives local school districts broad discretion on whether to offer home services, said Lisa Gross, a spokeswoman for the state Education Department.
"It's all about what's appropriate for the particular child's need," she said. "It really is a local issue."
In Jefferson County, about 4,200 of the public school system's 98,000 students -- about one out of 23 -- received home educational services this year, according to school officials.
In Oldham, 35 of the system's 12,000 students -- about one out of 340 -- were approved for home services this year, DeSensi said.
To receive home services, state law requires a signed physician's statement that the child's condition "prevents or renders inadvisable attendance at school."
Montgomery said she has provided two such letters from Matthew's pediatricians, the last one asking for more time for an independent psychological examination of the child.
A March 28 letter from Dr. Jeff Wampler, with All Children Pediatrics, cited Matthew's autism and other health issues, including allergies and gastrointestinal problems, as a reason for requesting temporary homebound services. On an application the school requested, Wampler also cited "investigation for abuse at school."
In a follow-up letter to Oldham school officials on May 1, Dr. Jeffrey Burton said he believes Matthew may be suffering from fear and stress over his experiences at school and requested time for a psychologist's evaluation.
"I would encourage you to allow Matthew's parents more time and latitude before you start any type of legal proceeding," Burton wrote.
But Coorssen said the school system does not believe the physicians' letters adequately detailed Matthew's medical problems.
"Those are just blanket statements you can get from anybody," she said.
School defends itself
DeSensi said Oldham school Superintendent Paul S. Upchurch would not comment on the case because he does not talk to reporters. But she said he believes the district has handled
Matthew's case appropriately.
"The superintendent believes that all Oldham County schools are safe," DeSensi said. "We have excellent services for all of our special-needs children."
Montgomery disagrees.
"Everyone's got such a wonderful perception of Oldham County schools," she said. "If you have a special-needs kid, they are not doing their job, as far as I'm concerned."
Montgomery said she met with school officials repeatedly to try to resolve the situation before deciding to remove Matthew. She said she, her lawyer and a therapist met again with school officials for about 10 hours over two days last week in an unsuccessful attempt to agree on an educational plan.
Montgomery said school officials offered to transfer Matthew to another school -- but only if the same special-needs teacher accompanied him. Montgomery said she wouldn't agree to that.
She said school officials also insisted they needed to continue use of a time-out room for misbehavior, which Montgomery and Meghan Launius, a therapist who works with Matthew at home, said is nothing more than an empty, poorly lit closet.
School officials cited Matthew's aggressive behavior -- hitting, scratching or trying to bite staff -- as the reason they need to continue use of the time-out room, said Montgomery and Launius, who also attended the meeting.
"They seem to believe that because his behaviors are getting worse, it's okay to be more punitive," Launius said. "I think he's acting that way because they are acting more punitive."
School records the family obtained showed that Matthew had been placed in the time-out room nearly 80 times last fall.
School officials removed a lock on the room after Montgomery observed a teacher releasing Matthew from there during an unexpected visit to his classroom in November.
Before that, Montgomery said she hadn't realized Matthew was being locked in the small room and thought time-out meant he was being isolated in his classroom.
Coorssen said in April that school officials didn't know who put the lock on the time-out room door, but had ordered it removed and were investigating how it got there. She said Wednesday the investigation is continuing.
Montgomery said her next step is to pursue a formal complaint with the state Education Department, alleging Matthew is being denied appropriate educational services.
Meanwhile, she said she is prepared to defend herself against possible truancy charges.
"I really think they thought I was going to be scared of them, but I'm not," she said. "I know they've made some huge mistakes."
Reporter Deborah Yetter can be reached at (502) 582-4228.
Saturday, March 15, 2008
Athens educator put on leave for allegedly striking special education student
By Rich Flowers
March 11, 2008
Athens Daily News, Athens, TX
An Athens Middle School teacher has been placed on paid administrative leave while the school district investigates an allegation she struck a middle school student. Superintendent Dr. Fred Hayes did not identify the teacher under investigation, but said the complaint involves a special education teacher with 17 years experience and a 13-year-old boy.
“The allegation is that the teacher struck the student after he head-butted her. She popped him in the back of the head with an open hand,” Hayes said. “We take it very seriously. We’re dealing with it.”
The teacher was not escorted from the campus, but has been removed from the classroom. Hayes said there had been no prior allegations of student abuse concerning the teacher.
“She will remain on paid leave until we complete the investigation,” Hayes said. “The investigation involves one particular incident and one particular student. Even though it’s very important, I don’t want anyone to think th ere was widespread abuse going on.”
The incident allegedly occurred March 5 and the investigation began the following afternoon. Hayes is conducting the probe in conjunction with the special education department.
“I’m anticipating that probably by Wednesday we should have it wrapped up,” Hayes said of the investigation. “We never like to deal with anything like this. You hope that no teacher would ever strike a student even if it’s a reaction like to being head-butted. In a special ed situation where the student is more apt to hit you, sometimes there’s a response. But if there is, there’s a consequence.”
The complaint came from a nurse who said she witnessed the incident. He said the nurse meets with the child in the classroom a couple of times a week. The nurse told the parents, who in turn told the principal. From there the message was relayed to Hayes.
“Anytime you have something like this, there are rumors out there that are rampant. I would like to have people understand that our job is to keep your child safe,” Hayes said. “We’re going to do everything we can to do that. Sometimes, unfortunately, that means removing the teacher from the classroom, such as in this case.”
If the investigation should result in the termination of the teacher, Hayes said, the information would be forwarded to the state agency that governs teacher employment. The agency would make the determination concerning whether the teacher could be employed elsewhere.
March 11, 2008
Athens Daily News, Athens, TX
An Athens Middle School teacher has been placed on paid administrative leave while the school district investigates an allegation she struck a middle school student. Superintendent Dr. Fred Hayes did not identify the teacher under investigation, but said the complaint involves a special education teacher with 17 years experience and a 13-year-old boy.
“The allegation is that the teacher struck the student after he head-butted her. She popped him in the back of the head with an open hand,” Hayes said. “We take it very seriously. We’re dealing with it.”
The teacher was not escorted from the campus, but has been removed from the classroom. Hayes said there had been no prior allegations of student abuse concerning the teacher.
“She will remain on paid leave until we complete the investigation,” Hayes said. “The investigation involves one particular incident and one particular student. Even though it’s very important, I don’t want anyone to think th ere was widespread abuse going on.”
The incident allegedly occurred March 5 and the investigation began the following afternoon. Hayes is conducting the probe in conjunction with the special education department.
“I’m anticipating that probably by Wednesday we should have it wrapped up,” Hayes said of the investigation. “We never like to deal with anything like this. You hope that no teacher would ever strike a student even if it’s a reaction like to being head-butted. In a special ed situation where the student is more apt to hit you, sometimes there’s a response. But if there is, there’s a consequence.”
