Showing posts with label Florida. Show all posts
Showing posts with label Florida. Show all posts

Saturday, November 6, 2010

FL: School Restraint Allegedly Leaves Student with Bloody Eyes



Student with bloody eyes will likely change schools

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/

Thursday, November 4, 2010

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

November 3, 2010


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



Monday, October 11, 2010

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

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

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

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

From WFTV.com:

October 11, 2010

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


Tuesday, May 4, 2010

FL: School Discipline Has Changed

Excerpt from Ocala.com:

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

Friday, February 12, 2010

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

From wpbf.com:

February 10, 2010

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

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.

Wednesday, February 10, 2010

FL: Say 'no' to mints in pill bottles

Excerpt from 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/


Monday, January 11, 2010

FL: Media Advisory - REPRESENTATIVE HUKILL TO HOLD PRESS CONFERENCE ON RESTRAINT AND SECLUSION BILL


Florida House of Representatives

Representative Dorothy L. Hukill

District 28

*MEDIA ADVISORY*

Contact: Lindsey Swindle

Phone: 386-316-9033

1/11/2010 4:30 PM

REPRESENTATIVE HUKILL TO HOLD PRESS CONFERENCE ON RESTRAINT AND SECLUSION BILL

Tallahassee – On Wednesday, January 13th, State Representative Dorothy L. Hukill (R-Port Orange) will hold a press conference on House Bill 81, which restricts the use of restraint and seclusion on students with disabilities. The legislation would ban the use of seclusion rooms and restrict the use of manual physical restraint to emergency situations as well as require incidents to be reported and tracked. Florida currently has no regulations in place on the use of restraint or seclusion.

While under supervision or due to lack of proper supervision, there have been many instances of students dying or being severely traumatized from being restrained or placed in seclusion. Some children do to their physical limitations are unable to speak out against this type of treatment. This bill serves to create a safe environment for all students and school personnel. House Bill 81 has been endorsed by numerous disability rights groups, many of whom will have representatives join Representative Hukill in speaking. The press conference will be on Wednesday January 13th, on the 4th floor rotunda of The Capitol building, 400 South Monroe Street, Tallahassee, Florida 32399-1300.

WHO: State Representative Dorothy L. Hukill, Parents of children restrained or placed into seclusion rooms, Representatives of disability rights groups.

WHAT: Press Conference on House Bill 81

WHEN: Wednesday January 13th, 2010 at 11:00am

WHERE: 4th Floor Rotunda, Capitol Building, Tallahassee, Florida.

###

Sunday, January 10, 2010

Coaches Gone Wild

Excerpt from Tampa Bay Online:

Tough is OK; abuse is not
By Joey Johnston
January 10, 2010

USF Coach Fired

For the third time in five weeks, a high-profile college football coach lost his job after being accused of physical or verbal abuse toward a player, even while explaining the actions as routine discipline and motivation.

The University of South Florida fired head football coach Jim Leavitt on Friday after a monthlong probe concluded he grabbed a player by the throat, slapped him, then lied about it to investigators.

That continued the disturbing trend.

On Dec. 3, University of Kansas coach Mark Mangino was forced to resign after complaints of abuse surfaced from former and current players, including one who said he was forced to crawl across searing-hot artificial turf after failing to weigh in, leaving him with blisters and a patch of missing skin.

On Dec. 30, Texas Tech University coach Mike Leach was fired after being accused of mistreating a player with a concussion, forcing him to remain in a darkened shed as a form of punishment.

"I have never seen anything like this, ever," Teaff said. "I'm baffled. I don't even know how to describe what is happening here."

