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Family of child with autism receives $325,000 in settlement with LaPorte school district

South Bend Tribune - 10/15/2021

Oct. 16—The LaPorte Community School Corp. is settling with the family of an autistic girl who was allegedly restrained with a custom-made, wooden structure in 2017 for $325,000.

The payout comes as part of a settlement agreement between the district and the family of Kennedi Castle, according to documents obtained by the Tribune through a public records request.

In a lawsuit, Heather and Charles Castle, said the staff members at Kingsford Heights Elementary School placed wooden partitions, covered with a felt-like material, around their daughter Kennedi's desk to prevent her from moving around during class.

In exchange for the $325,000 payment, Kennedi's parents agreed to dismiss the lawsuit. The settlement was reached Tuesday morning, minutes before a trial was scheduled to begin in federal court.

"We're very happy with the settlement," said Heather Castle on Wednesday. "Of course, the settlement is for Kennedi. It's something no family or child should have to go through; it shouldn't be like this."

She said the money will go toward "services Kennedi needs moving forward."

Corbin Fowler, an attorney representing the Castles, said the settlement came about at the last minute because his clients had to "prove to them that we had a good case."

As a condition of the agreement, the district does not admit wrongdoing in regard to the 2017 incident and still "vigorously disputes" the Castle's claims.

A spokeswoman for the LaPorte school district declined to comment on the settlement Friday.

The settlement contains no other significant terms, such as potential revisions to the district's special education policies, but the Castles hope their legal action leads to positive changes for other children with disabilities.

History of the lawsuit

The lawsuit, filed in 2018, alleged that Kennedi's parents noticed she started having nightmares and hated to wear a seatbelt or participate in any structured activities. They also noticed some small cuts around her midsection.

Kennedi was 7 at the time and cannot effectively communicate her thoughts because of her disability, the lawsuit said.

A week after the change in Kennedi's behavior, Charles Castle slipped past the principal and went to Kennedi's classroom. When he got there, he found a desk with Kennedi's name on it. Underneath the seat was a raised wooden platform, and the desk top had boards forming partitions on two sides.

William Castle also saw a belt on the desk, presumably used to strap Kennedi into the chair to restrict her movement, the complaint says.

The Castles' complaint says teachers working with Kennedi confined the girl to the "restraint chair" for extended periods of time over more than five days.

Indiana law allows school staff members to restrict a child's movement only as a last resort in response to "an immediate risk of injury," or if the child's parents agree beforehand to such measures.

Schools should only restrain a child for a short period of time, according to state guidelines, and restraint should not be used routinely to address behavioral problems, such as students being disrespectful or leaving their seats.

State code also requires schools to inform parents when restraint is used on their child.

The Castles have since moved to Valparaiso and currently home school Kennedi, who is now 11.

Lawmakers and educators around the country have placed increasing scrutiny on the use of restraint and seclusion. In 2012, students were subjected to physical restraint or seclusion at least 267,000 times around the country, according to federal data examined by ProPublica, a journalism nonprofit. Those cases included schools using tactics such as handcuffs, duct tape and isolation rooms.

In 2013, the Indiana General Assembly created the Commission on Seclusion and Restraint in Schools, which drafted the model policies for local schools. Lawmakers required school corporations to create their own policies to follow the state guidelines, and to track and report to the state their annual uses of restraint and seclusion.

In the 2016-17 school year, LaPorte Community Schools reported six uses of restraint and no uses of seclusion, according to state data.

Email Marek Mazurek at mmazurek@sbtinfo.com. Follow him on Twitter: @marek_mazurek

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