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

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

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

PA: Drug Arrest at Facility Where Autistic Man Died

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: Residential Abuse and Neglect: The Death of Brian Nevins

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

VA: Autism Teacher Charged With Child Cruelty

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

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'

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

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

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

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.

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

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

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

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

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

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.

Slideshow: 9 Most Ridiculous Reasons Kids Have Been Arrested

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

AR: 11 year old Autistic boy, IQ of 68, charged with Felonious Assault January 10th, 2010

http://www.theautis mnews.com/ 2010/01/10/ 11-year-old- autistic- boy-iq-of- 68-charged- with-felonious- assault/

By the-newrepublic. blogspot. com

11 year old Zakhqurey Price, has struggled to cope at the Beard Elementary School in Fort Smith, Arkansas, after repeated attempts by his parents to ensure the delivery of the support recommended by the Ozark Guidance and Counseling Center, which included a full-time 1 on 1 aide, failed.

They cornered him and tried to take him down

On Oct 30th, Zakhqurey exhibited behaviors manifested by his Autism, which led to restraints. The police were called. In the process of attempting to restrain him, two staff members were injured and filed felony charges against the 11 year old child.

Taken away in handcuffs and booked

They cornered him and tried to take him down, he fought back. There were very minor injuries to principal and teacher. The fifth grader was taken away in handcuffs and booked with juvenile criminals. He has an IQ of 68

Zak is due in court this Monday morning and faces being detained for at least a month at a Mental Institute for assessment.

His parents have launched an the Zakh Appeal for help to pay for a specialist lawyer to represent them.

ACTION ALERT: Help Zakh!

Forwarded message from Ari Ne'eman of ASAN:

Hello,

In the past, we've written to you about advocacy issues relating to the rights of adults and youth on the autism spectrum. Our voices have made a difference on all manner of policy concerns and have sent a clear message that those who seek to deprive Autistic people of any age of their rights will have our community to answer to. Now we'd like to ask you to help us take action to help protect an 11-year old Autistic boy in Arkansas named Zakhqurey Price, currently being charged with felony assault after fighting back when two staff members restrained him in response to behavioral challenges. The school has ignored repeated efforts from Zakh's grandmother over the course of the last five months to obtain needed IEP supports to improve his educational options and manage his behavioral difficulties.

According to the suspension notice, the restraint was in response to Zakh destroying school property - something beyond the scope of what would be allowed under recently introduced federal civil rights legislation around restraint and seclusion in schools. Disability advocates, including ASAN, are fighting to pass this crucial legislation that would broaden the protections available to students like Zakh as well as those with other disabilities and with no disability at all. We have asked for your help in passing this important legislation, and together we can succeed in bringing proposed civil rights protections into law - but not in time to help Zakh. That is why we need you to take action now. Find out how below:

School Principal:

Pam Siebenmorgan (One of the charging parties in Zakh's felony hearing - polite but firm calls and e-mails encouraging her to drop the charges would be helpful)

Phone: 479-646-0834

E-mail: psiebenm@fortsmithschools.org

School Superintendent:

Dr. Benny Gooden (The Superintendent runs the entire school district - polite but firm calls and e-mails communicating how this situation is damaging Fort Smith Public Schools' reputation would be helpful as well)

E-mail: bgooden@fortsmithschools.org

School Board Office: 1-479-785-2501 Ext. 1201

We recommend that you both e-mail and call if you can. If necessary, e-mail is the preferable option. If you would like your e-mails to be passed along to Zakh's grandmother, please bcc: info@autisticadvocacy.org. Please stress the importance of Fort Smith Public Schools taking the following steps:

-Drop the charges against Zakhqurey Price

-Work with his grandmother to put in place an IEP that will fulfill Zakh's right for a Free and Appropriate Public Education in theLeast Restrictive Environment

-Improve training for school personnel to prevent future such incidents and to ensure that students on the autism spectrum as well as with other disabilities are included, supported and educated in Fort Smith Public Schools.

If Zakh is declared incompetent as part of the hearing scheduled for January 12th, state law requires that he be placed into a mental hospital for at least 30 days. Carole's grandmother fears that, due to the negative repercussions of being taken out of the community and being forced into an institutional setting, Zakh may lose skills in such an environment and not be returned to her indefinitely. That is why we need you to act now. Please distribute and repost this action alert. Thank you for your time and your advocacy, and as always, Nothing About Us, Without Us!

