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June 20, 2008
Parent Post: I’d like to share with you a dirty little secret about Deer Creek Schools. Many know but few will talk about it.
There is a room at Deer Creek Elementary. It is a small or confined space that used to be a storage closet. This old closet can be found in the Special Education Classroom area and the staff has given it a name……..The Time Out Room.
This so called room or closet has been used quite often to place special needs children in if they had a meltdown or did not act the way the staff thought the child should act. There is one door and three walls to this closet. The child is placed in there for long periods of time throughout the school day. This practice is done on daily basis not just occasional. Once the child is in the so called room or closet, the door is shut and the child is imprisoned.
Imagine a special needs child who can not speak, hear, see, processes information slow or is developmentally delayed. Life can be hard on these precious children. What we take for granted, they have to struggle to understand and learn. It may take several times of asking a child or the child trying to attempt a task for them to achieve it. One can and should expect frustration or over stimulation at times from the special needs child who is so desperately trying to accomplish their goal. I’m not talking violence or harm to someone. It’s just a child’s way of expressing themselves. The child may cry, bang their head, sling their books of their desk, and walk away from their desk or an activity. Due to their disability, they can not say, “I don’t understand” or “I’m frustrated”. Should that child be punished for that? The staff would call this “non-compliance” but is it really? Wouldn’t you think trained or certified school staff in the area of special education could recognize these behaviors and redirect the child appropriately?
For a neuro-typical child, this practice would be dangerous, scary and completely inappropriate. The special needs child already has so many fears about life. What do you think this Quiet Room says to them? What if the child had a seizure and the staff could not help? What if there were a fire in the building and the child could not get out? What if the child had to use a restroom?
If you think the Oklahoma Department of Education, Deer Creek Staff and Deer Creek Board Members are unaware of this room, you are wrong! The school district was told many years ago to shut this room down by a certain group. They did not.
This is not education. This is child abuse!
Our Reply: It certainly sounds like child abuse. Per www.childwelfare.gov,
State Statutes: Oklahoma: Child Abuse and Neglect
Definitions of Child Abuse and Neglect
Physical Abuse - Citation: Ann. Stat. Tit. 10, § 7102
Abuse means harm or threatened harm to a child's health, safety, or welfare by a person responsible for the child's health, safety, or welfare, including sexual abuse and sexual exploitation.
Harm or threatened harm to a child's health or safety includes, but is not limited to, nonaccidental physical injury.
Neglect - Citation: Ann. Stat. Tit. 10, § 7102
Harm or threatened harm to a child's health or safety includes, but is not limited to, neglect or failure or omission to provide protection from harm or threatened harm.
Neglect means failure or omission to provide:
- Adequate food, clothing, shelter, medical care, and supervision
- Special care made necessary by the physical or mental condition of the child
Emotional Abuse - Citation: Ann. Stat. Tit. 10, § 7102
Harm or threatened harm to a child's health or safety includes, but is not limited to, mental injury.
Abandonment - Citation: Ann. Stat. Tit. 10, § 7102
Harm or threatened harm to a child's health or safety includes, but is not limited to, abandonment. Neglect also includes abandonment.
Standards for Reporting - Citation: Ann. Stat. Tit. 10, § 7102
A report is required when a child's health, safety, or welfare is harmed or threatened with harm.
Persons Responsible for the Child
Citation: Ann. Stat. Tit. 10, § 7102
Person responsible for a child's health, safety, or welfare includes:
- A parent, legal guardian, custodian, or foster parent
- A person age 18 or older with whom the child's parent cohabits or any other adult residing in the home of the child
- An agent or employee of a public or private residential home, institution, facility, or day treatment program or an owner, operator, or employee of a childcare facility
Exceptions - Citation: Ann. Stat. Tit. 10, §§ 7103(E); 7106(A)(3)
A child is not considered abused or neglected for the sole reason that the parent, in good faith, selects and depends upon spiritual means alone through prayer, in accordance with the tenets and practice of a recognized church or religious denomination, for the treatment or cure of disease or remedial care of such child.
- Nothing contained in this subsection shall prevent a court from immediately assuming custody of a child and ordering whatever action may be necessary, including medical treatment, to protect the child's health or welfare.
- Nothing contained in this section shall be construed to exempt or prohibit any person from reporting any suspected child abuse or neglect pursuant to law.
