The Coalition for Positive Behavioral Interventions & Supports

TX: Homicide ruled in 4th death at troubled kids' facility

2011-01-11T09:13:00.000-08:00

Boy, 16, asphyxiated in November after being restrained inside a closet (Owens had refused to show the staffer what he was holding in his hand, which turned out to be the cap of a pen)

By TERRI LANGFORD HOUSTON CHRONICLE

Jan. 7, 2011

Texas - The restraint death of a 16-year-old boy at Daystar Residential Inc., a facility for troubled children, has been ruled a homicide caused by "complications of mechanical asphyxia," according to the Harris County Institute of Forensic Science.

Michael Kevin Owens suffocated and died on Nov. 5 after a Daystar staffer placed him in a physical restraint inside a bedroom closet because he would not show the staffer what he held in his hand. Owens' death was the fourth restraint-related fatality to occur at Daystar or its sister facilities. Daystar is located 25 miles south of Houston.

The name of the staffer has not been released, and the case will go before a grand jury to determine whether criminal charges will be filed, according to Brazoria County District Attorney Jeri Yenne.

Owens' death occurred just days after the Texas Department of Family and Protective Services notified Daystar that it was on probation, and the incident prompted the agency to place the Manvel-based facility, for the third time, under the watch of a state monitor.

The agency is reviewing the autopsy report, which was issued to them late Thursday.

"We have been going through a very deliberate process of evaluating Daystar's state license, and this ruling is an important piece," said Patrick Crimmins, DFPS' spokesman.

For more information, please follow the link: http://www.chron.com/disp/story.mpl/metropolitan/7369710.html

FL: School Restraint Allegedly Leaves Student with Bloody Eyes

2010-11-06T19:02:00.000-07:00

From Tampa Bay Online News:

Student with bloody eyes will likely change schools

By JOSH GREEN

jgreen@wfla.com

Published: November 4, 2010

Updated: 11/04/2010 06:57 pm

TAMPA A 14 year-old boy who claims a school aide put him in a restraining hold that led to his eyes bleeding will likely wind up at a new school. The white part of Abdullah Fisher's eyes were still blood red today, a week after the incident at Dorothy Thomas School.

"When Abdullah was getting choked - he told him that he couldn't breathe," said Deborah Williams, his mother. "I don't want Abdullah going back to that school."

Fisher said it started last Thursday when he "smacked" paper out of his teacher's hands. Staff called in the school's resource officer, formally called an exceptional student education aide, and a scuffle escalated, according to Fisher. That aide tried to put Fisher in a time-out room, but he fought back.

"He took me up and he slammed me," Fisher said. "He had me ... in the Full Nelson move. I kept telling him I couldn't breathe."Fisher is 14, but because of a disability is on a third grade level, according to his mother. By the time he got off the bus Thursday afternoon, blood was dripping from his left eye, according to family witnesses at home.

"I had blood on my shirt," Fisher said. "The bus driver [saw] it … and asked me what happened."

Hospital paperwork shows he suffered a subconjunctival hemorrhage, which causes blood to leak from a broken vessel in the eyes. He also sustained an acute cervical strain.

By Wednesday afternoon, school administrators called Williams to set up a meeting today. A special education instructor will evaluate Fisher and his mother to see what school will fit him best. Williams said school leaders could have Fisher placed in a new school by Monday.

For the full article, please follow the link:

http://www2.tbo.com/content/2010/nov/04/041857/student-with-bloody-eyes-will-likely-change-school/

FL: 6 yr old boy with autism BITTEN by substitute teacher

2010-11-04T16:30:00.000-07:00

November 3, 2010

From WPTV.com:

West Palm Beach, Fla. - A 6 year-old boy, diagnosed with severe autism, was bitten in his own classroom at Belvedere Elementary in West Palm Beach.

"This is upsetting to us, this is the first time this particular substitute has worked in this school, and I believe in this district," said Nat Harrington, Public Information Officer with Palm Beach County Schools.

According to the school's principal, it happened in front of two other teachers, who quickly reported the incident.

It is unclear what happened to provoke the attack, but the school said the teacher bit the 6 year-old in the arm.

"We do have enough evidence to indicate that there was inappropriate behavior on the part of a substitute teacher," said Harrington.

The man, whom school district officials refused to identify, was filling in for a speech teacher in a special needs classroom.

"There is a police investigation, and there's also an employee investigation, those have just been launched," said Harrington.

For the full story, please follow the link: http://www.wptv.com/dpp/news/region_c_palm_beach_county/west_palm_beach/autistic-student-bitten-by-substitute-teacher

KY: Caregiver Charged After Beating Caught on Video

2010-10-11T21:09:00.000-07:00

From WLKY.com:

By Carissa Lawson/WLKY

POSTED: 4:44 pm EDT September 28, 2010
UPDATED: 6:39 pm EDT September 28, 2010

http://www.wlky.com/news/25197888/detail.html

LOUISVILLE, Ky. -- The mother of a 13-year-old disabled boy who suspected his caregiver was abusing him said a hidden nanny-cam confirmed her suspicion.

Bereket Haile is charged with first-degree criminal abuse.

"The first time he does, it is a single blow; thereafter, he'll just go up to the child and hit him three, four times consecutively," said Detective Charles Peck, describing the alleged abuse in court Tuesday.

Haile was the in-home sitter sent to Penny and Gary Harbin's home to take care of their son, Kris, who is severely autistic, has seizures and can't speak.

The Harbins said a nanny-cam hidden in a stuffed animal caught Haile hitting their son multiple times.

Peck told the court what happened when he asked Haile to come in for questioning after viewing the tape himself.

"We did sit down and we talked, and during that process, he denied hitting the victim, but when I played him the tape that I viewed, he said what he did was wrong and he shouldn't have done it," Peck said.

For more on this story, please follow the link: http://www.wlky.com/news/25197888/detail.html

FL: Florida 'gutted' child restraint bill of most important protections, mother of restrained child says

2010-10-11T20:56:00.000-07:00

From The Palm Beach News:

By PAT BEALL AND LAURA GREEN

Palm Beach Post Staff Writer

Updated: 11:59 a.m. Sunday, Oct. 10, 2010

Posted: 11:48 a.m. Sunday, Oct. 10, 2010

http://www.palmbeachpost.com/news/schools/florida-gutted-child-restraint-bill-of-most-important-964179.html

Port Orange Republican Dorothy Hukill's legislation restricting seclusion and restraint of Florida schoolchildren earned the state representative national notice.

"Florida was going to be the model for other states to follow," said Lori Mcllwain, a spokeswoman for the 10,000-member American Autism Association.

By the time it got to the governor's desk, though, Hukill's bill was stripped of its toughest provision: Instead of banning prone restraint, the bill was altered to bar restraint that can restrict a child's breathing.

"They took a good bill that had protective language for children with disabilities and gutted the bill, took out all the safety precautions," said Phyllis Musumeci, a mother whose son was forcibly held in a prone restraint more than 20 times at a Palm Beach County school. The Autism Association agreed: In a 180-degree turn, the group urged a letter writing campaign to persuade Gov. Charlie Crist to veto the bill.

"Was it as strong as I would have liked it to be? No," said Hukill of the new law, which took effect this year. "Am I delighted that we are finally addressing the problem? Absolutely."

***************

Even so, parts of the new law may not be as effective as hoped. Take training. Provisions call for enhanced training to offset risk. When it comes to prone restraint, though, Ohio's search of national literature doesn't support that idea, said Michael Rench, Ohio Rehabilitative Services Commission Administrator. Ohio last year banned prone restraint by most government employees, including teachers. "Everything we found was that it just is not safe even when applied by well-trained individuals," he said. As an example, Mark Kamleiter, a St. Petersburg lawyer and former public school behavioral specialist said prone restraint frequently calls for two or more people to apply force. One person may know the amount of force he is applying, but wouldn't necessarily know how much force the other person is applying. "You can hurt the child by accident," he points out.

For instance, 12-year-old Michael Wiltsie died in an Ocala youth camp in 2000 after a counselor pinned him to the ground. A grand jury found that the counselor was following proper procedures.

"You cannot train a person how to safely do a prone restraint," said Barbara Trader, executive director of TASH, a Washington advocacy group for people with disabilities. "It's not possible."

To read the full article, please follow the link: http://www.palmbeachpost.com/news/schools/florida-gutted-child-restraint-bill-of-most-important-964179.html

ME: Classroom crises - How does a teacher respond?

2010-10-11T20:48:00.000-07:00

From the Portland Press Herald:

October 11, 2010

A group of city educators gets training to defuse situations when students become angry or upset.

By Kelley Bouchard kbouchard@mainetoday.com
Staff Writer

PORTLAND - Peter McCormack moves around the room as if the information he's about to share can't wait to get out.

In front of him are 17 Portland teachers, education technicians, social workers and others who have signed up for a three-day training course in how to use Therapeutic Crisis Intervention techniques in school.

Some of them will stay for a fourth day to learn how to do physical restraints or holds, a controversial practice allowed in Maine schools when students are in danger of hurting themselves or others and all other efforts to calm them have failed.

"You are the best tool in any crisis situation," McCormack tells the teachers. "There are so many things you can do before resorting to physical intervention. Restraint truly is the intervention of last resort."

McCormack invited The Portland Press Herald to cover a recent training session in the hope of shedding light on a practice that is being scrutinized here in Maine and across the nation. Pressure is on to reduce the use of restraints, and many Maine schools are responding with increased training in alternative intervention methods and positive student supports.

In general, the methods call for building personal relationships with students, setting clear expectations for behavior, recognizing when and why students may be struggling or acting out, and responding with logic and compassion rather than anger and contempt.

"When a child is upset, it didn't happen out of nowhere, folks," McCormack says during the first day of training. "There's always a cause. It may not be right in front of you, but it's there. You have to know your child. And depending on your response, you're either going to throw gasoline on the situation or you're going to throw water on the situation."

***********

Superintendent Jim Morse has charged McCormack and East End Principal Marcia Gendron, also newly appointed from her former job as principal of Reiche Community School, with greatly reducing the number of restraints at East End.
"More often than not, the use of restraint only escalates a situation," Morse said. "Our goal is to keep kids in school and keep them learning. We want teachers to have the skill sets in their toolbox to de-escalate disruptive situations and help youngsters refocus."
Morse said he wants to reduce the overall number of physical restraints in Portland schools, which last year included seven at Longfellow Elementary School, four at Riverton Community School, three at Lyseth Elementary School and two at Moore Middle School. Nine other Portland public schools reported no restraints.
Moreover, Morse said, he wants all Portland schools to have a more positive and personal approach to behavior and discipline. With that in mind, he's moving to adopt a federally endorsed system known as Positive Behavioral Interventions and Supports across Maine's largest school district.

For the full article, please follow the link: http://www.pressherald.com/news/its-teachers-time-to-learn-handling-a-classroom-crisis_2010-10-11.html

KY: School systems review corporal punishment policy

2010-10-11T20:44:00.000-07:00

By Deneesha Edwards
The Dispatch

http://www.the-dispatch.com/article/20101011/ARTICLES/101019995/1005

Published: Monday, October 11, 2010 at 5:00 a.m.
Last Modified: Sunday, October 10, 2010 at 6:49 p.m.

Two school boards revised a disciplinary policy this week regarding corporal punishment.

The Davidson County and Thomasville City school systems upgraded their “School Plan for Management of Student Behavior” to bring it into compliance with N.C. House Bill 1682, which legislators recently passed and will be effective this school year.

Lexington City Schools prohibits corporal punishment for all students, with the policy stating other consequences are more appropriate and effective for teaching self-control.

The revision for the county and Thomasville touches on administering corporal punishment to students who are classified as having a disability. It states the punishment may not be given to disabled students whose parents or guardians have not given permission. Parents are given a permission form at the start of the school year.

“There have to be very special precautions before any kind of corporal punishment is to be administered,” said Dr. Fred Mock, superintendent of Davidson County Schools. “We took a look at the entire corporal punishment policy. We do not prohibit it.”

Thomasville City Schools went a step above the state policy and added a section in which corporal punishment will only take place if a parent signs a statement giving permission to the administrator and the parent or guardian has to be present.