The complaint came from a nurse who said she witnessed the incident. He said the nurse meets with the child in the classroom a couple of times a week. The nurse told the parents, who in turn told the principal. From there the message was relayed to Hayes.
“Anytime you have something like this, there are rumors out there that are rampant. I would like to have people understand that our job is to keep your child safe,” Hayes said. “We’re going to do everything we can to do that. Sometimes, unfortunately, that means removing the teacher from the classroom, such as in this case.”
If the investigation should result in the termination of the teacher, Hayes said, the information would be forwarded to the state agency that governs teacher employment. The agency would make the determination concerning whether the teacher could be employed elsewhere.
Friday, March 14, 2008
Suits ask Mason schools be held liable for teacher's abusive actions
3/14/2008 7:00 AM
By Lawrence Smith -Mason Bureau
The West Virginia Record
POINT PLEASANT - The Mason County Board of Education has been named as a co-defendant in two civil suits alleging responsibility for injuries two special needs students suffered at the hands of their teacher.
That teacher, who is named a co-defendant, has a pending suit against the Board challenging an administrative law judge's decision upholding the Board's decision terminating her for the alleged acts.
On Dec. 19, two Mason County residents, identified only as M.F. and A.C., filed separate lawsuits alleging their children, identified only as C.F. and J.C., respectively, were improperly disciplined by their New Haven Elementary preschool teacher, Katherine Parrish. According to the suits, which are identical in wording expect for the names involved, the infants suffered "physical and emotional abuse" as a result of Parrish's actions.
In their complaint and suit, filed with the assistance of Matthew L. Clark, with the Point Pleasant law firm of Kayser, Layne and Clark, the residents allege that Parrish on several occasions between August and December 2006, "placed the infant [C.F/J.C] into a body sock, which brutally restrained [C.F./J.C.] in an abusive manner inconsistent with the child's Individualized Educational Plan or any accepted teaching practice."
Also, the suits allege Parrish, "covered the infant's face and head in an unreasonable manner for an undetermined amount of time while [C.F./J.C.] was restrained in the body sock." During the time they were each restrained, eyewitnesses observed Parrish leave the room.
Likewise, eyewitnesses observed Parrish "pick up [C.F./J.C.] and slam [C.F/J.C] down on the bleachers in an abusive manner." Because of the "physical and mental abuse [C.F./J.C.] suffered at the hands of Katherine Parrish, [C.F./J.C.] frequently recalls the abusive events and becomes frightened, and utters phrases consistent with the abuse endured," the suits allege.
According to court records, Parrish's actions where not halted until Susan Howard, a teacher's aide, reported it to the Board on Dec. 14, 2006. However, Clark says the school's principal, Robert Vaughan, was alerted to this matter a week earlier, but did nothing."
Defendant, Principal Robert Vaughan's inaction allowed the emotional and physical abuse of Defendant, Katherine Parrish, to continue until the Mason County Board of Education suspended and eventually terminated the employment of Defendant, Katherine Parrish," Clark said.
Because of his alleged inaction, Vaughan is named a co-defendant in the suits.
According to court records, the Board terminated Parrish, who lives in Ripley, on Jan. 18, 2007. On July 9, the West Virginia Education and State Employees Grievance Board upheld the school board's decision.
In the suit, Clark alleges that the actions of the three defendants has resulted in the infants to incur "Physical pain and suffering; Medical bills and costs; Mental pain, Suffering and anguish; Anxiety; and Loss of ability to enjoy life."
As compensation, Clark is asking that the three defendants be held jointly and severally liable for their actions so the infants may be awarded "an amount above and beyond the jurisdictional limits of this Honorable Court with prejudgment interest at the legal rate set forth by statute, post judgment interest, costs and attorneys fees incurred in the prosecution of this action."
"Further," Clark added, "Plaintiff[s] demand judgment against Defendant Katherine Parrish, for exemplary and punitive damages in an amount to be decided by a jury, and such further relief as the Court may order just and proper."
Teacher challenging termination
Though the suit was filed in December, neither of defendants has filed a reply. However, in a separate lawsuit, Parrish has challenged her termination.
As first reported by the West Virginia Record, Parrish, with the assistance of James M. Casey and Jeremy Vickers of the Casey Law Offices in Point Pleasant, filed an appeal of the Grievance Board's decision to Mason Circuit Court on Aug. 8. Casey and Vickers challenged personal observations Denise M. Spatafore, the administrative law judge, made in her ruling as "arbitrary, capricious and characterized by abuse of discretion and clearly warranted exercise of discretion."
Other than the Board via its attorney Gregory W. Bailey with Bowles, Rice, McDavid, Graff and Love's Morgantown office filing a motion to dismiss on Aug. 13, and Casey and Vickers submitting the entire record of the Grievance Board's finding into the court record on Oct. 25, no new action has been taken in the case.
All three cases are before Mason Circuit Judge David W. Nibert.
Mason Circuit Court, Case Nos. 07-C-191 (M.F., as guardian and next of kin to C.F.), 07-C-192 (A.C., as guardian and next friend of J.C.) and 07-AA-119 (Parrish)
By Lawrence Smith -Mason Bureau
The West Virginia Record
POINT PLEASANT - The Mason County Board of Education has been named as a co-defendant in two civil suits alleging responsibility for injuries two special needs students suffered at the hands of their teacher.
That teacher, who is named a co-defendant, has a pending suit against the Board challenging an administrative law judge's decision upholding the Board's decision terminating her for the alleged acts.
On Dec. 19, two Mason County residents, identified only as M.F. and A.C., filed separate lawsuits alleging their children, identified only as C.F. and J.C., respectively, were improperly disciplined by their New Haven Elementary preschool teacher, Katherine Parrish. According to the suits, which are identical in wording expect for the names involved, the infants suffered "physical and emotional abuse" as a result of Parrish's actions.
In their complaint and suit, filed with the assistance of Matthew L. Clark, with the Point Pleasant law firm of Kayser, Layne and Clark, the residents allege that Parrish on several occasions between August and December 2006, "placed the infant [C.F/J.C] into a body sock, which brutally restrained [C.F./J.C.] in an abusive manner inconsistent with the child's Individualized Educational Plan or any accepted teaching practice."
Also, the suits allege Parrish, "covered the infant's face and head in an unreasonable manner for an undetermined amount of time while [C.F./J.C.] was restrained in the body sock." During the time they were each restrained, eyewitnesses observed Parrish leave the room.
