Showing posts with label Ohio. Show all posts
Showing posts with label Ohio. Show all posts

Tuesday, May 4, 2010

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

From Ohio Legal Rights Services:

LRS files complaint in case involving restraint of student with autism

May 3, 2010

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

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

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

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

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

Wednesday, February 10, 2010

OH: 3 Employees Acquitted in Restraint Death



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

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

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

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

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

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

******

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

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


Monday, February 1, 2010

OH: Abuse Case Against Local Teacher Dismissed

Excerpt from WPCO.com

Reported by: Lance Barry
Email: lance.barry@wcpo.com
Last Update: 12:47 pm

http://www.wcpo.com/news/local/story/Abuse-Case-Against-Local-Teacher-Dismissed/9Vn7yrPA4UKuSxb0Wy7u3w.cspx

COLERAIN TWP., Ohio -- A teacher at St. John the Baptist School has been cleared of criminal charges after another teacher turned her in last year for being physical with a child.

Kathleen Winters, 57, of Fairfield saw her disorderly conduct charge dismissed on Friday by Hamilton County Judge Bernie Bouchard.

Winters was cited last October in the alleged incident that dated back to August 26.

*****

Winters allegedly grabbed the arm of a 6-year-old student and pulled him away from a drinking fountain, while lecturing him.

It happened in front of another teacher who had escorted the student to the drinking fountain.

9News has learned the child in question has a medical condition that requires him to rehydrate often.

According to Colerain police, Winters was responsible for a group of students in a gym class. Those students were in line at the fountain when the 6-year-old was allowed in to the fountain.

"This case involved an attempt to maintain order in a classroom," Blankenship said. "There was no injury, no physical force, and no risk of injury. This teacher simply attempted to redirect a student away from the water fountain, since he wasn't supposed to be there. We intend to bring legal action against the school and all of those individuals who were involved in the persecution of this dedicated and innocent teacher."

Wednesday, December 9, 2009

OH: Jessica Logan Suicide - Parents Of Dead Teen Sue School, Friends Over Sexting Harassment

First Posted: 12- 7-09 01:03 PM | Updated: 12- 9-09 01:47 PM

http://www.huffingtonpost.com/2009/12/07/jessica-logan-suicide-par_n_382825.html

The parents of Jessica Logan, a teen who committed suicide a month after graduating from high-school, are suing their daughter's ex-boyfriend, who circulated among his friends a nude photo of Jessica that she had "sexted" (sent via text message) to him while they were dating.

Jessica's parents are also suing the school she attended, Sycamore High, for negligence, as well as several of the teens to whom Jessica's boyfriend showed the picture, for "severe" emotional harassment.

Wired explains:

The suit was filed in Ohio by Cynthia and Albert Logan who say that the students' "degrading sexual insults" caused their 18-year-old daughter Jessica, their only child, severe emotional distress, which led her to kill herself in July 2008, a month after graduating from high school.

The complaint filed by the teen's parents names the city, school district, ex-boyfriend, and the friends to whom he purportedly sent the picture. The couple are seeking punitive damages for discrimination, civil rights violations, the invasion of privacy, and emotional distress, reports theCourthouse News Service.

The Courthouse News Service explains,

According to the federal complaint, the late Jessica Logan sent a nude picture of herself, from her neck down, to her boyfriend, defendant Ryan Salyers. After they broke up, he "proceeded to disseminate the photo of Jessica to a large number of other students at Sycamore High School and Loveland High School," according to the complaint.

Jessica Logan's parents and friends, interviewed here about the girl's sexting-related suicide here, report that the troubled teen suffered harassment both in school and out after her "sexted" photo was distributed among her peers.

Logan tried to get help from guidance counselors at her highschool, Sycamore High, as well as local police, but was unable to stop the namecalling, teasing, and harassment.

Jessica Logan's mother, Cynthia, told WLWT news about her daughter's plight:

She was called filthy names, things thrown at her [...] Every single place she went they knew about that picture, they saw the picture. They knew about the picture! It's abuse. She was abused.


Jessica's friends and mother report that she would skip school or hide in the bathroom at school in an attempt to avoid the her peers, who reportedly called her a "slut," "whore" and "skank."

After attending the funeral for a friend who had committed suicide in July 2008, Jessica Logan came home and killed herself by hanging herself in her room.

Her mother told WLWT in an interview that when she found her daughter's body, "her cell phone was in the middle of the floor."

A recently released study found that over one quarter of teens had engaged in "sexting" ("sharing sexually explicit photos, videos and chat by cell phone or online"), and that a third of young adults had engaged in the practice.

It doesn't stop there -- The AP notes, "Seventeen percent of people who received naked pictures said they passed them along to someone else, often to more than just one person."

Watch MSNBC's coverage of the Jessica Logan story, which includes clips of an interview Jessica did two months before committing suicide, in the video below.

A full copy of the Logan's federal complain is available from Courthouse News Service here.

Sunday, October 11, 2009

OH: Boy Bites Teacher During Restraint

October 11, 2009

Newsvine.com reports that a teacher and a student were both taken a hospital after the child bit the teacher who was physically restraining him; the teacher for medical treatment, the child for a psychological evaluation.

The incident occurred in the principal's office at Patterson-Kennedy Elementary School, which is located in the Dayton City School District in Dayton, OH.

According to the article, "[t]he boy began throwing things in the office and had to be restrained by Green."

Unfortunately, the article does not mention whether this child was eligible for or receiving special education, or what the child had done in the classroom to land himself in the assistant principal's office.



