EMS and High Needs Students: Applying a Trauma Informed Response in NY City Public Schools TARA FOSTER, ESQ. QUEENS LEGAL SERVICES TFOSTER@LSNYC.ORG

2

NELSON MAR, ESQ. BRONX LEGAL SERVICES NMAR@LSNYC.ORG

&

Introduction ‣NYC Public School System • Over 2000 schools • More than 1.1 million students. (2015-2016 SY) ◦ Students with disabilities: 212,036 (19%) ◦ Students living at or below poverty: 86,7732 (77%)

‣ Student discipline a persistent issue in NYC schools. ‣ School personnel have a range of disciplinary responses: • guidance interventions, • removals, • suspensions, • arrests, and • sending students to the hospital emergency room.

3

Discipline and the Schools to Prison Pipeline ‣ Suspensions on steady decline (37,647 for 15-16 SY) .

• A decrease of 46% over the last 5 years. ‣ But significant disproportionalities remain.

• Students with disabilities (SWD) ◦ 19% of the student population but account for 39% of all suspensions. ◦ Behavior that leads to suspension is frequently a manifestation of the

student’s disability. • Black/African American students ◦ 27% of the student population but account for 49% of all suspensions.

‣ School Arrests and Summonses (14-15 SY) • 283 Arrests & 472 Summonses ◦ (37%) of all summonses were for disorderly conduct

‣ Restraints of students by school personnel or others • None reported.

4

Use of EMS for Disruptive Behavior ‣ Common practice for school officials in many schools

to “EMS” or “EDP” a disruptive student.

‣ The emergency room is another stop on the schools to prison pipeline.

‣ Increasing usage over the last decade in NYC.

5

A Common Scenario ‣ Young student engages in disruptive behavior. ‣ School staff intervenes but student does not respond. ‣ School administrators fear for the student’s safety and

the safety of others. ‣ School staff calls 911 so the student can be taken to

the hospital for a psychiatric assessment. ‣ Schools requires students present a medical clearance

letter in order to return to school.

6

School Incident Resulting in EMS

7

8

A Student’s Patient Care Report: 5 y/o male fd ambulatory @ scene pt is a+ox3 school staff sts pt is displaying very aggressive behavior x a few days staff sts pt is hitting and biting other children and staff. staff dns any injury or other complaints upon EMS arrival, pt appears calm and cooperative -obvious trauma pt txp to hosp in AOC w school staff without change or incident Chief complaint: “He’s very aggressive” sts school staff Presumptive Dx: Psych Eval

Historical Use of EMS ‣ “The New Craze Schools Using ERs As Dumping

Ground”, May 17, 2004 (Daily News) • Schools are routinely dumping unruly students in hospital

emergency rooms, abusing a system that's supposed to help kids only in a dire psychiatric crisis, doctors and hospitals charge. Schools are required to get immediate psychiatric help for students who pose a "clear threat" to themselves or others. But hospitals say many kids are being carted off to emergency rooms in ambulances just for disciplinary problems. ◦ http://www.nydailynews.com/archives/news/new-craze-schools-ers-dumping-ground-

educators-shuttling-surly-students-city-white-coats-article-1.647686#ixzz2uMTckZNk

9

A Pattern and Practice? ‣ “Special-Ed Student

Joseph Anderson, 7, Handcuffed By Cops At Queens School After Easter Egg Tantrum” (2011)

• NY Daily News

10

‣ “5-Year-Old Boy Handcuffed In School, Taken To Hospital For Misbehaving” (2008)

• NY Daily News

The Impacts of an EMS Referral ‣ Traumatization of Student and Parent

• “A trip to the emergency room, even if it is done well, is the worst introduction to mental health services you can give a child”

• Lost of trust with first responders • Erode relationship with school officials

‣ An unnecessary trip to the ER is costly: • Total cost of $2,400 - $800 for the ambulance and $1,600 or more for

treatment. • Annual costs in NYC based on approximately 3,500 calls per year: $8.4

million . • Lost productivity of ◦ school staff ◦ employed parent ◦ EMS/first responders ◦ ER staff

11

Call for Action ‣ Client intakes at LSNYC in 2010 and 2011 • Parents relate how child was sent to the hospital. • School incident reports state student sent to the ER.

