Boy with autism died 'while care workers brought drinks and shopping'
NISKAYUNA, New York State, USA: A 13-year-old boy with autism died on February 15 after police say two care workers for the disabled drove him around for 90 minutes - running errands, buying beverages and shopping - when he stopped breathing in their van.
The men, one of whom allegedly used an improper physical restraint on the boy, Jonathan Carey, were both charged with manslaughter.
Colonie Police said the workers did not seek or offer medical help during the drive on February 15. Instead, the employees of the O.D. Heck Developmental Center in Niskayuna allegedly stopped to buy beverages, then a computer game and then dropped the game off at one man's home.
Edwin Tirado, 35, of 1634 6th Ave., Schenectady, and Nadeem Mall, 32, of 9 Plaske Drive, Schenectady, reported the boy needed medical attention only once they had finally returned to the O.D. Heck Center where the child, who was also mentally retarded, lived, police said.
The child, identified by police as Jonathan Carey, had been with the Niskayuna centre since his parents moved him from a Dutchess County facility they believed had abused him.
We are devastated," sobbed Mike Carey as he and his wife, Lisa, waited for an plane to bring them home. "He was such a special human being."
The Glenmont couple was on a long-awaited vacation together, having left their younger son with friends. It was to be a respite from the constant advocacy for Jonathan.
"We can't believe it," they sobbed from the St. Thomas airport in the Virgin Islands. "We are in total shock."
The accused O.D. Heck employees are being held in Albany County jail without bail.
Police said Mall was driving a van to take Jonathan Carey and a 14-year-old client, whose identity has not been made public, from O.D. Heck to Crossgates Mall, Colonie Police Chief Steven Heider said in a news conference on February 16.
Along the drive, Mall stopped for cash from an ATM and when he returned to the van, according to Heider, Tirado had the boy in the illegal hold. "The two adults rendered no aid and they did not return to O.D. Heck for an hour and a half," Heider said.
Efforts were made to revive the boy at the centre, and he was taken to St. Claire's Hospital in Schenectady, where he was pronounced dead. Police cannot say the boy died in the van because a person is not ruled dead until pronounced so by a hospital or medical examiner, the chief said. An autopsy is set for today.
"The 13-year-old succumbed to what we're alleging were improper and wrongful holds placed on him," Heider said.
Niskayuna Police were called first, but their investigation indicated the boy had been suffocated while being driven around Colonie, he said. Police said the 14-year-old client is verbal and was able to give them a description of the events.
"The bottom line is the Niskayuna police and the first responders did a fantastic job here in being able to pick apart their story," said Albany County District Attorney David Soares. "You couldn't ask for anything better."
Soares said the case would be put to a grand jury for indictment as soon as results of the autopsy are received. Although current information supports the charges of manslaughter, Soares said, he would not rule out the possibility of increased charges.
"It's too early to tell," he said. "At this point in time, my thoughts are with the Carey family."
The state Office of Mental Retardation and Developmental Disabilities, which oversees the centre, issued a statement on February 16 expressing sadness over the boy's death.
"Officials have been and will continue to work closely with law enforcement as they piece together what happened," the statement said, adding the agency provides "intensive staff training, monitoring and follow-up of any use of behavioural interventions and, given the current situation, these protocols will once again be reviewed."
Spokeswoman Deborah Sturm Rausch said she was not sure if she could find information about what Mall and Tirado's exact job titles were, or whether they had to be, or were, licensed.
Tirado, who had worked at the agency for six years, was the person restraining the boy but Mall had an equal responsibility for failing to provide or get medical assistance, Heider said. He declined to specify what hold was used but said the boy suffocated.
A woman answering the door with an infant at Mall's Schenectady home declined to comment. There was no answer when a reporter approached Tirado's home.
Since 2004, the Carey family has fought for legislation to force state agencies to disclose information they said could prove abuse of patients like their son. In October that year, Mike said he found Jonathan, then 11, naked, covered in bruises and lying in his own urine in the Anderson School in Dutchess County. The father had popped in unexpectedly to visit his son and took him home the same day.
The Careys said they never knew what their son endured because Jonathan was non-verbal and could not tell them himself. He was moved to O.D. Heck where the Careys said in December he was doing well.
The Careys described the fawn-haired boy with huge cerulean eyes as a good son who loved his father and mother. "He loved to watch Jesus films," Mike said softly. "He loved people and wanted to be around people. He loved horses. There was just so much love in his heart."
Jonathan was a regular visitor of the New Horizons stable on Pearse Road. When he was riding horses, Jonathan seemed happy, his parents said.
The Careys sued Anderson School in 2005, in state Supreme Court in Albany, claiming the institution and its staff violated Jonathan's right to safety and nourishment.
In December, Mike Carey said, "No parent or guardian should ever have to go through what Lisa and I have had to endure just to get answers. We would have been arrested if what happened to Jonathan had happened at home."
Since then, the couple has fought to get sealed records opened that they believe could reveal who had physically abused the boy as well as who knew it but did nothing to prevent it or report it. He said he hoped his son's death would enable the family to get the law changed.
"This is what we had been concerned about, what we have been fighting for," Mike said, of his son's death. "We really felt compelled, like a God-given responsibility, to help other children, to get changes and reform to help prevent something like this from happening."
Jonathan's death is prompting county lawmakers to renew calls for the passage of Jonathan's Law. The Rensselaer County Legislature is now calling on state lawmakers to take action and pass the Bill. If it passes, the law would give parents the right to access their children's records. Right now, that information cannot be released and acts of abuse can be concealed from families.
Jonathan's family has been trying to get a law passed since 2004, after they said their son was being mistreated at a Dutchess County facility.
(Source: Albany Times Union, February 17, 2007)
Monday, February 18, 2008
Tuesday, February 12, 2008
Teacher Accused Of Duct-Taping Boy To Desk
Middle School Teacher Gets 10-Day Suspension
POSTED: 11:12 pm EST February 12, 2008
JACKSONVILLE, Fla. -- A middle school teacher accused of using duct tape to bind a student to his desk was suspended for more than a week without pay for the alleged incident.
The Duval County School Board voted on Tuesday to suspend Kasey Goodin for 10 days without pay.
The school board made its decision after hearing the teacher's version of what happened inside the Kirby-Smith Middle School classroom, WJXT reported.
The district said Goodin told investigators the taping incident was a joke.
However, board members didn't think it was funny.
"It's just not funny for a child to be taped, whether it's in jest or it's a disciplinary measure," said school board chair Betty Burney.
In Goodin's written account of what happened in the classroom, the teacher said, "There was a light-hearted mood in the class as I walked to the supply closet and removed a roll of purple duct tape and a roll of masking tape … The class was laughing. I was laughing. The student was laughing."
WJXT was told Goodin took that duct tape and taped the student's leg to his desk before she used the masking tape to tape his hands and his face.
"The masking tape was applied to the student's hands. The student immediately removed it, laughing throughout the incident. Within the next few minutes, the 'play' was over, the tape was removed," the teacher wrote in her statement.
