MILLSBORO, Del. - A Millsboro mother filed a state complaint in February after staff at East Millsboro Elementary School were found to have violated federal and state regulations involving her daughter's individualized education plan (IEP), according to the Delaware Department of Education.
Tammy Johnson said her 6-year-old daughter has disorders that require special accommodations and is protected by an IEP, which is mandated by the state.
She told CoastTV News she began receiving referrals and phone calls from the school in October 2024, stating her daughter was "acting out, being defiant, and not following school rules."
Johnson said she immediately asked if her daughter's IEP was being followed. She said she was told yes, but she noted the school wasn't in compliance upon receiving copies of some referrals.
Reports of Restraints and Emotional Impact on Student
Johnson said her daughter was restrained more than 10 times, some of which she was not aware of, and claims those restraints could have been prevented if all accommodations had been implemented.
"One stated that it was a fire drill, and she acted out, and they had to restrain her," Johnson said. "Well, part of her IEP is transitioning and now noises where she has to be prepared and notified before certain things happen, and they have to remove her earlier, which they did not."
"When the fire drill went off, the loud noise upset her, she became combative, and that's when they pulled her out and restrained her for something that she cannot control," she continued.
"She had another incident that happened in December where she was acting out in an art class. A certain teacher sent me a picture of where she made a mess, and she was very composed. She was picking up the mess that she made, and I want to say, less than seven minutes later, I got a phone call stating that she was combative again, acting out, and she was being restrained," Johnson said.
"When I got that phone call, I asked why she was restrained. She was fine. The picture that I was sent was a live picture, so I could hold it down and play it as a video. She was very composed. She was not acting out. So I asked them what happened between that time and her being restrained. They could not provide me with any information."
She said the first time her daughter was restrained was when she was in kindergarten.
"A lot of times, they would just call me, letting me know that she had to be picked up. They never got into the details of what happened," she said. "They were just telling me she was being combative and she needed to be picked up."
Johnson described her feelings as upsetting when she learned of all the restraints.
"Unfortunately, when she comes home, she tells me she does not like school, and I ask her why, and it's because they put their hands on me. 'Mommy, they grab me,'" she said.
"Now when she gets dysregulated, and they are taking her into the reflecting room, she now starts to bang her head, which causes them to have to restrain her again, which I totally understand because she's harming herself," Johnson said. "But now it's due to being traumatized by being restrained from the beginning."
State Investigation Finds Violations
Johnson said the state complaint was filed after she submitted an initial complaint with the district in December 2024. She said the district's investigation lasted only one day and was not complete.
CoastTV News obtained the complaint Johnson filed with the Delaware Department of Education. In the complaint, she claimed the school failed to implement the IEP, provide a Free Appropriate Public Education (FAPE), reevaluate and modify the IEP, implement a Behavior Intervention Plan (BIP), and ensure proper staff training.
According to the Delaware Department of Education's website, an IEP is "a process that outlines the learning goals for a student with disabilities and the services a school must provide the student in order to meet those goals."
The federal Individuals with Disabilities Education Act (IDEA) regulates the rules for IEPs in every state, but Delaware also has its own set of regulations with which the IEP process must comply.
The decision from the state found that the school failed to implement the student's IEP. The document obtained by CoastTV News states there was "a violation of IDEA and state special education regulations and a denial of FAPE regarding procedures for ensuring that specific accommodations, modifications, and supports were provided to the child."
It also found the school failed to reevaluate and modify the IEP following behavioral incidents. The document reads: "There was a violation of IDEA, state special education regulations and a denial of FAPE regarding procedures for reevaluating student based on reviewing existing evaluation data Parent provided, as well as failure to revise the IEP based on needs."
Additionally, the state found the school failed to ensure proper staff training. "There was a violation of IDEA and state special education regulations regarding appropriate staff training to implement the IEP, as well as use of interventions to de-escalate prior to using restraint. Failure to create a BIP when evidence suggests it is necessary is in itself evidence of a lack of proper training," the decision continues.
District Response and Required Corrective Actions
In a statement to CoastTV News, the Indian River School District said, "We take our responsibility to support the needs of all students within the Indian River School District very seriously."
The district also said it "has been working closely with the parent to resolve this situation while also addressing any compliance concerns noted in the decision."
As a corrective action, the school must schedule an IEP meeting with the parent to discuss the student's progress and concerns. During the meeting, the team "will determine what compensatory education is warranted regarding educational and related services for the date range of September 1, 2024 through February 13, 2025." That education must be completed by Nov. 14.
According to the state complaint decision, the district must conduct "professional development" with all special education and related staff regarding IEPs, Functional Behavior Assessments, and Behavior Intervention Plans by May 15.
"I'm hoping that this training helps all teachers to be able to teach all the children there in the school districts because not every child is the same, and that's what they fail to realize that every child is different," Johnson said.