Wednesday, June 4, 2008 3:49 PM PDT
By The Associated Press
OAKRIDGE, Ore. — A teacher in the Oakridge School District has been placed on paid administrative leave after allegedly taping a student to a chair because he wouldn't sit down.
Superintendent Don Kordosky declined to identify the teacher Tuesday, but confirmed she was removed from her Oakridge Elementary School classroom last week after the mother of a 9-year-old boy reported the May 28 incident.
The boy's mother, Becky Faile, does not have a listed phone number and could not be reached for comment Tuesday night. In interviews with local television stations, she said the teacher taped her son from his knees to his chest after he refused requests to sit down.
Faile said her son's poor behavior was not a strong enough reason for him to be humiliated in front of his peers. Faile said she has contacted a lawyer.
Under Oregon law, "a teacher may use reasonable physical force upon a student when and to the extent the teacher reasonably believes it is necessary to maintain order in the school or classroom."
It's unclear if masking tape is considered reasonable.
On the advice of her Oregon Education Association legal counsel, the Oakridge teacher is not commenting on the incident until district officials have provided her with the results of their investigation, said Dan Fisher, president of the Oakridge Teachers Association.
"It's a shame that the process has worked this way with the media coverage, because it's been almost a guilty until proven innocent thing," he said. "Even if she is totally cleared, she may never get her good name back."
http://www.tdn.com/articles/2008/06/04/breaking_news/doc4846bfd72a0ea265914603.txt
Thursday, June 5, 2008
Sunday, June 1, 2008
Police: Teacher's Aide Attacks Autistic Student
POSTED: 10:11 pm EDT May 30, 2008
UPDATED: 10:28 pm EDT May 30, 2008
COCONUT CREEK, Fla. -- A Coconut Creek teacher's aide is under investigation after an autistic student was attacked with a metal chair at school earlier this month, police said.
The 17-year-old student's mother, Sandy Teich, said her world has been turned upside down after hearing what happened to her son, Michael.
The incident happened at Monarch High School on May 6, police said. According to Teich and police, a teacher's aide threw a chair at the boy during a confrontation in the gym.
Teich said her son's injuries were minor, but the incident has taken an emotional toll. She said she has asked the school board to remove Michael from the school.
Police said they have turned the case over to prosecutors and have recommended the aide be charged with child abuse.
UPDATED: 10:28 pm EDT May 30, 2008
COCONUT CREEK, Fla. -- A Coconut Creek teacher's aide is under investigation after an autistic student was attacked with a metal chair at school earlier this month, police said.
The 17-year-old student's mother, Sandy Teich, said her world has been turned upside down after hearing what happened to her son, Michael.
The incident happened at Monarch High School on May 6, police said. According to Teich and police, a teacher's aide threw a chair at the boy during a confrontation in the gym.
Teich said her son's injuries were minor, but the incident has taken an emotional toll. She said she has asked the school board to remove Michael from the school.
Police said they have turned the case over to prosecutors and have recommended the aide be charged with child abuse.
Tuesday, May 27, 2008
Lee County Teacher Accused of Hitting Child Agrees to Settlement
May 25, 2008
news-press.com
The Florida Department of Education has agreed to a settlement with a Lee County teacher it was investigating on allegations she had hit at least two disabled students while she worked in Charlotte County.
Catherine Hile, 42, who teaches autistic students in kindergarten through second grade at Gulf Elementary in Cape Coral and the department agreed to the settlement Tuesday, according to the Florida Division of Administrative Hearings.
Terms of the settlement were not disclosed. It could not be determined Sunday whether Hile’s employment status with the Lee County School District was affected by the settlement.
The division itself closed the case Friday and canceled hearings that had been scheduled for this week in Port Charlotte.
The state investigation, which came to light in January, cost Hile a shot at the coveted Golden Apple Award, one of the highest honors a Lee County public school teacher can receive. She had been named a finalist in that competition, but her name was withdrawn after the school district informed the Foundation for Lee County Public Schools of the state probe.
The foundation runs the Golden Apple Teacher Recognition Program, which honors six Lee County teachers every year.
Hile was placed on paid suspension in the fall of 2005 while she taught at Charlotte Harbor Center, a school for children with disabilities run by the Charlotte County School District.
The News-Press reported in 2005 that Hile had been given a letter of reprimand in April 1994 when she was accused of using inappropriate language and hitting a student in the face. She also had been given a memo in November 1994 about her classroom environment. The memo said it appeared to be “unsafe.”
The Charlotte school board voted in December 2005 to accept her resignation. Assistant Superintendent Doug Whittaker said the district’s investigation produced more than enough evidence that Hile struck a student. She was accused of hitting a student three times after that child struck an autistic classmate the same number of times.
No criminal charges were filed against Hile in Charlotte County.
Hile then was hired as an exceptional student education liaison at DeSoto Middle School in Arcadia in January 2006. She was fired in March 2006 without cause under a state rule that allows teachers to be fired for any reason, or none, in their first 97 days of employment, DeSoto County schools Superintendent Adrian Cline said. That rule also allows teachers to leave a school district with no notice or reason in their first 97 days.
news-press.com
The Florida Department of Education has agreed to a settlement with a Lee County teacher it was investigating on allegations she had hit at least two disabled students while she worked in Charlotte County.
Catherine Hile, 42, who teaches autistic students in kindergarten through second grade at Gulf Elementary in Cape Coral and the department agreed to the settlement Tuesday, according to the Florida Division of Administrative Hearings.
Terms of the settlement were not disclosed. It could not be determined Sunday whether Hile’s employment status with the Lee County School District was affected by the settlement.
The division itself closed the case Friday and canceled hearings that had been scheduled for this week in Port Charlotte.
The state investigation, which came to light in January, cost Hile a shot at the coveted Golden Apple Award, one of the highest honors a Lee County public school teacher can receive. She had been named a finalist in that competition, but her name was withdrawn after the school district informed the Foundation for Lee County Public Schools of the state probe.
The foundation runs the Golden Apple Teacher Recognition Program, which honors six Lee County teachers every year.
Hile was placed on paid suspension in the fall of 2005 while she taught at Charlotte Harbor Center, a school for children with disabilities run by the Charlotte County School District.
The News-Press reported in 2005 that Hile had been given a letter of reprimand in April 1994 when she was accused of using inappropriate language and hitting a student in the face. She also had been given a memo in November 1994 about her classroom environment. The memo said it appeared to be “unsafe.”
The Charlotte school board voted in December 2005 to accept her resignation. Assistant Superintendent Doug Whittaker said the district’s investigation produced more than enough evidence that Hile struck a student. She was accused of hitting a student three times after that child struck an autistic classmate the same number of times.
No criminal charges were filed against Hile in Charlotte County.
Hile then was hired as an exceptional student education liaison at DeSoto Middle School in Arcadia in January 2006. She was fired in March 2006 without cause under a state rule that allows teachers to be fired for any reason, or none, in their first 97 days of employment, DeSoto County schools Superintendent Adrian Cline said. That rule also allows teachers to leave a school district with no notice or reason in their first 97 days.
Monday, May 26, 2008
Teacher lets Morningside students vote out classmate, 5
By Colleen Wixon (Contact)
Saturday, May 24, 2008
TCPalm.com
PORT ST. LUCIE — Melissa Barton said she is considering legal action after her son's kindergarten teacher led his classmates to vote him out of class.
After each classmate was allowed to say what they didn't like about Barton's 5-year-old son,
Alex, his Morningside Elementary teacher Wendy Portillo said they were going to take a vote, Barton said.
By a 14 to 2 margin, the students voted Alex — who is in the process of being diagnosed with autism — out of the class.
Melissa Barton filed a complaint with Morningside's school resource officer, who investigated the matter, Port St. Lucie Department spokeswoman Michelle Steele said. But the state attorney's office concluded the matter did not meet the criteria for emotional child abuse, so no criminal charges will be filed, Steele said.
Port St. Lucie Police no longer are investigating, but police officials are documenting the complaint, she said.
Steele said the teacher confirmed the incident took place.
Portillo could not be reached for comment Friday.
Steele said the boy had been sent to the principal's office because of disciplinary issues. When he returned, Portillo made him go to the front of the room as a form of punishment, she said.
Barton said her son is in the process of being diagnosed with Asperger's syndrome, a type of high-functioning autism. Alex began the testing process in February at the suggestion of Morningside Principal Marcia Cully.
Children diagnosed with Asperger's often exhibit social isolation and eccentric behavior..
Alex has had disciplinary issues because of his disability, Barton said. After the family moved into the area and Alex and his sibling arrived at the school in January, Alex spent much of the time in the principal's office, she said.
He also had problems at his last school, but he did not have issues during his two years of preschool, Barton said.
School and district officials have met with Barton and her son to create an individual education plan to address his difficulties, she said. Portillo attended these meetings, Barton said.
Barton said after the vote, Portillo asked Alex how he felt.
"He said, 'I feel sad,' " Barton said.
Alex left the classroom and spent the rest of the day in the nurse's office, she said.
Barton said when she came to pick up her son at the school Wednesday, he was leaving the nurse's office.
"He was shaken up," she said.
Barton said the nurse told her to talk with Portillo, who told her what happened.
Alex hasn't been back to school since then, and Barton said he won't be returning. He starts screaming when she brings him with her to drop off his sibling at school.
Thursday night, his mother heard him saying "I'm not special" over and over.
Barton said Alex is reliving the incident.
The other students said he was "disgusting" and "annoying," Barton said.
"He was incredibly upset," Barton said. "The only friend he has ever made in his life was forced to do this."
St. Lucie School's spokeswoman Janice Karst said the district is investigating the incident, but could not make any further comment.
Vern Melvin, Department of Children and Families circuit administrator, confirmed the agency is investigating an allegation of abuse at Morningside but said he could not elaborate.
Saturday, May 24, 2008
TCPalm.com
PORT ST. LUCIE — Melissa Barton said she is considering legal action after her son's kindergarten teacher led his classmates to vote him out of class.
After each classmate was allowed to say what they didn't like about Barton's 5-year-old son,
Alex, his Morningside Elementary teacher Wendy Portillo said they were going to take a vote, Barton said.
By a 14 to 2 margin, the students voted Alex — who is in the process of being diagnosed with autism — out of the class.
Melissa Barton filed a complaint with Morningside's school resource officer, who investigated the matter, Port St. Lucie Department spokeswoman Michelle Steele said. But the state attorney's office concluded the matter did not meet the criteria for emotional child abuse, so no criminal charges will be filed, Steele said.
Port St. Lucie Police no longer are investigating, but police officials are documenting the complaint, she said.
Steele said the teacher confirmed the incident took place.
Portillo could not be reached for comment Friday.
Steele said the boy had been sent to the principal's office because of disciplinary issues. When he returned, Portillo made him go to the front of the room as a form of punishment, she said.
Barton said her son is in the process of being diagnosed with Asperger's syndrome, a type of high-functioning autism. Alex began the testing process in February at the suggestion of Morningside Principal Marcia Cully.
Children diagnosed with Asperger's often exhibit social isolation and eccentric behavior..
Alex has had disciplinary issues because of his disability, Barton said. After the family moved into the area and Alex and his sibling arrived at the school in January, Alex spent much of the time in the principal's office, she said.
He also had problems at his last school, but he did not have issues during his two years of preschool, Barton said.
School and district officials have met with Barton and her son to create an individual education plan to address his difficulties, she said. Portillo attended these meetings, Barton said.
Barton said after the vote, Portillo asked Alex how he felt.
"He said, 'I feel sad,' " Barton said.
Alex left the classroom and spent the rest of the day in the nurse's office, she said.
