08:14 AM CDT on Friday, May 22, 2009
From Staff Reports
http://www.dallasnews.com/sharedcontent/dws/news/localnews/stories/052309dnmetdesoto.63d0099.html
A DeSoto mom is upset that a school official paddled her 12-year-old son so severely that she said the punishment left large red and purple bruises on his buttocks, KXAS-TV has reported.
Noemi Arevalo says she never gave permission for the paddling and had instead requested to speak to the principal. When her son Jose Flores came home from school that day, she said the injuries were so severe that she took her son to the doctor and called police, the television station reported.
“I couldn't believe it, that they did that to him in school," Arevalo said.
A McCowan Middle School student, Jose, said he was caught shooting rubber bands in class last week and was asked if he wanted to be paddled or suspended.
"They asked me what I wanted and I said, 'Swats,' but they never asked my mom,” Flores told the television station. Flores said he was paddled four times.
"I kept on trying to turn around,” he said. “I was crying. And he was like, 'If you don't turn around and let me do the last one, I'm going to have to do it all over again.'"
The DeSoto Independent School District told the television station that the mother and son chose corporal punishment, and that a second school staffer observed the paddling. "The corporal punishment was administered in accordance with district policy," the DeSoto ISD said in a written statement.
DeSoto police could not be immediately reached for comment this morning.
"I'm upset because if I was the one doing that to him, I'd be arrested," Arevalo said.
Friday, May 22, 2009
Child Abuse at Schools and Institutions Linked to Improper Use of Restraints
May 20th, 2009
http://www.aboutlawsuits.com/child-abuse-at-schools-and-institutions-linked-to-restraint-3985/
A new report from the U.S. Government Accountability Office (GAO) describes hundreds disturbing reports involving serious injuries and even deaths related to child abuse at schools and institutions where children were improperly restrained and secluded.
Gregory D. Kutz, Managing Director of Forensic Audits and Special Investigations for the GAO, testified before the U.S. House Committee on Education and Labor on May 19, detailing cases of child abuse caused by the improper use of restraint techniques. The agency also found that special needs children were particularly vulnerable.
The GAO looked at cases over the past 20 years, identifying instances of institutional or school abuse involving restraint injuries. There are currently no federal guidelines on the use of restraint techniques on children, and the report points to a large disparity between existing policies among different states.
The report was conducted at the behest of U.S. Rep George Miller (D-CA), chairman of the committee, and focused specifically on ten incidents of child abuse; four of them leading to fatalities. [NOTE: The Coalition Against Institutionalized Child Abuse has a more comprehensive Death Toll, which includes numerous deaths, here: http://www.caica.org/RESTRAINTS%20Death%20List.htm]
In one case, a 14-year old student was killed at a Texas public middle school after the boy was physically held down until he suffocated. The report indicates that he had also been denied food for several hours before the incident.
Although the death was ruled a homicide and the teacher was placed on a Texas state list for child abusers, the teacher was able to move to Virginia and continue teaching K-12 special needs children until her involvement came to light as a result of the GAO investigation. The teacher has now been placed on [PAID] leave.
In all four of the fatality cases investigated, teachers or staff members used restraining techniques on children that restricted the flow of air to their lungs.
Miller said the report showed that federal legislation needs to be enacted, regulating the use of such procedures, and the Obama administration pledged to meet with stakeholders to address the abuses.
“GAO’s report shows that in too many cases, a child’s life wound up being threatened even though that child was not a threat to others,” Miller said in a statement released by the committee. “This behavior, in some instances, looks like torture. The current situation is unacceptable and cannot continue.”
There have been several successful child abuse lawsuits against schools and other institutions in relation to the improper use of restraint, according to the GAO report.
In 2003, the mother of a 15-year old autistic student reached a $1.3 million settlement with a Michigan public school after her son died while being restrained in a prone position on his stomach. The incident occurred while the school staff was punishing the student, who had suffered a seizure and lost control of his extremities.
Another case involving an incident that occurred at a West Virginia public school, resulted in a $460,000 jury award after a 4-year old student with cerebral palsy was bound to a chair with leather straps. The girl suffered bruising and post traumatic stress disorder. Although the school district and teachers were found to be negligent in the incident, at least one of the teachers continued to work at the school at the time the GAO report was prepared.
http://www.aboutlawsuits.com/child-abuse-at-schools-and-institutions-linked-to-restraint-3985/
A new report from the U.S. Government Accountability Office (GAO) describes hundreds disturbing reports involving serious injuries and even deaths related to child abuse at schools and institutions where children were improperly restrained and secluded.
Gregory D. Kutz, Managing Director of Forensic Audits and Special Investigations for the GAO, testified before the U.S. House Committee on Education and Labor on May 19, detailing cases of child abuse caused by the improper use of restraint techniques. The agency also found that special needs children were particularly vulnerable.
The GAO looked at cases over the past 20 years, identifying instances of institutional or school abuse involving restraint injuries. There are currently no federal guidelines on the use of restraint techniques on children, and the report points to a large disparity between existing policies among different states.
The report was conducted at the behest of U.S. Rep George Miller (D-CA), chairman of the committee, and focused specifically on ten incidents of child abuse; four of them leading to fatalities. [NOTE: The Coalition Against Institutionalized Child Abuse has a more comprehensive Death Toll, which includes numerous deaths, here: http://www.caica.org/RESTRAINTS%20Death%20List.htm]
In one case, a 14-year old student was killed at a Texas public middle school after the boy was physically held down until he suffocated. The report indicates that he had also been denied food for several hours before the incident.
Although the death was ruled a homicide and the teacher was placed on a Texas state list for child abusers, the teacher was able to move to Virginia and continue teaching K-12 special needs children until her involvement came to light as a result of the GAO investigation. The teacher has now been placed on [PAID] leave.
In all four of the fatality cases investigated, teachers or staff members used restraining techniques on children that restricted the flow of air to their lungs.
Miller said the report showed that federal legislation needs to be enacted, regulating the use of such procedures, and the Obama administration pledged to meet with stakeholders to address the abuses.
“GAO’s report shows that in too many cases, a child’s life wound up being threatened even though that child was not a threat to others,” Miller said in a statement released by the committee. “This behavior, in some instances, looks like torture. The current situation is unacceptable and cannot continue.”
There have been several successful child abuse lawsuits against schools and other institutions in relation to the improper use of restraint, according to the GAO report.
In 2003, the mother of a 15-year old autistic student reached a $1.3 million settlement with a Michigan public school after her son died while being restrained in a prone position on his stomach. The incident occurred while the school staff was punishing the student, who had suffered a seizure and lost control of his extremities.
Another case involving an incident that occurred at a West Virginia public school, resulted in a $460,000 jury award after a 4-year old student with cerebral palsy was bound to a chair with leather straps. The girl suffered bruising and post traumatic stress disorder. Although the school district and teachers were found to be negligent in the incident, at least one of the teachers continued to work at the school at the time the GAO report was prepared.
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.
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.
FL: Former reform school student, administrator face off
'I stand here saying he hurt me,' man says of beatings 50 years ago
By Jim Schoettler
Story updated at 6:28 AM on Friday, May. 22, 2009
http://www.jacksonville.com/news/florida/2009-05-21/story/former_reform_school_student_administrator_face_off
MARIANNA – Bryant Middleton spent four hours Thursday sitting within arms reach of a frail elderly man he accuses of tormenting him nearly 50 years ago.
Their eyes never met, Middleton said. They exchanged no words.
And when it was over, Middleton said he bore no animosity toward Troy Tidwell. He said he also felt no forgiveness for the man he accuses of repeatedly beating him at a reform school designed to help troubled teens.
