PARENTS 2.5 YEAR "COURT SENTENCE" FOR REFUSING TO ALLOW THE RESTRAINT OF THEIR 8 YEAR OLD SON, ENDED IN DISMISSAL BY JUDGE THOMAS KIRKMAN

JUDGE THOMAS KIRKMAN DISMISSED THE CASE AGAINST THE PARENTS AFTER A PRELIMINARY HEARING ON MARCH 24, 2011 AT NEW BEDFORD THIRD DISTRICT COURT IN MASSACHUSETTS.



Photo by John Sladewski/The Standard. Accompanying Story by Curt Brown- Dartmouth Superintendent Stephen Russell was "2010 Standard Times Man of the Year." Published December 24, 2010.

On October 17, 2008, Dartmouth Public School Superintendent Stephen Russell had contrived a scheme with staff of James M. Quinn Elementary School-Lorraine Granda, Wendy Weidenfeller, and Richard Porter; members of the Dartmouth Police Department- Captain Dennis McGuire, deputy police chief Gary Soares, officer Sean McGuire, and officer Kyle Costa;and the Department of Children and Families (DCF) case workers Nancy Amaral and Bonnie Arruda to get parents Pearl and Irwin Jacobowitz to leave the town of Dartmouth, Ma.

According to the complaint, Pearl and Irwin Jacobowitz were arrested for disorderly conduct and resisting arrest on October 17, 2008. The parents were late picking up their children from school due to transportation issues with Dartmouth school department. The parents elected to transport their 8 year old son, diagnosed with autism, to his special needs program in Swansea, when the school department decided to restrain him on his school van, rather than provide an experienced one to one aide. Due to the lateness, Stephen Russell had the police and DCF called, alleging that the parents abandoned their children. DCF intake report indicates that upon the parents arrival at James M. Quinn Elementary School, New Bedford DCF decided that an ER response was not necessary. Officer Sean McGuire and Kyle Costa arrested the parents only after DCF refused to take custody of the Jacobowitz's children. A return call was made to DCF by Principal Granda, informing DCF that the parents were arrested, triggering DCF to take temporary custody of the children.

Dartmouth Police Officer Sean McGuire is the son of Dartmouth Police Captain Dennis McGuire, who served 32 years on the police force. Mr. and Mrs. Jacobowitz alleged that officers McGuire and Costa assaulted and abused them when they could not produce identification. According to DCF investigation report, Lt. Gary Soares stated, "This could have been avoided as if they had shown their identification and provided an address they would have left the school with their children." Sheriff records indicate that the Jacobowitz's did not possess identification. The Jacobowitz's alleged that they were videotaped at the school and during the booking at Dartmouth Police headquarters on October 17, 2008; the school's superintendent and Dartmouth police department both claim that in 2008, there was no videotape equipment ever used in the school, nor police department.

On March 24, 2011, the State's case against the Jacobowitz's was dismissed after more than 2.5 years. Attorney Stephen Dalrymple and Kristen Hammond represented the Jacobowitz's and the Bristol County District Attorney's office represented the Commonwealth of Ma. A preliminary hearing was held in which officers Sean McGuire and Kyle Costa testified. On March 23, 2011, all other witnesses were excused from testifying, to be resubpoenaed if the case proceeded to trial. School witnesses were not present at the courthouse, but was on stand by if needed for trial.

Based on officer McGuire's testimony that he and officer Costa were conducting a health and welfare check of the children on October 17, 2008 at the school, Judge Kirkman found that the officers had probable cause to conduct their investigation. Attorney's for the Jacobowitz's indicated that the state's evidence was too weak to proceed to trial. The District Attorney's Office did not want school personnel to testify at trial.

In closing, the District Attorney stated, "the Jacobowitz's allege conspiracy, conspiracy, conspiracy, amongst the school, police, and DCF"; asthough it is impossible. Attorney Kristen Hammond asked officer McGuire, "Is it a crime to pick up a child late from school?" "No", stated officer McGuire. "Did you ever once stop and ask Mrs. Jacobowitz what her concerns were about the school?" Officer McGuire responded, "No." Attorney Stephen Dalrymple, in closing, told Judge Kirkman, "Your honor, this is not Nazi Germany, where you demand to see someone's papers."

