Massachusetts family files lawsuit against school district and staff following repeated use of restraint on a third-grade student.
A young, African-American child, identified as "M.W." in legal proceedings, attended Glover Elementary School in Marblehead, Massachusetts, as a third-grader from September 2023 to March 2024, as part of the state's voluntary school integration program called the Metropolitan Council for Educational Opportunity (METCO).
Media outlets, including CNN, have chosen not to reveal the child's identity or that of his mother, due to concerns about their emotional well-being.
During the 2023-2024 academic year, Glover Elementary School had a student population that was predominantly White, with less than 2% being African-American, according to the Massachusetts Department of Elementary and Secondary Education.
While attending the school, M.W. was allegedly subjected to multiple forced restraints by employees. On these occasions, the lawsuit claims, the employees "grasped his wrists forcefully," "dragged him down school hallways," and on at least one occasion, "surrounded him with a large gym mat, trapping him," and forced him to move to secluded rooms.
According to the lawsuit, these actions caused the child to experience severe asthma attacks and vomiting.
The lawsuit documents three separate incidents of restraint, one of which occurred on December 6, 2023, after M.W. was alleged to have a baseball bat and was swinging it at school staff. However, this account is not corroborated by video evidence. Later that day, M.W. required emergency hospitalization via ambulance due to a worsening asthma attack.
An employee reportedly witnessed this incident and submitted an anonymous complaint to the Massachusetts Department of Children and Families (DCF), a child welfare agency.
M.W.'s mother withdrew him from the school in March, expressing a desire for accountability from the district and demanding changes in how Black and Latinx children are treated. She also called for reforms in Massachusetts restraint laws.
School guidelines state that restraint should only be used when necessary to protect a student or another member of the school community from harm, and it should not be used if a student cannot be safely restrained due to medical reasons, such as asthma.
Four school employees were placed on paid administrative leave in December while the district reviewed its student restraint policies. The current status of these employees is unknown.
The lawsuit seeks damages and demands that M.W.'s student record be cleared.
In response to CNN's inquiries about incidents between September and December, the interim superintendent, Theresa McGuinness, shared a statement, saying that when district leadership learned of the allegations, they initiated an external investigation and took appropriate action.
DCF confirmed that it received a report and launched an investigation, which resulted in findings of supported neglect for five allegations against M.W.'s caregivers. Three of these caregivers are named as plaintiffs in the lawsuit.
The school district also commissioned a third-party consulting firm to investigate a November incident where staff were accused of using a padded mat to control M.W.'s movements. During this incident, the student experienced asthma symptoms and vomited. It was allegedly only then that a school employee provided M.W. with his inhaler.
The independent investigators' redacted report aligns with the lawsuit's description of the November 20 incident, including the use of a padded mat to transport a student. M.W. was reportedly the student referenced in the consulting firm's report.
The report concluded that the staff involved in the incident used techniques not in line with proper procedures outlined in Safety-Care training. It also noted that, while school staff had the right to use restraints to prevent potential harm, the violation of procedure was their chosen method of restraint.
The report characterized the act of confining (M.W.) with a mattress as an unjust burden for (M.W.) and unnecessary for establishing a secure environment. Moreover, the choice of restraint was ineffective, according to the report.
It was also determined that the use of the mattress in this particular instance ... contravened the commonwealth’s rule restricting the use of " méchanical restraint...and self-containment."
In March, the district proposed a new strategy for managing student restraints, titled “Restraint Response Plans ... Our Path Forward.”
This plan includes, among other things, requiring all staff to participate in training on restraint prevention and behavioral support policy, and requiring staff debriefings after “any significant escalation” to "prevent and reduce future incidents."
Richmond Walton stated that M.W. has already transferred to a different school, but he's still grappling with trauma due to the incidents.
In a statement shared with CNN through her attorney, the mother of the now 9-year-old expressed her concerns about her son's transition to his new school.
"The teachers say he is showing signs of trauma," she said. "It's heartbreaking to see that my baby is not the same. I cry every day."
According to a report from the US Department of Education’s Office for Civil Rights, "around 52,800 K-12 students experienced physical restraints, mechanical restraints, and/or seclusion" during the 2020-2021 school year.
While Black students represented 15% of K-12 public school enrollment during the same period, the report revealed they accounted for 21% of students subjected to physical restraints, 42% of students restrained using devices or equipment, and 19% of students placed in seclusion.
Boys, Black students, students of dual racial heritage, and students with disabilities were also more likely to be restrained, according to the report.
Richmond Walton told CNN the child's mother suspects her son's race influenced the repeated use of restraints.
"She's almost 100% certain that this wouldn't be happening if he were White," she said. However, Richmond Walton noted that METCO should not be held accountable, and she believes the school district bears the responsibility.
"Schools participating in the METCO program are obligated to be welcoming and respectful of the students of color attending these schools," she said.
According to the commonwealth’s department of education, the METCO program "is an optional program meant to enhance educational opportunities, boost diversity, and reduce racial segregation in urban and suburban communities."
It enables students from Boston and Springfield to attend schools in other districts with greater financial means. METCO at present serves approximately 3,200 students across 38 school districts in metropolitan Boston and beyond Springfield.
METCO President and CEO Milly Arbaje-Thomas stated in a statement that the program continues to work towards "equipping our METCO districts with the necessary tools and resources they need to recognize, address, and correct racial harm in their communities."