Regards,

Ari Ne'eman
President
The Autistic Self Advocacy Network
http://www.autisticadvocacy.org
info@autisticadvocacy.org
(202) 596-1056

MT: Human Rights' Bureau Confirms Discrimination

December 17, 2009

By Jennifer Searcy

Founder/Director of Public Policy & Affairs

The Coalition for Positive Behavioral Interventions & Supports

http://tcfpbis.blogspot.com

On December 16, 2009, MontanaNewStation.com reported that the Montana Department of Labor & Industry's Human Rights Commission has confirmed that discrimination did occur in North Middle School in Great Falls, after a 180 day investigation into the abuse allegations of a teen diagnosed with autism.

In a report sent to [the teen's mother Tifonie] Schilling, [who had filed the complaint with the bureau], the bureau investigator says there is reason to believe unlawful discrimination occurred, noting, "...unlikely the educational agents would've treated an able-bodied, verbal student in the same manner."

Although the school system had denied discrimination occurred, district superintendent Cheryl Crawley reportedly said the district had taken action right away and that it would continue to take action in cases of possible abuse.

Tifonie Schilling, however, was quoted as saying that the report was "a small win" and that she hoped the findings would push the district to hire someone to assess the district's program and to find and implement changes.

It's not a win in the sense that all this occurred in the first place. It's a very sad situation and heartbreaking for our family, but it's a win in that it's an outside agency that investigated all of this.

For More Information, please click the following link: http://www.montanasnewsstation.com/global/story.asp?s=11689703

MT: Attorney general won't investigate alleged school abuse

BY ERIC NEWHOUSE • TRIBUNE PROJECTS EDITOR • OCTOBER 23, 2009

http://www.greatfallstribune.com/article/20091023/NEWS01/910230318/1002/rss

Montana Attorney General Steve Bullock rejected a request Thursday to conduct an investigation into allegations of abuse in a special education classroom at North Middle School.

Two former teacher's aides already have been charged with felony assault on a minor and misdemeanor endangering the welfare of children after parents said the aides took an autistic 13-year-old to a sink and held the boy's head underwater for dozing off in class.

After reading media accounts of the alleged abuse, state Rep. Bill Wilson, D-Great Falls, wrote Bullock asking for an impartial investigation and saying that a school resource police officer investigating a potential felony in the school he is assigned to could be a conflict of interest.

"I think the best disinfectant is sunlight and quite frankly, it is sorely lacking here," Wilson wrote.

Bullock thought otherwise after discussing the matter with prosecutors and Great Falls Police Chief Corky Grove, said Justice Department spokesman Kevin O'Brien.

"He has been briefed on the situation and he will continue to remain in contact, but he believes this is a local matter," O'Brien said.

Wilson said Thursday that he understood the AG's position, but his job as a state legislator is to ask tough questions about situations that concern his constituents.

"I'm still uncomfortable with the initial internal investigation," Wilson said. "I'd rather see an outside detective immediately brought in when allegations are this serious.

"We also need to take a hard look at the screening processes and training for teacher's aides," Wilson said. "Obviously, not all people are well suited to work with special-needs students. The Legislature may be able to give some direction on these issues.

One of the aides charged in the case, Julie Ann Parish, made an initial court appearance in state district court Monday, where bond was set at $5,000. Another aide, Kristi Kallies, has been located in San Antonio, Texas, and arrangements are being made to have her return to face charges, Deputy Cascade County Attorney Kory Larsen said.

Prosecutors considered charging special education teacher Heidi Budeau, but found no evidence that she directly abused the boy. Several witnesses said she knew what was going on and did nothing to stop it, but Larsen said that was less a criminal matter than a professional competency matter for school officials to weigh.

Great Falls Public Schools Superintendent Cheryl Crawley said Budeau no longer works for the district.

The Bismarck, N.D., public school system confirmed that Budeau is now a special education teacher at Wachter Middle School in Bismarck. She did not respond to an e-mail seeking comment.

Tifonie Schilling, the mother of the alleged victim Garrett Schilling, now 14, said another special education aide told her that Garrett was abused in three specific ways in his special education classroom at North.

