Shortened school day used as ‘end run around’ providing proper supports for children

Although her teenage son is now thriving in school, Louise still becomes emotional when recalling the classroom difficulties he had several years back, which repeatedly resulted in detentions and suspensions.
Although her teenage son is now thriving in school, Louise still becomes emotional when recalling the classroom difficulties he had several years back, which repeatedly resulted in detentions and suspensions. Buy Photo
Posted Oct. 28, 2011, at 2:49 p.m.
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BANGOR, Maine — David’s sixth-grade year didn’t go so well. Nor did seventh, eighth or ninth grade.

Because of his disruptive and at times explosive behavior, David spent months-long chunks of time during those four years on a two-hour-a-day school schedule or out of school altogether. He served numerous detentions and suspensions, and once had to be escorted screaming out of school by a police officer.

Now in tenth grade and diagnosed with generalized anxiety disorder, attention deficit hyperactivity disorder and chronic depression, David, whose name has been changed to protect his identity, is receiving support that his mother and legal advocates contend he has been eligible for all along. During the last school year he was on the honor roll and talks about going to college.

It’s been a remarkable transformation by any measure, but according to Diane Smith Howard, an attorney for the Augusta-based Disability Rights Center, David’s rights were violated for more than three years. Though Smith Howard says the center is advocating on David’s behalf, she would not discuss the details of its intervention or any legal process that is under way, if any.

“Under the law, everyone has a right to a free and equal education,” she said. “The exclusion of some kids from school improperly is discrimination.”

The Disability Rights Center’s core mission when it comes to public schools is to ensure that students receive special education services if they qualify for them. The issue of schools improperly excluding students from classes, along with therapeutic restraint and seclusion, are some of the most extreme measures schools use to deal with severe behavior problems in students, and according to Smith Howard, all three methods are in need of improvement in both policy and practice.

“Many school districts do a great job,” she said. “But there are some people who just don’t believe these disabilities are real.”

The only legal ways a school can exclude a student from school are suspension, expulsion or temporarily placing the child on an abbreviated school day. While on an abbreviated schedule, the student is supposed to receive counseling, tutoring or other services with the goal of reintegration into the normal school day, said Smith Howard. Schools are required to compile a risk assessment and develop an individualized education plan in a timely manner, but Smith Howard said too often that doesn’t happen.

“No one here is opposed to those children being placed away from other students if they’re dangerous, but a lot of times this risk-assessment process is used as an end run around providing those other services that the student needs,” said Smith Howard.

Aside from a general lack of motivation in the classroom, David often descended into severe frustration and angry clashes with his teachers. Two months into his sixth-grade year he had accumulated 11 disciplinary referrals and school officials were convinced that he didn’t have the social skills or poise to endure a full school day. As a result, his schedule was reduced to two hours a day with a tutor, secluded from the rest of the student body. That arrangement continued for 93 school days — more than twice what is now the legal limit — until April when he was enrolled by his family in a therapeutic education program at The Acadia Hospital in Bangor.

According to Louise, David’s mother, who asked that her last name not be published, both she and her son didn’t fully understand at that point that his behavior problems were direct symptoms of his mental illness.

“He couldn’t understand why he was being disciplined,” she said. “His self-esteem was just terrible. I had tried everything else in my power and it wasn’t going anywhere. We needed more support.”

David’s problems — which included numerous behavior outbursts, including at one point threatening to kill someone — continued similarly for the next three years, resulting in suspensions, numerous detentions and months-long periods of being on an abbreviated school day.

According to Katrina Ringrose, a Disability Rights Center advocate handling David’s case, much of David’s plight could have been avoided if the school department had agreed earlier to grant him special education supports such as social and coping skills training.

“This was despite their knowledge of all of his prior diagnoses,” said Ringrose.

Earlier this year, the Legislature passed a resolve instructing the Department of Education to make several changes to its Chapter 101 rule regarding abbreviated school days, including adding more stringent timelines for the process of reintegrating students into a regular schedule. This rule-making process is separate from the consensus-based rule-making effort that is ongoing for Chapter 33, which deals with therapeutic restraints and seclusions.

A public hearing is scheduled on the rule changes for 10 a.m. Monday, Oct. 31 in the Cross State Office Building in Augusta. The deadline for written comments, which may be emailed to jaci.holmes@maine.gov or mailed to Jaci Holmes, Federal State Legislative Liaison, Maine Department of Education, State House Station 23, Augusta 04333-0023, is 5 p.m. Nov. 11.

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  • Anonymous

    You have to be kidding. An out of control student should be left in the classroom, where that student will disrupt the education of students and possibly injure other students, teachers and educational assistants

  • Anonymous

         I guess folks in Camden just put kids into stocks in the center of town!

