PRESS RELEASE: Federal civil Rights Lawsuit, Oroville City Elementary School

Federal civil rights lawsuit filed against Oroville City Elementary School District, district administrators, and special education teacher after teacher illegally restrains and physically harms a non-verbal five-year-old student with special needs and district attempts to cover up incident.

The Incident

On February 15, 2022, a five-year-old kindergarten student diagnosed with Autism Spectrum Disorder was illegally and improperly restrained by an Oakdale Heights Elementary School special education teacher. Oakdale Heights Elementary is part of the Oroville City Elementary School District in Butte County, which is currently subject to ongoing monitoring by the California Department of Justice after the Attorney General filed a complaint against the District in 2020 for using excessive disciplinary actions against students with disabilities. The special education teacher unnecessarily used physical restraint as a form of discipline with the kindergartner, resulting in red marks, bruising, and scratches on the child’s arms. Because of the trauma caused by this incident, a young student who once loved going to school, and was outwardly excited to go to class each day, started becoming visibly upset and inconsolable when the topic of “school” was discussed. It took over six months and multiple therapy sessions for the student to gradually work up going back to school. The student’s parents had to homeschool him in the meantime.

In addition to this, considering the illegal and improper restraint and adverse behavioral outcome for the student, the school also failed to file a mandated child abuse report to the proper authorities. According to California Penal Code sections 11165.7 and 11166, teachers, instructional aides, classified personnel, and administrative officers are considered mandated reporters, requiring them to immediately report any form of child abuse or wrongful neglect. Reporting the restraint and physical harm the student endured on February 15, 2022, should have been one of the first actions taken by District staff. The District also failed to investigate the incident, allowing the teacher to return to the classroom the very next day. Parents were notified of the incident by an outside agency instructional aide assigned to work with the student. Because of the District’s failure to act, the student’s father was tasked with reporting the incident to the Butte County Sheriff’s Office himself.

Calling on School districts

Before this incident, the Oroville City Elementary School District was unwilling to provide the student with reasonable accommodations that are necessary for him to meaningfully access a public school education, just like any other student. The student’s parents have had to fight with the District every step of the way to obtain the necessary support and services their son needs to successfully attend school.

Unfortunately, the events that occurred on February 15, 2022, are not unheard of. Illegal restraint and seclusion practices are still used on a regular basis in many public schools for students with disabilities who cannot communicate and report the actions to their parents.

School districts must be held accountable and policies need to change. Districts must adequately train and empower their personnel to instruct and treat all students with the utmost care and compassion, regardless of disability. The disproportionate use of improper discipline measures for students with special needs in public schools is alarming. Schools should be a place of inclusion, protection, and safety for all children. Every family has the right to know that they are sending their child into a safe and healthy environment when they drop them off at school each day. School districts must do better.

For media inquiries, the representing attorney and parents of the child are available upon request, please contact the Medina McKelvey Legal Team below:

Allison Hyatt
Medina McKelvey LLP Attorney & Partner
Employment Litigation | Educational Rights 925 Highland Pointe Drive, Suite 300
Roseville, California 95678
(916) 960-2211
media@medinamckelvey.com