TX: Special Needs Student Put in Restroom Timeout Sparks Controversy

How should teachers punish your children? What if your child has special needs? News 3 has uncovered a case where a special needs child was punished when her teacher would shut her in the bathroom with the lights out on several different occasions.

Posted: 7:57 PM Dec 8, 2009
Reporter: Shannon Dillon
Email Address: dillon@kbtx.com

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Special Needs Student Put in Restroom Timeout Sparks Controversy

Kiersten Jordy is like most 7-year-olds, but in many ways she's not. Doctors have diagnosed Kiersten with mental retardation and carries traits of autism and Down's Syndrome. Doctors also say Kiersten may never have a classic diagnosis. Larry and Janet Jordy say their daughter can't speak in full sentences and is only able to communicate a word or two. The Jordy's say they were surprised to learn in late May 2009, that their daughter's teacher, Sharon Figueron, put Kiersten in a dark, closed restroom as a form of timeout.

"We would never, never agree with putting her in a dark bathroom, there's nothing right about that," said Larry Jordy.


Progress reports of Kiersten's daily activities were sent home weekly for the Jordys to sign. However, the Jordy's say they were aware of Kiersten being placed in timeout but not being put in a dark, closed restroom as timeout.

"Honestly I don't remember signing it or reading it. Maybe I talked to her about it. Did I tell her it was okay? Absolutely not. I'm sure I would not just let it go," said Janet Jordy.

According to a 16 page document released by a Certified Hearing Examiner, the Jordy's found out about the restroom punishment from a Bonham Elementary teacher's aide. The report says on May 13, 2009, the aide went to get Kiersten for inclusion class and found her in the restroom with the lights out. After learning of the restroom punishment, the Jordy's filed a complaint with the Texas Education Agency (TEA) on June 1, just one day before Bryan I.S.D. administrators received information that the restroom had been used as timeout for Kiersten.

Progress notes written by Figueron show the dark, closed restroom was used as punishment on February 12, 2009 as well. Figueron wrote, "I put her sitting on the bathroom and shut the door. To make it short, she (student) turned the light on, got a mat, opened the door and constantly defied me. We then had a snack, and I left her sitting there watching us and told her she couldn't have one. The snacks were for the children that listened and behaved."

The Hearing Examiner's report also said progress notes Kiersten was placed in the restroom as a consequence for behaviors on May 12, 2009 and May 15, 2009. Based on the February 12, 2009 progress note the TEA initiated a complaint of suspected child abuse to the Department of Protective and Regulatory Services.

The Jordy's say regardless of when Bryan I.S.D. administrators found out about the incidents they would have still filed a complaint with the TEA. The Jordy's say the district dropped the ball by not taking enough action after the Jordy's say they withdrew a May 2008 complaint with the TEA at the request of the school district. The Jordy's say during the 2007-2009 school years Kiersten was a student at Bonham Elementary, the school district has made broken promises that the situation between Kiersten and her teacher would improve. Shortly, after filing their complaint with the TEA the Jordy's sought legal counsel.

"I think the public should know the administration was pretty much prepared to sweep it under the rug," said the Jordy's attorney, Ty Clevenger.

"We certainly didn't try to sweep it under the rug. We moved forward on it in a very fast moving way," said Bryan I.S.D. Superintendent, Mike Cargill.

While the TEA was investigating the restroom incidents, Bryan I.S.D. also launched its own investigation. In April 2009, Bryan I.S.D. hired a consultant to help Figueron in developing behavior modification strategies for Kiersten. The hearing examiner's report says the consultant provided training on the behavior plan that was implemented and modeled appropriate behavior for Figueron. The consultant did not recommend the use of timeout, and Figueron did not discuss her use of timeout with Kiersten with the consultant. The report also shows Figueron received training in August 2007 and July 2008 on positive behavior intervention strategies, including required procedures for using timeout as a behavior strategy with disabled children. Figueron also received training on instructional interventions for students exhibiting non-compliant behavior and de-escalating techniques.

On July 31st, a hearing examiner recommended the school board terminate Figueron's contract. The investigation showed [there] was no legitimate reason for Figueron to place Kiersten in a restroom as Figueron described to have a "few minutes to eat lunch."