Middleton is one of about 200 former students of the Florida Industrial School for Boys who are involved in a class-action lawsuit against four state agencies and Tidwell. The students, including several from the Jacksonville area, said they were abused mostly in the 1950s and '60s in the school west of Tallahassee.
The two men faced off Thursday during a deposition of Tidwell, who is among several school administrators identified by former students as having beaten them with a strap or paddle for violating school rules.
The corporal punishment occurred in a building known as the White House and the plaintiffs are known as the White House Boys. A number of their stories have appeared in the Times-Union in a continuing series about the school, which housed thousands of youths.
Middleton, of Fort Walton Beach, was about 13 when he spent nearly a year at the school about 1960. He said he was beaten six separate times in the White House, and Tidwell was among his tormentors.
Middleton, 64, said he didn’t recognize Tidwell sitting at the end of a table filled with lawyers for both sides. He said Tidwell admitted to spanking students, as he did in a newspaper interview last year, but also insisted he didn’t injure anyone.
“For him to say he never hurt anybody, I stand here saying he hurt me,” Bryant said after the proceedings.
Tidwell, 85, of Marianna, declined to comment as he walked gingerly to an awaiting car. His attorney, H. Matthew Fuqua, said he felt Tidwell “did fine.” The deposition will resume at an undisclosed date.
Middleton’s role was to consult with his attorneys as they questioned Tidwell. It was the most significant event in the case since it was filed in Pinellas County in December.
The allegations of abuse are part of a criminal investigation being conducted by the Florida Department of Law Enforcement. The FDLE last week concluded that there was no evidence of abuse among 29 students whose bodies the agency said are in unmarked graves in a school cemetery.
The punishment in the White House was administered after students were forced to lie on a filthy cot, grab onto a headboard and bite into a pillow. Middleton said the most lashes he remembered receiving before passing out was 57. He said facing Tidwell Thursday brought back bad memories of the man and the school.
“I honestly believe in my heart he thinks he was doing what the state of Florida told him to do,” Middleton said. “It’s not my place to forgive him.”
Middleton eventually joined the Army and spent 22 years in the service before retiring. He also married and has four children.
He said he never forgot being punished at the reform school and hopes the civil case will help him find some closure. He also advocates the state forming a blue-ribbon committee to study current conditions at state-run reform schools.
“I hope people stop denying and lying about what happened at Marianna,” Middleton said. “It would do all of us good.”
By Jim Schoettler
Story updated at 6:28 AM on Friday, May. 22, 2009
http://www.jacksonville.com/news/florida/2009-05-21/story/former_reform_school_student_administrator_face_off
MARIANNA – Bryant Middleton spent four hours Thursday sitting within arms reach of a frail elderly man he accuses of tormenting him nearly 50 years ago.
Their eyes never met, Middleton said. They exchanged no words.
And when it was over, Middleton said he bore no animosity toward Troy Tidwell. He said he also felt no forgiveness for the man he accuses of repeatedly beating him at a reform school designed to help troubled teens.
Middleton is one of about 200 former students of the Florida Industrial School for Boys who are involved in a class-action lawsuit against four state agencies and Tidwell. The students, including several from the Jacksonville area, said they were abused mostly in the 1950s and '60s in the school west of Tallahassee.
The two men faced off Thursday during a deposition of Tidwell, who is among several school administrators identified by former students as having beaten them with a strap or paddle for violating school rules.
The corporal punishment occurred in a building known as the White House and the plaintiffs are known as the White House Boys. A number of their stories have appeared in the Times-Union in a continuing series about the school, which housed thousands of youths.
Middleton, of Fort Walton Beach, was about 13 when he spent nearly a year at the school about 1960. He said he was beaten six separate times in the White House, and Tidwell was among his tormentors.
Middleton, 64, said he didn’t recognize Tidwell sitting at the end of a table filled with lawyers for both sides. He said Tidwell admitted to spanking students, as he did in a newspaper interview last year, but also insisted he didn’t injure anyone.
“For him to say he never hurt anybody, I stand here saying he hurt me,” Bryant said after the proceedings.
Tidwell, 85, of Marianna, declined to comment as he walked gingerly to an awaiting car. His attorney, H. Matthew Fuqua, said he felt Tidwell “did fine.” The deposition will resume at an undisclosed date.
Middleton’s role was to consult with his attorneys as they questioned Tidwell. It was the most significant event in the case since it was filed in Pinellas County in December.
The allegations of abuse are part of a criminal investigation being conducted by the Florida Department of Law Enforcement. The FDLE last week concluded that there was no evidence of abuse among 29 students whose bodies the agency said are in unmarked graves in a school cemetery.
The punishment in the White House was administered after students were forced to lie on a filthy cot, grab onto a headboard and bite into a pillow. Middleton said the most lashes he remembered receiving before passing out was 57. He said facing Tidwell Thursday brought back bad memories of the man and the school.
“I honestly believe in my heart he thinks he was doing what the state of Florida told him to do,” Middleton said. “It’s not my place to forgive him.”
Middleton eventually joined the Army and spent 22 years in the service before retiring. He also married and has four children.
He said he never forgot being punished at the reform school and hopes the civil case will help him find some closure. He also advocates the state forming a blue-ribbon committee to study current conditions at state-run reform schools.
“I hope people stop denying and lying about what happened at Marianna,” Middleton said. “It would do all of us good.”
NY: School principal busted for beating teacher at corporal punishment hearing
NOTE: How's this for irony?
By Jeff Wilkins and Elizabeth Lazarowitz DAILY NEWS WRITERS
Updated Thursday, May 21st 2009, 6:23 PM Read more: http://www.nydailynews.com/news/ny_crime/2009/05/21/2009-05-21_school_principal_busted_for_beating_teacher__during_corporal_punishment_hearing.html#ixzz0GIGdd06u&B
It was an object lesson in irony.
A Brooklyn principal was arrested Thursday on charges of beating up a teacher - at a corporal punishment hearing.
Principal Sean Keaton of Public School 20 allegedly punched and kicked teacher Robert Segarra during a heated exchange over accusations against another educator.
"You need to stop. I'm tired of you," Keaton said after approaching Segarra, 49, from the other side of the table.
"You need to stop. You're in my face," Segarra said he replied.
Keaton began poking him in the face, then suddenly punched him and knocked him to the ground, where he kicked him, Segarra charged.
Segarra, 49, said he refused to fight back.
"Even though he's out of his mind, he's still my supervisor," he said.
Keaton, 38, was arrested around 11 a.m., charged with misdemeanor assault and given a summons to appear in court.
He was removed from the school pending an investigation, Department of Education spokeswoman Marge Feinberg said.
The hearing was called after two students accused a special education teacher at the Clinton Hill school of corporal punishment.
Keaton and an assistant principal were hashing it out with the accused teacher and Segarra, who is also a union official, when tempers flared.
"[Principals] have no right to harass or bully teachers, much less physically assault them," United Federation of Teachers President Randi Weingarten said after the fracas.
She said the allegations, if true, are "beyond the pale."
Keaton, who started at PS 20 as a substitute teacher in 1992, has been principal since 2005 and is a divisive figure.
Although some parents praised him Thursday, saying he was "very good with children" and a "good educator," controversy has swirled around him for months.
Anonymous comments at Insideschools.org have called him "a disaster. [He's] authoritarian, defensive ... hostile and even abusive to some parents (including the president of the PTA!), sent angry e-mails to parents who dared challenge his authority, and responded defensively to any suggestions."
They complained he "actively discouraged" volunteerism and parent involvement, yells at the kids and will deny an entire grade recess for one student's infraction.
"Shouting at children and imposing blanket punishments seems to be the rule at PS 20," one comment said.
"He's a hothead," said a school employee who asked not to be named.
