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Charlyne

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Can't even be sure that he dislikes school. He loves his bus driver, aide

and bus ride. I think his teacher is a waste, but I am not sure what he

thinks. Firedrills are definite melt down time!!

Sara - Choose to make lemonade, not complain about the lemons.

>From: charlyne1121@...

>Reply-To:

>To:

>Subject: Re: School????

>Date: Sat, 16 Oct 2004 11:20:36 EDT

>

>

>In a message dated 10/15/2004 8:41:26 PM Eastern Daylight Time,

>pastmidvale@... writes:

>

>

> > Elie tells me daily that it is time for Friday!! As in TGIF! Today he

> > told

> > me " OK enough school, vacation time. " Then he came to supper and told

>us

> > that October is over - no more firedrills.

>

>Hi Sara,

>Do you think Elie dislikes school only because of the firedrills?

>Charlyne

>Mom to Zeb 11 DS/OCD/ASD?

>

>

>

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Hi Charlyne,

Here is the current newspaper article that the mom had email me.

Brent is the sweetest person and zero violence at home.

Student's treatment questioned

Web Posted: 10/18/2004 12:00 AM CDT

Croteau

Express-News Staff Writer

SCHERTZ — Brent Mutchler has an IQ of only about 45 and can't speak

in full sentences, but he always loved school — until this year.

Almost every day for the first month of classes, Brent, 12, who has

Down syndrome, became agitated and ended up being restrained,

filling his trips to Corbett Junior High School with fear and dread.

(Gloria Ferniz / Express-News)

Mutchler puller her son, Brent, 12, from Corbettt Junior High

School in the Schertz-Cibolo-Universal City School District.

Attempts to control Brent in his special education class triggered

the outbursts. Several times, he was knocked to the floor and a

school district police officer sat on his back, cuffing his wrists —

a position that can result in death.

Things got so bad that his teacher and her assistant filed criminal

assault charges against the stocky child last month, and his mother,

Mutchler, pulled him from classes until he can be transferred

to another teacher.

" It seems clear to us that they started a pattern of extreme

overreaction to what I, as a former teacher, would consider minor

stuff, " said Kay Lambert, education policy specialist at Advocacy

Inc., which is advising Brent's mother. " They made him what he is. "

Mutchler said that in some cases, she learned Brent's agitation is

compounded when school personnel threaten to restrain him or call

his mother, both tactics known by his special education teachers to

agitate him — and which a behavior plan filed with the school

specifically rules as inappropriate.

Mutchler said she has met repeatedly with officials at the school in

the Schertz-Cibolo-Universal City School District and an outside

expert to work out a detailed behavior plan for Brent. The teachers

do not follow the plan, she said, and the result is chaos in the

classroom.

A school official said confidentiality rules prevent him from

speaking about Brent.

Juvenile offense reports taken by campus police from teacher's

assistant Wen-Shing Buckley and obtained by the San Express-

News state that Buckley signed an affidavit of prosecution and that

she wishes to pursue criminal assault charges against the boy.

The reports state that on Sept. 7, Buckley saw Brent striking

another teacher and that Brent spit in her face when she tried to

intervene. The reports also state that on Sept. 10, Brent struck her

in the arm, causing Buckley " physical and psychological pain. "

Brent's teacher, Tammy , filed a report Sept. 14 with

Schertz police accusing Brent of assault with bodily injury, but the

report gives no details.

There was no mention of medical treatment needed in either case.

" How does filing charges help Brent? " Mutchler said. " He doesn't

even know what charges mean. "

Buckley and did not respond to interview requests.

Bob Graf, Guadalupe County chief juvenile probation officer, said

this case is the first one in which he has heard of teachers filing

assault charges against a special education student in the county.

He said the child would have to be able to understand the charges

and aid in his own defense to stand trial criminally, so it is

doubtful that Brent, who his mother says cannot string three words

together in a sentence, would be prosecuted.

" It is always a problem for us, why is a mentally challenged child

even in the system, " Graf said. " But there is a gray area. If you

commit a violation and you know right from wrong, you are

responsible. "

It is rare, but not unheard of, for a teacher to bring in the police

when a special education student is continually violent and creating

an unsafe situation for teachers or other students, said Holly

Eaton, a spokeswoman for the Texas Classroom Teachers Association.

" It is usually an act of desperation by a teacher who has not gotten

support from the school administration or the parent, " she said. " It

is a cry for help. "

The behavior plan for Brent, whose mother says does not have a

history of violence, stresses positive re-enforcement when he

behaves.

For every 15 minutes Brent does not cause a disruption, he earns a

check mark. The check marks then can be traded in for perks,

including time playing computer games. If he acts up or hurts

another child, the 15-minute timer goes to zero.

