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/

WA: White River Special Education Team to Attend PBIS Conference

By Jennifer Searcy

Founder/Director of Public Policy & Affairs

The Coalition for Positive Behavioral Interventions & Supports

February 16, 2010

The White River School Board has given the district's special education team permission to attend a conference on Positive Behavioral Interventions & Supports (PBIS).

The conference is set for March 8-9, 2010 at Oregon State University, which is located in Corvallis, Oregon.

For more information about the conference, please contact OSU Conference Services at (800) 678-6311 or conferences@oregonstate.edu.

MT: Attorney general won't investigate alleged school abuse

BY ERIC NEWHOUSE • TRIBUNE PROJECTS EDITOR • OCTOBER 23, 2009

http://www.greatfallstribune.com/article/20091023/NEWS01/910230318/1002/rss

Montana Attorney General Steve Bullock rejected a request Thursday to conduct an investigation into allegations of abuse in a special education classroom at North Middle School.

Two former teacher's aides already have been charged with felony assault on a minor and misdemeanor endangering the welfare of children after parents said the aides took an autistic 13-year-old to a sink and held the boy's head underwater for dozing off in class.

After reading media accounts of the alleged abuse, state Rep. Bill Wilson, D-Great Falls, wrote Bullock asking for an impartial investigation and saying that a school resource police officer investigating a potential felony in the school he is assigned to could be a conflict of interest.

"I think the best disinfectant is sunlight and quite frankly, it is sorely lacking here," Wilson wrote.

Bullock thought otherwise after discussing the matter with prosecutors and Great Falls Police Chief Corky Grove, said Justice Department spokesman Kevin O'Brien.

"He has been briefed on the situation and he will continue to remain in contact, but he believes this is a local matter," O'Brien said.

Wilson said Thursday that he understood the AG's position, but his job as a state legislator is to ask tough questions about situations that concern his constituents.

"I'm still uncomfortable with the initial internal investigation," Wilson said. "I'd rather see an outside detective immediately brought in when allegations are this serious.

"We also need to take a hard look at the screening processes and training for teacher's aides," Wilson said. "Obviously, not all people are well suited to work with special-needs students. The Legislature may be able to give some direction on these issues.

One of the aides charged in the case, Julie Ann Parish, made an initial court appearance in state district court Monday, where bond was set at $5,000. Another aide, Kristi Kallies, has been located in San Antonio, Texas, and arrangements are being made to have her return to face charges, Deputy Cascade County Attorney Kory Larsen said.

Prosecutors considered charging special education teacher Heidi Budeau, but found no evidence that she directly abused the boy. Several witnesses said she knew what was going on and did nothing to stop it, but Larsen said that was less a criminal matter than a professional competency matter for school officials to weigh.

Great Falls Public Schools Superintendent Cheryl Crawley said Budeau no longer works for the district.

The Bismarck, N.D., public school system confirmed that Budeau is now a special education teacher at Wachter Middle School in Bismarck. She did not respond to an e-mail seeking comment.

Tifonie Schilling, the mother of the alleged victim Garrett Schilling, now 14, said another special education aide told her that Garrett was abused in three specific ways in his special education classroom at North.

FL: Florida teacher suspended for autism vote reinstated

By The Associated Press

November 11, 2009

http://www.theautismnews.com/2009/11/11/florida-teacher-suspended-for-autism-vote-reinstated/

PORT ST. LUCIE, Fla. — A St. Lucie County teacher who let her kindergartners decide whether an autistic child could remain in class is returning to the classroom.

St. Lucie County school board members unanimously approved teacher Wendy Portillo’s reinstatement Tuesday night.

Portillo was suspended after she asked her Morningside Elementary class in Port St. Lucie to vote on whether a boy should stay in the class in May 2008.

The 5-year-old student was diagnosed with a form of autism called Asperger’s syndrome after the incident, in which classmates voted 14-2 against him.

Officials say Portillo is expected to teach sixth-grade science and reading upon her return.

Click here for related news

Source: http://www.miamiherald.com/news/florida/AP/story/1327475.html

SC: Teacher charged with unlawful conduct towards special needs student

Nov 10, 2009

By Logan Smith - email

http://www.wistv.com/Global/story.asp?S=11478875

SUMMERVILLE, SC - Police in Dorchester County have arrested a teacher at Williams Memorial Elementary School after she was accused of unlawful conduct toward a special needs student.

