A mom is suing a private school in Kennebec County, alleging her disabled child was assaulted and that school leadership falsified documents to cover it up.
Bobbi Jo Simard of Chelsea filed the lawsuit in Kennebec County Superior Court this week against Central Maine Learning Center in Belgrade and an individual faculty member on behalf of her then 10-year-old child, who has emotional disabilities, according to the complaint. The school is a special-purpose private school for children with disabilities.
It alleges that Simard’s son was assaulted and subjected to “repeated and unjustified” restraint and seclusion during his time at the school, and that leadership and staff deliberately hid the situation by modifying records and not making mandated reports to the state.
The lawsuit comes months after state lawmakers and Gov. Janet Mills passed a law lowering the threshold to use restraint and seclusion on students in schools.
The complaint describes one specific incident where Simard’s child was disrupting class by yelling and getting upset. A staff member told him to leave the classroom, and when he didn’t, the staff member pulled the chair out from under him, causing him to strike his face on a desk and hit his head on the floor. Then, it alleges, at least two other staff members wrote reports documenting that assault, which supervising employees altered to “make it look like an accident.”
That staff member was allowed to resign and was given two weeks pay following that incident, the lawsuit says.
The suit also includes broad allegations that the Learning Center used unlicensed restraints and secluded children even when they did not pose an imminent danger to themselves or others. It accuses the Learning Center of violating the Maine Human Rights Act, infliction of emotional distress, negligent training, assault and battery.
“This is a case about the civil rights of a disabled student and abuse he suffered at a school where he was supposed to be safe,” Simard’s attorney Matthew Morgan said in an emailed statement Friday. “Bobbi Jo filed this lawsuit on behalf of her son to get him justice and with hope to protect other students.”
According to a statement from the Learning Center reported by other news outlets, the school acknowledged the incident with the chair and confirmed that the involved staff member is no longer employed by the school, but denied the broader allegations.
“We take all matters of student safety seriously,” the statement said. “Our staff receive regular training, and we remain focused on prevention, swift action and maintaining a safe, supportive environment for every student.”
A school leader did not immediately return a request for comment Friday.
The bill adopted by state lawmakers this year expands the situations in which teachers can use restraint and seclusion on students. It was sponsored by York Democrat Rep. Holly Sargent, who said she was inspired to file the bill after talking with teachers and administrators about situations of violence they felt powerless to stop.
In 2021, Maine instated higher thresholds for when restraint and seclusion were allowed in schools in response to a report about a dramatic increase in the practice and its disproportionate use against disabled students. But this year, superintendents and state education leaders said teachers no longer feel safe or empowered to protect themselves or students.
Parents and disability advocates spoke out against the bill, calling it regressive. They said restraint and seclusion have long-term negative impacts on children, especially those with disabilities.
The bill passed both chambers and was signed into law by Mills in June. The law applies to schools that receive state or federal assistance.
(Except for the headline, this story has not been edited by PostX News and is published from a syndicated feed.)
