Autistic children’s attorney pushing forward suit against Darien

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Autistic children's attorney pushing forward suit against Darien

Written by Shultz

Tuesday, November 04, 2008

The attorney representing four autistic children who alleges they

were abused during the 2003-04 school year in the Darien School

District is asking a judge to deny the school's attempt to dismiss

the case.

Attorney Mark Sherman filed a motion earlier this fall asking the

judge to allow the case to go to trial despite an attempt by

defendants (including the Board of Education and the Town of Darien)

to have the case dismissed.

Sherman said that the case is " rooted in the negligent supervision of

the Early Learning Program at Hindley " and he has taken two years of

depositions from 20 witnesses to support that.

He said defendant , who was in charge of the classroom,

was overwhelmed in administrative work and had teachers' aides in

charge who were not certified and had no experience.

Sherman said the aides, Johanna Galiatsos and Kim Granite, were fired

but only after his clients suffered six months of abuse.

Examples of abuse by the aides in Sherman's motion include slapping

of the children's hands, slamming them in a chair, pushing them down,

and verbally abusing them by telling them to " stop being a baby. "

At the time, three of the children were three years old, and one was

four.

In his motion, Sherman says the school system is " replete with

dysfunctional polices, procedures and personnel. "

He cites that the defendants showed " flagrant disregard " of concerns,

downplayed abuse teaching practices, and accuses them of " negligently

hiring, training and supervising educational aides " to work with the

children.

Sherman says in his motion that was impressed with Galiatsos'

ability to train her dog, " so much so that she thought those skills

would be a great fit for a special needs classroom. "

" My clients were treated worse than dogs and it's time this school

system be held accountable, " he said in an e-mail to The Darien Times.

Other abuses alleged in Sherman's motion include the aides taking

turns " growling " at one of the children until the child was brought

to tears, then " laughing about it " and bragging about being able to

make the child cry, " routinely getting loud " with the children and

telling them to " shut up. "

Sherman says that a high-ranking union official admitted she helped

the board investigate the abuse and then shredded the notes.

" Clearly there was a cover-up going on in this investigation, and

with victims who are nonverbal, autistic preschoolers, it made it all

the more easier to execute, " he said.

Sherman said the judge will make a decision on whether or not to

dismiss the case over the next few months.

" The town continues to abuse my clients and their families by

refusing to accept responsibility and making my clients suffer

through the additional humiliation and embarrassment of a trial, " he

said.

Schools Superintendent Fiftal and Board of Education Chairman

Boulton declined comment, saying they do not comment on pending

litigation.

In 2007, the school district prevailed on a due process hearing

regarding the use of a padded room at Ox Ridge Elementary School.

Special education parents were seeking tuition from the district for

their autistic son to attend a private school after the mother said

the child was placed in the room inappropriately.