Rosemary Mills, 49, of Summerville is charged with unlawful conduct toward a child in connection with the incident, according to St. George police Lt. Allen Kinsey.

Kinsey said a parent witnessed Mills shouting at and physically restraining a 10-year-old special needs student at school on October 14. Mills is a special education teacher.

Mills is being held at the Dorchester County Detention Center. A bond hearing was scheduled for 3:30pm Tuesday.

Information on Mills' employment with Dorchester County School District Four was not immediately available.

This is the second recent unrelated incident involving a Lowcountry teacher facing criminal charges for conduct toward a special needs student.

Last week, a North Charleston teacher's aide was arrested after police say she held a four-year-old by the feet and hit the child several times with a ruler.

Previous Story:

• Lowcountry teacher's aid charged with cruelty to children

MT: Parish pleads not guilty in North Middle School abuse case

Posted: Nov 5, 2009 06:53 PM

Updated: Nov 5, 2009 10:19 PM

http://www.montanasnewsstation.com/Global/story.asp?S=11453789

Julie Ann Parish, a former North Middle School paraprofessional accused of child abuse, was in a Great Falls courtroom today to enter her plea.

Parish pled not guilty to two charges: assault on a minor, which is a felony, and endangering the welfare of a minor, a misdemeanor.

The charges stem from the alleged abuse of one autistic student, but more and more families are coming forward. Nine other families are now involved in the case and attended today's hearing.

Parents we talked to say it was difficult to be in the same room as the woman they believe abused their children.

Molly Gillis, said, "Emotionally, it's very straining...when your child is abused by someone. It's the mother's intuition to protect the child, and unfortunately the only thing I can do is pursue it legally and hope that she gets prosecuted."

Tifonie Schilling, the mother of the autistic teen, explained, "It's very difficult. Very, very difficult to be in the same room with someone you know hurt your child. Very, very difficult."

Parish is just one of two paraprofessionals accused of abuse at North Middle School.

If found guilty, she could face up to five years in prison and over $50,000 in fines. Her trial is scheduled for March 29th.

WEB EXTRA: here are the court documents charging Parish (new windows, PDF):

Page 1; Page 2; Page 3; Page 4: Page 5: Page 6

SC: Teacher’s aide arrested for assaulting an autistic student

Newsroom
Published: November 6, 2009
Updated: November 6, 2009

http://www2.counton2.com/cbd/news/local/article/teachers_aide_arrested_for_assaulting_an_autistic_student/82542/

A North Charleston teacher’s aide is facing charges after an assault last month at A.C. Cochran Elementary School. {Note: the school is actually A.C. Corcoran Elementary School}

According to the police report a teacher saw 60-year-old Irene Andrews holding a four-year-old autistic student by his bare feet, hitting his feet with a ruler. The teacher told police that when the suspect saw the other teacher, she told her “you didn’t see anything.“

The police report also says the principal notified officers that the Andrews had been disciplined before, for putting a student in the bathroom as punishment.

The Charleston County School District responding to this information today with the following statement:

Let us be clear on our policy—we forbid any kind of corporal punishment in our schools, and work very closely with law enforcement and local agencies to identify and prevent wrongdoing. We have been very deliberate about this in terms of training, partnerships, policy, and awareness-building.

In the case of this teacher’s assistant, we acted swiftly to investigate the allegation that she struck a student on the bottom of the feet with a ruler. We took the child to the nurse, who found no injury. The principal immediately contacted her supervisor and was directed to our staff attorney and to human resources. The principal contacted the parents and the police that afternoon. The same day, the teacher’s assistant was placed on administrative leave with pay pending investigation.

The alleged bathroom incident, which happened approximately three weeks earlier, involved a different child and did not trigger a call to the police. Based on the information gathered at the school, it was seen as a very poor decision and inappropriate behavior. The principal documented this immediately in a written reprimand to the teacher’s assistant.

The TA—who has not been in class since the allegation that she struck the student’s feet was made—is no longer employed by the district.