Likewise, eyewitnesses observed Parrish "pick up [C.F./J.C.] and slam [C.F/J.C] down on the bleachers in an abusive manner." Because of the "physical and mental abuse [C.F./J.C.] suffered at the hands of Katherine Parrish, [C.F./J.C.] frequently recalls the abusive events and becomes frightened, and utters phrases consistent with the abuse endured," the suits allege.
According to court records, Parrish's actions where not halted until Susan Howard, a teacher's aide, reported it to the Board on Dec. 14, 2006. However, Clark says the school's principal, Robert Vaughan, was alerted to this matter a week earlier, but did nothing."
Defendant, Principal Robert Vaughan's inaction allowed the emotional and physical abuse of Defendant, Katherine Parrish, to continue until the Mason County Board of Education suspended and eventually terminated the employment of Defendant, Katherine Parrish," Clark said.
Because of his alleged inaction, Vaughan is named a co-defendant in the suits.
According to court records, the Board terminated Parrish, who lives in Ripley, on Jan. 18, 2007. On July 9, the West Virginia Education and State Employees Grievance Board upheld the school board's decision.
In the suit, Clark alleges that the actions of the three defendants has resulted in the infants to incur "Physical pain and suffering; Medical bills and costs; Mental pain, Suffering and anguish; Anxiety; and Loss of ability to enjoy life."
As compensation, Clark is asking that the three defendants be held jointly and severally liable for their actions so the infants may be awarded "an amount above and beyond the jurisdictional limits of this Honorable Court with prejudgment interest at the legal rate set forth by statute, post judgment interest, costs and attorneys fees incurred in the prosecution of this action."
"Further," Clark added, "Plaintiff[s] demand judgment against Defendant Katherine Parrish, for exemplary and punitive damages in an amount to be decided by a jury, and such further relief as the Court may order just and proper."
Teacher challenging termination
Though the suit was filed in December, neither of defendants has filed a reply. However, in a separate lawsuit, Parrish has challenged her termination.
As first reported by the West Virginia Record, Parrish, with the assistance of James M. Casey and Jeremy Vickers of the Casey Law Offices in Point Pleasant, filed an appeal of the Grievance Board's decision to Mason Circuit Court on Aug. 8. Casey and Vickers challenged personal observations Denise M. Spatafore, the administrative law judge, made in her ruling as "arbitrary, capricious and characterized by abuse of discretion and clearly warranted exercise of discretion."
Other than the Board via its attorney Gregory W. Bailey with Bowles, Rice, McDavid, Graff and Love's Morgantown office filing a motion to dismiss on Aug. 13, and Casey and Vickers submitting the entire record of the Grievance Board's finding into the court record on Oct. 25, no new action has been taken in the case.
All three cases are before Mason Circuit Judge David W. Nibert.
Mason Circuit Court, Case Nos. 07-C-191 (M.F., as guardian and next of kin to C.F.), 07-C-192 (A.C., as guardian and next friend of J.C.) and 07-AA-119 (Parrish)
Sunday, March 9, 2008
Lawsuit: Readington school aides failed to report abuse by teacher
by Ralph R. Ortega/The Star-Ledger
Wednesday March 05, 2008, 5:41 PM
Paraprofessionals and school aides failed to report the alleged physical and emotional abuse of special needs children by a teacher at a Hunterdon County school over a two-year period, according to a lawsuit filed by parents of one of the students.
According to the lawsuit, the child was struck, grabbed, pushed, pinched, restrained, assaulted, battered and locked in a bathroom while attending a morning preschool autism class at the Readington School District during the 2004 and 2005 academic years.
The teacher accused of causing the abuse resigned after the problem was eventually reported to the administration of the Three Bridges School, according to the suit.
The suit, filed Tuesday at the Hunterdon County Courthouse in Flemington, does not detail how many children were allegedly abused. The suit claimed paraprofessionals and school aides witnessed the alleged abuse over the two-year period and failed to report it because they had not been trained on how to do so.
Readington Superintendent Jorden Schiff said a reporting system is now in place, but declined to comment specifically on the suit.
State regulations require that child abuse be reported to the Division of Youth and Family Services. Lisa Eastwood, an attorney for the parents who filed the suit, said a complaint against the teacher was made with DYFS after the alleged abuses were reported, but that finding of abuse was reversed on Friday.
The parents who filed the suit still maintain there was abuse, Eastwood said.
Read more in Thursday's Star-Ledger.
Wednesday March 05, 2008, 5:41 PM
Paraprofessionals and school aides failed to report the alleged physical and emotional abuse of special needs children by a teacher at a Hunterdon County school over a two-year period, according to a lawsuit filed by parents of one of the students.
According to the lawsuit, the child was struck, grabbed, pushed, pinched, restrained, assaulted, battered and locked in a bathroom while attending a morning preschool autism class at the Readington School District during the 2004 and 2005 academic years.
The teacher accused of causing the abuse resigned after the problem was eventually reported to the administration of the Three Bridges School, according to the suit.
The suit, filed Tuesday at the Hunterdon County Courthouse in Flemington, does not detail how many children were allegedly abused. The suit claimed paraprofessionals and school aides witnessed the alleged abuse over the two-year period and failed to report it because they had not been trained on how to do so.
Readington Superintendent Jorden Schiff said a reporting system is now in place, but declined to comment specifically on the suit.
State regulations require that child abuse be reported to the Division of Youth and Family Services. Lisa Eastwood, an attorney for the parents who filed the suit, said a complaint against the teacher was made with DYFS after the alleged abuses were reported, but that finding of abuse was reversed on Friday.
The parents who filed the suit still maintain there was abuse, Eastwood said.
Read more in Thursday's Star-Ledger.
Saturday, March 8, 2008
Teen Says Teacher Threw Him to the Floor
March 8, 2008
By NATALIA MIELCZAREK
Staff Writer
The Tennessean.com
The parents of a 14-year-old boy say he sustained face injuries, including carpet burns and swelling, after his teacher threw him to the floor Wednesday morning.
Donovan Marshall has attended Genesis Academy in Nashville since July, said his mother, Angelique Harris. The 24-year-old private school works with students who have emotional, mental and behavioral issues.
The school's executive direc tor, Terry Adams, declined to comment on the particulars of the case, citing privacy laws. He said the school investigates all incidents.
"I don't think anything was done deliberately, and I certainly think that the employee in this position feels incredible remorse (and) is very dedicated to kids," Adams said. "We're taking very strict disciplinary actions. We don't take it lightly whenever there's a parent complaint."
Adams declined to elaborate on what disciplinary actions have been taken toward the teacher, known only as "Mr. Bolton" because of privacy laws. Harris did not know the teacher's first name.
Adams confirmed Bolton is still employed at the school, and said school officials will meet with the family Monday.