FAMOUS WORDS OF WISDOM FROM DARTMOUTH PUBLIC SCHOOL SUPERINTENDENT STEPHEN RUSSELL

- "I think we all have to be careful not to jump to conclusions, based on limited information, rumor, and fear."

- "Whatever happened to innocent until proven guilty?"

- "Federal and state laws guarantee all students a free and appropriate public education."

Pearl and Irwin Jacobowitz served a 2.5 year "court sentence", because they were judged guilty before being proven innocent, in order to protect the school district, police, and DCF. It is true that the law guarantees all students a free and appropriate public education, but the schools and government do not. The Jacobowitz's children were out of school more than 500 days due to a restraining order issued by Supt. Stephen Russell, preventing their parents from bringing them to school.

The Bristol County District Attorney's Office spent 2.5 years wasting taxpayer's hard earned money prosecuting parents who refused to restrain their 8 year old son on his minivan to school. Public money should never be used to support a "School's Abuse of Power", but to prosecute school officials who inappropriately restrain and abuse children.

Superintendent Russell, you are truly "Man of the Year."

A Civil Case is currently being discussed by the Parents and attorneys.

SENATOR SCOTT BROWN VISITS R.I.

U.S. SENATOR SCOTT BROWN EXPERIENCED ABUSE AS A CHILD,
HOW WILL HE PROTECT OUR NATIONS CHILDREN FROM ABUSE TODAY?



Irwin and Dakota Jacobowitz visiting with U.S. Senator Scott Brown.

On March 5, 2011, U.S. Senator Scott Brown visited Rhode Island to promote his book,
"Against All Odds." Sen. Brown was elected on January 19, 2010 by the people of Massachusetts, to fill the term of the late senator Ted Kennedy. He lives in Wrentham, Massachusetts, with his wife, Gail, and their two daughters, Ayala and Ariana.

Senator Brown's book, "Against All Odds", is an example of resilience and redemption. He tells the story of his difficult, nomadic childhood with a life contrived of alcohol, anger, and violence. He discusses being fondled by a camp counselor when he was 10 years old. Senator Brown did not believe that his greatest win occurred on January 19, 2010 when he captured the U.S. Senate seat held by former U.S. Senator Ted Kennedy for nearly 50 years, but when he survived a savage beating by his drunk stepfather when he was six years old, while trying to protect his mother.

Looking at his life in retrospect, Sen. Brown said, "I can honestly say that there isn't one thing that I would change: not the arrest, not the violence, not the hunger, not the beatings and the brute struggles. I wouldn't change any of it, because those years and that life made me the man I am today."

At the book signing, Senator Scott Brown did not speak much about how he plan to use his past experiences to address the issues of child abuse in our nation today an dhis views on the Preventing Harmful Restraint and Seclusion in Schools Act. RI families Against Restraint will meet with U.S. Senator Brown in the near future to discuss these important issues plaguing our nation's children.

UPDATE! NEW BEDFORD TRIAL RESCHEDULED! NEW DATE- MARCH 23, 2011. COME OUT AND VOICE YOUR OPINION!

PARENTS AWAITING TRIAL FOR 3 YEARS, FOR REFUSING TO RESTRAIN SON!

Parents refused to allow their son, diagnosed with autism, to be restrained on a school van as a first resort. The Dartmouth Public School Department failed to provide an experienced aide to accompany the child to school, because it cost $. After the parents complained to the Bureau of special Education (BSEA) and the Office of Civil Rights (OCR) in Boston, MA., the school's superintendant, Stephen Russell, had the parents arrested on false charges-resisting arrest and disorderly conduct, in front of their children and school staff. To date, Dartmouth's Personnel- Superintendent Stephen Russell, Special Education Director Linda Maniglia, Principal Lorraine Granda, Vice principal Richard Porter III, Wendy Weidenfeller- has not spoken about the incident, but were subpoenaed by the defense to testify in the case on March 23, 2011.