Barton said when she came to pick up her son at the school Wednesday, he was leaving the nurse's office.
"He was shaken up," she said.
Barton said the nurse told her to talk with Portillo, who told her what happened.
Alex hasn't been back to school since then, and Barton said he won't be returning. He starts screaming when she brings him with her to drop off his sibling at school.
Thursday night, his mother heard him saying "I'm not special" over and over.
Barton said Alex is reliving the incident.
The other students said he was "disgusting" and "annoying," Barton said.
"He was incredibly upset," Barton said. "The only friend he has ever made in his life was forced to do this."
St. Lucie School's spokeswoman Janice Karst said the district is investigating the incident, but could not make any further comment.
Vern Melvin, Department of Children and Families circuit administrator, confirmed the agency is investigating an allegation of abuse at Morningside but said he could not elaborate.
Saturday, May 24, 2008
Teacher's aide charged with bruising 6-year-old student in Virginia
The boy's grandmother said both of his shoulders were "completely black and blue."
May 23, 2008
By Donna Alvis-Banks
A teacher's aide at Falling Branch Elementary School has been charged with a misdemeanor amid allegations he bruised a student.
Jesse Lamont Crutchfield, 34, of Blacksburg was charged with contributing to the delinquency of a minor Tuesday after a May 14 incident. The charge is punishable by a maximum of 12 months in jail and a $2,500 fine.
The 6-year-old kindergartner at the school was in a special education class, where Crutchfield served as a teacher's aide, according to the boy's grandmother and legal custodian, Debra Long.
Long said her grandson has Hirschsprung's disease, an intestinal disorder that causes an inability to control bowel movements. Long said she had informed the school earlier in the year that the boy had special needs regarding bathroom access. Long said she had noticed that her grandson's underpants were stained with dried feces in recent weeks. Long said she received a call about 1 p.m. May 14 from a school nurse who told her that her grandson "might have a little tiny bruise on his arm because one of the teachers had to get him by the arm to get him where he was supposed to go." Long said the boy told her the aide would not allow him to go to the bathroom.
"I did not think a whole lot about it," she said, noting that she did not become concerned until her grandson was getting into his pajamas later that afternoon. When he removed his shirt, she said "both of his shoulders were completely black and blue."
Long said she called the Christiansburg Police Department that evening. Police spokesman Barry O'Rourke could not be reached for comment Thursday.
"The school saw pictures of my grandson. The school board saw the pictures, also," Long said. "I went down to the school this past Monday and he [Crutchfield] was still there." Long said she is furious that the aide was allowed to remain at the school after the incident. She said she was told that he had been assigned to another classroom.
Mark Pasier, human resources director for Montgomery County schools, confirmed Thursday that Crutchfield had submitted his resignation, effective for the next school year. He said the aide, paid $9.70 per hour, had worked for the school system since August 2006.
He would not say if Crutchfield was on paid leave but did say the school was working with authorities on the matter. Pasier said he could not comment further on a personnel matter.
Falling Branch Principal Julie Vanidestine sent a letter home with students Wednesday in reference to "an incident that is a personnel matter." She said in the letter that she could not comment for that reason.
Someone answering phones at the school said Crutchfield was not there Thursday.
May 23, 2008
By Donna Alvis-Banks
A teacher's aide at Falling Branch Elementary School has been charged with a misdemeanor amid allegations he bruised a student.
Jesse Lamont Crutchfield, 34, of Blacksburg was charged with contributing to the delinquency of a minor Tuesday after a May 14 incident. The charge is punishable by a maximum of 12 months in jail and a $2,500 fine.
The 6-year-old kindergartner at the school was in a special education class, where Crutchfield served as a teacher's aide, according to the boy's grandmother and legal custodian, Debra Long.
Long said her grandson has Hirschsprung's disease, an intestinal disorder that causes an inability to control bowel movements. Long said she had informed the school earlier in the year that the boy had special needs regarding bathroom access. Long said she had noticed that her grandson's underpants were stained with dried feces in recent weeks. Long said she received a call about 1 p.m. May 14 from a school nurse who told her that her grandson "might have a little tiny bruise on his arm because one of the teachers had to get him by the arm to get him where he was supposed to go." Long said the boy told her the aide would not allow him to go to the bathroom.
"I did not think a whole lot about it," she said, noting that she did not become concerned until her grandson was getting into his pajamas later that afternoon. When he removed his shirt, she said "both of his shoulders were completely black and blue."
Long said she called the Christiansburg Police Department that evening. Police spokesman Barry O'Rourke could not be reached for comment Thursday.
"The school saw pictures of my grandson. The school board saw the pictures, also," Long said. "I went down to the school this past Monday and he [Crutchfield] was still there." Long said she is furious that the aide was allowed to remain at the school after the incident. She said she was told that he had been assigned to another classroom.
Mark Pasier, human resources director for Montgomery County schools, confirmed Thursday that Crutchfield had submitted his resignation, effective for the next school year. He said the aide, paid $9.70 per hour, had worked for the school system since August 2006.
He would not say if Crutchfield was on paid leave but did say the school was working with authorities on the matter. Pasier said he could not comment further on a personnel matter.
Falling Branch Principal Julie Vanidestine sent a letter home with students Wednesday in reference to "an incident that is a personnel matter." She said in the letter that she could not comment for that reason.
Someone answering phones at the school said Crutchfield was not there Thursday.
Tuesday, May 20, 2008
Oldham County school at odds with parents of autistic boy
May 19, 2008
Charges met by countercharges
By Deborah Yetter
mailto:mdyetter@courier-journal.com
Oldham County school officials say they will seek truancy charges against a Centerfield couple who removed their autistic son from his public elementary school after learning he'd been locked repeatedly in a small "time-out" room.
Jeanie Montgomery, who pulled her 9-year-old son, Matthew, from Crestwood Elementary on March 31, had requested home educational services for him for the rest of the school year, citing his medical and psychological problems, as well as concerns about cuts and scrapes he received at school. She said she has reported those concerns to state child-abuse authorities.
State law allows school districts to provide homebound services for children whose families prove that an illness or disability makes it inadvisable for them to go to school.
But Oldham officials rejected Montgomery's request, and on May 8 they sent her and her husband, Robert, a "final notice" warning that school officials would take them to court if Matthew wasn't returned to school, according to a copy of the letter the family provided The Courier-Journal.
Jeanie Montgomery said she and her husband have no plans to comply.
"I don't think Matthew needs to be in that environment," she said. "I think it's been very damaging to him."
Oldham County school spokeswoman Rebecca DeSensi confirmed that the school system plans to seek charges. She said school officials don't believe Matthew qualifies for home services and said state child-abuse investigators have not reported that he is in any danger if he returns to finish out the school year, which ends June 5.
"That's why we are expecting him to be in school," she said.
Oldham County policy deems a student truant after six unexcused absences. Matthew has accumulated 22 unexcused absences from March 31 through May 7, according to the school system's May 8 final notice to Montgomery.
DeSensi said the school system applies the policy to all children.
"The state says kids must be in school," she said.
But Montgomery said she believes Matthew was mistreated at school, including being placed nearly 80 times in the time-out room last fall, sometimes locked in. On his last day of school, March 28, Montgomery said Matthew came home with injuries including abrasions that Kosair Children's Hospital reported to authorities as possible abuse.
DeSensi said state investigators have not told the school system anything about their investigation -- including whether they have reached any conclusions. State officials have told
The Courier-Journal they can't comment because of confidentiality laws.
DeSensi and Anne Coorssen, general counsel for the Oldham school system, discussed many specifics of Matthew's case in an interview Wednesday, including the decision to deny him home services.
But they said they could provide more information if Matthew's mother would sign a release. Montgomery declined, saying she has lost trust in the school system and isn't willing to sign any documents they produce.
Oldham County Attorney John Fendley, who handles truancy prosecutions, said the case hasn't reached his office. But generally, he said, parents reported to him by the school system are charged with the misdemeanor offense of unlawful transaction with a minor.
The penalty is up to one year in jail and a $500 fine.
"These are not easy cases, believe me," said Fendley, adding that he evaluates each case before deciding how to proceed. "This autism situation is going to be a difficult one."
Matthew is considered severely autistic and has limited speech, but his private therapists who work with him at home say he is intelligent and capable of learning. Matthew had been in a class with other autistic students at Crestwood Elementary but recently had been receiving much of his instruction alone in a separate classroom, according to his mother and therapists.
Position elicits surprise
The school system's intent to seek charges against the parents shocked Terry Brooks, executive director of Kentucky Youth Advocates and a former educator and high school principal.
"That's amazing," he said. "I would hope that the school system would reconsider its position and focus on the best interests of the child."
State law gives local school districts broad discretion on whether to offer home services, said Lisa Gross, a spokeswoman for the state Education Department.
"It's all about what's appropriate for the particular child's need," she said. "It really is a local issue."
In Jefferson County, about 4,200 of the public school system's 98,000 students -- about one out of 23 -- received home educational services this year, according to school officials.
In Oldham, 35 of the system's 12,000 students -- about one out of 340 -- were approved for home services this year, DeSensi said.
To receive home services, state law requires a signed physician's statement that the child's condition "prevents or renders inadvisable attendance at school."
Montgomery said she has provided two such letters from Matthew's pediatricians, the last one asking for more time for an independent psychological examination of the child.
A March 28 letter from Dr. Jeff Wampler, with All Children Pediatrics, cited Matthew's autism and other health issues, including allergies and gastrointestinal problems, as a reason for requesting temporary homebound services. On an application the school requested, Wampler also cited "investigation for abuse at school."
In a follow-up letter to Oldham school officials on May 1, Dr. Jeffrey Burton said he believes Matthew may be suffering from fear and stress over his experiences at school and requested time for a psychologist's evaluation.
"I would encourage you to allow Matthew's parents more time and latitude before you start any type of legal proceeding," Burton wrote.
But Coorssen said the school system does not believe the physicians' letters adequately detailed Matthew's medical problems.
"Those are just blanket statements you can get from anybody," she said.
School defends itself
DeSensi said Oldham school Superintendent Paul S. Upchurch would not comment on the case because he does not talk to reporters. But she said he believes the district has handled
Matthew's case appropriately.
"The superintendent believes that all Oldham County schools are safe," DeSensi said. "We have excellent services for all of our special-needs children."
Montgomery disagrees.
"Everyone's got such a wonderful perception of Oldham County schools," she said. "If you have a special-needs kid, they are not doing their job, as far as I'm concerned."
Montgomery said she met with school officials repeatedly to try to resolve the situation before deciding to remove Matthew. She said she, her lawyer and a therapist met again with school officials for about 10 hours over two days last week in an unsuccessful attempt to agree on an educational plan.
Montgomery said school officials offered to transfer Matthew to another school -- but only if the same special-needs teacher accompanied him. Montgomery said she wouldn't agree to that.
She said school officials also insisted they needed to continue use of a time-out room for misbehavior, which Montgomery and Meghan Launius, a therapist who works with Matthew at home, said is nothing more than an empty, poorly lit closet.
School officials cited Matthew's aggressive behavior -- hitting, scratching or trying to bite staff -- as the reason they need to continue use of the time-out room, said Montgomery and Launius, who also attended the meeting.
"They seem to believe that because his behaviors are getting worse, it's okay to be more punitive," Launius said. "I think he's acting that way because they are acting more punitive."
School records the family obtained showed that Matthew had been placed in the time-out room nearly 80 times last fall.
School officials removed a lock on the room after Montgomery observed a teacher releasing Matthew from there during an unexpected visit to his classroom in November.
Before that, Montgomery said she hadn't realized Matthew was being locked in the small room and thought time-out meant he was being isolated in his classroom.
