Stating my opinion

After speaking with an attorney about the definitions of Libel and Slander, I'm now comfortable stating my opinion about the assault that happened against Angela in November, 2007.

After a police investigation conducted by the Eagan Police Department, and an investigation conducted by the Minnesota Department of Education, it was found that Lynn Marie Boker Schultz, while working as a substitute paraprofessional for district ***, committed an act of malicious Maltreatment against my daughter.

It is my opinion, that Lynn Marie Boker Schultz has no business working with students or vulnerable individuals in ANY capacity. She has demonstrated that she does not have the self control necessary needed to work with individuals who can often be unpredictable, and who are often not able to speak up for themselves to report that something might have happened to them, and who cannot physically defend themselves. It is my opinion, that if Lynn Marie Boker Schultz will assault a child in front of a classroom full of students, she has no self control. It is also my opinion that putting a student who cannot speak for themselves, behind closed doors, in the care of Lynn Marie Boker Schultz is putting the vulnerable individual at great risk of harm.

Student Assault in MN

If you're in MN, and saw the WCCO news last night, I'm sure you were as appalled as I was! If you didn't see it, go here, and find the video that says, "Family of Abused Special Needs Child Wants Answers. Then come back here and read some more.....

If you're a long time reader, you may remember these posts I made, when Angela was assaulted at school by a substitute classroom aid.

Because of the attitude of Dakota County Attorney on the case at the time, (and, quite frankly, she was a bully!) I eventually let the case drop. I wasn't even allowed to have a copy of the police report, where it's stated that the staff person admitted to the assault. Believe me, I was fuming!

Because I couldn't (was basically threatened by the county attorney that if I did, the case would turn against Angela) that staff person is able to work in any other school district in the state, and nothing will show up on a background check. Because she's not lisenced staff, when records are check at the State Department of Education, nothing will show up there either. It doesn't even matter that the investigation done by the State. Dept. of Ed found the staff person did indeed commit malicious maltreatment against Angela.

Finally, I just put it all behind us....

Fast forward to last night's news report about little Kyle. It only took me a few minutes to find his mom online, and to email the news reporter who did the report. I heard back from them this morning. The news investigator wanted more information about our case, which I gave her. She also wanted the name of the person who assaulted Angela.

Way back 2 years ago, I had to beg and plead to get the name of the person who hurt my child. School couldn't give it to me. The police department couldn't give it to me, but said it was included in the police report, but the county attorney (you know, the bully?) needed to approve my access to the police report. Finally, I called the county attorney's office one day about a question I had. The person I needed to talk to was on her lunch break, and there was someone else watching the desk. From the brief moment I talked to her, she didn't sound like she knew procedures very well, so I asked her, "I need the name off the case #...file#....My daughter (insert Angela's full name) is the child in the case." She put me on hold and a minute later came back and gave me the name of the woman! HA!

At the time, I was leery about posting the name on my blog, because I was waiting for the report from the Department of Education. By the time that came (2 months later) I just wanted to be done with everything.

So today, when the news investigator asked me for it, I couldn't remember it! The woman had a hyphenated name, and school knew her by one name, and her friends by another, which I thought was strange! I could remember part of it, but not the whole thing. I sent all the information I had, and told her I'd get back to her with the staff person's name.

I went into my office, the one I haven't used in over a year, and stared at my desk. I could picture a TINY piece of paper with the name and a couple other things scratched on it. Looking at my desk, I knew my chanced of finding it were slim to none. I opened a couple drawers, and shuffled some things around, and then I remembered, about a year ago, contemplating throwing it away because I didn't really need it anymore. So I sat on my office chair, closed my eyes, and prayed: "Lord, I wanted to let this go. And yet, this person is still working with these kids, in a position where someone could really get hurt. Please Lord, if I NEED this information now, help me find it."