The trial was ready to go on February 24, 2011, but calls started to pour into the Bristol County District Attorney's Office and attorneys Kristine Hammond's and Stephen Dalrymple's offices (attorneys for the Parents)from the State's witnesses (Dartmouth Public School employees). The witnesses stated that they were on vacation and would not be in court on February 24, 2011. The case was rescheduled on several occasions before due to the State's witnesses not being able to appear, because they had to run a school. The defense will seek warrants if state witnesses do not appear for trial on March 23, 2011.

It is important to preserve a Parent's right to say "NO" to restraints, Seclusion, and Abuse.

Advocacy groups, Opponents of unneccesary and inappropriate use of restraints and seclusion, Parents, grandparents, concerned individuals will voice their opinion about the use of restraints, seclusion, and abuse in our schools outside the court house on March 23,2011.Posters and Pictures of children restrained and abused will be displayed. Pictures of children that died due to restraints and abuse in schools will also be displayed.

COME OUT ON MARCH 23, 2011 TO THE THIRD DISTRICT COURT HOUSE IN NEW BEDFORD, MA.- Show your support, Voice your opinion, Remember the children that died, and Help prevent more children from dying.

SCHOOL LOBBIED TO STOP ELECTRIC SHOCK BAN

Canton facility spent $100,000 on effort



One of two video monitoring rooms at the Judge Rotenberg Center in Canton. Live camera feeds throughout the facility can be viewed, including activity in restrooms. (John Tlumacki/ Globe Staff/ File)

By Donovan Slack

Globe Staff / February 28, 2011

WASHINGTON — The Judge Rotenberg Educational Center, a special-needs school in Canton that disciplines students with electric shocks, used a sophisticated lobbying campaign in Congress last year to help defeat a ban of its controversial techniques, according to recently released public documents.

Although the center declined to discuss its strategy for 2011, the legislative battle is expected to be rekindled this year.

The center, the only school in the country that uses electric shocks to modify behavior, launched its Capitol Hill campaign after the House approved a measure last year outlawing the use of restraints and some other devices to control students. The bill did not explicitly reference shock devices, but lawmakers said the ban would have applied to the Judge Rotenberg Center’s practices.

Critics say the electric shocks — which are the subject of ongoing state and federal investigations — are inhumane. But school officials and parents say they are necessary, a last resort to prevent severely disabled children and teens from harming themselves or others.

The center paid $100,000 last year to a law firm headed by former GOP presidential candidate Rudolph Giuliani in a successful effort to help stifle the measure in the Senate, according to 2010 lobbying disclosure records released in January. The bill died in the Senate Health, Education, Labor, and Pensions Committee.

As part of the campaign, it transported parents and students to the Capitol to argue the point in private meetings with senators and staff. The parents told lawmakers that their children would be dead or institutionalized without the center and its unorthodox methods, said Edward D. Krenik, a top Washington lobbyist who led the campaign. “They have a pretty powerful story,’’ he said. “There were folks that were visibly moved.’’

(See Story section for full story)

IF SCHOOL DISTRICTS HAVE THE MONEY TO BUILD SECLUSION ROOMS, THEY SHOULD HAVE THE MONEY TO BUILD COMFORT OR SENSORY ROOMS

The practice of restraint and seclusion presents a very serious health and safety risk to all students, and is most often used to control behavior of young students with disabilities and noncompliance issues. Restraints should only be used as a very last resort and when behavior poses an imminent danger and substantial risk of physical injury to the student or others. Protections for students are long overdue. Each day we delay, school children are traumatized, injured, and killed.

Seclusion/Solitary Confinement should NEVER be used on children with disabilities. If School Districts have the money to build seclusion rooms, they should have the money to build comfort or sensory rooms to help our children when they become overwhelmed. Our children are not criminals and do not deserve to be locked up in seclusion/solitary confinement rooms.