Coorssen said in April that school officials didn't know who put the lock on the time-out room door, but had ordered it removed and were investigating how it got there. She said Wednesday the investigation is continuing.
Montgomery said her next step is to pursue a formal complaint with the state Education Department, alleging Matthew is being denied appropriate educational services.
Meanwhile, she said she is prepared to defend herself against possible truancy charges.
"I really think they thought I was going to be scared of them, but I'm not," she said. "I know they've made some huge mistakes."
Reporter Deborah Yetter can be reached at (502) 582-4228.
Charges met by countercharges
By Deborah Yetter
mailto:mdyetter@courier-journal.com
Oldham County school officials say they will seek truancy charges against a Centerfield couple who removed their autistic son from his public elementary school after learning he'd been locked repeatedly in a small "time-out" room.
Jeanie Montgomery, who pulled her 9-year-old son, Matthew, from Crestwood Elementary on March 31, had requested home educational services for him for the rest of the school year, citing his medical and psychological problems, as well as concerns about cuts and scrapes he received at school. She said she has reported those concerns to state child-abuse authorities.
State law allows school districts to provide homebound services for children whose families prove that an illness or disability makes it inadvisable for them to go to school.
But Oldham officials rejected Montgomery's request, and on May 8 they sent her and her husband, Robert, a "final notice" warning that school officials would take them to court if Matthew wasn't returned to school, according to a copy of the letter the family provided The Courier-Journal.
Jeanie Montgomery said she and her husband have no plans to comply.
"I don't think Matthew needs to be in that environment," she said. "I think it's been very damaging to him."
Oldham County school spokeswoman Rebecca DeSensi confirmed that the school system plans to seek charges. She said school officials don't believe Matthew qualifies for home services and said state child-abuse investigators have not reported that he is in any danger if he returns to finish out the school year, which ends June 5.
"That's why we are expecting him to be in school," she said.
Oldham County policy deems a student truant after six unexcused absences. Matthew has accumulated 22 unexcused absences from March 31 through May 7, according to the school system's May 8 final notice to Montgomery.
DeSensi said the school system applies the policy to all children.
"The state says kids must be in school," she said.
But Montgomery said she believes Matthew was mistreated at school, including being placed nearly 80 times in the time-out room last fall, sometimes locked in. On his last day of school, March 28, Montgomery said Matthew came home with injuries including abrasions that Kosair Children's Hospital reported to authorities as possible abuse.
DeSensi said state investigators have not told the school system anything about their investigation -- including whether they have reached any conclusions. State officials have told
The Courier-Journal they can't comment because of confidentiality laws.
DeSensi and Anne Coorssen, general counsel for the Oldham school system, discussed many specifics of Matthew's case in an interview Wednesday, including the decision to deny him home services.
But they said they could provide more information if Matthew's mother would sign a release. Montgomery declined, saying she has lost trust in the school system and isn't willing to sign any documents they produce.
Oldham County Attorney John Fendley, who handles truancy prosecutions, said the case hasn't reached his office. But generally, he said, parents reported to him by the school system are charged with the misdemeanor offense of unlawful transaction with a minor.
The penalty is up to one year in jail and a $500 fine.
"These are not easy cases, believe me," said Fendley, adding that he evaluates each case before deciding how to proceed. "This autism situation is going to be a difficult one."
Matthew is considered severely autistic and has limited speech, but his private therapists who work with him at home say he is intelligent and capable of learning. Matthew had been in a class with other autistic students at Crestwood Elementary but recently had been receiving much of his instruction alone in a separate classroom, according to his mother and therapists.
Position elicits surprise
The school system's intent to seek charges against the parents shocked Terry Brooks, executive director of Kentucky Youth Advocates and a former educator and high school principal.
"That's amazing," he said. "I would hope that the school system would reconsider its position and focus on the best interests of the child."
State law gives local school districts broad discretion on whether to offer home services, said Lisa Gross, a spokeswoman for the state Education Department.
"It's all about what's appropriate for the particular child's need," she said. "It really is a local issue."
In Jefferson County, about 4,200 of the public school system's 98,000 students -- about one out of 23 -- received home educational services this year, according to school officials.
In Oldham, 35 of the system's 12,000 students -- about one out of 340 -- were approved for home services this year, DeSensi said.
To receive home services, state law requires a signed physician's statement that the child's condition "prevents or renders inadvisable attendance at school."
Montgomery said she has provided two such letters from Matthew's pediatricians, the last one asking for more time for an independent psychological examination of the child.
A March 28 letter from Dr. Jeff Wampler, with All Children Pediatrics, cited Matthew's autism and other health issues, including allergies and gastrointestinal problems, as a reason for requesting temporary homebound services. On an application the school requested, Wampler also cited "investigation for abuse at school."
In a follow-up letter to Oldham school officials on May 1, Dr. Jeffrey Burton said he believes Matthew may be suffering from fear and stress over his experiences at school and requested time for a psychologist's evaluation.
"I would encourage you to allow Matthew's parents more time and latitude before you start any type of legal proceeding," Burton wrote.
But Coorssen said the school system does not believe the physicians' letters adequately detailed Matthew's medical problems.
"Those are just blanket statements you can get from anybody," she said.
School defends itself
DeSensi said Oldham school Superintendent Paul S. Upchurch would not comment on the case because he does not talk to reporters. But she said he believes the district has handled
Matthew's case appropriately.
"The superintendent believes that all Oldham County schools are safe," DeSensi said. "We have excellent services for all of our special-needs children."
Montgomery disagrees.
"Everyone's got such a wonderful perception of Oldham County schools," she said. "If you have a special-needs kid, they are not doing their job, as far as I'm concerned."
Montgomery said she met with school officials repeatedly to try to resolve the situation before deciding to remove Matthew. She said she, her lawyer and a therapist met again with school officials for about 10 hours over two days last week in an unsuccessful attempt to agree on an educational plan.
Montgomery said school officials offered to transfer Matthew to another school -- but only if the same special-needs teacher accompanied him. Montgomery said she wouldn't agree to that.
She said school officials also insisted they needed to continue use of a time-out room for misbehavior, which Montgomery and Meghan Launius, a therapist who works with Matthew at home, said is nothing more than an empty, poorly lit closet.
School officials cited Matthew's aggressive behavior -- hitting, scratching or trying to bite staff -- as the reason they need to continue use of the time-out room, said Montgomery and Launius, who also attended the meeting.
"They seem to believe that because his behaviors are getting worse, it's okay to be more punitive," Launius said. "I think he's acting that way because they are acting more punitive."
School records the family obtained showed that Matthew had been placed in the time-out room nearly 80 times last fall.
School officials removed a lock on the room after Montgomery observed a teacher releasing Matthew from there during an unexpected visit to his classroom in November.
Before that, Montgomery said she hadn't realized Matthew was being locked in the small room and thought time-out meant he was being isolated in his classroom.
Coorssen said in April that school officials didn't know who put the lock on the time-out room door, but had ordered it removed and were investigating how it got there. She said Wednesday the investigation is continuing.
Montgomery said her next step is to pursue a formal complaint with the state Education Department, alleging Matthew is being denied appropriate educational services.
Meanwhile, she said she is prepared to defend herself against possible truancy charges.
"I really think they thought I was going to be scared of them, but I'm not," she said. "I know they've made some huge mistakes."
Reporter Deborah Yetter can be reached at (502) 582-4228.
Friday, May 9, 2008
Down But Not Out
Family continues fighting for special-ed students’ rights despite investigations vindicating local schools
By By Erin Frustaci
efrustaci@fortcollinsnow.com
Daniel and Susan Swearingen were hopeful that months of frustration and ongoing discord with Poudre School District would finally end now that two investigation into their complaints that teachers improperly used seclusion and restraint techniques on their son have been completed.
But those investigations didn’t support their allegations.
They view it as just another hurdle to overcome; by now, the Swearingens have become accustomed to disappointment.
The couple submitted two complaints of discrimination on behalf of their 12-year-old son Ryan last spring: One to the federal Department of Education’s Office of Civil Rights (OCR) and another to Colorado’s Department of Regulatory Agencies’ Division of Civil Rights (DORA).
Among the allegations, the Swearingens said teachers at Johnson Elementary School improperly restrained and secluded Ryan, who displays symptoms of autism and was diagnosed this month with Pervasive Developmental Disorder.
OCR completed its investigation in November and concluded that there was not sufficient evidence to support the Swearingens’ claims of discrimination.
The family hoped DORA would report in their favor, but that agency also found no violations in the case. They were informed of the investigation’s result last week. Undaunted, they say they plan to file an appeal to the Colorado Civil Rights Commission. (See the related article, “PSD Vindicated by Oversight Agencies,” by typing the title into the search bar.)
Susan said the family is considering all of their options, which could include legal action.
“We do plan on finding ways to hold the district accountable and if that is through civil action, then that is our plan,” Daniel added.
Laura Richardson, PSD’s director for integrated services, said that DORA’s findings show that there was no wrongdoing on the district’s part.
These results mark the third time the family has failed to get oversight agencies to see things their way. They contacted The Legal Center for People With Disabilities and Older People after writing letters of complaint to state and federal politicians. The Legal Center told them there wasn’t enough evidence to launch an investigation into their claims. But as reported in Fort Collins Now on April 25, the Swearingens’ complaints led the watchdog group to investigate the claims of other families with similar complaints. It found that two PSD elementary schools violated strict rules governing how and when teachers can physically restrain and seclude children.
Among other findings, The Legal Center found that Werner and Linton elementary schools failed to properly document when children were restrained and secluded, and failed to inform their parents when such techniques were used.
Those same complaints are at the heart of the Swearingens’ allegations as well.
***
The family of four moved to Fort Collins from Red Feather Lakes in August of 2003 and Ryan enrolled in Johnson Elementary school. His parents say the first year went pretty well overall, but as time went on things seemed to slide. Because Ryan has special needs, his parents worked with educators to develop what’s called an Individualized Education Program, or IEP. Meetings to discuss Ryan’s educational needs with special education teachers, the principal and other staff members became part of their normal routine. They kept abreast of his progress through the use of a communication notebook which was sent back and forth between the teacher or paraprofessional and the parents.
Susan says the comments in the notebook were often quite positive. However, Ryan was not without his bad days and the number of those bad days began to increase, a circumstance his parents said may have been exacerbated by turnover among the school’s specialized staff.
Soon, Ryan began trying to leave school—a new and worrisome behavior that eventually escalated to more serious incidents, including physical confrontations with teachers.
Susan said the documentation of incidents or outbursts did not always explain why they occurred or how the school handled them. She also said she was not always informed of the incidents. In fact, the Swearingens say they did not have a clear picture of what was really happening between Ryan and his teachers until they requested copies of their son’s file from the school last April. Though it was a long process, they began collecting bits and pieces of documentation on their son through the school and the district.
They were alarmed by what they learned.
“We realized something serious was going on,” Susan said. “You are realizing how much your child was going through. If we had known, at least we could have explained why these things were happening and there could have been a different outcome for him. It was quite disturbing.”
One incident that stood out to the Swearingens occurred on Dec. 8, 2004. According to the Swearingens, Ryan left school and Teresa Matzdorff, the moderate-needs teacher, followed him to where they lived just more than a block from the school and then restrained him in order to get him back to school. Documenting the incident, school staff wrote, “They were coming back—Ryan in a hold and resisting.” That documentation also says the parents were informed of what happened.
But the Swearingens say not only were they never told of this incident, but Ryan’s IEP plan did not include restraint as an option to dealing with his behaviors. They also say they were not informed that that school resource officer was notified and that Ryan was placed on in in-school suspension for a day for leaving school grounds.
