Conflicting Needs at Md. School

A Restraining Order Is Keeping a Boy With Down Syndrome From Classes, But His Parents Dispute the Frederick System's Claim That He's Dangerous

Bill Hutchison stands 4 feet 2 inches in his sneakers. He weighs 65 pounds. As of Tuesday, the 10-year-old is prohibited by court order from entering his elementary school because he's considered a danger.

The Frederick County public schools took the unusual step of obtaining a restraining order because Bill, a fourth-grader with Down syndrome, has had repeated violent outbursts that threatened himself and others, county Circuit Court filings say.

In a case that illustrates the painful choices in balancing the rights of disabled students and the rights of their peers and school staffs, the school system has resorted to a restraining order for the first time. The system wants to send Bill to a special school, but his parents refuse.

Bill's parents dispute the characterization of their son's behavior, but court papers filed by the Board of Education give a long list of Bill's outbursts since his arrival at Monocacy Elementary in March:

He has bitten, growled, screamed and used abusive language. He has spit at staff members, rammed his head into their faces, tripped them, hit them with his fists and wrapped his hands around a staff member's throat and threatened to strangle her. During one outburst Jan. 31, staff members had to escort him to the office, and he fought the entire way. After being placed in a room for a timeout that day, he stripped naked and stayed that way for about 30 minutes. On Oct. 17, the staff was forced to evacuate the rest of the class until he calmed down, the filings say.

Bill's mother, Michelle Hutchison, said the school triggered some of the misbehavior by using inappropriate methods to control him. And she said that what school officials are saying now differs from reports the school sent home on days Bill required discipline. For instance, on a day when Bill allegedly caused a significant disturbance in the cafeteria, he brought home a "smiley card" for good behavior.

"If you met him, he's nowhere near what they describe," said Hutchison, 31, a night-shift nurse in Frederick. "He's not a maniac. The things that they leave out is what they've been doing to him, like what starts an event before the hitting and the screaming."

Bill is a triplet. Unlike his brothers, however, who are identical twins, he is a fraternal sibling and carries an extra chromosome. Health problems -- including bouts of pneumonia related to a tracheotomy -- have further complicated his development. He speaks in short sentences, usually directed at his mother, and it is sometimes difficult to understand what he is saying unless she interprets.

School officials want to transfer Bill to Rock Creek School in Frederick, which serves disabled children and adults ages 3 to 21, because it is better equipped to handle him. But because he is protected under the federal Individuals With Disabilities Education Act, the system cannot unilaterally remove him from the school for a lengthy period or transfer him to a different educational setting.

In an affidavit, Monocacy Principal Leigh Warren said the system had suspended him for 10 days and could not suspend him further. She said Bill's outbursts had "resulted in injury" to staff members but did not specify the injuries.

"Our very first priority is to ensure the safety of all children in our care," said Pamela Pencola, director of special education in Frederick County's schools. Like other school officials contacted for this report, Pencola declined to discuss specifics of the case.

The Individuals With Disabilities Education Act requires that every special education student receive an education tailored to his or her specific needs and in the least restrictive setting. It also allows families to challenge a child's individualized education plan, known as an IEP, in a hearing before an administrative law judge.