Aspies For Freedom

Trial proceeds in Asperger's abuse case

CUPERTINO DISTRICT TEACHER ACCUSED

By Dana Hull
Mercury News

Jury selection is scheduled to begin this afternoon in federal court in the civil trial of a former Cupertino Union School District teacher accused of physically abusing a special-education student.

Craig and Ann Gaydos allege that over a period of months in 2001 and 2002, teacher Karen Miller caused physical and emotional injury to their daughter Paige. Paige has Asperger's syndrome, a neurological disorder similar to autism, and was in Miller's special-education classroom at Eisenhower Elementary in Santa Clara.

The alleged abuses range from smearing a burrito in Paige's face and hair, to pushing her on the floor and sitting on her.

Under state law, special-education teachers can restrain students in danger of harming themselves or someone else, but regulations govern how restraint should be practiced and documented.

Mark Davis, a San Jose attorney who is representing both the teacher and the school district, says there is no proof that any of the alleged abuse occurred.

But Andrea Tytell, a special-education attorney representing the Gaydos family, says that six other Cupertino Union parents have come forward and are willing to testify about other incidents of abuse by Miller. Tytell says that the Cupertino Union school district was complicit, because officials repeatedly backed up Miller when concerns arose and regularly assured the Gaydos family that nothing was wrong

The district was deliberately indifferent when faced with disturbing news about a teacher,'' said Tytell. ``This case is just like the abuse cases against the Catholic Church. There was a pattern of abuse, deliberate indifference and a cover-up.''

Across the country, there is growing scrutiny of alleged abuse in special-education classrooms, and some studies have shown that children with disabilities are more likely to be mistreated in school then other children.

``It's survival of the fittest,'' said Terri Miller, president of the advocacy group SESAME, or Stop Educator Sexual Abuse, Misconduct, and Exploitation. ``These are the kids who are the least likely to report physical abuse, because they are often incapable of reporting. The disabled are most vulnerable to all forms of abuse.''

Many of the key players in the case are no longer with the district.
The Gaydos family moved to Colorado and are now home-schooling Paige, who is almost 11. Karen Miller left Cupertino Union in early October 2002 to teach in Clearlake. The Konocti Unified School District confirmed Thursday that Miller had been a special-education teacher with the district, but resigned at the end of the 2004-05 school year.

And Cupertino Union Superintendent William E. Bragg announced this week that he will retire at the end of this school year.

Still, all are likely to testify at the trial, at the U.S. District Court of Northern California in San Francisco. Tytell said that jury selection might wrap up as early as this afternoon, and opening arguments could begin when the trial resumes Tuesday.

Contact Dana Hull at dhull@mercurynews.com or (408) 920-2706.

Let's write Dick Wolf and ask him to base a Law & Order episode on this case. :twisted:

Probably best not to, IM - it'd end up the kiddie's fault in that case, no doubt, and the teacher would be portrayed as a "poor but honest and overworked" person who abused children "in their own best interests".
Alison

Oh, I would advise Dick of the consequences of making it that way. I have already written NBC and told him that if I happen to be driving around America and see him crossing the street, his body will have acceleration marks near it. :lol:

Makes one wonder who was the "child" in this case. Too many unsuitable people are ending up in the teaching profession.

homeschooling  ---  seems like a better option to me.

Trial begins in special ed abuse case

CIVIL ACTION CENTERS ON ALLEGED MISTREATMENT BY EX-CUPERTINO TEACHER

By Dana Hull
Mercury News

A civil trial began this morning of a former Cupertino teacher accused of physically abusing a special education student.

In Gaydos vs. Cupertino Union School District, Ann Gaydos testified that her daughter, Paige, was physically abused by teacher Karen L. Miller. She also said it was difficult to get information from the district, but that she later learned that other parents had similar complaints about Miller.

Ann and Craig Gaydos, who now live in Colorado, allege that over a period of months in 2001 and 2002, Miller caused physical and emotional injury to their daughter. Paige, now 11, has Asperger's syndrome, a neurological disorder similar to autism, and was in Miller's special education classroom at Eisenhower Elementary in Santa Clara.

The alleged abuses range from smearing a burrito in Paige's face and hair to pushing her on the floor and sitting on her.

Under state law, special-education teachers can restrain students in danger of harming themselves or someone else, but regulations govern how restraint should be practiced and documented. Mark Davis, a San Jose attorney who represents both Miller and the school district, said there is no proof that any of the alleged abuse occurred.

No criminal charges were ever filed against Miller.

But Andrea Tytell, a special-education attorney representing the Gaydos family, said that at least six other Cupertino Union parents have come forward and are willing to testify about other incidents of abuse by Miller.

Some parents are expected to be called to the witness stand today.
Cupertino Union, renowned for high test scores, is widely thought of as one of the top school districts in the state. It is the largest elementary school district in Santa Clara County, serving more than 16,000 students.
Tytell contends that Cupertino Union was complicit in the abuse because district officials repeatedly backed up Miller when concerns arose and regularly assured the Gaydos family that nothing was wrong.
Tytell has likened what she charges is a pattern of abuse and cover-up to the sex abuse scandal that rocked the Catholic Church. Miller left Cupertino Union in October 2002 to teach in the Knocti Unified School District near Clearlake. She resigned from that district at the end of the 2004-2005 school year, and it's not clear if she is currently teaching elsewhere.

