Disabled Neenah students stay out of class

Parents have pulled three severely disabled students from school for fear of their safety after one of them suffered a serious mouth injury in the classroom.

Nicole Lutz, a cognitively and physically disabled fourth-grader at Coolidge Elementary School, needed surgery to wire her jawbone and bottom teeth back into position.

The injury occurred Dec. 21 as a classroom teacher tried to remove Nicole, 10, from a prone stander after she had bitten down on the stander's tray.

Neenah police investigated the incident and characterized it as an unfortunate accident. Investigators don't foresee any criminal charges against the teacher, who has expressed deep regret for the injury.

School administrators found no wrongdoing that led to any discipline of the teacher, and they have encouraged the parents to send their children back to the classroom.

"It certainly wasn't intentional or the result of negligence," Anne Lang, Neenah's director of pupil services, said of the injury.

The school district's response has been insufficient to calm fears of the parents.

They met with representatives of Disability Rights Wisconsin earlier this week to determine their course of action.

Nicole's mother, Ann Lutz, has filed a complaint against the Neenah Joint School District with the state Department of Public Instruction. She has no intention to send her daughter back to Coolidge or to the classroom staff.

"I want a placement change, and I want the curriculum seriously looked at," Lutz told The Post-Crescent.

Christine Becker shares Lutz's position. She removed her 11-year-old daughter, Brittany, from the class after Nicole's injury.

"We feel it is an unsafe environment after a tragedy like that," Becker said.

The class had five students supervised by the teacher and two aides. Only two students remain in the class.

Injury to Nicole

Nicole suffered a broken jawbone and injuries to her gum and teeth, according to her mother. She needed surgery that night and since has undergone three root-canal procedures.

She was injured as her teacher removed her from a prone stander, which is a piece of equipment that supports the front of the body to help achieve a standing position for people who are unable to stand independently. Nicole was placed in the stander as part of her physical therapy program to increase bone mineral density.

The teacher told police Nicole had been in the stander for 65 minutes.

The school district's incident report says Nicole, unbeknownst to the teacher, had bitten down on the tray of the stander and was injured as he pulled her up and out from behind.

The Post-Crescent is not naming the teacher because he has not been charged or disciplined. In a telephone interview, he said the injury was an accident and that he sincerely regretted what happened.

He said he has taught the children for more than three years and had not encountered any previous problems.

Nicole is nonverbal and cannot communicate what happened.

An initial investigation by Neenah police determined the injury was an accident.

The child welfare division of the Winnebago County Department of Human Services started its own investigation to determine whether Nicole needed additional protection, and it asked Neenah police to reopen their investigation because of the severity of the injury.

That investigation is not complete, but Lt. Steve Larson said he does not anticipate criminal charges.

"At this point, with the information we have, I don't expect that to happen," he said.

Lutz suspects that Nicole was jerked with great force, judging by the injury. She said for the teacher not to realize Nicole had clamped onto the tray was "total carelessness."

Compounding the injury, at least in Lutz's mind, was the school's failure to call an ambulance.

Instead, the school called Lutz at work in Menasha, and she took Nicole to the emergency room.

Additional injuries

Lutz said the Dec. 21 injury was not the first sustained by Nicole. She recalled four other injuries to her daughter while under school care since 2002. In one instance, she said, aides failed to buckle Nicole in her wheelchair, resulting in a fall that caused a head injury.

"The trust has been broken time and time again," Lutz said.

Becker said her daughter suffered a head injury last year when an aide lost control of her during a walk. "Three days later, she started having seizures," Becker said.

Garry Jungwirth said a classmate kicked his son, Jeremy, who, like Nicole and Brittany, has not returned to Coolidge.

"They didn't tell me about it until two days after it happened," Jungwirth said. "There are a lot of circumstances that we are really concerned about."

Lang said she was unaware of any previous injuries to the students. She said no complaints had been filed against the teacher or the program before Dec. 21.

School response

An administrative team, including Lang and Coolidge Principal Le Ann Metzger, met with the parents to listen to their concerns after Nicole's injury.

Metzger subsequently sent a letter to the parents assuring them that the classroom staff was adequate to meet the students' needs.

"We have examined each situation to identify what needs to change and have communicated these expectations with (the staff)," Metzger wrote. "They assure me that they can meet the expectations established for your children's safety, personal care and communication."

Metzger said the school re-evaluated classroom equipment and procedures, and she invited the parents to visit the classroom to see that the environment is safe.

When the students didn't return to school, Metzger sent a second letter regarding the mounting absences.

"I am concerned that your children are missing valuable educational time and should return to school as soon as possible," she said.

Lutz said unexcused absences from school are the least of her concerns.

"We are not going to put our kids in danger just to have perfect attendance," she said.

Changes sought

The parents have asked administrators to place their children in a different school with a different staff.

Lutz's complaint to the DPI concerns the use of the prone stander, which she says was not specified in Nicole's individualized education program, and whether the staff was properly trained and supervised regarding the use of the stander.

Lutz said she was unaware that Nicole had been placed in the stander for 65 minutes, which she said was more than her daughter could tolerate.

The DPI has 60 days to issue a decision on the complaint.

Dan Lutz, Nicole's father, said the parents shouldn't be expected to send their children back to the classroom where Nicole was injured, particularly after filing complaints against the staff.

"We don't want the same staff," he said. "We have had a pattern of incidents with the staff."

The parents want the school district to hire additional and more highly trained staff for students with special needs.

Becker said they requested that cameras be installed in the classroom so they could witness the care provided to their children. She said she learned of Nicole's injury not from the school but from Ann Lutz.

"We should have been aware of what happened," Becker said. "Our children cannot communicate with us."

Lang said administrators are willing to meet with the parents to further discuss their concerns.

Duke Behnke: 920-729-6622, ext. 32, or dbehnke@postcrescent.com

Source: Post Crescent