Showing posts with label Congressional Investigation. Show all posts
Showing posts with label Congressional Investigation. Show all posts

Wednesday, February 3, 2010

Restraint & Seclusion Legislation/Hearing Feb 4, 2010


News ● U.S. House of Representatives


EDUCATION & LABOR COMMITTEE

Congressman George Miller, Chairman


ADVISORY FOR Thursday, February 4, 2010

Press Office, 202-226-0853


Advisory: House Education Committee to Consider Legislation to Protect Children From Abuse in Schools

WASHINGTON, D.C. – On Thursday, February 4th, the House Education and Labor Committee will consider legislation that will protect schoolchildren from harmful uses of restraint and seclusion in their classrooms.


A recent investigation by the U.S. Government Accountability Office found hundreds of allegations that children have been abused, and some even died, as a result of misuses of restraint and seclusion in public and private schools, often at the hands of untrained staff. Unlike in hospitals and other medical and community-based facilities that receive federal health funding, there are currently no federal laws addressing restraint and seclusion in schools.


The Preventing Harmful Restraint and Seclusion in Schools Act (H.R. 4247) is the first national effort to address this troubling problem and ensure the safety of everyone involved – both students and school staff. It would establish minimum safety standards in schools and increase transparency, oversight and enforcement to prevent future abuse, among other things. Learn more here: http://edlabor.house.gov/blog/2009/12/preventing-harmful-restraint-a.shtml.


WHAT: Full Committee Mark-Up of H.R. 4247 “The Preventing Harmful Restraint and Seclusion in Schools Act”


WHEN: Thursday, February 4, 2009

11:00 a.m. ET


WHERE: House Education and Labor Committee Hearing Room

2175 Rayburn House Office Building, Washington, D.C.


Note: This hearing will be webcast live from the Education and Labor Committee website. You can access the webcast when the hearing begins at 11:00 am Eastern here.

Wednesday, June 10, 2009

Action Alert: GAO Wants To Hear from Parents/Advocates/Teachers/Students Who Have Been Retaliated Against

Forwarded message from Advocate Anna Moore:

Fellow Education Advocates: I will keep this brief. What began as an investigation into the use of Restraint, Seclusion and Corporal Punishment in our public schools has just expanded into an investigation into Retaliation and Coercion. This was due to a flood of emails from parents (and teachers) from across the country describing retaliation.

Any individual, parent/teacher/student, who has experienced Retaliation or Coercion should immediately email their story to the individuals below [at the Government Accountability Office].

Every single email is being reviewed.

You must provide your name, address (including county and state), and phone number. Do not send attachments.

Send to: kutzg@gao.gov, higginsg@gao.gov, margaret.young@mail.house.gov

Saturday, May 23, 2009

PA: Is a license to teach also a license to kill?



From Examiner.com

By Robin Hansen, Special Education Examiner

http://www.examiner.com/x-4959-Special-Education-Examiner~y2009m5d23-Is-a-license-to-teach-also-a-license-to-kill

May 23, 12:28 AM

On Tuesday, May 19, the House Committee on Education and Labor held a hearing to examine abusive and deadly uses of seclusion and restraint in U.S. schools. Seclusion and restraint are physical interventions used by teachers and other school staff to prevent students from hurting themselves or others. 

Ms. Toni Price gave heart wenching testimony.  Her foster son Cedric was the victim of a sadistic special education teacher who deliberately refused to follow the Individual Education Plan.  When he was a young child, Cedric had been the victim of repeated starvation.   As a result, he would panic if food was with held from him.   Cedric's classroom teacher knew this fact, yet she would  deliberately withhold his lunch.  As a result Cedric's panic would escalate.  Cedric's behavior gave the teacher an excuse to restrain and sit on him.   She killed him.   She was never convicted of any crime.  Being "only" a foster mother, Toni Price was not allowed to press charges.  The teacher, who murdered Cedric is still out  there teaching children.

Here is Cedric's story in Toni Price's own words:

Thank you, Chairman Miller and the Committee, for holding this hearing today and inviting me to share my story with you. My name is Toni Price. I am a foster mother, and Cedric was my foster son.