Saturday, October 10, 2009

OH: Pediatrician Accused of Sexually Abusing Patients

Man testifies Blankenburg abuse started at age 9

Expert says thousands of photos seized from pediatrician's residence are examples of 'child erotica'

By Lauren Pack, Staff WriterUpdated 1:05 AM Saturday, October 10, 2009

HAMILTON — A fourth man testified Friday, Oct. 9, against Dr. Mark Blankenburg, a Hamilton pediatrician accused of molesting young patients and paying them hush money.

The trial was in its fifth day in Butler County Common Pleas Court.

The man, now 24, described how Blankenburg first fondled him at the age of 9. He said the molestation continued, an estimated 30 to 40 times, until he moved away at the age of 15.

He said Blankenburg played a “game” with his private area and all the time the doctor had a “big smile, looking right in my eyes.”

“He (Blankenburg) would take my (private area) and say ‘shaky, shaky,’ ” the man testified.

After the first encounter, the man said Blankenburg gave him $10 and told him to go buy a toy.

“I didn’t like it at all, I felt uncomfortable,” the man said.

Earlier this week, three men also testified they were molested by the doctor as teenage patients, but continued to go back to the doctor because he gave them prescriptions for drugs and thousands of dollars.

During cross-examination, defense attorney Michael Shanks said the man’s medical records did not indicate that he visited Blankenburg’s office 30 to 40 times between the ages of 9 and 15.

Also testifying Friday was the grandmother of one of the accusers who said she called Blankenburg’s office to confront him after her 16-year-old grandson came home with pills and money.

A prosecution expert witness, Dr. Sharon Cooper, a forensic pediatrician, was on the stand for four hours Friday. She said photos of area high school athletes found in Blankenburg’s residence are consistent with “child erotica.”

The trial continues at 9 a.m. Monday.

Witness testifies about thousands of photographs seized at Blankenburg’s home

After the last of four men allegedly abused by Hamilton pediatrician Dr. Mark Blankenburg took the stand Friday, Oct. 9, an expert witness described thousands of photos allegedly taken by the doctor as “child erotica.”

Dr. Sharon Cooper, the head of Developmental and Forensic Pediatrics, a North Carolina consulting firm that provides medical care, training and expert witness experience in child maltreatment cases, as well as medical care for children with disabilities, pointed to photos of the posterior of a football player as being consistent with child erotica. She also said the same of a wrestler photo with his legs spread and a shirtless soccer player — the subject of a 2-inch stack of photos — lying in the grass.

She testified in Butler County Common Pleas Court that many of the photos focused on body parts of young men, showing no faces. Some of the subjects were captured hundreds of times and displayed in photo albums.

An adolescent boy pushing a cart at the local grocery store was the subject of about 40 photographs, approximately 30 of them focused on his back side. Cooper noted again, they were consistent with child erotica.

Cooper said some photos on their own may not appear to be suspect, but put together in a collection of thousands of the same type of photos, they become child erotica.

“Child erotica is any type of visual depiction, written depiction or physical object,” that are used for sexual gratification, she said.

The photos identified by Cooper were seized during a search of Blankenburg’s home on Susan Drive.

The defense team spent much of Friday taking shots at her credibility and narrowing specifically which subjects she could discuss in testimony.

Cooper’s work includes dealing with numerous national and international investigative agencies on cases of Internet crimes against children. She told Judge Keith Spaeth she has testified in more than 300 court cases, but during arguments out of the presence of the jury, Assistant Prosecutor Lance Salyers said he would ask Cooper to give a description of child erotica and instructed her to determine whether thousands of photos of high school athletes found in Blankenburg’s home are examples of it.

Spaeth ruled Cooper could testify whether the photos were examples of child erotica, but said she could not make reference to the motive of the person who took them.

The collection of photos are proof of “a particular sexual attraction to teenage boys,” said Salyers.

Blankenburg and his twin brother, Dr. Scott Blankenburg, a Fairfield pediatrician, were on the sidelines at Hamilton High School athletic events for years taking pictures with league-issued passes. The brothers handed out packets of photos to athletes at the end of the season.

Cooper also described the behavior of sexually abused children, stating many have long-term problems, including post-traumatic stress disorder, depression and poor performance in school. They also may abuse drugs and alcohol, and may have criminal difficulties later in life, she said.

Three of the accusers described abusing drugs and alcohol, and one, a 29-year-old man, is serving an 81-year prison sentence for a botched bank robbery and shooting a police officer.

Earlier Friday, the grandmother of one of the accusers took the stand, saying her grandson became withdrawn early in life.

The grandson, a 29-year-old man who is serving a prison sentence, testified Thursday he was fondled by Blankenburg as a child. He said the act progressed to oral sex when he was a teenager and said he had a seven-year relationship with the doctor from the ages of 18 to 25.

The man said he did it for drugs and money.

The grandmother choked back tears as she remembered letting her grandson go into the examination room alone.

She said her grandson was an energetic, happy-go-lucky boy until he became withdrawn around the age of 10. In his teenage years, he became rebellious, she said. On one occasion, the grandmother said she remembers denying her grandson money, and he told her he would get it from the “doc.”

Thursday, July 16, 2009

OH: New budget includes ban on Corporal Punishment

Wednesday, July 15, 2009
Reginald Fields
Plain Dealer Bureau Chief

Look deep enough in the 3,500-page budget bill and you will also find a hodge-podge of items that don't seem to have an obvious connection to the state's bottom line: things that involve studying fish, smoking in prisons and reciting the Pledge of Allegiance.

Slipping these items into the all-important budget bill puts them on a fast track, avoiding the sometimes slow and contentious Statehouse law-making process.