If an investigation or assessment conducted by the department in response to any report of child abuse or neglect shows that the incident reported was the result of the reasonable exercise of parental discipline involving the use of ordinary force, including, but not limited to, spanking, switching, or paddling, the investigation or assessment will proceed no further.
Mandatory Reporters of Child Abuse and Neglect
Professionals Required to Report - Citation: Ann. Stat. tit. 10, §§ 7103-7104; tit. 21, § 1021.4
Mandatory reporters include:
- Physicians, surgeons, residents, interns, physician assistants, dentists, osteopaths, nurses, or other health care professionals
- Teachers
- Commercial film and photographic print processors or computer technicians
- Other persons
Reporting by Other Persons - Citation: Ann. Stat. tit. 10, § 7103
Any person who has reason to believe that a child is a victim of abuse or neglect must report.
Standards for Making a Report - Citation: Ann. Stat. tit. 10, §§ 7103-7104; tit. 21, § 1021.4
A report is required when:
- A person has reason to believe that a child is a victim of abuse or neglect.
- A health care professional treats the victim of what appears to be criminally injurious conduct, including, but not limited to, child physical or sexual abuse.
- A health care professional attends the birth of a child who tests positive for alcohol or a controlled dangerous substance.
- A commercial film and photographic print processor or computer technician has knowledge of or observes any film, photograph, video tape, negative, or slide depicting a child engaged in an act of sexual conduct.
Privileged Communications - Citation: Ann. Stat. tit. 10, § 7103
No privilege shall relieve any person from the requirement to report.
Inclusion of Reporter's Name in Report - Citation: Ann. Stat. tit. 10, § 7108
Reports may be made anonymously.
Disclosure of Reporter Identity - Citation: Ann. Stat. tit. 10, § 7109
The department shall not release the identity of the person who made the initial report unless a court orders the release of information for good cause shown.
Penalties for Failure to Report and False Reporting of Child Abuse and Neglect
Failure to Report -
Ann. Stat. Tit. 10, § 7103(C)
Any person who knowingly and willfully fails to promptly report any incident of child abuse or neglect, may be reported by the Department of Human Services to local law enforcement for criminal investigation and, upon conviction thereof, shall be guilty of a misdemeanor.
False Reporting - Ann. Stat. Tit. 10, § 7103(D)
Any person who knowingly and willfully makes a false report under the reporting laws or a report that the person knows lacks factual foundation may be reported by the Department of Human Services to local law enforcement for criminal investigation and, upon conviction thereof, shall be guilty of a misdemeanor.
If a court determines that an accusation of child abuse or neglect made during a child custody proceeding is false and the person making the accusation knew it to be false at the time the accusation was made, the court may impose a fine, not to exceed $5,000 and reasonable attorney fees incurred in recovering the sanctions, against the person making the accusation. This remedy is in addition to the paragraph above or to any other remedy provided by law.
Have you tried the following to report this to:
June 19, 2008
Parent Post 1: We lost one of our best special education teachers to Cashion this year. She is leaving us because of board issues with making her child leave the elementary he'd been at for 2 years. So, now Cashion gets our wonderful teacher who actually went above and beyond for the special ed students and get this.. Toni Jones hired a special ed teacher from Cashion for next year. I don't know the ins and outs of the Cashion situation but I hope the teachers involved were up to par on the laws and handling IEPs since we have the Cashion person now and they have our lost treasure. This had been the first year in 8 years that my child's IEP was correctly written, followed and I didn't have my advocate at meetings but that teacher is gone now so good luck.
Parent Post 2: I'd like to propose an idea........would it be possible to have a small
area at your website dedicated to special needs? Things like FAQ, small
articles and parental rights. This would be for gifted/talented and
disabled.
Our Reply: To Parent Post 2, Rob and I were just talking about that last night, thinking that would be an
excellent idea. You must have heard us :)
If you could put something together and email it directly to us at rtalbot@talbotservices.com, I would be happy to add it to the site. Could you include explanations on terms and items you may refer to that those of us who are unfamiliar with the specialty needs arena may not understand? Please include your correct email address incase we have any questions.
June 18, 2008
Parent Post 1: If you don't have a child with a disability and have never had to enter into the special education system, it may be hard to understand parents that advocate for their children and their right to certain services.