By the time Cedric came to my home at the age of 12, he’d been through a lot in his short life. His parents neglected him and his siblings and abused them both physically and emotionally.  They were underfed and food was withheld from them. Cedric, the oldest, used to go rummaging for food for himself and his siblings.  He'd scavenge through trash cans. Cedric began stealing food, and was caught stealing from a grocery store. Never knowing when he'd have his next meal, food was something Cedric became very sensitive about.

At 9 years old, his parents lost parental rights to Cedric and his siblings. His aunt and grandmother had also lost their rights to guardianship. Cedric went to many foster homes but struggled. After a number of unsuccessful placements, Cedric was sent to a boot camp facility,north of Killeen. Unfortunately, at this boot camp, he experienced more abuse. He had a prominent scar on his face from being beaten with a shovel by a boot camp supervisor.

It was after that facility that he came to live with my family and me at the age of 12. Despite his experiences, Cedric came to me with a smile. He was very jovial, and truly loved to smile. He liked to bike, go bowling, and feed the ducks in a pond near our house. When he had extra energy, he loved to run to the end of our driveway and back. He got along well with the other children in the house, particularly my son, because he'd always wanted a big brother. They played a lot of basketball together. I remember at church Cedric wanted to be in a play, but there were no parts for him. He got this big smile on his face and said: “I know a part!” and went and stood on the stage. The director said “Okay, you can be an angel.”

I knew he was sensitive about food, so I said he could have anything in the kitchen, he just had to tell me. Cedric had behavioral problems, but they were never physical and he was never aggressive. We were able to find solutions to his misbehaving that worked. Once he stole a bag of chips from the kitchen. I made him pay me back. It was a consequence that worked. He didn’t like parting with his allowance, and learned his lesson about stealing. But it was a consequence that didn’t bring any of his previous abuse up to the surface. His therapist asked him once to describe a safe place. His answer was in a cave with solid rock walls, a steel door, and lots of food. Even though he was well fed at my home, food was a trigger for Cedric from the trauma of his childhood.

Cedric enrolled in a public middle school. He was placed in a class for students with behavioral problems. His first year in the school, in seventh grade, he had no problems. I didn’t get phone calls, and he did well in school.

His eighth grade year, with a different teacher, he had a number of problems. He did not get along with the teacher, and would always say to me “I don’t think this teacher likes me.” I’d reassure him that she did. I got frequent calls from his teacher that year about verbal aggression,though I never got calls about physical aggression. I would ask the teacher to put Cedric on the phone and say: “Cedric, you know you have to do your work.” He’d say: “yes ma’am.” Sometimes Cedric would get in trouble at school for stealing food. But what I learned later was that in his classroom he was being withheld food as punishment for acting out. The morning of his death, Cedric was put on what the teacher called a “delayed lunch” because he stopped working around 11am. This was, apparently, a common punishment for him.

At 1pm Cedric got in more trouble when, still not having lunch, he was caught trying to steal candy. After 2:30, he still hadn’t been allowed to eat his lunch, and got up to leave the classroom. After Cedric attempted to leave the classroom, he refused to sit back down in his chair so his teacher forced him into his chair and restrained him. She is roughly six feet tall and weighs over two hundred thirty pounds. Cedric was short- he was a little boy. Cedric struggled as he was being held in his chair, so the teacher put him in a face down, or in a prone restraint, and sat on him. He struggled and said repeatedly: “I can’t breathe.” “If you can speak, you can breathe,” she snapped at him. Shortly after that, he stopped speaking and he stopped struggling. He stopped moving at all. The teacher continued to restrain him. Finally the teacher and aide put Cedric back in his chair. The aide wiped drool off his mouth and they sat him up. But he slumped over and slipped out of his chair. Precious minutes passed by before a nurse was called.