She ended her account stating, "This incident, was in reality, an opportunity to have fun with the students while getting a message to them. Looking back, I know that it was inappropriate for me to break the lines of formality."
The student involved has since been removed from Goodin's classroom.
"The reason why we didn't go for something as severe as dismissal, it did appear at least it started out as something more lighthearted," said Duval County Superintendent Ed Pratt-Dannals.
Board members said the teaching position at Kirby is the teacher's first job and she has shown good behavior in the past.
"I understand that it was a young teacher. I just felt that we needed to send a stronger message," said Burney.
Burney was the only board member who voted against Goodin's 10-day suspension, saying she didn't think the punishment was harsh enough.
Board members also voted that the teacher should get counseling.
http://www.local6.com/news/15287294/detail.html
POSTED: 11:12 pm EST February 12, 2008
JACKSONVILLE, Fla. -- A middle school teacher accused of using duct tape to bind a student to his desk was suspended for more than a week without pay for the alleged incident.
The Duval County School Board voted on Tuesday to suspend Kasey Goodin for 10 days without pay.
The school board made its decision after hearing the teacher's version of what happened inside the Kirby-Smith Middle School classroom, WJXT reported.
The district said Goodin told investigators the taping incident was a joke.
However, board members didn't think it was funny.
"It's just not funny for a child to be taped, whether it's in jest or it's a disciplinary measure," said school board chair Betty Burney.
In Goodin's written account of what happened in the classroom, the teacher said, "There was a light-hearted mood in the class as I walked to the supply closet and removed a roll of purple duct tape and a roll of masking tape … The class was laughing. I was laughing. The student was laughing."
WJXT was told Goodin took that duct tape and taped the student's leg to his desk before she used the masking tape to tape his hands and his face.
"The masking tape was applied to the student's hands. The student immediately removed it, laughing throughout the incident. Within the next few minutes, the 'play' was over, the tape was removed," the teacher wrote in her statement.
She ended her account stating, "This incident, was in reality, an opportunity to have fun with the students while getting a message to them. Looking back, I know that it was inappropriate for me to break the lines of formality."
The student involved has since been removed from Goodin's classroom.
"The reason why we didn't go for something as severe as dismissal, it did appear at least it started out as something more lighthearted," said Duval County Superintendent Ed Pratt-Dannals.
Board members said the teaching position at Kirby is the teacher's first job and she has shown good behavior in the past.
"I understand that it was a young teacher. I just felt that we needed to send a stronger message," said Burney.
Burney was the only board member who voted against Goodin's 10-day suspension, saying she didn't think the punishment was harsh enough.
Board members also voted that the teacher should get counseling.
http://www.local6.com/news/15287294/detail.html
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 31, 2008
SJ School Police Handcuff Autistic Boy
Gunnar Moody, 11, told NBC11 that it all started when he was singing a song while doing sit-ups in physical education class.
"She was like, 'Gunnar, you have to leave now.' I didn't do anything wrong. Why do I have to leave? Everyone else is being loud; why do I have to get in trouble?' Then she said it three more times and then she handcuffed me. And it was kind of humiliating because it was in front of all those kids and she was, like, picking me up and dragging me out," Gunnar said.
Gunnar's parents said what happened at Bret Harte Middle School is unacceptable.
"The bottom line he's in phys ed. And all the kids are making noise yelling, screaming and talking and he gets singled out for going 'la-la-la?'" Michael Moody, Gunnar's father, said.
His mother, Laura Moody, asked a campus police officer if Gunnar had threatened anyone.
"I specifically asked the officer, 'did he threaten you?' She said no. I said, 'did he threaten any other child?' And she said no. I think there should be a better line drawn on what kind of force to use. And especially with children with disabilites," Laura Moody said.
NBC11 obtained a copy of Gunnar's behavior support plan that outlines what to do if he misbehaves in school. Using physical force is not one of them.
The San Jose Unified School District issued the following statement: The officer's actions helped to maintain a safe atmosphere for the other 30 students in the class.
The use of restraints is extremely rare and would only be used when deemed absolutely necessary by the officer for the protection of the student and his other classmates.
Gunnar's parents plan to meet with school district leaders Friday to talk about what happened.
Gunnar is suspended for three days.
Asked if he want to go back to Bret Harte Middle School, Gunnar said, "No. Because the kids will like pick on me and stuff. Because that happened."
http://www.nbc11.com/news/15183731/detail.html
"She was like, 'Gunnar, you have to leave now.' I didn't do anything wrong. Why do I have to leave? Everyone else is being loud; why do I have to get in trouble?' Then she said it three more times and then she handcuffed me. And it was kind of humiliating because it was in front of all those kids and she was, like, picking me up and dragging me out," Gunnar said.
Gunnar's parents said what happened at Bret Harte Middle School is unacceptable.
"The bottom line he's in phys ed. And all the kids are making noise yelling, screaming and talking and he gets singled out for going 'la-la-la?'" Michael Moody, Gunnar's father, said.
His mother, Laura Moody, asked a campus police officer if Gunnar had threatened anyone.
"I specifically asked the officer, 'did he threaten you?' She said no. I said, 'did he threaten any other child?' And she said no. I think there should be a better line drawn on what kind of force to use. And especially with children with disabilites," Laura Moody said.
NBC11 obtained a copy of Gunnar's behavior support plan that outlines what to do if he misbehaves in school. Using physical force is not one of them.
The San Jose Unified School District issued the following statement: The officer's actions helped to maintain a safe atmosphere for the other 30 students in the class.
The use of restraints is extremely rare and would only be used when deemed absolutely necessary by the officer for the protection of the student and his other classmates.
Gunnar's parents plan to meet with school district leaders Friday to talk about what happened.
Gunnar is suspended for three days.
Asked if he want to go back to Bret Harte Middle School, Gunnar said, "No. Because the kids will like pick on me and stuff. Because that happened."
http://www.nbc11.com/news/15183731/detail.html
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
"This Abuse Must Stop!"
Parents pull son from school over restraint issue
By Donna C. Gregory NEWS EDITOR
Priscilla and Chip Greene share some family time with their three sons (from left), Travis, 6, Coleman, 9, and Parker, 11.
December 19, 2007 - A Clover Hill Elementary second-grader is getting a longer than normal holiday break after his parents withdrew him from school amid claims of physical abuse.
Chip and Priscilla Greene have removed their son, Coleman, from Clover Hill following a series of incidents where he was allegedly physically restrained by a special education aide. The situation escalated on Nov. 30 when the Greenes received a call from school, asking them to come pick up Coleman, who suffers from Down's Syndrome and ADHD. When Chip Greene arrived at school, a staff member who the family chose not to identify, advised him to check Coleman for bruises. A physician later confirmed bruising on Coleman's back, shoulder and chest and a scratch on his neck. Coleman has not been back to school since.
This is not the first time Coleman has been injured due to the use of physical restraint, says Priscilla Greene. While attending Hopkins Elementary School as a kindergartener, Coleman was physically restrained by a teacher in front of his mother after he walked out of a classroom without permission. "She had him on the ground with his arms crossed, and her legs were wrapped around his legs," recalls Coleman's mother. "I was told it was done only in extreme circumstances." Priscilla Greene, however, doesn't believe walking out of a classroom qualifies as an "extreme circumstance."