The process the family in Cashion has taken is not uncommon. Please visit www.wrightslaw.com and see.
Every child is entitled to FAPE or Free Appropriate Public Education. That law can be found at www.ed.gov/about/offices/list/ocr/docs/edlite-FAPE504.html Federally funded money is sent to the school district to help provide for a disabled student. This is extra money and is based on the disability. What one child may need in the school setting may not be what another needs. The more severe the disability, the more services will be needed. In the case of the Cashion twins, they need tremendous amounts of therapy and help in order to learn or receive an appropriate education.
If your child was disabled and you knew what was needed or appropriate for your child:
- Would you fight for their education?
- Would you want minimal services or what was recommended by various experts?
- Would you want the teacher or therapist working with the child to be knowledgeable and certified in the area they were working with the child?
- If a hearing officer ruled that the school must provide certain services but the school never did provide the services, would you continue to fight for your child?
These are things the family in Cashion is having to deal with and why they have continued to file Due Process against the school. They care about all the children in the district but they must do what they have to for their children's sake.
The school willfully and knowingly took money meant for the students and misused it by paying attorney's fees.
Bottom line - It is always more cost effective for Districts to work with parents in reaching solutions, not matter how difficult or disagreeable ( or in this case -toxic), rather than engaging in litigation.
Parent Post 2: In response to your reply about Cashion...
The parent did say he was responsible for the education of his two. Wouldn't you be selfish for the needs of your child(ren) to be met? It "IS" the schools responsibility to provide the services for these two girls. When you have a special needs child you learn quickly to fight. According to IDEA(Individuals with Disabilities Education Act) and FAPE(Free Appropriate Public Education) the school is responsible for their needs , education and related services. Apparently Cashion dropped the ball they hired a firm from Tulsa at $300,000 for their court costs and Mr. Barry the father is right they could have used half of that to fund these girls education.
Many times we point the finger and forget four fingers are pointing right back at us... As far as Cashion is concerned if they had a Special Services Director who could write Grants then they may have avoided the entire situation. Deer Creek, someone posted ?'s I can answer a few from my experience with IEP's(Individualized Education Program) prepare to fight and if you have a special needs child get a good disabilities attorney or a good advocate. Be prepared and know your rights. Anna Bess Maly Deer Creek's Spec. Services director just resigned and that could be great for the District's Spec.Ed. program she didn't know how to write grants either.
Yes, people have moved from the district b/c their children’s special education needs weren’t being met. The OSDE might be able to answer the funding questions. Spec. Ed. is given certain amounts for certain disabilities ie: MR(mental retardation) LD(learning disabled) ADHD, Speech and Language and so on they can be all lumped together. There are several facets to Spec. Ed. and my experience is the more you know the better.
Many parents do not know their rights and there are a few who get what they get and don't throw a fit... Good Luck and if you live in DC's District with a child with Special Needs and can move I would! The teachers are great, but they are bound by the Administration. Administrative convenience is against the law and Deer Creek should learn from Cashion's example. No one should have to fight as hard as the parent's of special needs children to ensure that their children get what has already been made into law, no one.
Our Reply: First of all we apologize for not making our point clear. As we have all found out by using electronic means to communicate, what you type does not always accurately reflect what you are trying to say. But of all people we should know better.
About the family in Cashion, we applaud them for fighting for their children. We applaud them for holding the school accountable. We totally understand why they are doing what they are doing and yes we would do it ourselves if it was our children involved. But with that said let’s make no mistake about why they are doing this. They are doing it for their own benefit and the benefit of their kids hence us using the phrase ‘incredibly selfish’. Is what the family is doing wrong? No, as we just stated we would do it ourselves but it doesn’t make it any less selfish. So again we apologize for not making our point clear.
As for the whole Special Needs issue we agree there is a whole lot more to the story than what is happening in Cashion. Federal Mandates, as stated by the parent post’s, are to ensure that every student has the chance at an education. What the Federal Mandates don’t do is determine exactly how much money is needed to accomplish this. Yes the schools do receive Federal money to pay for the educating of Special Needs children but is it enough? According to the school district it is. But we don’t know if that is true.
