Mental health center files civil rights complaint against OKC school district

Nov. 29--An Oklahoma City mental health facility that provides daytime psychiatric treatment for children has filed federal civil rights and retaliation complaints against the Oklahoma City School District.

After 10 years of providing education services to children being treated for psychiatric problems at Positive Changes, the district abruptly declined to renew the contract last summer.

Positive Changes officials filed a retaliation complaint with the school district, claiming district officials took the action as retribution for them having reported three incidents of possible child abuse or neglect involving Oklahoma City teachers to the Oklahoma Department of Human Services Office of Client Advocacy.

Positive Changes also filed a complaint with the U.S. Department of Education'sOffice of Civil Rights, accusing the district of discriminating against students with mental illness disabilities.

The district is accused of violating federal law by refusing to provide free appropriate educational services for about 75 children undergoing mental health treatment at its Positive Change's southeast Oklahoma City facility.

Oklahoma City school officials deny the allegations.

The contract "was not renewed because of Positive Changes' failure to honor the contract, and inability to provide a safe teaching and learning environment," district officials said in a prepared statement.

"Students who attend the day treatment facility are not being denied a free and appropriate public education as they have the option to attend classes at any of their home schools," district officials said. "This includes attending schools throughout our district or the student's resident district since some students are not residents of Oklahoma City Public Schools. In addition, Oklahoma law allows Positive Changes to contract with another school district, including a virtual charter school, to provide services to the students it accepts into its therapeutic program."

Dr. Ethan Lindsey, a psychiatrist and chairman of the board of Positive Changes, said sending these children back to normal Oklahoma City classrooms without proper treatment and transitional measures is not a viable solution because these children have severe behavioral problems. Classrooms would become chaotic and the children would be expelled and have to go to residential treatment facilities that would be more detrimental to the children and three or four times more expensive for taxpayers, he said.

Oklahoma City teachers are already in an uproar over classroom discipline issues, Lindsey noted.

State Rep. Jason Nelson, R-Oklahoma City, said he and state Sen. Kay Floyd, D-Oklahoma City, offered to help negotiate a solution to the impasse, but have found school district officials to be unwilling to cooperate.

"I've just been stunned by the arrogance and indifference to this specific group of kids," Nelson said. "Clearly, they are willfully refusing to follow the law, which is a very serious problem. ... I'm angry about it."

Nelson noted the district is already under investigation by the federal education department's Office of Civil Rights for suspending a disproportionate number of minority students and said he intends to follow the situation closely.

"I'm going to be asking for information from the Department of Education and from the school district, as well as asking for an attorney general's opinion about the district's interpretation of the law and the potential consequences for officials of the district that have been, I think, acting in bad faith."

Chaotic classrooms

Dr. Lindsey disputed the district's contention that classrooms at Positive Changes were unsafe for teachers, but said said they were more chaotic than they should have been last school year because the Oklahoma City School District provided poorly qualified teachers.

Only one of the five teachers the district provided was certified in special education, he said.

Lindsey said it is clear to him that the school district was retaliating against Positive Changes for reporting three incidents of alleged child abuse and neglect involving Oklahoma City teachers.

Investigators found that in one May 1 incident, an Oklahoma City teacher put on a movie, turned out the lights and reportedly fell asleep on a desk. While the movie was playing, a 15-year-old male student and 15-year-old female student mutually fondled and masturbated each other and the girl allegedly gave the boy oral sex. Investigators said a Positive Changes staff member was in the back of the classroom, but a third student intentionally blocked his view.

In a second incident, which occurred May 6, a 7-year-old student accused a teacher of choking him in the classroom after the child refused to sit down. The child's parents reportedly filed a complaint with the Oklahoma City Police Department.

The third incident occurred April 29 when a district-employed substitute teacher witnessed a 6-year-old male student with his hand down the pants of another male student. When the offending student was questioned by his therapist, he reported that a district-employed teacher and other adults had inappropriately touched him.

Positive Changes officials reported all three incidents to authorities, as required by law, even though in the latter case they questioned the truthfulness of the student, Lindsey said. Police investigated the third incident, but closed the case without any charges, he said.

'Privacy issues'

Oklahoma City school officials said student "privacy issues" prevent them from discussing the incidents involved in the retaliation complaint.

"The ... district will cooperate fully with any subsequent inquiries by the U.S. Department of Education as a result of claims made to the agency's Office of Civil Rights," said Mark Myers, media relations director for Oklahoma City Public Schools.

Jeffrey Dismukes, spokesman for the Oklahoma Department of Mental Health and Substance Abuse Services, said state mental health officials are concerned that many school districts around the state have shown an unwillingness to accommodate the educational needs of children with mental health problems.

"Too many Oklahoma families are struggling to get school districts to provide required educational services for their children who are experiencing brain disorders," Dismukes said. "Some school districts refuse to recognize these illnesses as illness, and provide children the same considerations that would be afforded their peers experiencing some other sort of debilitating disease. This is occurring despite laws that say services must be provided.

"There are school districts that are doing a good job, but many others are not. Numerous research studies over the past several years demonstrate the effectiveness of various behavioral health interventions at improving academic outcomes along with greater resilience and emotional functioning. We cannot afford to leave these children behind. They deserve the opportunity to learn and have productive lives, the same as any other child. This is an important issue that must be addressed."

After the Oklahoma City School District refused to renew the contract, Positive Changes turned to Epic Charter Schools, an accredited virtual charter school, to teach students during the current school year.

Lindsey said all the teachers Epic Charter Schools have provided are special education certified and the students are actually learning and performing much better academically and with far fewer classroom behavioral problems this year than they did with teachers provided by the Oklahoma City district.

The problem is students no longer are receiving transportation services and subsidized school meals through the district, he said. Many of the children are extremely poor and need those services, he said.

Lindsey said Positive Changes has been providing food services and transportation, but it is costing an extra $15,000 a month and the cost is not sustainable.

"Clinically, things are going much better, but financially it's a strain," he said.

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