FL: School Restraint Allegedly Leaves Student with Bloody Eyes

From Tampa Bay Online News:

Student with bloody eyes will likely change schools

By JOSH GREEN

jgreen@wfla.com

Published: November 4, 2010

Updated: 11/04/2010 06:57 pm

TAMPA A 14 year-old boy who claims a school aide put him in a restraining hold that led to his eyes bleeding will likely wind up at a new school. The white part of Abdullah Fisher's eyes were still blood red today, a week after the incident at Dorothy Thomas School.

"When Abdullah was getting choked - he told him that he couldn't breathe," said Deborah Williams, his mother. "I don't want Abdullah going back to that school."

Fisher said it started last Thursday when he "smacked" paper out of his teacher's hands. Staff called in the school's resource officer, formally called an exceptional student education aide, and a scuffle escalated, according to Fisher. That aide tried to put Fisher in a time-out room, but he fought back.

"He took me up and he slammed me," Fisher said. "He had me ... in the Full Nelson move. I kept telling him I couldn't breathe."Fisher is 14, but because of a disability is on a third grade level, according to his mother. By the time he got off the bus Thursday afternoon, blood was dripping from his left eye, according to family witnesses at home.

"I had blood on my shirt," Fisher said. "The bus driver [saw] it … and asked me what happened."

Hospital paperwork shows he suffered a subconjunctival hemorrhage, which causes blood to leak from a broken vessel in the eyes. He also sustained an acute cervical strain.

By Wednesday afternoon, school administrators called Williams to set up a meeting today. A special education instructor will evaluate Fisher and his mother to see what school will fit him best. Williams said school leaders could have Fisher placed in a new school by Monday.

For the full article, please follow the link:

http://www2.tbo.com/content/2010/nov/04/041857/student-with-bloody-eyes-will-likely-change-school/

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.

NY: Elmira Psychiatric Center Tops Children's Psychiatric Restraint List

February 15, 2010

By Jennifer Searcy

Founder/Director of Public Policy & Affairs

The Coalition for Positive Behavioral Interventions & Supports

http://tcfpbis.blogspot.com

James T. Mulder of the Post-Standard reported today the restraint and seclusion rates for New York's children's psychiatric treatment centers. Elmira Psychiatric Center tops the list as having the most restraints in psychiatric hospitals in the state.

"Triggers" of restraint were reported as "children fighting over a toy" or "a child attacking another patient or staff member" - and that restraints were used as a "last resort."

The rates, based upon the rate of patient hours in restraint per 1,000 inpatient hours (i.e. a rate of .33 would equal approximately 4 1/2 hours), were obtained from the New York Office for Mental Health.

The list is as follows:

• Elmira Psychiatric Center, .35
• Hutchings Psychiatric Center, .33
• St. Lawrence Psychiatric Center, .33
• Greater Binghamton Health Center, .32
• Mohawk Valley Psychiatric Center, .29
• Rockland Children’s Psychiatric Center, .20
• Brooklyn Children’s Psychiatric Center, .18
• Rochester Psychiatric Center, .17
• Western New York Children’s Psychiatric Center, .16
• Bronx Children’s Psychiatric Center, .13
• Sagamore Children’s Psychiatric Center, .09
• South Beach Psychiatric Center, .03
• Queens Children’s Psychiatric Center, .02

To read the full article, please click the following link: http://www.syracuse.com/news/index.ssf/2010/02/hutchings_restrains_young_pati.html