‣ Concerns raised by community partners • Mental Health Providers ◦ Hospital Outpatient Clinic ◦ Mental Health Clinics

• Social Service Agencies • Community Organizations • Education Advocates

12

13

LSNYC’s Know Your

Rights Flyer

Data Collection ‣ Initiated freedom of information law (FOIL) requests to collect

data in 2011. ‣ Filed an Article 78 mandamus action in New York State Court to

compel the DOE and FDNY to comply with FOIL request. ‣ DOE data

• 13,967 EMS calls were made by NYC schools (2010-2011 SY). • Of these calls, 26% or 3,630 calls were for disruptive related

behaviors. • over 3,800 EMS calls for the 2012-2013 school year.

‣ FDNY data • Over 17,000 calls for 2005 – 2010 (avg.: 2,800/yr.) • Calls by address of the school and for an “emotionally disturbed

person” (EDP) • Addresses with highest number of EMS calls are locations that house

a District 75 program.

14

Litigation and Settlement T.H. V. FARINA 13CV8777 (SDNY)

15

T.H. v. Farina: Parties ‣ Plaintiffs • 11 students and their parents. • Mostly African American and Latino • Most 5 or 6 years old when transported • low income/low income neighborhoods

‣ Defendants • New York City • New York City Department of Education ◦ Carmen Farina, Chancellor

• Fire Department of New York ◦ Daniel Nigro, Commissioner

• Unnamed Emergency Medical Technicians

16

T.H. v. Farina: Claims ‣ Disability Discrimination • Rehabilitation Act of 1973 (Section 504) • American’s with Disability Act • New York City Human Rights Law ‣ Illegal Seizure • 4th Amendment, U.S. Constitution • New York State Constitution ‣ Due Process • 14th Amendment, U.S. Constitution ‣ Individual’s with Disabilities Education Act

17

Claims: Disability Discrimination ‣ Use of EMS excluded students from participation in a

federally funded program by reason of their disabilities or perceived disabilities when schools could have provided reasonable accommodations.

‣ Requirement of a clearance letter before allowing students to return to the regular classroom setting created a barrier for students to access their education based solely on a disability or perceived disability.

‣ Rehabilitation Act of 1973 • 29 U.S.C §701 et seq.

‣ Americans with Disabilities Act • 42 U.S.C. §12131 et seq.

‣ New York City Human Rights Law • Administrative Code of the City of New York §8-107(4)(a)

18

Claims: Unreasonable Seizure ‣ By physically removing students from their schools to

hospital emergency rooms when there was no medical necessity to take such actions, DOE and EMS personnel violated students’ rights against unreasonable seizure.

• U.S. Constitution ◦ Fourth Amendment ✓Actionable under 42 U.S.C. Section 1983

• New York State Constitution ◦ Article I Section 12

19

Claims: Denial of Due Process ‣ By removing students from school to emergency

rooms against parental instruction or without parental consent, where there was no urgent medical necessity, DOE and EMS personnel violated parents’ rights to authorize and direct the medical care given to their children and the liberty interest of the parents and children to association and family integrity.

• U.S. Constitution ◦ Fourteenth Amendment ✓Actionable under 42 U.S.C. Section 1983

20

Claims: Violations of “IDEA” ‣ Use of EMS to address students’ misbehaviors instead of using services

available under the IDEA like behavior intervention plan or one to one adult support.

‣ Use of EMS instead of the IDEA process to evaluate the psychological, behavioral, and/or educational needs of the student.

‣ Requirement of a clearance letter before allowing students to return to the regular classroom setting.

‣ Sending students to hospital emergency rooms violates students’ rights under the IDEA to be educated in the least restrictive environment.