"I've certainly seen him get angry before," he said. "The smallest things can set him off."
elazarowitz@nydailynews.com
Read more: http://www.nydailynews.com/news/ny_crime/2009/05/21/2009-05-21_school_principal_busted_for_beating_teacher__during_corporal_punishment_hearing.html#ixzz0GIGkmTQC&B
By Jeff Wilkins and Elizabeth Lazarowitz DAILY NEWS WRITERS
Updated Thursday, May 21st 2009, 6:23 PM Read more: http://www.nydailynews.com/news/ny_crime/2009/05/21/2009-05-21_school_principal_busted_for_beating_teacher__during_corporal_punishment_hearing.html#ixzz0GIGdd06u&B
It was an object lesson in irony.
A Brooklyn principal was arrested Thursday on charges of beating up a teacher - at a corporal punishment hearing.
Principal Sean Keaton of Public School 20 allegedly punched and kicked teacher Robert Segarra during a heated exchange over accusations against another educator.
"You need to stop. I'm tired of you," Keaton said after approaching Segarra, 49, from the other side of the table.
"You need to stop. You're in my face," Segarra said he replied.
Keaton began poking him in the face, then suddenly punched him and knocked him to the ground, where he kicked him, Segarra charged.
Segarra, 49, said he refused to fight back.
"Even though he's out of his mind, he's still my supervisor," he said.
Keaton, 38, was arrested around 11 a.m., charged with misdemeanor assault and given a summons to appear in court.
He was removed from the school pending an investigation, Department of Education spokeswoman Marge Feinberg said.
The hearing was called after two students accused a special education teacher at the Clinton Hill school of corporal punishment.
Keaton and an assistant principal were hashing it out with the accused teacher and Segarra, who is also a union official, when tempers flared.
"[Principals] have no right to harass or bully teachers, much less physically assault them," United Federation of Teachers President Randi Weingarten said after the fracas.
She said the allegations, if true, are "beyond the pale."
Keaton, who started at PS 20 as a substitute teacher in 1992, has been principal since 2005 and is a divisive figure.
Although some parents praised him Thursday, saying he was "very good with children" and a "good educator," controversy has swirled around him for months.
Anonymous comments at Insideschools.org have called him "a disaster. [He's] authoritarian, defensive ... hostile and even abusive to some parents (including the president of the PTA!), sent angry e-mails to parents who dared challenge his authority, and responded defensively to any suggestions."
They complained he "actively discouraged" volunteerism and parent involvement, yells at the kids and will deny an entire grade recess for one student's infraction.
"Shouting at children and imposing blanket punishments seems to be the rule at PS 20," one comment said.
"He's a hothead," said a school employee who asked not to be named.
"I've certainly seen him get angry before," he said. "The smallest things can set him off."
elazarowitz@nydailynews.com
Read more: http://www.nydailynews.com/news/ny_crime/2009/05/21/2009-05-21_school_principal_busted_for_beating_teacher__during_corporal_punishment_hearing.html#ixzz0GIGkmTQC&B
UT: Parents want Utah school held accountable for kids' safety
Safety » Moms say school didn't protect their special needs kids.
By Lisa Schencker
The Salt Lake Tribune
Updated: 05/03/2009 09:48:28 AM MDT
http://www.sltrib.com/education/ci_12280790?source=rss
A child last year nearly suffocated Tucker Doak, an 8-year-old special needs student, according to a classroom aide.
The same child threatened to kill 9-year-old Andrew Veldhuizen, also a special needs student, and screamed profanities at him, the aide said.
In both cases, Plain City Elementary didn't notify the boys' parents, nor did the staff call police or the Division of Child and Family Services (DCFS). They didn't call authorities when the same child touched Andrew's clothed genitals, causing him to wet himself.
Tucker's and Andrew's parents are outraged the school told them nothing, but state laws that dictate what parents must be told about injuries at school are open to interpretation.
The parents also are disappointed school officials didn't call police or DCFS even though Utah law requires anyone who believes a child has been abused or neglected to notify authorities.
Weber School District spokesman Nate Taggart called some of the stories "exaggerated," but said he could not otherwise comment for privacy reasons. He said the district tries to communicate with parents as much as possible.
Linda Carver, Weber assistant superintendent, said schools must weigh what's best for children when deciding whether to call authorities.
"Even though we want it reported and want it reported to parents, we are the ones who have the insight on how to best deal and make sure it doesn't happen in the future," she said.
But parents Jamie Doak and Deborah Veldhuizen say the district didn't protect their children. They want officials held accountable so this doesn't happen to other students.
"This is something that shouldn't be kept under the rug," Veldhuizen said. "Parents aren't being notified."
In the dark
Veldhuizen and Doak didn't hear the full story about what happened to their sons until weeks after the incidents.
And much of what they did hear came from Holly Wilson, a classroom aide who was placed on paid leave in April about a month after telling them. Wilson believes she was let go for blowing the whistle.
Taggart said Wilson was not terminated for that reason. "It was felt that the team could not be effective with her there," he said.
Wilson said she gave the school a chance to tell the parents what happened. When no one did, she did it herself.
What she said shocked Veldhuizen and Doak.
Veldhuizen knew a child had touched her son's groin at school in March 2008 because the school sent home a note about it. School officials told her they had assigned an aide to the offending student, Veldhuizen said.
She didn't know the student continued to harass her son,screaming profanities at him and threatening to kill him, often while he was in the bathroom. It got to the point, Wilson said, where Andrew, then 8, was afraid to go to the bathroom by himself and began having accidents.
"This kid would get right in his face and be bright red, screaming at him," Wilson said. "Andrew would just sit there dumbfounded."
Wilson also shocked Doak with more information about Tucker, who cannot speak and is the size of a toddler.
Doak knew that in early February a child had tried to choke her son. She heard about it from her son's bus driver and immediately called the teacher. She didn't know that, about two weeks after that incident, the same student tried to suffocate Tucker, according to Wilson. Wilson said the student held tiny Tucker up in the air and put his hand over his nose and mouth.
"He was turning purple, and his eyes were beaded out," Wilson said.
Doak noticed physical and behavioral changes in her son at the time. Doak asked his aides and teacher if something was going on.
"I was bawling," Doak said. "Every single one of them knew what was going on and not one of them told me."
Carol Lear, a Utah State Office of Education attorney , said privacy laws make it tricky for schools to decide what to tell parents. "The school has to do whatever it has to do to keep those children safe," Lear said. "On the other hand, just because a kid acts out or is abusive, it doesn't destroy his rights to privacy either."
According to Utah law, the district technically may have done nothing wrong by not telling the parents. Schools are only required to tell parents about injuries to a child that require medical care outside of the school.
Doak and Veldhuizen find the law astonishing, especially because their children aren't able to tell their own stories.
"I'm not asking you to contact me if my child gets a hangnail," Doak said. "But suffocation and strangulation are different things."
Calling authorities
Carver, the assistant superintendent, said the district must weigh carefully whether to call outside authorities when children act out against others.
"It's not like we're trying to ignore the situation," she said. "But we work as a team to make that call -- what's best in that situation without bringing extra trauma or unnecessary developments to either the perpetrator or the child who's been perpetrated against."
Instead, Doak and Veldhuizen separately called the Weber County Sheriff's Office in March 2008 after they learned what had happened. The sheriff's office called DCFS, which investigated the incident involving the student touching Andrew inappropriately. DCFS supported the allegation, meaning most of the evidence suggested touching happened. A DCFS case worker recommended Andrew see a therapist.
The sheriff's office ultimately closed both cases and took no action against the child because of the child's age and mental capabilities, Detective Stephanie Tatton said.
DCFS director Duane Betournay said his agency works with schools to train them about what should be reported. Attempted strangulation, he said, should be reported. But inappropriate touching raises questions schools must first answer, such as: What was the intent of the touching? Was it the first time?