MT: Second aide accused in abuse case expected soon in court

November 3, 2009

http://www.greatfallstribune.com/article/20091103/NEWS01/911030310/1002/news01

The second woman accused of abusing a North Middle School autistic student is expected to make her initial appearance in Cascade County District Court soon, according to a deputy county attorney.

Kristina Marie Kallies is the second teacher's aide accused of abusing Garrett Schilling when he was a 13-year-old North student. An arrest warrant has been issued for her on a felony count of assault on a minor and a misdemeanor count of endangering the welfare of children.

Great Falls Police Department detectives have been in contact with Kallies, who is believed to be in San Antonio, Texas. Deputy Cascade County Attorney Kory Larsen said Monday that Kallies will be driving up to Great Falls, and he expects her in court within the next two weeks.

Another woman facing the same charges, Julie Ann Parish, made her initial appearance on Oct. 19. She posted her $5,000 bond and was released. Parish is next due in court on Thursday for an arraignment.

The two are accused of holding Schilling's head under water after he dozed off in class or didn't complete his schoolwork.

Both Kallies and Parish denied the charges during a school district investigation.

TN: Parents Claim Daughter Victim Of Bully Abuse At School

November 3, 2009

http://www.newschannel5.com/Global/story.asp?S=11438954

CLARKSVILLE, Tenn. - A Clarksville couple said their special needs daughter is being bullied and physically assaulted at school. The parents said they are pulling their daughter from the public school system.

The Nelsons are recording every assault on their daughter. They claim Clarksville-Montgomery County Schools is giving them the run-around and someone is going to get hurt.

"Jabbed in the neck with pencil," said father Steve Nelson. "Punched in the nose."

Autism makes Steve and Holley Nelson's 12-year-old daughter a special needs student, and cruel classmates make her a target.

"She really needs to be moved. She's afraid to go to school. She has anxiety issues about it," said Holley.

More and more school districts are transitioning special needs students into mainstream classrooms.

"You would walk into a classroom tomorrow, and you wouldn't know who's regular education and who's special education, and that's intentional," said spokesperson for Clarksville- Montgomery County Schools, Elise Shelton.

Shelton said blending students is a win-win. As for the Nelson case, Shelton said school leaders are responding appropriately by pairing the girl with positive peer groups and not students who might tease her.

The Nelsons, though, are not convinced inclusion is best or even safe for their 6th grade daughter.

Steve went before the school board to plead for intervention on behalf of his oldest daughter, who has gone from loving school to loathing it.

School board members did not respond to Steve's presentation Tuesday, and they are not required to. The Nelsons said they can appeal to get their daughter enrolled in one of two private schools and have Clarksville - Montgomery County Schools pick up the tuition cost.

The Nelsons have a meeting next week with school leaders to fix the problem and keep her in public schools.

The family signed a waiver allowing the school system to talk to NewsChannel 5 about their daughter's predicament.

IA: Davenport School Board OKs special education plan

Kurt Allemeier | Posted: Tuesday, October 27, 2009 12:00 am

http://www.qctimes.com/news/local/education/article_2fd78178-c2b6-11de-bda0-001cc4c03286.html

The Davenport School Board approved a state-required special education delivery plan Monday to the disappointment of one member who said it was a missed opportunity.

The board approved the plan 6-1, with Timothy Tupper voting against it.

"We had a real opportunity with this document to really look at our process and procedures, and we didn't do that," Tupper said during discussion of the plan. "I hoped we would look at our delivery of services to see how we (could) do it better."

The plan moves the district away from teaching special needs students in seclusion. Instead, general education teachers will work with special education students in a regular classroom setting. The special education service delivery plan, recently required by the Iowa Department of Education, defines how schools meet the educational needs of students.

About 30 teachers were involved in the delivery plan and public input was sought, Betty Long, director of exceptional education and federal programming, told the board. Most public input was received via e-mail.

A comprehensive audit of special education and support services in the district is currently being done, with a report from an outside agency expected in January, Long said.

The special education proposal helps position the district to meet state requirements that 75 percent of special education students spend at least 80 percent of the school day in a general education classroom by the end of 2010-11.

The delivery plan was approved two days before a state-extended deadline set after the district failed to approve a plan by Sept. 15.

The board was comfortable with the plan, although some concerns were expressed that putting additional students in general education classrooms could strain teachers and increase class sizes.