APRAIS plans to hire experienced federal education legislation to help educate Congressional members and work toward passage of a strong bill. Please help "Families Against Restraint and Seclusion" by supporting our cause to stop restraint, seclusion and aversive treatments used on our children by making a contribution of $10 (or more if you can). TASH will act as the fiscal agent, and donations can be made out to "TASH" for "Restraint and Seclusion Advocacy" at http://www.tash.org/index.html (Go to the top right side of the screen for information). Please identify yourself as a parent advocate (next to your name) when making your donation.

PLEASE help stop the unnecessary use of restraint and seclusion used on our children with disabilities in the public school system by supporting our cause. Our children are counting on us to keep them safe.

Please email us back if you have any questions or concerns and please pass this on to other parent advocates and others who would like to support this cause.

Regards,

Rhode Island Families Against Restraint and Seclusion
http://RIfamiliesagainstrestraintandseclusion.blogspot.com/

SOMETIMES A VIDEO SAYS IT ALL!

FAMILIES OF THE CHILDREN, THE HEROES, WHOSE LIVES FELL SHORT, WHOSE LIVES WERE FILLED WITH PAIN BY RESTRAINT, SECLUSION, AND ABUSE TELL THEIR STORIES

http://www.youtube.com/watch?v=QnTHmjpaT1s

(See M.A.D section for direct link to site)

AKRON MOM, PENNSYLVANIA DAD, JAILED FOR 10 DAYS FOR WANTING A BETTER EDUCATION FOR THEIR CHILDREN- Parents Learn That Wanting A Quality Education Cost

American Courts Are Sending The Wrong Message About Disparity In The United States Education System- “SEPARATE AND UNEQUAL” is O.K.

Let’s take a step back in time to remember the infamous case “Brown v. Board of Education of Topeka”, now let’s fast forward to the present, the cases of Summit County v. Kelley Williams-Bolar and The Commonwealth of Pennsylvania v. Irwin Jacobowitz.

Outrage pours out over courts, schools, administrators, and educators punishment of parents who seek a better quality education for their children. No longer is race the leading factor separating children from a quality education, it is their parent’s financial status, parent’s tax bracket, the neighborhood in which they live, and who they know. Don’t jail the parents for wanting a better education for their children, jail school officials for not providing one-“POOR CHILD LEFT BEHIND.”

Many in affluent neighborhoods may applaud the latest Summit County court decision, but overall the lack of education or a poor quality education for our youngest citizens in our country destroys the economy. Summit County Judge, Patricia Cosgrove, sentenced Akron mom, Kelley Williams-Bolar, to 10 days in jail on felony charges after she was convicted by a jury and sentenced to 5 years in prison (two terms). Ms. Williams-Bolar was convicted on record tampering so that her children could attend Copley-Fairlawn Schools. The Copley-Fairlawn School district maintained that the mom lied on affidavits by swearing that her two children lived at her father’s address. Her father lived in the school district and paid school taxes. The district spent $6,000. of tax payer dollars for a private investigator to follow Ms. Williams-Bolar.

Dad, Irwin Jacobowitz, is too familiar with Ms. Williams-Bolar’s situation, he too was sentenced to 10 days in jail in Chester County Pennsylvania in 2007. Mr. Jacobowitz was thrown in prison in Pennsylvania for 10 days for advocating for his son, diagnosed with autism, to receive an appropriate education without being restrained in school. After serving the 10 days in prison, Mr. Jacobowitz was marched into court with shackles on his ankles and wrists, in front of school officials, his wife, and three children aged 8, 6, and 4.

In response to America’s failing schools, the American public has expressed its’ discontent for legal cases that punishes parents who advocate for a better quality of education for their children. Education reform centers on the existence of better quality schools. On January 25, 2011, President Obama spoke about restoring the nation’s schools to a position of prominence and excellence. How long can our children wait?