I opened my eyes, opened the drawer in front of me, and there was the TINY scrap of paper, right ON TOP! It had the person's name, and all the case and file numbers I needed to re-access all the information. I was quick to send the information to the reporter, and then questions started to fill my head....

I have the person's name. During the police investigation, after MUCH questioning and lying, she finally admitted to hurting Angela. She was found to have maltreated Angela in the investigation conducted by the State Department of Education. While she will never work in OUR district again, I have been told by someone who knows her that she IS working in another district in the area, in the same capacity.

I have had a lot of parents contact me in the past 24 hrs, worried that she is working with their kids. I don't blame them. I'd want to know too. So, watch for an upcoming post!

Response from the Department of Education

2 1/2 months.

Because of the holidays, it took nearly 2 weeks to complete the investigation, and two full months for me to get the report from the Minnesota Department of Education, Division of Maltreatment. Things take time.....I know...it's hard to be patient. Please not that any highlighted text is mine, and was not included in the report.

So the report starts out with lots of explanatory stuff, including the definition of maltreatment.

Minn. Stat. 626.556, Subd. 2(g),physical abuse

• Physical abuse means any physical injury, mental injury or threatened injury inflicted by a person responsible for the child's care on a child other than by accidental means, or any physical or mental injury that cannot reasonably be explained by the child's history of injuries or any aversive or deprivation procedures, or regulated interventions, that have not been authorized under section 121A.67.
• Corporal punishment means conduct involving hitting or spanking a person with our without an object or unreasonable physical force that causes bodily harm or substantial emotional harm and is not allowed to reform or penalize student conduct.
  

Summary of Findings

1. The eleven year old student has Down Syndrome. She participates in mainstream education with support from paraprofessionals.
2. The Student's parent reported that the student is hearing impaired has conduct disorder, and difficulty with her attention span.
3. There were no reports of injury to the student as a result of the incident.
4. The Student was not interviewed because of her developmental delays and because she had been asked about the incident on several occasions.
5. School officials became aware of the incident when the Student's classmates were overheard talking about it.
6. The Student and several other students told school officials that the paraprofessional had slapped the student's face after the student had slapped the paraprofessional.
7. The paraprofessional was interviewed by school officials and denied that she had slapped the student.
8. The MDE investigator and the police interviewed five students. Two of the five students who were interviewed did not see the incident.
9. Witness 1 reported that the student's classroom of students were lined up to go to the art room.
   
10. Witness 1 heard a slap and then saw the paraprofessional slap the student. Witness 1 described the contact as "really hard" and reported that the paraprofessional used the palm of her hand to slap the student's cheek.
11. Witness 1 reported that after the student was slapped she cried.
12. Witness 1 is "absolutely sure" she saw the paraprofessional slap the student in the face.
13. Witness 2 reported that the student was mad and hit the paraprofessional. Witness 2 reported that she saw the paraprofessional slap the student's face.
14. Witness 2 reported that she heard the slap which sounded like hands clapping and then heard the student saw, "Owe."
15. Witness 3 reported that the student was angry. Witness 3 reported that the paraprofessional slapped the student with an open hand. Witness 3 reported that he could also hear the sound of the slap.
16. Witness 4, a school employee, did not see the incident but heard several students talking about how the paraprofessional had slapped the student.
17. Witness 4 reported that the student told her that the paraprofessional had hit her.
18. Witness 4 reported to her supervisor that the student told told her the paraprofessional had slapped her in the face.
19. The paraprofessional was interviewed by the school's officials after the incident.
20. The paraprofessional reported that the student had slapped her. The paraprofessional did not report to school officials that she had slapped the student.
21. The paraprofessional was interviewed by the police and the MDE investigator on December 4, 2007.
22. The paraprofessional reported that on the day of the incident the student was presenting some challenging behaviors which was not unusual for the student.
23. The paraprofessional reported that the student had slapped her face twice. The paraprofessional responded by informing the student that her behavior was inappropriate.
24. The paraprofessional did not immediately report to the police and MDE investigator that she had slapped the student.
25. When the paraprofessional was informed that several witnesses saw her slap the student, she reported that she had touched the student's cheek but not hard enough to be regarded as a slap.
    