‣ Individuals with Disabilities Education Act • 20 U.S.C §1400 et seq. ◦ §1412(a)(5)[least restrictive environment] ◦ §1414(b)(3) [evaluations and assessments] ◦ §1415(k) [behavior plans]

21

Settlement with NYC

22

Relief Secured in Settlement ‣ Injunctive Relief: Systemic Changes • DOE will establish a new policy and protocol for the removal by

EMS of a student engaged in serious disruptive behaviors. (Chancellor’s Regulation A-411).

• Increase and Enhance Training and Professional Development around Crisis Intervention

• Collection and publication of data of EMS use by schools • Increase School Resources • New mandate in FDNY/EMS response protocol

‣ Monetary Damages • Approximately $500,000 in damages for plaintiffs’ pain and

suffering.

23

Chancellor’s Regulation A-411 Behavioral Crisis De-Escalation/Intervention and Contacting 911 ‣ For the first time school staff will have clear guidance

and procedures regarding the use of EMS for students experiencing a behavioral crisis.

‣ Schools will be required to develop plans to respond to crisis situations.

24

Protocol Before Calling 911 (A-411) ‣ When “a student engages in behavior that poses a

substantial risk of serious injury to the student or others:

• Staff must notify principal; • The parent must be notified and given a chance to speak

with the student. • Staff must attempt to deescalate the behavior through use

of strategies or resources in the school (e.g. CIT or BRT; SBMH etc.)

25

When to Call 911 (A-411) ‣ Schools must call 911 when: • student’s behavior poses an “imminent and substantial

risk of serious injury to himself or others” AND • the situation cannot be safely addressed by the school

staff.

26

Protocol When 911 Is Called (A-411) ‣ Principal must try to notify the parent that 911 was called. ‣ Parent must be given an opportunity to speak with the

student if parent is present or is reached by phone unless doing so will interfere with 911 responders duties.

‣ Parent has a right to refuse transport to hospital and medical services from 911 responders. 911 responders must then follow their regulations in determining whether to honor parent’s request or to override it. (See EMS Regulations).

‣ If student is not transported then school and parent need to discuss what happens next for student:

• return to class or • Parent take the child home, etc.

27

If Parent Cannot Be Reached (A-411) ‣ If parent cannot be reached after school calls 911: • 911 Responders will confer with school officials and

determine if the student needs to be transported. • If the student is transported, a school staff member must

accompany the student to the hospital if the parent is not present. At the end of the school day, the staff member must contact the principal if the parent has not arrived at the hospital to determine next steps.

28

Prohibited Actions (A-411) ‣ School staff cannot use 911 as a disciplinary response

or measure.

‣ When safe to do so, school staff must use alternative de-escalation strategies before using 911.

‣ School staff may not request or require a mental health clearance letter as a pre-condition for the student returning to school.

29

Emphasis on Positive Behavioral Interventions and Supports (PBIS) Approaches (A-411) ‣ School staff must meet with the parent after any

behavioral crisis to discuss appropriate positive behavioral supports and interventions for the student such as:

• Assessments like a Functional Behavior Assessment (FBA)

• Accommodations and services like a paraprofessional or behavior plan/behavior intervention plan.

• Referrals for ◦ special education evaluation or ◦ outside mental health / social services.

30

Documentation and Reporting (A-411) ‣ Principal must notify DOE’s Emergency Intake Center

every time 911 is called.

‣ Principal must file an incident or “occurrence” report within 24 hours of 911 being called and for any serious incident.

‣ Parent’s are entitled to a copy of the incident report.

31

Crisis Intervention Plans (A-411) ‣ Every NYC public school must develop a crisis intervention plan

every school year as part of the Consolidated School and Youth Development Plan.

‣ Plan must include • strategies for de-escalating behavioral crisis situations; • identify locations in the school building in which students in crisis may be

safely isolated from others; • identify any school staff trained in de-escalation techniques; • identify in-school and community resources that are available to the

school and parents (e.g., mental health clinics, mobile crisis teams, facilities that provide urgent/same-day mental health assessments); and

• describe how crisis de-escalation and response protocols are communicated to school staff.

‣ On March 1 in the settlement period, Plaintiffs can review up to 75 crisis de-escalation plans.

