Friday, February 13, 2009

MN: Clogged toilet makes mess for Eagan principal

A 6-year-old student who used paper towels, not toilet paper, was forced to clear bowl by hand, his family says.
By SARAH LEMAGIE, Star Tribune
Last update: February 6, 2009 - 11:36 AM
http://www.startribune.com/local/south/39179367.html?elr=KArksUUUU

Complaints from the parents of a kindergarten student that their son was forced to unclog a toilet with his bare hands resulted in proposed disciplinary action against an Eagan elementary school principal Thursday.

Doug Steele, principal of Rahn Elementary, has been on paid leave since mid-December while the Burnsville-Eagan-Savage school district has investigated the complaint. On Thursday night, the school board passed a resolution proposing disciplinary action against Steele.

Because of data practices law and union rules, district officials said they would not comment on the case or the nature of Steele's punishment until he exhausts all appeals.

According to Elijah and Shannon Hannah, they filed the complaint in December after their 6-year-old son told them that Steele made him clean out the contents of a toilet bowl that the boy had accidentally clogged on Dec. 12. The boy, whom the Star Tribune is not naming because of his age, told them that he used a bathroom in his classroom and wiped himself with paper towels, which then clogged the toilet.

The Hannahs said that when the boy's teacher found out, she called the principal, who made the boy reach into the toilet bowl, remove the material and put it in the trash.

Elijah Hannah said that when he learned of the incident he was furious. "With a 6-year-old boy, you've got a custodian to do that," he said. The boy's parents said he hadn't had any previous bathroom problems at school.

Elijah Hannah said that he called Steele on the Friday night he learned of the incident and that the principal returned his call over the weekend. He said that Steele was apologetic when the two men met at the school on Monday and that the principal told him he hadn't realized that the boy had used the toilet.

Steele declined to respond to the Hannahs' account Thursday, adding, "They're a very nice family."

Steele also would not say what disciplinary action the district approved. Before the board met he said that he had not decided whether to appeal.

Hannah said that if the district does not fire the principal, the family will consider legal options.
The Hannahs' son remains in the same class at Rahn.

The family has talked five or six times to Sue Grissom, the district's executive director of human resources, Elijah Hannah said. Grissom, who came to the family's Eagan home to interview them, is the only district official that the Hannahs know of who has talked to the boy about the incident, Elijah Hannah said.

An interim principal, Elaine Mehdizadeh, replaced Steele, who came to Rahn Elementary in 2003. He was hired by the school district in 1996 as principal of William Byrne Elementary School in Burnsville.

Sarah Lemagie • 952-882-9016

NV: Girl Forced To Take Pregnancy Test

theKCRAchannel.com
updated 4:17 a.m. ET, Tues., Feb. 10, 2009
http://www.msnbc.msn.com/id/29111160/

NEVADA CITY, Calif. - A 12-year-old girl was forced to take a pregnancy test at school in Nevada City, a lawsuit filed in Nevada County Superior Court alleges.

The Pacific Justice Institute, which is representing the girl, said in a news release that Steve Davis, a counselor at Seven Hills Middle School, pulled the girl out of class.

KCRA 3 has decided not to name the girl out of protection for her privacy.

Davis heard rumors that she was pregnant and wanted to know if it was true, the release said.

Though she denied it and told Davis a classmate had spread rumors about her in the past, the counselor got a pregnancy test from the school nurse and told the 12-year-old to give a urine sample, the Pacific Justice Institute said.

The pregnancy test was negative.

According to the news release, the girl was embarrassed and humiliated, and her parents were angry when they found out.

They worked with the Pacific Justice Institute to get an apology from the Nevada City School District, but didn't receive one.

The lawsuit, filed Oct. 29, 2008, seeks damages for violation of the girl's right to privacy and emotional distress.

"There is no merit in the claim," Superintendent Roger Steel said. He directed further questions to the district's attorney.

Reached at home Monday night, Davis said he had no comment on the lawsuit.

TN: Metro teacher suspended for taping child's mouth shut

By JAIME SARRIO • The Tennessean • February 11, 2009
http://www.tennessean.com/article/20090211/NEWS0401/90211025

A third-grade Metro Nashville teacher is on paid leave after he confessed to taping several students' mouths shut and taping another student to a chair.

Kevin Ray, a teacher at Park Avenue Elementary, was suspended Feb. 6 after he reported the incident to the principal, said June Keel, head of human resources for Metro Schools. Ray could not immediately be reached for comment.

Keel said Ray reported the incident after realizing it was not an appropriate form of discipline. He allegedly taped the students with packaging tape after they would not quit talking and taped one little girl to the chair while she took a test.

District officials are investigating the case and said they expect to have a decision on Ray's punishment by the end of the week.

This is Ray’s first year teaching in Metro Schools. Park Avenue is located in North Nashville and has an enrollment of about 228 students.

Principal Deltina Braden declined to comment.

Contact Jaime Sarrio at 615-726-5964 or jsarrio@tennessean.com

TX: Teacher Accused of Abuse

Last Edited: Thursday, 12 Feb 2009, 7:39 AM CSTCreated On: Wednesday, 11 Feb 2009, 1:31 PM CST
Alex Supgul
http://www.myfoxhouston.com/dpp/news/090211_Teacher_Reaches_Plea_Agreement

HOUSTON - A former Spring Independent School District teacher has reached a plea agreement in her sexual abuse case.

Shannon Kay Hrozek, 43, was sentenced to 10 years of deferred adjudication after she pled guilty to two counts of inappropiate conduct between a teacher and a student. She does not have to register as a sex offender, but must surrender her teaching certificate and also cannot be around anyone under the age of 17 without a chaperone.

Hrozek was originally charged with 2 counts of sexual abuse of a child after a Westfield High School assistant principal walked into a classroom and allegedly found her performing a sexual act on one of her students.

The jury was dismissed in the case Tuesday after the plea agreement was reached.

CA: OC priest facing new sex abuse allegations

Tuesday, February 10, 2009
http://www.sfgate.com/cgi-bin/article.cgi?f=/n/a/2009/02/10/state/n215255S56.DTL

(02-10) 21:52 PST Santa Ana, CA (AP) --
An Orange County priest who was accused of molesting a boy more than 30 years ago is facing new civil allegations that he sexually abused a third-grader in the 1990s.

The Orange County Register reported Tuesday that Denis Lyons is a defendant in a lawsuit that claims he abused a boy at St. John the Baptist School four times between 1994 and 1995.

Prosecutors say Lyons was charged with molesting a teenage boy over a three years beginning in 1978.

Those charges were dropped in 2003 when the U.S. Supreme Court ruled that California couldn't prosecute people for sex crimes after the statute of limitations has expired.

The Diocese of Orange says Lyons was removed from ministry in 2002.

OR: Bills seek to prevent abuse in Oregon schools

2/11/2009, 1:29 p.m. PST
By BRAD CAIN
The Associated Press
http://www.oregonlive.com/newsflash/index.ssf?/base/news-29/1234388044195070.xml&storylist=orlocal

SALEM, Ore. (AP) — The Oregon Senate has approved two bills aimed at preventing educators and others working in schools from sexually abusing students.

One measure expands the state's authority to require fingerprinting of newly hired school employees — even if they don't have direct, unsupervised contact with children.

The other would give the state authority to revoke or suspend the right of student teachers to apply for a license if they engage in misconduct.

Backers say that while the number of sexual abuse cases in schools is small, the state needs to do whatever it can to keep children safe.

Both bills go to the House.

Thursday, February 12, 2009

ND: North Dakota panel recommends bill on corporal punishment

NOTE: Bill aims to protect teachers from being fired...

