Showing posts with label Virginia. Show all posts
Showing posts with label Virginia. Show all posts

Thursday, August 5, 2010

VA: Autism Teacher Charged With Child Cruelty

August 3, 2010

By Kenny Gamble

http://www.wusa9.com/news/local/story.aspx?storyid=106232&catid=158

Centreville, Va. (WUSA) - A pre-school autism teacher has been suspended pending charges of child cruelty and a lesser charge of child abuse, according to Fairfax County Police.

Police said Jennah Christine Billeter, of Fairfax, physically assaulted and mistreated two boys, ages four and five, who were assigned to her class at Deer Park Elementary School, in the Centreville area.

School officials said they suspended Billeter the moment they found out about the charges. Officials said they immediately launched an investigation as a result of the allegations.

Billeter is charged with one count of misdemeanor assault and two charges of felony cruelty to children.

Anyone with more information is encouraged to contact Crime Solvers at (866) 411-TIPS (8477), or call Fairfax County Police at (703) 691-2131.

You can find more information at www.fairfaxcrimesolvers.org.

Monday, June 22, 2009

VA: Under the Desk

How Chesterfield and school systems across the country are skirting federal laws to avoid educating the disabled.
by Chris Dovi
Posted On: 6/16/2009

After fighting the Chesterfield County Public Schools to restore her child’s basic civil rights, an out-of-court settlement should have meant a happy ending for Anna Long.

Instead, it opened another sad chapter for Long’s daughter, Adriana, a rising sixth-grader with profound physical disabilities at Swift Creek Middle School. The school system, Long says, is still working hard to deny her daughter an education.

“It’s starting all over again,” says Long, shuffling through boxes of documents collected during the yearlong legal battle. “We’re not going to let it happen again.”

Indeed, Adriana’s past troubles at the school took on epic proportions. A child with severe disabilities — her many conditions include brittle bones and skeletal deformities that restrict range of motion and leave many of her vital organs unprotected — Adriana suffered various medical setbacks and underwent multiple surgeries while attending Swift Creek Middle.

On at least one occasion, Long has documentation of an attempt by school officials to rediagnose or upgrade Adriana’s condition to justify decreased services.

While the case was being litigated, court records show, the school district attempted to prove Adriana’s condition was not as dire as claimed — in one instance, forcing her to perform sit-ups — resulting in visits to the emergency room.

The settlement was supposed to allow Adriana to go back to school with the assistance she needed. Now, the district has backed away from what it promised to Adriana, Long says, and she can’t afford further legal remedies.

The Longs aren’t alone. Adriana’s case offers a glimpse into a nationwide pattern of intimidation of parents and denial of rights by school districts, which is beginning to catch the attention of federal lawmakers.

In Long’s case, it starts with a simple question of semantics: What is an aide?

Long won’t talk about her out-of-court settlement with the school system but says her daughter received a full-time, one-on-one aide to assist with Adriana’s profound physical disabilities. But now the school district is balking at providing an aide to assist Adriana, and instead is only offering to provide an “adult assistant” — in other words, it won’t promise a full-time aide with training to deal with children with special needs.

“They’re trying to provide her with less than they provided before,” says Judith Greenberg, founder of Maryland-based School Finders and a national educational advocate and expert witness who represents parents all over the country. “I see it as an attempt to slowly erode what they agreed to in the settlement.”

The Chesterfield schools avoidance of written promises to Adriana is well documented. In an Oct. 20, 2006, e-mail obtained by Long’s lawyers during the suit, Carolyn Urban, the county’s then-assistant director of special education, tells a Clover Hill Elementary administrator that “you should would [sic] refrain from putting anything in writing.”

And just eight days before Urban’s e-mail, Mike Asip, the county’s director of exceptional education, warns administrators that the Long family will seek guarantees of a one-to-one aide “which we must refuse.”

Adriana’s case is not isolated.

Last month, Priscilla Greene attended what she vowed would be her final Chesterfield County School Board meeting to give its members a piece of her mind.

Green’s battles against Chesterfield began not over denial of services, but instead over what she believes is another attempt to deny rights to her child, who suffers from Down syndrome.

