Showing posts with label Indiana. Show all posts
Showing posts with label Indiana. Show all posts

Tuesday, May 4, 2010

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

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

Wednesday, February 3, 2010

India: Teacher sent to 3-month jail for beating student

Excerpt from The Times of India

TNN, 3 February 2010, 06:55am IST


AHMEDABAD: To set an example in order to curb corporal punishment in schools, a city court on Tuesday punished a teacher and sentenced him three-month imprisonment for beating a student. The court has also awarded compensation of Rs 5,000 to the student.

[The teacher, Ranjitsingh] Yadav teaches Hindi language at Rashtriya Bharti Hindi School located at the CTM in Amraiwadi and went to standard IX on February 20, 2002 to [seek] books from students [and] to check home work assigned to them. A student named Mukesh Kushwaha, who had forgotten to bring the book to school that day, could not satisfy the teacher's queries.

Angry with the student, the teacher twisted Kushwaha's left arm and caused a fracture. The student was then rushed to the hospital for treatment, but his parents lodged a complaint with the Amraiwadi police station.

Saturday, November 21, 2009

ACTION ALERT: Indiana Star Seeking Parent Input on Corporal Punishment

Should schools still use the paddle?
http://www.indystar.com/article/20091119/PROMO/91119015/Should-schools-still-use-the-paddle

The Indianapolis Star is working on a story about the increasing number of Central Indiana school districts banning corporal punishment as a form of discipline. We want to hear what you think.

Most districts in central Indiana counties specifically bar teachers and administrators from striking children. And of those that still do allow it, one is poised to change that policy and administrators in most of the others don't paddle children even when allowed to.

The federal government estimates that 577 Indiana children were paddled in schools during the 2006-2007 school year, the last year for which data were available.

Advocates of paddling say that it is an effective way to get a disruptive child's attention. Opponents say that it teaches violence and is not appropriate for educators to be involved in.

Parents, what do you think? Send your e-mail to andy.gammill@indystar.com. Let us know your thoughts to use in our news story. Be sure to give your name and phone number so we can contact you. We will use the phone number only for having a reporter contact you.

IN: Tennis coach gets 2 yrs. in prison for abusing students

Kawamoto pled guilty in August

Updated: Thursday, 19 Nov 2009, 10:40 PM EST
Published : Thursday, 19 Nov 2009, 9:06 PM EST

http://www.wishtv.com/dpp/news/crime/Greenwood-coach-sentenced-for-abuse

FRANKLIN, Ind. (Daily Journal) - A former Greenwood tennis coach has been sentenced to two years in prison after inappropriately touching three teen girls who came to him for private lessons.

Don Kawamoto, 53, pleaded guilty in August to three felony counts of sexual misconduct with a minor as part of a plea agreement with the Johnson County Prosecutor's Office.

He was joined at his sentencing hearing Thursday afternoon by friends and family, including his wife and four children, who spoke of Kawamoto as a good man, father and tennis coach.

Eight years in prison was the maximum sentence Kawamoto could have received. Factors such as a lack of criminal history balanced with the fact that Kawamoto broke a trust relationship with the victims led Johnson County Magistrate Richard Tandy to hand down a sentence of six years at the Department of Correction with all but two years suspended.

Kawamoto was arrested in January after a 15-year-old girl told police that he put his hands down her shirt and touched her breasts during a private lesson at a school facility, according to a probable-cause affidavit.

Kawamoto was fired from his first-year job as the boys varsity tennis coach at Greenwood Community High School.

At Thursday's hearing, the mother of one victim read a statement aloud, detailing how her daughter's life was affected by Kawamoto. Her daughter has problems sleeping and seldom goes out with friends, instead opting to stay home.

Kawamoto's family painted a different picture of him. His wife, Cindy, spoke of an attentive, devoted husband who would do anything for his children, on the tennis court and at home.

Getting fired from his job and having to register as a sex offender and endure media attention has been enough of a punishment, Cindy Kawamoto said.

Her husband apologized to his victims and wished them good luck in the future in both academics and athletics.

"I'm truly sorry for what I did," Kawamoto said during his hearing.

He originally faced another felony charge, sexual battery, but the prosecutor's office could prove only one of the two felonies from the first victim, Johnson County Prosecutor Brad Cooper has said.

Prosecutors opted to pursue sexual misconduct with a minor instead of sexual battery because the former charge is a higher-class felony and comes with a harsher sentence.