As Gov. Ted Strickland readies his pen to strike out a few items before signing off on the rest of the $51 billion, two-year budget, he will find a few of those well-meaning but seemingly out-of-place issues awaiting his review.

From Page 2: http://www.cleveland.com/news/plaindealer/index.ssf?/base/news/124764827587010.xml&coll=2&thispage=2

Corporal punishment:

Paddling and other forms of corporal punishment in public schools is out. This was a Strickland idea that survived largely unscathed through the budget process.

At least 29 other states already ban corporal punishment in schools but similar bills in recent years in Ohio have died in legislative committee rooms.

The truth is, most Ohio schools no longer use paddling to control students, but a few still do - at least until the governor swats the punishment away by signing the budget bill.

Monday, May 11, 2009

OH: Officials want ban on face-down restraint

COLUMBUS, Ohio - Ohio behavioral services officials want the state to ban a form of restraint blamed for the death of a 17-year-old girl at a Cleveland treatment center last year, according to a report obtained by The Associated Press.

State agencies that oversee homes and treatment centers for troubled or disabled youth and adults want to prohibit the control technique that forces patients to lie face down while being restrained, according to a two-page task force report released in response to a Freedom of Information request.

The report cites overwhelming evidence that the technique carries a high risk of serious injury or death. The only exception is in the case of "an identified overriding medical necessity," the report says.

"There is just not any evidence that we can find anywhere that these restraints are safe," Michael Rench, community services deputy director for the Ohio Department of Mental Retardation and Developmental Disabilities, said in an interview Thursday.

"When you're pushing somebody down on the floor face first and you're putting any weight on the back of them, you're beginning to cause problems with the lungs and other parts of the body," said Rench, who headed the task force.

Rench said other techniques, including other types of holds, are not as risky.

The recommendation will go to Gov. Ted Strickland for his review.

The Cuyahoga County Coroner ruled the Dec. 13 death of Faith Finley a homicide, saying the disruptive girl choked on vomit and suffocated at a church-run treatment center while being held in a face-down position. Parmadale Family Services fired three workers involved in the incident, saying they did not follow the center's policies.

Mental disability agencies in Ohio and other states have already banned the restraint or looked at ways to limit physical restraints, according to a survey by the National Association of State Directors of Developmental Disabilities Services.

Virginia regulations prohibit staff in state disability hospitals from lying on or applying pressure to a patient's chest "while the client is in a prone or supine position." Vermont's disability agency bans restraints in which individuals are lying face down or on the ground. In 2006, the Office of Mental Retardation in neighboring Pennsylvania recommended moving toward the elimination of all restraints.

A 2006 study by Cornell University researchers documented 44 deaths nationally of children who died in treatment facilities because of physical holds or other restraints. But several factors can contribute to such deaths, including applying a restraint in the wrong way or not being aware of a patient's pre-existing medical condition, said Martha Holden, one of the study's co-authors.

Holden is wary of states banning a particular type of position because it can send the message that other restraints are always safe.

"They all have risks," she said. "Our message is to try to emphasize that it is a high-risk intervention regardless of what techniques you use."

Rench said his task force considered that concern.

"We understand that there needs to be a use at times of some sort of a physical restraint," he said. "But we want it done in an appropriate and well-thought out and well-trained manner."

,,,

On the Net:

Survey of state disability agencies' approach to restraints:http://www.nasddds.org/RestrictiveProcedures/index.shtml

OH: Governor Ted Strickland expected to sign order banning restraint that led to death of Faith Finley at Parmadale

State officials are recommending that a type of restraint believed to have caused the death of a 17-year-old last year be banned in agencies that deal with youths and those who are disabled, mentally ill or addicted to drugs.

Gov. Ted Strickland is expected to sign an executive order adopting the recommendations.

The report said the use of restraint should be a last resort and the exception rather than the norm.

It also called for a change in the culture of organizations to reduce the need for physical restraints.

The panel was formed several months after Faith Finley died after being restrained at Parmadale, a center for youths with behavior problems. In December, Parma police investigated Finley's death, which was ruled a homicide, but prosecutors have yet to say whether they plan to file charges.

The recommendations allow so-called "prone containment" at some facilities, under special conditions. State officials say that prone containment is for a brief time, while the restraint is for an extended period.

The Ohio Legal Rights Service, an advocate for those with disabilities, told the panel that it believes prone containment is still a type of face-down restraint and can be dangerous and potentially lethal.

To reach this Plain Dealer reporter:

rdissell@plaind.com, 216-999-4121


Thursday, April 2, 2009

OH: Teen Commits Suicide Due to Bullying - Parents Sue School for Son's Death

Family Wants No Money but Insists School Address Bullying and Three Other Suicides


"How many suicides is enough?"







Eric Mohat, 17, was harassed so mercilessly in high school that when one bully said publicly in class, "Why don't you go home and shoot yourself, no one will miss you," he did.

Now his parents, William and Janis Mohat of Mentor, Ohio, have filed a lawsuit in federal court, saying that their son endured name-calling, teasing, constant pushing and shoving and hitting in front of school officials who should have protected him.

The lawsuit -- filed March 27, alleges that the quiet but likable boy, who was involved in theater and music, was called "gay," "fag," "queer" and "homo" and often in front of his teachers. Most of the harassment took place in math class and the teacher -- an athletic coach -- was accused of failing to protect the boy.

"When you lose a child like this it destroys you in ways you can't even describe," Eric Mohat's father told ABCNews.com.