To read the full article, please click on the following link: http://www.the-dispatch.com/article/20101011/ARTICLES/101019995/1005

FL: Pinned down - Palm Beach County schoolchildren subdued with risky restraint

2010-10-11T20:20:00.000-07:00

By PAT BEALL AND LAURA GREEN

Palm Beach Post Staff Writers

Updated: 11:12 a.m. Monday, Oct. 11, 2010

Posted: 9:06 a.m. Sunday, Oct. 10, 2010

http://www.palmbeachpost.com/news/schools/pinned-down-palm-beach-county-schoolchildren-subdued-with-964012.html?showComments=true&postingId=964015#commentsList

A phone call tipped off Darlene Foster that something had gone wrong at Lantana Middle School.

"If this was my child, I would want to know," an anonymous teacher warned her. "They're restraining your son."

Foster and her husband raced to the school to find 12-year-old Joshua held down by five men. Two had pinned his arms to a mat, two held down his legs, and another had his knee in the back of the 80-pound boy, who has a curved spine.

Joshua, who also has autism and cerebral palsy, had refused to go to art class and would not move from the school courtyard.

Joshua was subjected to an especially harsh form of prone restraint, a maneuver in which the child is held face down until he stops struggling.

So risky that six states have banned it outright in schools, prone restraint remains legal in Florida: Palm Beach County schools have used it on disabled students more than 1,500 times since 2007, according to a Palm Beach Post analysis. Most were elementary schoolchildren. Some were in pre- kindergarten.

*****

Prone restraint is used to immobilize an out-of-control student. Typically, two or three adults pull a student from a standing position down to a mat or other surface onto his stomach, and hold his limbs down.

It's almost exclusively used with special education students.

Injury can occur several ways. Adults may accidentally compress a child's chest, cutting off his air supply: A Cornell University study cited asphyxia in 28 deaths of children or teens after prone restraint. Because the child is face down, it can be hard to see signs of distress. Improperly applied pressure can bruise, or break a bone. Students with cardiac or respiratory conditions such as asthma are at special risk of injury or death.

"The national research was just overwhelming," said Michael Rench, Ohio Rehabilitative Services Commission administrator and a player in Ohio's decision to ban prone restraint. "We could not imagine why we would do that to people. It just was not defensible."

Even absent physical harm, a child's experience of being pushed to the ground and forcibly held can trigger emotional trauma that shows up as depression, increased anger and fearfulness, according to studies by national disability rights groups.

To read the full article, please follow the link: http://tinyurl.com/27gwamg

FL: Teacher Suspended, 2 Charged After "Special Needs" Student Bullied

2010-10-11T20:13:00.000-07:00

From WFTV.com:

October 11, 2010

VOLUSIA COUNTY, Fla. -- A 12-year-old boy was bullied and humiliated so badly at Holly Hill Middle School that he ended up in a corner, crying uncontrollably. After an attack in a gym locker room, his gym teacher has been suspended from school and two students were charged with misdemeanors.

The incident moved beyond verbal and physical abuse. The boys are accused of using a cell phone to take a picture of the victim, forwarding it to others, and shouting, "Put it on the Internet!"

It was after a middle school gym class last Tuesday, sheriff reports say, that a sixth-grade special needs student had his pants pulled down, shirt pulled up and was photographed by four school bullies.

"When they told me something happened in the locked room, boys were bullying him, I just cut him off, said I'll be right there," said Melissa Jones, the victim's mother.

Jones said Monday the incident has left her son traumatized. The boy, who was on suicide watch after a bullying incident last year, tried to return to school, but couldn't make it through the day.

Two of his classmates are now charged with battery and disorderly conduct for the incident, and the school district sent their teacher, Wayne Wheeler, home on paid leave. The allegation is that Wheeler wasn't watching the students as he should have been.

For more on this story, please follow the link: http://www.wftv.com/news/25358637/detail.html

PA: Drug Arrest at Facility Where Autistic Man Died

2010-08-06T16:02:00.000-07:00

By Teresa Masterson
NBCPhiladelphia.com
http://www.msnbc.msn.com/id/38598523/ns/local_news-philadelphia_pa/

A long-time employee of Woods Services, the facility where an autistic man died after being left in a hot car for hours, was arrested for allegedly selling cocaine, police say.

Uron Brinson, 34, of Pennington Avenue in Trenton, N.J., sold an ounce of cocaine for $1,120 to an undercover person on July 26 in the parking lot of Woods Services, police say.

Brinson then sold 110 grams of cocaine for $5,000 in the same parking lot of the special needs organization on Friday Aug. 6, Bristol Township Police say.

To read the full article, please click the following link: http://www.msnbc.msn.com/id/38598523/ns/local_news-philadelphia_pa/

PA: 1st Grade Teacher, Camp Counselor Arrested on Child Porn Charges

2010-08-05T19:19:00.001-07:00

By Teresa Masterson, Vince Lattanzio

NBCPhiladelphia.com

http://www.msnbc.msn.com/id/38576157/ns/local_news-philadelphia_pa/

A first grade teacher in West Chester and director of a local summer camp was arrested on charges of having hundreds of images of child pornography, authorities say.

David Devine, a first grade teacher for the West Chester Area School District and director of Camp Flying Hawk day camp, possessed more than 500 sexually explicit images of elementary-school-age children, according to Delaware County District Attorney G. Michael Green.

Devine, 34, taught first graders at Penn Wood Elementary for a year and a half, officials said. The district said Devine passed all required background tests before starting at the school.

"Devines clearances were completed prior to his employment," the district said in a statement. "No infractions were reported in these clearances, and we have had no reports of any improper conduct by Mr. Devine during his employment with the district."

School district officials say their Internet filtering system prevents anyone from accessing pornographic sites on school property.

Investigators were tipped off to Devine's alleged habits by the National Center for Missing and Exploited Children.

It is unknown whether or not the photos are of any children with which Devine was in contact, but D.A. Green says there's no reason thus far to believe that to be the case.

For the complete article, please follow the link: http://www.msnbc.msn.com/id/38576157/ns/local_news-philadelphia_pa/

PA: 1st Grade Teacher, Camp Counselor Arrested on Child Porn Charges

2010-08-05T19:19:00.000-07:00

By Teresa Masterson, Vince Lattanzio

NBCPhiladelphia.com

http://www.msnbc.msn.com/id/38576157/ns/local_news-philadelphia_pa/

A first grade teacher in West Chester and director of a local summer camp was arrested on charges of having hundreds of images of child pornography, authorities say.

PA: Pittsburgh Public Schools Settle Suit over Girl's Anorexia, Taunting

2010-08-05T13:15:00.000-07:00

Wednesday, August 04, 2010

By Paula Reed Ward, Pittsburgh Post-Gazette

A former student at Frick Middle School who claimed that teasing from fellow students about her weight -- and the administration's failure to halt the abuse -- led her to develop anorexia has agreed to settle her federal lawsuit.

Filed by the girl, identified as "B.G." and her mother, "Mary V." in U.S. District Court last August citing a hostile school environment, the suit will settle for $55,000, as well as the cost of mediation.

The Pittsburgh Public Schools board approved the settlement in May. However, according to the plaintiffs' lawyer, he has been unable to get in touch with his client since then.

"Mary V. has ceased communications with her counsel. She has failed to return phone calls or respond to correspondence," wrote Edward G. Olds in a motion to the court last week.

The only issue left open at the time of the mediation, Mr. Olds said, was the division of the settlement proceeds between the mother and daughter.

U.S. District Judge Donetta W. Ambrose has scheduled a hearing on the settlement for today.

Schools Solicitor Ira Weiss said he is hoping that Judge Ambrose will issue an order enforcing the settlement action.

"It is not uncommon for parties to seek court intervention to enforce a settlement," Mr. Weiss said.

At the time of mediation, he added, all of the parties were present and signed a summary of what they expected the settlement to be.

PA: Residential Abuse and Neglect: The Death of Brian Nevins

2010-08-05T13:01:00.000-07:00

By Amy Caraballo, AWN Contributing Writer

http://www.autismwomensnetwork.org/article/residential-abuse-and-neglect

For years we have been told to not lock our pets in our cars even in cool weather. Public service announcements have flooded the media warning of the dangers that quickly arise causing heatstroke and suffocation.
[1] It takes only minutes for a pet left in a vehicle on a warm day to succumb to heatstroke and suffocation. Most people don't realize how hot it can get in a parked car on a balmy day. However, on a 78 degree day, temperatures in a car parked in the shade can exceed 90 degrees -- and hit a scorching 160 degrees if parked in the sun!
But on July 24, 2010 a residential treatment facility in Eastern Pennsylvania left a 20 year old Autistic boy locked in a sweltering hot van parked in the facility's own parking lot for more than five hours in 97 degree weather. Brian Nevins' lifeless body was found in the van only after a staff nurse could not find him to administer medications.
The Philadelphia Inquirer reports that after an outing to Sesame Place in Langhorne PA, a Woods Services counselor dropped off a colleague and two of his clients on campus. She then drove a short distance to adjoining homes where her two clients lived. Only one of her two clients was taken into the facility. Brian Nevins was left in a back passenger seat with locked doors that could only be opened from outside. According to the Inquirer, the unnamed counselor returned to work and finished her shift, clocking out and leaving a few hours later.
While the unnamed counselor, who has been suspended, appears to be the primary focus of the investigation, many questions come to mind regarding the entire facility's treatment of residents. In November, a 17-year-old Woods resident died when he was struck by cars after falling from a highway overpass. The Bucks County Coroner's Office ruled that death accidental.
For the full article, please follow the link:
http://www.autismwomensnetwork.org/article/residential-abuse-and-neglect

MO: Girl, 16, Dies During Restraint at an Already Troubled Hospital

2010-08-05T12:55:00.000-07:00

http://www.stltoday.com/news/local/metro/article_4a10ccdd-5d08-52bd-bfc5-c435014aa09b.html?mode=story

The charge nurse found Alexis Evette Richie alone in a small room at SSM DePaul Health Center, motionless and sprawled facedown on a bean bag chair.

Minutes earlier, the 16-year-old foster child had tried to hit, scratch and bite staff members in the adolescent psychiatric ward. Two aides grabbed her arms and took her down a hall and into a small room called the "quiet room."

They held her facedown in the chair while a nurse injected a sedative into her hip. Alexis continued to struggle and then went limp.

The nurse and the two aides left without checking her pulse or making sure she was breathing.

Charge nurse Iris Blanks checked on her minutes later and didn't think Alexis looked right. An aide helped Blanks roll the girl over. Alexis wasn't breathing. Her pulse was faint.

It was 12 minutes after she stopped moving before anyone tried to revive Alexis. By then it was too late.

"Why did they leave her like that?" Blanks wailed over the phone to her daughter that night, according to a police report.

The "little girl," she said, "didn't have to die."

The medical examiner agreed, concluding that Alexis had suffocated on the bean bag chair. Her death on Oct. 26 was ruled a homicide.

For the full article, please follow the link: http://www.stltoday.com/news/local/metro/article_4a10ccdd-5d08-52bd-bfc5-c435014aa09b.html?mode=story

VA: Autism Teacher Charged With Child Cruelty

2010-08-05T12:51:00.000-07:00

August 3, 2010

By Kenny Gamble

http://www.wusa9.com/news/local/story.aspx?storyid=106232&catid=158

Centreville, Va. (WUSA) - A pre-school autism teacher has been suspended pending charges of child cruelty and a lesser charge of child abuse, according to Fairfax County Police.

Police said Jennah Christine Billeter, of Fairfax, physically assaulted and mistreated two boys, ages four and five, who were assigned to her class at Deer Park Elementary School, in the Centreville area.

School officials said they suspended Billeter the moment they found out about the charges. Officials said they immediately launched an investigation as a result of the allegations.

Billeter is charged with one count of misdemeanor assault and two charges of felony cruelty to children.

Anyone with more information is encouraged to contact Crime Solvers at (866) 411-TIPS (8477), or call Fairfax County Police at (703) 691-2131.

You can find more information at www.fairfaxcrimesolvers.org.

PA: Bucks Caregiver Faces Criminal Neglect Charges in Autistic Man's Heat Death

2010-08-05T12:38:00.001-07:00

August 4, 2010

By Larry King

Inquirer Staff Writer

http://www.philly.com/inquirer/front_page/20100804_Bucks_caregiver_faces_criminal_neglect_charges_in_autistic_man_s_heat_death

"Everyone was out of the van."

Time and again, when Bucks County investigators asked how a helpless, autistic man had been left to die last month in a sweltering, parked vehicle, that had been his caregiver's response, court records say.

She was wrong - criminally so, police have now concluded.

On Tuesday, authorities charged that caregiver, Stacey Strauss of Philadelphia, with fatally neglecting Bryan Nevins, a 20-year-old client at Woods Services, a Langhorne care facility.