Janell Cole, Bismarck Bureau, DL-Online
Published Thursday, February 12, 2009
http://www.dl-online.com/articles/index.cfm?id=41557

BISMARCK – A Senate panel has blessed a bill that could prevent another firing like the one that affected former West Fargo school music teacher Mavis Tjon.

The Senate Education Committee on Wednesday agreed to recommend passage of Senate Bill 2289, which would require school districts to create corporal punishment policies that are no stricter than state law.

It also calls for a district with more than one school to have the same policy throughout, though variations are assumed for different ages of students.

Tjon was fired in late 2006 after she tapped a boy on the head to get his attention while he was disrupting a class. She protested her firing in court and lost.

Tjon was not in Bismarck to testify Wednesday because she has suffered a broken hip, senators said, but she had Sen. Judy Lee, R-West Fargo, read testimony she had prepared.

The West Fargo school policy did not require the school officials to prove that a teacher intentionally caused a student pain or injury, Tjon said, and so she was dismissed even though the boy’s parents never made a complaint. The district allowed each separate school building to have its own unique corporal punishment policy, and Tjon taught in three different schools.

AL: Warren speaks on paddling controversy

By David Lusk
The Weekly Post
http://www.theweeklypost.com/story.lasso?ewcd=593828feb893fb98

Published February 12, 2009

FYFFE—Recent media reports of problems with corporal punishment at Fyffe are misleading, according to DeKalb County Superintendent Charles Warren.

Warren explained that a child attending Fyffe School had violated the cell phone policy after being warned by school officials on more than one occasion.

Principal Ricky Bryant then took possession of the cell phone. Warren believes that Bryant reacted appropriately and within school board policy, and added that, in spite of media focus, the student in question was never paddled or had corporal punishment used on them.

“The fact remains that the child knew of our cell phone policy and chose to violate it,” said Warren.

Although corporal punishment is allowed in Alabama schools, it is not the only disciplinary option. Cell phones and compliance with rules, said Warren, are the real issues.

“In our cell phone policy we make special provision for students with medical conditions or other good and just cause, but they must be pre-approved by the principal,” the superintendent explained.

“Other than that, we see no reason that a child needs a cell phone at school. While cell phones are a convenience, they cause numerous problems. We have had bomb threats called in, we have had test answers texted from student-to-student, we have had pictures taken at inappropriate times causing problems between students. So in our opinion, cell phones are more of a hinderance than a help in public school.”

ABUSE IN SCHOOLS IS OUT!

By Jordan Riak 1998
Reprinted with permission from Project No Spank

www.nospank.net

Abusive treatment of schoolchildren, often misrepresented as discipline, punishment or chastisement, is wrong and dangerous. Informed and responsible educators have known for a long time that both physical and non-physical mistreatment of children by their teachers is unprofessional behavior; that it can destroy children's enthusiasm for learning and set the stage for serious emotional and behavioral problems. For that reason, no college or university teacher training program instructs undergraduates how to frighten, hit, manhandle, scream at, berate, humiliate or otherwise hurt children.

The large majority of teachers are competent and caring professionals who do not mistreat children physically or emotionally, and most school administrators set high standards for teacher behavior within their schools. Sadly, however, in some schools there are teachers who are
unsuited to their profession and who habitually hurt children, and some school administrators who lack the will or ability to maintain high professional standards in their schools. Some administrators are themselves abusive toward children and therefore are incapable of setting a good standard for teachers.

Parents and Teachers Against Violence in Education (PTAVE) continually receives complaints about abuse to schoolchildren and the list that follows has been compiled from those complaints.

Variety of mistreatment of schoolchildren:

[ ] Paddling
[ ] Spanking
[ ] Slapping
[ ] Cuffing
[ ] Grabbing
[ ] Shaking
[ ] Dragging
[ ] Shoving
[ ] Pinching
[ ] Pulling a child's hair or ear
[ ] Finger jabbing a child's face or ribs
[ ] Squeezing a child's cheeks
[ ] Lifting a child up by the clothing or by the neck
[ ] Banging a child against the wall
[ ] Hurling objects at a child
[ ] Striking a desk top with a book or ruler in order to
startle children
[ ] Shutting a child in a box or closet

[ ] Forcing noxious substances into a child's mouth
[ ] Forcing a child to remain motionless or maintain a
stress position for an extended period of time
[ ] Denying the child the use of the lavatory
[ ] Allowing or encouraging bullies to torment a child
[ ] Turning a blind eye to hazing
[ ] Delegating the right to a student, sometimes called a
"prefect” or "captain," to physically punish other
students
[ ] Provoking, taunting or challenging a child to
violence
[ ] Taping a child's mouth shut
[ ] Tying a child to the desk
[ ] Forcing a child to do push-ups or run laps
[ ] Denying adequate free time for recess or lunch
[ ] Threatening, cursing or screaming at a child or at a
group of children
[ ] Using fear of punishment to motivate a child to
complete tasks
[ ] Insulting a child about poor performance,
appearance, choice of friends, etc.
[ ] Confiscating or damaging a child's personal
property
[ ] Labeling or spreading malicious gossip about a child
or a child's family
[ ] Proclaiming to the whole class that a particular child
is headed for no good–that he or she will become a
delinquent or a failure
[ ] Setting unrealistic standards of performance in order
to guarantee a child's failure
[ ] Deliberately ignoring a child who needs help
[ ] Refusing to acknowledge or reward a child's
improvement
[ ] Using sarcasm and put-downs when addressing a
child
[ ] Badgering or taunting a child to the point of an
outburst and then punishing the child for loss of
control
[ ] Punishing a group of children for the misbehavior of
an individual
[ ] Punishing an individual as an example to the group
[ ] Causing a child to be humiliated in front of peers
[ ] Calling into question a boy's masculinity because of
late development, lack of interest or ability in sports,
reluctance to fight with other boys
[ ] Calling into question a girl's morals because of early
development


[ ] Impugning a girl’s femininity because she excels at
traditionally male activities
[ ] Leading a child into inappropriately intimate or
sexually suggestive conversation or acts
[ ] Setting up a child to be scapegoated
[ ] Making a child the butt of the teacher's humor
[ ] Pitting child against child, group against group
[ ] Having children spy on each other
[ ] Isolating a child from the group for a protracted
period
[ ] Undermining a child's social status and encouraging
the group to ostracize the child
[ ] Undermining trust and communication
between child and parent(s)
[ ] Misrepresenting a child's learning disability as a
"discipline problem"
[ ] Blaming a child's family situation for school-caused
emotional problems
[ ] Persuading a family to administer personalityaltering
drugs to the child so as to make the child
more placid and tractable while at school
[ ] Retaliating against a child because of a dispute with
the parent(s)
[ ] Creating a dossier or "criminal record" of a child in
order to undermine the child's credibility or to hold
over the child's head as a threat or bargaining chip
[ ] Coercing a child to make false statements about
others or remain silent about witnessed events
[ ] Coercing a child to make a written confession
[ ] Preventing a child who is in a state of distress from
telephoning home

The preceding is by no means a complete list. It is important for all parents to know that they have a fundamental right–a moral obligation, in fact–to protect their children from mistreatment by anybody. Let your child's teachers and your school principal know that no one has your permission, nor the moral right, to hit, threaten, humiliate, degrade or otherwise abuse your child. Instruct your child never to submit to any act of aggression by any adult. Your failure to ensure a safe, nurturing, joyful environment for your schoolchild, particularly in the earliest
years, may have painful and costly consequences later. If your child is physically abused by any adult, including a school principal, teacher, coach, bus driver or ANYBODY, immediately remove the child from the abusive environment, assure the child of your full support and seek medical
treatment for any bruise or injury even if it appears minor. Obtain a copy of the examining physician's report. You have a right to it. Report the incident to the appropriate public health authority and to the police. Injuries that are visible should be professionally photographed without delay and the prints kept by you for future possible legal action.