Three weeks later, Coleman allegedly came home from school with a sprained arm. He was ultimately moved to a different special education classroom, and there were no more incidents the rest of the year. After Coleman was injured at Hopkins, the Greenes asked the school system to adopt a general restraint policy. Now, more than two years later, the Greenes say their request has been ignored.
Chip Coleman spoke before school board members last week, asking them yet again to enact a restraint policy. "The policy would consist of guidelines and procedures that school staff must follow in order to protect our children," Chip Coleman told board members. "I stand before you tonight with a heavy heart because the school system has allowed my son to be physically restrained again and injured…This abuse must stop! Physical restraint cannot be used unless a guideline or procedure is put into place that will protect the child."
Chip Coleman held up a notebook for board members to see, saying, "This is Coleman's homework journal. It is a log of what goes on in Coleman's day. Beginning Sept. 17 and for the next 11 weeks, Coleman was physically restrained 10 times, placed in time-out with restraint 14 times, regrouped with restraint 11 times, and placed in secluded time-out in the special education classroom or conference room 22 times. And this only reflects the times the school staff wrote in this journal."
The Greenes were unaware of what was happening to Coleman until they specifically asked if restraint was being used. Coleman's aide had begun to complain that he was biting, kicking and head-butting during the school day. The Greenes believe Coleman's bad behavior was a result of being physically restrained by his aide. When Coleman would fail to complete his class work, Priscilla Greene says his aide would forcibly remove him from his general education classroom and take him to a special education classroom or conference room to "regroup."
Two other parents related similar stories to school board members, before again asking for a physical restraint policy. "William has been restrained," said Cheryl Curbeam, referring to her five-year-old son who has developmental delays. "This was without my knowledge. Why was I never informed that teachers were allowed to restrain my son? We will not remain silent on this issue."
Donna Hobbs related an incident at Ecoff Elementary where her son, Cody, was allegedly locked inside a closet for 30 minutes. "I did not get so much as a note home," complained Hobbs. "The school has done nothing to resolve this issue. The teacher has received no consequence for her actions."
Priscilla Greene shares Hobbs' frustration. "Just because [Coleman] has a disability, that does not give them any more right to put their hands on him," she says, adding that the use of restraint has traumatized her son. "Now, he says school is a big scary monster." On many school days, Coleman would complain of stomach aches. Priscilla Greene now believes that was his way of trying to avoid going to school.
The Greenes are currently juggling work schedules in order to care for Coleman during the day when he'd normally be at school. "We are going to try to get through the holidays, and then we are going to try again to place him [in a private school] in January. It is not safe for him to go back to school in Chesterfield County."
The family has also hired an attorney to explore their legal options.
Debra Marlow, director of community relations, provided the following statement about the school system's use of physical restraint: "There are procedures and guidelines that staff follow when needed. These actions are based on guidance from the Virginia Department of Education. Restraint is only used when necessary and when there is a danger to the child or others." Earlier this month, a 35-page document containing recently revised procedures for "physical interventions/restraint" was sent to all county schools by a special education instructional specialist. When asked if this document qualifies as the "general restraint policy" the Greene family has requested, Marlow replied, "It's not a policy, it's a procedure. It is the procedure that is used and is adopted from state department of education regulations." The revision updates prior documents that date back to 1996. Marlow declined to comment on the Greene family's allegations of physical abuse, saying that would violate the school system's privacy policy. "We wouldn't discuss individual student's cases publicly," said Marlow. She did confirm, however, that the school system is reviewing its use of restraint on students in special education programs. "Any time a member of the public brings a concern to a school board meeting, we would investigate it," said Marlow.
Cherry Hill Parents Outraged Over 'Quiet Room'
CHERRY HILL, N.J. (CBS 3) ―
Nov 28, 2007
Outraged parents attended a school board meeting Tuesday evening to discuss the discovery of a padded 'quiet room' inside a Cherry Hill school last month.
Parents met with school officials to discuss the room during a public meeting at the Clara Barton School on Rhode Island Avenue in Cherry Hill.
The room was first disclosed during an October meeting where parents were apparently told the padded room may have been used for children with autism and behavioral problems.
Concerned parent Lisa Grams used her cell phone to snap photos of the small, windowless storage room which was lined with gym mats.
"It made me sick. It made me absolutely sick," said Grams.
Grams said she took photos and video of the room while visiting the school in October.
"I walked into the room and it stunk so bad; the air was just very old. The gym mat, it smelled like urine," Grams said.
She said special education students notified her that other students with autism and other behavioral issues may have been put in the 'quiet room' in order to calm down.
Grams' son, who is autistic, was never placed in the room, but it concerned for other students at the school.
"How dare this school system treat small children so disrespectful," an outraged parent said during Tuesday night's meeting.
Not all parents were outraged over the school's actions. A parent of a special needs student applauded the district's polices.
"This is a dedicated group of people here in our administration," the parent said.
A School District spokesperson told CBS 3 the room was only used once under supervision for a student in crisis and they had received prior parental consent.
The school also followed up with the family after the incident and received no complaints. School officials said the room has been dismantled and has not been used since.
The Special Education Alliance:
http://www.cherryhillsea.com/paddedroom.htm
View photos of padded closet w/description:
http://revpage.com/tips/cherry%20hill/russell_knight_school.htm
Nov 28, 2007
Outraged parents attended a school board meeting Tuesday evening to discuss the discovery of a padded 'quiet room' inside a Cherry Hill school last month.
Parents met with school officials to discuss the room during a public meeting at the Clara Barton School on Rhode Island Avenue in Cherry Hill.
The room was first disclosed during an October meeting where parents were apparently told the padded room may have been used for children with autism and behavioral problems.
Concerned parent Lisa Grams used her cell phone to snap photos of the small, windowless storage room which was lined with gym mats.
"It made me sick. It made me absolutely sick," said Grams.
Grams said she took photos and video of the room while visiting the school in October.
"I walked into the room and it stunk so bad; the air was just very old. The gym mat, it smelled like urine," Grams said.
She said special education students notified her that other students with autism and other behavioral issues may have been put in the 'quiet room' in order to calm down.
Grams' son, who is autistic, was never placed in the room, but it concerned for other students at the school.
"How dare this school system treat small children so disrespectful," an outraged parent said during Tuesday night's meeting.
Not all parents were outraged over the school's actions. A parent of a special needs student applauded the district's polices.
"This is a dedicated group of people here in our administration," the parent said.
A School District spokesperson told CBS 3 the room was only used once under supervision for a student in crisis and they had received prior parental consent.
The school also followed up with the family after the incident and received no complaints. School officials said the room has been dismantled and has not been used since.
The Special Education Alliance:
http://www.cherryhillsea.com/paddedroom.htm
View photos of padded closet w/description:
http://revpage.com/tips/cherry%20hill/russell_knight_school.htm
Best Practices in Behavior Management
By Kathi Magee
Courier Post Online - Autism Blog
November 20, 2007
Reprinted with Permission
Many have emailed me personally about the Best Practice Guidelines from the Children's Welfare League of America (CWLA). Some inquired as to how they came about, others asked for the specific guidelines and why Cherry Hill does not follow them.
