A mother of a boy with autism has mostly lost her appeal of an isolation room case against Olathe Public Schools.
An appeal committee for the Kansas Department of Education reviewed 15 separate issues and only overturned one of the rulings by that agency’s investigator.
Toni Donahue filed the original complaint and appeal on behalf of her son, Drake, claiming special education laws and regulations weren’t followed.
Donahue pulled Drake out of school last October after Drake was put in a seclusion room several times.
Olathe schools representatives say those rooms are only used to prevent injury to the student or others.
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While the appeal committee could not by the Kansas Freedom from Unsafe Restraint and Seclusion Act specifically address individual isolation room uses, the committee report noted mistakes were made. The report says the school violated the law by giving dairy products and chocolate to Drake against directions, overturning the ruling in the original report. Donahue says that food can cause Drake to have behavior issues.
The committee also found Drake’s previous school district, Blue Valley, mistakenly failed to provide Olathe with Drake’s plan to handle behavior issues.
Donahue declined to go through Olathe Schools, as required by law, to complain about individual isolation room uses. Not trusting the district, she opted instead for the Kansas Department of Education complaint.
Donahue plans to file a new complaint with the U.S. Department of Education.
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Andy Alcock can be reached at anderson.alcock@kshb.com.