If the abuse is non-physical, have the child assessed by a psychologist who is qualified in matters of child abuse, but NOT one who is associated with your school district or has been recommended by the school.

When you discuss these matters with the child, listen closely and patiently to what the child says. Your trust in your child will inspire openness and frankness from your child. Do
not be surprised if the school's account of events differs from the child's. Do not be surprised if the school seems more intent on shielding an abusive, incompetent teacher than in protecting children who are under the control of that teacher. Do not allow yourself to be worn down by
bureaucratic stalling or to be derailed by diversionary tactics. If you are told that you are the only parent who ever complained about that teacher, or that your child is “making it up,” don’t accept that. Keep focused on these three points: 1) your child was mistreated, 2) your child
should not have been mistreated and 3) you absolutely will not permit your child to be mistreated again. Period. End of discussion.

One day, all schools in the United States will be places in which children thrive and develop in safety and all teachers will adhere to high standards of professional conduct. No pupil will be mistreated. You can help make that day come sooner. Share copies of this publication with other
concerned people in your community. Spread the word: ABUSE IN SCHOOLS IS OUT!

IL: 'Painful Lessons': Corporal Punishment Follow-Up

Feb 11, 2009 6:46 pm US/Central
http://cbs2chicago.com/local/Painful.Lessons.Corporal.2.933011.html

CHICAGO (CBS) ― Our 2 Investigators discovered hundreds of cases since 2003 where school children were beaten or mistreated in their classrooms. A top to bottom review is now underway after CBS 2 Investigator Dave Savini's nine-month investigation. He has a look at the city's call for action Wednesday to stop those "Painful Lessons."

When we first started our investigation, we only knew of athletes beaten or hit by their coaches - but we kept digging for records and have now found it is happening inside classrooms as well.

Now we have reaction from Mayor Daley and the City Council which is demanding answers from the Chicago Board of Education.

"Nobody should be improperly or violently hit in the school," said Alderman Patrick O'Connor.

The City Council has heard the cries of students - first a teenager, then a 10-year-old. They are among hundreds of students claiming they were hurt by a teacher or coach - disturbing snapshots of 818 student beating and mistreatment allegations exposed by CBS 2.

"I am disturbed about the entire issue," said Alderman Latasha Thomas.

Ald. Thomas chairs the City Council Committee on Education and Child Development. The CBS 2 investigation prompted Thomas and Ald. O'Connor to create a resolution calling for incoming Schools CEO Ron Huberman to appear before the City Council.

"Obviously it didn't happen on his watch but he's the man in charge now, so he's going to have to answer the questions," O'Connor said.

CBS 2 uncovered school documents and security tape revealing everything from athletes hit with paddles and bats to students struck with broomsticks, belts, yardsticks and staplers.

"It never should get to violence," Ald. Thomas said.

Of 568 sustained cases against public school staff members, only 24 led to termination.

"No one should do any type of physical punishment against any child," Mayor Richard Daley said.

Mayor Daley says he has faith that his new school chief Ron Huberman will investigate how these cases are handled.

The cases include a teacher who hit a student on the wrist with a stick that had a nail in it; another gave student 100 licks with a belt; still another teacher straddled a student on the ground and repeatedly hit her in the face causing injury. A security guard who grabbed a student's neck and squeezed his genitals; a dean of students who repeatedly hit a female student with a belt; and a principal who locked a student in a supply closet for 40 minutes.

Simeon Career Academy student Bruce Zayas' paddling case was sustained, but there was videotape to back him up.

"I just remember the pain afterwards," Zayas said.

Treveon Martin, 10, alleges a teacher slammed him against a desk last November.

"I don't feel safe," Martin said.

His allegation was unfounded, but it's how his case was investigated that is raising questions. He was taken by ambulance to a hospital and treated for pain and a contusion.

But it took 70 days and our CBS 2 investigation before Chicago Public Schools sent an investigator to his school last week.

"I'm sure he's afraid in school," Ald. Thomas said.

Martin's case is now being reviewed again, and so are the others.

Ald. Thomas also questions how the Illinois Department of Children and Family Services (DCFS) handles these cases.

School officials confirm they didn't report Martin's complaint to DCFS for 10 days. School officials also say DCFS decided not to investigate the problem.

Martin's mother says that DCFS never called her to get her son's side of the story.

A DCFS spokesman says they can't comment.

For a complete list of Chicago Public Schools that have founded complaints of corporal punishment against them, click here.

MN: Federal and State Regulations Pertaining to Nursing Homes in Minnnesota

Posted by Kenneth LaBore on February 12th, 2009 in Nursing Home
http://www.mnnursinghomelaw.com/federal-state-regulations-pertaing-nursing-homes-minnnesota.html

By Attorney Kenneth LaBore

To participate in the Medicare and Medicaid programs, nursing homes must be in compliance with the federal requirements for long term care facilities as prescribed in the U.S. Code of Federal Regulations (42 CFR Part 483). Under these regulations, as well as Minnesota Rule 4658, Minnesota Statute § 144 and Minnesota Statute § 144A, the nursing home must:

• Resident Rights. 42 CFR § 483.10 and Minnesota Statute 144.651 Health Care Bill of Rights

The resident has the right to be free of interference, coercion, discrimination, and reprisal from the facility in exercising his or her rights.

• Admission, transfer and discharge rights. 42 CFR § 483.12

Minnesota Statute § 144A.135 Transfer and Discharge Appeals
(a) The commissioner shall establish a mechanism for hearing appeals on transfers and discharges of residents by nursing homes or boarding care homes licensed by the commissioner. The commissioner may adopt permanent rules to implement this section.

• Resident behavior and facility practices. 42 CFR § 483.13.

(a) Restraints. The resident has the right to be free from any
physical or chemical restraints imposed for purposes of discipline or
convenience, and not required to treat the resident’s medical symptoms.
(b) Abuse. The resident has the right to be free from verbal,
sexual, physical, and mental abuse, corporal punishment, and involuntary
seclusion.
(c) Staff treatment of residents. The facility must develop and
implement written policies and procedures that prohibit mistreatment,
neglect, and abuse of residents and misappropriation of resident
property.
(1) The facility must–
(i) Not use verbal, mental, sexual, or physical abuse, corporal
punishment, or involuntary seclusion
(ii) Not employ individuals who have been–
(A) Found guilty of abusing, neglecting, or mistreating residents by
a court of law; or
(B) Have had a finding entered into the State nurse aide registry
concerning abuse, neglect, mistreatment of residents or misappropriation
of their property; and
(iii) Report any knowledge it has of actions by a court of law
against an employee, which would indicate unfitness for service as a
nurse aide or other facility staff to the State nurse aide registry or
licensing authorities.
(2) The facility must ensure that all alleged violations involving
mistreatment, neglect, or abuse, including injuries of unknown source,
and misappropriation of resident property are reported immediately to
the administrator of the facility and to other officials in accordance
with State law through established procedures (including to the State
survey and certification agency).
(3) The facility must have evidence that all alleged violations are
thoroughly investigated, and must prevent further potential abuse while
the investigation is in progress.
(4) The results of all investigations must be reported to the
administrator or his designated representative and to other officials in
accordance with State law (including to the State survey and
certification agency) within 5 working days of the incident, and if the
alleged violation is verified appropriate corrective action must be
taken.