Sensory room is ideal for people with autism

Karen Meyer

http://abclocal.go.com/wls/story?section=news/disability_issues&id=7163565

December 10, 2009 (CHICAGO) (WLS) -- In the late 1970s, two Dutch Therapists developed a sensory tent filled with a variety of items that are used to stimulate people with autism. Last year, Seguin Services in Cicero created their own sensory room.

The Snoezelen room at Seguin Services is visually active and physically relaxing. The most amazing thing about this room is the cost: $75,000.

• A light show featuring bubble tubes that change colors.
• A vibro chair with relaxing music playing through it.
• Images on a floor mat with different activities that can be played by the participants.

"Our people usually spend 20 minutes in the room, 20 minutes at a time, and the ideal situation is with one person with a disability and one person guiding them through different activities," said Lori Oppiela, vice president of Seguin Works.

"People with autism, people with dementia, it allows them to interact with their environment, and it allows them to interact with their environment. And it's a lot of stimulations, whether it's through your senses, visual , tactile, auditory, it allows people to interactively control their environment."

This is not the only Snoezelen room in Illinois.

"We actually remodeled out room after a school out in the South Suburbs," said Oppiela, "and there's also an organization that is out in the Rockford area."

The Snoezelen room is named for Pat Parker's husband. Their son Dan is deaf and blind and has been part of Seguin Services for 12 years. The Snoezelen room has been a godsend.

"Because my son really relaxes here, you can even tell he doesn't speak. He communicates very clearly that this is the place that he likes to be," said Parker.

"I have had a lot of staff say that they would like to come in here and take a snooze in here, but haven't had anybody hiding out that I know of," said Oppiela.

The success of people who have spend time in a Snoezelen room has been positive.

For more information go to www.seguin.org

MA: Follow Up Email Exchange with the MA DLC re Allegations at South Shore

The following is an email exchange that occurred as a follow-up with Attorney Matthew Engel of the Disability Law Center (DLC) of Massachusetts regarding our concerns about the DLC's initial refusal to independently investigate witnesses' allegations of abuse against 6 nonverbal children with autism and other disabilities in a special education classroom.

We first emailed the Disability Law Center of MA, that state's Protection & Advocacy, on October 18, 2008, after reading an article published by Boston.com which relayed allegations of abuse by special education teacher Ann Gibbons against all 6 students in her class. Witnesses had claimed to have seen Ms. Gibbons punching a child in the head; bending the fingers of children as discipline; pushing a child who'd allegedly bit her finger; and telling students she was "bigger," "badder," and "stronger than you."

On October 25, 2008, we'd posted our disappointment with the response we'd received from Attorney Matthew Engel of the Disability Law Center - that despite credible evidence of repeated abuse, the Law Center would not investigate the allegations because the Department of Social Services (DSS; now the Department of Children and Families) had already investigated and found no credible evidence of abuse.

In the meantime, a parent whose child was in Ms. Gibbons' classroom contacted us and informed us of a possible conflict of interest between the Department of Social Services and the school.

Upon further investigation, we confirmed that a DSS funded program for "at risk youth," known as Pathways, was being run out of the very same school where the abuse allegations stemmed. Because this could be perceived (and we interpreted it) as a conflict of interest, we wanted the Disability Law Center to reconsider their refusal to get involved in this case and more closely examine the veracity of the claim that abuse allegations were unfounded and that witnesses' testimony was not credible.

We're happy to report that the DLC has expressed concern over how the DSS investigation was conducted and has decided to meet with the parents involved to discuss things further.

Below is the email exchange that helped lead to the Disability Law Center's decision:

11/23/08

Dear Mr. Engel:

Thank you for taking the time to look into the South Shore Collaborative Schoolallegations we previously referred to you. We appreciate your efforts and completely understand budget constraints and why you're not able to assist every family, but must admit to some disappointment that more couldn't have been done given the number of children involved and the supposed first-hand eyewitness accounts of the alleged abuse.

We know that the assistant clerk magistrate ruled against the parents and found the witnesses testimony not credible. This isn't surprising, because what person of sound mind really wants to believe someone would deliberately harm not only a child, but a child with disabilities who is even more defenseless? This is why allegations of these types are so hard to prove.

However, you'd mentioned that there did appear to be very credible evidence of abuse, but that the DSS was unwilling to revisit their findings. We may know why they were so adamant about changing their findings and wanted to share with you what we have learned.