In addition to integrating students into regular classrooms, Davenport's plan also defines the number of students assigned to each special education teacher, based on several criteria.

Areas considered include the amount of support students need, their individualized goals and whether a student needs a teacher's aide, specially designed instruction or assistive technology, as well as the amount of collaboration and planning needed between general and special education teachers.

TN: Special Ed Teacher Accused Of Abusing Students

Incidents Allegedly Occurred During the 2008-09 School Year

POSTED: 3:31 pm CDT October 23, 2009

UPDATED: 11:02 pm CDT October 23, 2009

http://www.wsmv.com/news/21406011/detail.html

GALLATIN, Tenn. -- A 47-year-old special education teacher is facing federal lawsuits alleging she severely abused students under the age of six.

Donna Weidenbenner is accused of force feeding children until they vomited, shoving them into furniture, kicking them, strapping children to a toilet and restraining them with blankets. Nineteen separate examples of abuse are cited in the charges.

A total of six special needs children were allegedly abused.

Weidenbenner was indicted on child abuse charges in July. The lawsuits say the incidents occurred during the 2008-09 school year while Weidenbenner taught at Station Camp Elementary in Gallatin, Tenn.

The Sumner County Board of Education is also named in the federal lawsuit, which alleges the children's 1st and 14th amendment rights were violated.

The board is named in the suit because they are accused of ignoring the abuse. The suit alleges that school aides that reported Weidenbenner's misconduct to the school were ignored.

"This abuse and conduct has been engaged in by Mrs. Weidenbenner over a span of multiple years. And that the school board had reports made to it that it knew, or should have known, what was happening over that period of time, and should have taken some form of action to stop it and prevent it in the future," said attorney Andy Allman.

Weidenbenner has worked in the Sumner County school district since 1991.

District officials said Weidenbenner was suspended without pay in April once they said the allegations against her came to light.

MT: FORMER STAFF AT NORTH MIDDLE SCHOOL IN GREAT FALLS CHARGED WITH ABUSE

Story Published: Oct 19, 2009 at 12:29 PM MDT
Story Updated: Oct 19, 2009 at 10:38 PM MDT
http://www.kfbb.com/news/local/64775712.html

Five Great Falls families say they're worst nightmare has come true. They believe their special needs children suffering from autism, cerebral palsy and down syndrome were abused while in school and their conditions prevented them from speaking out. Two teachers aides are now facing felony charges accused of severely abusing the children.

Last year Julie Parish and Kristina Marie Kallies were a teacher's aides in the special needs 7th and 8th grade classroom at North Middle School. Now both face charges of assault on a minor and endangering the welfare of children. There's a warrant out for Kallies arrest but so far police haven't been able to find her. Parish was arrested this weekend and in court this afternoon (10/19).

Parents of the children say today's charges are just the beginning of the story.

"We trusted these people,” said a tearful Tiffonie Schilling, mother of 14-year Garret Schilling who suffers from autism.

Her son is the victim named in court papers charging the two teachers aides.

"He was having water boarding like torture done to him on a frequent basis,” Schilling said.

According to witness accounts during the last school year Garrett was subjected to much more than water torture. Another student says he saw, "the teachers make G.S. [Garrett] eat his own vomit" while a substitute teacher claims Garrett was "left sitting in his own feces for approximately half a day." Garrett is non-verbal, so his mom can't ask him about the allegations.

"A child who can’t defend himself, it’s a huge violation,” she said.

Schilling says the experience is her worst nightmare come to life.

“It’s very hard to think about,” she said.

Today Julie Parish was in Cascade County Court facing felony child abuse charges. The courtroom was full of parents who say their children were also abused.

“I am more than sure he was locked in a closet,” says Trinette Pepos about her son.

Mark and Rikki Saali say their daughter was, “hit with pens…she had a welt on her neck from that and she also told us she got hit with a pan in the head.”

Molly Gillis says her daughter, “came home on numerous occasions with bruises, bit marks, burnt fingertips, missing hair.“

So far five families are pursuing charges but 12 students were in class.

“There’s probably more out there and all of the kids need counseling- every last one of them,” said Mark Saali.

The school district says the women resigned after the charges were made and they are cooperating fully with the police investigation.

