Like many 10-year-old boys, Drake Donahue enjoys riding his scooter.
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But unlike most boys his age, Drake has autism and has limited communication skills.
Drake's mother, Toni Donahue, said she was informed in April Drake was put in a safe or seclusion room in his special education class at Prairie Center Elementary due to a behavior issue.
After a request, Olathe Public Schools sent 41 Action News pictures of the seclusion room.
Courtesy Olathe Public Schools
"And I told them to stop, and they said no and gave like the details that were kind of vague and spread out," Donahue said.
"It's not a regular intervention or part of a behavior plan; it is used for emergency purposes," said Erin Dugan, Assistant Superintendent of Olathe Public Schools.
Current Kansas law says a child with a disability shall be placed in a seclusion room only if the behavior of the student presents an "imminent risk of harm."
Erin Dugan
"I've seen firsthand very sad situations of young, small children that are incredibly violent and aggressive," said Dugan.
"We're sticking these little kids in these little prison cells because teachers are failing to manage their classrooms,"' said Donahue.
Seclusion room records for area schools
41 Action News asked for seclusion room records for the Blue Valley, Shawnee Mission and Olathe school districts -- all similar-sized systems.
In the first semester of this current school year, Blue Valley put 22 students in seclusion, Shawnee Mission 24 students and Olathe 26 students.
All of them are special needs students.
While those numbers are similar, the number of times the seclusion rooms were used varies.
Blue Valley's 22 students were secluded 106 times, or on average just under five times per student. The average time in the seclusion room was 6 minutes.
Shawnee Mission's 24 students were secluded 236 times or close to ten times per student. The average time in the seclusion room was 6.7 minutes.
Olathe's 26 students were secluded 480 times or more than 18 times per student on average. The average time in the seclusion room was 5 minutes.
"That's very alarming. It's very alarming that those numbers are that high," said Jennifer Smith, Autism Society of the Heartland Director. "That tells me what's going on?"
According to a report published by the Autism National Committee in July, "seclusion and restraint are highly dangerous interventions that have led to death, injury and trauma in children."
The report goes on to say "neither practice should be allowed absent an emergency posing a serious danger to physical safety."
Seclusion room bill in front of Kansas lawmakers
The Kansas Legislature is currently considering a bill to require more specific documentation of seclusion room use, more strict training requirements and same-day parental notification.
"We are very much behind the efforts with several other organizations to support this bill," Smith said.
With the help of his mom, 41 Action News asked Drake if he wanted to stay or get out of the seclusion room.
"Get out of the room," said Drake.
Drake Donahue
When 41 Action News asked Toni Donahue what the impact of seclusion room use has been on her son she said, "Oh, he's totally traumatized."
Donahue said Drake would run away screaming from his teacher and gets scared when he hears the school bus coming by their home.
Toni Donahue
In October, she pulled Drake out of school and is now home schooling him.
"At no time are any of our practices in seclusion or restraint ever putting a student in any physical danger," said Dugan.
Olathe Public Schools conducted its own internal investigation of Donahue's complaints about the use of the seclusion room on her son.
Two outside agencies, the Olathe Police Department and Kansas Division of Family Services, ruled they were unfounded.
However the Kansas Department of Education has conducted its own investigation. Results of that probe are pending.
Donahue has also filed a civil rights complaint with the U.S. Justice Department. The feds have yet to decide whether or not to investigate the case.
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Andy Alcock can be reached at anderson.alcock@kshb.com.
