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$20M lawsuit

Claim: Disabled Children abused, mistreated at schools

Christian Finkbeiner | 8/8/2014, 3:41 p.m.

Students locked in classrooms, unattended.

A child left in urine-soaked clothes.

Bullying from teachers.

These are among the charges levied in a $20 million federal lawsuit against the state Department of Education, four school systems, several principals and schools.

The complaint alleges 20 mentally disabled children were grossly abused and neglected in and out of class.

Their parents claim in the suit that the abuses occurred in schools in Chesterfield, Henrico, Essex and Nottoway counties and accuse some of their teachers and administrators of the neglect.

Of the 20 children involved, eight are African-American boys and two are Latino.

The case filed in U.S. District Court in Richmond appears to be the biggest suit of its kind in Virginia in accusing schools of not properly educating students with disabilities. No trial date has yet been set.

“These problems have been undercover for too long,” Charlotte P. Hodges, the plaintiffs’ lead counsel, told the Free Press.

Henrico’s school system is promising to vigorously defend itself. The state and the other school systems have to yet to respond.

Ms. Hodges became involved in the case more than three years ago.

Originally, “I just humored (the parents),” the Midlothian-based attorney said, not believing the allegations of widespread abuse.

“But I always do my due diligence, so I called people, met with these families and was shocked.”

While disability is the main issue in this case, Ms. Hodges called race a collateral issue.

“If you look at the Henrico schools involved, all but one are in Eastern Henrico,” she said. “And if you know anything about Henrico County, you know that the eastern and western sections are two different worlds.”

Western Henrico public school students are overwhelmingly white, while Eastern Henrico schools have mostly minority students.

Parents in Eastern Henrico have long complained that their schools, other public facilities and services are substandard compared to the accommodations in the mostly white end of the county.

“It’s a case three years in the making,” said Ms. Hodges, a former state and federal prosecutor. “There are students who were in first grade when this started and will now be in fourth grade.

“It’s less about the money, and more about making sure this situation doesn’t continue for these students and doesn’t happen for future students.”

Specifically, the lawsuit alleges that the defendants failed to comply with the federal Individuals with Disabilities Act, along with Regulations Governing Special Education Programs for Children with Disabilities in Virginia.

It also claims the school systems failed to provide “free and appropriate public education” to the students in question.

Much of the lawsuit stems from Individualized Education Plans, which are put together for mentally and physically disabled students.

When a student has an academic or behavioral problem affecting his or her performance, a child study team is put together.

The team consists of a psychologist, a school administrator (principal or assistant principal), a social worker, a teacher and the child’s caregivers.

If specific speech problems are present, a speech-language pathologist is part of the team.

The child study team determines whether an IEP is necessary.

If so, an IEP team is organized, comprising an administrator, a classroom teacher, a special education teacher and the child’s caregivers.

Parents in the suit allege they were ignored in IEP meetings or “treated as children themselves,” Ms. Hodges said.

The lead plaintiff in the case is Noire Turton of Henrico County.

According to the suit, she is the mother of “K.T-J,” who has been diagnosed with autism. The complaint states the disability “significantly affects his verbal and nonverbal communication and social interaction.”

In the suit, Ms. Turton alleges that Moody Middle School Principal Arthur G. Raymond III failed to properly ensure that teachers and administrators adhered to her son’s IEP during the 2011-12 and 2012-13 school years.

She also claims her son was left in the school’s “sensory room” unattended for long periods of time.

A sensory room offers therapeutic equipment and activities for people with sensory processing difficulties, including autism.

The plaintiff further alleges that school officials “misplaced and/or destroyed” schoolwork that her son completed and then failed to give him credit for his work.

Heather and Oscar Gonzalez of Chesterfield County stated they had difficulty understanding IEP procedures due to language barriers. They wanted to bring an advocate with them to the IEP meetings, something that is allowed.

But Ms. Hodges said the couple could not use their preferred advocate because she had been banned from the Chesterfield and Henrico school systems.

“(Officials) threatened to arrest the advocate if she came to the school,” the attorney said. “And I saw the police waiting there.”

Plaintiffs Ashley and Steve Brackbill are the parents of “T.T.,” who attended Essex Intermediate School during the 2011-12 and 2012-13 school years. The Brackbills’ daughter, according to the suit, has been diagnosed with learning and emotional disabilities that affect her ability to learn and cause her extreme anxiety. She also has enuresis, an inability to control urination.

The suit alleges that two teachers harassed and taunted T.T. and, on one occasion, refused her access to the restroom.

Instead, the plaintiffs allege, T.T. was forced to stand in a classroom in urine-soaked clothing until the class ended.

Ms. Hodges filed an amended complaint in July, and the defendants have 21 days from the time they are served to respond.

So far, only Henrico County has responded, filing to dismiss the suit. Ms. Hodges said she expected the response.

The Henrico school system claims the lawsuit is premature because the plaintiffs have not exhausted all administrative procedures for the complaints.

Another Henrico motion to dismiss claims that a government entity such as a school system cannot be sued under the doctrine of sovereign immunity.

“We intend to vigorously oppose the lawsuit in court,” said Andy Jenks, a Henrico schools spokesman.

Daniel Grounard, superintendent of Nottoway schools; Julie Grimes, a spokeswoman for the state Department of Education; and Shawn Smith, a Chesterfield schools spokesman, said they do not comment on pending litigation.

The Essex County school system could not be reached for comment.

Attorney General Mark R. Herring has not yet filed a response on behalf of DOE, according to his office.

“The education and equal treatment for Virginia’s young people are important values for Attorney General Herring, especially when it comes to students with special needs,” spokesman Michael Kelly stated in response to a Free Press query.

Ms. Hodges suggested her plaintiffs’ complaints are merely the tip of the iceberg.

“It’s so egregious,” she said. “Through these last three years, I have worked with about 30 or 35 families in this case.

“But during that time, 40 or 50 more families of current or former students have gotten in touch with me, saying, ‘We had the same issues.’”