Such discrepancies between the school’s accounts of incidences and the Swearingens’ have become a common theme, making it difficult to sort out the truth of many events involving Ryan. Adding to the complication are two very different pictures painted of the same child. Often, the school’s reports—copies of which were obtained by FC Now from the Swearingens, who got them from the school and the district—depict an aggressive, confrontational and belligerent child who kicked his teachers and threatened to bring a knife to school.
His parents, on the other hand, say he is the victim in the situation.
“It’s not just us that sees a different child” from the one depicted in the school’s accounts, Daniel said. He admits that Ryan gets frustrated and yells at times, but nothing more than any other child.
“Any provider or outside person who works with him sees the same child we see,” he said. “What district employees put on paper is that he is an out of control, disruptive behavioral and social problem. We definitely have dueling stories.”
Despite continuing to work with the school to fine-tune Ryan’s educational plan, the breaking point came in March 2007 when Ryan tried to leave the school again. His teacher and a paraprofessional grabbed him by the wrists, apparently afraid he was going to run into oncoming traffic. The school alleges that one of his arms broke free and he punched his teacher in the ribs. They brought Ryan back in and placed him in the time-out room. Ryan was ticketed for assaulting his teacher. After a few trips to court and a competency evaluation, the case was dismissed last June.
Based on past conflicting reports, Ryan’s parents aren’t convinced things happened the way the school described. They are also concerned that at the time of this restraint, not everyone who was involved was properly certified in how to apply the techniques safely.
“It was absolutely horrible,” Susan said of the incident. “He was terrified. ... The experience was unbelievable, to put thing nicely.”
Since then, Ryan has not attended Johnson. He’s now on the homebound program, where a teacher employed by the district comes to the home to work with him individually.
Although the Swearingens put the blame for Ryan’s situation squarely on the school district, the investigating agencies concluded that the school did nothing wrong and in fact took “extra steps” to try and accommodate Ryan.
Richardson, the district’s director for integrated services, agreed that there may be different perceptions at work. Richardson is relatively new to the position and wasn’t working for the district when many of the disputed incidents took place. She joined PSD in January; coming out of retirement after 18 years with the Windsor School District to replace Chris Schott, who retired after serving for three years.
“Coming in new to the district, I was impressed with the professionalism,” she said of the special-ed program. “The focus is always on what’s best for the students. That really impresses me.”
Gail Follett, Ryan’s homebound teacher, said although there were significant problems when Ryan attended Johnson, he hasn’t been a problem in the homebound setting.
“He’s very attentive,” she said. “He wants to learn a lot. He is extremely cooperative and willing. He is a joy to work with and never caused a moment of trouble or stress at all. He’s a teacher’s dream student, at least with me in homebound.”
She also said he is the type of child that really benefits from the one on one setting and given his developmental problems, could have difficulties functioning in a classroom with quite a few kids.
Though his parents are seeing improvement, they are still set on bringing about some kind of change within the school and the district.
“Parents need to be aware that they are not alone,” Susan said. “This is not an isolated incident. It’s widespread.”
That’s exactly what Jennifer Taylor, a mother of four discovered after hearing about the Swearingens’ story. Her 10-year-old daughter, Gracie, was diagnosed with epilepsy. The family moved from Utah when Gracie was in second grade. She attended Zach Core Knowledge school. Taylor said the staff restrained Gracie when she was having complex partial seizures even though she repeatedly told them her doctor said this is the worst thing to do.
Last year, the situation had gotten so bad that Taylor considered moving out of Fort Collins. She said she was watching her daughter deteriorate in front of her eyes. She said she just wanted the district to do the right thing.
“She’s a good kid and doesn’t deserve what’s happened to her,” Taylor said. “I’m not saying she’s 100 percent easy. That’s never been my claim, but I’ve also tried to give them ways to deal with things. All we want is for her to have an opportunity to be educated like every other kid—nothing special.”
Like Ryan, Gracie is on a homebound education program, and her placement will be reevaluated for the next school year. After hearing the stories of other families, Taylor also recently filed a complaint with The Legal Center.
“It’s a system that desperately needs some kind of check and balance in place,” Daniel Swearingen said. “One of the greatest motivators for us is seeing justice is righted for our son and other kids.”
The district defends its staff as highly qualified and constantly working collaboratively with parents in the best interest of the students.
“We all have different perceptions that can get in the way,” Richardson said. “We will continue to work with them in the best interest of their child and hope we can collaborate to have a great education for their child.”
Richardson said one thing that is being considered that could strengthen communication with parents is developing some trainings for parents. She said overall, there are good open lines of communication within the special education program.
Still, the Swearingens maintain that more needs to be done.
“Either we are a couple of crackpots, or we are telling the truth,” Daniel said.
Correction: In the first article in this series published April 25, “When Time-Out Goes Too Far,” FCN incorrectly reported that the investigation by the Office of Civil Rights was ongoing. In fact, it had been completed.
http://www.fortcollinsnow.com
By By Erin Frustaci
efrustaci@fortcollinsnow.com
Daniel and Susan Swearingen were hopeful that months of frustration and ongoing discord with Poudre School District would finally end now that two investigation into their complaints that teachers improperly used seclusion and restraint techniques on their son have been completed.
But those investigations didn’t support their allegations.
They view it as just another hurdle to overcome; by now, the Swearingens have become accustomed to disappointment.
The couple submitted two complaints of discrimination on behalf of their 12-year-old son Ryan last spring: One to the federal Department of Education’s Office of Civil Rights (OCR) and another to Colorado’s Department of Regulatory Agencies’ Division of Civil Rights (DORA).
Among the allegations, the Swearingens said teachers at Johnson Elementary School improperly restrained and secluded Ryan, who displays symptoms of autism and was diagnosed this month with Pervasive Developmental Disorder.
OCR completed its investigation in November and concluded that there was not sufficient evidence to support the Swearingens’ claims of discrimination.
The family hoped DORA would report in their favor, but that agency also found no violations in the case. They were informed of the investigation’s result last week. Undaunted, they say they plan to file an appeal to the Colorado Civil Rights Commission. (See the related article, “PSD Vindicated by Oversight Agencies,” by typing the title into the search bar.)
Susan said the family is considering all of their options, which could include legal action.
“We do plan on finding ways to hold the district accountable and if that is through civil action, then that is our plan,” Daniel added.
Laura Richardson, PSD’s director for integrated services, said that DORA’s findings show that there was no wrongdoing on the district’s part.
These results mark the third time the family has failed to get oversight agencies to see things their way. They contacted The Legal Center for People With Disabilities and Older People after writing letters of complaint to state and federal politicians. The Legal Center told them there wasn’t enough evidence to launch an investigation into their claims. But as reported in Fort Collins Now on April 25, the Swearingens’ complaints led the watchdog group to investigate the claims of other families with similar complaints. It found that two PSD elementary schools violated strict rules governing how and when teachers can physically restrain and seclude children.
Among other findings, The Legal Center found that Werner and Linton elementary schools failed to properly document when children were restrained and secluded, and failed to inform their parents when such techniques were used.
Those same complaints are at the heart of the Swearingens’ allegations as well.
***
The family of four moved to Fort Collins from Red Feather Lakes in August of 2003 and Ryan enrolled in Johnson Elementary school. His parents say the first year went pretty well overall, but as time went on things seemed to slide. Because Ryan has special needs, his parents worked with educators to develop what’s called an Individualized Education Program, or IEP. Meetings to discuss Ryan’s educational needs with special education teachers, the principal and other staff members became part of their normal routine. They kept abreast of his progress through the use of a communication notebook which was sent back and forth between the teacher or paraprofessional and the parents.
Susan says the comments in the notebook were often quite positive. However, Ryan was not without his bad days and the number of those bad days began to increase, a circumstance his parents said may have been exacerbated by turnover among the school’s specialized staff.
Soon, Ryan began trying to leave school—a new and worrisome behavior that eventually escalated to more serious incidents, including physical confrontations with teachers.
Susan said the documentation of incidents or outbursts did not always explain why they occurred or how the school handled them. She also said she was not always informed of the incidents. In fact, the Swearingens say they did not have a clear picture of what was really happening between Ryan and his teachers until they requested copies of their son’s file from the school last April. Though it was a long process, they began collecting bits and pieces of documentation on their son through the school and the district.
They were alarmed by what they learned.
“We realized something serious was going on,” Susan said. “You are realizing how much your child was going through. If we had known, at least we could have explained why these things were happening and there could have been a different outcome for him. It was quite disturbing.”
One incident that stood out to the Swearingens occurred on Dec. 8, 2004. According to the Swearingens, Ryan left school and Teresa Matzdorff, the moderate-needs teacher, followed him to where they lived just more than a block from the school and then restrained him in order to get him back to school. Documenting the incident, school staff wrote, “They were coming back—Ryan in a hold and resisting.” That documentation also says the parents were informed of what happened.
But the Swearingens say not only were they never told of this incident, but Ryan’s IEP plan did not include restraint as an option to dealing with his behaviors. They also say they were not informed that that school resource officer was notified and that Ryan was placed on in in-school suspension for a day for leaving school grounds.
Such discrepancies between the school’s accounts of incidences and the Swearingens’ have become a common theme, making it difficult to sort out the truth of many events involving Ryan. Adding to the complication are two very different pictures painted of the same child. Often, the school’s reports—copies of which were obtained by FC Now from the Swearingens, who got them from the school and the district—depict an aggressive, confrontational and belligerent child who kicked his teachers and threatened to bring a knife to school.
His parents, on the other hand, say he is the victim in the situation.
“It’s not just us that sees a different child” from the one depicted in the school’s accounts, Daniel said. He admits that Ryan gets frustrated and yells at times, but nothing more than any other child.
“Any provider or outside person who works with him sees the same child we see,” he said. “What district employees put on paper is that he is an out of control, disruptive behavioral and social problem. We definitely have dueling stories.”
Despite continuing to work with the school to fine-tune Ryan’s educational plan, the breaking point came in March 2007 when Ryan tried to leave the school again. His teacher and a paraprofessional grabbed him by the wrists, apparently afraid he was going to run into oncoming traffic. The school alleges that one of his arms broke free and he punched his teacher in the ribs. They brought Ryan back in and placed him in the time-out room. Ryan was ticketed for assaulting his teacher. After a few trips to court and a competency evaluation, the case was dismissed last June.
Based on past conflicting reports, Ryan’s parents aren’t convinced things happened the way the school described. They are also concerned that at the time of this restraint, not everyone who was involved was properly certified in how to apply the techniques safely.
“It was absolutely horrible,” Susan said of the incident. “He was terrified. ... The experience was unbelievable, to put thing nicely.”
Since then, Ryan has not attended Johnson. He’s now on the homebound program, where a teacher employed by the district comes to the home to work with him individually.
Although the Swearingens put the blame for Ryan’s situation squarely on the school district, the investigating agencies concluded that the school did nothing wrong and in fact took “extra steps” to try and accommodate Ryan.
Richardson, the district’s director for integrated services, agreed that there may be different perceptions at work. Richardson is relatively new to the position and wasn’t working for the district when many of the disputed incidents took place. She joined PSD in January; coming out of retirement after 18 years with the Windsor School District to replace Chris Schott, who retired after serving for three years.
“Coming in new to the district, I was impressed with the professionalism,” she said of the special-ed program. “The focus is always on what’s best for the students. That really impresses me.”
Gail Follett, Ryan’s homebound teacher, said although there were significant problems when Ryan attended Johnson, he hasn’t been a problem in the homebound setting.
“He’s very attentive,” she said. “He wants to learn a lot. He is extremely cooperative and willing. He is a joy to work with and never caused a moment of trouble or stress at all. He’s a teacher’s dream student, at least with me in homebound.”
