An Olathe mother of a boy who has autism has lost her case against the city’s school district.
The use of a safe or seclusion room for Toni Donahue's 10-year-old son, Drake, is at the center of her complaints.
"I relied on the integrity of the state to take the evidence I presented them, which was enough evidence to prove every allegation I made,” Donahue said.
She was so concerned she pulled Drake out of school in October.
School administrators said the seclusion room is only used when students are a danger to others or themselves.
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Recently, the Kansas Department of Education ruled a series of 16 complaints Donahue filed, claiming Drake’s rights were violated, were unfounded.
Olathe Public Schools’ leaders declined comment.
However, before that ruling, Olathe Schools Assistant Superintendent Erin Dugan commented about Donahue’s complaints.
“They’re inaccurate, every single one of them,” Dugan said. “They’re unfounded, they’re unfair to an amazing teacher.”
Shane Houston told 41 Action News he went down a similar path of filing a complaint against Blue Valley Schools for the use of a seclusion room for his son Noah who has autism.
Houston said Noah was placed in seclusion 60 times in a two-year period, sometimes up to two hours at a time. Because he’d become so disturbed, he’d take off all his clothes and urinate.
Houston said based on school policy, no one could touch Noah while he had his clothes off, so he could sit in seclusion until he re-dressed.
"They treated my son like he wasn’t a human being; they treated him like he was a little caged animal,” said Houston.
Now Noah is going to school in Nebraska where Shane said in a matter of a few months he’s caught up to his peers in his schoolwork without a single seclusion room use.
"All he needed was a fresh start,” Houston said. “All he needed was a new school and all he needed was a place where he got his dignity back.”
A statement from Blue Valley Schools notes parents can request an investigation if they feel the district acted in error. The statement reads:
Blue Valley maintains safe rooms in several of our schools for emergency use when a student’s behavior presents an immediate physical danger to self or others and other interventions were not effective. The district follows all state statutes, regulations and Blue Valley Board of Education policies regarding the use of Emergency Safety Interventions. Board policies include a process to request an investigation if parents feel the district acted in error. We encourage families with questions or concerns about their child to visit directly with the teacher or principal so that we can resolve the concerns and maintain a safe environment for all students.
"There’s nothing you can do,” said Houston. “It’s like they can do whatever they want, they have all the power, they’re not accountable for anything.”
A 2014 U.S. Senate committee report on seclusion and restraint in schools agreed.
The report concludes parents have a hard time winning cases against school systems, “even in clear cases of abuse.”
As a result, the report said parents are often forced to remove their children from school to avoid seclusion.
While the Kansas Department of Education didn’t find in Donahue’s favor, it did outline some corrective actions for Olathe Public Schools, including a new individualized education plan for Drake.
However Donahue has no plans to send Drake back to school, but she does plan to appeal the ruling.
"Most parents fall by the wayside because it’s too difficult, but not this one,” Donahue said. “I'm going to see this one all the way through.”
Both Donahue and Houston said one major problem with the use of seclusion rooms is there’s no camera to record what’s happening, including the events leading up to the seclusion room use.
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Andy Alcock can be reached at anderson.alcock@kshb.com.