32

Crisis Intervention

Plans (A-411)

33

Crisis Intervention

Plans (A-411)

34

Crisis Intervention Team (A-411) ‣ The responsibilities of the Crisis Intervention Team

(CIT) are: • Assist in de-escalating incident involving student behavior

that may pose a substantial risk of serious injury to the student or others.

• Conduct an orientation for all school staff including non-instructional staff. The orientation must include information on the regulation and the de-escalation plan.

• Identify in-school and community resources that are available for schools and parents to help students in crisis.

35

EMS Regulations ‣ FDNY Regulations govern how EMS technicians respond to

school incidents. • Refusal of Medical Aid • Treatment and Transport of a Minor • Assignments involving an EDP

‣ New mandate for EMS providers when responding to a school for a student experiencing an emotional, behavioral or psychiatric event.

• EMS technicians will speak with the parent (in person or by phone) if the parent requests and

• School identifies the person as the parent and speaking with the parent will not interfere with their duties and responsibilities.

36

Refusal of Medical Assistance ‣ If parent or guardian (e.g. grandparent or school

officials) refuses medical assistance (RMA), the EMS personnel must determine if the situation requires them to override the refusal.

• Does the student have a condition that could result in a life-threatening or life altering outcome?

• Is the student in a safe environment or in immediate danger?

‣ EMS personnel can contact FDNY doctor for assistance in determining whether to honor a RMA.

‣ EMS personnel must document the incident on their Patient Care Reports (PCR).

37

De-Escalation Training of DOE Staff ‣ DOE will train 500 staff every year over the stipulation

period in therapeutic crisis intervention for schools (TCIS).

• Training must be received within last two years; or • Received refresher training in the last two years.

‣ By Feb. 1 in 2016, 2017 and 2018, DOE will ensure designated schools have minimum level of staffing by TCIS trained staff.

38

What Is Therapeutic Crisis Intervention for Schools (TCIS) ? ‣ TCIS is a crisis prevention and intervention model for

schools created by Cornell University. The training focuses on:

• Preventing and de-escalating crisis situations with students; • Processing the crisis event with students to help improve their

coping strategies; • Managing crisis situations to reduce the risk of harm to

students and staff; • Creating teams to help prevent, de-escalate, and manage

acute crisis; and • Increasing knowledge and skills on the part of school personnel

to handle crisis effectively.

39

“Designated Schools” ‣ Top 20 schools with highest rates of EMS transports • Rate = School enrollment ÷ number of transports • Data from prior school year • Transports related to emotional/psychological condition • Minimum of 5 transports ‣ Will receive additional trained staff in crisis de-

escalation. ‣ Schools from which plaintiffs were EMS’d and that

they continue to attend as of settlement: 40

Designated Schools for 2016-2017

13. 75K753 @ P.S. K753 - School for Career Development; 13K753 (Main); 15K530; 18K500

14. 75M035 @ P.S. 035; 02M035 (Main) 15. 75M751 @ Manhattan School for Career

Development; 01M751 (Main) 16. 75Q752 @ Queens Transition Center; 28Q752

(Main); 28Q695; 24Q744 17. 75R025 @ South Richmond High School I.S./P.S.

25; 31R885 (Main); 31R884; 31R003; 31R007; 31R075

18. 75X012 @ P.S. X012 Lewis and Clark School; 11X012 (Main)

19. 75X017 @ P.S. X017; 07X298 (Main); 07X043; 07X161; 07X385

20. 75X176 @ P.S. X176; 11X178 (Main); 11X153; 11X181; 11X455; 11X498

21. 75X186 @ P186X Walter J. Damrosch School; 12X186 (Main); 08X140; 10X306

22. 75X721 @ P.S. X721 - Stephen McSweeney School; 11X721 (Main); 10X368; 12XH21

23. 75X754@ J. M. Rapport School Career Development; 12XB54; 07X754 (Main)