The parents aren't seeking any compensation; rather, they are asking that Mentor High School recognize their son's death as a "bullicide" and put in place what they believe is a badly needed anti-bullying program.

The lawsuit, filed in the U.S. District Court for the Northern District of Ohio, names school administrators Jacqueline A. Hoynes and Joseph Spiccia, as well as math teacher Thomas M. Horvath. None would comment on the allegations.

Parents Say Three Other Students Killed Themselves
The Mohats also claim that bullying was a "significant factor" in the deaths of three other students in Eric Mohat's class in 2007.

Mentor high school officials confirmed that a girl and two other boys in Eric's class had killed themselves in 2007.

According to Janet Klee, a counselor at Chrysalis, a suicide survivors support group, who counseled two of the surviving families, the suicides were connected to bullying.

"These kids," said Klee, "were extremely bright, and [the bullies] thought they were nerds. I say that not in a derogative but in a good sense. These were good kids who were easy targets for bullying."

Dan Hughes, whose son Brandon was a friend of Eric's, said he had withdrawn his son from Mentor High School after he was relentlessly bullied. Brandon, now 19 and working, wrote a suicide note, citing the taunts, two weeks after Eric Mohat's death.

"What it boils down to is the football players, cheerleaders and kids with money have a different set of rules than everybody else," Hughes told ABCNews.com.

"It's not that much out of the ordinary, and the disturbing part is the school is more concerned about sweeping it under the rug than getting to the bottom of what's going on," he said.

Suicide-Bullying Connection
The National Youth Violence Prevention Resource Center estimates that nearly 30 percent of American youth are either a bully or a target of bullying.

According to the U.S. Centers for Disease Control and Prevention, which established the resource center after the Columbine shootings in 1999, every day an estimated 160,000 kids nationwide stay home from school because they are afraid of being bullied.

In addition, researchers at the Yale School of Medicine, in a new review of studies from 13 countries, have found signs of an apparent connection between bullying, being bullied and suicide.

Almost all found connections between being bullied and suicidal thoughts among children. Five reported that bullying victims were two to nine times more likely to report suicidal thoughts than were other children.

In October, 14-year-old Jeremiah Lasater, who had been taunted and even had food thrown at him during lunch, locked himself in his Acton, Calif., high school bathroom and shot himself in the head.

In 2006, a St. Louis 13-year-old killed herself in a cyberbullying case. After she was taunted over the Internet, Megan Meier hanged herself in the closet of her family's home. Friends later said the suicide was triggered by a message, "The world would be a better place without you."

'Twiggy' Teased With Gay Slurs
Eric Mohat -- whose friends knew him as "Twiggy" for his lean, 6-foot-1-inch, 112-pound physique -- had a dry wit and musical talent, according to his mother, Jan Mohat. He had played piano for 13 years, enjoyed video games, anime, Harry Potter books and "cracking puzzles."

"By all indications he was a very nice, typical high school kid, kind of quiet and shy, but outgoing with his little group of friends," said the family's lawyer Ken Myers. "He seemed to have a quirky sense of humor and was also very sensitive."

The bullying "accumulated over time," Myers told ABCNews.com. "In math class, two or three picked on him constantly and mercilessly. Most of it was verbal, but they did some things like sitting behind him and flicking him in the ear, sticking stuff in his hoodie and putting eraser shavings on his head. Out of class they would shove him in lockers."

Much of the taunting was related to him being considered gay, though Eric Mohat's parents said the teen "didn't identify himself that way," Myers said.

"He may have looked effeminate, was in theater and would wear bright clothes," said Myers. "He was a skinny kid, and so the kids found something that bothered him and went for that."

The parents say Eric Mohat routinely ignored the teasing but complained to the teacher, who responded by moving the bullies' desks.

"The next day, they were back and it made it worse," said Myers. "They may have thought he was a snitch and the parents didn't know how bad it was."

Bullies Showed No Remorse
But March 29, 2007, one bully pushed Eric Mohat too far with a remark about killing himself, the lawsuit alleges. The teen took a legally registered gun from his father's bureau drawer, locked himself in his room and shot himself in the head.

At the time, Eric Mohat's older sister, Erin, was on a treadmill exercising. His after-school employer called their home to find out why he had not shown up at work.

Erin Mohat found her brother's body in his bedroom and called 911. Now 21, his sister is studying to be a school psychologist, something Jan Mohat said is now "a calling."

"My sister is my hero," Eric Mohat had written on his MySpace page, though she was too late to save him.

Later authorities found a story Eric Mohat had begun to write about bullying. Days before, he had told his mother about the nonstop taunts in both class and in the hallways of the high school.

The family said school officials had been resistant to cooperate in the investigation and had insisted bullying was not a problem; the bullies never showed remorse.

"This is the first we heard that a suit was filed," said Justin Maynor, communications director for the Mentor Public School District. "We had a hunch it was coming."

Mentor High School, with 2,900 students, is one of the largest high schools in Ohio. It sits in a predominantly white, upper middle-class community surrounded by malls, 30 miles east of Cleveland.

In February 2008, the school beefed up security after a threat of violence, according to a report in the Cleveland Plain Dealer. One commenter on the newspaper's Web site responded, "Well, in my opinion, Mentor High is entirely too large and too crowded. ...With all those kids crammed in there, there's bound to be some fights."

But school officials said that was an isolated incident. "Generally, there is a very low incidence of violence at the school," said Maynor. "Considering its population, it's a relatively serene place."

Maynor confirmed that there had been "several" student suicides in the "last couple of years," but he said that they had no connection to bullying. He said the school had "come a long way" in combating bullying and addressing "social sensitivities."