For the full article, please click the following link: http://www2.tbo.com/content/2010/jan/10/na-tough-is-ok-abuse-is-not/

Friday, December 18, 2009

ACTION ALERT: FLORIDA - Public Hearing Jan 19, 2010 to Discuss Excluding Alternative Schools From Accountability

Forwarded Message from Attorney Rosemary N. Palmer:

Please forward this email as widely as possible, asking your friends and friends of those who oppose discrimination to write the Board of Education in opposition to excluding alternative schools from the same accountability as other schools.

https://www.flrules.org/gateway/readFile.asp?sid=2&tid=8045585&type=1&File=6A-1.099811.htm

FLDOE has just announced its differential accountability rule, which is set for public hearing January 19, 2010 in Tampa (unknown time and place, contact lynn.abbott@fldoe.org). The rule sets out what schools where students aren't learning have to do to fix it. The rule excludes alternative schools, including special education day schools, second chance schools which are disproportionately populated by students of color and students with disabilities, whether or not identified under IDEA or 504, who have typically been sent there because school districts have failed to provide research proven interventions in less restrictive environments, and similar schools, from full accountability when they continue to fail students .. (See http://info.fldoe.org/docushare/dsweb/Get/Document-5588/dps-2009-215.pdf )

Apparently school districts have argued that the populations are too fragile and and too mobile for school districts to be required to close them when they cannot fix the problems after 1 year in Intervene status (which follows multiple years in prevent and correct status --- most of the ESE schools are now in Correct or Correct II status throughout the state).

However we know that students with disabilities whether or not identified and students of color ought to be equally entitled to the benefits of differentiated accountability. After years of knowing that such schools do not implement research proven interventions with fidelity and do not produce results (not to mention assigning personnel to such schools after they have failed in some way in non-alternative schools), we all know that school districts will NOT have any incentive to fix the problems until they know that they must implement interventions that actually educate in those schools too, and they are subject to ultimate sanctions of disbanding the schools if they cannot find a way to successfully educated the students there assigned, just like other schools are. Indeed, exempting alternative schools gives districts additional incentives to throw away students with disabilities rather than educate them, and also continues practices of using more restrictive environments that clearly don't work any way, which are also in violation of the law..

I say that students with disabilities (and students of color to the extent that they are disproportionately represented in alternative schools) deserve to be in schools that teach. Let's tell FLDOE and the Florida Board of Education that passing a rule exempting alternative schools from Intervenor status is discrimination, pure and simple.

People you need to contact
Dr. Eric J. Smith Commissioner of Education Commissioner@fldoe.org
Office of the Commissioner Turlington Building, Suite 1514
325 West Gaines Street
Tallahassee, Florida 32399
Phone: (850) 245-0505
Fax: (850) 245-9667

STATE BOARD of EDUCATION
(850) 245-9661
325 W. Gaines Street
Suite 1520
Tallahassee, Florida 32399

T. WILLARD FAIR, Chairman
President and Chief Executive Officer of the Urban League of Greater Miami, Inc.

PETER BOULWARE, Vice president of Legacy Toyota, Tallahassee FL
DR. AKSHAY DESAI, President, CEO and Chairman of Universal Health Care, St. Petersburg, FL
ROBERTO MARTÍNEZ , Colson, Hicks, Eidson, Coral Gables FL
JOHN R. PADGET , Key West FL
KATHLEEN SHANAHAN, CEO WRSCompass,
LINDA K. TAYLOR, Ft. Myers, FL


Thank you for your help. It will take us all writing and calling to make a difference.

--
Rosemary N. Palmer
Attorney at Law
FBN 070904 UBN 005004
5260 Pimlico Drive
Tallahassee FL 32309
floridalawlady@gmail.com
850 668 9203

Monday, December 14, 2009

FL: Glynn school board to consider bringing back corporal punishment

Some want corporal punishment to come back to Glynn schools.


BRUNSWICK - When the Glynn County school board's Safety and Discipline Committee meets Tuesday to discuss issuing Tasers to school police officers, it will also consider reinstating a form of discipline that could be even more controversial: corporal punishment.

Board member and committee chairman John Madala believes paddling is an effective tool needed to enforce student discipline. He placed the issue on the committee's Tuesday agenda.

Corporal punishment has not been used in Glynn schools in more than four years. The school board voted unanimously July 12, 2005, to remove it as a student discipline option.

At the time, school systems nationwide were banning paddling amid concern about potential lawsuits from parents and questions about its effectiveness in improving student behavior.

Madala, whose wife is a teacher, advocates bringing paddling back in at least the elementary and middle schools where its use potentially will be most effective.

