Parents consider lawsuit as lawmakers weigh in on 'isolation booths'
LONGVIEW, Wash. – The families of three children who were put in a so-called “isolation booth” inside a Longview school have indicated they plan to sue the school district.
The notice of the potential lawsuit comes as lawmakers in Washington consider legislation that would force schools to notify parents when their children are held in these isolation rooms.
Isolation booths are small, padded boxes or rooms that some schools use to pacify or punish special-needs students who are acting out. Their use came to light in Longview last November with a series of stories reported by KATU News.
Now an attorney for the families has filed a “tort notice,” which is a legal notification that says they are exploring a lawsuit against the public school district.
Court papers filed with the notice say the parents never gave permission for their kids to be put in the isolation room and that the experience traumatized the students. It doesn’t say how much money the families might seek, but does say they’d seek compensation for emotional distress and punitive damages.
On Thursday morning, the House Education Committee in Washington overwhelmingly supported a bill that requires schools to notify parents when they use isolation booths.
“Most people feel like this is a bill that we should have in place,” said Rep. Monica Stonier, a Democrat from Clack County. “Because many districts and buildings already have policies like this in place, it’s not a shock to anybody that we want good communication between schools and families and that many of our districts have been working in that way for a long time.”
The law would also require schools to make a written report each time they use an isolation booth and then keep those files at each school. The bill's sponsors expect it to pass the full legislature and become law.
Candace Dawson, one of the parents who filed the lawsuit notice, said she’s glad lawmakers are taking some action, although she thinks there needs to be more oversight to make sure each school follows the law.
Salem, Ore. psychologist Tim Murphy co-authored a book about seclusion and restraint. He believes the proposed law alone isn't enough to ensure isolation booths won't be misused.
"I think a whole lot of work ought to be done on the front, enough to avoid using isolation rooms," Murphy said. "I really don't think they're helpful. I think alternatives ought to be worked out."
The Longview School District stopped using isolation booths at the end of November and dismantled the booth at Mint Valley Elementary School in December. They have since replaced it with a less-restrictive “isolation area” that includes a bean bag chair for children to sit on.
public schools wont be able to admit special need students. What do you do when a troubled child is having a melt down? The parents can't teleport onsite. You are making it harder on handicap parents.
Oh for cripes sake. It's enough that they've corrected the issue. I doubt the kids are traumatized and even if they are, how will money fix it? If they need paid counseling due to the exposure, so be it. But, to sue? Ugh, my support stops there.
@LipsÂ
Actually, these kids can be traumatized by it and it can set back gains that were made through therapy and such. Occupational therapy, sensory therapy, etc. for kids with conditions such as autism are quite expensive and usually not covered by insurance (insurance companies say autism is a learning disorder, not a medical one). When we looked, the starting rate was $250-500 for a 30 minute session, with a need for at least several a month.Â
The school is not going to pay for the sessions and such that they caused the students to need unless you get a lawyer and go after them. I learned that first hand when I was injured on a school bus due (driver's fault). We couldn't find anyone who would take on the schools (this was in the 90s), and as such the school didn't want to pay for anything. I ended up not getting the full treatment I needed and now I have limbs that go numb because my spinal cord gets pinched.
The problem is that there is NO discipline. Teachers and principals are forbidden and parents feel it's more important to be a child's friend than a parent. Bring back the paddle and 90% of these problems would be fixed yesterday. If your child is THAT "special" then he/she should be in a "special" class and not distracting normal students.
@ConspiratorÂ
This isn't about discipline. This is about medical/developmental issues that cause overloads because of things like sensory disorders. A paddle, spanking, grounding, etc. is not going to change an issue that stems from the brain. It's not things kids are doing by choice.
@Jenni S. @Conspirator If they have mental issues, things that can be helped with therapy, counseling, medicine, etc, then I'm all for it. But when kids are just misbehaving, disrespecting brats, then there's clearly a lack of discipline. Kids are going to act up naturally if their parents don't raise them to be respectful. It's human nature, and the answer isn't to send them to therapy, counselling or to med them up unless there's a real medical issue.
I'm 25 years old, no kids. But I was raised on the paddle and belt and I'm a firm believer in corporal punishment when necessary because it worked for me. And it worked for my brother, and my parents, and their parents.Â
Then again, this isolation booth idea is about as despicable a thing that I've ever heard. It is NOT up to the school district to discipline children. It is up to the parents. It's THEIR job, not the school's. If a child is acting up, then you call in the parents and have them deal with it. Or send them home. If a child of mine was thrown into one of these things, I'd have a field day with the school district.
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@Dr. Rawdog A small fridge filled with my favorite beer, a place to pee, and my Kindle Fire and I'd call it home for a while, might actually have some peace for once.