The TEA found that Figueron violated her term contract, board policies and directives of the Texas Administrative Code by "placing a mentally retarded child with limited speech capabilities in the restroom for timeout behavior consequences and shutting the door."

On October 28th, Figueron's termination was finalized. News 3 spoke to Figueron and her attorney, and both say she should not have lost her job. Figueron's attorney says she is being used as a scapegoat because Bryan I.S.D. did not provide her with information as far as training on how to handle timeout situations specifically involving Kiersten. Figueron's attorney said the consultant Bryan I.S.D. hired in April 2009 never addressed the timeout method Figueron should use with Kiersten. Her attorney also said Figueron was not aware she was breaking the Texas Administrative Code by using a dark, closed restroom as punishment for Kiersten.

Meanwhile, the Jordy's say Figueron's termination is not their biggest concern.

"We're already having to deal with the counseling and everything for Kiersten and so we can't go backwards to help that. But maybe we can help the one child who might be struggling through the same thing that can't talk like Kiersten," said Janet Jordy.

The Jordy's say this whole ordeal has had a severe impact on Kiersten. Because she's now afraid of the dark and can't sleep alone at night. In early December, the Jordy's removed Kiersten from Bonham Elementary and enrolled her in another school.

Sharon Figueron is not eligible to be re-hired in Bryan I.S.D. although she has 15 years of experience in education, and 10 years with Bryan I.S.D. Her attorney says since she was terminated she hasn't taken any legal action, and will "move on with her life."

Meanwhile, the TEA said the procedures Bryan I.S.D. took in handling the matter were properly done.

CO: Another Teacher Scandal At Brighton School

BRIGHTON, Colo. (CBS4) ― A teacher at Brighton Collegiate High School has been fired for inappropriate behavior with a student. Brighton police are investigating the incident but have not arrested that teacher.

The school's Board of Directors sent a letter Tuesday to parents of students informing them of the situation.

The letter states, "We have concluded that there may have been inappropriate conduct on the part of the teacher, and that the teacher's employment has been terminated. We have no reason to believe that the relationship was sexual, but it was inappropriate and will not be tolerated."

"I'm really concerned, this is, this has happened before, so I'm really worried that something might happen to the school. But I really, really like this school and I don't want anything to happen to this school," said Braeden Smith.

"My daughter and a bunch of these kids, they loved that teacher that got fired, okay? He hasn't been charged with anything, so what's going on? Don't blackball this school. The kids are good, they're trying," said Rocky Biggs, parent of a student at Brighton Collegiate High School.

Selene Vamora, student, said the latest allegation troubled her. "You don't know what to expect from any of the teachers, so now you just need to be careful," said Vamora.

The school's principal insisted the teacher's termination should send a message about student safety. "We found the actions of a staff member were questionable. We do not have any room within our school community for questionable conduct," said Kirk Salmela.

The school district's board of education will meet next week to discuss the future of this high school.

This is the fourth incident at the school that has resulted in a staff member leaving.

Ralph Kelly, a former teacher at what used to be called Brighton Charter School, pleaded guilty to attempted sexual assault on a student in 2008.

A year before that the former principal's wife was arrested after having a sexual liaison with one of her students during a camping trip she chaperoned. Carrie McCandless was sentenced to 45 days in jail and five years probation.

Former School Board President David Mundy, Sr. resigned in the wake of the scandal and pleaded guilty to failure to report child abuse.

The previous summer, his son, David Mundy, Jr. was sentenced to 90 days in jail and 10 years probation for sexual contact with three girls. One of them Mundy, Jr. taught while subbing at the school.

The school eventually chose not to renew its contract with Principal Chris McCandless.

FL/AL: Fired and behind bars, a teacher still gets paid

updated 7:28 a.m. EDT, Fri June 5, 2009
By Jackie Damico
CNN
http://www.cnn.com/2009/CRIME/06/05/alabama.teacher.sex.salary/index.html?iref=mpstoryview

(CNN) -- Former teacher Charlene Schmitz is behind bars in a federal detention center in Tallahassee, Florida, serving 10 years for using texts and instant messages to seduce a 14-year-old student.

She has been fired from her job as a reading teacher at the high school in Leroy, Alabama.

But she is still collecting a paycheck.

Schmitz is appealing her federal conviction -- and her firing. State charges filed in connection with the case are pending. Under the law in Alabama, she is still entitled to her $51,000-a-year salary while she appeals her firing.

