Congressional hearing on seclusion and restraint

[peglem]

Here is the link, hope it works:
http://www.c-span.org/Watch/Media/2009/05/19/HP/A/18742/House+Education+and+Labor+Cmte+Hearing+on+Use+of+R estraint+in+Schools.aspx

This was mentioned briefly on the news yesterday, but it didn't get as much coverage as American Idol.:mad:

Thought you all might be interested.

[Kristen (ColeysMom)]

Peg I wasn't gonna watch this whole thing, knowing that I was goingt ohear horrible horrible things...I now want to know where that brain bleech is that Lauren was looking for the other day...but can't shut it off...still listening...but had to just say I LOVE this chairman!!!! HALLELUIAH!

Can't wait to hear Mili's reaction!!!!

[mrsjerome]

Like I said on the other thread saw this last night on Cspan TV. I couldn't shut it off either. Just couldn't believe the scope of this. This is more like what would have happened in Dicken's time but now??

Peg

Glad you found the link for this video of the hearing.

[Kristen (ColeysMom)]

WOW! pinch me, am I dreaming?!

I'm horrified, but somehow not surprised, very deeeeeeply saddened too...

I'm am surprised that congress is so oblivious to this though...and clearly they were based on their reaction. I'm shocked that it is THAT secrative, yet somehow it's discussed places like here as an accepted fact of school life...something that we just hope and pray we don't have to deal with directly...and then cry real HARD when we hear that it's happened again...I'm glad they saw and were just as frustrated and disturbed by the 'wall of silence' the 'untouchable' situation that exists...I guess I somehow thought they were untouchable because it was a federally 'approved' thing...obviously I was wrong & BOY am I glad for that.

I agree with all the process or systematic issues they raised...loss of certificates, why doesn't this fall under the jurisdiction of CPS, databases, checks & balances, etc etc.

I am bothered though, that there was not much discussion about the fact that these (in some cases) are criminal offenses, yet no discussion went to the fact that prosecution MUST take place...that NO ONE should be outside the law!!!!! ESPECIALLY those that are intrusted with and involved with the injury of a child!

I did love that they termed it torture! And didn't just use that word, but explained why it was appropriate...no we are NOT overreacting to the offensiveness or the inappropriateness of this horrific 'technique.'

And I'm sorry, probably a tangent, but in what warped world does a foster child's death become unchargable because the foster mom isn't allowed to file charges, waht?! Shouldn't the DA or someone have filed on her behalf or HELLO CPS...WTF! So I wasn't sure if that woman got away with it because no one filed charges or because she was 'untouchable'... Like if his mom filed what would have happened, ya know?

DYING for Mili's reaction...

[peglem]

And I'm sorry, probably a tangent, but in what warped world does a foster child's death become unchargable because the foster mom isn't allowed to file charges, waht?! Shouldn't the DA or someone have filed on her behalf or HELLO CPS...WTF! So I wasn't sure if that woman got away with it because no one filed charges or because she was 'untouchable'... Like if his mom filed what would have happened, ya know?

My understanding is that the DA decided not to file murder charges (for some reason that I can't even begin to grasp- the coroner ruled it a homicide!). An individual doesn't not file criminal charges (correct me if I'm wrong), Those have to be filed by the state. The foster mother could not bring civil charges, because the child was a ward of the state...she had no standing.

[Kristen (ColeysMom)]

I'm pretty sure a person can 'press charges'...isn't this how domestic abuser get 'away' with it over & over & over...

I can see how the civil situation would be the way you mentioned, that makes sense.

But I'm VERY confused about why the teacher (or ay of them for that matter) are somehow above the law...my god, abuse is one thing, trauma is terrible too, but MURDER? WTF!

This is confusing to me...how is it that sexual abuse IS enforceble but physical, mental, emotional and psychological abuse is not???? I just don't get it!

[peglem]

I'm pretty sure a person can 'press charges'...isn't this how domestic abuser get 'away' with it over & over & over...

But, I think that's because they need the testimony of the victim in that case, in order to prosecute....otherwise its a waste of time. Murder is considered a crime against the state.


This is confusing to me...how is it that sexual abuse IS enforceble but physical, mental, emotional and psychological abuse is not????

You make a great point! I wonder if that has anything to do with the fact that the prosecuted sexual abuse cases are usually involving nondisabled students. (Note, I said prosecuted cases!)

[mrsjerome]

I think a lot of this has to do with the administration in the schools trying to cover up and shelter these teachers from prosecution. The homicide would be difficult to prove in a court of law. If not enough reliable evidence witnesses and such, chances are the DA would have a hard time prosecuting cases like this in a criminal action. Remember right now in some states this restraint would not be against the law. All the teacher has to say is that he was a threat to her or the other students.

As far as sexual abuse I don’t think we have to be reminded of the sexual abuse that occurred in the Catholic Church and the years it took for this to come to the public’s attention. The church covered up transgressions and just sent these pedophile priests to other dioceses without properly informing the suspected abuse that occurred let alone notifying the authorities of these priest’s criminal acts.