"We've got to equip the teachers with the tools they need to maintain structure and control in their classrooms," he said. "Corporal punishment would be another tool in the box to control unruly students."

Unless unruly students are brought under control, they will continue to disrupt the classroom, resulting in the other pupils missing out on educationalopportunities, he said.

teresa.stepzinski@jacksonville. com, (912) 264-0405

Wednesday, December 9, 2009

FL: Babysitter accused of molesting 6 yr old child

December 09, 2009 10:56 AM
Mona Moore
Daily News

http://www.nwfdailynews.com/news/front-23494-accused-jumping.html

CRESTVIEW — A man has been charged with lewd or lascivious molestation for crimes committed against a 6-year-old girl.

The young girl visited the home of Gregory Allen Johnson, 32, on or around July 23 to play with two children he was babysitting. She was left alone with Johnson while one child played in another room and the other was in a timeout.

Johnson exposed himself, made the child stroke his genitals and jumped up and down. At one point, he had the child lay down and rubbed his pelvic area on her stomach.

Once the other child came back from timeout, Johnson started picking the kids up from behind, held their buttocks up to his pelvic area, then jumped up and down and walked around.

A Georgia counselor who interviewed the 6-year-old determined she had been sexually abused by an adult.

Johnson was charged Dec. 2 and is due in court Jan. 19.

Saturday, November 21, 2009

FL: Lawsuit claims Florida is failing its schools, wants new education plan

By Ron Matus, Times Staff Writer
In Print: Wednesday, November 18, 2009
http://tampabay.com/news/lawsuit-claims-florida-is-failing-its-schools-wants-new-education-plan/1052509

Not enough money. Not enough progress.

Florida is violating the state Constitution by not pouring enough money into schools and relentlessly focusing on high-stakes testing policies that aren't getting good results, says a lawsuit expected to be filed today in Leon County circuit court.

Prepared by a team of lawyers that includes a former Democratic House speaker and a Republican Party patriarch, the suit takes aim at virtually every aspect of the sweeping education overhaul engineered by former Gov. Jeb Bush and kept largely intact by his successor, Gov. Charlie Crist.

Low graduation rates, stagnant test scores, a persistent effort by lawmakers to shift education costs to school districts — all of it shows Florida is not living up to a constitutional mandate to provide high quality schools, the suit says.

Some of the suit's roots go back to last spring's budget cuts, when everything from music programs to teaching assistants were considered for the chopping block, said Kathleen Oropeza, co-founder of an Orlando-based parents group listed as a plaintiff.

"The first question we asked amongst ourselves was, 'What can we do to fix this?' " Oropeza said Tuesday. "It always came back to legal action."

The proposed remedy: having the court order the state to come up with a new education plan.

The St. Petersburg Times was given a copy of the suit, which is being filed on behalf of eight plaintiffs, including Rose and Alfredo Nogueras, a Hispanic couple whose son is a Pasco County 11th-grader. Two parent groups and two black Jacksonville students also are plaintiffs. The suit alleges that minority students have been especially short-changed.

The plaintiffs' attorneys include former Democratic House Speaker Jon Mills, moderate Republican E. Thom Rumberger and members of Southern Legal Counsel, a Gainesville public interest law firm.

The defendants are listed as the state Board of Education, Education Commissioner Eric J. Smith, Senate President Jeff Atwater and House Speaker Larry Cretul.

Board Chairman T. Willard Fair did not return a call for comment. Smith, Atwater and Cretul all declined comment because they had not yet seen the suit.

Bush declined comment, too. But Kristy Campbell, a spokeswoman for one of his education foundations, foreshadowed the statistical duel that lies ahead.

"It is critical to note Florida has made incredible strides in raising student achievement in the last decade, especially among poor and minority students," she wrote in an e-mail. "In every grade, the percentage of students performing at or above grade level in reading and math has made double-digit leaps since 2001."

The arguments may boil down to what judges think of words like "paramount" and "high quality."

In 1998, 71 percent of Florida voters approved a constitutional amendment that says educating children is a "paramount duty" of the state and the state shall make "adequate provision" for a school system that is "uniform, efficient, safe, secure and high quality."