Coleman, an 11-year-old with no history of violence, repeatedly has been physically restrained by Chesterfield teachers and administrators. In one instance, Greene witnessed the restraint — a teacher she was talking with in a hallway suddenly dropped Coleman into a restraint hold before her disbelieving eyes. But there are other instances —more than a dozen instances of restraint and 20 or more instances of seclusion — she’s uncovered only by obtaining internal memos and documents between school staff and administrators about her child.

“They think they’re untouchable,” says Greene, whose son now attends a private school for special-needs children, which the county is paying for, at a cost of nearly $6,500 a month.

“This is so devastating,” she says, labeling the school district’s treatment of disabled children cruel, its policy and actions regarding restraint potentially illegal, and the fact that those regulations seem to be applied only to special-needs children a violation of civil rights.

“To me, this is discrimination,” she says. “You can’t hold a [discipline] policy for a certain body and not for the rest.”

It would seem others may agree.

Last month, Congress convened investigatory hearings on use of seclusion and physical restraint on children, prompted by a number of nationally publicized pupil deaths and injuries. The investigation may soon expand to examine a disturbing trend allegedly uncovered during the hearings: willful retaliation by school districts against parents of children who speak out or advocate for their children.

Preparing for the hearings, the Virginia Department of Education in April completed a report on localities’ use of seclusion and restraint on special-education pupils. Among concerns were that many school districts lacked any policies for when to use restraints. Chesterfield was among the few that did have such policies, but what Greene discovered in defending her son is that the policy was developed by the state specifically for students with emotional disabilities, and that it’s since been applied generally to all disabled students.

The state report found that many school districts avoid adopting policy as a matter of legal self-preservation.

“Several school divisions said their school board attorney or the [Virginia School Board Association] advised them not to establish a policy, regulation, etc. … on this issue,” the state report says, giving the reason from five school board lawyers as concern that adopting such policy “is giving the potential plaintiff a standard against which the [school system’s] action can be judged.”

In other words, “preserving the school division’s immunity defense is critical,” the state reports.

That self-preservationist technique — used both in creating policy as well as in agreeing to provide services to pupils such as Adriana — is endemic to Chesterfield and to school districts statewide, says Kandise Lucas, a special education advocate for parents in Chesterfield and Henrico counties.

The reason, she says, is simple: “The bottom line is about the bottom line. If they can avoid paying out money for special-education needs, they’re going to avoid doing it.”

And there’s very real financial incentive to such avoidance. The federal government provides additional subsidies for pupils classified as having special needs, but that money rarely is enough to cover expenses associated with the services such children require.

“The biggest issue we have is [school officials] are being told don’t put it in writing,” Lucas says. “The school districts are trying to do just enough to get by, but in the process they’re breaking the law.”

Lucas, an advocate for scores of Chesterfield and Henrico parents, says the tide will turn against districts that systematically seek to limit services.

“Passing the [federal special education] laws was the first step, but the hardest part is getting the districts to enforce the laws,” she says. The current congressional hearings, she says, could eventually lead to a broader civil rights investigation.

One reason there’s already not outcry over civil rights issues, Lucas says, is money. Civil rights organizations, she says, are “nervous about taking on [school] districts and the financial obligation.”

This nervousness gives districts the upper hand, she says. In Priscilla Greene’s and Anna Long’s cases and in others, it’s left parents fighting alone for their own children’s rights rather than shoulder-to-shoulder for reform.

“They bully us and tell us don’t say anything and we’ll give your child tutoring or give her civil rights back,” Long says. “And they know that most of us are scared and will be quiet.”

Friday, May 22, 2009

VA: Teacher’s Past Use of Force Prompts Call for Rules on Restraining Students

By Michael Birnbaum (Contact), Maria Glod
Originally published at 3:47 p.m., May 20, 2009Updated at 1:14 a.m., May 21, 2009
http://loudounextra.washingtonpost.com/news/2009/may/20/light-loudoun-teachers-use-force-education-secreta/?local

Citing "disturbing" reports of schoolchildren harmed when teachers physically restrained them, U.S. Education Secretary Arne Duncan called on state school chiefs yesterday to develop plans this summer to ensure that restraints are used safely and sparingly.
Virginia and Maryland have policies that call on teachers to use other means to calm students and to turn to physical restraint only when a student is in danger of hurting himself or others. D.C. law provides no guidance on the issue for public schools but restricts public money from going to private schools if they restrain students in ways that are physically dangerous.