Nevins' body was found July 24 in a van she had parked outside Woods Services, where he had been left behind on a 97-degree afternoon.

Severely autistic, Nevins was so childlike that he was never supposed to be out of his caregiver's view, court records say. Yet he was left in the van for five hours after returning from an excursion to Sesame Place.

"Mr. Nevins' death was not simply a tragic accident," said a statement issued by Bucks County District Attorney David W. Heckler and Middletown Township's acting public safety director, Patrick McGinty. "Rather, his death resulted from the criminal failure of the defendant to discharge her assigned responsibilities to Mr. Nevins."

For the full article, please follow the link:: http://www.philly.com/inquirer/front_page/20100804_Bucks_caregiver_faces_criminal_neglect_charges_in_autistic_man_s_heat_death.html#ixzz0vlJfJ4Dk

PA: State official calls autistic man's death 'totally avoidable'

2010-08-05T12:33:00.000-07:00

August 5, 2010

By John P. Martin

Inquirer Staff Writer

http://www.philly.com/inquirer/local/100009479.html?cmpid=15585797

The state official whose agency regulates the Bucks County facility where a severely autistic man died in a sweltering van called the death "totally avoidable" and said his staff had accelerated its investigation into the case.

Richard Gold, deputy secretary for the Office of Children, Youth and Families, said inspectors had been at Woods Services' campus in Langhorne almost every day since Bryan Nevins' death on July 24.

In an interview Wednesday, Gold said his office expected to release preliminary findings this week. He declined to elaborate, but was blunt in his assessment.

"In my opinion," Gold said, "this was a totally avoidable tragedy."

**********************

Bucks County prosecutors on Tuesday charged a counselor at the facility with felony neglect of a care-dependent person and other counts.

They said Stacey Strauss of Philadelphia was responsible for Nevins when she and another counselor escorted him and three other Woods clients to and from Sesame Place that Saturday.

According to a probable-cause affidavit, Nevins, whose parents say he had the mental ability of a toddler, was left in the back of the van after it returned to the campus around 12:30 p.m.

Nearly five hours passed before staff realized he was missing. They found his body across the backseat of the van, his arms folded.

Authorities say Nevins probably died within an hour from sitting in the torrid heat.

For the full article, please follow the link: http://www.philly.com/inquirer/local/100009479.html?cmpid=15585797#ixzz0vlIQIcil

PA: State Revokes Woods Services License After Heat-Related Death

2010-08-05T12:27:00.001-07:00

August 5

By John P. Martin

INQUIRER STAFF WRITER

http://www.philly.com/philly/news/breaking/20100805_State_revokes_license_of_center_where_man_died.html

State officials Thursday revoked one of the licenses of the Bucks County facility where a severely autistic man died in a sweltering van, and ordered eight other clients who lived in the same unit to be removed from the campus.

The Department of Public Welfare also banned Woods Services, the Langhorne residential care center, from accepting new clients until the department completes its investigation into the death of Bryan Nevins.

In a letter to the Woods Services president, Deputy Secretary Richard Gold cited what he called "gross incompetence, negligence and misconduct" by employees there that led to Nevins' heat-related death last month.

The revocation applies to just one of 37 licenses held by Woods Services for its Langhorne campus. Most of the nearly 1,400 special-needs clients aren't affected.

To Read the Full Article, Please Click the Following Link: http://www.philly.com/philly/news/breaking/20100805_State_revokes_license_of_center_where_man_died.html

Announcement: Justice4Children Internet Radio Show 7/30/10

2010-07-30T14:31:00.000-07:00

Forwarded Message from Theresa Edwards:

PLEASE JOIN ME, THERESA EDWARDS ON

FRIDAY 30 JULY 2010 AT 8 PM - 10 PM EST

THE TOLL FREE PHONE NUMBER IS

1-646-716-8675

www.blogtalkradio.com/wakeupcallshow

OUR GUESTS TONIGHT WILL BE SARAH WILCOX OF B&B CARE SERVICES, ALONG WITH REPRESENTATIVES FROM OTHER ORGANIZATIONS THAT HELP FAMILIES WITH FINANCIAL AID TO OBTAIN SERVICES, AND ITEMS TO BENEFIT OUR CHILDREN.

CALL IN TO SEE IF THEY CAN HELP YOU AND YOUR CHILD(REN).

Let's talk and Come Together.

Our Children Need Our Help and Co-operation.

If you have any announcements that you would like to have put out on the air please submit them to me at hedwards08@comcast.net

PA: Man With Autism Left in Hot Car by Caregiver Die

2010-07-28T18:18:00.000-07:00

Man With Autism Left in Hot Car by Caregiver Dies

Disabled man spent more than 5-hours in car as temps soared over 150-degrees

By VINCE LATTANZIO

Updated 11:21 AM EDT, Tue, Jul 27, 2010

BUZZ UP!

53 retweet

Investigators want to know how a man with autism could be left inside a van for hours in the intense heat just steps from the facility where he lived.

The unidentified 20-year-old man died after spending more than five hours inside a van operated by Woods Services in Middletown Township, Pa. last Saturday, police say.

The man, whose autism left him unable to speak, was in the backseat of the van for a return trip from Sesame Place in Langhorne, Pa. with three other residents and two caregivers.

Once back on the grounds of the facility, two of the residents were taken inside by one caregiver, police said.

Authorities say an unidentified man with autism...

*********************************

When it was determined the man was missing, staff conducted a search of the buildings and subsequently the vehicle where he was found dead.

**********************************

The driver of the van and a coworker were both suspended after the man's death. Investigators are also looking into the possibility of whether criminal charges are warranted in the case.

For the full article, please follow this link: http://www.nbcphiladelphia.com/news/local-beat/Autistic-Man-Left-in-Hot-Car-by-Caregiver-Dies-99292304.html

VA: Washington Post Article Highlights Alleged Sexual Predator; Abuse World-wide, Goes Back Decades

2010-07-28T16:03:00.000-07:00

Author's Note: The Washington Post has published an article about alleged sexual predator Kevin Ricks. Ricks has allegedly sexually abused boys and documented his exploits in journals, photos, and videos.

Below is an excerpt:

Kevin Ricks' career as teacher, tutor shows pattern of abuse that goes back decades

By Josh White, Blaine Harden and Jennifer Buske

Washington Post Staff Writers
Sunday, July 25, 2010

http://www.washingtonpost.com/wp-dyn/content/article/2010/07/24/AR2010072402605.html

Kevin Ricks was a gregarious, well-traveled English teacher at Osbourn High School, a Walt Whitman devotee who was so popular that a photo of him in class was chosen to fill the opening page of the yearbook. A writer and photographer himself, Ricks would walk the halls of the Manassas school with a leather-bound journal of his musings tucked in his bag, next to his laptop computer.

What teachers, parents, students and even his wife didn't know was that his journals contained decades of dark secrets, a running handwritten commentary of Ricks's world of obsession, infatuation, pursuit, sexual abuse and international child exploitation.

They didn't know about his library of homemade pornographic videos and explicit photographs capturing his tequila-soaked sex acts with teenage boys he had handpicked. They didn't know about the makeshift shrine boxes containing mementos of the episodes, including sex toys, soiled tissues and hair trimmings.

Even some of the victims didn't know they were victims.

A four-month Washington Post investigation of Ricks's career as a teacher, tutor, foreign exchange host and camp counselor has revealed a pattern of abuse that dates to at least 1978 and has left a trail of victims spanning the globe. But despite the abuse, Ricks moved from one teaching job to the next over nearly 30 years, navigating the nation's public and private school systems undetected, evading traps designed to catch him.

For the full article, please follow this link:

http://www.washingtonpost.com/wp-dyn/content/article/2010/07/24/AR2010072402605.html

India: Partha De "Determined to Stop the Menace of Corporal Punishment at Any Cost" with New Complaint System

2010-07-28T14:51:00.000-07:00

July 28, 2010

Corporal Punishment

(The Telegraph) Students and parents can soon complain about corporal punishment directly to the state government through SMS and email under a separate set of rules meant to ensure that teachers spare the rod.

“We are determined to stop the menace of corporal punishment at any cost. No teacher will be allowed to inflict physical and mental torture on students,” declared school education minister Partha De following a series of meetings through the day to finalise the draft of the proposed rules.

The rules, including “direct government intervention” based on complaints filed by guardians and students with the authorities, will be binding on all schools affiliated to the state board.

************

“There can be no excuse for beating up a student. When a teacher is appointed, he/she needs to make a declaration not to impose any kind of physical or mental torture on students. The new set of rules aims to ensure that under no circumstance can a teacher break that oath,” said De.

To read the full article, please follow the link: http://news.icbse.com/complain-corporal-punishment-email-sms-482#ixzz0v15Sjs00

IL: PBIS in Harvard Park Elementary School

2010-07-28T09:30:00.000-07:00

July 28, 2010

By Jennifer Searcy

Founder/Director of Public Policy & Affairs

The Coalition for Positive Behavioral Interventions & Supports

Harvard Park Elementary School, which is part of Springfield Public Schools, has made their "Behavior Expectations" brochure and their "PBIS Behavior Matrix" brochure available online.

Included in the Elementary School's PBIS policies are:

Child access to a "Safety Zone." This area allows children a "stress break" for up to 5 minutes, where children may "make positive decisions about their behavior" when they are feeling frustrated, angry, or overwhelmed.

"Gotchas." These certificates awarded to children when they are "caught" engaging in appropriate behaviors.

"Expectation Rotation Centers." This includes a walk-though of the school with demonstrations and modeling of appropriate behaviors in various environments within the school.

"Cool Tools." These skills and behaviors are taught to children, and include listening, showing respect, problem-solving, etc.

Monthly and quarterly celebrations are also held, in addition to teacher selection of "Student of the Week."

The "Behavior Expectations" brochure can be accessed here: http://www.springfield.k12.il.us/downloads/basic/86111/f_10385-149-ae1.pdf

The "Behavior Matrix" brochure can be found here: http://www.springfield.k12.il.us/downloads/basic/86112/f_10385-213-ca7.pdf

TN: Thousands of Memphis Elementary Students Suspended And Expelled

2010-07-28T09:15:00.001-07:00

Reported by: Kevin Holmes
Email: kholmes@myeyewitnessnews.com
Last Update: 9:23 am

http://www.myeyewitnessnews.com/news/local/story/Thousands-of-Memphis-Elementary-Students/sB_MLR55-ka4TJuGOkPWZQ.cspx

MEMPHIS, TN – Just about every school in the country has suspended or expelled a student, but when it comes to Memphis City Schools the number is in the thousands, according to Memphis City School Board Member Kenneth Whalum, and that’s just for elementary school. Last year, nearly 9,000 MCS students (K – 5) were suspended. Close to 500 were expelled.

*********

According to James Bacchus, MCS’ Executive Director of Student Support, programs are in place to deal with the problem. One is called Positive Behavior Intervention and Support (PBIS). Its goal is to help teachers understand and identify inappropriate behavior before it starts. But PBIS has been around for years, which is why Whalum questions if that’s enough.

For the full article, please follow the link: http://www.myeyewitnessnews.com/news/local/story/Thousands-of-Memphis-Elementary-Students/sB_MLR55-ka4TJuGOkPWZQ.cspx

To see the MCS Code of Conduct, please click here: http://www.mcsk12.net/policy/policy_coc.asp

HI: Board of Ed Exploring Bullying Policies

2010-07-28T09:15:00.000-07:00

Hawaii One Of Few States With No Laws Against Harassment, Bullying

Jodi Leong KITV4 News Reporter

POSTED: 10:14 pm HST July 27, 2010
UPDATED: 5:52 am HST July 28, 2010

http://www.kitv.com/news/24418999/detail.html

Honolulu -- Hawaii is one of a few states that has no laws against bullying and harassment in the public schools.

A Board of Education committee Tuesday, started gathering information on the problem and potential solutions from experts.

A Hawaii School Health Survey taken in February, found an alarming 51 percent of high school students surveyed, feel harassment and bullying by other students is a problem in their school.

The survey also found 32 percent have been hurt by messages sent by e-mail or by postings on the Internet.

***********

Although there is currently no law that protects students from bullying or harassment, the BOE committee is gathering input from experts and may eventually craft a proposal that would make the practice illegal in Hawaii’s public schools.

*************

Experts urged BOE members to support a plan that includes mental health intervention for both bullies and their victims. “When a child has been assaulted in the Hawaii state school system, what kind of intervention is done on behalf of the victims? There is nothing,” said clinical and forensic psychologist Reneau Kennedy.