Two other girls came forward after the first teen made a report, and both said that similar incidents had happened to them over the past two years, the affidavit said.

The girls told police they couldn't remember how many times the incidents happened because they occurred often. In the case of one of the girls, Kawamoto told her parents not to come with their daughter to her lessons because their presence made her not practice as well, the affidavit said.

In two cases, Kawamoto called the girl a crybaby. He called one girl a crybaby after she wouldn't lift up her shirt for him and told another girl she was one, too, according to the affidavit.

After the first victim came forward, Kawamoto told police that he was trying to improve the girl's swing and accidentally touched her breast, Greenwood Police Chief Joe Pitcher has said.

Kawamoto later told officers that he touched the girl for sexual gratification and that in the past he had paid extra attention to positioning students because it gave him sexual gratification, Pitcher said.

As part of his sentence, Kawamoto will have to continue counseling.

Sunday, November 15, 2009

IN: Teacher accused of hitting student will avoid trial

By Vic Ryckaert

November 14, 2009

http://www.theautismnews.com/2009/11/14/teacher-accused-of-hitting-student-will-avoid-trial/

A former Perry Township teacher has surrendered his teaching license to avoid trial on allegations that he struck a disabled student in 2008.

Thomas Cripe, 65, will not be allowed to teach in Indiana or other states under a diversion agreement filed Friday in Marion Superior Court.

“It turned out to be a good outcome for everyone,” said his attorney, John Kautzman. “The state and the victim’s mother didn’t want him to teach anymore, and our client was enjoying his retirement.”

If Cripe does not get arrested in the next two years, prosecutors will dismiss two charges of battery that alleged Cripe twice struck Brent Mobley, then 20, in August 2008 at RISE Learning Center, 5391 Shelby St.

Mario Massillamany, a spokesman for County Prosecutor Carl Brizzi, said the key goal was ensuring that Cripe never returns to a classroom. “The victims, their biggest concern was that he never teaches again, and that he admits guilt.”

Mobley has autism and severe mental retardation. Cripe’s attorneys, Kautzman and Andrew Duncan, said Mobley was unruly and struck the teacher first.

In each instance, defense attorneys said, Cripe struck Mobley across the face after verbal commands failed. Cripe, a teacher for 17 years, retired after the incidents.

Kautzman said he believed Cripe would have won an acquittal had the trial continued. State law, he said, gives teachers the right to use a reasonable amount of corporal punishment to maintain order.

Saturday, October 10, 2009

IN: Special Education Teacher Attempts to Give Autistic Child with Nut Allergy Candy Laced with Nuts

NOTE: This article retells how a special education teacher in an Indiana school knowingly and willingly attempted to give a non-verbal autistic child with a known nut allergy a piece of candy with nuts in it in the hopes he would be too ill to attend a school field trip. The article also recounts how this isn't the only incidence of abuse; a DCS report found "aides also claimed Barocas hit a 9-year-old girl with Down syndrome on the lips in an attempt to make her pull her tongue back into her mouth." She was also placed on administrative leave after a school nurse reported that this teacher attempted to force feed, slap and improperly restrain another disabled child; she was later cleared of any wrongdoing.

The woman should be brought up on attempted murder charges since the child's nut allergy was severe enough that he could have died had he ingested the candy, but most likely she won't be, though a lawsuit has been filed:

INDIANAPOLIS — The mother of an 8-year-old autistic boy with severe peanut allergies said Friday that an Indianapolis teacher gave her son a peanut-filled candy bar in hopes of making him sick so he wouldn't go on a field trip.

A lawsuit filed by the boy's mother, Anita Young, alleges that special education teacher Trinda Barocas told a classroom aide that the boy would likely misbehave and "maybe he could be sick enough not to attend and we won't have to deal with it." Young said her son, Jacob, who is mostly nonverbal, gets hives and experiences swelling if he merely touches peanuts.

Officials at Mary Bryan Elementary School in Indianapolis contacted Young in March after classroom aides reported that Barocas mistreated the boy, who was 7 at the time, and another child.

"She knew how severe his allergy was," Young said Friday. "To tempt a child with something that could take their life — honestly, it blows my mind. I think that she should be held accountable for what she's done."

Jacob didn't eat the candy bar, probably because he does not eat unfamiliar foods and didn't recognize its yellow wrapper, his mother said.

Department of Education officials and Marion County prosecutors are investigating.