Were you aware that Joseph "Jay" Madigan is both a Member of the Board of theSouth Shore Collaborative> School District and of a DSS-funded program called Pathways? Were you aware that the Pathways program is operated AT The South Shore Collaborative School?

The question is, legally and ethically how could the DSS objectively investigate a school that they've not only charged with operating a program on behalf of theDSS but one that DSS pays the school to run? If DSS did in fact find the abuse allegations "founded" what would be the repercussions of such a finding? WouldDSS's funding have been jeopardized? Would they be concerned about the public's perceptions of DSS and/or whether the reputation of DSS would be damaged because they funded and operated a program at a school where abuse had occurred?

We contend that DSS's involvement in this matter is a direct conflict of interest with the result that the South Shore Collaborative School district could very well be "investigating" or "policing" itself; a situation that not only taints the DSSinvestigation, making the resultant findings completely suspect, but is also counterproductive to the protection of other vulnerable children when such allegations at South Shore are raised.

This is why we were hoping to have an independent investigation by Protection and Advocacy.

Is there any way that the decision against a P&A investigation could be reconsidered? Or is there some other reason that would preclude investigations by both DSS and the P&A (such as funding stream constraints)? If so, do you have any further recommendations for these families as they pursue an appeal to the decision?

Thank you again for your attention to this matter. Any assistance or advice you could share would be greatly appreciated by not only our office, but the families involved as well. I look forward to your response.

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Response from Attorney Engel:

11/25/08

Dear Ms. Searcy:

[T]hank you for providing me with this additional information. While I am not sure that this changes the legal analysis, we continue to be concerned about what happened, as well as the actions or inactions of DSS. Do you know if the teacher is still teaching either at the Collaborative or anywhere else?

At this point, I am certainly willing to meet with interested parents to talk about the situation. I believe that most of them were previously represented by [redacted for privacy] so I would have to contact her initially. If you are aware of any parents who did not have legal representation, they can certainly contact me directly.

Matthew Engel

Senior Attorney

Disability Law Center

(413) 584-6337 - phone

(413) 584-2976 - fax

mengel@dlc-ma.org

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Our response:

11/26/08

Dear Attorney Engel:

Thank you so much! We, too, weren't sure if it changed the legal analysis, but it certainly does call into question why DSS was contacted to investigate when they knew there was a coflict (sp) of interest because of their Pathways Project for "children at risk" at South Shore. However, we appreciate any help you could offer to these families.

I have forwarded your email to the families involved and they have assured me they will be in touch with you soon. One set of parents I know for sure does not have legal representation currently, though they'd retained [redacted for privacy] to file their complaint with the Dept of Education previously. As for some of the others, I'm awaiting their responses.

To answer your question about whether Ann Gibbons is currently teaching, to the best of our knowledge she continues to teach at Chapman school in Weymouth. But we have not contacted the school to confirm this as of yet. If you find out before we do, could you let us know?

Please let me know how I can be of further help to you. As more information becomes available, I'll be sure to keep you informed.

Best regards,

Jennifer Searcy

Founder/Director of Public Policy and Affairs

The Coalition for Positive Behavioral Interventions and Supports

Special Report: Abuse at Anderson School aka Anderson School of Autism

Forwarded from the Abuse at Anderson School website: http://www.andersoncenterforautism.info/

The following document is a memorandum from Mark Keegan, the Director of Quality Assurance and Investigations of the CQC (Commission on Quality of Care NYS) to Jan Abelseth of OMRDD (Office of Mental Retardation and Developmental Disabilities) revealing the “STAGGERING” number of INDICATIONS (Substantiated or Proven) cases of child abuse at the Anderson School, now called the Anderson Center for Autism, occurring during the tenure of the current Director, Neil Pollack, who began his tenure at Anderson in January of 2001.

“Our indication rate of 23% of all Anderson School cases is nearly four times the overall indication rate for both OMH and OMRDD facilities and Anderson accounts for a staggering 73% of all indications for OMRDD certified facilities.”

Note: There are approximately 6,000 OMRDD certified facilities.

~ Please review the following document . It is extremely important to know the truth about the Anderson School. We continue to have serious concerns for the safety of the vulnerable disabled children entrusted to the care of this facility, until significant changes are made in the leadership there.

Contact Info: abuseatanderson@hotmail.com