Tom Moore, Assistant Superintendent of the Great Falls School District says, “The district is saddened by this. We don’t condone mistreatment of students that’s not what were about in Great Falls Public Schools at all and as soon as we get reports or information about these kinds of things we investigate them thoroughly and if need be turn over information to the authorities.”

Parish has posted a $5,000 bond and is back in the community. If convicted the teacher’s aides face a maximum of five and half years in prison. Parish is expected to answer to the charges in two weeks.

The Cascade County Attorney's Office adds the investigation remains ongoing and more charges could follow.

IL: Teacher fights Chicago Public Schools for disabled son's education

NOTE: Chicago Public Schools ignored a COURT ORDER to place this child with social/emotional disabilities into a therapeutic day school. The child had no placement and receive NO EDUCATIONAL SERVICES from the district until this past Tuesday...and only after the Chicago Tribune emailed the district to ask why the court order was being ignored...

Family of eighth grader resolves dispute with Chicago Public Schools

By Rex W. HuppkeTribune reporter

October 15, 2009

http://www.chicagotribune.com/business/chi-special-ed-cruz-15-oct15,0,4629063.story

Lissette Cruz thought she had won. She had a court order saying Chicago Public Schools had to place her 13-year-old son in a therapeutic day school to make up for the myriad ways the district had failed him over the years.

That was June 29. October arrived, and Christopher Cruz, a bright but emotionally disturbed eighth grader, still hadn't been placed in any school. He was staying at home or with relatives, and occasionally accompanying his mother to her job -- she's a Chicago Public Schools teacher.

At 11:03 a.m. Friday, the Tribune sent an e-mail to the district seeking comment about Cruz's case. Why hadn't Christopher been placed?

Within four hours, Deborah Duskey, head of the district's special education program, was on the phone with Cruz, telling her that Christopher would be able to start at the private Acacia Academy in the west suburbs this week. Tuesday was his first day. All it took was two years of parental pressure, an attorney, a court order and an e-mail from a newspaper.

The case of Christopher Cruz provides another glimpse into a special education system that many parents and disability advocates say is broken. They describe educational plans that fail to provide proper services to students with disabilities, poor monitoring of how special education students are progressing and parents' struggles to secure services even when they prevail over the district in court.

"They would rather litigate cases than just give the children what they need," said Nelly Aguilar, the attorney representing Christopher as well as the child of another Chicago teacher. "We were not trying to get [Christopher] a pony. We were just trying to get him basic educational resources."

Mary Fergus, spokeswoman for the Illinois State Board of Education, said that of the 28 due-process hearing orders rendered in Chicago Public Schools cases this year, 11 remain out of compliance. She said state board officials consider that to be an uncommonly high number compared with the last few years.

The district is in weekly contact with the state board regarding the status of these cases, Fergus said.

Duskey said a problem in the district's placement office caused the delay in Christopher's case.

"We should have had him placed and ready to go from day one," Duskey said. "This should've happened much earlier."

In fact, according to the court order, the district was required to conduct an Individualized Education Plan meeting with the family within 14 days of the June 29 decision. At that time, the district was to provide Cruz with the names of four private therapeutic day schools that could meet Christopher's needs.

But it was nearly two months before the meeting was held, and Cruz and her attorney say they never received the list of schools.

Duskey said the summer break made it difficult to assemble the staff to hold Christopher's meeting. She also noted that the district is bolstering its oversight of special education cases and developing a plan to avoid summer delays.

The district is expected to spend about $850 million on its roughly 45,000 special education students this year.

Cruz's problems with the district's special education system began long before she prevailed in her due process case. Worried about her son's erratic behavior -- he had anxiety problems and at times would shut down and stop speaking -- Cruz asked the district to evaluate Christopher in April 2006. It took until October 2006 for the district to deem the boy eligible for special education.

A district psychological report said that "Christopher demonstrates concerning social-emotional behaviors." But according to the court order, the district's educational plan did nothing to address Christopher's behavior.

In fall 2007, Christopher's mother agreed to modify her son's special education plan, removing writing assistance that she no longer thought was necessary. At that time, however, the district fully removed Christopher from its special education program. A year later, a surge in behavioral problems led Cruz to inquire about Christopher's services.