He said schools often err on the side of caution, both out of concern for the children and because they can face charges for failing to report abuse.
"Educators don't want to cry wolf when there's maybe nothing there, but at the same point in time they have some liability to report," Betournay said. "If they don't report, the consequences are potentially drastic not only for the person, but also the institution."
Problem students
Neither mother blames the offending child, who also has special needs, but they say the school should have done more to protect their sons.
At the time, the offending child was one of eight special needs children in the classroom, which was managed by four aides. The classroom lacked a licensed teacher for about six months during last school year, Taggart said, because of a statewide shortage of special education teachers.
"At times there were three of us, three aides trying to catch this one child, leaving one aide in the classroom with the rest of the kids," Wilson said. "I don't even know how any of the kids learned anything."
Taggart said there were enough aides but they weren't correctly handling the class. He said the same classroom has been successful this year because a new team of aides and a licensed teacher are now in charge.
He said he could not comment on whether the school took disciplinary action against the student last year. According to the law, schools may suspend special education students under some circumstances. But they can't simply move a special education student who is causing problems to another classroom without changing the child's individualized education program or trying a number of interventions, said Glenna Gallo, a special education coordinator with the state office.
"When you have a classroom for kids with severe disabilities, part of their disability, often, is some of those behaviors, those physically aggressive behaviors and verbally aggressive behaviors," said Ann Miller, the Weber district's special education director. "We try to teach students appropriate behaviors."
Lack of trust
Doak and Veldhuizen have filed a complaint with the Office for Civil Rights, a notification with the Utah Professional Practices Advisory Commission, and a notice of claim with the Weber district, but little has happened.
They took steps toward suing the district for monetary damages. But the state Division of Risk Management, which insures the district, denied the claim in October, saying the parents failed to follow the proper process.
Taggart said the parents first should have requested a hearing under the federal Individuals with Disabilities Education Act before going after the district with lawyers.
Doak and Veldhuizen said they didn't request a hearing because they didn't think the problem had anything to do with their children's educational plans. It had to do with their children's safety, they said.
They've given up on the lawsuit, which didn't seem to be going anywhere, and they moved their children to different schools.
But they still want to see the school held accountable.
"There needs to be a trust," Doak said. "If they're hiding stuff, there's obviously not that trust there."
By Lisa Schencker
The Salt Lake Tribune
Updated: 05/03/2009 09:48:28 AM MDT
http://www.sltrib.com/education/ci_12280790?source=rss
A child last year nearly suffocated Tucker Doak, an 8-year-old special needs student, according to a classroom aide.
The same child threatened to kill 9-year-old Andrew Veldhuizen, also a special needs student, and screamed profanities at him, the aide said.
In both cases, Plain City Elementary didn't notify the boys' parents, nor did the staff call police or the Division of Child and Family Services (DCFS). They didn't call authorities when the same child touched Andrew's clothed genitals, causing him to wet himself.
Tucker's and Andrew's parents are outraged the school told them nothing, but state laws that dictate what parents must be told about injuries at school are open to interpretation.
The parents also are disappointed school officials didn't call police or DCFS even though Utah law requires anyone who believes a child has been abused or neglected to notify authorities.
Weber School District spokesman Nate Taggart called some of the stories "exaggerated," but said he could not otherwise comment for privacy reasons. He said the district tries to communicate with parents as much as possible.
Linda Carver, Weber assistant superintendent, said schools must weigh what's best for children when deciding whether to call authorities.
"Even though we want it reported and want it reported to parents, we are the ones who have the insight on how to best deal and make sure it doesn't happen in the future," she said.
But parents Jamie Doak and Deborah Veldhuizen say the district didn't protect their children. They want officials held accountable so this doesn't happen to other students.
"This is something that shouldn't be kept under the rug," Veldhuizen said. "Parents aren't being notified."
In the dark
Veldhuizen and Doak didn't hear the full story about what happened to their sons until weeks after the incidents.
And much of what they did hear came from Holly Wilson, a classroom aide who was placed on paid leave in April about a month after telling them. Wilson believes she was let go for blowing the whistle.
Taggart said Wilson was not terminated for that reason. "It was felt that the team could not be effective with her there," he said.
Wilson said she gave the school a chance to tell the parents what happened. When no one did, she did it herself.
What she said shocked Veldhuizen and Doak.
Veldhuizen knew a child had touched her son's groin at school in March 2008 because the school sent home a note about it. School officials told her they had assigned an aide to the offending student, Veldhuizen said.
She didn't know the student continued to harass her son,screaming profanities at him and threatening to kill him, often while he was in the bathroom. It got to the point, Wilson said, where Andrew, then 8, was afraid to go to the bathroom by himself and began having accidents.
"This kid would get right in his face and be bright red, screaming at him," Wilson said. "Andrew would just sit there dumbfounded."
Wilson also shocked Doak with more information about Tucker, who cannot speak and is the size of a toddler.
Doak knew that in early February a child had tried to choke her son. She heard about it from her son's bus driver and immediately called the teacher. She didn't know that, about two weeks after that incident, the same student tried to suffocate Tucker, according to Wilson. Wilson said the student held tiny Tucker up in the air and put his hand over his nose and mouth.
"He was turning purple, and his eyes were beaded out," Wilson said.
Doak noticed physical and behavioral changes in her son at the time. Doak asked his aides and teacher if something was going on.
"I was bawling," Doak said. "Every single one of them knew what was going on and not one of them told me."
Carol Lear, a Utah State Office of Education attorney , said privacy laws make it tricky for schools to decide what to tell parents. "The school has to do whatever it has to do to keep those children safe," Lear said. "On the other hand, just because a kid acts out or is abusive, it doesn't destroy his rights to privacy either."
According to Utah law, the district technically may have done nothing wrong by not telling the parents. Schools are only required to tell parents about injuries to a child that require medical care outside of the school.
Doak and Veldhuizen find the law astonishing, especially because their children aren't able to tell their own stories.
"I'm not asking you to contact me if my child gets a hangnail," Doak said. "But suffocation and strangulation are different things."
Calling authorities
Carver, the assistant superintendent, said the district must weigh carefully whether to call outside authorities when children act out against others.
"It's not like we're trying to ignore the situation," she said. "But we work as a team to make that call -- what's best in that situation without bringing extra trauma or unnecessary developments to either the perpetrator or the child who's been perpetrated against."
Instead, Doak and Veldhuizen separately called the Weber County Sheriff's Office in March 2008 after they learned what had happened. The sheriff's office called DCFS, which investigated the incident involving the student touching Andrew inappropriately. DCFS supported the allegation, meaning most of the evidence suggested touching happened. A DCFS case worker recommended Andrew see a therapist.
The sheriff's office ultimately closed both cases and took no action against the child because of the child's age and mental capabilities, Detective Stephanie Tatton said.
DCFS director Duane Betournay said his agency works with schools to train them about what should be reported. Attempted strangulation, he said, should be reported. But inappropriate touching raises questions schools must first answer, such as: What was the intent of the touching? Was it the first time?
He said schools often err on the side of caution, both out of concern for the children and because they can face charges for failing to report abuse.
"Educators don't want to cry wolf when there's maybe nothing there, but at the same point in time they have some liability to report," Betournay said. "If they don't report, the consequences are potentially drastic not only for the person, but also the institution."
Problem students
Neither mother blames the offending child, who also has special needs, but they say the school should have done more to protect their sons.
At the time, the offending child was one of eight special needs children in the classroom, which was managed by four aides. The classroom lacked a licensed teacher for about six months during last school year, Taggart said, because of a statewide shortage of special education teachers.
"At times there were three of us, three aides trying to catch this one child, leaving one aide in the classroom with the rest of the kids," Wilson said. "I don't even know how any of the kids learned anything."
