ALBANY, N.Y. -- New York regulators recommended severe
limits yesterday on the use of electric shock and other
painful punishments at a Massachusetts school for students
with mental retardation, autism, and emotional problems.
A committee of the New York
Board of Regents voted 7 to 1 to ban the use of shocks, food
deprivation, and other punishments on students from New
York, unless the Judge Rotenberg Educational Center in
Canton can prove that the treatment is justified for
individual students. The full board is expected to accept
the recommendation today.
Though the rules would apply
only to New York students, that state provides nearly
two-thirds of the 250 students at the school, where half
wear electroshock devices 24 hours a day, so that teachers
can control aggressive or self-injuring behavior.
A report last week by New
York investigators found that students were receiving
two-second shocks for even relatively minor offenses such as
nagging or swearing.
Separately, the Massachusetts
Legislature is considering a bill that would ban shock
treatments for all students.
``This is an extreme form [of
punishment] that is not acceptable except in unusual
circumstances," said Merryl H. Tisch, cochairwoman of the
committee that recommended the limits on so-called aversive
therapy.
If the full Board of Regents
accepts the committee recommendation, the restrictions would
take effect on Friday. Though the rules apply to all schools
attended by New York students, only the Judge Rotenberg
Center uses shock treatment.
More than 50 supporters of
the Rotenberg school, including many parents of students,
packed the meeting room, prompting one board member to
complain that they had not been allowed to speak.
Dozens of parents have said
that the discipline of the school saved their child's life
by stopping dangerous behavior.
``If you end [shock
treatments], I'm done, because my son needs aversive
treatments," said Marie Washington, who said her son,
Jacques, was prone to violent, unprovoked attacks. ``At the
Judge Rotenberg Center, he has a life. I love the life he
has."
Michael Flammia, lawyer for
the school, predicted that ``you're going to see a lot less
educating going on" if the school has to dramatically reduce
aversive therapy.
But New York Education
Department officials argued that the Rotenberg Center is too
quick to punish and employs some techniques that no one
should endure. Under the regulations, the school would no
longer be able to physically restrain students while
administering shocks, and they could not use a device that
automatically delivers shocks at timed intervals.
The regulations do not ban
shocks or other aversive therapies. However, the Rotenberg
Center would have to submit a plan to the state showing how
the school will strive to use the least pain possible for
the least possible time.
Then school officials would
have to seek an exemption from the ban on aversive therapy
for each individual student who they believe requires
aversive therapy. Local school districts sending the student
to Rotenberg would be required to use a three-member panel
of specialists to review each case.
The Rotenberg Center is
required to get court and parental approval to administer
shocks or other severe punishments.
``The children of New York
have won a great victory. My only questions is: What took so
long?" said Kenneth Mollins, a lawyer for the family of a
New York teenager that is suing the state of New York for
the 79 shocks the boy is reported to have received while at
the Rotenberg Center.
But board member James R.
Tallon Jr. said his vote for the rules was a ``close call."
Tallon also said he had great
sympathy for the families of the Rotenberg students. ``We're
dealing with among the most challenging family circumstances
that people can face," he said.
Scott
Allen can be reached at
allen@globe.com.

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