School Says No Bully Problem
"We don't believe it's a problem," Maynor told ABCNews.com. "We have a program of anti-bullying education to raise awareness for students about what constitutes bullying and differences among students."

The school uses the Olweus Anti-bullying program, but the Mohats said the program is ineffective for high school students. According to Olweus, which is based at Clemson University in Georgia, the program is designed for elementary and middle school children.

"The basic idea of Olweus is that a lot of kids are acting as bullies because they feel bad about themselves and it raises self-esteem," Mohat said. "But when a 200-pound linebacker hits a 100-pound kid, how can it help? He's already the alpha male in building."

A 2007 review of the Olweus program in the Journal of Adolsecent Health concludes that it "had some mixed positive effects varying by gender, ethnicity/race and grade but no overall effect."

The Mohats allege that school officials urged students not to cooperate with the police investigation. "Nobody would take this seriously," said Myers. "We saw this horrendous bullying and no one could stop it."

The family was "trying to pick up the pieces and move on" when they learned there were other suicides in Eric Mohat's class that year, according to Myers. After the police investigation, the family wanted to "hold school officials accountable."

With the second anniversary of Eric Mohat's death and what would have been his 19th birthday this month, Jan Mohat said, "You could accept it if it were an accident, but the way he went is just not right."

"According to the kids who talked to us, his class was hell on earth," she said. But school officials took the attitude that "they are just being kids, boys are just being boys."

"When he came on and told us about what going on, I said I need to be involved, but he said, 'No, it's under control,' that the teacher had caught them and handled it," said his mother.

But days before the suicide, Eric Mohat told his mother, "I get picked on every day and I've got a whole nine weeks left. I can't do this anymore."

"We never had a chance to help him," she said, choking back tears.

"It shouldn't require legal action to get the school system to pay more attention to bullying than they do to their sports programs," said his father. "How many suicides is enough?"

ABC News' information specialist Melissa Lenderman contributed to this report.

Thursday, February 26, 2009

OH: Teacher Accused Of Assaulting Student With Special Needs

By Denise Yost
Managing Editor, nbc4i.com
Published: February 25, 2009
http://www.nbc4i.com/cmh/news/local/article/teacher_accused_of_assaulting_student_with_special_needs/13226/

GROVE CITY, Ohio—A Central Ohio teacher is in hot water after police said she assaulted a child with special needs at school.

The alleged incident occurred on Feb. 2 at Grove City High School, where police allege 40-year-old teacher Robin Hartman assaulted one of her students, NBC 4‘s Tom Brockman reported.

Witness reports indicated the incident began when Hartman and a student who has Asperger’s Syndrome began exchanging words.

The report said that when the student refused to get up from his desk and go into the hall, the teacher allegedly lifted his chair and forced him to stand before pushing him into the hallway while yelling at him.

When the student allegedly made an obscene remark to the teacher, she allegedly responded by saying, ‘You don’t talk to me like that,‘ grabbed him by the back of his neck and led him to the kitchen area of the classroom.

Witnesses then reported hearing a “thug” noise and saw Hartman slam the door.

When NBC 4 went to her Worthington home for comment on the allegations, she refused comment and asked that we speak to her attorney.

School officials said Hartman has been placed on paid administrative leave while the investigation is conducted.

Thursday, February 12, 2009

OH: Rittman teacher accused of sexual misconduct

By Beacon Journal staff
POSTED: 02:08 p.m. EST, Feb 09, 2009
http://www.ohio.com/news/break_news/39322042.html

A 34-year-old female English teacher at Rittman High School was arrested Sunday for alleged inappropriate sexual conduct involving two male students.

Orrville police have charged Erin M. Speicher with one
count of sexual battery, a third-degree felony.

Speicher appeared in Wayne County Municipal Court via video from the county jail this morning. A preliminary hearing was scheduled for Feb. 18.

Cash bond was set at $75,000.

Rittman Superintendent Jon Ritchie said the alleged incidents occurred at Speicher's home in Orrville. He said school officials cooperated with investigations involving Orrville and Rittman police that were triggered by a parent complaint last week.

Speicher, who was hired in 1996, resigned Friday. She taught ninth-grade English and was the junior class advisor.

Ritchie said he believes Rittman was her first teaching assignment.

Monday, January 26, 2009

OH: Parmadale death prompts Governor Ted Strickland to seek policy on restraints

Parmadale death prompts state effort
Saturday, January 24, 2009
Rachel Dissell
Plain Dealer Reporter
http://www.cleveland.com/news/plaindealer/index.ssf?/base/cuyahoga/1232791232151770.xml&coll=2

Gov. Ted Strickland has called for a single statewide policy on the use of restraints like the one that contributed to the death of a 17-year-old at a center for troubled children last month.

John Martin, director of the Department of Mental Retardation and Developmental Disabilities, which banned the dangerous face-down restraint last year in agencies it licenses, will head the effort. Martin said he hopes for the prone-restraint ban to be adopted statewide.

Authorities have said the restraint, which holds a person with face to the floor, contributed to the death of Faith Finley at Parmadale Family Services in Parma, which is run by Catholic Charities.

Cuyahoga County Coroner Frank Miller said she suffocated while being held in the restraint. Her death has been ruled a homicide. Faith's death caught the governor's attention, Strickland spokesman Keith Dailey said.

He said the governor had "grave concerns" about how the teen died.

In a memo to other state departments Friday, Martin called for the group that will craft policy recommendations to convene next week.

Ohio is among the states that have piecemeal regulation and tracking of the use of restraints.