Let me begin by explaining how the CWLA came to their conclusions on what is considered "Best Practice." The CWLA was a participant in the Children's Health Act of 2000. They also wrote the Best Practice Guidelines for Behavior Management. Through their acquired experience they became all too familiar with the dangers associated with restraining special needs children, as many had incurred significant injuries and in some cases children actually died from the use of physical restraint. The CWLA was also familiar with the psychological impact that restraint and seclusion had on special needs children. These children became more anxious, and their behaviors worsened when secluded. After several years of writing and re-writing their guidelines on restraint and seclusion, the CWLA came to realize that the bigger problem was that restraint and seclusion could not possibly be part of any "Best Practice" approach. These techniques needed to be prevented and eliminated as much as possible. Restraint and seclusion serve no educational value and these practices injure and in some cases led to the death of special needs children.
The CWLA was also aware that training alone was not enough to reduce restraint and seclusion. Although staff training is a key aspect, many times the core leadership, needs to be changed in order to facilitate the culture change necessary to eliminate the need for restraint and seclusion.
"To truly reduce, if not eliminate these aversive techniques, it would require a change in leadership and a change in the organizational culture." (quote from the CWLA's report on preventing and reducing the use of restraint and seclusion.)
After numerous revisions of their Best Practice Guidelines, by September 2003 they changed the name of the grant to Best Practices in Behavior Support and Intervention: Preventing and Reducing the Use of Restraint and Seclusion.
The five goals for the Best Practices in Behavior Support and Intervention are:
1. Staff will use restraint and seclusion in emergency situations only when absolutely necessary to maintain the safety of themselves, [students], and others.
2. Eliminate the unnecessary use of restraint and seclusion.
3. Reduce the risk of deaths.
4. Reduce injuries among [children] and staff.
5. Reduce the duration of restraint and seclusion.
6. Increase debriefing with children, family members, and staff.
*Please note: As these goals were written to include children in residential facilities, I have substituted the word "resident" with the word "student" or "children" as necessary.
The CWLA strongly recommends the establishment of an Oversight Committee to monitor the reduction of such aversive techniques. The committee should include executive leadership (administrators), supervisors, staff members (teachers and aides), advocates and parents. The sole focus of the oversight committee is to monitor the campaign to reduce the use of restraint and seclusion.
Courier Post Online - Autism Blog
November 20, 2007
Reprinted with Permission
Many have emailed me personally about the Best Practice Guidelines from the Children's Welfare League of America (CWLA). Some inquired as to how they came about, others asked for the specific guidelines and why Cherry Hill does not follow them.
Let me begin by explaining how the CWLA came to their conclusions on what is considered "Best Practice." The CWLA was a participant in the Children's Health Act of 2000. They also wrote the Best Practice Guidelines for Behavior Management. Through their acquired experience they became all too familiar with the dangers associated with restraining special needs children, as many had incurred significant injuries and in some cases children actually died from the use of physical restraint. The CWLA was also familiar with the psychological impact that restraint and seclusion had on special needs children. These children became more anxious, and their behaviors worsened when secluded. After several years of writing and re-writing their guidelines on restraint and seclusion, the CWLA came to realize that the bigger problem was that restraint and seclusion could not possibly be part of any "Best Practice" approach. These techniques needed to be prevented and eliminated as much as possible. Restraint and seclusion serve no educational value and these practices injure and in some cases led to the death of special needs children.
The CWLA was also aware that training alone was not enough to reduce restraint and seclusion. Although staff training is a key aspect, many times the core leadership, needs to be changed in order to facilitate the culture change necessary to eliminate the need for restraint and seclusion.
"To truly reduce, if not eliminate these aversive techniques, it would require a change in leadership and a change in the organizational culture." (quote from the CWLA's report on preventing and reducing the use of restraint and seclusion.)
After numerous revisions of their Best Practice Guidelines, by September 2003 they changed the name of the grant to Best Practices in Behavior Support and Intervention: Preventing and Reducing the Use of Restraint and Seclusion.
The five goals for the Best Practices in Behavior Support and Intervention are:
1. Staff will use restraint and seclusion in emergency situations only when absolutely necessary to maintain the safety of themselves, [students], and others.
2. Eliminate the unnecessary use of restraint and seclusion.
3. Reduce the risk of deaths.
4. Reduce injuries among [children] and staff.
5. Reduce the duration of restraint and seclusion.
6. Increase debriefing with children, family members, and staff.
*Please note: As these goals were written to include children in residential facilities, I have substituted the word "resident" with the word "student" or "children" as necessary.
The CWLA strongly recommends the establishment of an Oversight Committee to monitor the reduction of such aversive techniques. The committee should include executive leadership (administrators), supervisors, staff members (teachers and aides), advocates and parents. The sole focus of the oversight committee is to monitor the campaign to reduce the use of restraint and seclusion.
- The committee must be empowered to implement changes (NETI, 2003).
- It should ensure that an executive team leader is on-call and that staff immediately report every incident of restraint and seclusion to him or her.
- The committee should carefully review every physical intervention incident, take responsibility for recommending any program or policy revisions based on incident review, and make sure that staff members are receiving the necessary resources to realize the committee's mission (Abrams, 2001).
The CWLA strongly believes that every time physical interventions become necessary it is an indication that the child's program has failed.
How can this help our special needs children in Cherry Hill?
First, we as a community must come to the realization that the Best Practice Guidelines must be adhered to in educating our special needs population. This will help both our special needs population as well as our typical students. It will also provide for training of our teachers and aides that are working with our children on a daily basis.
I think we can all agree that aversive techniques do not "teach" our children the skills to maintain themselves in a socially appropriate manner. Restraint and seclusion do not foster a child's development and do not serve any educational value.
Teaching the appropriate skills so that children can regulate their own behavior and focusing on the positive interventions for behavior modification should be the standard approach in our school district. It also happens to be the law. Any school administrator that does not comprehend this essential concept in behavior management should not be a school administrator.
Moving Forward:
Many parents have voiced their concerns about the use of physical restraint and seclusion as it applies to our special needs children. The blog that focused on this topic has continued to receive reader comments, which are now in excess of 130! While I am reasonably sure that the Board of Education continues to follow this blog, I think it may be important for parents to address the BOE about this topic during the next BOE meeting (Tuesday 11/27/07, 7:00 PM at Clara Barton Elementary School).
I think the BOE needs to hear from parents, as it pertains to the concerns regarding restraint and seclusion practices. Our BOE should also be made "officially" aware of the fact that parents have tried to follow the Chain of Command in resolving this critical issue. The fact that administrators, including our Superintendent, refused to address the matter with parents, does not mean that parents did not attempt to follow the Chain of Command. We have been given the usual runaround and parents need to advise the BOE of this.