Barocas, who no longer works at the school, does not have a listed phone number and her lawyer did not return a call seeking comment Friday. She told state investigators earlier this year that the allegations were false and she did nothing to prevent the boy from attending the field trip, according to a Department of Child Services report provided by Young's attorney. A department spokeswoman wouldn't confirm whether the agency investigated the case, citing confidentiality laws.

The lawsuit said one classroom aide told school officials that Barocas treated the boy like a "caged animal" by keeping him for hours in a cubicle that should have been used for short times alone. Barocas also was accused of pinching the boy, standing on his foot so he could not move his leg and grabbing him by the arm to drag him around the classroom.

Young believes criminal charges are warranted.

"I'm outraged. When I think about my son's face — he can't speak — I just have to see the torture in his face," Young said, holding back tears. "It hurts a mother to know that every day I sent him back there."

The lawsuit, filed Sept. 22 in Marion County Circuit Court, seeks unspecified damages and said school officials should have known about the abuse and had a duty to protect the boy.

The school district said in a statement Friday that it filed a report with Child Protection Services immediately upon learning of the alleged abuse on March 16. Barocas was put on administrative leave with pay on March 19 during the investigation. She told the school in February, before the allegations were made, that she would resign at the end of the school year. Officials said it was for reasons unrelated to the abuse.

Barocas had worked at the school since August 2008. It wasn't immediately clear Friday when her employment with Perry Township Schools ended.

The Indiana Department of Child Services reviewed the classroom aides' complaints and found that Barocas, "did not want (the boy) to attend the field trip to the Indianapolis Zoo because of his behavior," according to a DCS report provided by Young's lawyer. "She stated that he did go and did many things that he was not allowed to do. Trinda compared (the boy) to an 18-month-old child several times. Trinda denied that she did anything or said anything to stop (the boy) from coming on the field trip.

The DCS report said aides also claimed Barocas hit a 9-year-old girl with Down syndrome on the lips in an attempt to make her pull her tongue back into her mouth. Barocas told DCS officials that she would tap the girl with two fingers on her mouth as a physical prompt. Barocas said it was a therapeutic technique, not abuse.

In 2007, Barocas was placed on administrative leave in Franklin Community Schools after a nurse told a child's mother that she saw Barocas force-feed the girl, slap her and improperly restrain her, according to The Indianapolis Star. Authorities cleared Barocas in that case.

"I did not, will not and would not hurt a child in my care," Barocas told the newspaper at the time.

Young said her son became more frustrated and angry, and would fight her when she tried to make him go to school at the time of the alleged abuse. He now attends a different school.

"He doesn't fight me to go to school," Young said. "It's wonderful to see him get up and put his backpack on and wait by the door."


Tuesday, September 22, 2009

IN: Lawyer - Teacher’s action not a crime

September 21, 2009

By Jon Murray | Indystar

http://www.theautismnews.com/2009/09/21/lawyer-teachers-action-not-a-crime/

A former Perry Township teacher accused of twice striking a disabled student asked a judge Monday to dismiss his felony battery charges.

Thomas E. Cripe’s attorneys cited Indiana’s corporal punishment protections for educators, spelled out in laws and court rulings dating to the 19th century that give teachers some leeway as long as it isn’t excessive or cruel.

But a prosecutor said comparisons to previous cases missed the point: Cripe’s student was a 20-year-old man with autism and severe mental retardation.

“This young man was anything but an average student, was anything but an average child,” Deputy Prosecutor Tom McLennon said during a hearing in Marion Superior Court.

Judge Marc Rothenberg said he would rule on the motion to dismiss charges by Sept. 29. If he denies the motion, Cripe will stand trial Oct. 7.

Cripe, 65, is now retired and plans to let his teaching license lapse, his attorneys said.

His 17-year career ended after accusations of two incidents days apart in August 2008 at RISE Learning Center, 5391 Shelby St. The school serves special-education students from Southside districts in pre-kindergarten through high school.

Prosecutors charged Cripe with two counts of battery, a Class D felony, each based on accusations that he struck the face of student Brent Mobley. The first incident took place during a diaper change in a bathroom, the second at a classroom table.

Both times, Cripe’s attorneys said, Mobley was unruly and struck the teacher first, and he responded with a light touch after verbal commands failed.

“Those two incidents do not rise to the level of a crime,” defense attorney Andrew Duncan said. “It is our contention that Mr. Cripe was trying to restore order to a classroom where there was a disruptive student.”

