The mother of a special needs student has filed a complaint with the Maryland State Department of Education alleging that John Archer School staff illegally used mechanical restraints on her son, causing him physical harm, and committed a number of violations of state and federal special education law. MSDE spokesman Bill Reinhard said the formal complaint filed by Janice Wright was received on April 10 and that the state is “committed to a thorough investigation.”
Wright’s son Matthew was a student at John Archer School in Bel Air until October 14, 2011. On that day at the school, Wright alleges that she saw Matthew strapped face down in a device called a “Tumble Form Grasshopper”, which she later learned was being used to transport her 14-year-old from the bus into the school. Wright says in the complaint that her son is non-verbal and has a documented history of seizures and orthopedic issues that contraindicate the use of such a device. Wright also alleges that use of the device was not prescribed by a health professional and that she had not agreed to the use of the device in her son’s Individualized Education Plan (IEP), as is required by law.
A police investigation in late October concluded that there was no intent on the part of John Archer staff to harm Matthew and that based on the evidence, no crime was committed. However, the report concluded:
“It is the opinion of this investigator that the position Mathew was placed in, with his arms strapped at his side and torso elevated, [p]ut him in a position placing him in danger of ‘positional asphyxia’. This danger is compounded by the fact that Mathew is non verbal…
Based on the facts of this case it would appear that this incident is a result of poor training in the use of the Tumble Form Grasshopper, and it appears that, since the device is described as a therapeutic device, that it was not intended to be used as a transport device.”
Wright first made her allegations public at a school board meeting on March 12, where, based on an anonymous letter from someone claiming to be a teacher at the school, Wright also said that John Archer Principal Deborea Montgomery dragged another student face down by his legs through the school lobby and outdoors onto the concrete in 2009.
Following the school board meeting, Teri Kranefeld, HCPS manager of communications, said that the school system would investigate the dragging claim. Montgomery, who had been the school’s principal since 2009, was moved on March 26 to a central office position in Harford County Public Schools; Kranefeld said at the time that she could not discuss the factors surrounding the “transition.”
In response to a series of questions posed by The Dagger about Wright’s allegations regarding her son Matthew, including the formal complaint, Kranefeld issued the following statement:
“Due to confidentiality laws that protect our students, I cannot speak to the student’s case specifically. However, I can tell you that the Tumble Form Grasshopper is a piece of adaptive equipment designed for special needs children and young adults. It is primarily used for Physical Therapy and assists in positioning and safe transport. The Tumble Form Grasshopper is still available at John Archer and staff members have been trained on the proper technique for usage.”
Prior to Wright’s complaint, no other allegations regarding the use of restraints in HCPS had been received by MSDE since 2008, according to MSDE spokesman Reinhard.
In the 2008 case, the parents of a John Archer student alleged that their 12-year-old autistic son was subjected to the improper use of a lap belt and a “Rifton” chair as restraints. Similar to Wright’s complaint, the parents in the 2008 complaint also alleged that the use of the equipment was not prescribed by a health professional, nor was it included in the student’s IEP.
Following an investigation that included interviews with John Archer staff, MSDE found that the Rifton chair was not used during the school year in question and that the lap belt was not used as a means of restraint. Rather, the use of the lap belt was documented by school staff as a “protective and stabilizing device” to aid the student’s attention to school work.
However, MSDE found that because the lap belt had not been prescribed by a health professional, nor was it included in the student’s IEP, the device was used improperly. As a result, MSDE ordered HCPS to ensure that the violation that did not recur and that it did not represent a “pattern of noncompliance” at John Archer School:
“MSDE requires that HCPS take steps to determine if the violation regarding the use of protective or stabilizing devices is unique to this case or if it represents a pattern of noncompliance at [John Archer.] If it is determined that a pattern of noncompliance exists with regard to the requirements, HCPS must review the IEP, and revise as appropriate, to ensure that the use of protective and stabilizing devices is provided in accordance with the regulations. In addition, HCPS must inform MSDE of the steps taken to ensure the violation does not recur, including a description of how HCPS will evaluate the effectiveness of the steps taken.”