Taggart said there were enough aides but they weren't correctly handling the class. He said the same classroom has been successful this year because a new team of aides and a licensed teacher are now in charge.
He said he could not comment on whether the school took disciplinary action against the student last year. According to the law, schools may suspend special education students under some circumstances. But they can't simply move a special education student who is causing problems to another classroom without changing the child's individualized education program or trying a number of interventions, said Glenna Gallo, a special education coordinator with the state office.
"When you have a classroom for kids with severe disabilities, part of their disability, often, is some of those behaviors, those physically aggressive behaviors and verbally aggressive behaviors," said Ann Miller, the Weber district's special education director. "We try to teach students appropriate behaviors."
Lack of trust
Doak and Veldhuizen have filed a complaint with the Office for Civil Rights, a notification with the Utah Professional Practices Advisory Commission, and a notice of claim with the Weber district, but little has happened.
They took steps toward suing the district for monetary damages. But the state Division of Risk Management, which insures the district, denied the claim in October, saying the parents failed to follow the proper process.
Taggart said the parents first should have requested a hearing under the federal Individuals with Disabilities Education Act before going after the district with lawyers.
Doak and Veldhuizen said they didn't request a hearing because they didn't think the problem had anything to do with their children's educational plans. It had to do with their children's safety, they said.
They've given up on the lawsuit, which didn't seem to be going anywhere, and they moved their children to different schools.
But they still want to see the school held accountable.
"There needs to be a trust," Doak said. "If they're hiding stuff, there's obviously not that trust there."
IL: Early Childhood Center touts positive behavior
May 21, 2009 - 10:05 PM
By KIMBERLY A. CAMPBELL
For The Telegraph
http://www.thetelegraph.com/news/childhood-27013-early-program.html
GODFREY - Children at the Early Childhood Learning Center know how to "be kind" and "be safe."
They gather on the playground to cool off and take a student body photo. The children demonstrate good behavior, not just because they get rewarded - although a little incentive never hurt anybody.
The Positive Behavior Intervention Strategies is a district-wide program that recently was adopted at the Early Childhood Learning Center.
The program emphasizes the interaction of parents, students and educators to correct and improve the systems, data, practices and outcomes of a child's education.
Early Childhood is the first preschool in the state to implement the program.
The focus of PBIS is assisting schools in developing structures for teaching expected behaviors and social skills. It creates student behavioral and academic support systems, and applies data-based decision-making to discipline, academics and social/emotional learning at the school, district and state levels.
"The program works well because it is school-wide," said Early Childhood's social worker, Angie Payne. "Every faculty member - from custodian to secretary to librarian - they all work to ensure that kids have a consistently positive educational environment."
Some of the proactive interventions that take place are the reduction of reactive disciplinary measures (detentions, suspensions, expulsions, etc.), and evaluating the success across home, school and the community.
"We see a lot of our efforts being carried over into families of the students," Payne said. "Parents used to come to me and say, ‘My child is bad.' Now, the parents can recognize that kids aren't simply classified as good or bad; it's the choices they had been making."
PBIS combines supportive staff behavior, along with supportive student behavior, to result in supportive decision-making and social competence and academic achievement.
"We look for ways to be positive. We never tell them ‘no' or ‘don't,'" Payne said. "Instead, we give children the right to make their own choices. They are in control of their own behavior."
Early Childhood does group and individual interventions. PBIS has sent four representatives to help train the faculty at Early Childhood.
"Of course, we reward the kids for positive behavior," Principal Jill Hardimon said. "If a student is still having trouble learning, we look for ways to help them out."
Students who have trouble sitting still are allowed to sit in a taped-off "standing area." Students who have difficulties writing the alphabet can use their fingers on a tabletop smeared with shaving cream.
"Whether the trouble is behavioral, academic or even family-oriented, the goal is to help children to be successful at school and to help avoid difficulties at a higher education level," Hardimon said.
By KIMBERLY A. CAMPBELL
For The Telegraph
http://www.thetelegraph.com/news/childhood-27013-early-program.html
GODFREY - Children at the Early Childhood Learning Center know how to "be kind" and "be safe."
They gather on the playground to cool off and take a student body photo. The children demonstrate good behavior, not just because they get rewarded - although a little incentive never hurt anybody.
The Positive Behavior Intervention Strategies is a district-wide program that recently was adopted at the Early Childhood Learning Center.
The program emphasizes the interaction of parents, students and educators to correct and improve the systems, data, practices and outcomes of a child's education.
Early Childhood is the first preschool in the state to implement the program.
The focus of PBIS is assisting schools in developing structures for teaching expected behaviors and social skills. It creates student behavioral and academic support systems, and applies data-based decision-making to discipline, academics and social/emotional learning at the school, district and state levels.
"The program works well because it is school-wide," said Early Childhood's social worker, Angie Payne. "Every faculty member - from custodian to secretary to librarian - they all work to ensure that kids have a consistently positive educational environment."
Some of the proactive interventions that take place are the reduction of reactive disciplinary measures (detentions, suspensions, expulsions, etc.), and evaluating the success across home, school and the community.
"We see a lot of our efforts being carried over into families of the students," Payne said. "Parents used to come to me and say, ‘My child is bad.' Now, the parents can recognize that kids aren't simply classified as good or bad; it's the choices they had been making."
PBIS combines supportive staff behavior, along with supportive student behavior, to result in supportive decision-making and social competence and academic achievement.
"We look for ways to be positive. We never tell them ‘no' or ‘don't,'" Payne said. "Instead, we give children the right to make their own choices. They are in control of their own behavior."
Early Childhood does group and individual interventions. PBIS has sent four representatives to help train the faculty at Early Childhood.
"Of course, we reward the kids for positive behavior," Principal Jill Hardimon said. "If a student is still having trouble learning, we look for ways to help them out."
Students who have trouble sitting still are allowed to sit in a taped-off "standing area." Students who have difficulties writing the alphabet can use their fingers on a tabletop smeared with shaving cream.
"Whether the trouble is behavioral, academic or even family-oriented, the goal is to help children to be successful at school and to help avoid difficulties at a higher education level," Hardimon said.
KY: Appellate court upholds verdict against Fayette schools in sex-abuse lawsuit
Friday, May. 22, 2009
By Ashlee Clark - aclark@herald-leader.com
http://www.kentucky.com/181/story/804932.html
The Kentucky Court of Appeals affirmed Friday that the Fayette County Board of Education must award Carol Lynne Maner $3.7 million in her high-profile sex-abuse lawsuit against the district.
In 2007, a Fayette Circuit Court jury found that school officials in the late 1970s and early 1980s ignored allegations that Maner was sexually abused by four teachers, a guidance counselor and an assistant principal at Beaumont Junior High School and Lafayette High School. The jury's verdict is one of the largest awarded in Fayette County.
The school board had appealed the trial court's decision.
Maner said the appellate court's decision to uphold the 2007 verdict sends a message to school systems that "there's a problem, that this kind of thing happens, and they're not untouchable anymore."
"It feels like justice is actually unfolding, which is very uplifting," she said.
The Herald-Leader generally does not identify people who allege sexual abuse, but Maner came forward after she filed the civil lawsuit.
Larry Deener, the school board's attorney in the case, said he did not see the 53-page appeals court ruling until Friday afternoon and had not had sufficient time to review it.
"We will have to look at the opinion and discuss it with the board to see what would be appropriate for us to do at this point," Deener said.
In its appeal, the school board basically contended that the trial court had erred in failing to rule that the statute of limitations in the case had run out. But the appeals court rejected that argument.
Maner sued the district in 2003 on a civil rights claim and the Title IX Education Amendments of 1972, a federal law prohibiting sex discrimination in educational institutions. She says she was essentially denied her right to an education and subsequently slid into depression and drug addiction from the alleged abuse.