Police report filed
Donovan has been diagnosed with attention deficit hyperactivity disorder and bipolar disorder, his mother said. Bolton told the boy Wednesday morning to go to seclusion because he paced, which is a way for him to relieve stress, Harris said. Bolton allegedly threw him to the floor when he wouldn't go.
"I don't know if Donovan pulled away from him, but he didn't put up a fight," Harris said. "Donovan doesn't lie; if he did something wrong he would have said it. … I want that teacher to not be able to work with kids."
Harris filed a police report after her son got home. Metro police's youth services division is investigating the case, said Kristin Mumford, police spokeswoman. Investigators will interview Bolton at the school. He hasn't been charged with any crime, she said.
By NATALIA MIELCZAREK
Staff Writer
The Tennessean.com
The parents of a 14-year-old boy say he sustained face injuries, including carpet burns and swelling, after his teacher threw him to the floor Wednesday morning.
Donovan Marshall has attended Genesis Academy in Nashville since July, said his mother, Angelique Harris. The 24-year-old private school works with students who have emotional, mental and behavioral issues.
The school's executive direc tor, Terry Adams, declined to comment on the particulars of the case, citing privacy laws. He said the school investigates all incidents.
"I don't think anything was done deliberately, and I certainly think that the employee in this position feels incredible remorse (and) is very dedicated to kids," Adams said. "We're taking very strict disciplinary actions. We don't take it lightly whenever there's a parent complaint."
Adams declined to elaborate on what disciplinary actions have been taken toward the teacher, known only as "Mr. Bolton" because of privacy laws. Harris did not know the teacher's first name.
Adams confirmed Bolton is still employed at the school, and said school officials will meet with the family Monday.
Police report filed
Donovan has been diagnosed with attention deficit hyperactivity disorder and bipolar disorder, his mother said. Bolton told the boy Wednesday morning to go to seclusion because he paced, which is a way for him to relieve stress, Harris said. Bolton allegedly threw him to the floor when he wouldn't go.
"I don't know if Donovan pulled away from him, but he didn't put up a fight," Harris said. "Donovan doesn't lie; if he did something wrong he would have said it. … I want that teacher to not be able to work with kids."
Harris filed a police report after her son got home. Metro police's youth services division is investigating the case, said Kristin Mumford, police spokeswoman. Investigators will interview Bolton at the school. He hasn't been charged with any crime, she said.
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
Sarasota School District reacts to child abuse charges
Updated: Feb 22, 2008 11:35 AM EST
VENICE - Sarasota County School Board releases statement about charges of child abuse at Venice Elementary School:
Venice Elementary School teacher Diana O'Neill surrendered to Venice police Thursday evening in connection with allegations that she may have physically abused students in her class.
Other staff members at the school reported that they had witnessed O'Neill engaging in behavior with students that could be considered abusive. Principal Theresa Baus reported the allegations to the Florida Department of Children and Families in late January. O'Neill was placed on administrative leave immediately, pending further investigation. The Sarasota County School district cooperated fully with the Venice Police and DCF investigations.
The results of the DCF investigation indicated that charges were warranted. A probable cause affidavit was issued Feb. 21 by the Florida State Attorney's office.
Sarasota County Schools Superintendent Gary Norris said the district typically suspends any administrative inquiry during a DCF or police investigation to avoid interfering with those proceedings. Once the police investigation is concluded, the district conducts an investigation to determine if disciplinary action is warranted independent of the resolution of the legal case.
"Action may be necessary to respond to professional misconduct even in cases where an individual is not convicted of a crime," Norris said. "Obviously teachers and other school staff must be held to the highest possible standards in matters of student safety and well-being."
Requests for information about criminal charges against O'Neill are being referred to Captain Tom McNulty of the Venice Police Department
VENICE - Sarasota County School Board releases statement about charges of child abuse at Venice Elementary School:
Venice Elementary School teacher Diana O'Neill surrendered to Venice police Thursday evening in connection with allegations that she may have physically abused students in her class.
Other staff members at the school reported that they had witnessed O'Neill engaging in behavior with students that could be considered abusive. Principal Theresa Baus reported the allegations to the Florida Department of Children and Families in late January. O'Neill was placed on administrative leave immediately, pending further investigation. The Sarasota County School district cooperated fully with the Venice Police and DCF investigations.
The results of the DCF investigation indicated that charges were warranted. A probable cause affidavit was issued Feb. 21 by the Florida State Attorney's office.
Sarasota County Schools Superintendent Gary Norris said the district typically suspends any administrative inquiry during a DCF or police investigation to avoid interfering with those proceedings. Once the police investigation is concluded, the district conducts an investigation to determine if disciplinary action is warranted independent of the resolution of the legal case.
"Action may be necessary to respond to professional misconduct even in cases where an individual is not convicted of a crime," Norris said. "Obviously teachers and other school staff must be held to the highest possible standards in matters of student safety and well-being."
Requests for information about criminal charges against O'Neill are being referred to Captain Tom McNulty of the Venice Police Department
Sunday, February 10, 2008
Parents Battle Special Ed. Program After Student is Seriously Injured
Updated: Feb 8, 2008 12:16 AM EST
By Natalie Arnold
A group of parents is refusing to send their children back to the special education program at a Neenah elementary school after one student was seriously injured by a teacher.
So far everyone agrees it was an accident but the parents say this was not the first time their children have been hurt, and they are demanding a change.
Even though her daughter is ten, Ann Lutz feels that day care would be much better for Nicole than a Neenah public school.
"I've lost complete trust in the school, the staff, and actually the school district," Lutz said.
Two months ago, a teacher at Coolidge Elementary broke Nicole's jaw when he tried to remove her from a piece of equipment that helps disabled children stand.
"Nicole's teeth, gum, and the bone that the teeth are into completely came out of her mouth," Lutz described.
As soon as two other parents found out, they took their children out of school, too. All say their kids have been hurt in the past.
"I told Ann I would not send Brittany back to school until something is done. Something has to be done," parent Christine Becker said.
Despite claims to the contrary, as far as the district is concerned, what happened to Lutz's daughter was an isolated incident. Officials defend the teacher and the program.
Anne Lang is director of pupil services. "There really wasn't anything that was done wrong in terms of, as I said, negligence of that sort. We really feel that the teacher has been doing a great job. The educational assistants have been spoken to."
The parents say that's just not true. They won't bring their kids back until there's a change. The best option, they believe, would be a complete change in staff.
"I'm just amazed at the response of the school system. I'm really disappointed," Lutz said.
By Natalie Arnold
A group of parents is refusing to send their children back to the special education program at a Neenah elementary school after one student was seriously injured by a teacher.
So far everyone agrees it was an accident but the parents say this was not the first time their children have been hurt, and they are demanding a change.