Duncan's announcement came a day after federal investigators revealed word of hundreds of allegations that youngsters were improperly held, bound or isolated in schools over the past two decades. Investigators with the Government Accountability Office highlighted a 2002 case in Texas that involved a teacher who now works in Loudoun County. Teacher Dawn Marie Hamilton lay on a 14-year-old boy who refused to stay in his seat, and the boy died, according to the report.

Hamilton, a special education teacher at Park View High School in Sterling, was hired in Virginia by officials who had no knowledge of the incident, which did not turn up in background checks. Hamilton was not criminally charged but was listed on a Texas registry of individuals found to have abused or neglected children.

Hamilton has been placed on administrative leave with pay. She did not respond to an e-mail or a phone message left at her home yesterday.

No federal law restricts the use of restraints or seclusion in schools, and the states have a patchwork of regulations, the GAO report found. Investigators also noted an absence of a central government effort to track the use of restraints in schools or allegations of abuse.

Duncan, who spoke during a congressional hearing on President Obama's education plan, cited as a model an Illinois policy that prohibits the use of restraints as a punishment, requires documentation of each incident and includes considerable training for teachers.

"I'm going to be working with state school chiefs as we go into the next school year to make sure that across the country we are thoughtful and we are not doing anything that endangers children," he said.

The use of restraints in schools presents a delicate balance for educators who are teaching a growing number of special-needs children who might have behavioral problems. In general, restraints and seclusion are used only in cases in which children might harm themselves, classmates or staff members. [NOTE: There is the BELIEF that restraints and seclusions are only used in "emergencies." We know for a fact that "in general" restraints and seclusions are NOT being used "only in emergencies," but are being over-used and unnecessarily used. See the links on the side bar for "restraint" and "seclusions" to read through a collection of news stories on these issues.]

Mary Kealy, an assistant superintendent for pupil services in Loudoun schools, had been scheduled to testify at a congressional hearing Tuesday to discuss the GAO report but dropped out after Hamilton's connection came to light.

In written testimony, Kealy said that all Loudoun special education teachers are required to have basic training in defusing conflicts and that physical restraint training is done only for teachers who work with students with autism, emotional disabilities and severe cognitive challenges. Training is available but not required for general education teachers, she said.

"The appropriate use of physical restraint may be a tool, under certain circumstances, used as a last resort for students who exhibit out of control or dangerous behavior and may injure themselves or others," Kealy said.

Hamilton was working in a Texas middle school in 2002 when 14-year-old Cedric Napoleon stopped doing his work and teachers delayed his lunch as punishment, according to the GAO report. The boy tried to steal candy and refused to stay in his chair. Hamilton held the boy in his chair, investigators found. He struggled, and she put him on the floor and lay atop him as he kicked and cursed. According to state documents, the boy suffocated.

Since the 2002 incident, according to a Loudoun schools official, Hamilton has worked at another public school in Texas; at a private academy in Springfield; and at Rock Creek Academy, a private special education school in the District.

Wednesday, May 20, 2009

VA: Loundoun County Public Schools Teacher Placed on Administrative Leave

Loudoun County Public Schools special education teacher has been placed on
administrative leave after national media coverage of a 2002 incident in which
she is alleged to have suffocated a student while teaching in Texas.

Dawn Marie Hamilton, who teaches at Park View High School, was not criminally
charged in the death of 14-year-old Cedric Napoleon. The student died after
Hamilton held the student on the ground, laying her body on top of him after the
student refused to remain in his seat. Although Hamilton was not indicted by a
grand jury after Cedric's death, an administrative judge placed her name on a
state registry of individuals found to have abused or neglected children after
finding that she used "excessive and unnecessary force" in restraining the
student.


According to Loudoun County Public School administrators, neither the incident
nor the state registry listing was noted on background checks that School Board
policy requires to be completed on new hires.


Schools spokesman Wayde Byard said the school system had never seen the Texas
registry, and that Hamilton had passed FBI and Child Protective Services
background checks the school system performs on employees.

Byard added that Hamilton's last employment reference, Rock Creek Academy in
Washington, DC, "came back clean" as well.

Hamilton was placed on administrative leave while school staff reviews her
personnel records to "determine her employment status."