"It's such an emotional relief and release to have to hold onto this for so long and then be vindicated," Maner said of Friday's ruling. "That's a big feeling."
Roberta Walter, then known as Roberta Blackwell, and Russell Hubbard are the only former teachers accused by Maner to be criminally charged. Hubbard, a former Beaumont Junior High School science teacher, has been charged with third-degree rape and four counts of first-degree sodomy. Walter, a former Beaumont art teacher, has been charged with third-degree sodomy and third-degree rape.
The appeals court also upheld a circuit court decision to reward more than $240,000 in fees to Maner's attorneys, Chris Miller and Charles Arnold of Lexington. But the court decided not to award Maner post-judgment interest.
The school board could ask the court of appeals to reconsider its decision or it could appeal the case to the state Supreme Court, Arnold said.
Arnold said the decision tells potential molesters that "you can't hide from this, and eventually you're going to get caught."
By Ashlee Clark - aclark@herald-leader.com
http://www.kentucky.com/181/story/804932.html
The Kentucky Court of Appeals affirmed Friday that the Fayette County Board of Education must award Carol Lynne Maner $3.7 million in her high-profile sex-abuse lawsuit against the district.
In 2007, a Fayette Circuit Court jury found that school officials in the late 1970s and early 1980s ignored allegations that Maner was sexually abused by four teachers, a guidance counselor and an assistant principal at Beaumont Junior High School and Lafayette High School. The jury's verdict is one of the largest awarded in Fayette County.
The school board had appealed the trial court's decision.
Maner said the appellate court's decision to uphold the 2007 verdict sends a message to school systems that "there's a problem, that this kind of thing happens, and they're not untouchable anymore."
"It feels like justice is actually unfolding, which is very uplifting," she said.
The Herald-Leader generally does not identify people who allege sexual abuse, but Maner came forward after she filed the civil lawsuit.
Larry Deener, the school board's attorney in the case, said he did not see the 53-page appeals court ruling until Friday afternoon and had not had sufficient time to review it.
"We will have to look at the opinion and discuss it with the board to see what would be appropriate for us to do at this point," Deener said.
In its appeal, the school board basically contended that the trial court had erred in failing to rule that the statute of limitations in the case had run out. But the appeals court rejected that argument.
Maner sued the district in 2003 on a civil rights claim and the Title IX Education Amendments of 1972, a federal law prohibiting sex discrimination in educational institutions. She says she was essentially denied her right to an education and subsequently slid into depression and drug addiction from the alleged abuse.
"It's such an emotional relief and release to have to hold onto this for so long and then be vindicated," Maner said of Friday's ruling. "That's a big feeling."
Roberta Walter, then known as Roberta Blackwell, and Russell Hubbard are the only former teachers accused by Maner to be criminally charged. Hubbard, a former Beaumont Junior High School science teacher, has been charged with third-degree rape and four counts of first-degree sodomy. Walter, a former Beaumont art teacher, has been charged with third-degree sodomy and third-degree rape.
The appeals court also upheld a circuit court decision to reward more than $240,000 in fees to Maner's attorneys, Chris Miller and Charles Arnold of Lexington. But the court decided not to award Maner post-judgment interest.
The school board could ask the court of appeals to reconsider its decision or it could appeal the case to the state Supreme Court, Arnold said.
Arnold said the decision tells potential molesters that "you can't hide from this, and eventually you're going to get caught."
TX: Agency agrees to $112 million settlement to improve schools for disabled
01:14 PM CDT on Friday, May 22, 2009
By EMILY RAMSHAW / The Dallas Morning News eramshaw@dallasnews.com
http://www.dallasnews.com/sharedcontent/dws/dn/latestnews/stories/052309dntexsettlement.64b17e6.html
AUSTIN – The agency that oversees the state schools for the disabled must hire more than 1,000 new direct care workers and drastically improve living conditions at the facilities, under a $112-million, 5-year settlement with the U.S. Department of Justice.
The agreement, approved by U.S. Attorney General Eric Holder this week, follows a four-year federal investigation that found widespread civil rights violations across Texas' 13 state schools for people with disabilities.
It's a response to years of media reports about abuse and neglect in the facilities, culminating this winter with news of an employee-orchestrated "fight club" at the Corpus Christi State School.
"The abuse that has taken place is inexcusable," said Sen. Jane Nelson, R-Flower Mound. "We are all ready for a new beginning in our efforts to take care of and protect Texans with disabilities."
In a legislative hearing on the agreement on Friday, officials with the Department of Aging and Disability Services stressed that they have not been waiting for the sign-off to improve
conditions at the state schools.
"We've reduced the use of restraints, strengthened training of direct care workers and added hundreds of staff across the state," agency commissioner Addie Horn said. "Care for those in state schools is continually improving."
And lawmakers have already passed a bill and agreed to spend millions to improve safety at the state schools, emergency legislation ordered by Gov. Rick Perry. The state budget also includes a provision that would move some people out of the state schools into community-based care – and consider such a move for others.
Under the federal settlement agreement – which was nearly complete back in October, but held over for several months because of the new presidential administration – the agency and the Justice Department must make more than 1,000 direct care hires and appoint several independent monitors to oversee the state schools as they implement the changes. Depending on how effective the state schools are at instituting reform, they could be eligible for release from oversight in as little as a year.
Other terms of the agreement include:
• Hiring dozens of new investigators to more quickly review abuse and neglect allegations.
• Improving the quality of medical, dental and psychological care for residents, and providing more preventative care.
• Toughening penalties for failing to report abuse, or engaging in retaliation, and increasing training for identifying mistreatment.
• Ensuring residents are receiving individualized care, and are moved to the most integrated living setting.
• Curbing the use of physical restraints in state schools.
• Getting informed consent before administering psychotropic drugs to state school residents.
Lawmakers must pass a resolution approving the agreement by the end of the legislative session. As of Friday, the $45 million lawmakers would have to spend in the next two years to comply with the agreement was not included in the state appropriations bill, but lawmakers said they are hopeful it will be included in a supplemental budget.
"It's important that we move quickly," Rep. Patrick Rose, D-Dripping Springs, said.
Added Nelson: "I fear what will happen if we don't."
But some lawmakers said it shouldn't have taken a settlement agreement – or even widespread reports of abuse – to get to this point. They acknowledged they should've set aside funding for improvements earlier.
"I want the people of Texas to know we have to do more as a state to protect the people that we are entrusted to care for," said Rep. Abel Herrero, D-Corpus Christi.
By EMILY RAMSHAW / The Dallas Morning News eramshaw@dallasnews.com
http://www.dallasnews.com/sharedcontent/dws/dn/latestnews/stories/052309dntexsettlement.64b17e6.html
AUSTIN – The agency that oversees the state schools for the disabled must hire more than 1,000 new direct care workers and drastically improve living conditions at the facilities, under a $112-million, 5-year settlement with the U.S. Department of Justice.
The agreement, approved by U.S. Attorney General Eric Holder this week, follows a four-year federal investigation that found widespread civil rights violations across Texas' 13 state schools for people with disabilities.
It's a response to years of media reports about abuse and neglect in the facilities, culminating this winter with news of an employee-orchestrated "fight club" at the Corpus Christi State School.
"The abuse that has taken place is inexcusable," said Sen. Jane Nelson, R-Flower Mound. "We are all ready for a new beginning in our efforts to take care of and protect Texans with disabilities."
In a legislative hearing on the agreement on Friday, officials with the Department of Aging and Disability Services stressed that they have not been waiting for the sign-off to improve
conditions at the state schools.
"We've reduced the use of restraints, strengthened training of direct care workers and added hundreds of staff across the state," agency commissioner Addie Horn said. "Care for those in state schools is continually improving."