According to the June court ruling, the district never gave Cruz notice -- as required by law -- that her son had been removed from special education.

Additionally, the hearing officer criticized the district for failing to identify Christopher's needs, implementing a "defective" educational plan and failing to hold further planning meetings when "it was obvious that the student was not appropriately responding to social work services."

As a Chicago teacher, Cruz feels like she knows the system and was able to act as a strong advocate for her son. And still, she said, it was a lengthy fight that she fears set him back academically and emotionally.

"I just saw this bright light totally fade," she said. "He became like an entirely different person in some ways."

Now she sees Acacia as a fresh start. As Christopher came out of the school after his first day Tuesday, Cruz noticed something refreshing. Her son was smiling.

rhuppke@tribune.com

SC: Allegations of Abuse of Special Needs Student at Edisto High School

Allegations of Teacher Abuse

From ABC Columbia:

http://www.wolo.com/article.php?id=1001&page=index

Allegations that a teacher abused two special needs children at Edisto High School have parents angry, and the Orangeburg County Sheriff's Office investigating. The teacher has been suspended without pay. One incident involves a parent accusing a teacher of assaulting her child. Another involves a plastic bag being placed on or near a child's head.

Only three teacher's aides and a teacher know exactly what happened inside a classroom at Edisto High School. The first incident occurred on August 26^th. According to an incident report, the school's principal says a special needs student was hitting teachers and students. The report says 61 year old teacher Paul Jensen was guiding the student away when the student fell. Orangeburg School District Four did an investigation and found no intentional wrong doing on Jensen's part. However, the district did put him on paid leave and offered him an improvement plan on how to better handle problems with students.

Parent Cindy Strock says her son only hit Jensen after the teacher grabbed him. She says, “The incident is being belittled. It was a very serious accident with my child. I am very disappointed in the district's response.”

Fast forward to October 1, Superintendent Dr. Thomas Sparks says teachers aides confirm that a plastic bag was near the face of another special needs student. He says it's unclear if Jensen placed the bag there, but the Superintendent says the teacher exercised bad judgment.

The victim's father, David Smith says his son could have suffocated and that he will not be returning to Edisto High School.

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:

By DEANNA MARTIN (AP) – 1 day ago

http://www.google.com/hostednews/ap/article/ALeqM5jz40lAv8lDbug_Z92lZNcr35ajLAD9B7UAJ80

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."

KY: Former teacher charged with sexual abuse

July 15, 2009 18:27 EDT

http://www.wztv.com/template/inews_wire/wires.regional.ky/39bcecba-www.fox17.com.shtml

LEXINGTON, Ky. (AP) -- A former central Kentucky high school teacher has been charged with having sex with a 16-year-old student.

The Lexington Herald-Leader reports that Melissa Arnett was arrested on Tuesday morning, and charged with first-degree sexual abuse. She was released on $5,000 bail the same day.

Lexington's WLEX-television reports that Arnett taught special education at Bourbon County High School.

Police say Arnett admitted having sex with the boy several times over a two-month period and resigned from the school.

Investigators say Arnett is the third teacher in the county to be charged with engaging in sexually inappropriate behavior with a student in the past six months.

She is scheduled to be arraigned on Aug. 13. It was not clear Wednesday afternoon if Arnett had an attorney.

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Information from: WLEX-TV, http://www.wlextv.com

I D: Family sues school after arrest of autistic girl

Staffers accuse third-grader of spitting, inappropriately touching instructors

updated 2:18 p.m. ET, Wed., July 15, 2009

http://www.msnbc.msn.com/id/31925271/ns/us_news-crime_and_courts/

SANDPOINT, Idaho - The family of an 8-year-old autistic girl who was arrested at school wants the school district and county to pay more than $500,000 in damages.

Charles and Spring Towry's third-grade daughter, Evelyn, has Asperger's syndrome, an autism spectrum disorder. She was arrested in January on suspicion of battery at Kootenai Elementary School after staffers said she spit on and inappropriately touched two instructors.

The child was handcuffed and taken to the county's juvenile lockup, where she was released to her parents. The county prosecutor later dropped the charge against the girl.

The family filed a tort claim against Lake Pend Oreille School District and Bonner County, according to the Bonner Daily Bee newspaper. They have 180 days to settle the claim, or reject it and risk a lawsuit.

