A Globe review of complaints
against the Judge Rotenberg Educational Center shows that
the state is investigating 10 claims made in the past six
months that electric shocks delivered to misbehaving
students caused burns on their arms, legs, or torsos. Though
none of the claims has been proven, the Disabled Persons
Protection Commission has forwarded the case of a child who
allegedly had multiple burns to the Norfolk County district
attorney for criminal investigation.
Officials at the controversial
Canton school say the skin shocks are similar to bee stings,
a painful but harmless way to prevent severely disabled
people from hurting themselves or others. They say the
devices that deliver the shocks , called graduated
electronic decelerators, or GEDs, have never injured anyone,
let alone burned them. The school's enemies make burn
allegations, they say, to make the Rotenberg Center look
bad.
But at least four former
employees said in interviews that burns are so common that
the devices must sometimes be removed to let injuries heal,
breaks that the staff calls ``GED holidays." And the state
of New York, which provides two-thirds of Rotenberg
students, this month asked the US Food and Drug
Administration to investigate the safety of the devices
after investigators met a student who said she was burned by
a shock administered while she was taking a shower.
``We need a team of
investigators" to handle all the complaints against the
Rotenberg Center this year, said Nancy Alterio , executive
director of the Disabled Persons Protection Commission,
where 22 abuse complaints have been filed in 2006 compared
with nine in the preceding six years combined.
The rising number of
complaints against the Rotenberg Center, which parents often
turn to as a last resort for their children after less
drastic methods fail, comes as the Legislature debates a
proposed ban on the use of shocks on students. The Senate
included the ban in the state budget now being negotiated,
but House of Representatives budget negotiators have balked,
in part because of a legislator whose nephew is a Rotenberg
student.
``My nephew's case is the
most severe that you could possibly imagine," said
Representative Jeffrey Sanchez of Boston, explaining that
the autistic and mentally retarded young man deliberately
vomited up and re-swallowed his food, burning his esophagus
with stomach acid. Since he began shock treatment, he
regurgitates far less, said Sanchez. ``My brother . . .
feels that the Rotenberg Center is the only thing that has
kept him alive."
But Senator Brian Joyce of
Milton, who is leading the effort to ban shocks, points out
that no other school in the country routinely shocks
students and that taxpayers foot the $227,000 a year tuition
for students to attend the residential school. ``This is not
only embarrassing, it is wrong," he said.
The shock devices have
generated controversy ever since Rotenberg employees
developed them in the early 1990s to deliver two-second
electric jolts to the skin. Previously, the school had used
a commercially available electroshock device called SIBIS,
for ``self-injurious inhibiting system," but Rotenberg
officials wanted to be able to administer a stronger shock
to discourage dangerous behavior. The GED delivered a shock
that was at least twice as powerful and lasted 10 times
longer than SIBIS.
Medical specialists found
that the GED was safe as long as the electrodes weren't
applied to the chest, spine, or other sensitive areas. In
1991, the Food and Drug Administration permitted Rotenberg
officials to use the devices on students partly on the basis
that the GED was similar to SIBIS, which already had FDA
approval.
New York officials now say
that the Rotenberg Center exaggerated the level of FDA
oversight, making it seem as if they had gone through a full
FDA review when the FDA had simply ``registered" the GED for
use at the school. ``We accepted certain representations by
the school about the device being approved," said New York's
deputy education commissioner, Rebecca Cort . ``Only when we
requested much more in-depth information did we identify"
the fact that the FDA had not formally approved the device,
she said . Rotenberg officials say they never misled anyone
and fully comply with FDA rules.
Rotenberg officials also say
they take many precautions such as requiring staff to
periodically move electrodes, which students wear 24 hours a
day, to prevent burns. They said they have safely applied
the GED to more than 400 students, including 40 who have
received shocks from a more powerful device that carries
triple the shock of the regular GED.
However, from 1992 until last
year, state investigators identified 10 occasions when
students received shocks when they had done nothing, either
because the device malfunctioned or the staff accidentally
shocked the wrong person. Most of the complaints were
dismissed because the injuries weren't serious enough, but
the Disabled Persons Protection Commission determined that
the school abused one student who received five to 10
spontaneous shocks due to a malfunction.
Commission records also show
that one student was seriously injured as a result of
shocks. The man was admitted to Children's Hospital in
Boston in 2002 with ``acute stress response" after receiving
30 shocks while strapped to a board for six hours. Witnesses
told investigators the student stopped eating and drinking
afterward and cried about his punishment, but investigators
dropped the complaint because the shocks were part of a
court-approved treatment plan.
Until this year, there were
only a few allegations that the GEDs burn students, which
the school's attorney, Michael Flammia , argues is proof
that burns do not happen. ``It's a pretty simple thing to
investigate. You come in and examine the students," Flammia
said. He said state troopers investigating burn complaints
for the commission ``found no problems at all" at the
school.
The 10 burn complaints filed
with the commission this year are anonymous, but former
teachers say employees account for several of them.
``I have personally seen the
burn marks," said a former teacher who asked that his name
not be used. ``A lot of it is caused by inexperienced staff.
. . . It's a common mistake that these devices aren't put on
properly."
Scott
Allen can be reached at
allen@globe.com.

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