FAYETTEVILLE — The mother of a Bentonville School District student has sued local and state education officials claiming her disabled child was placed in an outpatient mental health treatment program without her consent where he was abused and denied a proper education.
Brittany O. sued the district; Superintendent Michael Poore; Tanya Sharpe, director of special education; Brad Reed, director of student services; Vista Health; the Arkansas Department of Education; Tom Kimbrell, state commissioner; and others in federal court in Little Rock claiming her child, identified as "L.," was removed from school and abused in a counseling program. The lawsuit makes claims under the Individuals with Disabilities Education Act.
The lawsuit claims the child, who has attention deficit/hyperactivity disorder, disruptive behavioral disorder and sensory disorder, was pulled out of class and placed in Vista Health's Therapeutic Day Treatment facility, which serves children with mental, emotional and behavioral problems in grades K-12, where the child suffered isolation, abandonment, and fear resulting in increased aggression and anxiety.
The lawsuit contends officials failed to assure children placed in the Vista program are provided a free, appropriate public education.
"Instead of following the statutory mandates, defendants are subjecting children with disabilities, including L., to unconscionable and abusive physical restraints, holds and solitary confinements for exhibiting disability related behavior, while depriving them of needed educational services," according to the lawsuit.
The lawsuit claims officials target children who are Medicaid-eligible and segregate those children, depriving them of regular and special education-related services and the opportunity to be educated with nondisabled peers.
The lawsuit claims the child was deliberately placed in Vista's program by the School District, without permission, to get the child out of Thomas Jefferson Elementary School, rather than providing an appropriate learning environment.
After the child was placed in the Vista program, there was no criteria for returning him to a classroom setting, and the district allowed Vista to make all decisions concerning his education and placement, according to the lawsuit. It also claims the child was repeatedly abused and Vista wanted to keep L. in the program to get Medicaid money.
The mother claims Vista officials said her child would have to be placed in a residential program to get out of day therapy.
The suit seeks unspecified compensatory damages and an injunction to prevent the district from sending children to the program.
NW News on 03/12/2014