26. The paraprofessional later admitted that she had probably slapped the student reflexively but not intentionally.
27. The paraprofessional reported that she was not angry or irritated with the student.
28. The paraprofessional reported that she had not admitted this to school officials because she was overwhelmed by feelings of embarrassment, shock, and guilt.
29. The paraprofessional reported that she knew that hitting students was prohibited.

Determination

1. It is the determination of the Minnesota Department of Education that there was no maltreatment on the part of the facility ......................................pursuant to Minn. stat. 626.556
2. It is the determination of the Minnesota Department of Education there is a preponderance of evidence to show that maltreatment occurred on the part of the paraprofessional for the following reasons.

a. Corporal punishment means conduct involving hitting or spanking a person with or without an object or unreasonable physical force that causes bodily harm or substantial emotional harm and is not allowed to reform or penalize student conduct.
b. There are eyewitnesses accounts from the student and three witnesses that the paraprofessional slapped the student.
c. The paraprofessional did not admit to school officials that she slapped the student. However, when she was interviewed by the police and the MDE investigator she reported that she had slapped the student reflexively.
d. Therefore, there is a preponderance of evidence that physical abuse in the form of corporal punishment occurred on the part of the paraprofessional as defined in Minn. Stat. 626.556 Subd. 2(g)


So, I have lots of questions for the county attorney. You know, the one who told me, "maybe it's about time someone tells her (Angela) it's not ok to act this way." and that "The paraprofessional acted in self defense." which is one of the reasons they're not going to pursue prosecution.

Well, in this report the para never says anything about "self defense", she says she acted "reflexively". There is a BIG DIFFERENCE between the two!!!! In a situation of self defense a para could have a) blocked the blow from Angela b) pushed her away or c) moved away from her. This person didn't do any of those things. Instead she reacted, striking back.

There are those reading who feel that I don't put enough blame on Angela, including the county attorney. I have countless assessments and reports from various professionals (psychologists, behavioral specialists, and medical staff) that all state that not only is Angela not capable of impulse control, but that she also does not think in terms of "If I do X, I'm going to get into trouble." She is also not able to connect a consequence to what she's done after about 30 seconds. In other words, doing things like suspending her for misbehavior would serve no purpose, because she is not able to connect that this punishment is for something that happened yesterday or many days prior. She's not even able to connect these things on more immediate basis, such as time outs. Clearly, she is a difficult child to deal with at times. I know...I live with her...I spend hours out of every day trying to think ahead at the next transition or request I'm going to be making of her, and how I'm going to handle the fall-out...all BEFORE it actually happens.

People in a caregiver position have no business being there if they're not able to display some self control. It is not easy working with a student who presents the behavioral challenges that Angela does. Every staff person who works with her knows how difficult she is, including this particular substitute who had worked with her many times over the past 3 years that Angela has been in this school. Every staff person has the right to say, "I'm sorry, but working with this student is beyond my skills and training." and SHOULD say so, to avoid this very type of situation.

As things stand now, there is nothing preventing this person from working in another district. Never mind that she lied to investigators. Never mind that she admitted to acting reflexively. Never mind that she works with vulnerable students who cannot defend themselves. This WILL happen AGAIN...it's only a matter of time. Next time it might be YOUR child. What will you do about it? Will you go to every news station in the city as I have? Not a single one has returned my calls. Will you file a civil suit? Good luck...in Minnesota you won't be able to. You won't even be able to get copy of the police report about the incident. No...because you might use the information in a malicious manner. Apparently I'm not allowed to defend my child, so yours may be the one to suffer next.

The Defendant's Name

It has taken me nearly two months to get more information about the assault against Angela that happened at school. Can you believe I STILL don't have a copy of the police report?