In response to the 2008 order, Bill Reinhard from MSDE said that Harford County Public Schools “provided sufficient documentation that steps were taken to ensure the appropriate use of protective or stabilizing devices.”
Janice,
What conclusion will make you satisfied?
Just Curious
My guess is justice. A transition hardly sounds like disciplinary action. What do I know?
There was no Central Office job for Ms. Montgomery. She is hidden away until she finds another county to put up with her. The only reason she wasn’t terminated is the threat of a lawsuit. I can see Jesse Jackson and the Rev. Al Sharpton descending on little Harford County in her defense. That is what happens when you put people without good qualifications into jobs. Look what is happening at Edgewood Middle School and Abington Elementary.
what is happening at edgewood middle school and who are the people that have jobs there without good qualifications??
Dismayed,
Are you aware of their qualifications? How are you making those judgements?
Check your spelling of “judgements”
Thank you
Yes I agree they do put many unqualified people into theese jobs, and promote their friends,
Do you know what qualifications are required for the job? What makes somebody highly qualified vs. unqualified?
new job posted last week for HCPS – Coordinator of Special Education
wonder who that job is for?
She didn’t have a beef with the principal, just everyone else
The concerns at EMS and AES are with the leadership only, not the hard working teachers and support staff.
I believe the current principal at EMS is well qualified for that job!
There are concerns about leadership all across the district.
So what I am hearing you say is that leaders in the two schools are not hard working?
The most troubling issue in this article is the comment Ms Wright makes “device called a Trumble Form Grasshopper which she later learned was being used to transport her 14-year-old from the bus into the school”. The lack of communication between parents and staff is a systemic issue in many school districts when it comes to special need children and adults that are unable to communicate what is happening to them during the school day. One has to ask themselves why do the schools conveniently not tell the parents about incidents during the school day where they may not necessarily be totally in the right. Teaching children with special needs is not for everyone and that includes administrators.
The second issue that is very troubling is that the schools use of the Trumble Form Grasshopper or any other restraint device without the permission of the parent is not only wrong it is against the law in Maryland http://www.dsd.state.md.us/comar/comarhtml/13a/13a.08.04.05.htm . The administration of the school and the staff administering the restraints knew that it was wrong to place the child in a restraint face down. The law states that restrains can only be used by trained staff. This same law states that anytime a restraint is used it must be documented. If I was Ms Wright I would request to see all of the documentation pertaining to whom, how long, and why. The law also states that parents be notified within 24 hours of its use. My opinion is that a MSDE complaint is letting the school off too easy.
Dimayed, why bring race into to this?
Just when you thought it was safe to go back in the water. She’s baaaackkkkkkkkkk!
Must be a slow news day
This amazes me! We can’t give teachers a raise but we can CREATE a position for an ineffective principal who should have been fired. To all of you who feel that teachers complain, this is what sparks it. Why even post that job, we already know who it’s for.
How do you know “they” created a position for her?
Why is there a need for a NEW nearly six figure position when “they” claim we are scraping for pennies. I am smart enough to know they had to put the Archer principal somewhere. She can’t stay tucked in a corner in Office of Special Education forever, even if Al Sharpton could come. If they didn’t create it for her, who is getting fired, or did we demote another supervisor with no explanation.
Amazing, isn’t it!? The BOE can create several new high paying administrative positions,(the new position, Coordinator of Special Education, is offering a salary of over $80,000) spend over $300,000 fighting the HCEA and still have the nerve to tell their employees that there is NO MONEY for even a simple COLA!! What the hell!? And the public wonders why teachers feel disrespected and forgotten!?
Well who did then????? Please tell us. Are you a member of the board of ed?
Good Heavens! Do you know this for a fact!? Would the central office really be so brazen as to create a position for someone who has caused such a mess! Wow, if this turns out to be true it will be the nail in the coffin for any respect I may have had left for HCPS!
Jeff,
Consider the coffin lid firmly and finally nailed shut.
Well, you are right…I have lost all respect (and there wasn’t much left anyway) for HCPS! They actually gave the former Principal a new, high paying job even after she failed in her position and was despised by parents and faculty!!! Wow…nothing left to say.
The old adage of kicking them upstairs is alive and well at HCPS.