I received a call at work that Cedric was not breathing and that an ambulance had been called. I rushed up to the school, not completely clear what was going on or what had happened. When I got to the school, my son was lying on the floor with a paramedic beside him. I knelt down and said: “Cedric, get up. You’re not going to be in any trouble.” But Cedric didn’t move, and instead, the paramedic stood me up. My son was dead. I didn’t know the school was practicing restraint techniques on Cedric. I didn’t know they were withholding food as a form of punishment. In fact, when I initially enrolled him at the school, I told administrators he’d been withheld food as a child and it was traumatic. When this teacher was having trouble with Cedric, I told her about my techniques with handling him at home. I tried to help her because Cedric was not a bad kid. He had come so far, and had such success in the seventh grade. I knew that he could be successful in the eighth. The school never held meetings with me to address any behavioral problems. Aside from calls from his teacher, I didn’t know the extent to which Cedric was getting in trouble and what they were doing to him.

After his death, nobody from the school came for calling hours. The superintendent and the principal of the school wrote a letter of condolence. Nobody offered any help because I was just a foster mother. Days later, the teacher called, and my husband answered the phone. But instead of a heartfelt apology, she explained that she was just doing her job. She showed no sympathy, no compassion, no guilt.This teacher took a child’s life. But she also caused a lot of damage to his classmates, many of who were victims of trauma already. Those kids who witnessed it already had behavioral problems. His classmates and their parents were forbidden to talk to me. But for many of the children, witnessing the abuse of Cedric was so traumatic for them that they spoke, and in turn, their parents spoke to me.

After I read the autopsy report, I was taken aback at how much a school can get away with. Cedric’s death was ruled a homicide. The school policy allows for “therapeutic floor holds” when a child is endangering himself or others. Here Cedric was not endangering himself or others. This floor hold should not have been done.

The teacher’s previous treatment was reviewed and no problems were found with her conduct. No legal action was taken against this teacher, and as a foster mother, I didn’t have the right to press charges. Eventually a judge found this teacher’s actions to be reckless, and Cedric’s death not an accident.But she never received a criminal record or any kind of sentence. She was placed on a Texas registry for being abusive to children. But that registry only applies to Texas, and I have been told that this teacher now teaches at a public high school in Northern Virginia. Her Virginia teaching license shows her credentials to be K-12 special education. If that teacher was just doing her job, then something is very wrong with the system.

If I’d treated Cedric that way at home, I’d be in jail. I want to make sure this doesn’t happen to anyone else’s child. It is awful the way Cedric died. He was a good kid. This should have never happened. The morning Cedric died, as he was boarding the bus, he turned around and got a beaming smile on his face, and said to me “You know I love you, ma.” He was a good kid.

For more info: edlabor.house.gov/hearings/2009/05/examining-the-abusive-and-dead.shtml.

Friday, May 22, 2009

Child Abuse at Schools and Institutions Linked to Improper Use of Restraints

May 20th, 2009
http://www.aboutlawsuits.com/child-abuse-at-schools-and-institutions-linked-to-restraint-3985/

A new report from the U.S. Government Accountability Office (GAO) describes hundreds disturbing reports involving serious injuries and even deaths related to child abuse at schools and institutions where children were improperly restrained and secluded.

Gregory D. Kutz, Managing Director of Forensic Audits and Special Investigations for the GAO, testified before the U.S. House Committee on Education and Labor on May 19, detailing cases of child abuse caused by the improper use of restraint techniques. The agency also found that special needs children were particularly vulnerable.

The GAO looked at cases over the past 20 years, identifying instances of institutional or school abuse involving restraint injuries. There are currently no federal guidelines on the use of restraint techniques on children, and the report points to a large disparity between existing policies among different states.

The report was conducted at the behest of U.S. Rep George Miller (D-CA), chairman of the committee, and focused specifically on ten incidents of child abuse; four of them leading to fatalities. [NOTE: The Coalition Against Institutionalized Child Abuse has a more comprehensive Death Toll, which includes numerous deaths, here: http://www.caica.org/RESTRAINTS%20Death%20List.htm]

In one case, a 14-year old student was killed at a Texas public middle school after the boy was physically held down until he suffocated. The report indicates that he had also been denied food for several hours before the incident.