She also said he is the type of child that really benefits from the one on one setting and given his developmental problems, could have difficulties functioning in a classroom with quite a few kids.
Though his parents are seeing improvement, they are still set on bringing about some kind of change within the school and the district.
“Parents need to be aware that they are not alone,” Susan said. “This is not an isolated incident. It’s widespread.”
That’s exactly what Jennifer Taylor, a mother of four discovered after hearing about the Swearingens’ story. Her 10-year-old daughter, Gracie, was diagnosed with epilepsy. The family moved from Utah when Gracie was in second grade. She attended Zach Core Knowledge school. Taylor said the staff restrained Gracie when she was having complex partial seizures even though she repeatedly told them her doctor said this is the worst thing to do.
Last year, the situation had gotten so bad that Taylor considered moving out of Fort Collins. She said she was watching her daughter deteriorate in front of her eyes. She said she just wanted the district to do the right thing.
“She’s a good kid and doesn’t deserve what’s happened to her,” Taylor said. “I’m not saying she’s 100 percent easy. That’s never been my claim, but I’ve also tried to give them ways to deal with things. All we want is for her to have an opportunity to be educated like every other kid—nothing special.”
Like Ryan, Gracie is on a homebound education program, and her placement will be reevaluated for the next school year. After hearing the stories of other families, Taylor also recently filed a complaint with The Legal Center.
“It’s a system that desperately needs some kind of check and balance in place,” Daniel Swearingen said. “One of the greatest motivators for us is seeing justice is righted for our son and other kids.”
The district defends its staff as highly qualified and constantly working collaboratively with parents in the best interest of the students.
“We all have different perceptions that can get in the way,” Richardson said. “We will continue to work with them in the best interest of their child and hope we can collaborate to have a great education for their child.”
Richardson said one thing that is being considered that could strengthen communication with parents is developing some trainings for parents. She said overall, there are good open lines of communication within the special education program.
Still, the Swearingens maintain that more needs to be done.
“Either we are a couple of crackpots, or we are telling the truth,” Daniel said.
Correction: In the first article in this series published April 25, “When Time-Out Goes Too Far,” FCN incorrectly reported that the investigation by the Office of Civil Rights was ongoing. In fact, it had been completed.
http://www.fortcollinsnow.com
Friday, May 2, 2008
Senate passed a bill to address the growing problem of Restraint and Seclusion in Tennessee Public Schools
State legislators take a something-is-better-than-nothing approach to protecting special education students from seclusion and restraint
by Elizabeth Ulrich
May 1, 2008
Disability advocates who have spent more than a year trying to convince Tennessee legislators about the troubling fact that special education students are being physically restrained, strapped to chairs and locked in janitor closets hit a small landmark last week as the state Senate passed a bill to address a growing problem in classrooms across the state.
Designed to limit the unchecked use of physical restraint and isolation, the bill offers only a few modest regulations. But disability advocates see the mere acknowledgment of the problem as “gargantuan,” considering their struggle to get lawmakers even to accept that teachers are using such methods on the most vulnerable of students.
Nearly 40 families across the state recently weighed in with horrific tales of the use of restraint and isolation in public schools in a survey commissioned by the state Disability Coalition on Education (DCE). Perhaps the most heart-wrenching tale was that of an 11-year-old autistic boy whose Williamson County teacher locked him in a dark janitor’s closet for up to three hours at a time on several occasions. The teacher even held him down in restraints for behavior she described as not “as much autistic as...ornery” (“Physical Education,” Jan. 24).
Teachers never told the boy’s family about the incidents. Once the otherwise happy boy began to dread school, and as his behavior escalated into unusual fits of screaming and acting out, the family knew something was up. Unlike many of his counterparts, the boy was eventually able to articulate what had transpired. Holly Lu Conant Rees, the director of DCE, says such stories, coupled with the well-publicized death of Omega Leach, made the danger of the ungoverned use of restraint impossible to ignore. A Philadelphia boy undergoing treatment at Chad Youth Enhancement Center, a Clarksville facility for troubled kids, Leach mysteriously died on the floor of his dorm room, away from the watchful eye of the facility’s surveillance cams. The state medical examiner ruled his death a homicide by strangulation after Chad counselors restrained and roughed him up.
Interestingly, the new Senate bill passed April 24 does little to protect kids such as Leach, perhaps because lawmakers see the children in these facilities as criminals. The bill, however, does establish guidelines for the use of restraint and isolation with special education students so long as they don’t have a rap sheet. Specifically, it prohibits schools from using chemical restraint via shots of sedatives to control violent behavior, noxious substances such as pepper spray, locked seclusion and prone restraint, a controversial hold method that can lead to asphyxia—none of which has been expressly outlawed by the state for disabled youth in private treatment facilities. It also requires schools, for the first time ever, to keep records of these incidents. But at this point, the bill gets a little hazy.
Though Sen. Diane Black, who sponsored the bill, says she and other members of the Senate Select Committee on Children and Youth were moved by testimony from special education parents, the original fiscal note for the bill, which Conant Rees put at a staggering $50 million, was too large to be viable. So training teachers on the proper use of restraint went out the window—along with many other provisions advocates had hoped for—in the quest to get the fiscal note down to $50,000, where it now remains.
But Black says the bill is a good starting point. “This at least brings consistency and does bring something that everybody is going to be using across the state, and that’s really important,” she says.
But is it enough to protect students? Conant Rees says the legislation does not completely ban the use of mechanical restraint. This is troublesome to the activist, who has seen students strapped to chairs with lap and shoulder belts or placed in stationary chairs as a means of classroom crowd control. Some of these contraptions look like a hybrid between a high-end toddler car seat and an electric chair, and at least one Tennessee family has told Conant Rees that their elementary-age child has spent hours on end in one of these chairs because teachers deemed the student “a runner.”
by Elizabeth Ulrich
May 1, 2008
Disability advocates who have spent more than a year trying to convince Tennessee legislators about the troubling fact that special education students are being physically restrained, strapped to chairs and locked in janitor closets hit a small landmark last week as the state Senate passed a bill to address a growing problem in classrooms across the state.
Designed to limit the unchecked use of physical restraint and isolation, the bill offers only a few modest regulations. But disability advocates see the mere acknowledgment of the problem as “gargantuan,” considering their struggle to get lawmakers even to accept that teachers are using such methods on the most vulnerable of students.
Nearly 40 families across the state recently weighed in with horrific tales of the use of restraint and isolation in public schools in a survey commissioned by the state Disability Coalition on Education (DCE). Perhaps the most heart-wrenching tale was that of an 11-year-old autistic boy whose Williamson County teacher locked him in a dark janitor’s closet for up to three hours at a time on several occasions. The teacher even held him down in restraints for behavior she described as not “as much autistic as...ornery” (“Physical Education,” Jan. 24).
Teachers never told the boy’s family about the incidents. Once the otherwise happy boy began to dread school, and as his behavior escalated into unusual fits of screaming and acting out, the family knew something was up. Unlike many of his counterparts, the boy was eventually able to articulate what had transpired. Holly Lu Conant Rees, the director of DCE, says such stories, coupled with the well-publicized death of Omega Leach, made the danger of the ungoverned use of restraint impossible to ignore. A Philadelphia boy undergoing treatment at Chad Youth Enhancement Center, a Clarksville facility for troubled kids, Leach mysteriously died on the floor of his dorm room, away from the watchful eye of the facility’s surveillance cams. The state medical examiner ruled his death a homicide by strangulation after Chad counselors restrained and roughed him up.
Interestingly, the new Senate bill passed April 24 does little to protect kids such as Leach, perhaps because lawmakers see the children in these facilities as criminals. The bill, however, does establish guidelines for the use of restraint and isolation with special education students so long as they don’t have a rap sheet. Specifically, it prohibits schools from using chemical restraint via shots of sedatives to control violent behavior, noxious substances such as pepper spray, locked seclusion and prone restraint, a controversial hold method that can lead to asphyxia—none of which has been expressly outlawed by the state for disabled youth in private treatment facilities. It also requires schools, for the first time ever, to keep records of these incidents. But at this point, the bill gets a little hazy.
Though Sen. Diane Black, who sponsored the bill, says she and other members of the Senate Select Committee on Children and Youth were moved by testimony from special education parents, the original fiscal note for the bill, which Conant Rees put at a staggering $50 million, was too large to be viable. So training teachers on the proper use of restraint went out the window—along with many other provisions advocates had hoped for—in the quest to get the fiscal note down to $50,000, where it now remains.
But Black says the bill is a good starting point. “This at least brings consistency and does bring something that everybody is going to be using across the state, and that’s really important,” she says.
But is it enough to protect students? Conant Rees says the legislation does not completely ban the use of mechanical restraint. This is troublesome to the activist, who has seen students strapped to chairs with lap and shoulder belts or placed in stationary chairs as a means of classroom crowd control. Some of these contraptions look like a hybrid between a high-end toddler car seat and an electric chair, and at least one Tennessee family has told Conant Rees that their elementary-age child has spent hours on end in one of these chairs because teachers deemed the student “a runner.”
Wednesday, April 30, 2008
School District Under Investigation For Restraint And Seclusion Use
By Dave Reynolds, Inclusion Daily Express
April 29, 2008
FORT COLLINS, COLORADO--A Fort Collins school district is being investigated by Colorado's protection and advocacy system, the U.S. Department of Education's Office for Civil Rights, and the Department of Regulatory Affairs over the use of restraints and seclusion on elementary students with intellectual disabilities.
The Legal Center for People with Disabilities and Older People released a report earlier this month from its first investigation, in which it found that Werner and Linton elementary schools, both in the Poudre School District, did not properly use, or properly document, instances when students were restrained or placed in "time-out."
In fact, according to Fort Collins Now, the agency found it difficult to make many conclusions about when, how, and why children were restrained or secluded because of the lack of documentation. "It becomes 'he said she said,' or a guessing game," said Thom Miller, Special Education Program Coordinator for The Legal Center.
Interviews with parents led investigators to believe that some students were being restrained more often then needed, were placed in "time-out" for long periods of times, and may have been locked into seclusion rooms and not monitored properly when they were inside.
The report did conclude that teachers used these techniques to punish or discipline students. While the state's education department only allows restraint or seclusion to keep students from hurting themselves or others, the district's policy allowed teachers to use them to maintain discipline.
District officials publicly disagreed with the Legal Center's findings, but said they would work on implementing some of its recommendations.
April 29, 2008
FORT COLLINS, COLORADO--A Fort Collins school district is being investigated by Colorado's protection and advocacy system, the U.S. Department of Education's Office for Civil Rights, and the Department of Regulatory Affairs over the use of restraints and seclusion on elementary students with intellectual disabilities.
The Legal Center for People with Disabilities and Older People released a report earlier this month from its first investigation, in which it found that Werner and Linton elementary schools, both in the Poudre School District, did not properly use, or properly document, instances when students were restrained or placed in "time-out."
In fact, according to Fort Collins Now, the agency found it difficult to make many conclusions about when, how, and why children were restrained or secluded because of the lack of documentation. "It becomes 'he said she said,' or a guessing game," said Thom Miller, Special Education Program Coordinator for The Legal Center.
Interviews with parents led investigators to believe that some students were being restrained more often then needed, were placed in "time-out" for long periods of times, and may have been locked into seclusion rooms and not monitored properly when they were inside.
The report did conclude that teachers used these techniques to punish or discipline students. While the state's education department only allows restraint or seclusion to keep students from hurting themselves or others, the district's policy allowed teachers to use them to maintain discipline.
District officials publicly disagreed with the Legal Center's findings, but said they would work on implementing some of its recommendations.
