Duckbill vandalism
Celebration of Honor
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Second parent alleges abuse against LCSD CASSIE RUUD cruud@countrymedia.net
In response to a lawsuit filed against the Lincoln County School District on Aug. 30 which alleges that Taft Elementary confined a nonverbal student with Down syndrome to a “seclusion room� for the majority of the 2014-15 school year, a second parent has come forward alleging similar abuse. The official complaint for the Aug. 30 suit alleges that the student lost approximately one educational year and his rights to equal public education were infringed upon. On Monday, The News Guard received further information from attorney William Smith—who represents the first student and his mother Lynne Mason—alleging abuse by LCSD of a second special education student at Taft Elementary. “Ashley Ballentine, the mother of 10-year-old special education student at Taft Elementary alleges her daughter was confined to a closet-sized room numerous times during the 2015-2016 school year despite the mother’s objections,� the press release read. Smith wrote that he sent a Tort Claim Notice to Taft Elementary on Monday, which alleges that Ballentine’s daughter was allegedly put into the seclusion room when she had to use the restroom and allegedly wet herself as a result. Smith said he hopes that the alleged pattern of abuse is not wide spread, but encourages parents to come forward if there have been other instances of alleged abuse. According to the district’s policy and procedure forms, the LCSD allows for restraint and seclusion of students, provided the student’s behavior poses a reasonable threat of imminent, serious, bodily injury to the student or to others. The forms define “seclusion� as the involuntary confinement of a student alone in a room from which the student is physically pre-
vented from leaving. LCSD Human Resources Director Michael Morgan said that there are a variety of reasons why a student, in general, would be secluded or restrained. “It can happen if a child is getting out of hand, having a fit,� he said. “I once dealt with an issue where a student was screaming and throwing food in the lunch room and after going through our process of trying to talk the student down, give them space, bringing other people in so the student knows there are people willing to PHOTO BY JACK SEAGROVE help—if it’s still not Scouts of Troop 47, (from left) Daniel Kemph. Joe Russo, Thayer Krantz and Jason Miranda, loading effective we may use collected flags into the Kiwanis Club storage container after Patriots Day, Sept. 11. Lincoln City’s Scout restraint to take the student to the office or Troop 47, has been working with the Kiwanis Club to support the “The Parade of Flags� program, where a counselor.� flags are put up on eight patriotic holidays through the year from the north end of Lincoln City to Taft. Morgan explained that seclusion is more reserved “under the “Most of all, I want them to take the district responds.� will be conducted in addition to a auspices of special education.� Although LCSD could not it seriously,� Mason said. “They documented debriefing meeting. “It tends to be more a part of comment on the lawsuit or its keep getting in minor trouble for Smith said, “To use seclusion, their behavior management plan,� there needs to be a threat of imallegations, Morgan re-clarified the harm they do, time and again, he said. “The plan would have minent, serious bodily injury to the and they don’t change their practic- the process and reasoning behind already been developed previously. student or others. I suppose this es. More kids get hurt. I want them seclusion and restraint and said the It’s very individualized. The team, to get into enough trouble that they district’s next steps going forward would be what they are calling an along with the parent, determines would involve continuing to train take it seriously and change.� emergency. There cannot however what that looks like. In that case, a staff “in the best response to agSmith said the next steps for be any excuse for long-term seclustudent may be put into a confined sion as was the case with my client. both Mason and Ballentine’s cases gressive behaviors and enforcing room without the door locked so our policy.� Nor, could it be used in any IEP un- would depend on the school disthey can mellow out.� “We will continue to assure our less there was a threat of imminent, trict. Morgan said there is a clearly processes are used consistently and “The next step in the Mason serious bodily injury, as that would defined process for how and why accurately which includes commucase is waiting for the school to be a violation of the law.� staff may restrain or place a student nication with parents; and helping respond to the lawsuit,� he said. Mason weighed in on the disin a seclusion room. a student understand their actions “At that time we can begin discovtrict’s use and reasoning of secluThe general guidelines for use with the use of counseling/instrucery, which will include gathering sion rooms. of restraint and seclusion state that tion on how to react differently in records and taking depositions of “The seclusion room is way the parent of the student will be the future,� Morgan said. “We are the principal people involved. In overused at Taft,� she said. “They provided with a notification by the use it when they don’t know what very sensitive to this issue and use the case involving Ms. Ballentine’s school (by the end of day on which to do with a student.� seclusion as a process of de-escaladaughter, we will allow the district the incident occurred), receive and the state board of education to tion, not behavioral management.� Mason said her goal with this written documentation of the inci- lawsuit is to raise awareness and respond to the Tort Claim Notice, dent (within 24 hours) and followThe News Guard will continue change the way the district handles then if necessary file a lawsuit. No ing this a district incident report hard and fast dates can be set until to follow this story as it develops. situations like this.
Duckbill vandals face fines up to $435
VOL. 89 | NO. 36
state park vandalism is rare, but vandals are motivated by The Oregon State Police, different goals. Tillamook County District “Some are simply perAttorney’s office and the suaded to damage public Oregon Parks and Recreation property because of group Department are leading the pressures or because deinvestigation into vandalism struction serves some inner of a natural rock formation at need,� he said. “It’s pretty Cape Kiwanda State Natural hard to prevent that kind of Area. mischief.� The investigation will When it comes to predetermine how to pursue venting future vandalism, possible violations of state Havel said the most successpark rules and Oregon laws ful ways are to spread awarein response to video showing ness and education—and the visitors to the park pushing outrage over the vandalism the landmark sandstone fea- to the duckbill has been acture, known as the duckbill, complishing some of that. to the ground in August. The “It’d be overly optimistic State Police will be working to think we can prevent all in close concert with the vandalism, but information, Oregon Parks and Recreation on-site staff, and people talkDepartment and the Tiling about this kind of story lamook District Attorney’s all help,� Havel said. “Staff office. and signs cost money, and Chris Havel of the OPRD since we’re not a tax-funded said the vandals could face agency, we’re not always able temporary banning from the to fund everything that depark and/or a fine of upserves support. That’s where wards of $435 depending on we need people to step up the circumstances. and help out. When friends Havel said that major share their collective outrage THE NEWS GUARD
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The Duckbill, shown here in its original form, was a fixture of the Cape Kiwanda Natural Area.
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over this kind of damage, they are really saying to themselves, ‘that’s not the way to use a park. Visit it, love it, and protect it. Repeat.’ That attitude prevents the idea of vandalism from even forming.� The Oregon Parks and Recreation Department and COURTESY PHOTOS Oregon State The Duckbill after being pushed over by vandals who were caught on Police extend video. They claimed their friend had broken his leg on the Duckbill and their thanks they were doing Oregon a favor. and gratitude to people who have already come forward, however there is no new information about the people captured in the video at this time.
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