It must be the school's fault. Before you criticize the school, know what goes on, observe and then draw an opinion. What you see in movies about disruption in the classroon is not far fetched.
@diane stimson There's better ways to deal with it then to throw them in a padded room. How about letting the parents deal with the kid instead of throwing them in a padded room, out of sight out of mind?
Maybe these parents should observe their children "in action" in the classroom. The majority of resolution rooms are used in the correct manner (keeping other students and staff safe). Should these kids who have meltdowns be allowed to assault others in the classroom? Parents may allow that at home, but it is not allowed in schools. How about "I'm going to kill you" and other threats coming out of their mouths, should that be ok? Throwing objects at other people in the classroom, is that ok? This and more happens in these classrooms everyday, should any of it be allowed? When these parents are informed of the childs behavior it's not uncommon to hear "oh, this doesn't happen at home, what are you doing to upset my child."Â
@diane stimsonÂ
The issue is that the rooms being used are little more than padded closets. Schools around the country successfully use larger rooms that allow you to move about, lay down, etc. and give staff the ability to observe the student. These have only a peephole in them and essentially cut off a kid from nearly all sensory inputs. When you do that, the child may calm down from their overload, but then the get back to overload faster once they leave the room because of the radical difference between almost no sensory input and all the sensory input of a classroom.
We need Cascadia schools. I mean really everybody pays 35 bucks for rap and not mental
One thing to remember - lawsuits against schools are not always about money. Often times they are about changing a practice. I was once a witness in a case against a school. The amount the plaintiffs were asking for - $1. And that was only because they had to put a dollar amount on it. They were trying to get an illegal practice stopped.
@Jenni S. What were these illegal practices???
@my2cents @Jenni S.Â
If you mean the illegal practice in this story, by law the parents had to be notified of the use of the isolation room/booth and had to agree to it. This did not happen. As such, the school district broke the law.Â
@Jenni S. If the school has already changed the practice, then what does it matter?
@Sarbar @Jenni S. I can tell you from experience that changing the practice often times is only temporary. A lawsuit helps to ensure that it doesn't come back up.
There may also be some expenses related to the kids being put in there - such as additional therapy for a child - that was because of the school's actions.
But it doesn't mean that the parents are out to get rich. There are suits against schools all the time where the parents aren't asking for anything beyond any damages (or just the minimum required by law).
IMHO perhaps some of these parents needed to be put into isolation booths, or considered some other career rather than parenting! Schools are not parental substitutes! Feed and clothe the children you give birth to, and don't depend on schools to dicipline your priceless darlings just because you can't or won't! Â
@jpkÂ
This isn't about disciplining bad kids. These are for kids with issues such as autism, sensory disorders, etc. They have meltdowns, tantrums, etc. not because they want to act out, but because of an outstanding issue, such as sensory overload. The booths were being used to punish kids who acted out because of a medical/developmental issue.
So, what's your solution? Talking with them, or keeping them somewhere safe?
Jenni, I have no doubt from reading your posts and comments regarding this issue that you are deeply concerned about these children. No one really isn't concerned I am willing to bet. However, society has no real time to determine what will be a mental issue. Admittedly there will be mistakes made, but behavioral issues usually end up in jail until it is determined they need other interventions.
@jpk Why would they end up in a jail cell later in life? They'd be much more likely to be the person who lives alone in a small apartment and has very little contact with the outside world. These are kids with medical/developmental issues, not behavioral ones. They're not out to cause trouble or doing it intentionally.Â
When they get overloaded, their brains literally shut down to the most basic functions, with kids going into a fight or flight mode. Sometimes they may hide under a desk, refusing to come out or talk. Or they may topple their desk and swing out at those who try to touch them. To them, a minor touch could be like getting hit when they're overloaded. A sound you barely notice could be like a jackhammer a few feet away.
All children better get used to the real world. Is an isolation room now not better than a jail cell later in life? Are the children helped by parents telling them they are being punished? Do they know they are being punished? Or just being held accountable for their acting-out?
@jpkÂ
You can keep them somewhere safe, but it needs to be an appropriate place. These padded closets are not appropriate. Other school districts use spaces that are much more appropriate. At my daughter's school, it's about the size of an office. There is a window to see outside and a window that looks into the hallway. The room is basically empty, although there are items that could go in - like a bean bag chair, some stuffed animals, books, etc.
Some kids would just go in and lay down. Others may curl up in the quiet with a book or stuffed animal. Or just watch the birds outside. All of this allowed them to find a way to deal with their overload and handle it.Â
A member of the special education staff would be notified that a child headed to the room and they'd interact with the child to see what happened, how they could help, etc. Sometimes they just needed time to let their sensory overload cool down. Or maybe there was something in the room that was pushing them over - such as a smell, sound, etc. - that could be taken care of. It's handled in such a way that the child is not punished for an issue they can't help, but at the same time learn how to work with it so that incidents become fewer and far between.