If you are a parent that has tried to follow the Chain of Command, only to be referred back to the first link - it is important that you let the BOE know this. It is my understanding that our administrators position is that they have not received any complaints about this situation.It is highly possible that the BOE was given a watered down version of this padded closet and it's uses. It may be important for the BOE to hear the other side of this issue and learn more about this padded closet and the detrimental impact it could have on our children.
It has become apparent that many have lost faith in our current school administration. The fact that our administrator's even allowed this padded closet to be constructed, let alone defended its' use, is grounds for any parent to question the morals and integrity of our administrators. To add insult to injury, many were denied access to administrators when we had questions about this matter. Also, some of the comments that were left on the two prior blogs, presumably from administrators; have now led to a serious lack of confidence in the administration's ability or willfulness to provide a safe learning environment for our children. This too, needs to be brought to the attention of the BOE.
If we approach the BOE, during public comment, in a thoughtful and dignified manner, explaining our overall concerns, I believe we can make a great deal of progress and set forth measures to eliminate these aversive techniques in the future and hopefully foster an environment where parents, teachers and administrators can work together for the common good of our children.
There is some indication that our teachers support our position on this issue. We have had several teachers write in on the blog that have indicated the lack of training in regards to applying these positive interventions. Our teachers and aides have been requesting this critical training for some time. They are interested in applying these positive strategies to not only "teach" our children the necessary skills but also to reduce the incidents of restraint and seclusion. With all of the issues that our teaching staff is facing (working without a contract) I applaud them for taking the time to support parents on this issue.
Please join me at the next BOE meeting to stand up for the children in Cherry Hill that require positive behavioral supports. Mark your calendar for Tuesday, November 27, 2007 at 7:00 PM. This meeting is at Clara Barton Elementary School.
Since many have asked, and a few administrators have alluded to the fact that this padded closet did not exist, I am providing the pictures of the padded closet for anyone interested in viewing them. You will quickly realize why I do not like referring to this as a Quiet Room, as it was quite literally a padded closet! Click here to see the photos.
Please Note: I am not supplying these photos to "stir the pot" as an administrator accused me of recently. I want readers to see exactly what we are referring to and form their own conclusions.
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.
Unlawful Restraint of 3 Year Old?
By Dan O'Donnell
Story Created: Oct 11, 2007
Story Updated: Oct 30, 2007
Click here to listen to Dan's report
For Hasmig Tempesta, it was the surprise of her life.
Her autistic 3 year-old son Zachary attends the Early Childhood program at Red Apple Elementary School in Racine. While at home, he receives treatment from an autism therapist.
"She went to check in on [Zachary] at school and came back the next day to ask me if I knew he was being belted into a chair," Hasmig said. "Of course I said no. She explained that any time that he was sitting down, he was belted into that chair. She was there for an hour and a half and said he was in that chair for about 50 minutes."
That chair is known as a Rifton Toddler Chair and, according to the company's website, is intended to be used solely by children with physical disabilities and not as a behavioral restraint.
When Hasmig asked about this, the school would not give her a straight answer.
"They said 'some kids need it and some kids don't and it's really the parents' choice,'" she recalled, noting that the school never told her about its use of the chair.
The Wisconsin Department of Public Instruction's guidelines for the physical restraint and seclusion of students indicate that "the use of mechanical or chemical restraint is not appropriate for use in schools without medical authorization and oversight."
"It can only be used if it has been included in the individualized education plan (IEP) for a special needs student and a parent has been notified," said DPI communication coordinator Patrick Gasper.
Hasmig said the use of such mechanical restraint was not in Zachary's IEP, nor was it ever discussed with her. Both of these are apparent violations of DPI guidelines.
"We have already been in contact with the Racine Unified School District to remind them of the policies regarding the use of restraints on students with disabilities," Gasper reported. "They said they are making corrections."
In a prepared statement, Racine Unified reported that it is "working with the Red Apple parent and will reconvene the student's IEP team this week to discuss the needs of the student and how the district can best meet those needs within a classroom."
But in the interim, Hasmig said Zachary has still been placed in a Rifton Chair.
"He's strapped in when he's one-on-one in speech therapy. He was strapped in any time he was at the table. He was strapped in during circle time," she said.
On its website, the Autism National Committee "condemns the widespread and excessive use of mechanical and physical restraints in restricting the civil and human rights of people with disabilities," adding that "we believe that the use of restraints is a failure in treatment."
Local advocacy group Disability Rights Wisconsin agrees.
"For at least the last six years, we've been very concerned about the overuse of both seclusion and restraint of children in Wisconsin's schools," said the group's managing attorney Jeff Spitzer-Resnick. "We believe it's happening too often, based on the individuals who have expressed concern to us and the cases that we've investigated, some of which end up resulting in severe injuries. For instance, we've been involved in cases where children have had their elbows broken."
Spitzer-Resnick's colleague, advocacy specialist Cathy Steffke, says she's handled upwards of 50 improper restraint-related cases in southeast Wisconsin schools in the past few years and that this increase is due to a lack of firm legislation in the state.
"There is no statutory law related to the use of seclusion and restraint for children," she said. "There is statutory law for criminals. There is statutory law for people who have mental health issues, but for the most vulnerable of our citizens, children with disabilities, there is now law pertaining to their seclusion and restraint."
Hasmig Tempesta, though, isn't out to make new laws. She just wants each new school day for her Zachary to be a safe and happy one.
"He's a typical kid. Does he have issues he needs to work on? Yes, but it's nothing that they're not supposed to be able to handle."
Story Created: Oct 11, 2007
Story Updated: Oct 30, 2007
Click here to listen to Dan's report
For Hasmig Tempesta, it was the surprise of her life.
Her autistic 3 year-old son Zachary attends the Early Childhood program at Red Apple Elementary School in Racine. While at home, he receives treatment from an autism therapist.
"She went to check in on [Zachary] at school and came back the next day to ask me if I knew he was being belted into a chair," Hasmig said. "Of course I said no. She explained that any time that he was sitting down, he was belted into that chair. She was there for an hour and a half and said he was in that chair for about 50 minutes."
That chair is known as a Rifton Toddler Chair and, according to the company's website, is intended to be used solely by children with physical disabilities and not as a behavioral restraint.
When Hasmig asked about this, the school would not give her a straight answer.
"They said 'some kids need it and some kids don't and it's really the parents' choice,'" she recalled, noting that the school never told her about its use of the chair.
The Wisconsin Department of Public Instruction's guidelines for the physical restraint and seclusion of students indicate that "the use of mechanical or chemical restraint is not appropriate for use in schools without medical authorization and oversight."
"It can only be used if it has been included in the individualized education plan (IEP) for a special needs student and a parent has been notified," said DPI communication coordinator Patrick Gasper.
Hasmig said the use of such mechanical restraint was not in Zachary's IEP, nor was it ever discussed with her. Both of these are apparent violations of DPI guidelines.
"We have already been in contact with the Racine Unified School District to remind them of the policies regarding the use of restraints on students with disabilities," Gasper reported. "They said they are making corrections."
In a prepared statement, Racine Unified reported that it is "working with the Red Apple parent and will reconvene the student's IEP team this week to discuss the needs of the student and how the district can best meet those needs within a classroom."