And lawmakers have already passed a bill and agreed to spend millions to improve safety at the state schools, emergency legislation ordered by Gov. Rick Perry. The state budget also includes a provision that would move some people out of the state schools into community-based care – and consider such a move for others.
Under the federal settlement agreement – which was nearly complete back in October, but held over for several months because of the new presidential administration – the agency and the Justice Department must make more than 1,000 direct care hires and appoint several independent monitors to oversee the state schools as they implement the changes. Depending on how effective the state schools are at instituting reform, they could be eligible for release from oversight in as little as a year.
Other terms of the agreement include:
• Hiring dozens of new investigators to more quickly review abuse and neglect allegations.
• Improving the quality of medical, dental and psychological care for residents, and providing more preventative care.
• Toughening penalties for failing to report abuse, or engaging in retaliation, and increasing training for identifying mistreatment.
• Ensuring residents are receiving individualized care, and are moved to the most integrated living setting.
• Curbing the use of physical restraints in state schools.
• Getting informed consent before administering psychotropic drugs to state school residents.
Lawmakers must pass a resolution approving the agreement by the end of the legislative session. As of Friday, the $45 million lawmakers would have to spend in the next two years to comply with the agreement was not included in the state appropriations bill, but lawmakers said they are hopeful it will be included in a supplemental budget.
"It's important that we move quickly," Rep. Patrick Rose, D-Dripping Springs, said.
Added Nelson: "I fear what will happen if we don't."
But some lawmakers said it shouldn't have taken a settlement agreement – or even widespread reports of abuse – to get to this point. They acknowledged they should've set aside funding for improvements earlier.
"I want the people of Texas to know we have to do more as a state to protect the people that we are entrusted to care for," said Rep. Abel Herrero, D-Corpus Christi.
Thursday, May 21, 2009
TX: Trial starts for man accused of state school abuse
Updated: May 20, 2009 01:55 PM EDT
By Holley Nees - bio email
http://www.ktre.com/Global/story.asp?S=10396388&nav=menu118_1
LUFKIN, TX (KTRE) - The trial of a man accused of abusing a Lufkin State School resident began Wednesday.
The prosecutor, Dale Summa, argued that Toby Falcon choked and punched the resident of following protocol that the State School has in place to calm residents down.
Summa said the resident got loud when he thought he had not been served his snack. The defense argued Falcon is not guilty of abuse of any kind. The defense pointed out the resident is self-abusive when he gets angry, but said there was a struggle when the resident became disruptive.
Falcon's attorney claimed workers stood by and watched the incident happen rather than helping Falcon. The first witness on the stand was a former state school employee that saw falcon's hands around the clients neck.
The trial is not expected to last longer than two days.
By Holley Nees - bio email
http://www.ktre.com/Global/story.asp?S=10396388&nav=menu118_1
LUFKIN, TX (KTRE) - The trial of a man accused of abusing a Lufkin State School resident began Wednesday.
The prosecutor, Dale Summa, argued that Toby Falcon choked and punched the resident of following protocol that the State School has in place to calm residents down.
Summa said the resident got loud when he thought he had not been served his snack. The defense argued Falcon is not guilty of abuse of any kind. The defense pointed out the resident is self-abusive when he gets angry, but said there was a struggle when the resident became disruptive.
Falcon's attorney claimed workers stood by and watched the incident happen rather than helping Falcon. The first witness on the stand was a former state school employee that saw falcon's hands around the clients neck.
The trial is not expected to last longer than two days.
Wednesday, May 20, 2009
Secretary Duncan Announces Plans to Increase Oversight of Seclusion and Restraint in Schools
EDUCATION & LABOR COMMITTEE
Congressman George Miller, Chairman
Wednesday, May 20, 2009
Press Office, 202-226-0853
GAO report released yesterday uncovered hundreds of allegations of abuse of schoolchildren
WASHINGTON, D.C. – At a hearing on Capitol Hill today, U.S. Education Secretary Arne Duncan told members of the House Education and Labor Committee that he intends to begin monitoring how states are using seclusion and restraint in public schools. Duncan also said he plans to ensure that all states have clear policies in place on seclusion, restraint and other physical interventions that are used in schools for the coming academic year.
A GAO investigation released yesterday at a committee hearing, and conducted at the request of U.S. Rep. George Miller (D-CA), the committee’s chairman, uncovered hundreds of allegations of abusive uses of seclusion and restraint practices on schoolchildren over the past two decades. In at least twenty of those cases, this abuse resulted in the death of a child.
Currently, there are no federal laws that govern the use of seclusion and restraint in schools. State regulation and oversight varies greatly; nineteen states have no such laws.
Specifically, Secretary Duncan announced that he is asking all state school chiefs to submit their plans for using seclusion, restraint and other practices for physical intervention in their schools. His announcement came at the beginning of a hearing to discuss the Obama administration’s plans for transforming education in America.
“Children’s safety has to be our number one concern before we begin to think about educating them and doing other things,” saidDuncan. “And as we go into the summer and prepare for next school year I want to make sure that as we go into next school year that every state has a real clear plan as to how to do this in a way that makes sense. And doesn’t jeopardize, doesn’t endanger children.”
To watch the full video of his announcement, click here.
Miller praised the Secretary for taking quick action on a first step toward improving federal oversight. The committee will continue working with GAO and the Obama administration on a comprehensive plan to keep school communities safe.
The Obama administration has indicated it plans to meet with stakeholders about these abuses in the coming weeks.
For more information on yesterday’s hearing, click here.
WI: Disability advocates challenge school seclusion rooms
BY SHARON ROZNIK • THE REPORTER • MAY 20, 2009
The Fond du Lac man was invited to join with Wisconsin advocacy groups in speaking out at a recent news conference held at the state Capitol. He said his son Justin, who has pervasive developmental disorder, suffered a broken elbow nine years ago when a teacher at Theisen Middle School put him in a Marine hold to restrain him.
A subsequent lawsuit filed in federal court in Milwaukee eventually was resolved with a settlement. Schingen said the experience changed the way his son was treated in school.
“We were satisfied with the outcome,” Schingen said. “Obviously, no amount of money can compensate when someone injures your child, but it helped Justin in the long run.”
He was disturbed, however, to learn that isolation rooms were still being used — though the use is limited — for students in Fond du Lac schools.
A joint report, “Out of Darkness Into the Light,” issued this spring by Disability Rights Wisconsin, Wisconsin FACETS and Wisconsin Family Ties, states that children in Wisconsin schools and treatment settings regularly and needlessly suffer from harmful practices used to manage “challenging behavior.” Children, including a 7-year-old Rice Lake girl, have died as a result of restraint use. Others have suffered physical injuries, such as broken bones, and psychological harm, including post-traumatic stress disorder.
The new bill, submitted for draft a couple weeks ago by Rep. Sandy Pasch, D-Whitefish Bay, calls for the use of Positive Behavioral Interventions and Supports (PBIS) as a safer and more effective alternative to seclusion and restraint. A psychiatric nurse, Pasch said she has seen standards change on the use of seclusion and restraints on adults and it’s time these changes affect children in Wisconsin’s schools and treatment centers.
“Our state must address outdated or nonexistent measures that fail to adequately address the health and educational outcomes of our children,” said Pasch. “Seclusion should never be used on children. It makes much more sense to sit with them and understand the student.”
Although children with disabilities, accompanied by behavioral problems, have been mainstreamed in public schools, educators are often not given adequate training to address the problem, she said.
Schingen said in his son’s case, Justin was often secluded in a “time-out” room on the premise that it was a separate instruction room for him.
“Initially, the room had a bean bag chair, a desk, a boom box and was used as a calming effect. As time went on, they used it for disciplinary measures and everything was removed,” he said.