Although the death was ruled a homicide and the teacher was placed on a Texas state list for child abusers, the teacher was able to move to Virginia and continue teaching K-12 special needs children until her involvement came to light as a result of the GAO investigation. The teacher has now been placed on [PAID] leave.

In all four of the fatality cases investigated, teachers or staff members used restraining techniques on children that restricted the flow of air to their lungs.

Miller said the report showed that federal legislation needs to be enacted, regulating the use of such procedures, and the Obama administration pledged to meet with stakeholders to address the abuses.

“GAO’s report shows that in too many cases, a child’s life wound up being threatened even though that child was not a threat to others,” Miller said in a statement released by the committee. “This behavior, in some instances, looks like torture. The current situation is unacceptable and cannot continue.”

There have been several successful child abuse lawsuits against schools and other institutions in relation to the improper use of restraint, according to the GAO report.

In 2003, the mother of a 15-year old autistic student reached a $1.3 million settlement with a Michigan public school after her son died while being restrained in a prone position on his stomach. The incident occurred while the school staff was punishing the student, who had suffered a seizure and lost control of his extremities.

Another case involving an incident that occurred at a West Virginia public school, resulted in a $460,000 jury award after a 4-year old student with cerebral palsy was bound to a chair with leather straps. The girl suffered bruising and post traumatic stress disorder. Although the school district and teachers were found to be negligent in the incident, at least one of the teachers continued to work at the school at the time the GAO report was prepared.

VA: Teacher’s Past Use of Force Prompts Call for Rules on Restraining Students

By Michael Birnbaum (Contact), Maria Glod
Originally published at 3:47 p.m., May 20, 2009Updated at 1:14 a.m., May 21, 2009
http://loudounextra.washingtonpost.com/news/2009/may/20/light-loudoun-teachers-use-force-education-secreta/?local

Citing "disturbing" reports of schoolchildren harmed when teachers physically restrained them, U.S. Education Secretary Arne Duncan called on state school chiefs yesterday to develop plans this summer to ensure that restraints are used safely and sparingly.
Virginia and Maryland have policies that call on teachers to use other means to calm students and to turn to physical restraint only when a student is in danger of hurting himself or others. D.C. law provides no guidance on the issue for public schools but restricts public money from going to private schools if they restrain students in ways that are physically dangerous.

Duncan's announcement came a day after federal investigators revealed word of hundreds of allegations that youngsters were improperly held, bound or isolated in schools over the past two decades. Investigators with the Government Accountability Office highlighted a 2002 case in Texas that involved a teacher who now works in Loudoun County. Teacher Dawn Marie Hamilton lay on a 14-year-old boy who refused to stay in his seat, and the boy died, according to the report.

Hamilton, a special education teacher at Park View High School in Sterling, was hired in Virginia by officials who had no knowledge of the incident, which did not turn up in background checks. Hamilton was not criminally charged but was listed on a Texas registry of individuals found to have abused or neglected children.

Hamilton has been placed on administrative leave with pay. She did not respond to an e-mail or a phone message left at her home yesterday.

No federal law restricts the use of restraints or seclusion in schools, and the states have a patchwork of regulations, the GAO report found. Investigators also noted an absence of a central government effort to track the use of restraints in schools or allegations of abuse.

Duncan, who spoke during a congressional hearing on President Obama's education plan, cited as a model an Illinois policy that prohibits the use of restraints as a punishment, requires documentation of each incident and includes considerable training for teachers.

"I'm going to be working with state school chiefs as we go into the next school year to make sure that across the country we are thoughtful and we are not doing anything that endangers children," he said.

The use of restraints in schools presents a delicate balance for educators who are teaching a growing number of special-needs children who might have behavioral problems. In general, restraints and seclusion are used only in cases in which children might harm themselves, classmates or staff members. [NOTE: There is the BELIEF that restraints and seclusions are only used in "emergencies." We know for a fact that "in general" restraints and seclusions are NOT being used "only in emergencies," but are being over-used and unnecessarily used. See the links on the side bar for "restraint" and "seclusions" to read through a collection of news stories on these issues.]