Perry Township Schools officials have said striking a student is never acceptable.

Many districts put such prohibitions into policy, but the Indiana Court of Appeals affirmed last year that teachers have some criminal immunity. A panel upheld the dismissal of a misdemeanor battery case against a Beech Grove High School physical education teacher accused of slapping a student.

Mobley’s mother, Mary Leiber, said she hoped Rothenberg would allow Cripe’s case to proceed to trial. Her son, who speaks in two- or three-word sentences, still refers to the incident, she said after the hearing.

Minutes earlier, she told the judge that a full year in Cripe’s room changed her active, energetic son. “He was always very loving,” Leiber said, “until this incident.”

Tuesday, March 17, 2009

IN: Parents of special-ed child file federal lawsuit against HSE

By Tania E. Lopez
Posted: March 17, 2009
http://www.indystar.com/article/20090317/LOCAL0102/903170311/1015/LOCAL01

The parents of a former Hamilton Southeastern special education student -- who they claim was denied access to additional kindergarten sessions as doctors recommended --have taken their fight to federal court.

On Feb. 11, the Indiana Board of Special Education Appeals upheld the decision of an independent hearing officer who ruled Hamilton Southeastern Schools and the Hamilton-Boone-Madison Special Services Cooperative did not have to provide 6-year-old Michael Berns with two half-day sessions of kindergarten a day, as three doctors recommended.

His parents, Amy and Damian Berns, filed the complaint March 12 in U.S. District Court in Indianapolis. According to court documents, the family requested the special services after a heavy cabinet fell on Michael's head when he was at his grandparents' house in October 2007. He was identified as a student in need of special education the following April.

Armed with the doctors' recommendations, the Bernses asked for Michael to attend a morning kindergarten session and a duplicate afternoon session to reaffirm the lessons and help offset memory loss caused by the traumatic brain injury.

The district did not agree with the doctors, court documents show.

Instead, Fishers-based HSE developed an individualized education plan for Michael and would not enroll him in both sessions of kindergarten.

The Bernses requested mediation; the district declined.

The family then went through an unsuccessful case conference followed by the state's due process hearing, where the hearing officer sided with the school, despite the officer finding procedural errors committed by the school and the Carmel-based cooperative.

In federal filing, the Bernses charge Michael as a child with a disability was denied his right to a "free and appropriate public education" as guaranteed by the federal Rehabilitation Act of 1973, and they are seeking reimbursement for the private education they got Michael after the district denied their requests.

HSE will have about 20 days to respond to the filing, said family attorney Mitchell Pote.

But the school district's position has not changed, said spokeswoman Marianna Richards in an e-mail. Richards said a quick review of the complaint seemed to indicate that the issues are similar to those raised in the previous hearing.

She said the Indiana Board of Special Education Appeals' decision to uphold the ruling confirms that the program offered by Hamilton Southeastern provided an appropriate, customized instructional plan for Michael.

Since the case began, Michael and his family have moved from Noblesville to Marion County's Franklin Township, where he now attends South Creek Elementary School.

Wednesday, February 25, 2009

IN: Cop Tasers autistic boy unconscious

Family sues police, school after 9-1-1 called during outburst
http://worldnetdaily.com/index.php?fa=PAGE.view&pageId=89890

Posted: February 24, 2009
11:11 pm Eastern

© 2009 WorldNetDaily


The TASER X26, a top law enforcement model

The family of a 14-year-old autistic boy is suing police and his school after authorities Tasered him until he lost consciousness.

The student attended Creekside Middle School in Carmel, Ind., and remains unnamed in the complaint. He is described as having "affective disorder and has been diagnosed with autism, manic-depressive disorder and bipolar disorder."

According to the lawsuit filed Wednesday in U.S. District Court in Indianapolis, the boy's mother, Dianne Bell, was late dropping him off for school and called to tell the administration. However, the student received detention and became "frustrated and began to act out."

"During this outburst he is saying outrageous things," Bells' attorney, Ronald Frazier, told the Indianapolis Star. He said the student said he would call his gang as retaliation against his teachers.

"They know there is no gang there," Frazier said. "They know he has no way of acting on what he is saying. They are taking these idle threats and calling police."

The family claims the school district did not abide by established procedures for dealing with the outbursts

"When a child like (the Bells' son) starts to have emotional problems, the (individual procedure) is supposed to be followed," Frazier told the Star. "It has specific steps that are to be taken in order to keep the child from melting totally down."

