TN: Parents of boy locked in closet cope with ruling

Note: Article from June 2007 re "time out room"

Lindsay Melvin
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Friday, June 1, 2007

Suzy Hayden can only guess how long her 12-year-old son had been sitting in his own excrement when he was found screaming inside a locked supply closet at Bon Lin Elementary.

The day before, Jonathan confided to his mother that his teacher had shut him in a closet for several hours, recalled Hayden.

Her son has Asperger's Syndrome, a type of autism that causes him to function at a second-grade level. He also has attention deficit hyperactive disorder.

Unsure whether he was exaggerating, Hayden, who lives in Bartlett , waited until the next day to send a note to the principal.

Hayden said when the principal went to Jonathan's classroom to check on him, she found him locked in the closet, distraught, and with his clothing soiled.

The principal gave the child a change of clothes and called his mother.

She also contacted the Department of Children's Services (DCS). According to court documents, a DCS investigation of the incident, which occurred the second week of school, found teacher Sara Matz responsible for child abuse and placed her on a state registry.

On Tuesday, however, the case was dismissed and Matz's record cleared. Matz could not be reached for comment.

According to Rob Johnson, DCS director of communications, "The appeal led to further discussions between both sides and as more information came to light, our investigators felt they couldn't meet the burden of proof to justify indicating someone of child abuse."

Hayden and her husband have since been on a legal roller coaster trying to figure out how to hold the educator and the school system accountable for what happened to their son those two days.

Jonathan, now 13, has been pulled from the school but his mother says the incident altered his behavior. Afterward, he threatened to harm himself and needed hospitalization for severe anxiety attacks.

Jonathan ended up at Bon Lin Elementary after an unsuccessful attempt to place him with children closer to his age at Shadowlawn Middle School . He was suspended after running away.

At Bon Lin, he was placed in the S.T.E.P. program. The Short Term Educational Placement program is intended to work a child back into a mainstream classroom.

Hayden admits her son's tantrums can be tumultuous, but the school was aware of his issues and she had been told S.T.E.P. educators were highly trained to deal with behavior problems.

Matz hired well-known attorney Leslie Ballin to defend her against possible criminal charges. Shelby County Schools did not pay Matz's legal fees.

A June 1 hearing had been set, but Ballin appealed the DCS determination and the case was dismissed. Ballin said "new information" surfaced recently but would not elaborate.

Matz has resigned from Shelby County Schools, but Jonathan's mother isn't satisfied.

"If she did this to my kid she could have done this to anyone," she said.

Marcella Derryberry, a Nashville attorney who works with special education families and who has represented parents of Shelby County students in the past, said proving abuse in a school system is a difficult endeavor.

There is often an assumption that schools are doing it right, and the child is to blame, she said.

County school spokesman Mike Tebbe said the school system looks into all allegations of abuse, but relies on the expertise of those at DCS.

When asked whether it conflicted with school policy to confine a student in a closet, he responded, "A child can be put in a time-out area if they are seen as a hazard to themselves or others."

Jonathan now attends boarding school at King's Daughters' School in Columbia , Tenn. The tuition, which runs $84,000 to $120,000 a year, is paid for by Shelby County Schools.

Under federal law, the district must provide a free education to all children and currently contracts out the education of about 20 students. Tuitions at the specialized schools range from $7,000 to more than $100,000.

In Derryberry's experience, pricey residential facilities are something county schools typically steer clear of. But she said it might be worth it to the school district if it means keeping a low profile.

"They don't want to have this conversation in public, whether they feel the teacher did anything wrong at all," she said.

Because DCS dismissed the abuse case, Hayden said finding a lawyer to represent Jonathan in pursing legal action has been a major hurdle.

She's been advised it will be a lengthy and costly battle.

Her husband, Steve Hayden, worries bringing public attention to their case may create a situation where the school system might not be so generous with the tuition bills.

Jonathan's mother, however, isn't hesitating.

"At this point there is nothing I can be more afraid of them doing than what they've already done," said Hayden. "They allowed my son to get hurt."

-- Lindsay Melvin: 529-2445