• Minnesota Statute § 144A.13 Compaints; Resident Rights

Subdivision 1. Processing.
All matters relating to the operation of a nursing home which are the subject of a written complaint from a resident and which are received by a controlling person or employee of the nursing home shall be delivered to the facility’s administrator for evaluation and action. Failure of the administrator within seven days of its receipt to resolve the complaint, or alternatively, the failure of the administrator to make a reply within seven days after its receipt to the complaining resident stating that the complaint did not constitute a valid objection to the nursing home’s operations, shall be a violation of section 144A.10. If a complaint directly involves the activities of a nursing home administrator, the complaint shall be resolved in accordance with this section by a person, other than the administrator, duly authorized by the nursing home to investigate the complaint and implement any necessary corrective measures.
Subd. 2. Resident’s rights.
The administrator of a nursing home shall inform each resident in writing at the time of admission of the right to complain to the administrator about facility accommodations and services. A notice of the right to complain shall be posted in the nursing home. The administrator shall also inform each resident of the right to complain to the commissioner of health. No controlling person or employee of a nursing home shall retaliate in any way against a complaining nursing home resident and no nursing home resident may be denied any right available to the resident under chapter 504B.

• Quality of life. 42 CFR § 483.15

A facility must care for its residents in a manner and in an environment that promotes maintenance or enhancement of each resident’s quality of life.

• Have sufficient nursing staff. 42 CFR § 483.30
Minnesota Rule 4658.0105 Competency
A nursing home must ensure that direct care staff are able to demonstrate competency in skills and techniques necessary to care for residents’ needs, as identified through the comprehensive resident assessments and described in the comprehensive plan of care, and are able to perform their assigned duties.
Minnesota Rule 4658.0510 Nursing Personnel
Subpart 1. Staffing requirements.
A nursing home must have on duty at all times a sufficient number of qualified nursing personnel, including registered nurses, licensed practical nurses, and nursing assistants to meet the needs of the residents at all nurses’ stations, on all floors, and in all buildings if more than one building is involved. This includes relief duty, weekends, and vacation replacements.
Subp. 2. Minimum hour requirements.
The minimum number of hours of nursing personnel to be provided is:
A. For nursing homes not certified to participate in the medical assistance program, a minimum of two hours of nursing personnel per resident per 24 hours.

• Minnesota Rule 4658.0710 Admission Orders and Physical Evaluations
Subpart 1. Physical examination.
A resident must have a current admission medical history and complete physical examination performed and recorded by a physician, physician assistant, or nurse practitioner within five days before or within seven days after admission.
Subp. 2. Admission orders.
A nursing home must have physician orders for a resident’s admission and immediate care at the time of admission.
Subp. 3. Frequency of physician evaluations.
A. A resident must be evaluated by a physician at least once every 30 days for the first 90 days after admission, and then whenever medically necessary. A physician visit is considered timely if it occurs within ten days after the date the visit was required.
B. Except as provided in this item, all required physician visits must be made by the physician personally. At the option of the physician, required visits after the initial visit may alternate between personal visits by the physician and visits by a physician assistant or nurse practitioner.
Subp. 4. Physician visits.
At each visit, a physician or physician’s designee must:
A. review the resident’s comprehensive plan of care, including medications and treatments, and progress notes;
B. write, sign, and date physician progress notes; and
C. sign and date all orders.

• Conduct initially a comprehensive and accurate assessment of each resident’s functional capacity. Resident assessment. 42 CFR § 483.20
The facility must conduct initially and periodically a comprehensive, accurate,
standardized, reproducible assessment of each resident’s functional capacity. (a) Admission orders. At the time each resident is admitted, the facility must have
physician orders for the resident’s immediate care.
(b) Comprehensive assessments—(1) Resident assessment instrument. A facility must make a comprehensive assessment of a resident’s needs, using the resident assessment instrument (RAI) specified by the State.

• Develop a comprehensive care plan for each resident. 42 CFR § 483.20 (k) and Minnesota Rule 4658.0405, Subpart 1(k) Comprehensive care plans.
(1) The facility must develop a comprehensive care plan for each resident that includes measurable objectives and timetables to meet a resident’s medical, nursing, and mental and psychosocial needs that are identified in the comprehensive assessment. The care plan must describe the following—

Minnesota Rule 4658.0405, Subpart 1, requires that “a nursing home must develop a comprehensive plan of care for each resident within seven days after the completion of the comprehensive resident assessment as defined in part 4658.0400”. The comprehensive plan of care must be developed by an interdisciplinary team that includes the attending physician, a registered nurse with responsibility for the resident, and other appropriate staff in disciplines as determined by the resident’s needs, and, to the extent practicable, with the participation of the resident, the resident’s legal guardian or chosen representative.

• Ensure that residents do not develop pressure sores and, if a resident has pressure sores, provide the necessary treatment and services to promote healing, prevent infection, and prevent new sores from developing. 42 CFR §483.25(c)
(c) Pressure sores. Based on the comprehensive assessment of a resident, the facility must ensure that—
(1) A resident who enters the facility without pressure sores does not develop pressure sores unless the individual’s clinical condition demonstrates that they were unavoidable; and
(2) A resident having pressure sores receives necessary treatment and services to promote healing, prevent infection and prevent new sores from developing.

• Provide appropriate treatment and services to incontinent residents to restore as much normal bladder functioning as possible. 42 CFR §483.25 (d)
(d) Urinary Incontinence. Based on the resident’s comprehensive assessment, the facility must ensure that—
(1) A resident who enters the facility without an indwelling catheter is not catheterized unless the resident’s clinical condition demonstrates that catheterization was necessary; and
(2) A resident who is incontinent of bladder receives appropriate treatment and services to prevent urinary tract infections and to restore as much normal bladder function as possible.

• Ensure that the resident receives adequate supervision and assistive devices to prevent accidents. 42 CFR §483.25 (h)
(h) Accidents. The facility must ensure that—
(1) The resident environment remains as free of accident hazards as is possible; and
(2) Each resident receives adequate supervision and assistance devices to prevent accidents.

• Maintain acceptable parameters of nutritional status. 42 CFR §483.25 (i)
(i) Nutrition. Based on a resident’s comprehensive assessment, the facility must ensure that a resident—
(1) Maintains acceptable parameters of nutritional status, such as body weight and protein levels, unless the resident’s clinical condition demonstrates that this is not possible; and
(2) Receives a therapeutic diet when there is a nutritional problem.

• Provide each resident with sufficient fluid intake to maintain proper hydration and health. 42 CFR § 483.25 (j)
(j) Hydration. The facility must provide each resident with sufficient fluid intake to maintain proper hydration and health.

• Ensure that residents are free of any significant medication errors. 42 CFR §483.25 (m) and Minnesota Rule 4658.1320.
42 CFR § 483.25 (m) Medication Errors. The facility must ensure that—
(1) It is free of medication error rates of five percent or greater; and
(2) Residents are free of any significant medication errors.

• Specialized rehabilitative services. 42 CFR § 483.45
(a) Provision of services. If specialized rehabilitative services
such as but not limited to physical therapy, speech-language pathology,
occupational therapy, and mental health rehabilitative services for
mental illness and mental retardation, are required in the resident’s
comprehensive plan of care, the facility must–
(1) Provide the required services; or
(2) Obtain the required services from an outside resource (in
accordance with Sec. 483.75(h) of this part) from a provider of
specialized rehabilitative services.
(b) Qualifications. Specialized rehabilitative services must be
provided under the written order of a physician by qualified personnel.

• Dental services.
The facility must assist residents in obtaining routine and 24-hour emergency dental care. 42 CFR § 483.55

Minnesota Rule 4658.0720 Providing Daily Oral Care
Subpart 1. Daily oral care plan.
A nursing home must establish a daily oral care plan for each resident consistent with the results of the comprehensive resident assessment.