Truthfully the problem is nobody with in our school district has ever taken a proactive approach to Special Needs Education. The school board should be requiring a complete evaluation of the program by an outside firm to evaluate the effectiveness of the program. If they continue to believe that nothing is wrong we are headed down the road that Cashion is traveling. And if we do go down that road hopefully our community will not be torn apart like Cashion’s.
June 18, 2008
Parent Post: Update on Cashion Schools Special Needs Lawsuit.
Our Reply: While it seems initially that Cashion was not living up to their end of the bargain, after reading this article it seems more that this parent is incredibly selfish in that he will jeopardize some many young lives’ education in order to get free home care for his two girls. The laws in this case seems unfair to the school system. Maybe Governor Henry needs to look into special needs satellite schools that will more effectively use special needs funding to help children like these.
May 29, 2008
Parent Post: Governor Henry now decides if tax dollars will fund a Cashion School\'s legal battle. Tax Money Would Fund School's Legal Battle:
koco.com/video/16421070/
April 15, 2008
Update: We spoke with School Board Member John Robertson about a month ago and one of the issues we talked about was funding. We appreciate John taking time out of his busy schedule to meet with us and providing the information that he did.
SPECIAL NEEDS FUNDING
The school will spend about $2.2 million dollars educating students with special needs. About 85% of this will go towards salaries of certified and non-certified district employees. 5% will go towards professional services and the remaining 10% covers everything else. These are rough and rounded numbers but the point is easy to see.
Federal and State dollars cover very little of the $2.2 million and the balance is made up from the general fund. If you look at it from a dollar to dollar comparison the school district is paying about 3 times more for special education than what is mandated for special needs students. Are they spending the money the right way? We couldn’t tell you but the school is audited on the special needs spending.
GIFTED FUNDING
The gifted and talented program is not a stand alone program such as special needs is. The gifted and talented program is not audited. The gifted and talent include many aspects including pre-AP and AP classes. The school district received $284,000 in funding and has spent $360,000. The lion’s share of the funds going towards salaries.
So in the end the school district is spending more than what is required on Special Needs and Gifted funding. Are they doing enough? That would depend on who you ask.
Interestingly enough we received some information about this very subject in regards to the Cashion School District. Apparently a family is challenging the school district over the education that their daughters are receiving. It has caused quite a stir in the Cashion District but the results could have far reaching effects including the Deer Creek School District.
February 15, 2008
Parent Post
Regarding the question about where the special ed and gifted money received from the government goes: I can not speak to the special ed money but the gifted money goes into the general education budget. It is not separated out and used specifically for those children. Yes, many people have left and continue to leave the district because they do not feel their children are getting an adequate education.
February 12, 2008
Parent Post
I'm curious if the administration will tell us the budget for the Special Education Program. I think we'll find that there is NO special ed budget. Since the day it opened, Rose Union had and continues to absorb the costs of the special ed program. Our Pre-K program is a remedial program and the district does indeed receive federal funds for it. How can we account for these funds?
I suspect that is why Rose Union opened with no playground equipment, not enough books, etc. and the pre-K program is in the well documented run down portables. The teachers and aids are having to push wheel chair bound kids up steep ramps because no ground level classrooms were planned for them. Another instance of lack of foresight by a school board that wants to "Keep Deer Creek Strong"
February 1, 2008
Parent Post:
Could someone please answer the following:
- What is the percentage of special needs and gifted students that are currently enrolled in Deer Creek Schools?
- Do parents feel like their special needs or gifted child is being serviced appropriately at Deer Creek Schools?
- Have any families moved out of the district because they felt their child wasn’t receiving an appropriate education?
- Each school year, the Federal Government gives every complying school district a certain amount of money above the set amount provided per student that is enrolled in their district for children that are gifted or have a special need such as ADHD, Emotionally Disturbed, Autism and Mental Retardation. How does Deer Creek Schools put that money to use? Is it spent solely on children in those categories for teaching tools, teacher’s aides and therapies or is it placed in a general fund for things like computers and textbooks that all students use?
Our Reply:
According to the 2006 School report card 16.9% of the students are in Gifted and Talented while 11% are in Special Education.
While looking around we found the state’s website that deals with special education and here is the link for that website. http://se.sde.state.ok.us/ses/
As for the other questions we do not know the answers but we are sure there will be some responses to your post. You can go to the administration building and ask for a breakout of where the money goes and we would recommend that you do that. Let us know what you find out.
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