The suit says the state isn't living up to those promises and is "misusing" the FCAT to retain some students and keep others from graduating: "Overemphasis on high stakes testing for multiple purposes has not improved overall performance generally."

The suit offers a barrage of statistics as proof: No. 29 in average teacher salaries. No. 39 in per pupil spending. No. 2 in the percentage of teachers who report being threatened by students.

The suit also points to FCAT scores. "Statewide, there is an alarming number of students who are not reading at grade level: 63% of Tenth Graders, 53% of Ninth Graders, and 46% of Eighth Graders," it says.

But measuring school quality is tricky business.

On one hand, Florida schools are in the midst of historic cuts in state education spending — and a dramatic change in who picks up the tab.

Core funding has dropped from $19.3 billion to $17.9 billion in the last two years, and would have fallen further without federal stimulus money. Meanwhile, the Legislature is shifting a bigger share of education funding to districts, lowering the state's contribution from 62 percent in 2001 to 45 percent this year.

On the other hand, Florida schools — for so long the butt of jokes — are now earning kudos from unexpected quarters.

The widely respected Quality Counts report, put together by the Education Week newspaper, gave Florida a No. 10 ranking this year based on a wide range of factors, including funding, policies and academic performance. The state also is a leading contender for a federal Race to the Top grant because its policies mesh closely with President Barack Obama's vision of education reform.

"So many of the mile markers in these kinds of legal cases can be interpreted in two different ways," said Ruth Melton, legislative director for the Florida School Boards Association, which decided, for now, to not file a similar suit. "This is a challenge worth winning. But it will be a long and difficult legal road."

By coincidence, Pinellas County School Board members discussed state funding at a workshop Tuesday as they crafted their wish list to state lawmakers.

One board member suggested the message be distilled to this: "Obey the Constitution."

Shannon Colavecchio contributed to this report. Ron Matus can be reached at matus@sptimes.com or (727) 893-8873.

FL: Mother claims school aide forgot about son in timeout room

Published: November 20, 2009

http://www2.tbo.com/content/2009/nov/20/mother-claims-school-aide-forgot-about-son-timeout/news-breaking/


TAMPA - The mother of a special needs student says a Lockhart Elementary teacher's aide left her son in the school's timeout room last year for nearly four hours.

The aide went home and forgot about the 9-year-old boy, who sat alone in the dark on the floor of a windowless 3-foot by 5-foot room before a janitor freed him, his mother said. His pants were soaked in urine.

More than a year later, he still struggles with the experience, his mother said.

"He's not the same child," she said today from her home.

Her lawyer has notified the district of a potential lawsuit.

In a letter dated Sept. 11, attorney Eric Frommer alleges school officials committed "discriminatory and tortuous acts" against the boy.

"It's more than neglect," Frommer said today. "It's abuse. It's emotional abuse."

The district did not investigate the March 2008 incident, schools spokeswoman Linda Cobbe said today. Neither the Hillsborough County Sheriff's Office nor Tampa Police Department could find any documents concerning the incident.

In his letter of intent to sue, Frommer names teacher's aide Deloris Gainey, 52, who worked for the district for nine years before her arrest last year on charges of purchasing and possessing marijuana a few blocks from the school.

Gainey was suspended without pay in January 2009 and entered into a pre-trial intervention program with the county, Cobbe said. The district fired her July 15.

Her personnel records were not available today and she could not be reached for comment.

Cobbe would not comment on the timeout rooms except to describe some as closets where students keep their coats and lunchboxes. She refused The Tampa Tribune and News Channel 8 access to one.

The boy's mother said children had to remove their shoes before going into the room at Lockhart, which she said was empty and smelled like urine. There was no bathroom or window. The door wasn't supposed to be locked, she said, but there was a magnet that prevented the door from being opened from the inside.

The teacher's aide placed the boy in the room because he wouldn't do his school work, his mother said.Frommer said his client, who is not being named by the Tribune to protect her son's identity, is not looking for a "windfall," but help in providing her son with therapy.

He's 11 now, a sixth-grader at another school who acts out in class and has been suspended frequently, his mother said.