24. 75X723 @ P.S. 723; 07X049; 09X218; 09X338; 09X927; 11X189; 11X701

41

1. P.S. 38 Roberto Clemente (Manhattan) 2. P.S. 200- The James Mccune Smith

School (Manhattan) 3. The School for Inquiry and Social

Justice (Bronx) 4. P.S. 126 Dr Marjorie H Dunbar (Bronx) 5. P.S. 360 (Bronx) 6. J.H.S. 144 Michelangelo (Bronx) 7. The Young Scholars Academy of The

Bronx 8. 75K036 @ P.S. 36 9. 75K141 @ 20K192; 17K877; 19K036

(Main); K224; P.S. 141K; 14K071; 16K035; 17K002 (Main); 14K380

10. 75K368 @ P.S. 368; 14K120; 15K429; 14K033 (Main)

11. 75K371 @ P.S. 371; 20K485; 15K667; 15K371

12. 75K373 @ P.S. 373 - Brooklyn Transition Center; 14K148 (Main)

Documentation and Data ‣ School officials must properly document every serious

school incident (Chancellor’s Regulation A-412). • Schools must create an occurrence report every time

EMS is called in response to a student’s behavior resulting from an emotional/psychological condition.

• The occurrence report must be entered into the DOE’s computer database.

‣ DOE will provide data reports every 4 months to Plaintiffs regarding the number of DOE employees assigned to each Designated Site who have received TCIS training.

42

Data Reporting by DOE ‣ DOE will provide data reports every 6 months to Plaintiffs. • Data aggregated by school will include the following: ◦ Number of calls for EMS with incident code of “Emotional/Psychological Condition –

Student” ◦ Number of EMS transports with incident code of “Emotional/Psychological Condition –

Student”

• Data aggregated by school district will include the following student information: ◦ Race ◦ IEP status ◦ Age ◦ Number of calls for EMS ◦ Number of EMS transports

• Reporting for data below 10 incidents will include 1-5 and 6-9.

43

Data Reporting by FDNY ‣ FDNY will provide data reports every 6 months to

Plaintiffs. • Data aggregated by school address will include the

following: ◦ Number of calls for transports associated with dispatch code of EDP. ◦ Number of transports associated with dispatch code of EDP.

44

Oversight of Settlement ‣ Stipulation Period • December 14, 2014- June 30, 2018 • Hon. James Cott, Magistrate Judge, Southern District of

New York, will retain jurisdiction for the stipulation period. • Plaintiffs have the right to raise issues with the City and

the opportunity to go back before Judge Cott.

45

Next Steps ‣ Continue an open dialogue with schools, health

providers, parents, students, advocates and other community stakeholders.

‣ Analyze, share and apply data and information. ‣ Build on school climate changes and expanded

training and resources to promote more inclusive and trauma sensitivity school environments and move closer to the promise of equal educational opportunity for all children.

46

What can we all do to assist students? OTSD®: “ONGOING TRAUMATIC/TOXIC STRESS DISORDER” HIGH NEEDS STUDENTS IN UNDER-RESOURCED SCHOOLS

47

High Need Communities ‣ Many of the schools with the high rates of EMS usage

serve student populations with significant socio-economic and social/emotional needs

‣ Public schools in high need communities have few viable options or resources to respond to youth experiencing a crisis during the school day.

‣ School administrators and staff have limited training and resources to respond to such situations.

48

49

Volume of EMS calls by school address based on FDNY data. [January 2015- June 2015]

50

Poverty and EMS calls by location. [FDNY data for January 2015- June 2015].

51

Homelessness and EMS calls by school location. [FDNY data for January 2015- June 2015]

52

EMS calls by school location and Abuse and Neglect referrals. [FDNY data for January 2015- June 2015]

53

Foster Care and EMS calls by school location. [FDNY data for January 2015- June 2015]

54

Crime Density and EMS calls by school location. [FDNY data for January 2015- June 2015]

55

Designated Schools

and Crime Density

56

Designated Schools and

Poverty

Effects of Trauma/Toxic Stress ‣ Adverse environments resulting from and chronic poverty,

neglect, abuse, and violence/domestic violence, may expose children to toxic stress, which disrupts brain architecture and impairs the development of executive function.