**********

The BOE plans further discussions on bullying and harassment in public schools over the next few months.

NE: Dept of Ed Develops Restraint and Seclusion Document

2010-07-28T09:00:00.000-07:00

JULY 28, 2010

http://preventionperspectives.com/nebraska-doe-develops-document-on-restraint-and-seclusion/

The Nebraska Department of Education developed a technical assistance document, Developing School Policies & Procedures for Physical Restraint and Seclusion in Nebraska Schools.

The document was created to provide schools information and guidance to create or revise policies regarding use of restraint and seclusion, based on national policy directions and research.

It contains sections on developing policies and procedures on restraint and seclusion, components of policies and procedures, and examples of policies.

View the Developing School Policy & Procedures for Physical Restraint and Seclusion in Nebraska Schools technical assistance document.

NC: Abuse Claims at School for Deaf

2010-07-20T15:11:00.000-07:00

July 17, 2010

THE NEWS & OBSERVER, RALEIGH, N.C. | LYNN BONNER | Sat, Jul 17, 8:41 AM

http://dailyme.com/story/2010071700001905/abuse-claims-nc-school-deaf.html

July 17--The director of the N.C. School for the Deaf in Morganton has been suspended after reports that staff members slapped a student, shoved another and held one girl face-down on the floor with a force that left bruises.

Raleigh-based Disability Rights N.C., an independent advocacy group that persuaded state officials to investigate, also said that girls at the residential school reported that a dorm director made a habit of dropping in when they were scheduled for showers and watched them on a security camera while they were in their pajamas.

On Friday, the state Department of Health and Human Services suspended the director of the school, Janet McDaniel, as it responded to allegations that she failed to act on the reports of physical abuse and let months go by before she did anything about the dorm director.

For the full article, please click the following link: http://dailyme.com/story/2010071700001905/abuse-claims-nc-school-deaf.html

VIDEO: The Jonathan Carey Story: The Killing of an Innocent Boy with Autism

2010-06-17T15:28:00.000-07:00

Please view this moving tribute to the life and tragic death of Jonathan Carrey, who died at the age of 13 on February 15, 2007 after O.D. Heck Elementary staff physically restrained him in a van.

In 2004, Jonathan was abused in a private school for children with autism in Statsburg, New York. Staff secluded him in his bedroom for extensive periods of time, causing him to miss 8 days of school in one month – the room had been stripped of everything the child held dear: his toys, his books, even his pictures; the windows were covered so he could see nothing of the outside world, just the walls of his room.

He was repeatedly physically restrained by staff and suffered extensive bruising; bruising which went unreported by school staff, as required by law. Because he was mostly non-verbal, he could not tell his parents what happened…

Jonathan’s meals were also withheld for “behavior modification” for several weeks. When his parents questioned their son’s visible weight loss, the school told them their visitation was suspended for 4 weeks to allow for “intensive programming.” Jonathan’s parents immediately removed him from the school and reported allegations of abuse to the appropriate authorities.

Following the investigation, all records were immediately sealed and withheld from Jonathan’s parents.

His parents next placed Jonathan in a facility closer to his family’s home – but Jonathan was abused again and again, until finally, he died.

On May 5, 2007, Jonathan’s Law was passed in New York state to give parents and guardians access to their child’s records; no longer can records of abuse be sealed. His parents have also been instrumental in getting 6 more laws passed, including banning the withholding of food/meals for the disabled and changing the Standards of Abuse (Social Services Law 412), which was responsible for covering up incidences of abuse.

To learn more, please see http://jonathancareyfoundation.org., http://caica.org, and http://floridafamiliesagainstrestraint.blogspot.

NH: Four Charged in Tatooing 14 Yr Old Special Needs Child Against His Will

2010-05-23T20:38:00.000-07:00

May 22, 2010

http://www.foxnews.com/us/2010/05/22/charged-tattooing-year-old/?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed:+foxnews/us+(Text+-+US)

CONCORD, N.H. -- Four people have been charged with tattooing a 14-year-old special needs student on his backside, against his will, Concord police said.

The boy, whose name was not released, told police the four told him he wouldn't be picked on at Concord High School if he submitted to it. An image, with two obscene words was tattooed on him May 10, police said.

The victim was targeted because he's intellectually challenged, prosecutor Scott Murray said.

"You put yourself in this kid's position, your heart has to go out to him," said Sgt. John Thomas, who said the boy has been picked on so much that he would do anything to stop it. "It's gotten so bad that you have to subject your body to being scarred for life, just to be accepted by your peers."

Blake VanNest, 18, is charged with assault, endangering the welfare of a minor, tattooing without a license, indecent exposure and criminal threatening. Donald Wyman, 20, is charged with criminal liability for the conduct of another and conspiracy to endanger the welfare of a minor.

Two others -- Ryan Fisk, 19 and Travis Johnston, 18, -- are also charged.

For more on this story, please follow the link: http://tinyurl.com/28a24ex

NJ: Restraints used by NJ educators to curb unruly behavior under scrutiny

2010-05-05T12:23:00.000-07:00

Excerpt from APP.com:

It's been called "the dirty little secret'' of special education.

New Jersey gives public and private schools a virtual free pass to forcibly restrain unruly children with disabilities.

School employees can use "bear hugs,'' "basket holds'' and "take downs'' … which sound more like wrestling moves than anything you'd expect to see in school … and keep children confined in "time-out'' rooms until they calm down.

Last year, congressional investigators uncovered hundreds of cases of alleged abuse and at least 20 deaths related to the use of restraints and seclusion in U.S. schools since 1990.

State law also allows school employees to use extreme measures to control severely autistic children who habitually injure themselves by banging their heads, biting their hands or other compulsive behaviors. The techniques include spraying water or noxious chemicals in kids' faces, snapping their wrists with rubber bands or putting hot sauce on their tongues, disability rights advocates say.

Educators and crisis-intervention experts say restraining holds and other forceful methods are sometimes necessary, as a last resort, to protect children and others from harm. Moreover, they reflect the serious behavior problems schools have to contend with today, especially in special education.

For more information, please click on the following link: http://www.app.com/article/20100505/SPECIAL20/100504060/1024/POLITICS/Restraints-used-by-NJ-educators-to-curb-unruly-behavior-under-scrutiny

Announcement: National Autism Association Urges FL Governor's Refusal of Flawed Restraint/Seclusion Bill

2010-05-05T11:49:00.000-07:00

Excerpt from National Autism Association:

Gutted bill strips away ability to prevent abusive treatments of children in Florida classrooms

TALLAHASSEE, Fla., May 5 /PRNewswire-USNewswire/ -- The National Autism Association (NAA) today is asking parents and advocates for children to contact Florida governor Charlie Crist, urging that he not sign legislation that has been stripped of its original intent to protect children from harmful restraint and seclusion practices in Florida schools. This alarming trend is on the rise nationwide.

A May, 2009 report from the Government Accountability Office (GAO) brought to light incidents of abusive classroom treatments of our nation's schoolchildren that have resulted in serious injury and death. Often the children subjected to these practices have diagnoses of autism or related disorders. The GAO report revealed deaths from "mechanical compression to the chest," or "smothering." One schoolchild died from restraint following a seizure, another died from hanging himself in a seclusion room. Other cases included a four-year-old girl who was tied to a chair and abused, five children who were duct-taped to their desks, and a ten-year-old boy who was put in a seclusion room "75 times over a 6-month period for hours at a time for offenses such as whistling, slouching and hand-waving."

The original Florida bill, SB 2118: Use of Seclusion and Restraint on Students with Disabilities, was written with significant parental input that no longer existed in the version passed by the Florida state Senate last Thursday. According to Port St. Lucieparent Anna Moore, whose son Isaiah was brutally restrained while at school in 2007, "This version of the bill is a disgrace. I don't see the protections from the dangerous and even deadly restraint and seclusion practices that are being used on our most vulnerable children. If anything, I am worried it will do more harm than good for children subjected to these inhumane treatments."

Among the concerns of Mrs. Moore and other parents are that the bill:

Allows schools to wait 3 school days before mailing the incident report to parents. If a child was restrained on Friday, it is likely a parent would not receive an incident report until the following Friday or Monday thereafter.
Does not afford parents any rights if they disagree with a practice used or believe a child was abused.
Allows school districts to self-monitor restraint/seclusion events with no independent oversight. Data does not go to federal Department of Education and does not include information about prior complaints from parents regarding district's failure to provide proper supports/services according to IDEA.
Does not require public reporting of data.
Allows school districts to decide their own policies on data collection, incident reporting, and monitoring with no independent oversight.
Does not adequately define or address the use of seclusion/solitary confinement which has resulted in severe abuse in numerous cases.
Fails to provide prohibition against the use of aversive interventions that compromise health and safety.
Fails to require that Applied Behavior Analysis or other Positive Behavior Interventions that are evidence-based be used to prevent behaviors or training for such interventions.
Fails to designate penalties for violations.

For more information, please click on the following link: http://www.prnewswire.com/news-releases/national-autism-association-urges-florida-governors-refusal-of-flawed-restraint--seclusion-bill-92874484.html

MA: Report filed against Judge Rotenberg Center; Electric Shock Therapy Allegedly Violates Geneva Convention

2010-05-04T22:45:00.000-07:00

"I prayed to God someone would help these kids..."

Excerpt from The Raw Story:

http://rawstory.com/rs/2010/0504/rights-group-files-urgent-appeal-alleging-torture-school-disabled/

May 4, 2010

By Diana Sweet

Mental Disability Rights International (MDRI) has filed a report and urgent appeal with the United Nations Special Rapporteur on Torture alleging that the Judge Rotenberg Center for the disabled, located in Massachusetts, violates the UN Convention against Torture.

The rights group submitted their report this week, titled "Torture not Treatment: Electric Shock and Long-Term Restraint in the United States on Children and Adults with Disabilities at the Judge Rotenberg Center," after an in-depth investigation revealed use of restraint boards, isolation, food deprivation and electric shocks in efforts to control the behaviors of its disabled and emotionally troubled students.

Findings in the MDRI report include the center's practice of subjecting children to electric shocks on the legs, arms, soles of feet and torso -- in many cases for years -- as well as some for more than a decade. Electronic shocks are administered by remote-controlled packs attached to a child's back called a Graduated Electronic Decelerators (GEI).

The disabilities group notes that stun guns typically deliver three to four milliamps per shock. GEI packs, meanwhile, shock students with 45 milliamps -- more than ten times the amperage of a typical stun gun.

A former employee of the center told an investigator, "When you start working there, they show you this video which says the shock is 'like a bee sting' and that it does not really hurt the kids. One kid, you could smell the flesh burning, he had so many shocks. These kids are under constant fear, 24/7. They sleep with them on, eat with them on. It made me sick and I could not sleep. I prayed to God someone would help these kids."

For the full article, please click the following link: http://rawstory.com/rs/2010/0504/rights-group-files-urgent-appeal-alleging-torture-school-disabled/

IN: Lawsuit - 8 yr old Boy with Autism Tied to Chair

2010-05-04T21:12:00.000-07:00

Excerpt from TheIndyChannel.com:

IPS Policy, Indiana Law Allows Children To Be Restrained

POSTED: 4:08 pm EDT April 29, 2010

UPDATED: 6:08 pm EDT April 29, 2010

INDIANAPOLIS -- The mother of an 8-year-old boy with autism is suing Indianapolis Public Schools after she said her son was tied to a chair by a teacher's aide.

Jennifer Robbins said she went to William Penn ElementarySchool on Jan. 14 for a conference and found her son, Hudson, belted to a chair in the corner of his classroom, 6News' Joanna Massee reported.

"It was wrapped around and tied twice in a double knot," said Robbins, who described the mostly non-verbal boy as looking disheveled and as if he had been crying.

She said her son's teacher and two teacher's aides were in the classroom at the time, and that the school's principal, Rhonda Akers, apologized for the incident.

For more information, please click on the following link: http://www.theindychannel.com/news/23310041/detail.html

TX: State Abuse - Despite reforms, abuse in state institutions remains high.

2010-05-04T20:32:00.000-07:00

Excerpt from The Texas Observer:

http://www.texasobserver.org/cover-story/state-abuse#txlege

April 19, 2010

By Dave Mann

Despite reforms by state lawmakers, abuse and neglect of Texans with mental retardation in state-run institutions has increased the past three years, according to anObserver analysis of state data. Reforms enacted in response to a high-profile abuse scandal have left the facilities with fewer residents and more staff, yet confirmed allegations of abuse rose 57 percent between 2007 and 2009. However, the number of abuse cases has dropped slightly so far in 2010, indicating that perhaps the latest reforms are having some effect.