School officials are not happy that they now have to pay both Schmitz and her replacement. But her attorney says they must obey the law.

On Valentine's Day 2008, a jury found Schmitz guilty of two federal charges of enticing a child by electronic means, and she received the 10-year sentence. Three weeks after her conviction, the school board sent the tenured reading teacher a notice of its intent to terminate her. The school board officially fired Schmitz at a meeting in late March.

Schmitz and her employment attorney, Henry Caddell, filed an appeal with the school board.

The state defines its teachers as tenured by their time of service and experience.

The Alabama Teacher Tenure Law, meant to protect tenured teachers from unfair firings, gives them a chance to appeal their firings with the board. A change made to the law in 2004 requires the board to continue paying Schmitz until her employment appeal is heard and decided by an arbitrator.

"Ms. Schmitz is entitled to receive pay until all this is determined," Caddell said.

The school board would like nothing more than to have an arbitrator hear Schmitz's case so it can move on, but the law is not on its side. In Alabama, when there are parallel criminal and civil cases, all criminal charges must be resolved before any civil matters can be dealt with.

Schmitz must exhaust all avenues of appeal before the criminal case can be considered resolved.

A three-judge panel has turned down her initial federal appeal, but her criminal attorney, Donald Briskman, has asked a full panel of judges to review the case.

Briskman said there wasn't enough evidence to support a conviction.

"We feel that there were some leaps the jury would have had to make to reach that decision," Briskman said.

If the request for a full panel of judges is unsuccessful, the case could be appealed all the way to the United States Supreme Court.

According to school board attorney Martin Pierson, the fight is far from over when the federal case is settled. Charges are pending at the state level. That could mean another trial and the likelihood of more appeals.

The criminal appeals could delay the employment appeal for years.

Washington County School District Superintendent Tim Savage says that because the board must now pay both Schmitz and her replacement, the schools and the students are the poorer for it.

"It's taking money out from in front of students, and that's just wrong," Savage said.

The school board has tried another avenue to get an emergency stop in Schmitz's pay, but a judge overruled the attempt and told the board to wait on the arbitrator's ruling.

"The theory behind the law is good," Pierson said. If a teacher feels that he or she is unfairly fired or accused of something by the board, they get a chance to have an outside arbitrator hear the case while continuing to collect pay to support their families.

"She has always maintained her innocence," Briskman said of Schmitz.

"It's not my job to do the judging, but a jury has convicted her," Savage retorted.

None of the attorneys could say when the case and all its appeals might be resolved.

LA: Teacher fired after investigation of abuse claims

Posted: March 17, 2009 11:44 PM EDT
Updated: March 18, 2009 07:59 AM EDT
By Keitha Nelson
http://www.wafb.com/Global/story.asp?S=10025638

BATON ROUGE, LA (WAFB) - A Baton Rouge teacher has been fired after a mother says he grabbed her son around the neck, sending him to the hospital.

The alleged attack happened last Wednesday at Glen Oaks Middle School. Anthony Percy's mother says the school's principal saved her son. In an incident report, Dr. Michael Eskridge said he saw a teacher with his hand around Anthony Percy's neck.

The teacher, Jeffrey Greenwald, reportedly had the 13-year-old pressed against the doorway of a classroom. "He just choked me," Percy said. "Then, when the principal came, he said, 'You can't do that to a child.' And then he said, 'Oh, I'm sorry.'"

Sheleith Givens says her son's name was not on a list to get into the classroom where Greenwald stood checking names. It's not clear exactly what led to the alleged choking. Givens says she simply can't believe it. "'Cause, when I let my children out in the morning to go to school, I'm expecting they're in care, like they're in care with me."

Percy's neck is currently tilted to the right because, according to doctor reports, his neck was strained and muscle fibers were stretched out of place. "My other teachers would never do that to me. He's the only one," said Percy.

Givens says she's grateful Eskridge stepped in and helped her son, but even though Greenwald has been fired, she believes more needs to be done. "I'm not satisfied with him just getting laid off," she said. "It's easy. He'll find another job. My concern is will he ever try to do this to another child."

Annie Morrison, the school's spokesperson with Advance Baton Rouge, says an investigation was conducted immediately after the incident. She says Greenwald was put on leave and after the investigation was complete, he was fired.