Represented by "Sturgeon Law LLP" no doubt. Another no liability group of bottom feeders.Â
I like it. Take the isolation rooms out, and the second your kid starts acting up and becoming a threat to other students and staff you come pick your kid up and take care of that yourself.
@thatsjarrod2 The parents don't want the kids at home, that's why they usually send their kids to school sick. After having to pick them up once they would ignore the phone call the next time.
Sorry, that'll never happen. Some parents don't believe their priceless darling can ever do wrong!
""""""Parents consider lawsuit""""""
Sounds about right...... crummy parents looking to cash in on the legal system lottery.
@kramr You beat me to it. The parents better hope I'm not on the jury.
go figure...the parents of delinquent children are frivolous lawsuit filers. they'll probably show up to court wearing neck braces for some other pending lawsuit. no wonder their kids are out of control. the only trauma was their egos being beat down to where they should be
Bring back the dunce cap
@Bert Is that what they told you when you left school??
@uknow2 @Bert I requested one. but I was told I had to have a mortar board cap.
I have been traumatized back in school for having to face the corner.
Need to put the kids parents in the booth for not teaching your children right from wrong!
We wouldn't need the booths if the parents were doing their jobs instead of depending on the schools to do it for them. Â By suing, they are just admitting that they are not qualified to be parents and the kids should be removed from their homes. Â Of course the lawyers are lined up several deep. Â They can smell a big pay day coming. Â I hope they and their clients are very disappointed in the outcome.
"Now an attorney for the families has filed a âtort notice,â which is a legal notification that says they are exploring a lawsuit against the public school district."
If they've already retained counsel, it's safe to say that they are doing more than exploring a lawsuit. Taxpayers in the Longview area, prepare to see your tax-dollars go towards this group of 3 proud parents, and their lawyers, "Kids, the school district just funded your college fund!"
@pdxd    """"""Kids, the school district just funded your college fund!""""""
I agree with your post, I just wonder if the kids are college material.........
that is of course making the big assumption that the parents would actually be able to save the money till college.Â
Kramr. "college material"? They and their parents will never be, nor have been, I bet, college material. What the devil is "college material" anyway? What would the parents have wanted the school to do with their "priceless darling"? Would they accept the kid if he/she were wrapped in duct-tape with an attached note: "Return to Sender"? Now I guess I know why I never attempted teaching kids with my BS in Education! Good thing, I guess!Â
1) depends on the type of college/school, actually even if special needs, the kids could potentially be very productive in a particular field field
2) Ma & Pa would likely end up opening up one of those bikini coffee stands, with grandma as the barista, and lose the whole piggy bank
How about no isolation booths at all. It sends a bad message to young children. If your kid is so messed up he can't handle a day at school, then you've failed as a parent, and you should come pick him up within 60 minutes of a phone call from the administrator, or he's kicked out.
@browntown Unless you have experience with special needs children, you probably ought to do some research prior to commenting on this story.
@browntow Wish it was that simple. The schools are forced to deal with the kids until they act out in such a manner that crosses a certain line. As the school is also limited to only certain physical contact, they employ these rooms. I admit it looks a little draconian. Larger ones, with better ambiance would be fine as a place for a child to play out thier rage.Â
@browntown You missed the point these are special needs kids many with mental issues that no child left be forces to be mixed into the general school population. I know several people who babysit 1 sometimes 2 of these kids at a time. Some are mild and just need to be constantly directed others can act out can be terribly disruptive to everyone around them.
These are not just kids whose parents did a poor job...
Funny how their little snowflakes were so traumatized that they must sue, yet no one said a word about this until the picture came out.
Ohh yeah, go ahead and sue. Bet they were happy at this incident, first thing they probably thought was "easy money" -- so they had to play up their anger to make it look good.
Ofcourse they plan to sue, nothing says I love you like the lawsuit lottery.
The school should have known better and gotten written approval. It only takes a person with half a brain to realize how sue happy people in this country are. The school needed to take on a CYA policy.
@JTesla According to the previous stories on this, parents were required by law to be notified and approve the use of the isolation booth/room.
@Jenni S. Yes... CYA.
@JTesla Well, it is Longview, provided you didn't have a public affair with you sister, you could probably be elected head of the school board there. When I first saw the isolation room, I figured that they probably ought to have a window so you administrators from outside can view the child occasionally to ensure their safety/well-being. I'm not so sure if parents should be required to given written permission, I mean, do parents have to give permission for a ill-behaved child to be given a time-out, or given a citation or suspension? At what point would we draw a line as to what constitutes parental permission being required?