For the past four years, Texas’ 13 sprawling, state-run institutions for the mentally retarded—formerly known as State Schools and which the Legislature recently renamed State Supported Living Centers—have been the source of horrific tales of abuse. Since 2005, investigations by the U.S. Department of Justice and numerous media outlets, including the Observer (see “Systemic Neglect,” May 1, 2008), have documented hundreds of instances in which Texans with mental retardation were beaten, neglected and, in some instances, killed by the staff charged with caring for them. In the most famous incident, workers at the Corpus Christi State School recorded a “fight club” video in which mentally disabled residents were forced to beat each other.

The abuse scandal was rooted in years of under-funding by the Legislature. Low pay and astronomical staff turnover, which ran as high as 70 percent in some facilities, led the institutions to hire low-grade employees—and in a few instances convicted felons—who never should have been caring for vulnerable, and often volatile, residents.

Despite reforms passed in the past two legislative sessions—including a 12-percent funding increase and nearly 3,000 additional caregivers—the number of abuse and neglect cases remains high.

Confirmed cases of abuse in State Supported Living Centers rose 57 percent between 2007 and 2009, according to an Observer analysis of state data, from 458 incidents in 2007 to 719 last year.

In the first six months of fiscal year 2010, which began in September, confirmed cases of abuse and neglect have dipped by 19 percent. State Supported Living Centers are on pace to report 580 cases of abuse in 2010, which while lower than 2007’s peak, is still historically high.

For the full article, please click on the following link: http://www.texasobserver.org/cover-story/state-abuse#txlege

OH: Legal Society Files Complaint for Prone Restraint of Child with Autism; Staff Allegedly "Trained" in CPI

2010-05-04T20:09:00.000-07:00

From Ohio Legal Rights Services:

LRS files complaint in case involving restraint of student with autism

May 3, 2010

Ohio Legal Rights Service (LRS) filed a complaint in the U.S. District Court, Northern District of Ohio, Western Division seeking relief for an 11-year-old child with autism and developmental disabilities who was allegedly abused by his special education teacher and aide. The alleged abuse occurred in a classroom during a prone restraint.

LRS states in the complaint that all medical opinions conclude that the student was abused during the prone restraint. The extreme force and pressure applied during the restraint episode by the teacher and her aide caused intradermal hemorrhaging indicating the student's blood flow and oxygen were obstructed. The complaint alleges that the manner in which the teacher and the aide restrained the student was reckless and completely outside of any professionally acceptable method and was conducted in conscious disregard for the student's rights and safety.

The complaint claims the Defendants violated the student's rights under the 14th Amendment of the U.S. Constitution by failing to protect the student's due process right to personal security and to be free from bodily harm at the hands of state actors, such as teachers, aides and administrators. The named Defendants include the teacher, classroom aide, school district, educational service center and all agencies, governing boards and personnel responsible for the implementation and supervision of the special education program.

A jury trial was requested by the Plaintiff. Read the complaint (PDF file)

For more information about restraint and seclusion in schools and LRS' work in this area, see the Restraint and Seclusion section.

FL: School Discipline Has Changed

2010-05-04T20:02:00.000-07:00

Excerpt from Ocala.com:

By Joe Callahan
Staff writer

Published: Tuesday, May 4, 2010 at 6:30 a.m.
Last Modified: Tuesday, May 4, 2010 at 7:08 a.m.

Three weeks ago, the Marion County School Board banned paddling from its menu of disciplinary measures in a move applauded by many educators, parents and disciplinary experts who say corporal punishment is less effective than methods that don't rely on force and intimidation.

They note that since the 1960s, educators enjoy a wider array of disciplinary tools tailored to address different kinds of student misconduct, including in-school suspension, alternative schools and deans of discipline.

But critics of the School Board's decision to abolish paddling say public school educators face more serious behavioral problems than ever before, and their ability to deal assertively with those problems has eroded over time.

For more information, please click on the following link: http://www.ocala.com/article/20100504/ARTICLES/5041008/1005/sports01?Title=School-discipline-has-changed

NY: School board members must report child abuse in educational setting

2010-05-04T19:57:00.000-07:00

Excerpt from New York State School Board Association:

On Board Online • April 26, 2010

By Pilar Sokol
Deputy General Counsel

In a ruling involving a school board member who heard an allegation of an improper contact between a district employee and a student, the commissioner of education urged a school district to make sure it provides In Board of Education for the City School District of the City of Elmira, the commissioner denied a request to remove the board member from office, but he advised her to comply strictly with mandatory reporting requirements in the future.

As a result of this decision, all school boards should review their training program on mandatory reporting requirements applicable to incidents of alleged child abuse in an educational setting and implement the program on an ongoing basis. Like other school mandatory reporters, board members should receive training on reporting compliance procedures.

The case arose after a school board member received third-hand information last fall that a school district employee allegedly had inappropriate contact with a student. She shared the information with another board member who notified the superintendent. The superintendent, in turn, commenced an investigation and contacted police.

*******

The commissioner ruled the board failed to establish the board member’s actions warranted her removal.

Nonetheless, the commissioner “strongly” reminded the board member of the obligation of school board members to comply with the child abuse in an educational setting reporting requirements, and the “importance of strictly abiding” with those requirements in the future. The commissioner also urged the school board to make sure it provides training on such requirements on an ongoing basis.

For more information, please click on the following link: http://www.nyssba.org/index.php?src=news&srctype=detail&category=On%20Board%20Online%20April%2026%202010&refno=1339

Special Report: WebMD - Why Bullies Bully

2010-05-04T19:52:00.000-07:00

Excerpt from WebMD.com:

By Heather Hatfield
WebMD Feature

Reviewed by Laura J. Martin, MD

The Phoebe Prince bullying case in South Hadley, Mass., has put bullying in the national spotlight. After months of alleged bullying by classmates that reportedly included verbal assaults, online harassment, and social exclusion, Prince, a 15-year-old high school student, took her own life.

Although most cases aren't as extreme, bullying takes its toll on children across the U.S. every day. For every 100 kids in middle school, eight are bullied every day, seven are bullied every week, and 33 are bullied once in a while, according to the Substance Abuse and Mental Health Services Administration.

******

Building a Bully

Bullies seek power at someone else's expense. They harm that person over and over -- emotionally and/or physically -- to get it.

"It involves a more powerful person and a less powerful person, and is a form of aggression where one or more children repeatedly intimidate, harass, or harm a victim who cannot defend himself," says Robert Sege, MD, chief of ambulatory pediatrics at Boston Medical Center and a contributor to the American Academy of Pediatrics' updated policy on bullying.

Bullies are shaped, in part, by these factors:

Uncontrolled anger. "The No. 1 predictor of bullying behavior is anger, particularly in kids who have no way to manage it," says Dorothy Espelage, PhD, a professor and university scholar in the educational psychology department of the University of Illinois at Champaign. Angry kids, she says, are more likely to show bullying characteristics -- even if they have high self-esteem, and even toward their own siblings at home, which is often where bullying begins.
No consequences. If adults don't nip bullying behavior in the bud, it may worsen. "A lack of adult response early on in the bullying behavior emboldens bullies," says Peter Raffalli, MD, a child neurologist at Children's Hospital in Boston. "It fuels the bullies by basically saying to them that it's OK because the adults don't care, and aren't interjecting to put a stop to it."
Home life. Domestic violence, emotional and/or physical abuse, anger, and hostility at home -- directed at them or someone else -- can help build a bully.
Media and video games. Seeing bullying behavior in the media and video games can be a bad influence if it shows that behavior being rewarded.

Other factors include "low impulse control, a low frustration tolerance, a need to control or dominate, anger issues, an opposition toward authority, and aggressiveness, " Raffalli says.

For the full article, please click the following link: http://www.webmd.com/parenting/features/prevent-cyberbullying-and-school-bullying?src=RSS_PUBLIC

MA: Governor Signs Anti-bullying Legislation

2010-05-04T19:42:00.000-07:00

“Bullying is not a normal piece of childhood,’’ he said. “Emotional and physical abuse is more than, as they say, kids just being kids.’’

Excerpt from Boston.com:

Governor Deval Patrick signed an extensive antibullying law yesterday, as a family, still grieving an 11-year-old’s suicide, stood witness.

******

[Sirdeaner] Walker, a Springfield mother who has become a national advocate against bullying, said the law would be a legacy to her son, Carl Joseph Walker-Hoover, as well as to Prince, a South Hadley student who hanged herself in January after ceaseless abuse from classmates.

The law, which advocates call one of the toughest in the nation, prohibits physical, emotional, and online taunting and mandates training for faculty and students. It requires school staff to notify parents about incidents and harassment under the umbrella of bullying behavior.

*******

Patrick, surrounded by 30 third-graders from East Brookfield Elementary School, sounded a theme echoed by several officials who spoke about the new law: While new protections and reporting requirements are important in elevating the issue and giving tools to schools and families, he said, they alone will not solve the problem.

“Bullying is not a normal piece of childhood,’’ he said. “Emotional and physical abuse is more than, as they say, kids just being kids.’’

*******

Walker praised the new law and said she is also working to pass federal legislation that would, among other things, focus on added protections and tracking for groups most often targeted, including gay and disabled students.

“This is not about criminalizing bullying, but about preventing bullying through education,’’ said Walker, who hugged and caressed her 7-year-old son, Charles, and 5-year-old daughter, Gloria, as they fidgeted through the 35-minute ceremony.

For the full story, please click the following link: http://www.boston.com/news/local/massachusetts/articles/2010/05/04/grieving_family_by_his_side_governor_signs_legislation/

MD: Teacher's aide faces another abuse allegation

2010-05-04T19:29:00.000-07:00

Excerpt from WTOP.com:

May 4, 2010

By Darci Marchese, wtop.com

OXON HILL, Md. - An Oxon Hill Middle School teacher's aide accused of assaulting a disabled child is facing another allegation of abuse.

Last month, the family of a mentally disabled 14-year-old boy said James Davis physically assaulted their son.

Now, attorney Bobby Henry says Davis also grabbed the arm of a girl with cerebral palsy in March.

The girl - who is also developmentally challenged - told Davis she needed to use the bathroom. After Davis told her she couldn't go, the girl approached a female teacher's aide, who gave her permission to leave.

When the girl tried to leave the classroom, Henry says Davis grabbed the girl's arm and, after an altercation, threw her to the floor.

Davis is the son of Oxon Hill Middle School Principal Sharif Salim.

Henry says Salim did not follow proper protocol in reporting the incident with the girl, as well as the alleged assault of the 14-year-old boy.

Henry wants a full investigation by the school board, as well as the state superintendent's office "to look into the treatment and the abuse of the young people who are attending Oxon Hill Middle School."

********

Davis is no longer working in the classroom. Salim has been placed on "personnel leave."

For more on this story, please click the following link: http://www.wtop.com/?nid=25&sid=1949511

VIDEO: America's Forgotten Children

2010-04-13T14:43:00.000-07:00

This heart-wrenching video by Anna Moore and Nelson Rivera is a must see for anyone interested in learning more about the physical and emotional abuse our children have suffered in schools.

Children have been seriously injured - some have even died during restraints performed by school personnel, their deaths ruled by coroners as homicides - yet all-too-often no charges are filed nor is any disciplinary action taken against those who have caused those injuries or deaths.

In too many cases, schools willfully, knowingly, and deliberately cover up the abuse, even going so far as to manufacture evidence against the child or family. Then they assign blame to the child and/or family for the abuse. "If only he/she hadn't said/done that we wouldn't have needed to restraint him/her." Even if the child's behaviors/actions weren't violent or could be considered dangerous to themselves or others.

Some states also have laws which grant immunity to educators who harm children in schools - so they cannot be prosecuted.

State police departments and offices of protective services have turned families away who seek help - because the allegations involve a school or school personnel.

Why are schools and school personnel (legally) held to a different standard? This must stop!

Please watch the video, and if you are so inclined, forward the video to as many as you can.

Please also consider contacting your state lawmakers and ask for more protections for disabled children. Ask that those who intentionally harm children in our schools be held criminally accountable for assault, battery, or homicide where appropriate. Ask that those who work with disabled children be fully trained to recognize how "behaviors" can be part and parcel to the child's disability - that those "behaviors" are how those children communicate. Ask for training in other, safer, scientifically-based methods (such as PBIS) which could be used instead of aversives to "deal with" problem behaviors.