But in the interim, Hasmig said Zachary has still been placed in a Rifton Chair.
"He's strapped in when he's one-on-one in speech therapy. He was strapped in any time he was at the table. He was strapped in during circle time," she said.
On its website, the Autism National Committee "condemns the widespread and excessive use of mechanical and physical restraints in restricting the civil and human rights of people with disabilities," adding that "we believe that the use of restraints is a failure in treatment."
Local advocacy group Disability Rights Wisconsin agrees.
"For at least the last six years, we've been very concerned about the overuse of both seclusion and restraint of children in Wisconsin's schools," said the group's managing attorney Jeff Spitzer-Resnick. "We believe it's happening too often, based on the individuals who have expressed concern to us and the cases that we've investigated, some of which end up resulting in severe injuries. For instance, we've been involved in cases where children have had their elbows broken."
Spitzer-Resnick's colleague, advocacy specialist Cathy Steffke, says she's handled upwards of 50 improper restraint-related cases in southeast Wisconsin schools in the past few years and that this increase is due to a lack of firm legislation in the state.
"There is no statutory law related to the use of seclusion and restraint for children," she said. "There is statutory law for criminals. There is statutory law for people who have mental health issues, but for the most vulnerable of our citizens, children with disabilities, there is now law pertaining to their seclusion and restraint."
Hasmig Tempesta, though, isn't out to make new laws. She just wants each new school day for her Zachary to be a safe and happy one.
"He's a typical kid. Does he have issues he needs to work on? Yes, but it's nothing that they're not supposed to be able to handle."
Tuesday, December 4, 2007
Shackles Case Prompts Policy Change
Shackles case prompts policy change
Published: Thursday, November 15, 2007
By Nancy Remsen
Burlington Free Press Staff Writer
An investigation into the use of shackles, deputies and a police cruiser to move a 7-year-old boy with mental illness between two hospitals led this week to a change in transport policy at Rutland Regional Medical Center.
Jill Jesso-White, spokeswoman for the medical center said that from now on, Rutland psychiatric patients -- adults and children -- who are being involuntarily committed to another hospital will travel in an ambulance under the least restrictive circumstances possible.
A deputy sheriff might accompany emergency medical personnel and the patient, Jesso-White said. "We don't plan on it being in shackles."
The change in policy comes after Vermont Protection and Advocacy Inc. criticized the hospital for placing a child in a cruiser wearing metal handcuffs for the 75-mile trip to The Retreat in Brattleboro without medical personnel. The incident occurred a year ago.
The child's grandmother and guardian, who persuaded law enforcement to let her ride along, complained to Vermont Protection and Advocacy, an organization charged with investigating allegations of abuse and neglect of people with disabilities. The organization issued its report to the public Wednesday but had already provided it to officials at Rutland Regional Medical Center.
"We took the matter very seriously," Jesso-White said. "We took it as an opportunity to review our practices."
In its report, Vermont Protection and Advocacy detailed how the boy, who has a history of mental illness that includes bipolar disorder and attention deficit and hyperactivity disorder, ended up in the emergency department of Rutland Regional Medical Center on two consecutive days after being disruptive at school. The second time, a Rutland police officer brought him to the hospital after he ran out of the school building, found a pipe and swung it at staff chasing him.
His grandmother agreed reluctantly to send him to The Retreat in Brattleboro for evaluation, never realizing he would travel in shackles.
Vermont Protection and Advocacy questioned whether the child needed a secure form of transportation for the trip because hospital records showed he was quiet for several hours before the departure.
More significantly, said A.J Rubin, VP&A's supervising attorney, it was illegal for the child to be sent in shackles with police but without medical personnel.
Lawmakers and mental health advocates began raising concerns four years ago about the mode of transportation being used to move acutely ill psychiatric patients. In 2004 the Legislature passed a law that directed "all reasonable and appropriate efforts" be made to use the least restrictive means possible. In 2006, the Legislature strengthened the law, saying, "It is the policy of the state of Vermont that mechanical restraints are not routinely used."
Still, a significant number of psychiatric patients -- including children -- have continued to be moved between hospitals in restraints in police cruisers because the patients are deemed dangers to themselves or others. The Vermont Protection and Advocacy investigation cited state data showing that half the 60 children sent to The Retreat in Brattleboro between September 2005 and January 2006 traveled in cruisers.
Only Southwestern Vermont Medical Center in Bennington has made it a practice to use ambulances rather than cruisers to move psychiatric patients.
In June, the HowardCenter and Washington County Mental Health Services expanded the options for patients in northwestern and central Vermont when they announced they would buy vans. The two agencies have trained staff who accompany patients in the vans or in ambulances. The new vans are equipped with comfortable seats, a selection of music and videos to reduce patients' stress.
Rep. Anne Donahue, R-Northfield, helped write the legislation that put restrictions on patient transportation. She became aware of the case involving the 7-year-old boy only Wednesday.
"After the Legislature speaking so clearly, how could anyone with a 7-year-old even think of doing it?" she asked. The law was strengthened in 2006, she said, because of the outrage that a 10-year-old autistic boy had been transported in shackles.
Contact Nancy Remsen at 651-4888 or nremsenb@bfp.burlingtonfreepress.com
Published: Thursday, November 15, 2007
By Nancy Remsen
Burlington Free Press Staff Writer
An investigation into the use of shackles, deputies and a police cruiser to move a 7-year-old boy with mental illness between two hospitals led this week to a change in transport policy at Rutland Regional Medical Center.
Jill Jesso-White, spokeswoman for the medical center said that from now on, Rutland psychiatric patients -- adults and children -- who are being involuntarily committed to another hospital will travel in an ambulance under the least restrictive circumstances possible.
A deputy sheriff might accompany emergency medical personnel and the patient, Jesso-White said. "We don't plan on it being in shackles."
The change in policy comes after Vermont Protection and Advocacy Inc. criticized the hospital for placing a child in a cruiser wearing metal handcuffs for the 75-mile trip to The Retreat in Brattleboro without medical personnel. The incident occurred a year ago.
The child's grandmother and guardian, who persuaded law enforcement to let her ride along, complained to Vermont Protection and Advocacy, an organization charged with investigating allegations of abuse and neglect of people with disabilities. The organization issued its report to the public Wednesday but had already provided it to officials at Rutland Regional Medical Center.
"We took the matter very seriously," Jesso-White said. "We took it as an opportunity to review our practices."
In its report, Vermont Protection and Advocacy detailed how the boy, who has a history of mental illness that includes bipolar disorder and attention deficit and hyperactivity disorder, ended up in the emergency department of Rutland Regional Medical Center on two consecutive days after being disruptive at school. The second time, a Rutland police officer brought him to the hospital after he ran out of the school building, found a pipe and swung it at staff chasing him.
His grandmother agreed reluctantly to send him to The Retreat in Brattleboro for evaluation, never realizing he would travel in shackles.
Vermont Protection and Advocacy questioned whether the child needed a secure form of transportation for the trip because hospital records showed he was quiet for several hours before the departure.