Tuesday, April 22, 2008
Queens boy still out of school
BY CARRIE MELAGO Monday, April 21st 2008, 4:00 AM
Dennis Rivera, 5, is still waiting to get back in the classroom.
He was handcuffed, hauled out of his kindergarten - and then left sitting home for months without any way to get an education.
Three months after a school safety agent ignited an uproar by shackling a 5-year-old Queens boy for throwing a tantrum in kindergarten, Dennis Rivera is still waiting for a seat at a new school.
"His education has basically been put on the back burner because what he needs, he's not receiving," said Dennis' mom, Jasmine Vasquez. "My son is falling behind."
After Dennis, now 6, was handcuffed and sent to a psych ward for misbehaving at Public School 81 in Ridgewood, his mother withdrew him from the school and had him evaluated for special education services. Then she waited. The family is still waiting for the city Education Department to get Dennis help.
When called by the Daily News, the Education Department said it had found an appropriate school for Dennis, but insisted it would take a few more days before it mailed the information to his parents. The officials said they must first notify Dennis' new school.
A spokeswoman said that under state law, the Education Department has 60 school days to find an appropriate special education placement after a case is opened. For Dennis, that period would end May 7.
That's not soon enough for Vasquez, who is concerned her son is missing out on much-needed physical, occupational and speech therapy.
Just days after the Jan. 17 handcuffing - which occurred after Dennis knocked items off a principal's desk - officials began creating an "individualized education program" for him to address his special needs.
His mom was excited after a Feb. 6 meeting with educators, who said they'd place her son in a smaller setting that could help him deal with his problems.
"Nothing has happened. It's been going on three months, and I haven't gotten anything in the mail. I haven't even gotten courtesy calls," she said.
A schools spokeswoman said the state provides the 60-day window because making a good match can be complicated.
"If a student needs a variety of services, we have to make sure the school can provide them," said Maibe Gonzalez-Fuentes. "A number of arrangements have to be made. It takes time."
Dennis has been attending a Head Start program at the Grand Street Settlement program in Brooklyn while waiting for a classroom seat.
"Unfortunately, we see far too many children who suffer from delays in placement. It's particularly sad in a case like this where the child has been through so much trauma," said Kim Sweet, executive director of Advocates for Children.
Dennis Rivera, 5, is still waiting to get back in the classroom.
He was handcuffed, hauled out of his kindergarten - and then left sitting home for months without any way to get an education.
Three months after a school safety agent ignited an uproar by shackling a 5-year-old Queens boy for throwing a tantrum in kindergarten, Dennis Rivera is still waiting for a seat at a new school.
"His education has basically been put on the back burner because what he needs, he's not receiving," said Dennis' mom, Jasmine Vasquez. "My son is falling behind."
After Dennis, now 6, was handcuffed and sent to a psych ward for misbehaving at Public School 81 in Ridgewood, his mother withdrew him from the school and had him evaluated for special education services. Then she waited. The family is still waiting for the city Education Department to get Dennis help.
When called by the Daily News, the Education Department said it had found an appropriate school for Dennis, but insisted it would take a few more days before it mailed the information to his parents. The officials said they must first notify Dennis' new school.
A spokeswoman said that under state law, the Education Department has 60 school days to find an appropriate special education placement after a case is opened. For Dennis, that period would end May 7.
That's not soon enough for Vasquez, who is concerned her son is missing out on much-needed physical, occupational and speech therapy.
Just days after the Jan. 17 handcuffing - which occurred after Dennis knocked items off a principal's desk - officials began creating an "individualized education program" for him to address his special needs.
His mom was excited after a Feb. 6 meeting with educators, who said they'd place her son in a smaller setting that could help him deal with his problems.
"Nothing has happened. It's been going on three months, and I haven't gotten anything in the mail. I haven't even gotten courtesy calls," she said.
A schools spokeswoman said the state provides the 60-day window because making a good match can be complicated.
"If a student needs a variety of services, we have to make sure the school can provide them," said Maibe Gonzalez-Fuentes. "A number of arrangements have to be made. It takes time."
Dennis has been attending a Head Start program at the Grand Street Settlement program in Brooklyn while waiting for a classroom seat.
"Unfortunately, we see far too many children who suffer from delays in placement. It's particularly sad in a case like this where the child has been through so much trauma," said Kim Sweet, executive director of Advocates for Children.
Saturday, March 15, 2008
Autistic students at center of schools battle
Emily Gersema - Mar. 14, 2008 Phoenix, AZ
A 5-year-old autistic boy has been physically restrained four times this school year at Settler's Point Elementary in Gilbert, despite his mother's repeated requests for the staff to stop it.
The mother, Amy Eddy, told the Gilbert Republic she has asked the district to stop sharing sensitive, extended family medical history that is in her son's student file in spite of federal health privacy laws. In an e-mail response, officials refused.
Another Gilbert parent, Juliet Chapman, complains that Finley Farms Elementary in Gilbert continually assigns her autistic son to occupational therapy to teach him skills such as tying his shoes even though he already has tested out of it. She adds that the school also continues to ignore her suggestions to set higher goals for her son in his Individual Education Plan.
Eddy and Chapman are among about a dozen parents of autistic children in various Gilbert Public Schools who are demanding that the district provide better training to staff to help address their concerns and ensure their kids can succeed.
Some parents are afraid to speak publicly because they fear that the school staff or administrators will retaliate against their children, placing them in self-contained classrooms where they'll be isolated from typical children and denied the opportunity to develop the social skills they lack as part of their disorder.
Parents of autistic children have been raising these concerns with the Gilbert district for more than a year, according to district e-mails and documents and interviews with the Republic. Some are so frustrated they've formed a local support group, Supporting Autism Now through Education, which also has been lobbying at the Statehouse for better coverage of health problems related to autism.
District officials complain that the parents are involved in an organized effort against GPSchool.
But the parents say they wouldn't have come together if they weren't experiencing similar problems that persist despite their efforts to work with staff and administrators to address their children's individual struggles in the classroom. They've even offered to pool their money to pay for teacher training.
Melissa Van Hook and Holly Reycraft are two parents who have filed formal complaints for which state education officials found there were no violations.
Reycraft is a former special-education teacher for GPS. Among her allegations is that the school district failed to ensure she and her ex-husband were both present at the planning meeting for her son Hunter, then 10.
Van Hook had a similar complaint, saying that she and her husband were not given the opportunity to provide input on their son's plan. Their son is a fifth-grader at Ashland Ranch Elementary.
She later filed a notice of claim through an attorney, essentially a placeholder that leaves her the option of filing a civil rights complaint against the district.
Both women say they took the step of making a formal complaint because they got nowhere with district officials. After several meetings with staff, and then administrators, Van Hook says she and other parents who've tried to work with the district have felt treated like they're troublemakers.
And now, membership in their organization, SANE, is increasing as more parents come to them for help with their problems.
"I don't understand why it has to be so adversarial," said Van Hook, who has two boys with autism disorders. "Why can't they listen to these parents and get a clue that maybe they have some merit?"
The district launched an investigation into parents' complaints about special education, hiring Mesa attorney Richard Lyons to interview Van Hook, Reycraft and others about their concerns.
He was paid through a special insurance program retained by the school. His report refers to their complaints as "the conspiracy." Van Hook says the investigation seemed biased to start with. Lyons has represented school districts in civil rights complaints. Despite Lyons' ties to school districts, Dave Allison, GPS associate superintendent, says he believes the report was fair.
Reycraft says she feels the district needs some sort of representation of families with special-needs children, and has applied for the board seat left open by Traci Klein, who resigned last month without explanation.
A 5-year-old autistic boy has been physically restrained four times this school year at Settler's Point Elementary in Gilbert, despite his mother's repeated requests for the staff to stop it.
The mother, Amy Eddy, told the Gilbert Republic she has asked the district to stop sharing sensitive, extended family medical history that is in her son's student file in spite of federal health privacy laws. In an e-mail response, officials refused.
Another Gilbert parent, Juliet Chapman, complains that Finley Farms Elementary in Gilbert continually assigns her autistic son to occupational therapy to teach him skills such as tying his shoes even though he already has tested out of it. She adds that the school also continues to ignore her suggestions to set higher goals for her son in his Individual Education Plan.
Eddy and Chapman are among about a dozen parents of autistic children in various Gilbert Public Schools who are demanding that the district provide better training to staff to help address their concerns and ensure their kids can succeed.
Some parents are afraid to speak publicly because they fear that the school staff or administrators will retaliate against their children, placing them in self-contained classrooms where they'll be isolated from typical children and denied the opportunity to develop the social skills they lack as part of their disorder.
Parents of autistic children have been raising these concerns with the Gilbert district for more than a year, according to district e-mails and documents and interviews with the Republic. Some are so frustrated they've formed a local support group, Supporting Autism Now through Education, which also has been lobbying at the Statehouse for better coverage of health problems related to autism.
District officials complain that the parents are involved in an organized effort against GPSchool.
But the parents say they wouldn't have come together if they weren't experiencing similar problems that persist despite their efforts to work with staff and administrators to address their children's individual struggles in the classroom. They've even offered to pool their money to pay for teacher training.
Melissa Van Hook and Holly Reycraft are two parents who have filed formal complaints for which state education officials found there were no violations.
Reycraft is a former special-education teacher for GPS. Among her allegations is that the school district failed to ensure she and her ex-husband were both present at the planning meeting for her son Hunter, then 10.
Van Hook had a similar complaint, saying that she and her husband were not given the opportunity to provide input on their son's plan. Their son is a fifth-grader at Ashland Ranch Elementary.
She later filed a notice of claim through an attorney, essentially a placeholder that leaves her the option of filing a civil rights complaint against the district.
Both women say they took the step of making a formal complaint because they got nowhere with district officials. After several meetings with staff, and then administrators, Van Hook says she and other parents who've tried to work with the district have felt treated like they're troublemakers.
And now, membership in their organization, SANE, is increasing as more parents come to them for help with their problems.
"I don't understand why it has to be so adversarial," said Van Hook, who has two boys with autism disorders. "Why can't they listen to these parents and get a clue that maybe they have some merit?"
The district launched an investigation into parents' complaints about special education, hiring Mesa attorney Richard Lyons to interview Van Hook, Reycraft and others about their concerns.
He was paid through a special insurance program retained by the school. His report refers to their complaints as "the conspiracy." Van Hook says the investigation seemed biased to start with. Lyons has represented school districts in civil rights complaints. Despite Lyons' ties to school districts, Dave Allison, GPS associate superintendent, says he believes the report was fair.
Reycraft says she feels the district needs some sort of representation of families with special-needs children, and has applied for the board seat left open by Traci Klein, who resigned last month without explanation.
High Court Says No to Dismissing Panel from Suit
Saturday, March 15, 2008
By BOB LOWRY
Times Staff Writer bob.lowry@htimes.com
The Huntsville Times
Madison County Ed Board must face rape case
MONTGOMERY - The Alabama Supreme Court on Friday refused to dismiss the Madison County Board of Education as a defendant in a lawsuit filed by girl who claimed she was raped in 2002, when she was 11 years old, by her physical education teacher.
However, the high court did dismiss the board's personnel director, Jim Nash, as a defendant.
The Board of Education and Nash had claimed immunity under state agency immunity, the 11th Amendment to the Constitution and qualified immunity.
But in overturning a ruling from Madison County Circuit Judge Karen Hall, the Supreme Court said the Board of Education could not be considered an arm of the state, and was not entitled to constitutional protection.
In Nash's case, the tribunal said his actions were "at most negligent and ... he is entitled to qualified immunity."