Thanks for your attention to this very serious matter!

Announcement: Dr. Phil Show on School Abuse/Arrests 4/15/10

2010-04-13T14:00:00.000-07:00

From Dr. Phi:

Fighting for Your Child

Parents: What should you do when you feel your child’s rights are being violated? Twelve-year-old Alexa made headlines when she was arrested for doodling on her desk at school. Her mother, Moraima, says she feels outraged and helpless by the incident. Areva Martin, attorney and author of The Everyday Advocate, weighs in. Then, dramatic surveillance video captures a mute, autistic 14-year-old boy being dragged out of a classroom and placed in a dark room. Hear how his father, Vikas, claims his son was being abused. And, a technique known as prone restraint is being used in schools across the country to subdue out-of-control students. Is this method discipline or abuse? Dr. Phil examines the story of an eighth grader who died after he was physically restrained by a teacher.

OR: Volunteer, 19, arrested/Charged with sexual abuse of middle-schooler

2010-04-13T13:50:00.000-07:00

Excerpt from Statesman Journal.com:

http://www.statesmanjournal.com/article/20100413/NEWS/4130330/1001

Man made advances at orchestra event, document says

BY STACEY BARCHENGER AND ALAN GUSTAFSON • STATESMAN JOURNAL • APRIL 13, 2010

A Salem-Keizer school volunteer has been arrested on accusations of sexually abusing a 13-year-old middle school student at a music competition.

Salem police arrested Darian Seth Laughlin, 19, of Salem on Friday on a charge of first-degree sexual abuse, said Salem police spokesman Lt. Dave Okada.

The suspect allegedly rubbed the girl's knee and upper thigh several times while they sat together at the Thursday event at South Salem High School, according to jail documents released Monday.

*********

The girl told police that she pushed Laughlin's hand away to stop his sexual advances, according to a probable-cause statement written by Salem Police Detective Jeff Staples. The document was released Monday after Laughlin made his first court appearance.

In an interview with Staples, Laughlin acknowledged that he knew that the girl was 13, and he reportedly said that he would have had sexual intercourse with her if she would have let him, Staples wrote.

Laughlin also talked to the alleged victim and her friend, also 13, about "having a threesome" at his apartment, according to the detective's report.

Please follow the link for the full story: http://www.statesmanjournal.com/article/20100413/NEWS/4130330/1001

Disability Scoop: Down Syndrome Takes Center Stage on Glee

2010-04-13T13:45:00.000-07:00

Excerpt from Disability Scoop.com: An interview with Lauren Potter

http://www.disabilityscoop.com/2010/04/12/lauren-potter-glee/7618/

By Michelle Diament

APRIL 12, 2010

The hit show “Glee” returns Tuesday for a nine-episode run on Fox this spring and so too does the show’s inclusion of characters with disabilities.

Last fall, actress Lauren Potter, 19, who has Down syndrome, debuted on the show as Becky Jackson, the school’s newest cheerleader, or Cheerio. Now, Potter is back for two more episodes — “The Power of Madonna,” airing April 20, and “Home,” airing April 27.

The experience mirrors real life for Potter in many ways. The bubbly teen tried out to be a cheerleader at her Riverside, Calif. high school, but didn’t make the squad. Then, after graduating last year, Potter beat out 13 other girls for the role on Glee. Nowadays, Potter splits her time between acting and attending a life skills program.

In a candid conversation with Disability Scoop, Potter (pictured at left with castmate Jane Lynch) chats about life on set and what’s next for Becky.

To read the interview, please click the following link: http://www.disabilityscoop.com/2010/04/12/lauren-potter-glee/7618/

DE: Pediatrician Indicted in Child Sex Abuse Scandal

2010-02-22T17:42:00.001-08:00

Excerpt from The Associated Press:

http://tinyurl.com/ygdmjwe

By RANDALL CHASE, Associated Press Writer – 1 hr 7 mins ago

DOVER, Del. – A Delaware grand jury returned a sweeping indictment Monday against a pediatrician accused of serial molestation in what could be one of the worst child sex abuse cases in the nation's history.

The 160-page indictment returned by a Sussex County grand jurycharges Dr. Earl Bradley of Lewes with 471 counts of sexual crimes against 103 children.

Attorney General Beau Biden said all of the alleged victims, including one boy, were caught on more than 13 hours of video recordings, some dating to 1998, that were seized from Bradley's office and home.

*********

The charges against Bradley include rape, sexual exploitation of a child, unlawful sexual contact, continual sexual abuse of a child, assault and reckless endangering.

Bradley, who was arrested in December and initially charged with 29 felony counts for allegedly abusing nine children, is being held with bail set at $2.9 million. His medical license was permanently revoked by the state Board of Medical Practice last week.

**********

Authorities would not say whether they think Bradley had videotaped all of his alleged assaults or whether there may be more victims.

Please read the complete article for more information: http://tinyurl.com/ygdmjwe

Announcement: Justice4Children Internet Radio Show 12/19/09!

2010-02-19T15:04:00.000-08:00

Forwarded message from Theresa Edwards:

RADIO SHOW

JUSTICE4CHILDREN INTERNATIONAL RADIO SHOW

 
PLEASE JOIN ME, THERESA EDWARDS ON FRIDAY 19 FEBRUARY 2010 AT 8 PM - 10 PM EST 

THE TOLL FREE PHONE NUMBER IS 1-646-716-8675

www.blogtalkradio.com/wakeupcallshow
 
OUR TOPICS TONIGHT
 
WHAT'S IN A WORD
WHAT'S IN A DEED
WHAT'S IN THE NEWS
 
Let's talk and Come Together.

Our Children Need Our Help and Co-operation.  
 
If you have any announcements that you would like to have put out on the air please submit them to me at hedwards08@comcast.com

PA: Philly TSA Agents Force 4 yr old Disabled Child through Metal Detectors without his Leg Braces or Parental Support

2010-02-16T23:35:00.001-08:00

Excerpt from Philly.com:

By Daniel Rubin

Inquirer Columnist

February 15, 2010

http://www.philly.com/philly/news/local/84368492.html?84374627=Y&submit=Vote&oid=1&mr=1&cid=8500281&pid=84374627

Did you hear about the Camden cop whose disabled son wasn't allowed to pass through airport security unless he took off his leg braces?

Unfortunately, it's no joke. This happened to Bob Thomas, a 53-year-old officer in Camden's emergency crime suppression team, who was flying to Orlando in March with his wife, Leona, and their son, Ryan.

Ryan was taking his first flight, to Walt Disney World, for his fourth birthday.

The boy is developmentally delayed, one of the effects of being born 16 weeks prematurely. His ankles are malformed and his legs have low muscle tone. In March he was just starting to walk.

Mid-morning on March 19, his parents wheeled his stroller to the TSA security point, a couple of hours before their Southwest Airlines flight was to depart.

The boy's father broke down the stroller and put it on the conveyor belt as Leona Thomas walked Ryan through the metal detector.

The alarm went off.

The screener told them to take off the boy's braces.

The Thomases were dumbfounded. "I told them he can't walk without them on his own," Bob Thomas said.

"He said, 'He'll need to take them off.' "

Ryan's mother offered to walk him through the detector after they removed the braces, which are custom-made of metal and hardened plastic.

No, the screener replied. The boy had to walk on his own.

Leona Thomas said she was calm. Bob Thomas said he was starting to burn.

They complied, and Leona went first, followed by Ryan, followed by Bob, so the boy wouldn't be hurt if he fell. Ryan made it through.

By then, Bob Thomas was furious. He demanded to see a supervisor. The supervisor asked what was wrong.

"I told him, 'This is overkill. He's 4 years old. I don't think he's a terrorist.' "

The supervisor replied, "You know why we're doing this," Thomas said.

Thomas said he told the supervisor he was going to file a report, and at that point the man turned and walked away.

Announcement: Oregon - North West PBIS Conference March 8-9 2010 at Oregon State University

2010-02-16T22:07:00.000-08:00

By Jennifer Searcy

Founder/Director of Public Policy & Affairs

The Coalition for Positive Behavioral Interventions & Supports

http://tcfpbis.blogspot.com

February 16, 2010

Corvallis, OR -- The North West Conference for Positive Behavioral Interventions and Supports will be held on March 8-9, 2010 at Oregon State University. Dr. Rob Horner, a professor of special education at Oregon State and Director of Educational Community Supports (ECS), will be the Key-Note Speaker.

Other presenters include: Dr. Carl Sumi, Dr. Cindy Anderson, Dr. Brigid Flannery, Dr. Dale Myers, Dr. Chris Borgmeier, Dr. Teri Lewis, Dr. Tary Tobin, Dr. Tim Andrews, Gerry Morgan, Rob Bressi, Dr. Bruce Stiller, Anne Todd, and Cory Dunn.

Sessions will include PBIS Basics, School-Wide PBIS, Intensive School-wide PBIS, PBIS with Families, Classroom Interventions, and many others.

One-quarter academic is available through the Graduate School of Education at Portland State University for those who attend both conference days and complete an assignment. Tuition for the credit is set at $75, and is in addition to the conference registration fee. Please contact Leah Hershey at (503) 725-8102 or email hersheyl@pdx.edu for more information on earning credit.

To register for the conference, please click the following link: http://oregonstate.edu/conferences/nwpbis/register.html

For more information, please contact OSU Conferences at (800) 678-6311 or email conferences@oregonstate.edu.

WA: White River Special Education Team to Attend PBIS Conference

2010-02-16T21:37:00.000-08:00

By Jennifer Searcy

Founder/Director of Public Policy & Affairs

The Coalition for Positive Behavioral Interventions & Supports

February 16, 2010

The White River School Board has given the district's special education team permission to attend a conference on Positive Behavioral Interventions & Supports (PBIS).

The conference is set for March 8-9, 2010 at Oregon State University, which is located in Corvallis, Oregon.

For more information about the conference, please contact OSU Conference Services at (800) 678-6311 or conferences@oregonstate.edu.

AL: Teacher Accused of Spanking Despite School Procedures

2010-02-16T20:41:00.000-08:00

By Jennifer Searcy

Founder/Director of Public Policy & Affairs

February 16, 2010

A teacher stands accused of spanking a child, despite "no spanking" documentation on file for the child.

Shonna Beckwith, a physical education teacher at Weedon Elementary School in Florence, Alabama, allegedly spanked a child against the school's procedure on corporal punishment earlier in the month.

The city's school board is expected to render a decision in the case today, during their regularly scheduled meeting.

No further details are available at this time.

Source: TimesDaily.com

NC: Wake Co Police Investigating Sexual Abuse Allegations involving Coach

2010-02-15T14:35:00.000-08:00

Excerpt from WTVD:

February 15, 2010

http://abclocal.go.com/wtvd/story?section=news/local&id=7277788

FUQUAY-VARINA (WTVD) -- Officials with Wake County Public Schools confirm that Fuquay-Varina High School women's coach Mardy Cutchin has been suspended with pay while they investigate sexual misconduct allegations.

Cutchin is accused of having sexual relations with a player.

The Fuquay-Varina Police Department is also investigating. No charges have been filed.

Police Captain Bob Adams told ABC11 that WCPSS contacted police and reported that someone came forward with the allegations. Adams says the person who reported the information was not the alleged victim and so far police have not spoken with her.

"We plan to do that today," Adams said. "This was reported to us late Thursday. We started investigating Friday. In dealing with students and faculty and everyone out for the weekend, we are back on the case today."

Cutchin also teaches at Fuquay-Varina Middle School. He has been told he's not allowed on Wake County Public Schools property pending the outcome of the investigation.

Right now he's suspended with pay from both teaching and coaching while the investigation continues.

For more details on the story, please click the following link: http://abclocal.go.com/wtvd/story?section=news/local&id=7277788

NY: Elmira Psychiatric Center Tops Children's Psychiatric Restraint List

2010-02-15T13:20:00.000-08:00

February 15, 2010

By Jennifer Searcy

Founder/Director of Public Policy & Affairs

The Coalition for Positive Behavioral Interventions & Supports

http://tcfpbis.blogspot.com

James T. Mulder of the Post-Standard reported today the restraint and seclusion rates for New York's children's psychiatric treatment centers. Elmira Psychiatric Center tops the list as having the most restraints in psychiatric hospitals in the state.

"Triggers" of restraint were reported as "children fighting over a toy" or "a child attacking another patient or staff member" - and that restraints were used as a "last resort."