In 2000, Justin was on a bus trip and would not follow a teacher’s request that he stop tapping on the roof of the van. That was when he was placed in an arm hold used in the Marines, Schingen said.
“That was nine years ago, so I’d rather not focus on that. Instead we need to change the laws,” Schingen said.
Never unattended
John von Tish, director of pupil services for Fond du Lac Schools, said the district’s seclusion rooms have been physically inspected by a consultant with expertise in emotional behavioral disabilities and other health impairment programs at the Department of Public Instruction. He believes the district is already doing what the proposed law asks for — that they be used sparingly, as a last resort for the safety of everyone involved.
“During that onsite visit, the Fond du Lac School District was found to be in compliance with all the recommendations and guidelines established by the DPI,” he said.
Attorney for Justin’s case and for Disability Rights of Wisconsin Jeff Spitzer-Resnik said there are 20 states that have statutes and regulations in place that address caregiver training, mandate reporting, and restrict the use of restraints and seclusion. He called the DPI guidelines on seclusion and restraint “a lot of text with hopeful suggestions.”
“We know there are children with behavioral and significant challenges in school. But a lot of techniques are used in situations that are not really dangerous, rather annoying and disruptive. The example for Justin is a really good one. I’m sure what he was doing was bothersome to the driver, but it wasn’t an appropriate response by the teacher to a non-violent situation,” he said.
Von Tish said although he can’t speak about the case, which happened years ago, students in Fond du Lac Schools are never locked in rooms or left unattended.
A subsequent lawsuit filed in federal court in Milwaukee eventually was resolved with a settlement. Schingen said the experience changed the way his son was treated in school.
“We were satisfied with the outcome,” Schingen said. “Obviously, no amount of money can compensate when someone injures your child, but it helped Justin in the long run.”
He was disturbed, however, to learn that isolation rooms were still being used — though the use is limited — for students in Fond du Lac schools.
A joint report, “Out of Darkness Into the Light,” issued this spring by Disability Rights Wisconsin, Wisconsin FACETS and Wisconsin Family Ties, states that children in Wisconsin schools and treatment settings regularly and needlessly suffer from harmful practices used to manage “challenging behavior.” Children, including a 7-year-old Rice Lake girl, have died as a result of restraint use. Others have suffered physical injuries, such as broken bones, and psychological harm, including post-traumatic stress disorder.
The new bill, submitted for draft a couple weeks ago by Rep. Sandy Pasch, D-Whitefish Bay, calls for the use of Positive Behavioral Interventions and Supports (PBIS) as a safer and more effective alternative to seclusion and restraint. A psychiatric nurse, Pasch said she has seen standards change on the use of seclusion and restraints on adults and it’s time these changes affect children in Wisconsin’s schools and treatment centers.
“Our state must address outdated or nonexistent measures that fail to adequately address the health and educational outcomes of our children,” said Pasch. “Seclusion should never be used on children. It makes much more sense to sit with them and understand the student.”
Although children with disabilities, accompanied by behavioral problems, have been mainstreamed in public schools, educators are often not given adequate training to address the problem, she said.
Schingen said in his son’s case, Justin was often secluded in a “time-out” room on the premise that it was a separate instruction room for him.
“Initially, the room had a bean bag chair, a desk, a boom box and was used as a calming effect. As time went on, they used it for disciplinary measures and everything was removed,” he said.
In 2000, Justin was on a bus trip and would not follow a teacher’s request that he stop tapping on the roof of the van. That was when he was placed in an arm hold used in the Marines, Schingen said.
“That was nine years ago, so I’d rather not focus on that. Instead we need to change the laws,” Schingen said.
Never unattended
John von Tish, director of pupil services for Fond du Lac Schools, said the district’s seclusion rooms have been physically inspected by a consultant with expertise in emotional behavioral disabilities and other health impairment programs at the Department of Public Instruction. He believes the district is already doing what the proposed law asks for — that they be used sparingly, as a last resort for the safety of everyone involved.
“During that onsite visit, the Fond du Lac School District was found to be in compliance with all the recommendations and guidelines established by the DPI,” he said.
Attorney for Justin’s case and for Disability Rights of Wisconsin Jeff Spitzer-Resnik said there are 20 states that have statutes and regulations in place that address caregiver training, mandate reporting, and restrict the use of restraints and seclusion. He called the DPI guidelines on seclusion and restraint “a lot of text with hopeful suggestions.”
“We know there are children with behavioral and significant challenges in school. But a lot of techniques are used in situations that are not really dangerous, rather annoying and disruptive. The example for Justin is a really good one. I’m sure what he was doing was bothersome to the driver, but it wasn’t an appropriate response by the teacher to a non-violent situation,” he said.
Von Tish said although he can’t speak about the case, which happened years ago, students in Fond du Lac Schools are never locked in rooms or left unattended.
“We keep a log on every child indicating what behavior transpired, what happened, how long they are in a specific room, and we notify parents,” he said. “We also give students a functional behavior assessment to see if the behavior can be modified.”
Sensory break rooms are non-punitive and are used to give students a place to go before things escalate. The rooms are equipped with things like weighted blankets and vests, rockers and swings and may be dimly lit, he explained.
“We have kids that say I need to take a break, and an adult goes with them. It’s open and kids can come and go. They can be invited to the room, or they can go there themselves. Sometimes they get scheduled on a regular basis,” he said.
Seclusion rooms are used when “we have tried everything else and nothing can de-escalate a child,” von Tish said. The walls and floors are covered in mats and the child stays in the room only long enough to calm down.
“We try to locate the rooms close to special education classrooms. I guess there is one in every place we need it,” he said, when asked how many were located in district schools.
Spitzer-Resnick said the bill isn’t calling for an absolute ban on techniques that need to be used in truly dangerous situations.
“Disability Rights of Wisconsin gets calls from teachers stating their principals want the kids hauled off to an ‘isolation place’ all the time. It would be more powerful if teachers could say it was against the law, that it is something that shouldn’t be done,” he said.
TX: Temple school board approves corporal punishment
http://www.news8austin.com/content/your_news/default.asp?ArID=241029
Older generations may recall the stinging blow of a ruler or paddle following an inappropriate comment or a not-so-innocent glance at a classmate's paper during a test.
Times have changed, however, and as such, one school district's new corporal punishment policy has a few parents divided on the issue.
"I think it's good," Temple Independent School District parent Elizabeth Santiago said. "They need some kind of discipline, and if the school gives it to them, then so be it."
According to the district's policy, if a student causes a major disruption at school, parents can approve a paddle-spanking by the principal or assistant principal.
"We are honoring that parental request and the consistency between home and school," TISD Assistant Superintendent John Hancock said. "Discipline is a collaborative issue."
Temple ISD said this is not a "one fell swoop" policy, but said it looks at every child, every parent, every case, independently.
"Where a parent who doesn't think that it is appropriate to spank their child, nothing has changed," Hancock said.
So, if a parent doesn't want their child spanked, the school won't do it, but some parents said they're against spanking in schools across the board.
"I don't think it's fair to anybody's child for corporal punishment," TISD parent Isam Beechamp said. "If they feel like we have children that are irate, then we need to beef up on the security."
TISD said, at this point, there are no plans for formal-paddle training for those who give spankings, and they aren't requiring administrators to spank kids if it makes them uncomfortable.
The school board approved the measure Monday, and implementation is set to start in the fall.
Temple ISD said that the Texas Association of School Boards has 92 Texas public school districts that do not allow corporal punishment and 470 that do allow it.
For more information about Temple ISD's policy, visit www.tisd.org.
Copperas Cove Independent School District's superintendent said the district does have a corporal punishment policy in place, but hasn't used it in the six years she's been superintendent.
Killeen and Belton school districts said they will not be using corporal punishment in the upcoming school year.
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.
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.
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