Students with special needs put in ‘abusive’ restraints, seclusion at Concord school, lawsuit alleges

CONCORD — The families of four children with disabilities have filed a lawsuit against the Floyd I. Marchus School alleging its teachers and staff restrained students in an “illegal and abusive” way.

According to the lawsuit, filed this week in Contra Costa County, four elementary-age students were repeatedly put in “abusive” and “dangerous” restraints. The students were thrown against the wall or “pressed into the floor” and routinely put in isolation as a form of punishment, the suit alleges.

In one case, a student was restrained by five adult staff members in what the lawsuit called a “floor restraint” that involved two adults holding each leg, even as several staff members said the restraint was “problematic.” One staff member refused to release her and increased pressure as she yelled that it was hurting her, according to the lawsuit.

“The principal was so disturbed by these events that he experienced a panic attack and 911 was called,” the lawsuit stated.

Another student was “cowering in a corner” when she was picked up and thrown against a wall by staff, who pulled her legs apart and bent her head toward the floor in a hold that was apparently a punishment for throwing a half-empty water bottle near a Marchus staff member, according to the lawsuit.

“Marchus’s staff continued the restraint, even though Kerri K. repeatedly exclaimed that she was in pain and could not breathe,” the lawsuit said.

A different student was sent to a “support room” for two hours for “disrupting” the class and being “disrespectful” and “non-compliant.” That student was forced to write “I will follow directions” 100 times — a particular challenge for her as she suffers from dysgraphia, according to the suit.

The school, known locally as the Marchus school, has about 85 students currently in elementary, middle and high school grades, most of whom have emotional or behavioral needs and are referred to the school from 16 school districts in the county. The school is overseen by the Contra Costa County Office of Education.

The principal of the school, Matt Bennett, did not immediately answer requests for comment.

Terry Koehne, a spokesman for the county office of education, would not comment specifically on the lawsuit’s allegations but said that teachers and staff there are “extensively” trained under the Crisis Prevention Institute about what types of physical contact they can and cannot use with students and have been aware of recent changes in the law that calls for restraint to be used only in emergency situations, such as if a student is causing harm to his or herself or others.

“Our staff members are extremely committed to providing the best care for our students and are trained extensively on how to decide the with the intense behavioral and emotional support needs of our students,” Koehne said.

The lawsuit also claims that Marchus has failed to properly assess students for learning disabilities and provide the proper individual support.

Koehne said that all students are given an assessment and given an education plan and support in accordance with their individualized plan.

In addition to the complaints by the four students, the lawsuit alleges that Marchus has not accurately reported many of its behavioral interventions, including restraints or seclusion of students.

“Marchus prioritizes behavioral compliance, which creates a traumatic educational environment for those students who attend Marchus, all of whom have been identified as students with disabilities and are subjected to abusive, trauma-inducing, and punitive behavioral interventions,” the lawsuit states. “The trauma Marchus students have suffered prevents them from learning and otherwise engaging in their education. And every minute that Marchus restrains or secludes students is a minute that Marchus denies the students access to the classroom and learning.”

The Disability Rights Education and Defense Fund, along with pro-bono firm Public Counsel, are representing the families in the lawsuit, which was also filed against the state of California and the Contra Costa County Office of Education and Board of Education.

The lawsuit alleges the state failed in its capacity to oversee appropriate practices at the school. In what DREDF has called the first class action brought in California state court against the use of restraints and seclusion under California law, the complaint seeks declaratory and injunctive relief, as well as compensatory relief the physical and emotional harm suffered by the four students, as well as statutory damages under the Unruh Civil Rights Act and Tom Bane Civil Rights Act.

A 2014 report from the U.S. Department of Education found that students with disabilities made up more than half of the students placed in seclusion nationwide and 75 percent of those were subjected to physical restraint. A report from the U.S. Government Accountability Office in 2009 found at least 20 cases across the country in which restrained kids ended up dying

The U.S. Department of Education early this year announced it’s launching an initiative to address “inappropriate” restraint and seclusion at schools. With the Office of Civil Rights and Office of Special Education and Rehabilitative Services, that initiative includes reviewing the use of restraint and seclusion of children with disabilities at public schools, collecting data and providing education to public schools about the use of restraints and seclusion on students.