The administration dialed 9-1-1 instead


The family claims Carmel police officer Matthew Kinkade restrained the 5-foot, 90-pound boy and forced him onto a bench in the school lobby. When his outburst continued, the officer allegedly Tasered the boy two times – leaving him unconscious.

"Officer Kinkade used unreasonable and excessive force by failing to follow policies and procedures that were in place for dealing with autistic children," according to the complaint.

The Police Department claims the school never notified officers of the boy's condition, although school officials say they did.

"Autistic children have a great difficulty interpreting what others are thinking or feeling because they don't understand social cues," Frazier told the Star. "(The Bell child) gets confronted with violence, with Tasers, and he is flipping out because of his sensory overload."

Noblesville Police Department Lt. Bruce Barnes trains officers in the use of Tasers.

"You can use the Taser anytime anybody is punching, kicking or threatening to punch or kick," Barnes said. "We can use it when we tell someone to do something, they refuse, lesser-force options are not available and they are a credible threat to you."

Barnes wouldn't speculate about whether the autistic boy actually posed a legitimate threat to police, according to the report.


Sheila Wolfe, director of the Indianapolis-based Autism Education and Training Center, told the Star school officials and police who responded to the outburst actually made it worse.

"You need to step away and leave them alone so that they can decompress," she said. "I have a hard time believing that a trained officer would Taser a child with a disability if they fully understood the situation they were walking into.

"I know from experience that the people in Carmel (Clay schools) know better. As a school system, they have the expertise and they have the people available that know better. I'm surprised."

The Bell family is now suing the Carmel Police Department, officer Matthew Kinkade and Carmel Clay Schools. They are seeking damages for medical expenses, pain, suffering and mental anguish.

Monday, January 12, 2009

IN: Parents to sue Union Co. schools

East Central Special Services also named in notice of intent to seek damages for treatment of former special ed student
BY PAM THARP • CORRESPONDENT • January 12, 2009
http://www.pal-item.com/article/20090112/NEWS01/901120301

LIBERTY, Ind. -- The parents of a former special education student at Liberty Elementary School have filed official notice of their intent to sue the Union County-College Corner Joint School District and East Central Special Services over the care and treatment of their child last fall.

The family is asking for $3 million in damages for each alleged incident, which includes battery, negligent supervision, abuse, negligent infliction of emotional distress, intentional infliction of emotional distress, defamation and gross negligence by elementary school employees, the school district and the special education co-op. Co-op member schools include Western Wayne, Northeastern, Franklin County and Union County schools, with Union County the administering district for the co-op.

The school received notice of the family's claim for damages on Oct. 20, 2008. Notice of a potential lawsuit against a public entity in Indiana is required before a civil suit can be filed. The school board met last month in executive session to discuss the threatened litigation, Superintendent Lynn Sheets said. Sheets declined to comment on the case.

Sheets released the tort claim notice this week in response to a public records request last month by the Palladium-Item. The names of the child and the family were marked out on the notice to comply with student privacy laws, Sheets said. The family is represented by the Indianapolis law firm Frazier & Associates.

The child began attending Liberty Elementary School in August 2008, but parents removed the child from the school on a physician's advice for safety reasons, the notice said. The child had become very upset about attending school and would cry upon arriving there, according to the notice.

Upon the advice of legal counsel, Sheets said he couldn't release the date the child was withdrawn from school nor whether the Department of Child Services did an investigation of the allegations.

According to the notice, on several occasions in September the child was allowed to fall on the floor while using the restroom. The instructional aide is accused of ordering the child by using "abusive and derogatory language" to get up from the floor by taking hold of the toilet rim on a toilet in the nurse's restroom used by ill children, the notice said.

Documentation of the falls and the instructional aide's action leaving the child on the floor are documented in the school's own records, the notice said.

The notice also alleges the child was fondled by another special education student, but school and special education officials refused to move the child from that classroom until the sexual abuse was acknowledged at a case conference in front of a parent advocate. School officials also allegedly ignored the child's mother's request for confidentiality on the sexual abuse issue by telling the parent of the alleged abuser, which resulted in a confrontation between the parents, the notice said.

The elementary school, the school district and East Central Special Services were "either negligent and/or grossly negligent in the hiring, training and supervision of the personnel involved in the incident," the notice said.

Monday, December 8, 2008

IN: Is air at 3 area schools toxic?