Even though her daughter is ten, Ann Lutz feels that day care would be much better for Nicole than a Neenah public school.
"I've lost complete trust in the school, the staff, and actually the school district," Lutz said.
Two months ago, a teacher at Coolidge Elementary broke Nicole's jaw when he tried to remove her from a piece of equipment that helps disabled children stand.
"Nicole's teeth, gum, and the bone that the teeth are into completely came out of her mouth," Lutz described.
As soon as two other parents found out, they took their children out of school, too. All say their kids have been hurt in the past.
"I told Ann I would not send Brittany back to school until something is done. Something has to be done," parent Christine Becker said.
Despite claims to the contrary, as far as the district is concerned, what happened to Lutz's daughter was an isolated incident. Officials defend the teacher and the program.
Anne Lang is director of pupil services. "There really wasn't anything that was done wrong in terms of, as I said, negligence of that sort. We really feel that the teacher has been doing a great job. The educational assistants have been spoken to."
The parents say that's just not true. They won't bring their kids back until there's a change. The best option, they believe, would be a complete change in staff.
"I'm just amazed at the response of the school system. I'm really disappointed," Lutz said.
Thursday, January 24, 2008
Physical Education
When special-ed teachers seclude and restrain students, the state says no one needs to know
by Elizabeth Ulrich
Nashville Scene.com
January 24, 2008
Rob Zimmerman’s son Jack is the kind of smart, happy child who loved school. But two years ago, Jack’s dad says, that suddenly changed. When the now 11-year-old moved to another special-ed classroom at his Williamson County school, Zimmerman says Jack’s new teacher did not believe he was “as much autistic as he was ornery.”
The teacher told the family that Jack was “trying to trick her.” Jack’s behavior changed, as he began to dread school and act out—screaming and spiraling out of control.
Zimmerman and his wife were shocked to learn why: Jack’s teachers had taken him down the hall to a janitor’s closet, placed him inside and shut the door, leaving the boy to sit alone in the dark for up to three hours at a time on more than one occasion. “They said he liked it better when it was dark,” an animated Zimmerman told a group of state lawmakers Tuesday. “We’re talking about human life—my son’s life,” Zimmerman said.
And it wasn’t long before Jack told his parents that his teachers were also “umphing him,” describing the groaning sound his teachers made as they held him down for “ornery” behavior. In his own way, Jack alerted his parents to a growing problem in special-ed classrooms all over the state: the unreported, undocumented use of seclusion and restraint.
Jack’s case is rare in the sense that he was able to tell his parents he had been restrained and stuffed into a closet that his father says school employees called a “calming room.” Many autistic children are not as verbally developed as Jack and are therefore incapable of reporting abuse.
Often, these are children who, as Zimmerman puts it, are “set up for abuse.”
After reports like Zimmerman’s began to trickle in, the Disability Coalition on Education (DCE), a statewide organization of educators, advocacy groups and families, reviewed state law and found that there are no guidelines to regulate how—or if—schools should report such incidents or document how often they occur.
To push state lawmakers to draft legislation to require such oversight, representatives from several advocacy organizations for the disabled and mentally ill met Tuesday with a House-Senate study committee. They discussed the methods of restraint and seclusion now used with Tennessee special-ed students.
The committee also heard a tearful Gary Hassell talk about his son, a special-education student with autism at Oakmont Elementary in Dickson County, who had been physically restrained, face-down, on the classroom floor. School employees held his son down for an hour in what is called the “prone” position, a controversial hold that some experts say can result in asphyxia in as few as six minutes.
Similar methods of seclusion and restraint have led to the deaths of two teens at Chad Youth Enhancement Center, a residential treatment facility for troubled youth just outside of Clarksville (“Handle With Care,” Nov. 8) and have been key components in claims of abuse and neglect at Hermitage Hall, a Nashville private residential facility that treats male sex offenders (“Bad Medicine,” Dec. 13).
State records for Chad and Hermitage Hall, both of which are licensed by the state’s Department of Mental Health and Developmental Disabilities (DMHDD), describe hundreds of cases where young residents are physically restrained, often violently, by facility staff. Neither DMHDD nor the Department of Children’s Services finds anything out of the ordinary or troubling about these incidences, according to interviews with officials there, and Gov. Phil Bredesen’s office also has been unswayed by reports of abuses at these juvenile facilities, directing questions back to the departments.
But Tennessee public schools are not required to report incidents of seclusion and restraint to the state—or even to parents such as Zimmerman. Carol Westlake, the executive director of the Tennessee Disability Coalition, told the study committee that, while state law requires in-patient facilities and residential juvenile programs to report how often such incidents occur, public schools remain one of the only places in the state without that mandate.
And, while facilities such as Chad and Hermitage Hall purport to have stringent requirements for teaching workers how to properly administer restraint holds, schools are not legally required to train employees.
DCE Chair Holly Lu Conant Rees says her organization has repeatedly requested a copy of the Metro schools’ policy on seclusion and restraint but has received nothing.
Conant Rees tells the Scene that her organization has started to collect data from parents across the state to push state lawmakers to draft legislation.
Thirty families, several of whom have students in Metro public schools, completed a DCE survey saying that their children have experienced multiple incidents of restraint and seclusion in the classroom. DCE describes the findings as “uniformly disturbing.”
Of those families reporting incidents to DCE, 40 percent said school staffers injured their children, who showed signs of bruising, contusions, abrasions and nail and grip marks. And 60 percent of families reported that their children experienced significant psychological and behavioral setbacks after being restrained or secluded. The children had acted out with violent tantrums and experienced anxiety, night terrors and psychosis.
It’s a familiar story to parents like Zimmerman, who says it only takes one encounter with a “bad apple” in the special-education classroom to change a child’s life forever. “If you don’t have documentation, you don’t have accountability.”
by Elizabeth Ulrich
Nashville Scene.com
January 24, 2008
Rob Zimmerman’s son Jack is the kind of smart, happy child who loved school. But two years ago, Jack’s dad says, that suddenly changed. When the now 11-year-old moved to another special-ed classroom at his Williamson County school, Zimmerman says Jack’s new teacher did not believe he was “as much autistic as he was ornery.”
The teacher told the family that Jack was “trying to trick her.” Jack’s behavior changed, as he began to dread school and act out—screaming and spiraling out of control.
Zimmerman and his wife were shocked to learn why: Jack’s teachers had taken him down the hall to a janitor’s closet, placed him inside and shut the door, leaving the boy to sit alone in the dark for up to three hours at a time on more than one occasion. “They said he liked it better when it was dark,” an animated Zimmerman told a group of state lawmakers Tuesday. “We’re talking about human life—my son’s life,” Zimmerman said.
