A Detroit teacher is accused of chaining a nonverbal student inside a chest-high box as a form of corporal punishment that led to bruises and suffering.
The law firm of a high-profile attorney filed a lawsuit in Wayne County Circuit Court on Wednesday on behalf of the mother of a 20-year-old special-education student at Drew Transition Center last fall. The girl cannot speak.
The lawsuit accuses the teacher of chaining the special needs student in the box Oct. 7, causing the student to panic and topple the box over on top of herself. The student sustained bruises, according to the lawsuit. The school's principal, as well as the Detroit Public Schools are accused of gross negligence for allegedly allowing the box to be used on students.
She's nonverbal, so it's not like she could've said anything to deserve it or said anything to complain against it. It's corporal punishment, and it's against the law.
Drew Transition Center is a post-secondary vocational center for special-needs students ages 20-26 and cares for severely impaired students.
The teacher denied the allegations Friday and called the lawsuit a complete fabrication.
She said the box -- called a standing box -- is used to protect students from hurting themselves and others. A student stands inside the box up to the chest and a door closes to keep him or her inside. The girl was placed into the box for 10 minutes Oct. 7 because she spat and threw mucus on others -- a routine behavior of hers.
The teacher said she and three teacher's aides were in the classroom with 14 students at the time. Prior to using the box, she tried to soothe the girl with music, but the student broke the equipment. She said the box has no chain. The teacher asserts that it was for her protection. Nothing toppled over. She was not in a situation of neglect.
State law allows school staff to use reasonable force to protect children from harming themselves or others. But the problem is separating intervention from abuse, say Grand Rapids Civil Rights Lawyers.
In 2009, a bill to restrict the use of seclusion and restraints in schools to emergency situations died in the Legislature. School districts can do things that parents would be arrested for doing.
However, teachers should be trained on how to intervene and should have the supports they need to eliminate the behaviors before they escalate.
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