Under the school system's procedures, all employees are to be asked during the
hiring process if investigations by any government agency on allegations of
child abuse have found the allegations to be valid, Byard said. Since Hamilton
was never indicted by a grand jury, she could "hypothetically answer 'no' to
that question," he said.

Cedric's foster mother Tricia Price testified this week in a Government
Accountability Office congressional hearing on restraining schoolchildren that
revealed hundreds of cases of children allegedly improperly held, bound or
placed in isolation. It was GAO investigators who reported Hamilton to the state
department of education, which in turn informed the Loudoun school system.

"If that teacher was just doing her job," Price said in her testimony, "then
something is very wrong with the system."

Mark Kealey, assistant superintendent of pupil services for the school system,
said while no School Board policies covering restraining students exist, Loudoun
adheres to the Virginia Department of Education guidelines for special education
programs, which exceeds the federal guidelines in more than 100 areas.

Kealey said teachers in Loudoun "absolutely" do not use the kind of restraint
Hamilton used on Cedric. Teachers are trained in the Mandt system, she said,
which emphasizes "de-escalation" of crisis situations through communication.

"We want situations where [teachers] don't have to put their hands on students,"
Kealey said. Teachers never use seclusion techniques and restraining students is
not recommended, but some options are available during emergency situations, he
said.

VA: Teacher Involved in Student Restraint Incident

posted 05/20/09 8:38 am

STERLING, Va. - As attention is focused nationwide on the treatment of special education students, a local teacher has landed in the spotlight over an incident that left a student dead. 

The teacher, who has not been identified publicly, taught special education classes in Texas, where the incident occurred. Now, she is in the classroom at Park View High School in Sterling. 

The school system learned about the teacher's history for the first time last Thursday. The next day, the teacher in question was placed on paid leave pending the outcome of an internal probe. 

According to a federal report, that teacher was found by police in Texas to have contributed to the death of a student, yet she nevertheless passed a background check to teach in Northern Virginia. 

"[It's] very frustrating because we just don't know who is teaching our children," said Daniele Duff, a Park View parent. 

On Capitol Hill Tuesday, lawmakers heard heartbreaking testimony from parents whose children were hurt or even killed while being restrained for disciplinary reasons at school. 

Cedric Napoleon suffered so much abuse in his young life that, at age 14, he was already experiencing post-traumatic stress disorder, an affliction often associated with soldiers at war. 

By 2002, he was under the care of a foster family and attending middle school in Killeen, Texas, in a class with a special education teacher. That's when his troubled childhood took an even darker turn, lawmakers learned Tuesday in a hearing about school discipline. 

Acting out in class one day, Cedric, 129 pounds, was pinned to the floor by his 230-pound teacher, who lay on him to quiet him down, federal investigators say. When she got off or soon after, he was dead. 

"If that teacher was just doing her job, then something is very wrong with the system," Toni Price, his foster mother, told a congressional committee. 

Government investigators said the death was ruled a homicide, but a grand jury did not indict the teacher. 

A judge found that the teacher used excessive force on the child and was reckless in her actions, the report said. 

"The teacher also ignored pleas and warnings that the child could not breathe and continued to hold him after he became still and quiet, the judge noted," the report said. 

"If I'd treated Cedric that way, I'd be in jail," said Price, who appeared with a framed photo of her son. 

That teacher was hired at Park View in 2007 after passing her background check. 

"Because her case went directly to a grand jury in Texas she was not arrested, she was not indicted. It was not in the crime information system so it turned up blank," said Wayde Byard, a Loudoun County (web | news) schools spokesperson. 

"We take it very, very seriously. Obviously if a candidate came to us with this kind of thing where it was verifiable they would not be a candidate," added Byard. 

School officials say the employee in question is considered a "teacher in good standing," meaning there's nothing to indicate she's done anything wrong at Park View. In the light of the current controversy, though, they are now looking into every aspect of how she became employed, including how she filled out her application. 

Monday, January 26, 2009

VA: Ex-Regent official convicted of child sex abuse

CHESAPEAKE, Va. (AP) - A former Regent University dean has been convicted of sexually abusing children.

Stephen McPherson, a former Regent University law school assistant dean, pleaded guilty Friday in Chesapeake Circuit Court to two counts of forcible sodomy and two counts of object sexual penetration. Sentencing is scheduled for May 22.

