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Parents
of an 8-year-old autistic girl, who attended a
Waukee elementary school, want changes made in
time-out policies after their daughter was shut
in an empty room for three hours.
Doug and Eva Loeffler said they were shocked after
viewing a videotape of their daughter, Isabel,
who had wet her pants and was struggling to obey
the rules so she would be freed from isolation.
"It was more than shock. It was pure mortification,"
her father later testified during a legal proceeding.
"We saw her hitting herself in the head.
We saw her just looking like a wild animal, essentially,
for well over an hour, someone who had just lost
all control of herself and all hope."
Teachers watched Isabel continuously through a
window. They said she had been placed her in the
room because she didn't want to complete a reading
assignment.
The Loefflers immediately pulled Isabel out of
school and called a lawyer.
A resulting action against the school led to a
10-day hearing on whether the school district
failed to provide Isabel with a proper public
education.
An administrative law judge ruled in favor of
the Loefflers earlier this year.
The judge's ruling would have forced the district
to educate Isabel differently, but Doug Loeffler
recently left his job as an investment consultant
with Principal Financial Group and moved his family
to California.
As a result, Waukee is not bound to change the
way it uses time-out rooms.
Because it was an administrative hearing, the
Loefflers cannot seek damages, although they could
seek reimbursement for their $80,000 in legal
fees. They also have the right to sue for damages
in civil court.
There was no penalty for the school district.
Isabel's experience in Waukee has left her unable
to tackle a full day of school, her father said.
This fall, Eva Loeffler will homeschool Isabel,
now 10, and she'll go to school for short sessions.
Isabel's parents hope to gradually add hours as
she becomes comfortable with the staff and the
environment.
The Waukee district and the Heartland Area Education
Agency, which helped prepare the learning plan
for Isabel, are adamant that they did nothing
wrong and are appealing the decision.
That ruling against the school sparked attention
from advocates in the autism field who hope it
will curb the use of seclusion and restraint.
The Iowa Department of Education offers guidelines
for time-outs, but schools are not required to
follow the suggestions. The Loefflers hope the
department will use its rule-making powers to
create legally required time limits on restraint
and seclusion.
The Lefflers believe, as do some experts, that
time-out rooms can be effective for children with
aggressive behavior, but as a last resort and
for short periods to calm a child. Such measures
should not serve as punishment for not completing
a task.
"We are not opposing time-outs as a concept
in and of itself," the Loefflers' lawyer,
Curt Sytsma, said during the administrative law
hearing in the winter of 2006. "We are no
more opposing them than we oppose salt in a recipe,
but if you add a whole cup of salt, it's an entirely
different matter."
School records used as evidence in the hearing
show Isabel was aggressive at times - she kicked,
spit at, hit students and teachers, jumped on
tables, and overturned desks.
But the Loefflers argued that Isabel's disruptive
behavior was triggered and worsened because educators
used restraints and seclusion to an extreme. Records
show Isabel was in time-out for 100 sessions between
September and December 2005, for as many as five
sessions in a single school day, and sometimes
for an hour or more.
The educators believed they were working cooperatively
with the Loefflers to provide an appropriate education
for Isabel in the least restrictive environment
appropriate, said Roxanne Cumings, Waukee's director
of student services. The strategies they used
were supported by education research, she said.
For the 2005-06 school year, Isabel went to Walnut
Hills Elementary. Isabel's educators and parents
agreed to videotape more than three hours of Isabel's
day at the school on Dec. 7, 2005. Everyone wanted
to analyze what was happening just before the
girl's outbursts.
It was that videotape that led to the Loefflers
decision to pull her from the school and protest
the use of the time-out room.
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