The rates, based upon the rate of patient hours in restraint per 1,000 inpatient hours (i.e. a rate of .33 would equal approximately 4 1/2 hours), were obtained from the New York Office for Mental Health.

The list is as follows:

Elmira Psychiatric Center, .35
Hutchings Psychiatric Center, .33
St. Lawrence Psychiatric Center, .33
Greater Binghamton Health Center, .32
Mohawk Valley Psychiatric Center, .29
Rockland Children’s Psychiatric Center, .20
Brooklyn Children’s Psychiatric Center, .18
Rochester Psychiatric Center, .17
Western New York Children’s Psychiatric Center, .16
Bronx Children’s Psychiatric Center, .13
Sagamore Children’s Psychiatric Center, .09
South Beach Psychiatric Center, .03
Queens Children’s Psychiatric Center, .02

To read the full article, please click the following link: http://www.syracuse.com/news/index.ssf/2010/02/hutchings_restrains_young_pati.html

ACTION ALERT: Missouri HB 1543

2010-02-15T11:19:00.000-08:00

Forwarded message from Ange Hemmer of MO Families against Seclusion & Restraint:

**Note: This [bill] effects ALL students, but disproportianatley effects children with disabilitites. Legislators state that the intent of the of the bill is to protect teachers, but the law (even if unintentionally) would leave students at serious risk.**

Missouri HB 1543, a proposed state omnibus bill dealing in part to improve school safety, is continuing the use of corporal punishment in schools and adding the vague language “use of force to protect persons or property”. This bill is far from the minimal standards set forth by proposed federal legislation HR 4247 and SB 2860.

HB 1543 (state): http://www.house.mo.gov/content.aspx?info=/bills101/bills/hb1543.htm
HR 4247 (federal): http://edlabor.house.gov/documents/111/pdf/markup/FC/HR4247-PreventingHarmfulRestraintandSeclusioninSchoolsAct/MILLCA_171_xml.pdf

The proposed language in Missouri HB 1543 does not protect teachers or students in several ways:

Does not define “use of force,” “to protect persons or property,” “reasonable,” or “certificated personnel”
Does not require notification to parents if schools apply “use of force” or “spanking”
Does allow any school personnel to apply “use of force” but only allows “certificated personnel” to apply “spanking” (certificated in what?)
Does not require any follow up (such as a visit to school nurse) to ensure applying “use of force” or “spanking” was in fact “reasonable” nor any methods as to avoid future applying of “use of force” or “spanking”
Does not ban proven deadly “use of force” (restraints) such as those that restrict breathing (e.g., prone restraint)
Does not ban “spanking”. There was an amendment to ban spanking of special education students, but this has been withdrawn as of 2/10/2010
Does not allow Children's services to conduct an investigation if abuse allegations are due to “spanking” or “use of force to protect persons or property”. (To understand more about the convoluted investigation process, go herehttp://dss.mo.gov/cd/pdf/guidelines_can_reports.pdf.)

Who determines what is “reasonable”?

We would like to believe that school districts and school personnel can determine, with good judgment, what constitutes what is “reasonable”, but even stories over the past month show this not to be the case (see below). Not all schools or teachers are bad and many, if not most, have good judgment and intent; however, this bill does not protect those students who are attending schools or who have teachers that are using poor judgment and are abusing corporal punishment and/or use of force nor does it protect students or personnel when personnel hasn’t had access to adequate training and support.

Feb. 2, 2010: Queens girl Alexa Gonzalez hauled out of school in handcuffs after getting caught doodling on desk:http://www.nydailynews.com/ny_local/education/2010/02/05/2010-02-05_cuffed_for_doodling_on_a_desk.html
Feb. 4, 2010: Two-inch LEGO gun gets 4th-grader in trouble: http://today.msnbc.msn.com/id/35234742/ns/today-today_people/
Feb. 8, 2010: Mom upset with corporal punishment at son’s New Mexico school (note pictures): http://bit.ly/dsuFWH
Current and ongoing: Missouri mom’s testimony regarding extensive use of force on 6 year old with disability:http://nomoseclusion.blogspot.com/2010/01/young-boys-story.html

Corporal punishment/use of force

According to The Center for Effective Discipline, Missouri is one of only 20 states that still allows corporal punishment (in Missouri’s case “spanking” is allowed) in schools: http://www.stophitting.com/index.php?page=statesbanning

Corporal punishment and “use of force” is used much more often on poor children, minorities, children with disabilities, and boys: http://www.aclu.org/human-rights/impairing-education-html#toc19
Schools are the only institutions in America in which striking another person is legally sanctioned. It is not allowed in prisons, in the military or in mental hospitals. Schools are also the only place where use of restraint and seclusion remains mostly unregulated: http://www.gao.gov/new.items/d09719t.pdf

Missouri model policy in progress

Experts in the state of Missouri (designated as such by DESE in agreement with Missouri statute) agree that the use of force such as restraint and seclusion should only be used in cases of imminent harm and that certain forms of restraint should not be used (e.g., prone restraint). Local, state, and national experts in the fields of education and behavior management agree that focus should be on de-escalation and positive methods of preventing behavior.

Current statute in Missouri: http://nomoseclusion.blogspot.com/2009/11/current-statutes-in-missouri.html
Official minutes of DESE meeting regarding restraint (use of force) and seclusion: http://docs.google.com/Doc?docid=0AcxWbMnTyx1iZGc1ZDh2ZGdfNWh0bXo5emY5&hl=en
Crisis Prevention Institute, Inc. Presents to Missouri Department of Education: http://www.crisisprevention.com/whatsnew/(3^rd article down)

Federal legislation in progress

The federal government is currently working on legislation to avoid the misuse and abuse of seclusion and restraint (a type of “use of force”) in part because states and local school districts shave failed to do so. The federal bills in progress (HR 4247 and SB 2860) are consistent with the Children’s Health Act of 2000 and federal protections already in place in other settings.

Take action: protect the teachers and the students

Call your state representatives and senators and tell them that the provision regarding “spanking” and “use of force” in HB 1543 does not protect teachers, students, or school districts. At a minimum, Missouri should:

Ban deadly “use of force” (i.e., restraints) such as those that restrict breathing (e.g., prone restraint)
Define what is “reasonable”, for example in other areas as of HB 1543 “acts of violence” is used and in federal bill “imminent harm” is used
Ban corporal punishment
Require parent permission/notification when “use of force” or “spanking” (if left in bill) is applied
Require minimal training in positive interventions, de-escalation, and safe methods of “use of force”

Call your federal representatives and tell them to support HR 4247 and SB 2860. We need a minimal federal baseline to keep students and school staff safe. It is clear that even with current information, states such as Missouri are missing the point!

Government Contacts

Missouri House Elementary and Secondary Education Committee (state): http://house.mo.gov/content.aspx?info=/bills101/commit/com455.htm
Missouri Joint Committee on Education (state): http://www.senate.mo.gov/jced/index.htm
Missouri Senate Education Committee (state): http://www.senate.mo.gov/10info/comm/educ.htm
Missouri Governor Jay Nixon (state): http://governor.mo.gov/contact/
Missouri congressional members (federal): http://nomoseclusion.blogspot.com/2009/12/how-to-contact-congress.html

Ange Hemmer
Missouri: Families Against Seclusion and Restraint

TCFPBIS - Who We Are and What We Do

2010-02-12T23:00:00.000-08:00

Founded in September 2008, The Coalition for Positive Behavioral Interventions & Supports works tirelessly to support and promote the need for more protective legislation regarding school abuse and the misuse of restraints and seclusions and to assist those directly impacted by such abusive "interventions."

We have created this blog to share with you news articles, editorials, information, opinions, commentary, and research about the need for and benefits of positive behavioral interventions and supports.

We will also be sharing news articles, editorials, information, opinions and commentary about restraints, seclusions, and other abusive practices in public, private, and residential schools, group homes, hospitals, psychiatric treatment centers, and other locations as we become aware of them.

Thank you for visiting. We hope you find the information we share helpful. If you have any questions or concerns, or would like to share a personal story, please email tcfpbis@gmail.com.

Jennifer Searcy
Founder/Director of Public Policy and Affairs
The Coalition for Positive Behavioral Interventions & Supports

Announcement: Join Us on Twitter & Facebook

2010-02-12T21:58:00.000-08:00

We have just created Facebook and Twitter accounts.

Facebook: http://www.facebook.com/pages/The-Coalition-for-Positive-Behavioral-Interventions-Supports/298521330913?v=wall

FL: 6 yr old Arrested & Committed to Mental Hospital after Temper Tantrums in School

2010-02-12T20:22:00.001-08:00

From wpbf.com:

February 10, 2010

http://www.wpbf.com/news/22526263/detail.html

PORT ST. LUCIE, Fla. -- A Port St. Lucie first-grade student was handcuffed and committed to a mental health facility because of her classroom behavior, and her parents are furious that the school took such extreme measures.

Mickey Shalansky explained Wednesday what he said happened to his 6-year-old daughter at Parkway Elementary.

"She couldn't put her in two handcuffs because her wrists are that small, so she put them both in the same handcuff and left marks on my daughter's arms," Shalansky told WPBF 25 News' Bob Kaple.

*******

Deputies said his daughter, Haley, got upset and stormed out her classroom when her teacher asked her to do something. The report said it then escalated into a temper tantrum in the principal's office.

According to the incident report, a deputy said Haley was out of control. It said she "kicked the wall, went over to the desk and threw the calculator, electric pencil sharpener, telephone, container of writing utensils and other objects across the desk."

She was then handcuffed.

*******

Even worse is what happened the next day, Haley's parents said.

A deputy was called to the school again after Haley had another tantrum in the classroom and principal's office.

The sheriff's report said she was yelling, throwing things and hit the principal, who is eight months pregnant. This time, she wasn't handcuffed. She was committed to a mental facility.

********

Haley's parents said their daughter has a temper problem, but has no history of mental illness. Her mother said the school should have called her so she could pick up her daughter rather than have her committed.

Announcement: Justice4Children Internet Radio Show 2/12/10

2010-02-12T14:56:00.000-08:00

Forwarded Message from Theresa Edwards:

JUSTICE4CHILDREN INTERNATIONAL RADIO SHOW

PLEASE JOIN ME, THERESA EDWARDS ON

FRIDAY 12 FEBRUARY 2010 AT 8 PM - 10 PM EST

THE TOLL FREE PHONE NUMBER IS

1-646-716-8675

www.blogtalkradio.com/wakeupcallshow

OUR TOPICS TONIGHT

WHAT TO DO AND WHERE TO GO?

LEARN WHERE TO LIVE TO BECOME A "CERTIFIED SPANKER"

HOW TO GET CHARGED WITH THE CRIME OF TRUANCY AND BE DENIED A LAWYER.

Let's talk and Come Together.

Our Children Need Our Help and Co-operation.

If you have any announcements that you would like to have put out on the air please submit them to me at hedwards08@comcast.net

PA: 10.5 Million Settlement in Omega Leach Strangulation Death at Chad Youth Enhancement Center

2010-02-12T11:47:00.001-08:00

NOTE: The Chad Youth Enhancement Center is now known as Oak Plains Academy.

Excerpt from Philly.com

February 12, 2010

By Troy Graham

Inquirer Staff Writer

http://www.philly.com/philly/news/homepage/20100212_Family_of_boy_strangled_at_Tenn__center_settles_suit_for__10_5_million.html

The family of a Philadelphia teenager who was strangled after being placed in a restraint hold at a Tennessee treatment center has settled a federal lawsuit against the facility for $10.5 million.

The family of Omega "Manny" Leach, 17, agreed to drop claims against the city and its Department of Human Services, which sent the troubled teen to the Chad Youth Enhancement Center despite warnings that it was dangerous.

A key piece of evidence, said family attorney Thomas R. Kline, was a photograph from a surveillance camera showing a Chad mental-health technician with both hands around Leach's neck as he pinned him to the floor.

Tennessee authorities ruled Leach's death a homicide, but the mental-health worker, Randall Rae, has not been charged with a crime.

Rae no longer works at Chad, and Philadelphia stopped sending emotionally troubled children there shortly after Leach's 2007 death.

*****

Chad, now the Oak Plains Academy, has been owned by Universal Health Services Inc., a for-profit company based in King of Prussia, since 2005. Leach's family agreed to drop the suit against UHS.

Daniel Sherry, an attorney for Chad and UHS, said the settlement, which was completed last Friday, did not include an admission of wrongdoing.