• Pharmacy services. 42 CFR § 483.60
The facility must provide routine and emergency drugs and biologicals to its residents, or obtain them under an agreement described in Sec. 483.75(h) of this part. The facility may permit unlicensed personnel to administer drugs if State law permits, but only under the general supervision of a licensed nurse.

• Infection control. 42 CFR § 483.65
The facility must establish and maintain an infection control program designed to provide a safe, sanitary, and comfortable environment and to help prevent the development and transmission of disease and infection.

• Physical environment. 42 CFR § 483.70
The facility must be designed, constructed, equipped, and maintained to protect the health and safety of residents, personnel and the public.

• Administration. 42 CFR § 483.75
A facility must be administered in a manner that enables it to use its resources effectively and efficiently to attain or maintain the highest practicable physical, mental, and psychosocial well-being of each resident.
(a) Licensure. A facility must be licensed under applicable State
and local law.
(b) Compliance with Federal, State, and local laws and professional
standards. The facility must operate and provide services in compliance
with all applicable Federal, State, and local laws, regulations, and
codes, and with accepted professional standards and principles that
apply to professionals providing services in such a facility.
(c) Relationship to other HHS regulations. In addition to compliance
with the regulations set forth in this subpart, facilities are obliged
to meet the applicable provisions of other HHS regulations, including
but not limited to those pertaining to nondiscrimination on the basis of
race, color, or national origin (45 CFR part 80); nondiscrimination on
the basis of handicap (45 CFR part 84); nondiscrimination on the basis
of age (45 CFR part 91); protection of human subjects of research (45
CFR part 46); and fraud and abuse (42 CFR part 455). Although these
Regulations.

Minnesota Rule 4658.0015 Compliance with Regulations and Standards.
A nursing home must operate and provide services in compliance with all applicable federal, state, and local laws, regulations, and codes, and with accepted professional standards and principles that apply to professionals providing services in a nursing home.

• Minnesota Rule 4658.0705 Medical Care and Treatment
Subpart 1. Physician supervision.
A nursing home must ensure that each resident has a physician designated to authorize and supervise the medical care and treatment of the resident during the resident’s stay in the nursing home, and must ensure that another physician is available to supervise the resident’s medical care when the attending physician is unavailable.
Subp. 2. Availability of physicians for emergency and advisory care.
A. A nursing home must provide or arrange for the provision of physician services 24 hours a day, in case of an emergency, and to act in an advisory capacity.
B. The name and telephone number of the emergency physician must be readily available at all times.
C. A nursing home must develop and maintain policies and procedures regarding obtaining medical intervention when the resident’s attending physician or the emergency physician does not respond to a request for medical care or is not available in a timely manner.

• Minnesota Statute 4658.0140, Subpart 1. Type of Admission
Selection of residents.
The administrator, in cooperation with the director of nursing services and the medical director, is responsible for the admission of residents to the home according to the admission policies of the nursing home.
Subp. 2.
Residents not accepted.
Unless otherwise provided by law, including laws against discrimination, residents must not be admitted or retained for whom care cannot be provided in keeping with their known physical, mental, or behavioral condition. Prospective residents who are denied admission must be informed of the reason for the denial of their admission.

• Minnesota Administrative Rule 4658.0145 Agreement as to Rates and Charges
Subpart 1. Written agreement.
At the time of admission, there must be a written agreement between the nursing home and the resident, the resident’s agent, or the resident’s guardian, which includes:
A. the base rate and what services and items are provided by the nursing home and are included in that base rate;
B. extra charges for care or services;
C. obligations concerning payment of the rates and charges; and
D. the refund policy of the home.
All residents’ bills must be itemized for services rendered.
Subp. 2. Notification of rates and charges.
Annually, and when there is any change, a nursing home must inform the resident of services available in the nursing home and of charges for those services, including any charges for services not covered under Medicare or Medicaid or by the nursing home’s per diem rate. A nursing home must inform the resident or the resident’s agent or guardian before any change in the charges for services not covered under Medicare or Medicaid or by the nursing home’s per diem rate.

• Minnesota Administrative Rule 4658.0135 Policy Records.
Subpart 1. Availability of policies.
All policies and procedures directly related to resident care adopted by the home must be placed on file and be made available upon request to nursing home personnel, residents, legal representatives, and designated representatives.
Subp. 2. Admission policies.
Admission policies must be made available upon request to prospective residents, family members, legal representatives, and designated representatives.

• Minnesota Administrative Rule 4658.0110 Incident and Accident Reporting
All persons providing services in a nursing home must report any accident or injury to a resident, and the nursing home must immediately complete a detailed incident report of the accident or injury and the action taken after learning of the accident or injury.

• Minnesota Rule 4658.0900 Activity and Recreation Program
Subpart 1. General requirements.
A nursing home must provide an organized activity and recreation program. The program must be based on each individual resident’s interests, strengths, and needs, and must be designed to meet the physical, mental, and psychological well-being of each resident, as determined by the comprehensive resident assessment and comprehensive plan of care….

This website is not intended to provide legal advice as each situation is different and specific factual information must be obtained before an attorney is able to assess the legal questions relevant to your situation.

If you or a loved one has suffered an injury or abuse in a nursing home or other care facility that serves the elderly in Minnesota please contact our firm for a free consultation and information regarding the obligations of the facility and your rights as a resident or concerned family member. To contact Attorney Kenneth L. LaBore, directly please send an email to klabore@prslegal.com, or call Ken at 612-767-7503.

IL: CPS to review abuse claims

New boss Huberman wants closer look at five years of student allegations
February 11, 2009
http://www.suntimes.com/news/education/1424063,CST-NWS-skulbeat11web.article

BY ROSALIND ROSSI Education Reporter rrossi@suntimes.com

New Chicago Schools CEO Ron Huberman has ordered a "thorough review'' of five years of student mistreatment allegations following revelations that only 68 employees have been forced to leave their jobs in that time despite hundreds of complaints of "improper contact."

However, the mother of one fourth-grade boy who contends his teacher slammed him into a desk said Huberman's actions don't go far enough.

Courtney Smith said an outsider -- such as the Schools Inspector General --should review all 818 reported allegations of student abuse since 2003 -- whether they were verified by Chicago Public Schools investigators or not.

Smith said the CPS investigation of her son's Nov. 25 incident at Emmet Academy was "a fraud.'' No CPS investigators looked into her son's charges for more than two monthss, until CBS 2 TV news began asking questions about the case, she said.

CBS 2 reported that only two students were interviewed from what Smith described as a classroom full of witnesses. CPS determined the allegations were "unfounded.''

Schools spokesman Michael Vaughn said Tuesday that Inspector General James Sullivan will be asked to review the Emmet case, and the CEO's office and law department will review other allegations of improper contact, starting with those that were verified by CPS law department nvestigators.

The action follows reports by CBS 2 that since 2003, at least 818 CPS students have charged they were "battered'' by a CPS employee. In 568 of those cases, the TV station reported, CPS investigators verified the charges, but only 24 of those cases led to a termination.

Vaughn clarified Tuesday that 39 others resigned and five more retired rather than face disciplinary charges.

All of the allegations cited by CBS 2 involved "contact'' between a student and an employee, but not all involved corporal punishment or students being struck, Vaughn said. And, he noted, those cases that were "founded,'' or verified, may have involved "proper contact," such as an employee breaking up a fight.

Smith charged that any review should be done by an outsider because "Everybody is in cahoots. Just because CPS says it was unfounded, who says they did a thorough investigation?''

Smith said her son even gave the principal a list of students whom the teacher allegedly had struck with a ruler or belt. But no action was taken until last week, she said, when, "out of the blue'' an investigator questioned her son in the principal's presence -- but without alerting her first.