He also had a " calm down " area he could choose to go to if he got

agitated. If he did not follow directions, the teacher was supposed

to move on instead of trying to coerce him into following the

instructions. The next option was a one-minute time-out in the back

of the room.

Restraint was to be used only if he was trying to hurt someone.

The check marks and positive reinforcement sometimes work, but can

make classwork more difficult for teachers, said Cleborne Maddox, a

professor of counseling and education at the University of Nevada,

Reno, and a former special education teacher.

" It is very difficult for a teacher to manage a 'token economy' in a

large group and just reinforcing one child, " Maddox said. " Things

can go wrong really easily. If there is a delay of just a few

seconds between the appropriate behavior and the reward, you can be

reinforcing the wrong behavior.

" I feel for everyone involved in that situation. Once it gets to the

point where it is so adversarial, with people getting attorneys and

taking sides, there is not a lot of room for negotiation. "

Mutchler and Advocacy Inc. attorney Steve Elliot said some school

personnel who have restrained Brent have not gotten the required

training and have not provided required documentation of incidents

in which her son was restrained and that the district is not

following the behavior plan it agreed to.

Several times, they said, the campus police officer and other school

employees used a dangerous tactic, called prone restraint, in which

the person is taken to the ground face down and sat on.

An April 2002 study by Protection and Advocacy Inc. found more than

a dozen deaths from sudden cardiac arrhythmia or respiratory arrest

and many injuries caused by prone restraint over a three-year period

in California. The study recommended the tactic never be used and

that restraint must " be viewed as the result of a treatment failure,

not a treatment intervention " in treating mentally disabled people.

According to a log compiled by Mutchler, Brent was restrained 18

times in the first 21 days of the school year, which began Aug. 17.

The restraints lasted as long as 45 minutes, and he was handcuffed

three times, she said.

Most of the time, he was allowed to return to classes after he

calmed down, but his parents have had to pick him up at least twice

after incidents.

Tim Savoy, a spokesman for the district who has since left the

position, said teachers do not use prone restraint, but there " was a

disconnect " between them and the district's police officers, who did

use it.

The officers have been retrained, he said.

But Mutchler said students saw other district employees use the same

force.

One eighth-grader, whose mother asked that his name not be published

because she fears retaliation from the district, said he witnessed

two incidents in which Brent was restrained.

In one incident, another special education student was pushing and

hitting Brent in the cafeteria, when Brent jumped up and started

yelling " quit it. "

A district employee then walked in and saw the confrontation, the

boy said.

The man pushed Brent to the floor and held him down as Brent

struggled and scratched at him. Finally, the man got control by

pinning Brent's arms behind his back and hauled him to his feet, by

the arms, lifting Brent off the ground.

The other boy was not restrained or disciplined, the student said.

" He (Brent) didn't deserve it, " the student said.

Mutchler, who said she is not planning a lawsuit, wants another

teacher who will follow the behavior plan for Brent, who is being

taught at home by a district teacher until the issue is settled. She

said the reason usually given for restraint him is that he runs from

teachers.

" Wouldn't you run away, too, if they were knocking you down and

sitting on you all the time? " she asked.

" I just want it to stop. My son deserves at least a halfway decent

life. "

---------------------------------------------------------------------

-----------

rcroteau@...

> Hi Irma,

> The arrest of this child brings back many unpleasant memories. I

have since

> learned that this is not the norm but not uncommon in any state.

The school

> district personnel are all guilty. The OP & A's in the states are

great

> advocates. Hopefully this child will survive this one. Zeb did

fine but I still harbor

> plenty of resentment.

> Charlyne

> Mom to Zeb 11 DS/OCD/ASD?

>

>

>

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  • 1 month later...

In a message dated 12/9/04 6:33:40 PM Central Standard Time,

writes:

> Hi Karyn,

> I have been away on a business trip and am backlogged with e-mails. I am

> familiar with COACH. It is another assessment tool that asks questions to

> staff

> and family. The outcome can help in transitional and ed planning. The

> originator

> is Gianffredo, not certain of the spelling, a sped person from the

> University of Vermont. It is a good tool for future planning. I pray that

>

> gets the services he needs to support him and peace of mind for you and your

>

> husband.

> Charlyne

> Mom to Zeb 11 DS/OCD/ASD?

>

Thanks for the reply. I looked up most of the assessment tools the evaluators

will be using and they all seem very geared to futures planning and providing

appropriate supports rather than the older type of assessments that I find so

useless. I am feeling more comfortable with the team that will be doing

's assessment.

Karyn

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