"He doesn't know how to fix himself," she said.

Adding to his troubled emotional state is an alleged rape in 2003 by another student at Ippolito Elementary. No criminal charges were filed in that case, but the district settled with the mother out of court in January. The terms and amount of that settlement are confidential.

Cobbe could not provide any information about that incident.

But the alleged rape and being shut in a "closet" certainly is something that has shaped the boy's life, Frommer said.

"It's just his first years of school," the attorney said. "So here they've traumatized him twice."

Researcher Buddy Jaudon contributed to this report. Reporter Sherri Ackerman can be reached at (813) 259-7144.

Sunday, November 15, 2009

FL: New talk of abuse at Walker emerges

Published: November 14, 2009

Updated: 11/14/2009 12:23 am

http://www2.tbo.com/content/2009/nov/14/140023/na-new-talk-of-abuse-at-walker-emerges/

TAMPA - Around the same time period a Walker Middle School flag football player became the alleged victim of sexual assaults by his teammates, a special-needs student was molested by her classmates, according to her lawyer.

The alleged sexual assault of the 13-year-old girl is unrelated to the high-profile case of the football players.

The girl was sexually assaulted by other students between February and May this year, according to a notice of intent to sue sent to the Hillsborough County school district by attorney James Adams Jr.

The girl, who has cognitive and hearing impairments, was molested by her classmates on a school bus while a school supervisor was at least five rows away, said Tampa attorney Chris Knopik, who is working with Adams on the case.

The bus driver and an aide who works with special-needs students were also on the bus, Knopik said.

Another incident allegedly occurred in a boys' restroom at the school, Knopik said.

The bus driver and aide who were supposed to be supervising the students have been reassigned, school district spokesman Steve Hegarty said.

The school district's investigation is ongoing.

Attorneys for the girl say her parents went to see school security officers and administrators. The parents felt their complaints were waved off and ignored, Knopik said.

When school officials were notified of the alleged incidents, the district turned the information over to law enforcement, Hegarty said.

Two boys and a girl admitted to sexual acts on the bus, the Hillsborough sheriff's office said. Upon further investigation, none of the parents of the students involved wanted to prosecute, sheriff's spokeswoman Debbie Carter said.

As far as the criminal investigation goes, it ended when the parents waived prosecution, she said.

The sheriff's office does not know if the girl on the bus is the same as the one whose parents have filed the intent to sue, Carter said. The agency would not confirm it anyway, because this is a sexual battery case.

A separate investigation by the sheriff's child protection services department took place between May 8 and June 22, Carter said, but the sheriff's office does not have access to that report.

Knopik said he is not aware of any arrests being made or charges filed.

The girl has transferred to another school.

The notice of intent to sue was filed in May. Florida law requires claimants to give government agencies six months' notice of a lawsuit.

The girl's attorneys have not received a response from the school district, Knopik said. "It's not uncommon," he said. "It's conceivable that the response could be going out in the mail today" and that he and Adams may get it after the weekend. But if it does not arrive, Knopik said he and Adams are prepared to pursue a full civil lawsuit against the district.

"The parents' desire to seek justice and to hold the school board accountable is, of course, focused exclusively on what happens to their daughter," Knopik said. "But I think anyone who is familiar with the other case and then hears this case, it has to raise concerns in the minds of parents and the public at large about what is going on at Walker Middle School."

The Odessa school first made headlines in June when four flag football players were arrested and charged with four counts each of sexual battery.

Authorities say Diemante Roberts, 15, and Lee Louis Myers, Raymond A. Price-Murray and Randall John Moye, all 14, bullied a teammate for weeks in March and April before sexually assaulting him in a school locker room.

All four defendants are charged as adults. They have pleaded not guilty and have since been released on bail. While they await trial, the teens must wear court-ordered GPS tracking monitors.

A status conference in this case is set for Jan. 14.

News Channel 8 photographer Kate Caldwell and Tribune editor Howard Altman contributed to this report. Tribune reporter Ray Reyes can be reached at (813) 259-7920. News Channel 8 reporter Samara Sodos can be reached at (813) 314-5379.