‣ Executive function and self-regulation skills are the mental processes that enable us to plan, focus attention, remember instructions, control impulses and juggle multiple tasks successfully.

Center on the Developing Child at Harvard University http://developingchild.harvard.edu/key_concepts/toxic_stress_response/

57

Misdiagnosis of ADHD? ‣ Traumatized children often find it difficult to control

their behavior and rapidly shift from one mood to the next. They might drift into a dissociative state while reliving a horrifying memory or lose focus while anticipating the next violation of their safety. To a well-meaning teacher or clinician, this distracted and sometimes disruptive behavior can look a lot like ADHD.

How Childhood Trauma Could Be Mistaken for ADHD http://www.theatlantic.com/health/archive/2014/07/how-childhood-trauma-could-be-mistaken-for-adhd/373328/

58

Functional Purpose of EMS Use ‣ Use of EMS/911 as a way to restrain the student. • See ProPublica Article

http://www.propublica.org/article/los-angeles-and-new-york-pin-down-school-kids-and-then-say-it-never-happene#

‣ Removal of Student ‣ Safety Concerns ‣ Expedite Access • Mental Health Services • Social Services

59

Inappropriate Responses Across the Country NATIONALLY SCHOOL DISTRICTS ARE GRAPPLING WITH HOW BEST TO RESPOND TO DISRUPTIVE STUDENTS

60

NEA Guidance on How to Respond Disruptive Students • “Handling Disruptive Students: A Delicate Dance for Any Teacher”

• When disciplining students it is important to achieve a balance between understanding and disciplining the student. Addressing the student’s behavior, not the student, is key to maintaining this balance.

• Teachers should also be aware of the developmental issues that their students face.

• The following are some practices teachers can use to prevent an interaction from becoming adversarial: communicate clearly; allow time for the student to speak; and remain calm and firm.

• Clear procedures should be in place for when students are truly threatening and new teachers should take classes to learn how to maneuver these situations.

http://www.nea.org/tools/handling-disruptive-students.html

61

S.C. Student Put in Chokehold • “Feds probing videotaped arrest of disruptive student”, October 27, 2015

• Incident occurred in Columbia, South Carolina. • In a school district with a history of criminalizing black students, a black

female high school student was arrested after refusing to hand over her cellphone to her math teacher.

• A video was taken of a white police officer putting the girl into a chokehold that tipped over the desk and pushed her backward onto the floor.

• “A second student who verbally objected to the girl’s treatment also was arrested.”

• The police officer is being sued for “excessive force and racial bias.” • The Justice Department is currently investigating whether or not the officer’s

arrest of this student violated federal civil rights laws. http://www.ocala.com/news/20151027/feds-probing-videotaped-arrest-of-disruptive-student

62

Massachusetts 8-year-old Taken to Hospital for His Drawing ‣ “Why Kids With Psychiatric Issues End Up in the Emergency Room” -

Excerpt from Suicide by Security Blanket, and Other Stories from the Child Psychiatry Emergency Service: What happens to Children with Acute Mental Illness by Laura Marie Prager, MD, and Abigail Louise Donovan, MD.

• Gabriel, an 8-year-old boy with a learning disability, was seen drawing a picture of his teacher being impaled with a knife. Without speaking to Gabriel, the vice principal, called the parent to come to the school to pick up her son and to not let him return without a doctor’s note stating “he can safely return to school.”

• For school administrators, violent or graphic drawings are frequently viewed as an automatic ticket to the ER. Such drawings “must be understood in the context of the child’s developmental stage and social environment.”

• When interviewed, Gabriel explained that he only drew that picture of his teacher because he was frustrated she wouldn’t let him read the book he wanted to read.

• “There is little if any evidence that children’s violent drawings portend violent action...”

‣ http://childmind.org/article/why-kids-with-psychiatric-issues-end-up-in-the-

emergency-room/

63

NYS Police Handcuff 5yr old boy • “Fort Drum parents irate after police handcuff, shackle 5-year-old

special-needs student”, May 2, 2015 • Incident occurred in Philadelphia, New York. • Connor Ruiz is a 5-year-old student diagnosed with ADHD, OCD, and

ODD. He was hauled off by police in handcuffs and shackles to the hospital for an evaluation for behavior that was allegedly “out of control,” “combative” and “posed a risk to himself, students, school staff and troopers.”