Note: Although this isn't technically about abuse, studies have found links between air quality and health and we felt it important enough to share with you.

By Tim Evans and Andy Gammill
Posted: December 8, 2008
http://www.indystar.com/article/20081208/LOCAL/812080356

An investigation by The Indianapolis Star and USA Today found significant levels of potentially harmful pollutants at three metro-area schools. But just how harmful is impossible to know because no one -- local school districts, county health departments or the state's environmental agency -- is actually measuring air quality at schools.

The pollutants, including traces of the carcinogen benzene, were identified during brief monitoring conducted earlier this year by The Star and USA Today outside School 49 in Indianapolis, North Elementary in Noblesville and Pittsboro Elementary in Hendricks County.

The three schools are among thousands in the U.S. where levels of air pollution may pose a health threat to children, based on an examination of data from the U.S. Environmental Protection Agency.

An eight-month review of that data indicates the air outside at least 22 Indiana schools, including Pittsboro, may be even worse than the air in the Cincinnati suburb of Addyston, Ohio, where officials closed Meredith Hitchens Elementary School in 2005 after tests showed high levels of chemicals coming from a plastics plant across the street.

Those findings were bolstered by monitoring conducted at School 49, North Elementary and Pittsboro Elementary, which were among 95 schools in 30 states where air quality was examined as part of the project. Although those were the only metro-area schools where monitoring was done, the EPA data indicate similar problems might be found at many other schools in the state.

Should parents of children who attend these schools be concerned? Nobody really knows for sure. Here's why:

No federal, state or county agencies conduct ongoing monitoring at schools.

The EPA hasn't set a limit for how much of a substance can be in the air before some kind of action is required to cut pollution levels.

Few studies have examined the effects of toxic chemicals on children.

Schools rely on government
"There is more that could and should be done," said Janet McCabe, executive director of the Indiana advocacy group Improving Kids' Environment and a member of the Indianapolis Air Pollution Control Board.

"It would be great to have the ability to spot-check air quality near sensitive sites like schools, day cares and hospital."

That only happens now if a problem is suspected, which may be too late for children exposed to toxins that could affect their health now or later in life. Even then, the lines of authority detailing how such cases should be handled are not clear.

"The Indiana Department of Education is committed to ensuring the health and safety of Indiana students," spokesman Jason Bearce said, "but school air quality and related environmental issues do not fall under our purview."

Richard Myers, the environmental safety and risk management officer for Indianapolis Public Schools, said his department routinely tests air quality inside schools for airflow, oxygen content and the presence of carbon monoxide but not for the presence of heavy metals or other toxic chemicals.

IPS, he said, typically relies on the Air Pollution Control Board and the Marion County Health Department to alert it to potential problems from outside air.

But neither the Indiana Department of Environmental Management nor state and local health departments do widespread, comprehensive monitoring near schools.

Myers was unaware that EPA's models predict School 49 would be in the path of dangerous pollutants. The USA Today analysis suggested that further testing would be warranted there.

The district had expected that local and state environmental agencies would alert it to potential hazards after major problems tied to air pollution were discovered at School 21, Myers said.

Those problems were discovered after officials, responding to complaints from residents, determined that high levels of pollutants created an elevated risk of cancer near School 21, which is not far from Schools 46 and 49. IDEM then sought a grant for a two-year monitoring project, which is winding down. Findings should be made public next year.

"I would have thought after our experiences at School 21 that we would have had concerned regulators already talking to us," Myers said. "Now that we're aware of this situation, we're going to get that information, I guarantee you that."

School Board member W. Diane Arnold, who represents the area that includes School 49, said she had always thought someone in another government agency was responsible for keeping tabs on air pollution and how it might affect children, whether in their schools or in their homes.

"I leave that to the government -- whether city, state or federal, whoever regulates air quality," she said. "Certainly that should be done and the results should be shared not only with us or the parents of the children in our schools but the people in the neighborhoods."

Leo Philbin, superintendent of Northwest Hendricks Schools, which includes Pittsboro Elementary, said he was unaware of any potential health threat from air pollution. He said he would look into the findings.

Need for more information
Experts disagree on whether the levels of dangerous pollutants -- including benzene, chromium, manganese and toluene -- found during the recent monitoring project at the schools pose a serious health threat.

Patrick Breysse, a professor at Johns Hopkins University's School of Public Health, said results from monitoring at the three metro-area schools "point very clearly to the need for systematic evaluation." He worked with USA Today and other Gannett newspapers on the project.