Anyway, on November 21st, 2007 Angela was physically assaulted by substitute paraprofessional "L.M.B.S," (full name to be posted later.) (AKA "M.B " (a derivative of her full-name) who later admitted to the act.

I am still waiting to find out weather or not the county attorney intends to prosecute this case. Of course, I still have all kinds of questions. Unfortunately, until I have a copy of the report in my hand, and know the intentions of the Dakota Couny Attorney, there is nothing I can do.

Admission of Guilt

The police detective investigating the case with Angela called me this
morning. The substitute para who slapped her across the face at school
admitted it!

The timing of events is very interesting.

The detective called me this morning around 11:00. At 11:30 I got a call
from one of the other moms in the class. I'd talked to her last week to see
if her daughter had mentioned seeing anything, and she was just getting back to me.
Her daughter said she didn't SEE the slap, she just HEARD IT (from several
feet away she heard skin on skin...), but her friend sitting next to her SAW
IT and said, "Oh my god! "M" just hit Angela in the face!"

I'm waiting for a call from the friend who SAW it. I'm so disturbed that not
only did this happen to Angela, but the fact other kids saw it and the
myriad of things that could be going through their minds.

I was told that the police report will be sent to the city (or was it
county) attorney for review to see if they will prosecute. Even if they do,
this falls under "malicious punishment" which is a misdemeanor, which WILL
NOT SHOW UP ON A BACKGROUND CHECK should she apply for a job in another
district. Is this insane or what?????

Believe me, I'm not done with this. I'm just not exactly sure what's next.
There are so many directions I can take this. One of the things the Dept. of
Education said is at this time, there is no inter-district reporting when
something happens. So like, the district can't report to other districts
just as a precaution. If this woman applies for another job, and puts down
our district as a former employer AND if the new employer CHECKS...THEN
they'll be told of the incident. BUT...if this person were to say something
like, "I haven't worked for any district in the last 5 years" the new
district will likely never know this happened. This also means this COULD have happened before, but our district would have no way of knowing that before this woman was hired. Remember this is a SUB we're talking about, NOT a regular employee. That means she doesn't have an employee file of disciplinary action....NOTHING!!!!!

UGH! I'm so burned up about this. Believe me, this is far from over.

Sadly, it's true

It's 8:00 a.m. Angela's principal called me 1/2 hr an ago to make sure I knew the State Dept. and Police detective would be at school today. (Yes, I already knew.)

He went on to say, "I hate to have to say this, but in talking to other staff, and the other students who were standing right there when this happened, there is no doubt in my mind an innappropriate physical exchanged happened by this staff person towards Angela. I want you make sure you understand this person will never work in our district again, and Angela will never be exposed to her on any of our district property."

I didn't know what to say. What do you say to that?

I asked him about her working with other districts, and how that process works. He said, " I can only speak for our district. But the police and the state will be here, and I would be sure to ask them these same questions."

So I know.

I know the district cares for my child enough to believe her even when it's something horrible that she's told them.

I know that my child will be safe from this person, at least in this district.

I know that the district will never again have anyone with Angela (or any other student) who hasn't been through the appropriate training.

I know that Angela's regular staff, those who work with her every day, are mortified that this happened to her, and in their building.

I know I'm not done. If I have to press charges individually I'll be doing so. I haven't yet decided about going to the media. I might wait until there is a police report and I have a name. I don't want the media after Angela's school, they did everything they were supposed to do and then some. I want the media after this person, and I want her name in the news so when she tries to get a job in another district people will remember the name.

I also know where I'd like this person to go.

A Scary Dose of Reality

The wake up call is for me. I'm scared and I'm shaking, and I feel like somehow I've failed my child. But I wasn't there! How can I protect my child when I can't be there every moment of every day?