The case revolved around a suit filed in 2005 by a Madison County family against a former coach and teacher and Madison County school officials. They alleged the teacher, William Ford Reaves, raped their daughter, a special education student at Madison County Elementary School.
The lawsuit says school officials knew about Reaves' background of inappropriate behavior toward young girls but failed to protect them. The lawsuit seeks compensatory and punitive damages to be determined by a jury.
The incident didn't come to light until May 2004 when the girl, at the urging of her girlfriends, notified a counselor at Riverton Middle School.
"It appears that over a period of 16 years before they became aware of this allegation, school and/or board officials had investigated various allegations of inappropriate conduct by Reaves on five occasions and had placed written reports in Reaves' file," the Supreme Court said.
Reaves, who was 52 at the time, was reprimanded in some form in response to each allegation, but on the advise of the board's lawyer it was decided there was insufficient evidence to fire
Reaves, who was a tenured teacher, the court said.
The court said Reaves retired before a decision was made to fire him and criminal charges against him were dropped.
Reaves, who had been employed by the county school system since 1983, was a coach at Madison County Elementary School during the 2002-03 school year.
By BOB LOWRY
Times Staff Writer bob.lowry@htimes.com
The Huntsville Times
Madison County Ed Board must face rape case
MONTGOMERY - The Alabama Supreme Court on Friday refused to dismiss the Madison County Board of Education as a defendant in a lawsuit filed by girl who claimed she was raped in 2002, when she was 11 years old, by her physical education teacher.
However, the high court did dismiss the board's personnel director, Jim Nash, as a defendant.
The Board of Education and Nash had claimed immunity under state agency immunity, the 11th Amendment to the Constitution and qualified immunity.
But in overturning a ruling from Madison County Circuit Judge Karen Hall, the Supreme Court said the Board of Education could not be considered an arm of the state, and was not entitled to constitutional protection.
In Nash's case, the tribunal said his actions were "at most negligent and ... he is entitled to qualified immunity."
The case revolved around a suit filed in 2005 by a Madison County family against a former coach and teacher and Madison County school officials. They alleged the teacher, William Ford Reaves, raped their daughter, a special education student at Madison County Elementary School.
The lawsuit says school officials knew about Reaves' background of inappropriate behavior toward young girls but failed to protect them. The lawsuit seeks compensatory and punitive damages to be determined by a jury.
The incident didn't come to light until May 2004 when the girl, at the urging of her girlfriends, notified a counselor at Riverton Middle School.
"It appears that over a period of 16 years before they became aware of this allegation, school and/or board officials had investigated various allegations of inappropriate conduct by Reaves on five occasions and had placed written reports in Reaves' file," the Supreme Court said.
Reaves, who was 52 at the time, was reprimanded in some form in response to each allegation, but on the advise of the board's lawyer it was decided there was insufficient evidence to fire
Reaves, who was a tenured teacher, the court said.
The court said Reaves retired before a decision was made to fire him and criminal charges against him were dropped.
Reaves, who had been employed by the county school system since 1983, was a coach at Madison County Elementary School during the 2002-03 school year.
Parents Outraged Over Discovery at Buffalo School #67
Updated: March 13, 2008 06:40 PM EDT
BUFFALO, N.Y. (WIVB) - Parents wanted to give the school board an earful at Wednesday night's meeting about alleged sexual abuse of a student.
News 4's Alysha Palumbo reports parents had to just sit on their hands.
Parents outraged at the allegations of sexual abuse at School 67 took their concerns to the Buffalo School Board Wednesday night, but they weren't heard because the deadline to speak was Tuesday.
Concerned parent Mike Digiacomo said, "We were told that a public discussion would be available on April 9th. In my opinion, that is far too long."
News 4 has confirmed that a teacher at School 67 discovered the alleged abuse in November when a five-year-old autistic boy was taking a long time in the bathroom.
Buffalo Teachers Federation President Phil Rumore said, "She went in and saw, I think it was the teacher aide, holding the autistic boy's private parts."
Now four months later, parents got this letter from the school's principal, not saying what happened, but that it would be dealt with swiftly and severely.
Digiacomo said, "If it was due to be handled swiftly and severely, the alleged perpetrator should have been removed from the school immediately."
_________________________________________________________
Story by Alysha Palumbo, WIVB.
BUFFALO, N.Y. (WIVB) - - Parents and community members are furious that they've just found out about sexual abuse allegations at School 67, four months after the alleged incident happened.
Rev. Kinzer Pointer, former District-Parent Coordinator, "The reality that this has taken several months to get to this point scares the hell out of me."
News 4 has confirmed that a teacher at School 67 discovered the alleged abuse in November when a five-year-old autistic boy was taking a long time in the bathroom.
Phil Rumore, BTF President, "She went in and saw, I think it was the teacher aide, holding the autistic boy's private parts."
Now four months later, parents got this letter from the school's principal, not saying what happened, but that it would be dealt with swiftly and severely.
Mike DiGiacomo, concerned parent, "If it was due to be handled swiftly and and severely, the alleged perpetrator should have been removed from the school immediately."
Dawn Darling, parent, "I thought you were here to protect our children and obviously not."
Parents took their concerns to the Buffalo School Board tonight, but they weren't heard because the deadline to speak was Tuesday.
Mike DiGiacomo, concerned parent, "We were told that a public discussion would be available on April 9th, in my opinion that is far too long."
_________________________________________________________
BUFFALO, N.Y. (WIVB) - - Some Buffalo Public School parents are outraged by what allegedly took place in a bathroom at Discovery School 67 in South Buffalo.
Ed Bednarz, parent, "Cause I have kids. A 4 year-old and a 6 year-old. If indeed that's what's happening. It just makes you sick to your stomach."
News 4 has confirmed a teacher became concerned when a 5 year-old autistic child seemed to be in a bathroom little too long.
Phil Rumore, Buffalo Teachers Federation (BTF) President, "She went in and saw, I think it was the teacher aide, holding the autistic boy's private parts."
The alledged incident involving the aid took place in a bathroom in November, and now many parents are wondering why it took so long to come to light.
Dawn Darling, parent, "I'm furious. Furious. And you knew about this how many months ago?"
Almost 4 months later, parents are just now getting letters about the allegation.
Dawn Darling, parent, "I thought you were here to protect our children and obviously not."
BTF President Phil Rumore says the teacher reported what she saw right away to the principle, the teacher writes the adult was not suspended and charged with sexual abuse. Without another witness to support my statements and the abuser's denial of my charges, my allegations were labeled unfounded.
Phil Rumore, Buffalo Teachers Federation (BTF) President, "You don't touch a young boy's private parts."
Until a few days ago, the aide was in the same classroom with the teacher and the student.
Rumore wonders why, if the allegation had been made against a teacher.
Phil Rumore, Buffalo Teachers Federation (BTF) President, "That teacher would have been immediately sent home and put on administrative leave."
The Buffalo Police Department's sex offense squad is investigating and may turn over its findings to the District Attorney's Office in the next week or so.
There are questions about whether proper procedures were followed by the school. The school board may take up the matter Wednesday evening.
BUFFALO, N.Y. (WIVB) - Parents wanted to give the school board an earful at Wednesday night's meeting about alleged sexual abuse of a student.
News 4's Alysha Palumbo reports parents had to just sit on their hands.
Parents outraged at the allegations of sexual abuse at School 67 took their concerns to the Buffalo School Board Wednesday night, but they weren't heard because the deadline to speak was Tuesday.
Concerned parent Mike Digiacomo said, "We were told that a public discussion would be available on April 9th. In my opinion, that is far too long."
News 4 has confirmed that a teacher at School 67 discovered the alleged abuse in November when a five-year-old autistic boy was taking a long time in the bathroom.
Buffalo Teachers Federation President Phil Rumore said, "She went in and saw, I think it was the teacher aide, holding the autistic boy's private parts."
Now four months later, parents got this letter from the school's principal, not saying what happened, but that it would be dealt with swiftly and severely.
Digiacomo said, "If it was due to be handled swiftly and severely, the alleged perpetrator should have been removed from the school immediately."
_________________________________________________________
Story by Alysha Palumbo, WIVB.
BUFFALO, N.Y. (WIVB) - - Parents and community members are furious that they've just found out about sexual abuse allegations at School 67, four months after the alleged incident happened.
Rev. Kinzer Pointer, former District-Parent Coordinator, "The reality that this has taken several months to get to this point scares the hell out of me."
News 4 has confirmed that a teacher at School 67 discovered the alleged abuse in November when a five-year-old autistic boy was taking a long time in the bathroom.
Phil Rumore, BTF President, "She went in and saw, I think it was the teacher aide, holding the autistic boy's private parts."
Now four months later, parents got this letter from the school's principal, not saying what happened, but that it would be dealt with swiftly and severely.
Mike DiGiacomo, concerned parent, "If it was due to be handled swiftly and and severely, the alleged perpetrator should have been removed from the school immediately."
Dawn Darling, parent, "I thought you were here to protect our children and obviously not."
Parents took their concerns to the Buffalo School Board tonight, but they weren't heard because the deadline to speak was Tuesday.
Mike DiGiacomo, concerned parent, "We were told that a public discussion would be available on April 9th, in my opinion that is far too long."
_________________________________________________________
BUFFALO, N.Y. (WIVB) - - Some Buffalo Public School parents are outraged by what allegedly took place in a bathroom at Discovery School 67 in South Buffalo.
Ed Bednarz, parent, "Cause I have kids. A 4 year-old and a 6 year-old. If indeed that's what's happening. It just makes you sick to your stomach."
News 4 has confirmed a teacher became concerned when a 5 year-old autistic child seemed to be in a bathroom little too long.
Phil Rumore, Buffalo Teachers Federation (BTF) President, "She went in and saw, I think it was the teacher aide, holding the autistic boy's private parts."
The alledged incident involving the aid took place in a bathroom in November, and now many parents are wondering why it took so long to come to light.
Dawn Darling, parent, "I'm furious. Furious. And you knew about this how many months ago?"
Almost 4 months later, parents are just now getting letters about the allegation.
Dawn Darling, parent, "I thought you were here to protect our children and obviously not."
BTF President Phil Rumore says the teacher reported what she saw right away to the principle, the teacher writes the adult was not suspended and charged with sexual abuse. Without another witness to support my statements and the abuser's denial of my charges, my allegations were labeled unfounded.
Phil Rumore, Buffalo Teachers Federation (BTF) President, "You don't touch a young boy's private parts."
Until a few days ago, the aide was in the same classroom with the teacher and the student.
Rumore wonders why, if the allegation had been made against a teacher.
Phil Rumore, Buffalo Teachers Federation (BTF) President, "That teacher would have been immediately sent home and put on administrative leave."
The Buffalo Police Department's sex offense squad is investigating and may turn over its findings to the District Attorney's Office in the next week or so.
There are questions about whether proper procedures were followed by the school. The school board may take up the matter Wednesday evening.
Athens educator put on leave for allegedly striking special education student
By Rich Flowers
March 11, 2008
Athens Daily News, Athens, TX
An Athens Middle School teacher has been placed on paid administrative leave while the school district investigates an allegation she struck a middle school student. Superintendent Dr. Fred Hayes did not identify the teacher under investigation, but said the complaint involves a special education teacher with 17 years experience and a 13-year-old boy.
“The allegation is that the teacher struck the student after he head-butted her. She popped him in the back of the head with an open hand,” Hayes said. “We take it very seriously. We’re dealing with it.”
The teacher was not escorted from the campus, but has been removed from the classroom. Hayes said there had been no prior allegations of student abuse concerning the teacher.
“She will remain on paid leave until we complete the investigation,” Hayes said. “The investigation involves one particular incident and one particular student. Even though it’s very important, I don’t want anyone to think th ere was widespread abuse going on.”