And it wasn’t long before Jack told his parents that his teachers were also “umphing him,” describing the groaning sound his teachers made as they held him down for “ornery” behavior. In his own way, Jack alerted his parents to a growing problem in special-ed classrooms all over the state: the unreported, undocumented use of seclusion and restraint.
Jack’s case is rare in the sense that he was able to tell his parents he had been restrained and stuffed into a closet that his father says school employees called a “calming room.” Many autistic children are not as verbally developed as Jack and are therefore incapable of reporting abuse.
Often, these are children who, as Zimmerman puts it, are “set up for abuse.”
After reports like Zimmerman’s began to trickle in, the Disability Coalition on Education (DCE), a statewide organization of educators, advocacy groups and families, reviewed state law and found that there are no guidelines to regulate how—or if—schools should report such incidents or document how often they occur.
To push state lawmakers to draft legislation to require such oversight, representatives from several advocacy organizations for the disabled and mentally ill met Tuesday with a House-Senate study committee. They discussed the methods of restraint and seclusion now used with Tennessee special-ed students.
The committee also heard a tearful Gary Hassell talk about his son, a special-education student with autism at Oakmont Elementary in Dickson County, who had been physically restrained, face-down, on the classroom floor. School employees held his son down for an hour in what is called the “prone” position, a controversial hold that some experts say can result in asphyxia in as few as six minutes.
Similar methods of seclusion and restraint have led to the deaths of two teens at Chad Youth Enhancement Center, a residential treatment facility for troubled youth just outside of Clarksville (“Handle With Care,” Nov. 8) and have been key components in claims of abuse and neglect at Hermitage Hall, a Nashville private residential facility that treats male sex offenders (“Bad Medicine,” Dec. 13).
State records for Chad and Hermitage Hall, both of which are licensed by the state’s Department of Mental Health and Developmental Disabilities (DMHDD), describe hundreds of cases where young residents are physically restrained, often violently, by facility staff. Neither DMHDD nor the Department of Children’s Services finds anything out of the ordinary or troubling about these incidences, according to interviews with officials there, and Gov. Phil Bredesen’s office also has been unswayed by reports of abuses at these juvenile facilities, directing questions back to the departments.
But Tennessee public schools are not required to report incidents of seclusion and restraint to the state—or even to parents such as Zimmerman. Carol Westlake, the executive director of the Tennessee Disability Coalition, told the study committee that, while state law requires in-patient facilities and residential juvenile programs to report how often such incidents occur, public schools remain one of the only places in the state without that mandate.
And, while facilities such as Chad and Hermitage Hall purport to have stringent requirements for teaching workers how to properly administer restraint holds, schools are not legally required to train employees.
DCE Chair Holly Lu Conant Rees says her organization has repeatedly requested a copy of the Metro schools’ policy on seclusion and restraint but has received nothing.
Conant Rees tells the Scene that her organization has started to collect data from parents across the state to push state lawmakers to draft legislation.
Thirty families, several of whom have students in Metro public schools, completed a DCE survey saying that their children have experienced multiple incidents of restraint and seclusion in the classroom. DCE describes the findings as “uniformly disturbing.”
Of those families reporting incidents to DCE, 40 percent said school staffers injured their children, who showed signs of bruising, contusions, abrasions and nail and grip marks. And 60 percent of families reported that their children experienced significant psychological and behavioral setbacks after being restrained or secluded. The children had acted out with violent tantrums and experienced anxiety, night terrors and psychosis.
It’s a familiar story to parents like Zimmerman, who says it only takes one encounter with a “bad apple” in the special-education classroom to change a child’s life forever. “If you don’t have documentation, you don’t have accountability.”
Sunday, January 20, 2008
Two teachers charged with abusing student
By Will Richmond
Herald News Staff Reporter
Posted Jan 17, 2008 @ 08:13 PM
Westport —
Two Macomber Elementary School teachers have been summonsed into court to face charges they physically abused a special education student.
Teacher Renee Rego, 47, of 91 Horton St., Fall River, is being charged with a single count of caretaker who permits or commits an assault and battery, and mistreatment or neglect on a disabled person. Assistant teacher Linda Liberty, 46, of 9 Sylvania St., Westport, is facing two counts of simple assault and battery on a mentally retarded child. All three charges are felonies.
Both women have been scheduled to appear in court on Feb. 5 in Fall River for their arraignments.
Superintendent Linda Galton offered few comments on the matter, but did say both women are still teaching at the Macomber School and will continue to do so unless further allegations should lead to their removal.
“At this time we have completed our investigation, and the staff remains in place,” Galton said.
Prior to that comment Galton said, “We really don’t comment on these sorts of things. They involve staff and staff matters are confidential under state law. “Whenever issues like this are brought to our attention we take them very seriously and investigate and make assessments, and we have done that.”
Westport Police Department spokesman Sgt. Jeffrey Majewski, in a brief statement before referring comments to the Bristol County District Attorney’s Office, said the investigation was thorough and justified the bringing up the charges.
District Attorney’s Office spokesman Gregg Miliote said that office will pick up where the Westport police left off.
“We are investigating this alleged incident, and once they’re in for arraignment we can proceed with the case,” Miliote said. In the meantime, the father of the child — whose identity is being withheld by The Herald News to protect the identity of the child — is keeping his out of school.
“My son is not returning until those teachers are removed, but I’m told they are not taking any disciplinary action” the father said. “I’m concerned for his emotional well-being in the classroom and I fear of him getting some kind of action put on him for doing something wrong. My son is autistic, he can’t come home and say ‘Daddy my teachers hurt me.’”
The father said a meeting has been scheduled with School Department officials to take place this morning, though, he was not sure who from the School Department would be in attendance. He said he is not yet sure if his family will take any legal action against the school or teachers.
For now, though, the father is not happy with the way this matter has been handled.
“I feel that we’ve been left totally in the dark and ignored,” he said. “I’m chasing them (school officials) and it’s almost like from their point of view that it’s not a big thing and we should just let it go. They have no sense of urgency. ... I would expect the school to be more willing to fix this than to say there’s nothing wrong here.”
According to a police report filed in District Court by Westport Police, Jill Alberto, a substitute teacher employed in a special education classroom on Jan. 8 and 9, witnessed the two teachers participate in what the report described as “disturbing events.”
During the course of the two days, Alberto said she observed Liberty stepping on the feet of a student who kept removing his shoes due to sensory issues related to the child’s disability.
“Ms. Alberto explained that she witnessed Ms. Liberty step on (the child’s) feet at least ‘twenty times’ during both days while she was wearing sneakers on her feet,” the report penned by Majewski reads. “Ms. Alberto told me that (the child) was visibly in pain while Ms. Liberty was stepping on his feet.”