Parents and school officials "should not take these results and abandon their schools," Breysse cautioned. "But they certainly need to start asking people in authority to find out more."

The results, however, are not alarming to William Beranek Jr., president of the Indiana Environmental Institute, a nonpartisan policy institute.

"The levels of benzene (found at the schools) are about the normal concentration you would expect in an urban area," said Beranek, who has a doctorate in chemistry. "That comes from gasoline and the transportation system."

Beranek said the monitoring project was too limited to provide an accurate picture of the potential threat from pollution. Still, he said, it is important to focus attention on air quality near schools and across communities.

McCabe, from Improving Kids' Environment, agreed with Beranek's assessment of the monitoring results.

"I'm not going to say, 'Get those kids out of those schools,' " based on those levels, she said.

Although she would like to see more data, she said that placing monitors at all schools would be cost-prohibitive.

"We'll just never be able to monitor at every school," said McCabe, who headed IDEM's office of air quality from 1998 to 2004.

Instead, she said, school and government officials must do a better job of working together to make other changes that will improve air quality and address specific pollution threats. That can be done by instituting policies such as bans on vehicles idling outside schools and planning that does not allow schools to be built near pollution sources.

She and Beranek said local, state and federal officials also must do more with the information they already have on industrial discharges and from the monitoring that is being done on smog near specific industries.

The USA Today project found that the EPA and many states are not using that information or the EPA's own models to look for potential problems around schools. Ruth McCully, head of the EPA's Office of Children's Health Protection, doesn't see that as her role.

"It's not my job responsibility to initiate those types of activities," said McCully, who took over this year.

Her predecessor, however, said the current system leaves children and parents in limbo.

"There are health and safety standards for adults in the workplace, but there are no standards for children at schools," said Ramona Trovato, former director of the office.

"If a parent complains, there's no law that requires anybody to do anything. It's beyond belief."

Call Star reporter Tim Evans at (317) 444-6204.

USA Today reporters Blake Morrison and Brad Heath contributed to this story.

Tuesday, November 25, 2008

IN: Should School Officials Have Called An Ambulance For Injured Teen?

Dated: 11/24/2008 23:37:26 Updated: 11/24/2008 23:46:32

Story by: Scott Adkins
http://www.abc25.com/dsp_story.cfm?storyid=9916&RequestTimeout=500

HOPKINS CO. - NEWS 25 is getting answers after a teen is badly beaten in the middle of a Tri-State high school.

Hopkins County School administrators confirm they didn't call an ambulance, but the teen's injuries were so bad he had to be transferred from one hospital to another.

This is not your typical high school push-and-shove. Instead, school leaders and the county attorney are calling this a "violent assault," those words from James Lee Stevens, Hopkins County Schools Superintendent.

"What I don't understand is that, that school didn't call an ambulance. He needed an ambulance and they didn't call it. I was terrified when I saw him," Sabrina Hulsey said, the victim's mother.

Superintendent James Stevens said a 17-year-old student assaulted a 16-year-old before classes started at Hopkins County Central High School and was immediately checked by a school nurse.

The victim's mother revealed pictures of her son's injuries to NEWS 25 and, therefore, released the name of the student.

Dakota Hulsey, 16, incurred severe injuries and bruises to his face, including a broken nose and broken facial bone near his eye. His mother also said his jaw, gums and teeth were severely bruised and knocked out of socket.

When Hulsey's mother arrived to Hopkins County Central High, she "barely recognized him. I was just absolutely terrified. His teeth and his face and the blood, I just couldn't believe what I saw," Hulsey said.

Hulsey took the 16-year-old to Regional Medical Center. She says her son's injuries were so bad that he was transported by ambulance to St. Mary's Medical Center in Evansville.

NEWS 25 asked Stevens why school leaders didn't call for medical attention at the high school.

"We're still investigating. A nurse was at the facility. A nurse did look at him and administer first aid. We just have to review through the process," Stevens said. "It's very depressing that we have this. The Board of Education does not tolerate this and we want the safety of our students."
Stevens said there is not surveillance video or pictures of the actual assault. It's unclear what may have provoked the altercation.

The 17-year-old is charged with 4th degree assault, according to Hopkins County Attorney, Todd P'Pool. The teen is set for arraignment on December 1st.

The Hulsey family told NEWS 25 they haven't decided on legal action.