Related Stories:

TN Handle With Care

TN: Medical Examiner says death of Chad teen was homicide

PA: Lawsuit Filed in YMCA Alum Abuse Case

2010-02-11T17:42:00.001-08:00

NOTE: For more information on this story, please see this related article, from last year:

PA: Parents hire attorney to investigate alleged child abuse at daycare center

Excerpt from HeraldStandard.com:

February 10, 2010

By Patti Yauger

http://www.heraldstandard.com/news_detail/article/1631/2010/february/10/bparents-file-suit-over-alleged-child-abuse-by-patty-yauger-b.html

SOUTH CONNELLSVILLE - Several area parents have filed a civil lawsuit against five YMCA Child Development Center workers who allegedly gave pickling salt to their children as a form of discipline.

Through their legal counsel - attorneys Alan Perer and Brian W. DelVecchio of the Pittsburgh law firm of Swensen Perer & Kontos - parents Brian and Janean Ansell, Shannon Partridge, Jessica Harr, Rodney and Lori Humbertson, Amber Doppelheur, Ryan Timms and Hillary Hamborsky have requested that a jury hear the matter on behalf of their children.

Named as defendants in the lawsuit are five employees, including Stephanie Griffith, Kristen Homes, Ann Lancaster, Derek Hillen and Kerri Trich, along with their employer, the Regional Family YMCA of Laurel Highlands and the National Council of Young Men's Christian Associations of the United States of America.

According to the court document, day-care center assistant group supervisor Rebecca DeWitt shared a conversation with Partridge that revealed Griffin had given a 6-year-old child alum as a means of discipline in January 2009.

Alum is a pickling salt that when ingested causes a burning sensation in the mouth or stomach, diarrhea, vomiting, loss of appetite, nausea and choking. According to the Centers for Disease Control and Prevention, it also is corrosive upon ingestion.

Alum may cause expressions of fear and behavioral changes in young children when exposed to the substance as adverse stimuli, the court document states.

When Partridge questioned her two children about any incidents involving the pickling salt, she was told that a white powder had been given to them and that "it hurt their mouth."

In the court document, Partridge said that her children had experienced unexplained stomach pain, vomiting and other ailments. One of the children had also experienced nightmares.

*******

The lawsuit charges each of the employees and the national and local YMCA with negligence, assault and battery, intentional infliction of emotional distress and negligent infliction of emotional distress.

DelVecchio said the lawsuit was filed after the YMCA failed to fully acknowledge the workers' abuse of the youngsters.

***********

Fayette County Court Judge Steve P. Leskinen has been assigned the case.

The defendants have 20 days to file a response.

OH: 3 Employees Acquitted in Restraint Death

2010-02-10T22:35:00.000-08:00

Excerpt from The Associated Press:

By MEGHAN BARR (AP) –

February 10, 2010

CLEVELAND — A jury on Tuesday acquitted three former employees of an Ohio treatment center for troubled teens of involuntary manslaughter in the death of a 17-year-old girl who suffocated and choked on her own vomit after being restrained facedown on the floor.

Cynthia King, Lazarita Menendez and Ebony Ray were also found not guilty of child endangering in the December 2008 death of Faith Finley. Menendez was also found not guilty of felonious assault and inciting to violence.

Menendez faced additional charges because she initiated the incident by taking Finley's CD player, which the disruptive 17-year-old used to calm herself, and shoved the girl's hand under her as she lay on the floor, prosecutors said.

The women, who pleaded not guilty, were fired from the Parmadale Family Services center after Finley's death. The Cuyahoga County coroner ruled Finley's death a homicide.

The type of restraint prosecutors say the women used was later banned by Gov. Ted Strickland at the recommendation of state agencies that said the technique carries a high risk of serious injury or death.

Ray, of Broadview Heights, and Menendez, of Bedford Heights, were accused of wrestling Finley to the ground on her chest and applying pressure to her back — a technique known as prone restraint — while King watched.

******

Center director Tom Mullen said Tuesday that the workers violated the center's personnel policies and will not be rehired.

A wrongful death lawsuit filed by Finley's family last year against Parmadale, Catholic Charities and the three workers was settled last month. The lawsuit had sought at least $50,000 in compensatory and punitive damages, but both parties were prohibited from discussing details of the agreement.

Slideshow: 9 Most Ridiculous Reasons Kids Have Been Arrested

2010-02-10T21:37:00.000-08:00

The Huffington Post is currently running a slideshow of story excerpts on the most ridiculous reasons why kids have been arrested.

Most of the stories involved arrests from schools, and include some stories we've previously covered here, such as the boy who was arrested for "passing gas," the twelve year old who was recently arrested for doodling on her desk with an erasable marker, and the 8 yr old girl with autism who was arrested after she was physically restrained and banned from attending her class Christmas party for refusing to take off her "cow" sweatshirt.

To view the slideshow in its entirety, please follow the link: http://tinyurl.com/yl84op6

CA: Lawsuit - Teacher Allegedly Hit 15 yr old with Clipboard

2010-02-10T17:15:00.000-08:00

From The Orange County Register:

Published: Feb. 5, 2010
Updated: Feb. 10, 2010 12:12 p.m.

BY ANNIE BURRIS

http://www.ocregister.com/news/school-232836-pontes-suit.html

HUNTINGTON BEACH -- A Huntington Beach teen is suing the city's high school district claiming that a teacher hit him in the face with a clipboard and then asked, "You want another shot?", according to court documents.

Cruz Pontes, now 16, filed a lawsuit Jan. 28 against the Huntington Beach Union High School District and teacher George Steven Higi alleging assault, battery, intentional infliction of emotional distress and negligence. Higi is a language arts teacher at Valley Vista High School, a continuation school.

The suit alleges that Pontes sustained bodily injury, shock, and injury to his nervous system. He needed X-rays, hospitalization and an ambulance, the suit says.

****

Pontes previously filed a claim against the district for $200,000, which school board members voted to deny Sept. 4.

The suit says Higi struck Pontes Sept. 5 while the student was at the Huntington Beach High School gymnasium for a field trip and was sitting on the bleachers.

Pontes responded by asking, "Do you know what you have done?" the suit says.

Higi replied: "You shouldn't have interrupted me. You want another shot?" the suit says.

*****

Pontes alleges that school administration "brushed off" the incident saying, "It's not our problem, go to your own school and handle it."

He says he was later labeled a "snitch" and assaulted by other students. Pontes was not allowed to return to regular school programs, the suit said.

For the full article, please follow the link: http://www.ocregister.com/news/school-232836-pontes-suit.html

FL: Say 'no' to mints in pill bottles

2010-02-10T17:00:00.000-08:00

Excerpt from The Tampa Tribune:

By JOSÉ PATIÑO GIRONA | The Tampa Tribune

Published: February 8, 2010

What two fourth-grade teachers at Westchase Elementary School apparently thought was a creative way to calm students about to take the FCAT made at least one caregiver fear the teachers were sending a different message – that taking drugs while under stress is OK.

Sandy Young walked into her grandson's fourth-grade classroom last Thursday and saw pill bottles on each students' desk. Her mind raced with questions and thoughts of disbelief.

Young said she immediately questioned Westchase Elementary fourth-grade teacher Beth Watson about the pill bottles, which were filled with pieces of small mint candy.

"She said it was nothing but some mints; it was just something special for the kids, for the FCAT to mellow them out," Young said.

**********

Young said the bottle reads in part: "Watson's Whiz Kid Pharmacy. Take 1 tablet by mouth EVERY 5 MINUTES to cure FCAT jitters. Repeated use may cause craft to spontaneously ooze from pores. No refills. Ms. (Deborah) Falcon's authorization required."

The school received one complaint since pill bottles were distributed on Thursday, said Linda Cobbe, a school district spokeswoman. It's believed only two fourth-grade teachers at the school distributed the pill bottles.

The principal met with the students on Monday to confirm the pill bottles contained mints that were safe to eat. The students were asked to dump the mints in a separate container and the pill bottles were thrown away, Cobbe said.

She said the bottle idea was tied to the children's book the students recently read, "George's Marvelous Medicine," about a boy who concocts potions to try to change the disposition of his cranky grandmother.

The teachers were just trying to use a creative way to get across to the students not to be stressed with the FCAT writing examination that will be administered to fourth-, eighth- and 10th-graders beginning today, Cobbe said.

"Elementary teachers do creative things to make learning fun," Cobbe said.

For the full article, please click the following link:

http://www2.tbo.com/content/2010/feb/08/westchase-teachers-learn-lesson-just-say-no-mints-/news-metro/

MO: HB 1543 - Corporal Punishment and the Use of Force

2010-02-08T14:16:00.000-08:00

February 8, 2010

By: Jennifer Searcy

Founder/Director of Public Policy & Affairs

HB 1543, a new bill on corporal punishment and the use of force, has been introduced into (and is quickly moving through) the Missouri House of Representatives.

Ange Hemmer, our colleague from Missouri Families Against Restraint and Seclusion, has written a blog post which explains her concerns with HB 1543. While we are analyzing this bill more fully, we wanted to share Ange's concerns with this bill with our readers - concerns which we also share. Here's an excerpt from her most recent post:

HB 1543, an omnibus bill dealing in part to improve school safety, is currently moving its way through the Missouri House of Representatives. It is my understanding that this bill, which looks a lot like HB 96 from last year, was discussed in the Education Committee last Wednesday.

Among the amendments adopted was one that bans corporal punishment of special education (IEP) students. This is great news for those who have been identified as special educated students, but is Missouri going to continue to fight to keep corporal punishment legal in Missouri schools?

Besides that issue, there is the continuing problem where school districts are left to conduct their own investigations if there are abuse allegations after spanking or use of force to protect persons or property. Children's services would not be allowed to conduct an investigation unless the school district finds itself liable for abuse.

As in last year's bill, "use of force" and "property destruction" are not defined, and since Missouri does not ban prone restraint (or other harmful methods of "force"), a child can legally be held face down for property destruction as minor as ripping up paper. In other words, what is happening currently to this child will continue to be LEGAL.

We detailed our concerns about HB 96 in this post from January 31, 2009: http://tcfpbis.blogspot.com/2009/01/action-alert-mo-house-bill-96-school.html

Please read the new bill and form your own opinions. And if you have any questions or concerns, please consider taking the following actions:

Consider emailing us at tcfpbis@gmail.com with HB 1543 in the subject line to discuss this further.

Contact the Missouri House Special Standing Committee on Children and Families :
http://house.mo.gov/content.aspx?info=/bills101/commit/com488.htm and Elementary and Secondary Education Committee: http://house.mo.gov/content.aspx?info=/bills101/commit/com455.htm

And the Missouri Senate Education Committee: http://www.senate.mo.gov/10info/comm/educ.htm and theJoint Committee on Education: http://www.senate.mo.gov/10info/comm/statutory/jced.htm

Opinion: Should a Child Be Arrested for Doodling on a Desk?

2010-02-06T10:17:00.000-08:00

February 6, 2010

By: Jennifer Searcy

Founder/Director of Public Policy & Affairs

The Coalition for Positive Behavioral Interventions & Supports

The Associated Press is running a story on how twelve-year-old Alexa Gonzalez was taken from her school, Junior High School 190 in Queens, NY, in handcuff's for doodling "Lexa was here 2/01/10" and "I love my friends Abby and Faith" on her desk in erasable marker.

That's right: She was taken away in handcuffs for doodling on a desk with an erasable marker. Not because she was excessively violent, or because she'd assaulted someone; not because she'd committed or threatened murder or was selling drugs on school property - but because she "vandalized a desk" with an erasable marker.

What are our school systems becoming?

Should a twelve-year-old have known better than to "doodle" on a desk? Most likely, yes. Should she have been punished for vandalizing school property? Again, most likely yes. But should she have been arrested? Absolutely not.

Wouldn't a more appropriate punishment have been requiring her to wash the marker off of the desk and/or given her after-school detention?

Eric Cantor, a NY Education Department spokesperson, agrees the school over-reacted: "[T]he incident shouldn't have happened, and that common sense should prevail."

What kind of message is this sending to our children, when relatively normal childhood behaviors are criminalized? Is this really where our "Zero Tolerance" policies have led us?

The AP also reported that the ACLU filed a lawsuit just last month which alleges that more than 20 instances of wrongful arrests and assaults by school safety officers occurred.

As for Alexa, she was released from the police station after several hours and was assigned 8 hours of community service, a book report, and an essay.

What are your thoughts on this?