The incident allegedly occurred March 5 and the investigation began the following afternoon. Hayes is conducting the probe in conjunction with the special education department.
“I’m anticipating that probably by Wednesday we should have it wrapped up,” Hayes said of the investigation. “We never like to deal with anything like this. You hope that no teacher would ever strike a student even if it’s a reaction like to being head-butted. In a special ed situation where the student is more apt to hit you, sometimes there’s a response. But if there is, there’s a consequence.”
The complaint came from a nurse who said she witnessed the incident. He said the nurse meets with the child in the classroom a couple of times a week. The nurse told the parents, who in turn told the principal. From there the message was relayed to Hayes.
“Anytime you have something like this, there are rumors out there that are rampant. I would like to have people understand that our job is to keep your child safe,” Hayes said. “We’re going to do everything we can to do that. Sometimes, unfortunately, that means removing the teacher from the classroom, such as in this case.”
If the investigation should result in the termination of the teacher, Hayes said, the information would be forwarded to the state agency that governs teacher employment. The agency would make the determination concerning whether the teacher could be employed elsewhere.
March 11, 2008
Athens Daily News, Athens, TX
An Athens Middle School teacher has been placed on paid administrative leave while the school district investigates an allegation she struck a middle school student. Superintendent Dr. Fred Hayes did not identify the teacher under investigation, but said the complaint involves a special education teacher with 17 years experience and a 13-year-old boy.
“The allegation is that the teacher struck the student after he head-butted her. She popped him in the back of the head with an open hand,” Hayes said. “We take it very seriously. We’re dealing with it.”
The teacher was not escorted from the campus, but has been removed from the classroom. Hayes said there had been no prior allegations of student abuse concerning the teacher.
“She will remain on paid leave until we complete the investigation,” Hayes said. “The investigation involves one particular incident and one particular student. Even though it’s very important, I don’t want anyone to think th ere was widespread abuse going on.”
The incident allegedly occurred March 5 and the investigation began the following afternoon. Hayes is conducting the probe in conjunction with the special education department.
“I’m anticipating that probably by Wednesday we should have it wrapped up,” Hayes said of the investigation. “We never like to deal with anything like this. You hope that no teacher would ever strike a student even if it’s a reaction like to being head-butted. In a special ed situation where the student is more apt to hit you, sometimes there’s a response. But if there is, there’s a consequence.”
The complaint came from a nurse who said she witnessed the incident. He said the nurse meets with the child in the classroom a couple of times a week. The nurse told the parents, who in turn told the principal. From there the message was relayed to Hayes.
“Anytime you have something like this, there are rumors out there that are rampant. I would like to have people understand that our job is to keep your child safe,” Hayes said. “We’re going to do everything we can to do that. Sometimes, unfortunately, that means removing the teacher from the classroom, such as in this case.”
If the investigation should result in the termination of the teacher, Hayes said, the information would be forwarded to the state agency that governs teacher employment. The agency would make the determination concerning whether the teacher could be employed elsewhere.
Friday, March 14, 2008
Suits ask Mason schools be held liable for teacher's abusive actions
3/14/2008 7:00 AM
By Lawrence Smith -Mason Bureau
The West Virginia Record
POINT PLEASANT - The Mason County Board of Education has been named as a co-defendant in two civil suits alleging responsibility for injuries two special needs students suffered at the hands of their teacher.
That teacher, who is named a co-defendant, has a pending suit against the Board challenging an administrative law judge's decision upholding the Board's decision terminating her for the alleged acts.
On Dec. 19, two Mason County residents, identified only as M.F. and A.C., filed separate lawsuits alleging their children, identified only as C.F. and J.C., respectively, were improperly disciplined by their New Haven Elementary preschool teacher, Katherine Parrish. According to the suits, which are identical in wording expect for the names involved, the infants suffered "physical and emotional abuse" as a result of Parrish's actions.
In their complaint and suit, filed with the assistance of Matthew L. Clark, with the Point Pleasant law firm of Kayser, Layne and Clark, the residents allege that Parrish on several occasions between August and December 2006, "placed the infant [C.F/J.C] into a body sock, which brutally restrained [C.F./J.C.] in an abusive manner inconsistent with the child's Individualized Educational Plan or any accepted teaching practice."
Also, the suits allege Parrish, "covered the infant's face and head in an unreasonable manner for an undetermined amount of time while [C.F./J.C.] was restrained in the body sock." During the time they were each restrained, eyewitnesses observed Parrish leave the room.
Likewise, eyewitnesses observed Parrish "pick up [C.F./J.C.] and slam [C.F/J.C] down on the bleachers in an abusive manner." Because of the "physical and mental abuse [C.F./J.C.] suffered at the hands of Katherine Parrish, [C.F./J.C.] frequently recalls the abusive events and becomes frightened, and utters phrases consistent with the abuse endured," the suits allege.
According to court records, Parrish's actions where not halted until Susan Howard, a teacher's aide, reported it to the Board on Dec. 14, 2006. However, Clark says the school's principal, Robert Vaughan, was alerted to this matter a week earlier, but did nothing."
Defendant, Principal Robert Vaughan's inaction allowed the emotional and physical abuse of Defendant, Katherine Parrish, to continue until the Mason County Board of Education suspended and eventually terminated the employment of Defendant, Katherine Parrish," Clark said.
Because of his alleged inaction, Vaughan is named a co-defendant in the suits.
According to court records, the Board terminated Parrish, who lives in Ripley, on Jan. 18, 2007. On July 9, the West Virginia Education and State Employees Grievance Board upheld the school board's decision.
In the suit, Clark alleges that the actions of the three defendants has resulted in the infants to incur "Physical pain and suffering; Medical bills and costs; Mental pain, Suffering and anguish; Anxiety; and Loss of ability to enjoy life."
As compensation, Clark is asking that the three defendants be held jointly and severally liable for their actions so the infants may be awarded "an amount above and beyond the jurisdictional limits of this Honorable Court with prejudgment interest at the legal rate set forth by statute, post judgment interest, costs and attorneys fees incurred in the prosecution of this action."
"Further," Clark added, "Plaintiff[s] demand judgment against Defendant Katherine Parrish, for exemplary and punitive damages in an amount to be decided by a jury, and such further relief as the Court may order just and proper."
Teacher challenging termination
Though the suit was filed in December, neither of defendants has filed a reply. However, in a separate lawsuit, Parrish has challenged her termination.
As first reported by the West Virginia Record, Parrish, with the assistance of James M. Casey and Jeremy Vickers of the Casey Law Offices in Point Pleasant, filed an appeal of the Grievance Board's decision to Mason Circuit Court on Aug. 8. Casey and Vickers challenged personal observations Denise M. Spatafore, the administrative law judge, made in her ruling as "arbitrary, capricious and characterized by abuse of discretion and clearly warranted exercise of discretion."
Other than the Board via its attorney Gregory W. Bailey with Bowles, Rice, McDavid, Graff and Love's Morgantown office filing a motion to dismiss on Aug. 13, and Casey and Vickers submitting the entire record of the Grievance Board's finding into the court record on Oct. 25, no new action has been taken in the case.
All three cases are before Mason Circuit Judge David W. Nibert.
Mason Circuit Court, Case Nos. 07-C-191 (M.F., as guardian and next of kin to C.F.), 07-C-192 (A.C., as guardian and next friend of J.C.) and 07-AA-119 (Parrish)
By Lawrence Smith -Mason Bureau
The West Virginia Record
POINT PLEASANT - The Mason County Board of Education has been named as a co-defendant in two civil suits alleging responsibility for injuries two special needs students suffered at the hands of their teacher.
That teacher, who is named a co-defendant, has a pending suit against the Board challenging an administrative law judge's decision upholding the Board's decision terminating her for the alleged acts.
On Dec. 19, two Mason County residents, identified only as M.F. and A.C., filed separate lawsuits alleging their children, identified only as C.F. and J.C., respectively, were improperly disciplined by their New Haven Elementary preschool teacher, Katherine Parrish. According to the suits, which are identical in wording expect for the names involved, the infants suffered "physical and emotional abuse" as a result of Parrish's actions.
In their complaint and suit, filed with the assistance of Matthew L. Clark, with the Point Pleasant law firm of Kayser, Layne and Clark, the residents allege that Parrish on several occasions between August and December 2006, "placed the infant [C.F/J.C] into a body sock, which brutally restrained [C.F./J.C.] in an abusive manner inconsistent with the child's Individualized Educational Plan or any accepted teaching practice."
Also, the suits allege Parrish, "covered the infant's face and head in an unreasonable manner for an undetermined amount of time while [C.F./J.C.] was restrained in the body sock." During the time they were each restrained, eyewitnesses observed Parrish leave the room.
Likewise, eyewitnesses observed Parrish "pick up [C.F./J.C.] and slam [C.F/J.C] down on the bleachers in an abusive manner." Because of the "physical and mental abuse [C.F./J.C.] suffered at the hands of Katherine Parrish, [C.F./J.C.] frequently recalls the abusive events and becomes frightened, and utters phrases consistent with the abuse endured," the suits allege.
According to court records, Parrish's actions where not halted until Susan Howard, a teacher's aide, reported it to the Board on Dec. 14, 2006. However, Clark says the school's principal, Robert Vaughan, was alerted to this matter a week earlier, but did nothing."
Defendant, Principal Robert Vaughan's inaction allowed the emotional and physical abuse of Defendant, Katherine Parrish, to continue until the Mason County Board of Education suspended and eventually terminated the employment of Defendant, Katherine Parrish," Clark said.
Because of his alleged inaction, Vaughan is named a co-defendant in the suits.
According to court records, the Board terminated Parrish, who lives in Ripley, on Jan. 18, 2007. On July 9, the West Virginia Education and State Employees Grievance Board upheld the school board's decision.
In the suit, Clark alleges that the actions of the three defendants has resulted in the infants to incur "Physical pain and suffering; Medical bills and costs; Mental pain, Suffering and anguish; Anxiety; and Loss of ability to enjoy life."
As compensation, Clark is asking that the three defendants be held jointly and severally liable for their actions so the infants may be awarded "an amount above and beyond the jurisdictional limits of this Honorable Court with prejudgment interest at the legal rate set forth by statute, post judgment interest, costs and attorneys fees incurred in the prosecution of this action."
"Further," Clark added, "Plaintiff[s] demand judgment against Defendant Katherine Parrish, for exemplary and punitive damages in an amount to be decided by a jury, and such further relief as the Court may order just and proper."
Teacher challenging termination
Though the suit was filed in December, neither of defendants has filed a reply. However, in a separate lawsuit, Parrish has challenged her termination.
As first reported by the West Virginia Record, Parrish, with the assistance of James M. Casey and Jeremy Vickers of the Casey Law Offices in Point Pleasant, filed an appeal of the Grievance Board's decision to Mason Circuit Court on Aug. 8. Casey and Vickers challenged personal observations Denise M. Spatafore, the administrative law judge, made in her ruling as "arbitrary, capricious and characterized by abuse of discretion and clearly warranted exercise of discretion."
Other than the Board via its attorney Gregory W. Bailey with Bowles, Rice, McDavid, Graff and Love's Morgantown office filing a motion to dismiss on Aug. 13, and Casey and Vickers submitting the entire record of the Grievance Board's finding into the court record on Oct. 25, no new action has been taken in the case.
All three cases are before Mason Circuit Judge David W. Nibert.
Mason Circuit Court, Case Nos. 07-C-191 (M.F., as guardian and next of kin to C.F.), 07-C-192 (A.C., as guardian and next friend of J.C.) and 07-AA-119 (Parrish)
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