"I think that was pretty messed up. You go and question him with people he doesn't trust around? He doesn't have any faith in this principal at all,'' Smith said. " I don't think they were supposed to question him at all without my approval.''

A Chicago Sun-Times report in January found that allegations that three girls had been strip-searched at ASPIRA Early College Charter High School languished for months while the CPS law department tried to figure out who should investigate the case. Ultimately, CPS attorneys found at least two girls were improperly strip searched and two ASPIRA administrators were asked to resign.

OH: Rittman teacher accused of sexual misconduct

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

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

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

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

Cash bond was set at $75,000.

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

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

Ritchie said he believes Rittman was her first teaching assignment.

IL: List Of Chicago Schools' Corporal Punishment Cases

A list of cases of reported corporal punishment at Chicago Public Schools from 2004 to 2008.
http://cbs2chicago.com/investigations/school.corporal.punishment.2.932933.html

Location Date Finding

AASTA 2008 Founded
AASTA 2008 Founded
Aldridge 2005 Multiple Findings
Altgeld 2005 Founded
Altgeld 2004 Founded
Altgeld 2004 Founded
Altgeld 2004 Founded
Ames 2004 Founded
Anderson 2005 Founded
Anderson 2004 Multiple Findings
Ashburn 2004 Founded
Ashe 2004 Multiple Findings
Audubon 2005 Founded
Austin HS 2004 Founded
Banneker 2004 Multiple Findings
Barton 2008 Multiple Findings
Barton 2004 Founded
Barton 2005 Founded
Bass 2005 Founded
Bass 2004 Multiple Findings
Bateman 2005 Founded
Beard 2006 Multiple Findings
Beasley 2007 Founded
Beasley 2004 Founded
Beasley 2004 Multiple Findings
Beasley 2005 Multiple Findings
Beasley 2005 Founded
Beethoven 2005 Founded
Beethoven 2006 Founded
Beethoven 2005 Multiple Findings
Beidler 2006 Founded
Belmont-Cragin 2005 Multiple Findings
Best Practice HS 2008 Multiple Findings
Bethune 2004 Founded
Bethune 2004 Founded
Bethune 2005 Founded
Bethune 2005 Multiple Findings
Bethune 2005 Founded
Bogan HS 2006 Multiple Findings
Bontemps 2004 Founded
Bontemps 2005 Founded
Bontemps 2005 Founded
Bontemps 2005 Founded
Bouchet 2004 Multiple Findings
Bouchet 2004 Multiple Findings
Bouchet 2004 Multiple Findings
Bouchet 2005 Founded
Bouchet 2004 Founded
Bouchet 2006 Founded
Bouchet 2004 Founded
Bright 2008 Multiple Findings
Bright 2006 Multiple Findings
Bronzeville 2008 Multiple Findings
Brown 2005 Founded
Brown, R. 2007 Founded
Brunson 2004 Founded
Brunson 2007 Founded
Brunson 2006 Founded
Brunson 2005 Multiple Findings
Burnham 2004 Founded
Burnham 2008 Founded
Burnside 2006 Founded
Burnside 2005 Founded
Byrne 2007 Founded
Byrne 2007 Founded
Byrne 2007 Founded
Calhoun North 2007 Founded
Calhoun North 2004 Founded
Calhoun North 2005 Founded
Calhoun North 2005 Founded
Calumet HS 2005 Founded
Cameron 2005 Founded
Cameron 2007 Founded
Cameron 2006 Founded
Canter Middle 2005 Multiple Findings
Canter Middle 2004 Founded
Canty 2004 Founded
Canty 2004 Founded
Canty 2005 Founded
Carver Middle 2005 Founded
Carver Middle 2005 Founded
Carver Middle 2005 Multiple Findings
Carver Middle 2005 Multiple Findings
Carver Middle 2005 Multiple Findings
Carver Middle 2006 Multiple Findings
Carver Middle 2006 Founded
Carver Military 2005 Founded
Carver Primary 2004 Multiple Findings
Casals 2006 Multiple Findings
Cassell 2005 Multiple Findings
Cather 2004 Multiple Findings
Chicago Military 2006 Founded
Chicago Military 2005 Founded
Claremont 2005 Founded
Claremont 2005 Multiple Findings
Claremont 2004 Founded
Clark HS 2007 Founded
Clark HS 2004 Multiple Findings
Clark HS 2005 Founded
Clay 2007 Founded
Coles 2008 Founded
Columbia Explorers 2005 Founded
Columbia Explorers 2006 Founded
Columbus 2004 Multiple Findings
Cooper 2007 Founded
Curie HS 2006 Founded
Curie HS 2008 Founded
Curie HS 2007 Multiple Findings
Curtis 2005 Multiple Findings
CVCA 2004 Founded
CVCA 2005 Multiple Findings
CVCA 2006 Founded
Davis 2007 Multiple Findings
Davis Dev. 2006 Multiple Findings
Delano 2007 Founded
Deneen 2008 Multiple Findings
Deneen 2005 Founded
Deneen 2005 Founded
Deneen 2005 Multiple Findings
Deneen 2004 Founded
Deneen 2007 Founded
Deneen 2007 Founded
Depriest 2008 Founded
Depriest 2008 Founded
Dett 2005 Founded
Dewey 2005 Founded
Disney 2005 Founded
Disney 2005 Founded
Disney 2006 Founded
Doolittle East 2005 Founded
Douglas 2004 Founded
Douglass HS 2006 Multiple Findings
Douglass HS 2006 Multiple Findings
Drake 2005 Multiple Findings
Drake 2008 Founded
Drake 2005 Founded
DuBois 2005 Founded
Dunbar HS 2004 Founded
Dunbar HS 2005 Founded
DuSable HS 2004 Founded
Dyett HS 2007 Founded
Earhart 2004 Founded
Earle 2005 Founded
Earle 2005 Multiple Findings
Eberhart 2005 Founded
Ericson 2006 Founded
Ericson 2007 Founded
Evers 2005 Founded
Evers 2005 Founded
Farragut HS 2005 Founded
Farragut HS 2005 Founded
Fenger HS 2008 Founded
Fenger HS 2008 Founded
Fermi 2008 Founded
Fermi 2004 Multiple Findings
Fernwood 2004 Founded
Field 2004 Founded
Field 2007 Founded
Field 2007 Multiple Findings
Field 2005 Multiple Findings
Foreman HS 2004 Founded
Foster Park 2006 Multiple Findings
Frazier 2008 Founded
Frazier 2005 Founded
Frazier 2005 Founded
Fuller 2006 Founded
Fuller 2004 Founded
Fulton 2005 Founded
Fulton 2005 Founded
Fulton 2006 Founded
Fulton 2004 Founded
Fulton 2004 Founded
Fulton 2004 Founded
Funston 2005 Founded
Funston 2004 Founded
Gage Park HS 2008 Founded
Gale 2008 Founded
Gale 2006 Founded
Gale 2006 Founded
Gale 2006 Founded
Gale 2006 Founded
Gale 2006 Multiple Findings
Gale 2006 Multiple Findings
Gallistel 2006 Multiple Findings
Gallistel 2008 Founded
Garvey 2005 Founded
Gillespie 2007 Founded
Gillespie 2004 Multiple Findings
Gillespie 2005 Founded
Gillespie 2007 Multiple Findings
Gompers 2005 Multiple Findings
Grant 2004 Founded
Grant 2004 Founded
Grant 2004 Multiple Findings
Grant 2004 Founded
Grant 2004 Founded
Gregory 2005 Founded
Gregory 2005 Founded
Gregory 2004 Founded
Gregory 2005 Founded
Gresham 2008 Founded
Guggenheim 2004 Multiple Findings
Haley 2004 Multiple Findings
Haley 2005 Founded
Haley 2006 Multiple Findings
Hamline 2005 Founded
Hamline 2004 Founded
Hamline 2004 Founded
Hancock HS 2008 Multiple Findings
Harlan HS 2006 Founded
Harper HS 2004 Founded
Harper HS 2006 Founded
Harte 2005 Founded
Harvard 2004 Founded
Hayt 2005 Founded
Hearst 2004 Multiple Findings
Hearst 2006 Founded
Hearst 2005 Founded
Hearst 2004 Multiple Findings
Hedges 2004 Multiple Findings
Henry 2008 Founded
Herbert 2006 Founded
Herbert 2004 Founded
Herbert 2004 Founded
Herbert 2006 Founded
Herbert 2006 Founded
Herbert 2007 Founded
Hinton 2006 Multiple Findings
Hinton 2007 Multiple Findings
Hirsch HS 2008 Founded
Howe 2004 Founded
Howe 2004 Founded
Howe 2006 Founded
Howe 2004 Founded
Howland 2004 Multiple Findings