Source: http://www.mercurynews.com/mld/mercurynews/13647042.htm

Mother testifies against teacher

CIVIL TRIAL ON ABUSE ALLEGATIONS BEGINS

By Dana Hull
Mercury News
Wed, Jan. 18, 2006

The civil trial of a former Cupertino special-education teacher accused of abusing a student began Tuesday in federal court in San Jose.
Plaintiff Ann Gaydos alleges that between 2001 and 2002, teacher Karen L. Miller caused physical and emotional injury to her daughter Paige, who was a student in Miller's special-education classroom.

Paige, now 11, has Asperger's syndrome, a neurological disorder similar to autism.

Gaydos, who now lives in Colorado, was the first witness called Tuesday. She readily admitted Paige can be difficult: She has a hard time with transitions, throws tantrums and has been aggressive with her younger siblings. Under cross examination, Gaydos said Paige had been on a variety of medications for anxiety, depression and obsessive-compulsive disorders.

Paige, who may be called as a witness today, had problems in Miller's classroom on more than one occasion, Gaydos said. During one incident when Paige was being encouraged to eat a wider range of foods, Miller allegedly smeared a burrito into the girl's face and hair.
Gaydos is seeking an undisclosed sum from the Cupertino Union school district.

Much of Tuesday's testimony focused on an incident in July 2002, when Paige was a summer school student in Miller's classroom at Dilworth Elementary. Gaydos was called to immediately come to school and pick Paige up.

As they drove home, Paige burst into tears.
``Mommy, I've been hurt all day,'' Gaydos testified the child said. Gaydos later learned that Paige had been ``restrained'' at least three times that day and suffered a bruise on her arm.
Under state law, special-education teachers can restrain students in danger of harming themselves or someone else, but regulations govern how restraint should be practiced and documented. Gaydos testified that she never witnessed Miller restrain her daughter, but heard about it from aides and other parents.

Mark Davis, a San Jose attorney who is representing both Miller and the school district, says there is no proof any of the alleged abuse occurred. No criminal charges were filed against Miller, even though police went to the Gaydos home and took a report.

Andrea Tytell, the attorney representing Gaydos, plans to call to the stand several Cupertino parents who also allege they had abusive experiences with Miller.
Paul Naleid testified Tuesday that his daughter Maya was regularly restrained when she was a student in Miller's classroom in 1998.
``Kids were put in closets,'' said an emotional Naleid, who admitted that he never saw any of the incidents.
Naleid pulled his daughter out of the Cupertino schools and now lives in Oregon.

Cupertino Union, renowned for high test scores, is widely regarded as one of the top school districts in California. It is the largest elementary district in Santa Clara County, with more than 16,000 students.
Tytell alleges that Cupertino Union was complicit in the abuse because district officials backed Miller when concerns arose and regularly assured the Gaydos family that nothing was wrong.

The trial resumes at 9:30 a.m. today and is likely to continue next week.
When defense testimony begins, Davis plans to call Miller, who left Cupertino Union in October 2002, to the stand. He also will call Cupertino parents who will testify on Miller's behalf.

Contact Dana Hull at dhull@mercurynews.com or (408) 920-2706.

Source:  http://www.mercurynews.com/mld/mercuryne..._peninsula

being encouraged to eat a wider range of foods
I have involuntarily vomited from having foods shoved in my face. I say this alone should be a criminal offence.

Paige testified at the trial that the burrito incident was really her fault.  You see, her mouth and nose "were so close together that when my teacher forced the burrito into my face I couldn't breath, so I pushed it away."

At that point most of the jury was in tears.

We didn't want Paige to testify -- the defense attorney insisted.  He thought he could make her crack under cross examination.  But, being true Aspergers, she never changed a single detail of her story, because she was telling the absolute truth.  The defense attorney's tactic backfired, as afterward the jury said Paige was the most credible witness of the trial (and we had several very credible witnesses).

The jury awarded $700k for "negligence" and "deliberate indifference".  In legal terms "deliberate indifference" is a very serious charge -- one step higher than "gross negligence" and usually very hard to prove.  You must show that the school district leadership knew a problem existed that could cause harm to students and took no action to correct it.   $450k of the settlement was because of the "deliberate indifference" charge.

It may have helped that 3 of the 7 jurors had been school teachers -- one had been a special ed teacher -- so they knew the district's excuses were nonsense.

Wow!  Good for Paige that she was willing to testify and did credit to herself.  Welcome to AFF.

Welcome to AFF, Craig - and thank goodness you had the courage and steadfastness to take action to see justice done and cruelty exposed.

The whole legal process must have been a great burden and ordeal, not just for Paige, who had to endure this cruelty, but for the whole family.

By challenging and exposing wrong-doing against AS people, you have helped us all.

Thank you.

Stella