Alberto alleged that Rego forced the child to go over to the class fish tank and feed the fish even though the child has an aversion to water.
The allegations also include a paraprofessional reporting that she witnessed Liberty grabbing the same student by the arm as the he exited a bathroom. Lucy Cordeiro told police Liberty pulled the child “so forcefully that she ‘thought it had the possibility of dislocating his shoulder.”
The report continues to state that “Ms. Liberty looked mad when she grabbed and pulled (the child).”
According to the report, the child’s parents were told his shoes were taken off because the child had food on his feet and that the staff didn’t put his shoes back on because the child thought it was funny.
Rego also told police that one of the strategies to keep the child from removing his shoes was to “go over to him and ‘tap his feet with their feet.’”
However, the child’s mother told police that the foot tapping was not part of the student’s individual education plan.
In regard to the bathroom incident, Liberty, according to the police report, said the child had begun to run and she simply put her arm up to stop him from getting away.
Under a later round of questioning, however, Cordeiro, according to the report, said the child “was not doing anything wrong” when the child turned his head and Liberty “grabbed his arm and pulled him hard.” After further questioning about whether the incident could have been as Liberty described it, Cordeiro continued to deny that could be the case. “Ms. Cordeiro was adamant that was not the case and that there was no need to grab and pull (the child) the way Liberty had done,” the report states. Alberto also accused Rego of placing her fingers in a jar of peanut butter and then proceeding to put them in the mouth of another child.
The report states that Alberto said this caused the child discomfort and resulted in a lot of peanut butter in and around the child’s mouth and that the tactic was done right after the child had acted out in class. Alberto said in the report that this was done as a form of punishment because the child had eating issues and basically required food be in a pureed form. According to the police report police were stonewalled by Westport school officials.
The report indicates that the parents of one child had spoken with Special Education Coordinator Ralph Tripp III and were told by him that he was unaware of any allegations, only for the parents to then learn that a meeting between Tripp, Principal Sue Wilkinson and Galton had taken place the previous day.
Both Galton and Tripp responded that they were at the school on an unrelated matter.
During initial questioning during a phone conversation, Tripp allegedly told police he was not going to comment on the matter.
“With no disrespect, I am not going to speak with you any further about this,” Tripp told police, the report states.
Galton also told Majewski that she had filed a complaint with Town Administrator Michael Coughlin because the police chief had not notified her of the investigation. In that conversation, Galton told Majewski that the School Department had conducted its own investigation and determined there was no wrongdoing.
Galton would not comment Thursday about allegations of School Department officials refusing to cooperate with police.
http://www.heraldnews.com/homepage/x1151548247
Herald News Staff Reporter
Posted Jan 17, 2008 @ 08:13 PM
Westport —
Two Macomber Elementary School teachers have been summonsed into court to face charges they physically abused a special education student.
Teacher Renee Rego, 47, of 91 Horton St., Fall River, is being charged with a single count of caretaker who permits or commits an assault and battery, and mistreatment or neglect on a disabled person. Assistant teacher Linda Liberty, 46, of 9 Sylvania St., Westport, is facing two counts of simple assault and battery on a mentally retarded child. All three charges are felonies.
Both women have been scheduled to appear in court on Feb. 5 in Fall River for their arraignments.
Superintendent Linda Galton offered few comments on the matter, but did say both women are still teaching at the Macomber School and will continue to do so unless further allegations should lead to their removal.
“At this time we have completed our investigation, and the staff remains in place,” Galton said.
Prior to that comment Galton said, “We really don’t comment on these sorts of things. They involve staff and staff matters are confidential under state law. “Whenever issues like this are brought to our attention we take them very seriously and investigate and make assessments, and we have done that.”
Westport Police Department spokesman Sgt. Jeffrey Majewski, in a brief statement before referring comments to the Bristol County District Attorney’s Office, said the investigation was thorough and justified the bringing up the charges.
District Attorney’s Office spokesman Gregg Miliote said that office will pick up where the Westport police left off.
“We are investigating this alleged incident, and once they’re in for arraignment we can proceed with the case,” Miliote said. In the meantime, the father of the child — whose identity is being withheld by The Herald News to protect the identity of the child — is keeping his out of school.
“My son is not returning until those teachers are removed, but I’m told they are not taking any disciplinary action” the father said. “I’m concerned for his emotional well-being in the classroom and I fear of him getting some kind of action put on him for doing something wrong. My son is autistic, he can’t come home and say ‘Daddy my teachers hurt me.’”
The father said a meeting has been scheduled with School Department officials to take place this morning, though, he was not sure who from the School Department would be in attendance. He said he is not yet sure if his family will take any legal action against the school or teachers.
For now, though, the father is not happy with the way this matter has been handled.
“I feel that we’ve been left totally in the dark and ignored,” he said. “I’m chasing them (school officials) and it’s almost like from their point of view that it’s not a big thing and we should just let it go. They have no sense of urgency. ... I would expect the school to be more willing to fix this than to say there’s nothing wrong here.”
According to a police report filed in District Court by Westport Police, Jill Alberto, a substitute teacher employed in a special education classroom on Jan. 8 and 9, witnessed the two teachers participate in what the report described as “disturbing events.”
During the course of the two days, Alberto said she observed Liberty stepping on the feet of a student who kept removing his shoes due to sensory issues related to the child’s disability.
“Ms. Alberto explained that she witnessed Ms. Liberty step on (the child’s) feet at least ‘twenty times’ during both days while she was wearing sneakers on her feet,” the report penned by Majewski reads. “Ms. Alberto told me that (the child) was visibly in pain while Ms. Liberty was stepping on his feet.”
Alberto alleged that Rego forced the child to go over to the class fish tank and feed the fish even though the child has an aversion to water.
The allegations also include a paraprofessional reporting that she witnessed Liberty grabbing the same student by the arm as the he exited a bathroom. Lucy Cordeiro told police Liberty pulled the child “so forcefully that she ‘thought it had the possibility of dislocating his shoulder.”
The report continues to state that “Ms. Liberty looked mad when she grabbed and pulled (the child).”
According to the report, the child’s parents were told his shoes were taken off because the child had food on his feet and that the staff didn’t put his shoes back on because the child thought it was funny.
Rego also told police that one of the strategies to keep the child from removing his shoes was to “go over to him and ‘tap his feet with their feet.’”
However, the child’s mother told police that the foot tapping was not part of the student’s individual education plan.
In regard to the bathroom incident, Liberty, according to the police report, said the child had begun to run and she simply put her arm up to stop him from getting away.