Howland 2004 Founded
Hubbard HS 2006 Founded
Hughes, C. 2008 Founded
Hyde Park HS 2008 Founded
Jackson, M. 2007 Founded
Jackson, M. 2004 Founded
Jackson, M. 2005 Founded
Jefferson, N. 2007 Founded
Jefferson, N. 2006 Multiple Findings
Jefferson, N. 2007 Founded
Jenner 2004 Multiple Findings
Jensen 2006 Founded
Johnson 2005 Founded
Joplin 2006 Multiple Findings
Joplin 2004 Multiple Findings
Julian HS 2005 Founded
Julian HS 2004 Founded
Jungman 2008 Founded
Kanoon 2004 Founded
Keller 2004 Founded
Kenwood HS 2005 Founded
Kilmer 2005 Multiple Findings
Kilmer 2006 Founded
Kilmer 2005 Founded
Kilmer 2004 Founded
King 2005 Founded
Kipling 2004 Founded
Kipling 2006 Multiple Findings
KIPP 2007 Multiple Findings
Kohn 2004 Founded
Kohn 2007 Founded
Kohn 2004 Multiple Findings
Lafayette 2005 Founded
Lara 2006 Founded
Las Casas HS 2007 Founded
Las Casas HS 2008 Founded
Lathrop 2004 Founded
Lathrop 2004 Founded
Lathrop 2005 Founded
Lathrop 2005 Founded
Lathrop 2005 Founded
Lathrop 2005 Multiple Findings
Lavizzo 2006 Founded
Lawndale 2004 Founded
Lawndale 2006 Founded
Lawrence 2006 Founded
Lawrence 2007 Multiple Findings
Lemoyne 2005 Multiple Findings
Lemoyne 2004 Founded
Lewis 2006 Multiple Findings
Lincoln Park HS 2005 Founded
Lincoln Park HS 2007 Founded
Lincoln Park HS 2006 Founded
Lloyd 2004 Multiple Findings
Lloyd 2005 Multiple Findings
Lovett 2008 Founded
Lowell 2006 Founded
Lowell 2006 Founded
Lowell 2004 Multiple Findings
Macroni 2008 Founded
Manley HS 2008 Founded
Mann 2006 Multiple Findings
Mann 2006 Multiple Findings
Mann 2006 Multiple Findings
Marconi 2008 Founded
Marconi 2005 Founded
Marquette 2006 Founded
Marquette 2005 Founded
Marquette 2006 Multiple Findings
Marquette 2006 Multiple Findings
Marshall HS 2006 Founded
Marshall HS 2005 Founded
Marshall HS 2006 Founded
Mason 2004 Founded
Mason 2004 Founded
Mayer 2008 Founded
McAuliffe 2004 Founded
McAuliffe 2004 Founded
McAuliffe 2004 Founded
McAuliffe 2004 Founded
McAuliffe 2004 Founded
McClellan 2007 Founded
McClellan 2007 Founded
McCorkle 2004 Founded
McCorkle 2003 Founded
McCormick 2008 Founded
McCormick 2005 Founded
McKay 2005 Founded
McKay 2005 Founded
McKay 2004 Multiple Findings
McKay 2004 Founded
McKay 2006 Founded
McKay 2006 Founded
McKinley 2005 Founded
McNair 2004 Founded
McNair 2008 Founded
McNair 2004 Founded
McNair 2008 Multiple Findings
McNair 2004 Founded
McNair 2006 Founded
McNair 2007 Founded
McPherson 2005 Multiple Findings
Medill 2004 Founded
Medill 2004 Multiple Findings
Medill 2004 Founded
Medill 2005 Founded
Metcalfe 2005 Founded
Metcalfe 2006 Multiple Findings
Metcalfe 2006 Multiple Findings
Metcalfe 2006 Multiple Findings
Metcalfe 2004 Founded
Midway 2006 Founded
Mireles 2007 Founded
Monroe 2005 Founded
Moos 2006 Multiple Findings
Morgan 2004 Founded
Morgan 2007 Founded
Morgan Park HS 2008 Founded
Morgan Park HS 2006 Multiple Findings
Morgan Park HS 2005 Founded
Morse 2005 Founded
Morse 2004 Founded
Morton 2004 Founded
Morton 2005 Multiple Findings
Mozart 2005 Founded
Mozart 2005 Founded
Mt. Vernon 2005 Multiple Findings
Mt. Vernon 2005 Multiple Findings
Mt. Vernon 2005 Multiple Findings
Murray 2006 Founded
Nash 2006 Multiple Findings
National Teachers Academy 2005 Founded
Near North 2007 Founded
Neil 2006 Founded
New Millennium 2007 Founded
New Millennium 2006 Multiple Findings
New Millennium 2006 Founded
New Sullivan 2005 Founded
North-Grand HS 2004 Founded
O'Keeffe 2005 Founded
O'Keeffe 2005 Founded
O'Keeffe 2004 Founded
O'Toole 2005 Multiple Findings
Overton 2005 Multiple Findings
Overton 2005 Founded
Overton 2004 Multiple Findings
Overton 2007 Multiple Findings
Overton 2005 Founded
Park Manor 2004 Founded
Park Manor 2004 Multiple Findings
Parker 2008 Founded
Parkside 2007 Founded
Parkside 2006 Founded
Peck 2005 Founded
Penn 2006 Founded
Peterson 2006 Founded
Piccolo 2004 Founded
Piccolo 2008 Founded
Piccolo 2007 Founded
Piccolo 2004 Founded
Piccolo 2004 Founded
Piccolo 2004 Founded
Princeton 2008 Founded
Pritzker 2004 Multiple Findings
Pritzker 2004 Founded
Pritzker 2005 Multiple Findings
Pritzker 2005 Founded
Prosser HS 2005 Founded
Pulaski 2004 Founded
Pullman 2006 Multiple Findings
Randolph 2004 Multiple Findings
Reavis 2005 Multiple Findings
Reavis 2005 Multiple Findings
Reed 2008 Founded
Reed 2006 Founded
Reilly 2004 Founded
Reilly 2005 Multiple Findings
Reinberg 2005 Multiple Findings
Reinberg 2004 Founded
Revere 2007 Founded
Richards HS 2005 Multiple Findings
Robeson HS 2007 Founded
Robeson HS 2006 Founded
Roosevelt HS 2005 Founded
Roosevelt HS 2005 Founded
Ross 2008 Multiple Findings
Ross 2005 Founded
Ross 2005 Founded
Ruiz 2006 Multiple Findings
Sandoval 2007 Founded
Scammon 2006 Founded
Schmid 2008 Founded
Schmid 2008 Founded
School of Leadership 2008 Founded
Schubert 2005 Founded
Sexton 2004 Founded
Sexton 2004 Founded
Sexton 2004 Multiple Findings
Sexton 2004 Multiple Findings
Sherman 2006 Multiple Findings
Sherman 2004 Founded
Shoesmith 2006 Founded
Shoop 2005 Multiple Findings
Shoop 2006 Founded
Shoop 2006 Founded
Shoop 2006 Multiple Findings
Shoop 2006 Founded
Shoop 2004 Founded
Shoop 2005 Founded
Shoop 2006 Founded
Simeon HS 2008 Founded
Skinner 2006 Founded
Skinner 2006 Founded
Skinner 2004 Founded
Smith 2005 Multiple Findings
Smith 2005 Multiple Findings
Smyth 2004 Multiple Findings
Smyth 2004 Founded
Smyth 2004 Multiple Findings
Smyth 2004 Multiple Findings
Smyth 2004 Multiple Findings
Smyth 2004 Multiple Findings
Smyth 2004 Multiple Findings
Songhai 2008 Founded
Songhai 2006 Founded
Songhai 2004 Multiple Findings
South Loop 2004 Founded
South Shore HS 2006 Founded
Spalding 2004 Founded
Stagg 2008 Multiple Findings
Stagg 2004 Founded
Stagg 2004 Founded
Steinmetz HS 2005 Founded
Steinmetz HS 2004 Founded
Stewart 2006 Founded
Stewart 2006 Multiple Findings
Stockton 2006 Founded
Sullivan HS 2004 Founded
Taft HS 2005 Founded
Talcott 2005 Founded
Talcott 2004 Multiple Findings
Tanner 2005 Founded
Tanner 2004 Founded
Thorp, J.N. 2005 Founded
Tilden HS 2006 Founded
Tilden HS 2004 Founded
Tilden HS 2006 Multiple Findings
Tilden HS 2006 Founded
Tilton 2005 Founded
Tilton 2006 Multiple Findings
Tilton 2005 Founded
Trumbull 2005 Founded
Trumbull 2005 Multiple Findings
Trumbull 2008 Founded
Truth 2005 Founded
Uplift HS 2005 Multiple Findings
Von Humboldt 2004 Multiple Findings
Wadsworth 2004 Founded
Ward, L. 2005 Multiple Findings
Warren 2005 Multiple Findings
Warren 2006 Founded
Warren 2006 Multiple Findings
Warren 2005 Multiple Findings
Washington HS 2005 Multiple Findings
Washington HS 2008 Founded
Washington, H. 2007 Founded
Washington, H. 2006 Founded
Wentworth 2007 Multiple Findings
West Pullman 2005 Founded
West Pullman 2005 Multiple Findings
West Pullman 2006 Multiple Findings
Westcott 2004 Multiple Findings
Westcott 2005 Founded
Westcott 2005 Multiple Findings
White 2007 Founded
White 2005 Multiple Findings
White 2005 Founded
Whitney 2007 Founded
Whitney, E. 2006 Founded
Whittier 2004 Founded
Woodson 2005 Founded
Woodson South 2006 Founded
Wright 2004 Founded
Wright 2004 Founded
Yates 2004 Founded