FL: Administrators from school involved in autism vote-out reassigned

By By Cara Fitzpatrick The Palm Beach Post

Originally published 02:19 p.m., June 20, 2009
Updated 02:54 p.m., June 20, 2009

http://www.tcpalm.com/news/2009/jun/20/administrators-school-involved-vote-out-reassigned/?partner=RSS

PORT ST. LUCIE — The principal and assistant principal at Morningside Elementary, a school in which a teacher last year caused a national controversy by asking her students to vote on whether a boy could return to class, will be reassigned, school officials said Friday.

Principal Marcia Cully and Assistant Principal Patricia Gascoigne will start the coming school year at Fairlawn Elementary, said St. Lucie County School Superintendent Michael Lannon.

Fairlawn's principal, Susan Lyle, retired at the end of this year. Morningside's new staff has yet to be announced, but parents of Morningside students received an automated phone message this week informing them of the change, Lannon said.

Lannon said the changes were not related to the vote-out incident.

The reassignments come at the end of a difficult year for Morningside. A little more than a year ago, teacher Wendy Portillo asked her students to vote on whether then 5-year-old Alex Barton could remain in class after being sent to the office twice for misbehaving. The students voted 14-2 for him to leave.

The incident attracted an onslaught of attention, drawing email and phone calls from around the world. School officials said they were threatened, as did the Portillo and Barton families.

That Alex was later diagnosed with Asperger syndrome, a form of autism, and had been under evaluation for it at the time only added to the controversy.

Melissa Barton, who removed her son from public school following the incident, said she was not surprised that the administrators were moved from the school.

Barton is pursuing a lawsuit against the district.

"The fault lies in a lot of different directions in this case," she said.

Portillo was suspended without pay, but will be allowed to return to the classroom in November. Her position, though tenured, will depend on vacancies within the district.

Lannon had recommended a stiffer punishment, which would have moved Portillo back to an annual contract. That recommendation, though upheld at appeal by an administrative judge, was later rejected by the school board, which decided to allow her to keep her continuing contract.

CT: Special needs students not subject to disciplinary actions, kudos to CT principal

By Kindall Nelson

Chicago Special Needs Examiner

Posted on June 22, 2009

http://www.examiner.com/x-9926-Chicago-Special-Education-Examiner~y2009m6d22-Special-needs-students-not-subject-to-disciplinary-actions-kudos-to-CT-principal

An 8-year-old Connecticut student with special needs attempted to reach for a teacher's purse in school one day. When he was prevented from touching it, he became angry and physically assaulted the teacher with punches, kicks, and scratches. A complaint has now been filed against the principal of that school for this incident. The teacher, Melissa Vargas, says that the school's policy for physically assaulting a teacher is a 5-10 day suspension, and calling the child's parents as well as the police. She is upset that, in this case, nothing was done to the student.

What Miss Vargas has failed to realize is that, according to IDEA, this student can not be punished the same way other students are punished. In fact, punishment would be completely inappropriate in this case. Kudos to Principal Brown for understanding this.

According to IDEA 2004, if a student has a behavior that impedes his learning or the learning of others, the school must discuss this at an IEP meeting and put a behavioral plan into place. This plan must use positive behavioral supports and other strategies to address that behavior. It is only after all plans and strategies have been exhausted that suspensions and other disciplinary actions should be considered, and only if there is a clear goal in mind behind those actions. For example, a suspension in order to find a more appropriate educational placement for the child.

Another thing to consider is the fact that IDEA also says that a teacher who has a child in their class who has special needs, must be offered “high-quality professional development” as to the correct use of positive behavioral interventions and supports. This could include courses on de-escalation as well as information on sensory breaks or positive reinforcement.

Without knowing the child in question, it is impossible to determine the correct course of positive behavioral support that he needed. However, arrest and/or suspension are not the answer since, in most cases, a child can not be punished or disciplined in the traditional sense for a behavior that is the result of his/her special need

To read more about this story, see Walsh pricipal defends his approach to discipline

Wrightslaw.com is also a wealth of information for parents of children with behavior disorders. Find up-to-date information on: What You Need to Know About IDEA 2004: IEPs for Children with Behavior Problems