Mary Kealy, an assistant superintendent for pupil services in Loudoun schools, had been scheduled to testify at a congressional hearing Tuesday to discuss the GAO report but dropped out after Hamilton's connection came to light.

In written testimony, Kealy said that all Loudoun special education teachers are required to have basic training in defusing conflicts and that physical restraint training is done only for teachers who work with students with autism, emotional disabilities and severe cognitive challenges. Training is available but not required for general education teachers, she said.

"The appropriate use of physical restraint may be a tool, under certain circumstances, used as a last resort for students who exhibit out of control or dangerous behavior and may injure themselves or others," Kealy said.

Hamilton was working in a Texas middle school in 2002 when 14-year-old Cedric Napoleon stopped doing his work and teachers delayed his lunch as punishment, according to the GAO report. The boy tried to steal candy and refused to stay in his chair. Hamilton held the boy in his chair, investigators found. He struggled, and she put him on the floor and lay atop him as he kicked and cursed. According to state documents, the boy suffocated.

Since the 2002 incident, according to a Loudoun schools official, Hamilton has worked at another public school in Texas; at a private academy in Springfield; and at Rock Creek Academy, a private special education school in the District.

Wednesday, May 20, 2009

Secretary Duncan Announces Plans to Increase Oversight of Seclusion and Restraint in Schools

EDUCATION & LABOR COMMITTEE

Congressman George Miller, Chairman


Wednesday, May 20, 2009

Press Office, 202-226-0853

 

GAO report released yesterday uncovered hundreds of allegations of abuse of schoolchildren

WASHINGTON, D.C. – At a hearing on Capitol Hill today, U.S. Education Secretary Arne Duncan told members of the House Education and Labor Committee that he intends to begin monitoring how states are using seclusion and restraint in public schools. Duncan also said he plans to ensure that all states have clear policies in place on seclusion, restraint and other physical interventions that are used in schools for the coming academic year.

A GAO investigation released yesterday at a committee hearing, and conducted at the request of U.S. Rep. George Miller (D-CA), the committee’s chairman, uncovered hundreds of allegations of abusive uses of seclusion and restraint practices on schoolchildren over the past two decades. In at least twenty of those cases, this abuse resulted in the death of a child.

Currently, there are no federal laws that govern the use of seclusion and restraint in schools. State regulation and oversight varies greatly; nineteen states have no such laws.

Specifically, Secretary Duncan announced that he is asking all state school chiefs to submit their plans for using seclusion, restraint and other practices for physical intervention in their schools. His announcement came at the beginning of a hearing to discuss the Obama administration’s plans for transforming education in America.

“Children’s safety has to be our number one concern before we begin to think about educating them and doing other things,” saidDuncan. “And as we go into the summer and prepare for next school year I want to make sure that as we go into next school year that every state has a real clear plan as to how to do this in a way that makes sense. And doesn’t jeopardize, doesn’t endanger children.”

To watch the full video of his announcement, click here.

Miller praised the Secretary for taking quick action on a first step toward improving federal oversight. The committee will continue working with GAO and the Obama administration on a comprehensive plan to keep school communities safe.

The Obama administration has indicated it plans to meet with stakeholders about these abuses in the coming weeks.

For more information on yesterday’s hearing, click here.

Monday, May 18, 2009

GAO report: Special-needs kids abused in schools

From Abbie Boudreau and Steve Turnham
CNN Special Investigations Unit
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http://www.cnn.com/2009/POLITICS/05/18/siu.schools.abuse/index.html

(CNN) -- Congressional auditors have uncovered widespread abuse of techniques use to restrain or discipline special-education students in U.S. schools, with some deaths linked to the practices, a top congressman says.

The findings are among those expected from a Government Accountability Office report scheduled to be released Tuesday. The report documented serious problems with the way children with disabilities are being treated in public schools, including cases of children being held face-down on the ground.