  • Mr_Spuddy

    After all, it’s all about YOUR kid’s rights–not the rights of the other 99%.

  • Anonymous

    Now that my kids are in school in Bangor, I’ve begun to understand the scope of the rigidity and closed-mindedness that is the school system in Bangor.  It has been a disappointing experience for me to find that the use of force is often required when dealing with the school. It is for that reason that the disability rights center is so important.

  • http://pulse.yahoo.com/_NXPTPFL746OV2VGR5WBOEUF6W4 Roger

    Once again the liberal laws let one child disrupt all the others. If the child is that much a problem send him/ her home and leave them there until they change.

  • Anonymous

    answer to the poll this is like giving them permission to spank your child.if i cant spank them i;ll be damn if they will.

  • Anonymous

    please read my comment on restraint, our children are in danger

  • Artie_LaGrange

    If any kid is a danger to himself or others, he/she should
    not be in public school! Teachers and Administrators should not have to deal
    with any kid that has serious discipline issues! That is the job of the
    parents. If kids have special needs they should get those needs filled in a
    special needs environment. I do not want an “out of control” kid
    posing a threat to anyone.

    Therefore, this kid needs to be somewhere other than the public school system wasting the time of
    the Staff.

  • Anonymous

    No one wants the education of other students disrupted by an out of control child. Not addressed in the article is the mention of least restrictive environment. Once a teacher has tried reasonable modifications to their instructional method in an attempt to provide the education the child by law is entitled to, that teacher may make a referral to have the student evaluated for special education services.

    Once the student qualifies (a declaration of an identified disability) for those services a placement decision is made based on the least restrictive setting where the child in question can gain access to the opportunity to be educated as well as his/her non-disabled peers. If a child warrants an out of school placement the district is required to pay for it. It is not impossible for such a placement to cost 10 times what it costs to educate a non-disabled student.

    If you think about how school budgeting works you can see that it might not be possible to anticipate such an expense and budget for it in advance. Therefore the district may try to avoid the costs. Some of what this article points to may be the district trying to avoid those costs by gambling the family may not challenge their decision to not provide services the child’s diagnosis points to, which may include an out of school placement.

    It is not pretty, no matter how you look at it. A child, not getting an appropriate education, will become a financial burden as an adult. If caught early, many children are able to make an adjustment to adult life and function independently. It would be unfair to blame the parent when the child with a disability may be being underserved in order to save money. 

  • Artie_LaGrange

    I find it quite
    troubling that one kid can prevent many kids from learning. In this type of
    situation the needs of the many outweigh the need of the one.

    Remove the chronic
    discipline problems from general education classes and place them in special
    classes, where they belong. The reason they are like this is irrelevant.

  • Anonymous

    I appreciate your concern but there are legal guidelines to shape the pathway to removal. A common approach is to hire a dedicated education technician or behavioral health professional (Section 28 — Maine state law) to support the child while remaining with peers.

    Isolation from peers is a heavy cost to pay. remember, it is possible that these children could occupy the same municipality as adults. They will need to learn how to get along as early as possible.

    Did you miss my point that school districts try to avoid costs associated with providing supports? Ed. Techs or BHPs cost money, but are cheaper than more restrictive placements.

  • Artie_LaGrange

    I think you misunderstand. I am not referring to off school
    institutions. I would use separate classes and / or expulsion, for real problem
    kids. Certainly if the types of institutions you refer to are needed, those
    individuals should not be in a public forum anyway.

  • Anonymous

    Point understood.

    As it happens I work with children in public schools whose Individual Education Plan, a product of a Special Education determination, calls for them to be educated in the classroom. All of the children I work with have been diagnosed with autism and their lack of social awareness and communication skills can and do distract from the learning environment of the whole class, if not supported. 

    The diagnoses mentioned in the article are for other types of disability. Since the 1970′s federal law has mandated that children with disabilities not be isolated from their peers as a matter of course. every effort must be made to make the same educational opportunity available to children with disabilities as non-disabled children.

    My point was that, because of the expense in identifying and implementing what can be expensive remedies, districts may deny or avoid addressing the issue. Unless I misunderstood the article, these children were possibly dealt with inappropriately, perhaps as a way to save money. If federal and state guidelines had been followed, other remedies would have been applied. They were not.

    I have known children who required adult restraint, but it was in a hospital setting, not a public school. The restraint was required due to physical damage and the threat of continued damage, both to people and property. It is difficult to imagine under-supervised or undertrained personnel providing appropriate restraint techniques that do not pose a health risk to the child.

  • Artie_LaGrange

    I am not for “unfunded mandates”. I am for better education for all kids!

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