Ohio has no central policy and leaves it up to individual agencies to set their own procedures.

There also is no one place that collects reports of injuries, deaths or other problems arising from the use of restraints.

Agencies that deal with children and the disabled in at least 14 other states have severely curtailed or banned some restraints - most commonly face-down restraints. The committee also will discuss collecting data on the use of restraints statewide.

Michael Rench, deputy director of community services for Martin's agency, said the committee's immediate business will be to move toward banning more-dangerous restraints by sharing his department's research on the prone restraint.

The committee would then work to craft further policy that moves away from relying on restraints in favor of other more positive intervention methods.

Agencies asked for input are: the Department of Youth Services, State Board of Education, Alcohol & Drug Addiction Services, the Department of Mental Health and the Department of Job and Family Services - the agency that licensed the Parmadale cottage where Faith died.

Bob Bowen, a trainer based in the Canton area who works with agencies that care for children, the mentally ill and people with disabilities, said the new policies need to, among other things, clearly define the term restraint and set limits for how long a person can be restrained.

"There are more regulations on how to humanely treat animals than people," said Bowen. The company no longer teaches any form of restraint that positions a person on the floor.

The Children's Health Act of 2000, passed after a series of articles in the Hartford Courant in Connecticut, chronicled 142 restraint-related deaths nationwide, limited the use of restraints and called on states to create policies about their use.

Bowen said that most have not complied and that there has been little enforcement of the act.

Thomas Hemmert, of the Ohio Legal Rights Service, an advocacy agency for the disabled, said his group was looking forward to the state banning the prone restraint and establishing standards that move toward other intervention.

Martin said that moving away from restraints altogether would take time.

"It's a kind of culture change and it's not something that occurs overnight," he said. "It's kind of our approach to get people to move forward voluntarily."

To reach this Plain Dealer reporter:

rdissell@plaind.com, 216-999-4121

Sunday, January 25, 2009

Ohio school uses communication tools, behavior plans to help students with special needs; Uses Time Out Rooms

Note: This school seems to be doing a lot of the right things to help these children; it's their use of "deterents" to manage "inappropriate behaviors" - including the use of a padded time out room - that has us concerned...

By Erin Pustay
GateHouse News Service
Posted Jan 25, 2009 @ 05:22 PM
http://www.metrowestdailynews.com/education/x403278077/Ohio-school-uses-communication-tools-behavior-plans-to-help-students-with-special-needs

CANTON, Ohio — Sometimes, Samantha can’t find the right words to say. When she does, they sometimes don’t come out as clearly as she intends. Even then, the little girl is not deterred.

She smiles, waves her hands in the air with excitement and bounds around her classroom looking for toys and knick knacks to show off to guests.

Settling into her desk, she points to a small purple-colored computer touch-screen and beams. Turning her attention to the screen she concentrates hard, tapping her index finger on her chin before clicking her fingernail against the screen

Click-click-click.

“I want throw the toys,” the touch screen’s computerized voice says and Samantha giggles.

Throw the toys?

A couple of taps of the computer screen later and Samantha said what she was hoping to convey the first time.

“I want throw the toys golden retriever.”

Samantha claps her hands. Finally, she said exactly what she wanted: It’s nearing the end of the school day at Rebecca Stallman Southgate School in Canton, and Samantha wanted her friends to know that she can’t wait to get home to play fetch with her dog – a golden retriever.

The little touch screen box that allows Samantha to construct and clearly communicate her thoughts, wants and needs at the tap of a finger has opened up a whole new world to the little girl.

And she’s not alone.

According to Myrna Blosser, principal at Southgate School – a K-12 building that provides services to 165 individuals with mental retardation and developmental disabilities – one of the most frustrating things for some students is not being able to clearly communicate. Through devices such as the touch-screen computer or a picture book, students are able to focus more on learning and spend less time worrying about saying the right thing.

And, Blosser added, you’d be surprised the difference a little communication makes in the life of the MRDD children.

“Communication is huge for us,” Blosser said. “Communication opens up a big world for them. In fact, because of that, behavior issues are decreasing.”

Over the last five years as research and technology provided students with more tools for communication, Stallman has seen a decrease not only in the number of incidents in which students will act out, but also in the severity of those actions, Blosser said.

Lashing out

Students with mental retardation or developmental disabilities can sometimes struggle with behavior issues. For one reason or another, students can sometimes lash out. They will hit, kick, punch, spit, pull hair or even throw furniture. When a student acts out in a way that could bring harm to themselves, a teacher or another student, that behavior must be immediately dealt with.

The Stark County Board of MRDD provides more than 20 pages of behavior support procedure information for teachers, staff and employees. Yet, the course of action required for aggressive behavior issues varies from student to student at Southgate.

Every student at Southgate has a behavior support plan that is tailored specifically to their needs. The students' parents, teachers and support staff who work closely with the child will help to develop the plan.

“When we develop a behavior support plan, we take into consideration who the individual is, from their functioning age to their mental age to their medical conditions,” Southgate behavior specialist Norene McEowen said.

The behavior support plans encourage or deter behavior by using predetermined rewards or punishments. The goal, though, is to encourage positive behavior through rewards and reinforcements.

“We focus on the positives,” McEowen said. “We build relationships with the students and we get to know more about them – things they like and dislike.”

Each individual’s behavior support plan defines which incentives and deterrents can be used to encourage or correct behaviors. Incentives are based on the individual child’s likes while the deterrents are defined by the child’s specific needs.

In addition to defining which rewards and punishments can be used, the individual support plans detail what defines each degree of behavior and which actions call for which incentives and deterrents.