More significantly, said A.J Rubin, VP&A's supervising attorney, it was illegal for the child to be sent in shackles with police but without medical personnel.
Lawmakers and mental health advocates began raising concerns four years ago about the mode of transportation being used to move acutely ill psychiatric patients. In 2004 the Legislature passed a law that directed "all reasonable and appropriate efforts" be made to use the least restrictive means possible. In 2006, the Legislature strengthened the law, saying, "It is the policy of the state of Vermont that mechanical restraints are not routinely used."
Still, a significant number of psychiatric patients -- including children -- have continued to be moved between hospitals in restraints in police cruisers because the patients are deemed dangers to themselves or others. The Vermont Protection and Advocacy investigation cited state data showing that half the 60 children sent to The Retreat in Brattleboro between September 2005 and January 2006 traveled in cruisers.
Only Southwestern Vermont Medical Center in Bennington has made it a practice to use ambulances rather than cruisers to move psychiatric patients.
In June, the HowardCenter and Washington County Mental Health Services expanded the options for patients in northwestern and central Vermont when they announced they would buy vans. The two agencies have trained staff who accompany patients in the vans or in ambulances. The new vans are equipped with comfortable seats, a selection of music and videos to reduce patients' stress.
Rep. Anne Donahue, R-Northfield, helped write the legislation that put restrictions on patient transportation. She became aware of the case involving the 7-year-old boy only Wednesday.
"After the Legislature speaking so clearly, how could anyone with a 7-year-old even think of doing it?" she asked. The law was strengthened in 2006, she said, because of the outrage that a 10-year-old autistic boy had been transported in shackles.
Contact Nancy Remsen at 651-4888 or nremsenb@bfp.burlingtonfreepress.com
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.
Thursday, October 11, 2007
PRELIMINARY HEARING: Abuse recalled in court
Teacher hurt autistic kids, aide testifies
By K.C. HOWARD
REVIEW-JOURNAL
Oct. 11, 2007
Latasha Burse was working as a teacher's aide in a classroom of autistic students at Reed Elementary School in March when she heard a loud bang.
Burse testified in Justice Court on Wednesday that she turned around and saw the teacher, Mamie Hubbard-Washington, with her hand on the back of a 9-year-old autistic boy's neck.
Burse surmised that the teacher had just slammed the child's face onto the top of a table.
The boy, Matthew, was crying, which was uncharacteristic for him, Burse said.
Hubbard-Washington told the child to stop crying and left for lunch. Burse and another teacher's aide cleaned Matthew's mouth in the bathroom and took him to eat.
"His tooth was chipped, and his lip was bleeding," Burse said.
It was one of several suspicious injuries Matthew suffered in Hubbard-Washington's class that spring, prompting his mother to pull him out of the school before the end of the school year.
Hubbard-Washington, 64, is facing five felony charges of child abuse and neglect for injuries authorities allege she inflicted on her autistic students at Reed in 2006 and 2007. Wednesday was the second and final day of testimony in her preliminary hearing that will determine whether she will stand trial on the charges.
Burse and another teacher's aide testified Wednesday that they saw Hubbard-Washington hit, pinch, push and verbally abuse the children.
Parents testified on the first day of the hearing, Sept. 26, that after their children were placed in Hubbard-Washington's class, they started coming home with bruises on their hands, back or abdomen.
Because of their autism, many of the children do not speak.
Hubbard-Washington's attorney, Vince Consul, has said the allegations raised by the teacher's aides and parents aren't specific enough. They cannot, for instance, cite the dates on which much of the alleged abuse occurred.
Consul also said it can't be proven that the injuries occurred at the hands of Hubbard-Washington rather than on the playground or school bus.
Hubbard-Washington has denied the allegations, saying she has taught special education students since 1985 and had never been accused of abuse until now. The allegations are spurred by greed, she said, noting the parents are planning to file a lawsuit against the Clark County School District.
Aram Kouyoumdjian, an attorney representing the families, attended both days of the preliminary hearing. He said Wednesday that no suit had been filed.
Burse said she began to notice the teacher's abusive behavior a few months after Hubbard-Washington arrived at the school in January 2006.
She said she reported what she saw to her supervisor, Assistant Principal Randy Cheung.
Burse said it seemed as though the school's administrators were constantly investigating the teacher.
"The principal and assistant principal were in our room all the time," Burse said.
Cheung was set to testify for the defense Wednesday, but Justice of the Peace William Jansen advised him to speak with an attorney first because of potential civil litigation against the district.
The principal, Karen Bennett, previously testified that school officials initially had difficulties verifying some of the complaints raised by the aides and parents. After spending weeks investigating, school officials took the allegations to school district police on May 2. The district placed Hubbard-Washington on administrative leave on May 4.
Burse said Matthew was the first student she saw Hubbard-Washington go after. The teacher would hit Matthew "full force" with a yardstick "anywhere below the neck," Burse said.
She said she also saw Hubbard-Washington hit a student named Chris, who would often bang his head against his desk. Burse said Hubbard-Washington hit him on the head with a closed fist.
She recalled Hubbard-Washington telling the boy, "You better stop hitting your head or else I'll hit you."
On March 20, Burse said, Chris was cramming pizza into his mouth and Hubbard-Washington grabbed him by the back of the neck and "pushed his head into the trash can until he swallowed his food."
Burse also recalled Hubbard-Washington brushing the hair of the only girl in the classroom, a 7-year-old. But if the girl, Joanna, started to cry, Hubbard-Washington would strike her on the head with the brush, Burse said.
Another teacher's aide, Shari Pedrol-Little, testified that she left Hubbard-Washington's classroom in November 2006 after suffering a nervous breakdown.
She said Hubbard-Washington created a tense environment when she yelled at the children in the classroom, prompting them to act out.
In court, Pedrol-Little had to review her May statement to police to recall most of Hubbard-Washington's alleged abuses. The breakdown, she said, had affected her memory.
She said she witnessed Hubbard-Washington calling Joanna fat and at other times forcing food into her mouth.
She also recalled that Hubbard-Washington would hit Matthew with a yardstick and would strike the girl on the head with a brush "and tell her to shut up" if she began crying.
Jansen said he wants to review transcripts of the hearing before he listens to closing arguments and decides whether Hubbard-Washington will face the charges in District Court.
Consul and prosecutors Vicki Monroe and Noreen Nyikos are to argue the case before the judge on Oct. 31.
Contact reporter K.C. Howard at khoward@reviewjournal.com or (702) 380-1039.
By K.C. HOWARD
REVIEW-JOURNAL
Oct. 11, 2007
Latasha Burse was working as a teacher's aide in a classroom of autistic students at Reed Elementary School in March when she heard a loud bang.
Burse testified in Justice Court on Wednesday that she turned around and saw the teacher, Mamie Hubbard-Washington, with her hand on the back of a 9-year-old autistic boy's neck.
Burse surmised that the teacher had just slammed the child's face onto the top of a table.
The boy, Matthew, was crying, which was uncharacteristic for him, Burse said.
Hubbard-Washington told the child to stop crying and left for lunch. Burse and another teacher's aide cleaned Matthew's mouth in the bathroom and took him to eat.
