A complaint filed with the Arkansas Department of Education alleges several autistic students in the Bentonville School District were denied appropriate services and subjected to physical restraint, solitary confinement and abusive language by staff members.
The 26-page complaint was written by Little Rock attorney Theresa Caldwell on behalf of the families of six current or former Bentonville students ranging in age from 8 to 11.
At A Glance
The Students
Those involved in the complaint against the Bentonville School District include the parents of:
• An 11-year-old diagnosed with autism spectrum disorder and developmental coordination disorder. This child is enrolled in the district as a second-grader.
• A 10-year-old diagnosed with pervasive developmental disorder, anxiety disorder, expressive and receptive language disorder, pragmatic disorder and impaired social functioning. This child was a third-grader in the district last year and is now home-schooled.
• An 11-year-old diagnosed with autism spectrum disorder/Aspergers and ADHD. This child was a fourth-grader in the district last year and is now enrolled at the Grace School in Fayetteville.
• An 8-year-old diagnosed with pervasive developmental disorder and ADHD. This child was a second-grader in the district last year and is now enrolled in the Grace School.
• An 11-year-old diagnosed with autism spectrum disorder and cognitive impairment. This child is now a fourth-grader in the district.
• A 9-year-old diagnosed with autism spectrum disorder, ADHD, expressive and receptive language disorder, sensory processing disorder and disruptive behavior disorder. This child was a second-grader in the district last year and is now enrolled in an out-of-state school.
Source: Staff Report
The complaint is the first step toward possible legal action, Caldwell said. Under federal law there are administrative hearings that must take place on the complaint before it progresses to federal court, she said. Those hearings with the Department of Education are set to take place between May 13 and June 9.
The complaint alleges each student was denied an appropriate individualized education program, which must be designed for every student who receives special education and related services. It also alleges each parent was denied "meaningful participation" in their child's education, timely progress reports, and documentation on disciplinary removals, seclusions and restraints.
The students also were denied the chance to take the Arkansas Benchmark exams the state requires for grades three through eight based upon their disability of autism "as such testing, if administered, would show each student's lack of achievement in math and literacy as a result of a lack of appropriate instruction," the complaint states.
One student was subjected to "inappropriate comments and sexual innuendoes made about his father" and "harsh and abusive language toward other peers" from staff members, the complaint states.
One student was subjected to repeated physical restraint and multiple periods of solitary confinement, where he was refused bathroom privileges. Another student, whenever he would have a "meltdown," would be dragged down the hallway, "resulting in physical abuse," according to the complaint.
The complaint also states each of the students received the majority of their education in an "autism self-contained classroom" segregated from other students. Those classrooms have no specific criteria for placement other than an autism diagnosis and all autistic children must receive special education services in the autism classrooms regardless of need or ability level, according to the complaint.
"It's a dumping ground," Caldwell said.
Each family is requesting the district pay for their students to attend the Grace School, a private school run by the Northwest Arkansas Center for Autism and Developmental Disabilities in Fayetteville.
Names of the children and families involved were redacted from a copy of the complaint Caldwell provided.
Mary Ley, the district's director of communication, issued a statement Wednesday. "The Bentonville School District takes pride in the education and services provided to each student. The students mentioned in Ms. Caldwell's most recent complaint are no exception. We absolutely do not agree with the allegations asserted by Ms. Caldwell. The Bentonville School District stands ready to provide the most effective, research-based instructional support possible for all of our students, including students with autism."
Caldwell, who specializes in special education law, said she has dealt with at least half of the school districts in the state. Bentonville isn't the only district failing when it comes to handling special-education students, but it's the worst, she said.
"I have never in my life had as many people as I have had from Bentonville telling me exactly the same horror stories," Caldwell said.
According to state data, 1,511 of Bentonville's 15,081 students, or 10 percent, are classified special-education students.
Two parents of autistic students spoke during a School Board meeting in February 2013 to present their concerns about the district's policies and procedures, including the restraint policy. The state Department of Education was contacted later that month by a group of parents of autistic students alleging the district violated the Individuals with Disabilities Education Act and state law.
The department launched an investigation involving interviews with numerous staff members and parents over a two-day period in March 2013.
The state's report from the investigation, issued in May, stated it lacked authority to order corrective action resulting from allegations of inappropriate programming or a parent's disagreement with the district of a student's placement.
The state, however, did issue a slew of recommendations related to the use of restraint and seclusion, the placement of students, the training of staff members and communication with parents.
Staff members should be trained in the use of restraint and seclusion and have a clear understanding of what it means to restrain or seclude a student, stated the report from Courtney Salas-Ford, an administrator in dispute resolution for the Department of Education. District records showed 44 incidents of restraint involving 13 students during the 2012-13 school year, according to the report.
Sen. Tom Harkin, D-Iowa, introduced a bill in February barring seclusion in locked, unattended rooms and prohibit almost all uses of restraint procedures in schools. A national study issued by the U.S. Senate found the use of seclusion and restraints in non-emergency situations poses "significant physical and psychological danger" to students.
The National School Boards Association objected to the bill, calling it a "federal overreach" that "fails to recognize the need for local school personnel to make decisions based on their on-site, real-time assessment of the situation," according to a news release from the association.
NW News on 04/10/2014