The plan, according to McEowen, is changed annually and re-evaluated monthly.

When a student’s behavior is aggressive enough – that is the student, by acting out, is putting their own or another’s safety in danger – they may need to be restrained or put in a time-out room.

Time-out rooms

In November, time-out rooms were brought to the national spotlight when a 13-year-old Georgia boy committed suicide shortly after being placed in a time-out room at school. The room, according to a CNN article published in December, was described as something “akin to a prison cell – a concrete room latched from the outside, its small window covered with a piece of paper.”

At Rebecca Stallman School, the time-out rooms are similar to, but not as archaic as, the rooms the CNN article describes. The rooms are not large, but not cramped. They have no windows and are padded so that students could not hurt themselves by flinging their weight into the walls. The rooms, though well lit, are not extremely bright so as to help calm the student.

There are no windows on the door, but there are a pair of peep holes so a staff person can monitor the student the entire time he or she is in there.

Additionally, the doors to the rooms are fitted with a device that will open the door if a staff person walks away from it. No student, Blosser emphasized, could be placed in one of the rooms and forgotten about.

Not all students are allowed to be placed in time-out. Only those who have individual support plans that allow for the deterrent to be used can be placed in time-out. Students can be in the room for no longer than one hour at a time and for no more than two hours within a 24-hour period.

Most often, McEowen said, the student will be in the room for 15 minute increments. Usually, that is all the time it takes for him or her to calm down.

Additionally, the rooms’ specifications and all of the procedures for monitoring students in time-out are in compliance with the Ohio Department of Education, the Ohio Department of MRDD and The Stark County Board of MRDD.

The purpose of the rooms, McEowen said, is to remove the student from an environment that may be fueling the behavioral outburst and give that student a chance to calm down by spending just a few minutes by him or herself.

That tactic, though, may not be effective for all students and that is why the individual behavior support plans are so important, Blosser said.

Last resort

The decision to place the student in time-out is done only when all other attempts to calm the child have failed.

“Time-out rooms,” Blosser said, “are only used as a last resort.” And, she added, only when absolutely necessary.

For example, a student who has problems following directions in a timely manner would not be placed in a time-out room. Instead, a staff person may encourage the student to follow directions in order to earn a reward, such as watching a DVD.

If, in a fit of rage, the student began throwing furniture in his or her classroom and several attempts to calm the child did not work, the child might be placed in the time-out room.

Because parents have a part in developing their child’s behavior support plan, they understand what the time-out room is, how it used and when it will be used. They are always in the loop because behavioral incidents – those good and bad – are documented along with the positive or negative consequence for each.

“We try to place an emphasis on the positive things instead of the punitive ones,” Blosser said. “When (we enact) the plan, we look to see what positive things we can do (to encourage behavior) first.”

For example, Stallman school has several timers. The timers, which look just like a clock, can be set for as long as 60 minutes. The total amount of time left on the timer can be better visualized by a red circle that disappears as the minutes tick by. The less red on the clock face, the closer a student is to being done with the task.

For some students, that visual reminder is enough to keep them on task because they know, when the red is gone, they get to do something they enjoy, such as eating lunch or watching a film. They can better understand the term “five minutes” or “10 minutes” and do not get overly anxious or frustrated because of the communication break down.

Communication

Blosser and her team have discovered that giving the children ways to more accurately and openly communicate wants and needs will drastically cut down on behavioral issues.

“Communication is the bridge we needed,” McEowen said.

According to Blosser, many of the aggressive behaviors the school staff saw may have been a direct result of frustrations boiling over. A student who was unable to convey that they needed a break, had to go to the bathroom, wanted a drink of water or was just feeling sad would become more and more frustrated as attempts to verbalize their thoughts or feelings were met with confusion.

Using devices like the touch screen computers or a picture book that allows the students to construct sentences brings down those communication divider walls and allows for the school day to run more smoothly.

“We want this to be a place where (students thrive),” Blosser said. “We think we have a really good niche with the support services we offer and the support staff we have.”

Wednesday, January 14, 2009

OH: Boy hospitalized after being struck by Cleveland school bus

Posted by Stan Donaldson/Plain Dealer Reporter
January 13, 2009 17:56PM
http://blog.cleveland.com/metro/2009/01/boy_hospitalized_after_being_s.html

Taylor Price liked to ride his bike to school, even on cold winter mornings in Cleveland.
But on Tuesday, the 14-year-old James Ford Rhodes High School student's ride ended with him in the hospital after police said a school bus driver struck him in a hit-skip accident.

Cleveland police arrested school district driver Cheryl Hill, 49, several hours after the 6:30 a.m. accident on suspicion of leaving the scene. Hill, of Cleveland, who has worked for the district since 1989, was placed on paid leave.

Police Lt. Thomas Stacho said the boy was hit on Fulton Road near Interstate 71 as he made his way to school. Taylor was in critical condition Tuesday night at MetroHealth Medical Center in Cleveland.

The boy's stepfather, Eric Banks, said that Taylor broke both his legs and suffered a punctured lung, broken collarbone and other injuries. He said the boy is unconscious.

"I know stuff happens, but she could have at least stopped, got out and checked thoroughly to make sure she did not hit anyone," Banks said.

Stacho said a witness came into the 2nd District station at 6:45 a.m. and told police a boy was lying in the street. The witness, a woman, left the station without being questioned but told police a yellow bus had left the area.

Stacho said police went to the scene and did not see the boy but were notified that the teen had been taken to the hospital by an emergency medical crew. Police asked for help from school officials, who later that day reported that one of their drivers had probably hit the boy.