"His tooth was chipped, and his lip was bleeding," Burse said.
It was one of several suspicious injuries Matthew suffered in Hubbard-Washington's class that spring, prompting his mother to pull him out of the school before the end of the school year.
Hubbard-Washington, 64, is facing five felony charges of child abuse and neglect for injuries authorities allege she inflicted on her autistic students at Reed in 2006 and 2007. Wednesday was the second and final day of testimony in her preliminary hearing that will determine whether she will stand trial on the charges.
Burse and another teacher's aide testified Wednesday that they saw Hubbard-Washington hit, pinch, push and verbally abuse the children.
Parents testified on the first day of the hearing, Sept. 26, that after their children were placed in Hubbard-Washington's class, they started coming home with bruises on their hands, back or abdomen.
Because of their autism, many of the children do not speak.
Hubbard-Washington's attorney, Vince Consul, has said the allegations raised by the teacher's aides and parents aren't specific enough. They cannot, for instance, cite the dates on which much of the alleged abuse occurred.
Consul also said it can't be proven that the injuries occurred at the hands of Hubbard-Washington rather than on the playground or school bus.
Hubbard-Washington has denied the allegations, saying she has taught special education students since 1985 and had never been accused of abuse until now. The allegations are spurred by greed, she said, noting the parents are planning to file a lawsuit against the Clark County School District.
Aram Kouyoumdjian, an attorney representing the families, attended both days of the preliminary hearing. He said Wednesday that no suit had been filed.
Burse said she began to notice the teacher's abusive behavior a few months after Hubbard-Washington arrived at the school in January 2006.
She said she reported what she saw to her supervisor, Assistant Principal Randy Cheung.
Burse said it seemed as though the school's administrators were constantly investigating the teacher.
"The principal and assistant principal were in our room all the time," Burse said.
Cheung was set to testify for the defense Wednesday, but Justice of the Peace William Jansen advised him to speak with an attorney first because of potential civil litigation against the district.
The principal, Karen Bennett, previously testified that school officials initially had difficulties verifying some of the complaints raised by the aides and parents. After spending weeks investigating, school officials took the allegations to school district police on May 2. The district placed Hubbard-Washington on administrative leave on May 4.
Burse said Matthew was the first student she saw Hubbard-Washington go after. The teacher would hit Matthew "full force" with a yardstick "anywhere below the neck," Burse said.
She said she also saw Hubbard-Washington hit a student named Chris, who would often bang his head against his desk. Burse said Hubbard-Washington hit him on the head with a closed fist.
She recalled Hubbard-Washington telling the boy, "You better stop hitting your head or else I'll hit you."
On March 20, Burse said, Chris was cramming pizza into his mouth and Hubbard-Washington grabbed him by the back of the neck and "pushed his head into the trash can until he swallowed his food."
Burse also recalled Hubbard-Washington brushing the hair of the only girl in the classroom, a 7-year-old. But if the girl, Joanna, started to cry, Hubbard-Washington would strike her on the head with the brush, Burse said.
Another teacher's aide, Shari Pedrol-Little, testified that she left Hubbard-Washington's classroom in November 2006 after suffering a nervous breakdown.
She said Hubbard-Washington created a tense environment when she yelled at the children in the classroom, prompting them to act out.
In court, Pedrol-Little had to review her May statement to police to recall most of Hubbard-Washington's alleged abuses. The breakdown, she said, had affected her memory.
She said she witnessed Hubbard-Washington calling Joanna fat and at other times forcing food into her mouth.
She also recalled that Hubbard-Washington would hit Matthew with a yardstick and would strike the girl on the head with a brush "and tell her to shut up" if she began crying.
Jansen said he wants to review transcripts of the hearing before he listens to closing arguments and decides whether Hubbard-Washington will face the charges in District Court.
Consul and prosecutors Vicki Monroe and Noreen Nyikos are to argue the case before the judge on Oct. 31.
Contact reporter K.C. Howard at khoward@reviewjournal.com or (702) 380-1039.
Saturday, May 26, 2007
Teacher Jesus Garcia Gets Drunk on Field Trip and Abuses Kids
From Teacher Smack Down
Anne-Marie Nichols
May 25, 2007
On a field trip to Washington, D.C., teacher Jesus Garcia got drunk, cursed at students, spanked them, and flung one on a bed. And now parents are outraged that no charges were filed against the soccer coach and ESL instructor for Immokalee Community School. Florida’s Department of Children and Families is investigating.
After a five-day field trip to Washington, D.C., five fifth graders were in their room at the Embassy Suites when Garcia told the group he was going downstairs and would return in 10 minutes. He returned an hour later drunk off his ass and smelling like booze.
Garcia started cussing and spanked the kids. He picked one of the boys up and threw him on the bed. Then Garcia told another student to kick the boy.
The school chaperones knew something was wrong when the five children did not show up for dinner. When chaperones approached the room, Garcia wouldn’t let the kids open the door. The chaperones found the children frightened and upset. They put Garcia in a separate hotel and paid for a separate flight, which he missed.
School officials immediately contacted the children’s parents. They also fired Garcia and are providing counseling for students and parents.
What a friggin’ nightmare. You’re 12 year old and you’ve worked hard all school year to raise money for a field trip to the nation’s capitol. During the trip a teacher gets drunk, and physically and verbally assaults you and your classmates. Then he practically holds you hostage in your hotel room.
I agree with the parents that Garcia needs to be charged immediately…and get some treatment for his alcoholism.
http://www.teachersmackdown.com/teacher-jesus-garcia-gets-drunk-on-field-trip-and-abuses-kids/
Anne-Marie Nichols
May 25, 2007
On a field trip to Washington, D.C., teacher Jesus Garcia got drunk, cursed at students, spanked them, and flung one on a bed. And now parents are outraged that no charges were filed against the soccer coach and ESL instructor for Immokalee Community School. Florida’s Department of Children and Families is investigating.
After a five-day field trip to Washington, D.C., five fifth graders were in their room at the Embassy Suites when Garcia told the group he was going downstairs and would return in 10 minutes. He returned an hour later drunk off his ass and smelling like booze.
Garcia started cussing and spanked the kids. He picked one of the boys up and threw him on the bed. Then Garcia told another student to kick the boy.
The school chaperones knew something was wrong when the five children did not show up for dinner. When chaperones approached the room, Garcia wouldn’t let the kids open the door. The chaperones found the children frightened and upset. They put Garcia in a separate hotel and paid for a separate flight, which he missed.
School officials immediately contacted the children’s parents. They also fired Garcia and are providing counseling for students and parents.
What a friggin’ nightmare. You’re 12 year old and you’ve worked hard all school year to raise money for a field trip to the nation’s capitol. During the trip a teacher gets drunk, and physically and verbally assaults you and your classmates. Then he practically holds you hostage in your hotel room.
I agree with the parents that Garcia needs to be charged immediately…and get some treatment for his alcoholism.
http://www.teachersmackdown.com/teacher-jesus-garcia-gets-drunk-on-field-trip-and-abuses-kids/
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