According to indictments, the charges stemmed from events between May 2000 and May 2002 that were reported to Chesapeake police in July 2007.
___
Information from: The Virginian-Pilot, http://www.pilotonline.com/

Sunday, January 25, 2009

Announcement: Nominations Are Sought For Child Welfare Awards (Virginia)

If you know of someone who would be eligible for this award, please consider nominating them:

The Northern Virginia nonprofit group Stop Child Abuse Now is seeking nominations for the 2009 Allies in Prevention Awards.

The annual awards were created to recognize unsung heroes who go above and beyond to support and protect the community's children, the group said in a news release. Residents of the Prince William County area, Loudoun, Fairfax and Arlington counties and Alexandria can be nominated.

A task force from the Allies in Prevention Coalition will select the winner. In six years, more than 30 people have been honored through the program. This year's winners will be announced during a luncheon in April.

Nomination forms must be turned in by Feb. 16. To submit a name, visit http://www.scanva.org or call 703-820-9001.

Sunday, December 28, 2008

VA: Mental patients isolated for years despite laws

By DENA POTTER
The Associated Press 
Tuesday, December 23, 2008; 2:01 PM


http://www.washingtonpost.com/wp-dyn/content/article/2008/12/23/AR2008122301458.html?hpid=sec-health

STAUNTON, Va. -- Mental patients sprinkled throughout the nation's psychiatric hospitals are being locked up alone for years despite laws aimed at preventing the practice, because medical workers say they're too dangerous to handle any other way.

Health officials call them outliers _ rare, unpredictably violent people who don't respond to medication or other treatment. Advocates call them victims of a system that has lost patience and creativity in caring for those who are most difficult to treat.

Loopholes in federal and state laws and impotent oversight allow hospitals to lock some patients away for the safety of staff and other patients. Some cases involving seclusion and restraints have resulted in costly lawsuits, yet they are so rare that many advocates had no idea there were similar situations in other states until The Associated Press inquired about it.

No one tracks such cases. However, through interviews and records from advocacy groups and state and federal agencies, the AP found at least a dozen patients who were held in seclusion for months or years at a time.

"I think it's just a wink and a nod and some people are looking the other way," said Charlie McCarthy, an advocate with Disability Rights Montana, who nevertheless said he understands what drives hospitals to work around the law.

"Everybody's frustrated with what do you do with somebody like this? The patient has rights, but the other patients have rights to be safe and free from abuse."

In Virginia, one man was locked in a three-room suite for 15 years and another patient was held in a similar setup for five years. Connecticut and Florida have paid millions over allegations that they tethered patients to furniture for years.

Federal law requires that seclusion or restraints _ including drugs _ be used on patients covered by Medicare or Medicaid only in emergencies to protect other patients and staff. Such measures can be used for more than 24 hours only if a physician deems it necessary, and only if a doctor updates that assessment daily.

Moreover, the U.S. Supreme Court has ruled it unconstitutional to restrain or isolate patients for extended periods.

The laws and court rulings don't cap the consecutive days a patient can be isolated or restrained, though, so hospitals can hold a patient indefinitely by simply signing off on it every 24 hours.

The Supreme Court also has ruled that hospitals must treat people who are involuntarily committed. So Stuart Grassian, a psychiatrist who has studied the effects of solitary confinement on prisoners, and others question whether outliers are being held legally.

"Once a person is locked up, the state has to provide them with adequate and appropriate treatment, otherwise they lose any authority and any legitimacy to keeping the people locked up against their will," Grassian said.

Seclusion, he said, can intensify patients' paranoia, agitation and delusions.

Advocates insist that with proper training and sufficient staffing, hospitals can eliminate the need for seclusion and restraints in nearly all cases, not just outliers.

In 1997, Pennsylvania enacted stricter policies against those techniques, trained staff in crisis management and established minimum staffing levels for its psychiatric facilities. Today, the state does not seclude or restrain patients for extended periods and rarely uses either method at all, according to the state mental health agency.

Such efforts can be costly, but proponents cite them as proof that with the right support, any mentally ill person can improve enough to safely interact with others.

