Parents say their autistic child was restrained with wooden partitions at LaPorte school

Oct. 15--A LaPorte County couple this week accused their 7-year-old daughter's school of using a wooden structure to restrain the 2nd-grader, who has autism, without her parents' permission or knowledge.

Heather and William Castle said the staff members at Kingsford Heights Elementary School placed wooden partitions, apparently covered with a felt-like material, around Kennedi's desk to prevent her from getting up during class. They also wonder if their daughter may have been strapped into her seat.

"Our daughter was restrained against her will," Heather Castle said. "She's traumatized, and I honestly don't know if we'll be able to trust anyone else with her ever again."

The family's allegations raise questions about whether the school violated state law at a time when the use of restraint or seclusion on children with autism is gaining more attention at the state and national levels.

LaPorte Community School Corp. Superintendent Mark Francesconi said Friday afternoon he was "generally aware there have been some concerns," but that he could not discuss the complaints in detail because of privacy concerns.

"I would reiterate we're willing to work with parents if they have concerns," he said. "I would encourage more dialogue if there are unaddressed issues."

Heather Castle said she and her husband believe the restraint was used routinely for at least two weeks, which, if true, could violate the state's guidelines on restraint and seclusion.

State law allows school staff members to restrict a child's movement only as a last resort in response to an immediate risk of injury, or if the child's parents agreed beforehand to such measures.

Schools should only restrain a child for a short period of time, according to state guidelines, and restraint should not be used routinely to address behavioral problems, such as students being disrespectful or leaving their seats.

Heather Castle said Kennedi has been in a special-education class with the same teacher since kindergarten.

Castle said school staff members never notified them or sought their consent to use any kind of restraint on their daughter. They also did not agree to such measures in Kennedi's individual education plan, or IEP, the document that outlines academic and behavioral plans for a child with special needs.

Michael Moore, director of legal affairs for the Indiana Department of Education, said he was unable to comment on the Castle family's complaints because of the possibility that the department could be asked to investigate.

Tactics meant to shield children with autism from distractions are not uncommon, Moore said. In general, however a conclusion about whether a school violated state guidelines would depend on the details of the case.

"It's so fact-specific," Moore said. "Oftentimes a parent will agree in the IEP to some level to create a situation where the child is less distracted. The law basically says they can't restrict movement or seclude the child unless there's imminent risk of harm or if it's in the IEP."

Parents confront school

Last month, Kennedi's parents noticed she started having nightmares and hated to wear a seatbelt or participate in any structured activities, Heather Castle said. They also noticed some small abrasions around her midsection. Kennedi struggles to verbalize her thoughts and wasn't able to explain why she was so upset, Castle said.

About a week later, on Sept. 25, William Castle slipped past the principal and went to the classroom. When he got there, he found a desk with Kennedi's name on it. Underneath the seat was a raised wooden platform, and the desk top had boards forming partitions on two sides.

The boards were covered with a felt-like material. Kennedi's father did not see a belt or strap on her desk, though they question if that could be the cause of the small marks and abrasions around her waist.

William Castle found Kennedi's desk with panels attached to only two sides, so it's not entirely clear how they affected the child's movement or whether they would count as restraint within the state's definition.

The state guidelines define a "mechanical restraint" as "the use of a mechanical device, material or equipment that is attached or adjacent to a student's body that the student cannot remove and that restricts the freedom of movement of all or part of the student's body or restricts normal access to the student's body."

On Sept. 29, Heather Castle said, the family met with school officials, including the Kingsford Heights principal and Kennedi's teacher. She said the staff members apologized for failing to inform the parents, but they denied they had harmed the child, saying the teacher had acted in Kennedi's best interest.

Lawmakers and educators around the country have placed increasing scrutiny on the use of restraint and seclusion. In 2012, students were subjected to physical restraint or seclusion at least 267,000 times around the country, according to federal data examined by ProPublica, a journalism nonprofit. Those cases included tactics such as handcuffs, duct tape and isolation rooms.

In 2013, the Indiana General Assembly created the Commission on Seclusion and Restraint in Schools, which drafted the model policies for local schools. Lawmakers required school corporations to create their own policies to follow the state guidelines, and to track and report to the state their annual uses of restraint and seclusion.

In the 2016-2017 school year, LaPorte Community Schools reported six uses of restraint and no uses of seclusion, according to state data. Many area school corporations, including South Bend, Mishawaka and Penn-Harris-Madison, reported no instances of restraint or seclusion.

Joel Boehner, executive director of INSOURCE, a South Bend-based support network for Indiana parents of children with special needs, said he could not comment on specific cases involving restraint and seclusion. But he said it's an issue that deserves attention, as lawmakers continue to study additions to the state's law on the topic.

"The fact there's lawmakers looking into it suggests there's more that needs to be done," he said.

csheckler@sbtinfo.com

574-235-6480

@jcsheckler

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