Before I start, I want to explain that Angela is not capable of lying. She clearly has a vivid imagination, but she's not able to lie to cover up something, or to make someone else be the bad guy if SHE did something wrong. Also, whenever there is a substitute para (classroom aid) in the special ed. department, THAT person goes with Angela while the regular every day staff go with the other students. For some reason Angela does better with new staff, probably because she doesn't yet know how to push their buttons until she's had a chance to study them for a bit. For some kids, having a sub. para is a nightmare, but for Angela, these are usually her best days. (leave it to my kid to break the rules on how things should work!)

Anyway, earlier this afternoon I got a phone call from school. Angela's mainstream class was lining up to transition to another class. Angela was having some "issues", and threw her auditory trainer (a mic system for her hearing aids). She had a substitute para who is new to her. The para went and picked up the trainer, and told Angela "You need to carry this nicely or I'll carry it."

Mistake 1) Clearly the person hasn't been trained as to how to deal with Angela's outbursts. ZERO attention for them is the rule of thumb, or things will continue to escalate.

When the para leaned over the hand Angela she was IN Angela's face, kind of growling at her (according to the statements of the regular ed kids who were standing right there), Angela, not liking the woman in her face, slapped the woman's face.

Mistake 2) When Angela is having "issues" you MUST stay out of reach if at all possible. Again...training. Not only did this woman become confrotational, but she got IN Angela's face. The vision I have isn't a good one, and I hope that I'm envisioning it incorrectly.

The classroom teacher had her back to the situation and was talking to another student when suddenly Angela started crying like she was hurt.

Warning 1) Angela rarely cries in fear or pain. When Angela cries, you know something REAL happened. Her teacher has been known to say, "I know she was really hurt because she had real tears!"

The teacher, concerned about the REAL tears asked Angela what was wrong, and Angela claimed the para slapped her.

Warning 2) Angela doesn't know how to lie.

The teacher immediately took control of the situation. The principal as well as the head special ed teacher were notified. The principal called to tell me he's investigating this. He knows Angela well, and knows she doesn't lie. He has talked to the other kids who were right there when it happened, though he hasn't yet told me what he's found out.

Obviously I have lots of concerns about the entire situation, my biggest being Angela's safety. I understand that her having behavioral issues puts her at significant risk of getting hurt, either as she's being physically removed from an area (though this hasn't been necessary for several months) or because of staff who aren't appropriately trained in how to implement Angela's behavioral plan. Of course there is also the occasional person who gets it into their head, "Give her a dose of her own medicine once and there won't be any more problems!" I've always prayed one of these people never come into Angela's life.

I have questions too. Not just about the incident (I have plenty of questions there!) but about Angela's life in general. Why does she do this stuff in school and not anywhere else? I've had next to nothing in the way of behavioral issues for a couple of months now. When she is in other situations (like the theater group) I'm never worried about what she might do. I think it has to do with independence. Angela wants it, and at school she doesn't get it. When we do stuff like theater, I either leave like all the other parents, or just stay out of sight so she can have the same experience everyone else does.

And what about Angela's ability to communicate with me? Compared to many kids who have DS, Angela is able to be quite clear. But guess what? Any time there is an accusation made such as this, it's going to come back to how "credible" the child is. How easy will it be for an adult to deny this, and blame Angela's PERCEIVED inability to understand the incident? Who do you believe? I know exactly who I believe, but what about the others involved. With today's incident, the principal was genuinely concerned on several levels. He also made it clear that he's concerned about Angela's transition to the middle school next year, and the training that staff receives before she gets there.

I wish I had all the answers. But what I wish most of all is to have Angela safe, and know that no matter what happens she can count on the adults around her to keep her safe. School is supposed to be a safe place. It breaks my heart to know that she might not be safe there. At least not all the time. Don't get me wrong, our school is fantastic and I know without a shadow of a doubt that they have Angela's best interest in mind. But I don't walk with rose colored glasses on either, and I know that sometime there is going to be that one person who comes along that doesn't belong in the same room with my daughter.