"People can make progress and they do get to a point where they can be reintegrated into the community," said Deborah Dorfman, deputy director of the Los Angeles-based Disability Rights Legal Center. "You just need the right treatment and the right expertise."

A spokesman for the Justice Department's Civil Rights Division, which investigates complaints concerning institutionalized individuals, would not comment on the use of seclusion and restraint. According to its Web site, the division wrapped up two probes this year that found improper use of seclusion and restraint in Oregon and Georgia and recommended policy changes to the governors of those states.

At Oregon State Hospital, investigators found four patients who had lived in prolonged seclusion, some for at least a year. In a report, the Justice Department called the practice "unrefined and unlawful" and said it had never "encountered the use of continuous seclusion as a planned treatment strategy."

Since 2006, the Justice Department has entered into settlements with California, Vermont and the District of Columbia over violations that include improper seclusion and restraint at mental hospitals.

At Western State Hospital in Staunton, Va., the state stepped in after staff placed Cesar Chumil in a three-room "limited containment suite" in 1993, where he has remained since. Chumil averaged 300 assaults against staff and another 100 against patients over seven years before he was placed in the suite, according to records from a closed administrative hearing obtained by the AP.

Hospital officials claim the 58-year-old has more freedom than before, when records show he spent thousands of hours in a small seclusion cell or restrained to a bed or chair.

"It's a big step to put somebody in a room like this and say, 'You can't come out,' but we had so many people getting injured and so many staff were out of work," said Stephen Johnson, the psychologist on Chumil's ward. "It just got to the point where it was just untenable ... so we had this one solution."

Last summer, a state oversight committee determined that the hospital should move Chumil out of seclusion. The hospital moved all other patients off Chumil's ward this month and unlocked the door to his suite so he could go out into an activity room when he wanted. Hospital workers in padded gear and helmets must be present _ for everyone's safety, but also so that he is no longer alone and therefore no longer technically in seclusion.

In Connecticut, a 23-year-old man has lived in a two-room cell since 2001, said Nancy Alisberg, an attorney for the state's Office of Protection and Advocacy. When he behaves, staff take him on walks around the grounds and sometimes take him to church and other places, she said, declining to identify the man because of privacy laws.

Often, the rooms where patients are held for months or years at a time are more pleasant than traditional seclusion rooms _ usually tiny block rooms containing only a mattress. They have TVs and personal items. Chumil even has a phone.

"In a situation like that, the best you can do is to create a living environment that is as safe and contained as possible," said Kevin Huckshorn of the National Association of State Mental Health Program Directors. "And while yes, you could call it seclusion, the only other options are going to be things like restraint, which is even more restrictive."

Patients have been removed from long-term seclusion in other states, including Massachusetts, Oregon and Maryland, after advocates stepped in, some threatening lawsuits. Other states have paid millions of dollars for breaking restraint and seclusion laws.

In Florida, the state lost a lawsuit in 1998 and was forced to pay $18 million for strapping a man to a bed or wheelchair for 2 1/2 years.

Connecticut has paid $600,000 a year since 2002 to house a former patient at a special facility in California as part of an out-of-court settlement. He had been tied to a bed in a small, concrete room at Connecticut Valley Hospital in Middletown for more than a year, said Susan Aranoff, an attorney with the nonprofit Connecticut Legal Rights Project who fought for his transfer.

Wayne Dailey, senior policy adviser for the Connecticut Department of Mental Health and Addiction Services, denied holding any patient in restraints for such a long a time.

Federally mandated advocates in each state protect the mentally ill and disabled but don't have the manpower or money for constant monitoring, said Curt Decker, executive director of the National Disability Rights Network, which represents advocates.

Like other groups that look out for the mentally ill, Decker said he didn't know patients were being held in long-term seclusion but that it was something his organization will begin looking into.

"We put these people sort of out of sight and out of mind," Decker said, "and bad things can happen."

Monday, December 15, 2008

VA: Former Russell County, Washington County school teacher facing drug, child abuse charges

By Staff Report
Published December 15th, 2008
http://www.timesnews.net/article.php?id=9010376

An undercover drug investigation in Washington County, Va., nets multiple charges against a former school teacher.

Jodie Lee Counts, 30, 13275 Summit Drive Meadowview, is charged with five counts each of child abuse or neglect and possession with intent to manufacture or distribute, or sell or distribute or provide for resale a schedule I, II, or III drug, according to a Washington County Sheriff's Office report.