What is coming to light and troubling is that some of these school administrators are following that same course of action. Now in the case of this particular teacher even though she was somehow miraculously removed from the Texas child abuse registry. When she secured employment in Virginia should there not have been a resume for her to fill out and references from her former employer. How this women was able to renew her license without a red flag popping up is beyond my comprehension.

[Kristen (ColeysMom)]

Pegs I think you may have a point with the witness idea but I don't think it's the whole picture. I heard a story once about an abuser who had charges filed against them by the state because of the excessive manpower that was exerted while the abused refused to press charges.

I think the offense needs to be against the entitiy that files the charges (or pressed charges). So I think it could be either the state or the family that presses charges in a murder.

I think, sadly, that MrsJ has it right.

I can double check though. I have a friend (actually Coley's godmom) who is a clerk magistrate. I'm curious, so I'll let you know.

I agree with you MrsJ on the whole 'cover-up' thing, my question was more about the whole process...like why is it that the state, the feds, can levy sanctions for sexual abusers, but not any other abuse...that baffles the mind...like Mrs Price mentioned! How in the world these people are so untouchable....crazy!

[roadracer]

I'm pretty sure a person can 'press charges'...isn't this how domestic abuser get 'away' with it over & over & over...

I can see how the civil situation would be the way you mentioned, that makes sense.

But I'm VERY confused about why the teacher (or ay of them for that matter) are somehow above the law...my god, abuse is one thing, trauma is terrible too, but MURDER? WTF!

This is confusing to me...how is it that sexual abuse IS enforceble but physical, mental, emotional and psychological abuse is not???? I just don't get it!

well they turn a blind eye to the sexual abuse also. Dont want to scare anymore parents, but there are teachers, special education teachers who get the job just to be with the type of kids they like to sexualy abuse. I know this, I once had a teacher who would get his 7th grade sped students drunk then violently rape them. The school covered it up (for whatever reason) and this ended up going on for many years, and who knows how many kids. I know the school covered it up because when he said sexual things to ME and tried to do things the school said I was lying and told my mom I was lying and tried to kick me out of school. FINALLY a few yeas ago they finally caught the guy but because his brother is a judge and everything, he only got 1, yes ONE year in jail, talk about a slap on the wrist. AND get this, he is registered as a sexually violent criminal, but they let him buy a house across the street from the school, where he is still living, and can watch the students from his windows. Now this guy gets away with it because the system has gone to hell, and I dont have any faith in it at all. But if the students would have been regular kids with rich parents you bet ya that they would have pored there money into it and the guy would still be in jail. In situations like this the rich get to buy what they want and it is the poor who have no choice but to suffer.

[Aspigander]

FINALLY a few yeas ago they finally caught the guy but because his brother is a judge and everything, he only got 1, yes ONE year in jail, talk about a slap on the wrist.

Wow. Just wow. They allowed a relative of this guy to preside over the case? That's just...wow. Aren't they supposed to assign judges who can remain impartial?

[roadracer]

Wow. Just wow. They allowed a relative of this guy to preside over the case? That's just...wow. Aren't they supposed to assign judges who can remain impartial?

actually I dont know if he was the judge or not, I just know that he is a judge at the same court house that the trial was at. It really wouldnt supris me if he was the judge, but does it really matter if all the judges are friends and one of them is the judge on the case. I really dont know how these things work, I just know what the outcome was/is.
That is not the only reason I dont have faith in the system. The women who murderd my uncle, who admited it to us and told us how she did it, hell, the police wouldnt even arrest her, so she got away with it, the police said her admition to us was not enough evidence to even talk to her, what crap. I know what the real reason why nothing was done, but shouldnt really say because it has to do with corupt cops.

It doesnt suprise me about the school system, and I think it is something that will take way WAY to many years for it to change, if it changes at all and just dosnt get worse. All you have to do is look at the rate of violence in schools and how it has steadly increased over the years to see the real picture. The more violence, the more power the teachers will get to try to control it. I remember something in the news not to long ago about a area or somewhere that wanted to alow teachers to carry hand guns? That is one example of where things are leading, teachers with guns having shootouts with the students?

[roadracer]

This is the future of the school system
http://www.foxnews.com/story/0,2933,404721,00.html

[Kristen (ColeysMom)]

That pretty much lines up with everything else we heard about Texas yesterday...and now Bush makes sense too!

[Kristen (ColeysMom)]

Well I finally talked to my friend. Not that she really shed anymore light on this...

Pegs, you are right, as far as murder/homicide goes, the state files charges...not an individual...because it's a felony.

She obviously doesn't know about the specifc case, nor the specific TX system, so could only guess that either the 'wall of silence' had something to do with the ability to prosecute, or there is something more going on.

It's still pathetic, but just wanted to close the loop on the question. The disgusting woman literally got away with murder! AND she gets to keep her teaching certificate...:(:mad:

I hope she fries in he!!