• Medical staff at the hospital said there was no need for a psychiatric evaluation and that Connor had a tantrum.

• The school alleges they spent two hours trying to de-escalate the situation before calling the police. The parents were not called until after the police were already on their way.

• Mrs. Ruiz exclaimed, “They made an extremely bold move, because I could have come to the school and all of his actions would have ceased. We had a plan in place so they would call me to come to the school if they couldn’t calm him down, and they didn’t do that.”

• The Ruiz’s intend to sue for emotional distress, child cruelty and endangerment for cuffing Connors hands and feet.

http://www.watertowndailytimes.com/news03/fort-drum-parents-irate-after-police-handcuff-shackle-5-year-old-special-needs-student--20150502&&&

64

Virginia Police Tase 8th Grade Student • “Taser used on 8th grade student who was disruptive in cafeteria,

assaulted officer”, March 13, 2015 • Incident occurred in Powhatan County, Virginia • The student was reported to have been disruptive in the cafeteria and

continued being unruly after being taken to the assistant principal’s office where a school resource officer (SRO) came in to “diffuse” the situation.

• According to the Sheriff’s Department, the SRO tased the student for attacking him and trying to flee during arrest.

• “The Tased student was taken to the hospital where he was checked out and eventually cleared. He was later charged with felony assault on an officer, and two misdemeanors.”

http://wtvr.com/2015/03/13/area-student-tased-after-being-disruptive/

65

Disruptive Student Taken to Hospital • “Disruptive student removed from middle school by

police”, March 26, 2015 • Incident occurred in Farmington, Maine. • School administrators called the police to remove an alleged

disruptive student from school premises. During the incident, teachers locked their doors as if on lockdown “to avoid further disruption to the other students.”

• The student was taken to the hospital for a psychiatric evaluation and charged with criminal trespass for “refusing a lawful order to leave the school.”

http://www.dailybulldog.com/db/news/disruptive-student-removed-from-middle-school-by-police/

66

Trauma Lawsuit Against Compton School District ‣ Peter P. v. Compton Unified School District, CV 15-3726-MWF

(PLAx) • Filed in Los Angeles County by Public Counsel and Irell & Manella

LLP on behalf of students and three teachers. • “Rather than taking reasonable steps to address the needs of

students affected by trauma, the Compton Unified School District frequently punished and excluded these children in ways that have made it nearly impossible for them to succeed in school.”

• “The lawsuit seeks a remedy centered on the adoption of proven models being adopted by districts across the country, from the entire state of Massachusetts to the San Francisco Unified School District, which recognize the impact of traumatic experiences and help both students and educators become more resilient in the face of adversity and trauma.”

http://www.traumaandlearning.org/

67

Takeaways ‣ School officials need better options and more

resources to address the needs of dysregulated students. These should include options that help reduce trauma and bring the family or support network into behavioral health treatment.

• Increase student access to mental health services • Improve staff training around de-escalation and trauma • Address systemic issues such as chronic

unemployment/underemployment; domestic violence; housing instability; food insecurity; racism; and segregation.

68

Contact Information ‣ Legal Services NYC Education Hotline:

• 917-661-4500

‣ Legal Services NYC Queens Legal Services Tara Foster, Esq. 89-00 Sutphin Blvd., 5rh Flr. Jamaica, NY 11435 (347) 592-2234 Bronx Legal Services Nelson Mar, Esq. 349 East 149th Street Bronx, NY 10451 (718) 928-3756 nmar@lsnyc.org

69

Q&A

Upcoming Events The Shame of Being Poor? Stigma as a Social

Determinant of Health November 17, 2016; 12-1PM

Navigating the Reentry Maze: Holistic Transformative

Integrated Case Management November 30, 2016; 12-1PM

Visit our website to register:

http://ctacny.org/social-determinants-health

Contact us at CTAC.info@nyu.edu