lawsuit accuses a Greensburg school of restraining and isolating

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lawsuit accuses a Greensburg school of restraining and isolating a

boy with autism for up to five hours, a situation that autism

advocates say occurs too frequently in Indiana and nationwide.

WHAT IS AUTISM?

Autism is a complex neurological disorder that can impair the ability

to interact and communicate. It can be associated with rigid routines

and repetitive behaviors, such as obsessively arranging objects or

following specific routines. Symptoms can range from mild to quite

severe.

For more information, go to www.autismspeaks.org or www.autism-

society.org.

and Michele Komora sued Decatur County Schools and the

Indiana Department of Education, alleging a failure to protect their

15-year-old son from staff members they say physically and

emotionally abused him.

At least one similar lawsuit has been filed in Indiana, but many more

incidents never reach the legal system, advocates say. Lawyers say

families often decide not to sue because they don't want to put

children with disabilities through the trauma and often have

difficulty proving abuse.

The incidents come as the number of special education students in the

state increased 37 percent from 1994 to 2004, reaching 174,000.

Schools are placing more students with disabilities in general

education classrooms, where they interact with teachers and staff who

may have little special education expertise. Some districts have

begun intensively training staff on how to best work with these

students.

The Komoras' federal lawsuit doesn't surprise Pieples,

president of the Autism Society of Indiana. She often hears about

other families with similar experiences.

" It's happening way too much, " she said. " I've heard of two other

cases like that in Indiana in the last few weeks. "

Pieples didn't know about another lawsuit, in which a local family

sued Pike Township Schools last year. According to ,

their attorney, they allege that a teacher's aide tied their son to a

desk at Lincoln Middle School and, in a separate incident, a staff

member rapped the child's hand with a ruler. The suit is moving

through the courts.

In another case this year, a New York man sued his local school

district for $190 million, claiming staff " imprisoned " his autistic

son in a padded room.

Long process

Tammy Meyer, an attorney for the Komoras, said their son had suffered

because of the inappropriate care at North Decatur High School and

said the school has a history of problems.

Before suing this week, the Komoras filed complaints with the school

district and the state, which led to a due process hearing and a fact-

finding period.

The Komoras are asking that their court, attorney and other expenses

be repaid, and for punitive damages from the defendants.

North Decatur Schools Assistant Superintendent Roach said the

district's insurance company was handling the matter and declined to

comment further. A spokesman for the Department of Education declined

to comment because it had not received the lawsuit.

In their lawsuit, the Komoras say school staff denied their son his

lunch and snacks while they restrained him and say that their son,

whose name was blacked out in court documents, was hurt during the

process. The lawsuit says he also suffered emotional harm.

Districts usually go to great lengths to prevent situations where

children are hurt.

For instance, Lawrence Township Schools sends its staff to training

on working with students with disabilities. Any teacher improperly

restraining a student -- tying a child down, for example -- would be

dealt with severely, said Assistant Superintendent Duane Hodgin.

" Anything like that would be a violation of our human dignity

policy, " he said. " That would not be an acceptable practice at all. "

New roles

Students with disabilities come into contact with more teachers now

than when they were isolated in special education classrooms. Pieples

and other advocates say many teachers aren't properly trained to calm

children with autism.

Students with autism often become agitated when confronted, she said.

But she said teachers and aides who address them calmly and try to

help them relax wouldn't need to use restraints.

The Komoras' lawsuit claims the district and state should have

prevented the " foreseeable misconduct " of the school staff.

" Unfortunately, it is not a unique situation, " said L.

Goodson, an Indianapolis attorney who handles special education cases.