Parents were outraged to learn this “timeout” box was in a classroom at the St. Regis Mohawk elementary school in Akwasesne.
Chrissy Jacobs
ALBANY — The mother of a child who allegedly was confined in a “timeout” box at an elementary school has retained an attorney and is preparing to take legal action against the Salmon River Central School District, which is located in Franklin County near the Canadian border.
The impending legal action comes as a criminal investigation is ongoing and the district announced Wednesday it has appointed a new acting superintendent. That follows revelations last week that the Salmon River Central School District had three wooden “timeout” boxes with padded interiors in its elementary schools, according to Superintendent Stanley Harper, who was recently placed on “home duties” by the district’s Board of Education.
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Rhonda Garrow, the mother of a child allegedly held in a “timeout” box at his school, was interviewed by local police and said she believes criminal charges will be filed against “school administrators,” according to her attorney, Nicholas Marricco, a senior associate at Tully Rinckey PLLC.
Elizabeth Crawford, the Franklin County district attorney, said Wednesday she has been in “close contact” with the St. Regis Mohawk Tribal Police Department and the State Police.
But Trooper Brandi M. Ashley, a spokeswoman for State Police Troop B, said Wednesday their agency has not received a formal complaint and has no active investigation of the school district.
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“Currently, this matter is being addressed by the Tribal Police and the tribal community,” Brandi said.
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About 60% of the district’s students are Native American, and one of the schools where the timeout boxes were allegedly used sits on the St. Regis Mohawk Tribal Reservation. The tribal police department did not immediately respond to a request for comment.
Effective immediately, the district is being led by Franklin-Essex-Hamilton BOCES District Superintendent Dale Breault, who has stepped in as acting superintendent for the Salmon River Central School District. The school board’s reassignment of Harper to “home duties” remains in effect pending the outcome of the internal investigation. The district’s special education director, an elementary school principal, and an elementary school teacher were placed on administrative leave.
Last week, the district announced that it had hired a law firm to begin an investigation into the “timeout” boxes. On Wednesday, the district said that investigation “is now being led by” Franklin-Essex-Hamilton BOCES.
Marricco said their law firm is preparing to file a notice of claim against the district, the first step to initiating a lawsuit against a public agency in New York.
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“The claims made against the district are not just troubling, they are a direct violation of Ms. Garrow’s child’s rights,” he said. “We are ready to proceed to fully expose the unlawful actions that led to this troubling situation in the … school district and will fight for the rights of Ms. Garrow and her child and hopefully end this nonsensical practice.”
The interior of one of three “timeout” boxes allegedly used in the Salmon River Central School District to isolate students.
Chrissy Jacobs
Garrow is one of several parents who spoke at a fiery school board meeting last week and said that after speaking with their children, they believe they may have been held inside the boxes. The district said the boxes have since been removed from classrooms and disassembled.
Garrow told the board that she had learned that one of the boxes had been built for her autistic, nonverbal son.
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Marricco, her attorney, said an individualized education program document that had never been shown to Garrow indicated her son may have been placed in a “timeout” box last school year and this school year without her knowledge. He said she recently received a copy of the program document. He said that not showing her the program document or inviting her to meet with school officials to discuss it may violate federal laws governing special education programs for students.
The behavioral program referred to a “station” where the third grader might be “closed” into a space, Marricco said, quoting from the document. The document also indicated the school may have had a desk for completing school work inside the work station. Marricco said he believes the “station” described in the documents is one of the “timeout” boxes that were photographed and shared on social media.
“They were forcing him to eat his meals in the station,” Marrico said.
The school district did not respond to a request for comment about possible legal action by Garrow.
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Stanley Harper, superintendent of the Salmon River Central School District, spoke briefly at a recent school board meeting about the “timeout” boxes that were set up in the district’s elementary schools.
Sarah Konwahahawi Herne
The district held remote learning on two days last week “to ensure the safety of students and staff.” Classes are expected to resume in January.
Gov. Kathy Hochul subsequently called for the state Education Department to take “swift action to investigate and rectify this situation.”
“The reporting coming out of the Salmon River Central School District is highly disturbing and raises serious questions regarding the safety of children at this school,” Hochul said. “As a mom, I know firsthand the trust parents place in our schools, and the teachers and administrators who work with our children. School should be a place where every child is safe, respected and supported.”
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The state Education Department, which is an independent agency that does not fall under the governor’s authority, contacted the district Wednesday, directing it to immediately stop restraining students or placing them in “seclusion,” including using the wooden boxes. Education Department officials will visit the district this week “to confirm the removal of all boxes,” according to a letter obtained by the Times Union. The department said it would return later “to ensure alternative calming spaces are identified for students that comply with state regulations.”
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Earlier this month, after photos of a “timeout” box were posted on Facebook by a former school board member, enraged parents packed a school board meeting to demand the resignation of the superintendent and seek information about the boxes. Community members told the school board the boxes evoke painful memories of Native American residential and day schools, where past generations of their families were sent and where students were often subjected to severe abuse.
“The Board of Education extends its sincere apology to our students, families, and community members who have been deeply affected by the ongoing situation,” said board President Jason Brockway. “We understand that for many in our community this incident has reopened historical wounds and trauma connected to the mistreatment of Native (American) children. We hear you. We are humbled by the public response, and we feel the pain and fear expressed by our community.”
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Community members held signs during a fiery school board meeting this month involving the use of “timeout” boxes on students in the Salmon River Central School District.
Sarah Konwahahawi Herne
Marricco, the attorney for the parent whose child allegedly was placed in a “timeout” box, said he and his firm are continuing to try and determine the details of what went on.
“What happened here has gravely affected Rhonda and her child,” Marricco said. “By keeping her in the dark, (district officials) were able to get away with them placing a nonverbal child with autism in a wooden box as not only a form a discipline, but based on the records, that’s where he was eating his lunch. That’s where he was doing his classwork. This is an extremely horrific situation and we’re hoping this never happens again.”