Under a later round of questioning, however, Cordeiro, according to the report, said the child “was not doing anything wrong” when the child turned his head and Liberty “grabbed his arm and pulled him hard.” After further questioning about whether the incident could have been as Liberty described it, Cordeiro continued to deny that could be the case. “Ms. Cordeiro was adamant that was not the case and that there was no need to grab and pull (the child) the way Liberty had done,” the report states. Alberto also accused Rego of placing her fingers in a jar of peanut butter and then proceeding to put them in the mouth of another child.
The report states that Alberto said this caused the child discomfort and resulted in a lot of peanut butter in and around the child’s mouth and that the tactic was done right after the child had acted out in class. Alberto said in the report that this was done as a form of punishment because the child had eating issues and basically required food be in a pureed form. According to the police report police were stonewalled by Westport school officials.
The report indicates that the parents of one child had spoken with Special Education Coordinator Ralph Tripp III and were told by him that he was unaware of any allegations, only for the parents to then learn that a meeting between Tripp, Principal Sue Wilkinson and Galton had taken place the previous day.
Both Galton and Tripp responded that they were at the school on an unrelated matter.
During initial questioning during a phone conversation, Tripp allegedly told police he was not going to comment on the matter.
“With no disrespect, I am not going to speak with you any further about this,” Tripp told police, the report states.
Galton also told Majewski that she had filed a complaint with Town Administrator Michael Coughlin because the police chief had not notified her of the investigation. In that conversation, Galton told Majewski that the School Department had conducted its own investigation and determined there was no wrongdoing.
Galton would not comment Thursday about allegations of School Department officials refusing to cooperate with police.
http://www.heraldnews.com/homepage/x1151548247
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.
Thursday, November 15, 2007
St. Lucie County bus aide accused of hitting student
PORT ST. LUCIE — An aide on a school bus primarily for special-needs children is facing a felony child abuse charge after allegedly hitting a 7-year-old boy, police said Friday.
Belinda "Gail" Daniels, 45, of the 1900 block of Avenue K in Fort Pierce, allegedly struck the special-needs child Sept. 12 on the ride to school, and police and school district officials ensured she "was no longer on a bus," Officer Cherie Lucas said.
PDF: Read the arrest report.
Lucas said video captured by cameras on the bus, which had about eight children on it at the time, played a key role in the case.
The victim, who was sitting down, reportedly dropped his bookbag and was bending down to reach it when Daniels picked it up from the seat behind him.
"Daniels yells at the victim, saying, 'Boy, what did you do? Get in that seat,' " Lucas wrote in a portion of a warrant application that summarizes the video. "
She then reaches into the seat where the victim was, and she 'swats' something in the seat, but you cannot actually see what her hand connects with."
Lucas said one witness reportedly saw Daniels' hand make contact with the victim.
"I believe in my mind that any reasonable person looking at that video would believe that the child was struck," Lucas said. "It substantiated everything that the original witness, the complainant, told me."
Daniels then yanked the victim up and "roughly" put him in the seat, Lucas said.
But Daniels told investigators she hit no one.
"I would never do anything to put my job in jeopardy," she is quoted as saying in a warrant application. "I am a Christian woman who reads my Bible and I listen to my gospel music."
St. Lucie County Schools Personnel Director Maurice Bonner said Daniels as of Friday is still a district employee. Bonner said the district is aware of the incident and is investigating the issue and won't comment until after the investigation is completed.
It took several days for police to determine the victim's identity, get statements from witnesses, question Daniels and consult with the state attorney's office. The victim wasn't injured and "had no knowledge of what happened," Lucas said.
Daniels was arrested in 1985 on a fraud charge and convicted, though an unemployment fraud charge brought against her in 1994 was dropped, according to Florida Department of Law Enforcement records.
Janice Karst, school district spokeswoman, said convicted felons aren't eligible for employment with the district, but those with misdemeanor convictions can be hired depending on what the misdemeanor was and if the applicant is forthcoming with the information. But if the charge relates to "moral turpitude" or is "anything that would negatively impact their being around students" or school operations, then they likely wouldn't be hired.
Daniels received generally high evaluations dating back to 2001, according to school district records.
A 2003 evaluation notes she's a "very compassionate and caring individual" and "goes above and beyond her duties to assist with difficult situations."
Daniels was released Friday afternoon from the St. Lucie County jail on $1,000 bail, a jail official said.
Staff writer Keona Gardner contributed to this report.
Belinda "Gail" Daniels, 45, of the 1900 block of Avenue K in Fort Pierce, allegedly struck the special-needs child Sept. 12 on the ride to school, and police and school district officials ensured she "was no longer on a bus," Officer Cherie Lucas said.
PDF: Read the arrest report.
Lucas said video captured by cameras on the bus, which had about eight children on it at the time, played a key role in the case.
The victim, who was sitting down, reportedly dropped his bookbag and was bending down to reach it when Daniels picked it up from the seat behind him.
"Daniels yells at the victim, saying, 'Boy, what did you do? Get in that seat,' " Lucas wrote in a portion of a warrant application that summarizes the video. "
She then reaches into the seat where the victim was, and she 'swats' something in the seat, but you cannot actually see what her hand connects with."
Lucas said one witness reportedly saw Daniels' hand make contact with the victim.
"I believe in my mind that any reasonable person looking at that video would believe that the child was struck," Lucas said. "It substantiated everything that the original witness, the complainant, told me."
Daniels then yanked the victim up and "roughly" put him in the seat, Lucas said.
But Daniels told investigators she hit no one.
"I would never do anything to put my job in jeopardy," she is quoted as saying in a warrant application. "I am a Christian woman who reads my Bible and I listen to my gospel music."
St. Lucie County Schools Personnel Director Maurice Bonner said Daniels as of Friday is still a district employee. Bonner said the district is aware of the incident and is investigating the issue and won't comment until after the investigation is completed.
It took several days for police to determine the victim's identity, get statements from witnesses, question Daniels and consult with the state attorney's office. The victim wasn't injured and "had no knowledge of what happened," Lucas said.
Daniels was arrested in 1985 on a fraud charge and convicted, though an unemployment fraud charge brought against her in 1994 was dropped, according to Florida Department of Law Enforcement records.
Janice Karst, school district spokeswoman, said convicted felons aren't eligible for employment with the district, but those with misdemeanor convictions can be hired depending on what the misdemeanor was and if the applicant is forthcoming with the information. But if the charge relates to "moral turpitude" or is "anything that would negatively impact their being around students" or school operations, then they likely wouldn't be hired.
Daniels received generally high evaluations dating back to 2001, according to school district records.
A 2003 evaluation notes she's a "very compassionate and caring individual" and "goes above and beyond her duties to assist with difficult situations."
Daniels was released Friday afternoon from the St. Lucie County jail on $1,000 bail, a jail official said.
Staff writer Keona Gardner contributed to this report.
Subscribe to:
Posts (Atom)