In the last two years, Counts taught in both Russell and Washington counties. An undercover operation launched in May led to her charges and arrest, Sheriff Fred Newman said.

The Abingdon Police Department, Virginia State Police and other state agencies assisted the Washington County Sheriff's Office with the investigation.

Counts is free on a $20,000 bond.

Monday, December 8, 2008

VA: Special education will get a special look

By Donna C. Gregory NEWS EDITOR
November 26, 2008
http://www.chesterfieldobserver.com/news/2008/1126/home/004.html

The school system's special education program will get some special attention starting in January when an internal audit will be conducted.

This comes after several parents have alleged their children were abused or neglected while attending special education classes in county schools. A system-wide audit by Phi Delta Kappa International released earlier this year also recommended a closer look at the county's special education programming due to issues with student achievement.

The school system has put the audit Kitchen Package out to bid with proposals due by Dec. 4. Tim Bullis, director of community relations for Chesterfield County Public Schools (CCPS), declined to give a projected cost for the audit.

"Since the request for proposal is still 'on the street,' we're going to withhold the expected cost. Revealing our expectations could influence, positively or negatively, the end cost," said Bullis.

The audit is expected to answer the following questions:

• How does district staff (teachers, principals, etc.) rate the quality and effectiveness of current services for students with disabilities?

• What does staff see as special strengths of these services?

• What problems or gaps in these services does staff identify?

• How confident is staff about its ability to address any problems or gaps they identify?

• What kinds of support does staff think are necessary to address these problems?

The audit will not include feedback from parents or the larger community, much to the chagrin of some who have been critical of CCPS' special education programming.

"The questions are very generalized, and they are very safe," said parent Priscilla Greene. "An audit is only as good as the information provided."

Greene withdrew her son, Coleman, from Clover Hill Elementary last November after alleging he was harmed while being physically restrained by school staff. The Coleman family has since filed a complaint with the Virginia Department of Education, claiming the school system violated policy by not providing a safe and secure environment for Coleman to attend school.

Greene questions the effectiveness of an audit that doesn't include parental feedback.

Other parents with special education children see the audit as a first step toward improving programming.

"We see it as a good thing, as a self-assessment, that they do their own internal check to see where they are. We're excited that they're actually taking a step…that they proactively have a plan. This is just one of many steps," said Cheryl Curbeam, a member of Supporting Inclusive Education for All (SIEFA), a group of parents who favor inclusion (spending more time in traditional classrooms versus special education classrooms) for their children with special needs. "Parents participating at this point is not helpful."

SIEFA does hope parents will eventually be allowed to participate in the process of discussing special education programming.

"We don't see it as just their journey alone. We believe we have a role to play," said Curbeam.

Asked if parents will be included in later discussions, Bullis replied, "The school division is open to suggestions made by those who may submit proposals. In addition, we have multiple opportunities to receive public input. Our special education staff, principals and teachers work daily with parents during IEP [individualized education plan] meetings and constantly listen to and record their thoughts, concerns and expectations. The state also surveys parents regarding special education, and we are able to take information from that engagement process."

The audit is expected to be completed, including the submission of a full report with recommendations, by Aug. 31 next year.

In addition to parental allegations, the county's special education program has shown other shortcomings. Some middle and high schools failed to make annual yearly progress as part of the federal No Child Left Behind legislation in the students with disabilities subgroup last year.

According to the most recent performance report required by the Virginia Department of Education, CCPS did not meet state targets relating to special education in the areas of drop-out rates, English and math proficiency, inclusion and parental involvement.

"Somewhere along the line something has to change," said Greene.

She questions if the school system's recently adopted six-year strategic plan really applies to all students, particularly its first goal of "academic excellence for all students."

"I feel like the [audit] questions could have been more in line with the strategic plan," said Greene. "If that's what we're working for, then we should be working toward those same goals for special education kids as well. Are they putting forth the same amount of effort in the special education programs as they do in other programs? We can't cherry pick."

Speaking on behalf of SIEFA, Curbeam is confident the school system is going to apply the same goals found in the larger strategic plan to special education programming.

"They have drafted a clear vision of how they would like to deliver services to special education kids in the future, and we as a team buy into that vision."