FL: Expertise of teacher aides is questioned in abuse trial

NOTE: While we agree that many times aides who are working with disabled children may not have appropriate training (and are trained mainly by the teachers they are paired with), we also acknowledge that someone who has worked with disabled children for "18 years" may also be equally unqualified to work with children, especially when "educational techniques" like bending back fingers, verbal abuse, or using weighted blankets or body socks as a form of punishment are routinely used and accepted by said teacher as "standard practice." It doesn't take a rocket scientist to recognize such actions on the part of an educator are highly questionable practices at best, if not outright abuse.

If a parent was caught doing some of the things to their children that this woman has been accused of doing, the parent would have been arrested and most likely prosecuted for child abuse. Why are teachers, especially special education teachers who should KNOW better, held to such different standards?

Is the general public really THAT ignorant about what constitutes inhumane treatment of the disabled? If so, what a sad world we live in...


By Tiffany Lankes
Published: Thursday, February 12, 2009 at 1:00 a.m.
Last Modified: Thursday, February 12, 2009 at 6:14 a.m.
http://www.heraldtribune.com/article/20090212/ARTICLE/902120350/2055/NEWS?Title=Expertise_of_teacher_aides_is_questioned_in_abuse_trial

SARASOTA - Tammy Cooke never worked with severely disabled children before she took a job as a special education classroom aide at Venice Elementary.

A stay-at-home mother who studied business, she applied for the job because it was convenient. She received her training on the job, with veteran teacher Diana O'Neill showing her how to feed, care for and teach the students.

When O'Neill did things Cooke thought were too rough, the teacher said they were appropriate techniques for educating a challenging group of students. Cooke did not know any differently.

She was one of two classroom aides who ultimately reported O'Neill for child abuse and testified against the teacher this week in court. O'Neill, 46, is charged with four counts of child abuse.

Cooke's situation underscores something parents and advocates say is a larger problem in special education -- the inexperience of aides charged with helping teach the school system's most vulnerable children.

In a phone interview, Sharon Boyd, who works with Autism Speaks, a national advocacy group for students with disabilities, said, "We need to make sure the people we're putting in these classrooms with these children have the training and support they need."

In a field that drives more educators away than any other part of the school system, finding teachers is tough and hiring aides to assist them for significantly less pay is even more difficult.

By and large, school districts have minimal standards for the people they hire as aides in special education classrooms. While teachers like O'Neill must have an advanced degree, special training and a state teaching license, in Sarasota the minimum requirement for a special education aide is a high school diploma or equivalent. They do not have to have a state teaching license.

The disparity is also reflected in their salaries. While O'Neill made an $80,000 salary, which included a special seniority bonus, the two aides in her classroom make less than $12 an hour, or about $15,600 for a typical school year.

And like most other school districts, Sarasota does not have any specific training requirements for special education aides. They say that schools decide on a case-by-case basis what skills their aides may need to learn, and try to arrange it.

Parents and disability advocates say that this inexperience can hurt children's progress in school.

Sarasota parent Julie Klick has found that some of the aides who have worked with her elementary school son, who cannot speak or walk, did not know how to use many of the teaching tools, therapy techniques and technology he needs to learn.

"The teacher has got all these other students to work with, and the aides don't know how to do it," Klick said in a phone interview. "They don't know how to get him as involved and they don't know how to adapt things for him. It's just kind of frustrating."

They also say the inexperience puts students in dangerous situations.

In September, police arrested former Venice High School aide Richard Green after co-workers said they saw him slam an autistic student into a wall. Green's attorney said he told supervisors he did not have the appropriate training to work with the student, but they placed him with the teenager anyway. The district had scheduled his crisis prevention class for the week after his arrest, about a month into the school year.

O'Neill's classroom aides from over the years say they repeatedly saw the teacher do things they thought were unnceccessarily rough, but never reported it because they were not sure whether it qualified as teaching.

Defense attorneys have focused on the inexperience of the aides during their cross-examination of witnesses, questioning how two aides -- the prime witnesses in the case -- would know better than O'Neill, a teacher with 18 years of experience.

They describe O'Neill as a dedicated teacher who would not stop at anything, including tough love tactics, to make sure her students were learning.

Attorneys also questioned whether the aides knew how common therapy tools -- including a weighted blanket and body sock aides say O'Neill used to abuse students -- could help them.

"You really don't know what these items are used for," O'Neill's attorney Denis deVlaming told Cooke in court.

Prosecutors are expected to call more witnesses from the school today.