The GAO report was prepared for the House Education and Labor Committee, which is considering new laws governing what actions teachers can take to rein in disruptive special-needs students.

"I think what we're going to hear from the GAO is that very often, special-need children are subjected to the policies of seclusion and policies of restraint that have turned out to be lethal in a number of circumstances," said Rep. George Miller, D-California, the committee's chairman.

In other cases, children as young as 6 have been locked away "for hours at a time," Miller said.

"What the GAO is telling us is that that policy is fairly widespread," he said. "The state regulations about how to handle these incidents don't exist in about half the states, and in other states you have kind of a patchwork of regulations."

The GAO, the investigative arm of Congress, found that state laws governing the treatment of the more than 6 million children classified as having "special needs" -- conditions including autism and Down syndrome-- are patchy at best. Teachers and school staff frequently lack training in correct restraint methods, and in some cases, where improper restraints led to injuries, teachers often kept their jobs.

Only five states keep track of incidents where special-needs students are separated or restrained. Parents contacted by CNN commonly said they were not told their child was being disciplined until he or she began to behave badly at home -- a sign of trouble at school.

When confronted with complaints, school systems sometimes sought to minimize or deny the allegations, even after public investigations found the charges to be true. And parents told CNN that when they got into a dispute with the teacher, their child was made to suffer as retribution.

Some of the most disturbing reports concerned the use of seclusion rooms. Experts have long recommended that children should only be isolated when they posed an immediate threat to themselves or others. But CNN found that isolation was often used as a punishment by teachers to compel the students to follow instructions.

State investigators in Utah found a teacher left 7-year-old Garrett Peck in an isolation cubicle for at least two and a half hours after the teacher said he told her to "shut up."

While the boy was in the cubicle, the teacher taunted him by playing his favorite video and telling him what he was missing. His parents, Joshua and Becca Peck, said the child has an attention span of about 10 minutes, and they believe that after the first few minutes, he had no idea why he was in the cubicle.

"It was so sad. We felt it was a form of torture for him but he, being autistic, he had no way to express it," Joshua Peck said. "He couldn't tell."

And Becca Peck said her son had been left in the cubicle with nothing but a magic marker -- which he used to scrawl all over himself. When she came to school to pick him up, "He was covered in marker -- on his eyelids, on his hair, face, clothes, arms, eyelids -- everywhere."

"I started thinking, 'What was he thinking?' Was he thinking, 'Why is my mom letting this person do this to me? Why am I here? I trust no one now.' "

In Garrett's case, like others cited by the GAO, the teacher remains on the job. And what frustrates experts is that efforts to force unruly children to comply don't actually work.

At one school in Pennsylvania, however, teachers appear to have better results using sharply different methods.

The Centennial School at Lehigh University serves severely emotionally disturbed children that have been passed from school to school, and even from juvenile justice centers. When school director Michael George came to Centennial in 1999, the school had documented more than 1,000 cases of restraint and seclusion that year. After the school revamped its approach, no such incidents were reported.

When they get to Centennial, students can be violent and aggressive. But instead of trying to force a chance in behavior, the school teaches the children new skills to get what they need. Children who might be violent because they are desperate to escape and uncomfortable task or environment learn to communicate their discomfort in nonviolent ways.

Children who need to move frequently -- a common trait with conditions such as autism -- are permitted to do so, then re-directed to the task at hand. Staff are forbidden from saying anything negative about the children, parents or other teachers, even among themselves.

And when a child acts violently, the staff is trained to step aside, rather than immediately attempt a potentially dangerous restraint. On a recent visit to the school, all students appeared to be calm and receptive to teachers.

The school's philosophy can be summed up in a question George likes to ask teachers interviewing for jobs there: Which teacher you remember most from your own childhood?

"No one ever mentions the person who yelled at them, who screamed at them, who told them to write a phrase a hundred times, who slammed them into closets, who was abrupt, who made them feel stupid. No one ever mentions those people," said George.

"Our job is to teach. Sometimes the children we are teaching here present extraordinary challenges; it can be very, very difficult. But that's the job we chose to do."