Stacho said Hill told police she thought she hit a pothole. Later during her route, the bus driver and a parent saw the bike hanging from the bus.

Banks said a man knocked on the door of the family's West 44th Street home and told him and Taylor's mother that the youth had been hit by a bus.

He said the man took Taylor's mother to the hospital.

"It was very nice of the man to do that for us today," Banks said. "We still really don't know what happened."

Stacho said the accident is under investigation and said police are asking anyone with information to contact Cleveland police.

Saturday, January 10, 2009

OH: Faith Finley died after being restrained in controversial position


NOTE: How many more children must die before improper, dangerous interventions stop? Our hearts go out to this family....

Posted by Rachel Dissell/Plain Dealer Reporter January 10, 2009 07:00AM
http://blog.cleveland.com/metro/2009/01/faith_finley_died_after_being.html

A 17-year-old girl who suffocated while being restrained at a center for troubled children was held in a potentially deadly face-down position that was recently banned by at least one state agency.

The restraint has been blamed for the deaths of at least 40 children in facilities nationwide since 1993.

Cuyahoga County Coroner Frank Miller said Faith Finley had been held in what is known as the prone restraint.

He ruled her Dec. 13 death a homicide Monday, saying she was suffocating while she was restrained at Parmadale Family Services in Parma and choked on vomit. Parma police are investigating.

A movement to ban the dangerous "prone restraint" has grown among agencies that serve children. The Ohio Department of Mental Retardation and Developmental Disabilities banned it in November.

The danger of the restraint led to the ban, according to a memo sent to agencies that the department licenses. Copies went to at least a dozen additional state officials.

"Research supports the belief that prone restraints are potentially fatal due to the impact this maneuver has on reducing a person's ability to breathe," the memo reads.

Unclear is whether Parmadale was aware of the memo.

Staff is trained on all the dangers and methods involved in restraints, said Tom Mullen, president of Catholic Charities, which runs Parmadale.

Staff is taught to use a face-to-the-ceiling restraint where staff members secure a child to the floor by pinning their arms and legs to the ground and not compressing the torso in any way, he said.

If staff did not follow the policy, action would be taken, he said. Two workers involved in the restraint on Faith are on paid leave pending the police investigation.

The face-down restraint, which puts pressure on the stomach area, can be especially dangerous if used on a person taking psychotropic drugs. The drugs can cause some to easily vomit while relaxing the gag reflex, making it harder for them to clear their throats. Faith was taking medication in that category.

Nationwide, since 1993, at least 64 children died and thousands were injured while being restrained in face-down and other methods. About half of the restraints that caused deaths were unnecessary, a review of restraint deaths by Cornell University Residential Child Care Project found.

Cornell's trainers, who have worked with Parmadale, teach both the face-up and facedown techniques as a part of their Therapeutic Crisis Intervention system but warn neither is safe. Facilities choose which methods suit their philosophy. Some choose never to use restraints.

"Every single restraint assumes a certain level of risk, including death," said Michael Nunno, the project's principal investigator. "You never want your intervention to be more risky than what the child is doing."

According to the coroner's ruling, Faith was restrained after an "outburst of disruptive behavior."

Faith had been tossing things around her room and may have approached the staff aggressively, said Parma police and Parmadale officials.

That type of behavior alone is not enough to restrain a child, Nunno said.

Workers often get into power struggles with kids they supervise, especially if the atmosphere in the facility is chaotic. Staff involved in such struggles should remove themselves from dealing with the children, he said.

According to police records and other sources, the situation in Parmadale's Cottage 14, where Faith lived, was particularly tense.

In the days leading up to her restraint, several children escaped, one stole a car, a child-care worker was injured by a teen and -- just before Faith died -- another girl in the cottage was beaten so badly, she was taken to the hospital.

People can be trained and tested over and over, Mullen said, but in the heat of a situation, it's hard to maintain control of an agitated child who is struggling with staff.

"What people need to understand is that these are interactions between humans," he said.

Bellefaire JCB in Shaker Heights, which also treats troubled children, uses restraint as a last resort, said Jeffrey Cox, clinical director.

"For us, disruptive is not enough," he said. If a child were to punch a staff member and walk away, that would not be a restraint situation because the immediate danger would be over, he said.

When restraints are used, the child's vital signs are carefully monitored, and children are not left alone immediately after being restrained, Cox said.

Faith was allowed to rest on the floor after she was released from the restraint, and workers later discovered her breathing was shallow. Parmadale staff lacked access to life-saving measures such as an automatic defibrillator to try to restart her heart.

The number of restraint-related injuries in Ohio is unclear because no agency collects the data. Information about major incidents, such as deaths or serious injuries, is supposed to be reported to the agency or agencies that license a facility. But that information is not shared.

In 2006, the Ohio Association of County Behavioral Health Authorities, an umbrella group that includes county mental health boards, pleaded for the creation of a statewide system to report child injuries in facilities.

The report pointed out that thousands of restraint-related injuries each year, including rug burns, black eyes, bloody noses and broken teeth, are not required to be reported. It concluded that fear of liability and the potential of losing facilities, which are already in short supply, were reasons that reforms were not being pushed.

"We tinker around the edges, but nobody is biting the bullet and fixing this problem," Cheri Walter, CEO of the group, said at the time.

Asked this week if any changes had been made since the 2006 paper was printed, Walter said, "Frankly, nothing has changed."

But now, officials are facing the death of a 17-year-old.

"It's unfortunately taken kids' deaths to prompt these kinds of changes," Nunno said.