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Clarence Thomas Had a Child in Private School. Harlan Crow Paid the Tuition.

2 years 4 months ago

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Update, May 4, 2023: This story has been updated to reflect that Mark Paoletta, a longtime friend of Clarence Thomas who has also served as Ginni Thomas’ lawyer, acknowledged Harlan Crow’s tuition payments.

In 2008, Supreme Court Justice Clarence Thomas decided to send his teenage grandnephew to Hidden Lake Academy, a private boarding school in the foothills of northern Georgia. The boy, Mark Martin, was far from home. For the previous decade, he had lived with the justice and his wife in the suburbs of Washington, D.C. Thomas had taken legal custody of Martin when he was 6 years old and had recently told an interviewer he was “raising him as a son.”

Tuition at the boarding school ran more than $6,000 a month. But Thomas did not cover the bill. A bank statement for the school from July 2009, buried in unrelated court filings, shows the source of Martin’s tuition payment for that month: the company of billionaire real estate magnate Harlan Crow.

The payments extended beyond that month, according to Christopher Grimwood, a former administrator at the school. Crow paid Martin’s tuition the entire time he was a student there, which was about a year, Grimwood told ProPublica.

“Harlan picked up the tab,” said Grimwood, who got to know Crow and the Thomases and had access to school financial information through his work as an administrator.

Before and after his time at Hidden Lake, Martin attended a second boarding school, Randolph-Macon Academy in Virginia. “Harlan said he was paying for the tuition at Randolph-Macon Academy as well,” Grimwood said, recalling a conversation he had with Crow during a visit to the billionaire’s Adirondacks estate.

ProPublica interviewed Martin, his former classmates and former staff at both schools. The exact total Crow paid for Martin’s education over the years remains unclear. If he paid for all four years at the two schools, the price tag could have exceeded $150,000, according to public records of tuition rates at the schools.

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Thomas did not report the tuition payments from Crow on his annual financial disclosures. Several years earlier, Thomas disclosed a gift of $5,000 for Martin’s education from another friend. It is not clear why he reported that payment but not Crow’s.

The tuition payments add to the picture of how the Republican megadonor has helped fund the lives of Thomas and his family.

“You can’t be having secret financial arrangements,” said Mark W. Bennett, a retired federal judge appointed by President Bill Clinton. Bennett said he was friendly with Thomas and declined to comment for the record about the specifics of Thomas’ actions. But he said that when he was on the bench, he wouldn’t let his lawyer friends buy him lunch.

A July 2009 bank statement for Hidden Lake Academy shows a wire from Crow Holdings LLC. (Excerpt from court records. Highlights added by ProPublica.)

Thomas did not respond to questions. In response to previous ProPublica reporting on gifts of luxury travel, he said that the Crows “are among our dearest friends” and that he understood he didn’t have to disclose the trips.

ProPublica sent Crow a detailed list of questions and his office responded with a statement that did not dispute the facts presented in this story.

“Harlan Crow has long been passionate about the importance of quality education and giving back to those less fortunate, especially at-risk youth,” the statement said. “It’s disappointing that those with partisan political interests would try to turn helping at-risk youth with tuition assistance into something nefarious or political.” The statement added that Crow and his wife have “supported many young Americans” at a “variety of schools, including his alma mater.” Crow went to Randolph-Macon Academy.

Get in Touch

ProPublica plans to continue reporting on the Supreme Court. If you have information we should know, please get in touch. Josh Kaplan can be reached by email at joshua.kaplan@propublica.org and by Signal or WhatsApp at 734-834-9383. Justin Elliott can be reached by email at justin@propublica.org or by Signal or WhatsApp at 774-826-6240.

Crow did not address a question about how much he paid in total for Martin’s tuition. Asked if Thomas had requested the support for either school, Crow’s office responded, “No.”

Last month, ProPublica reported that Thomas accepted luxury travel from Crow virtually every year for decades, including international superyacht cruises and private jet flights around the world. Crow also paid money to Thomas and his relatives in an undisclosed real estate deal, ProPublica found. After he purchased the house where Thomas’ mother lives, Crow poured tens of thousands of dollars into improving the property. And roughly 15 years ago, Crow donated much of the budget of a political group founded by Thomas’ wife, which paid her a $120,000 salary.

“This is way outside the norm. This is way in excess of anything I’ve seen,” said Richard Painter, former chief White House ethics lawyer for President George W. Bush, referring to the cascade of gifts over the years.

Painter said that when he was at the White House, an official who’d taken what Thomas had would have been fired: “This amount of undisclosed gifts? You’d want to get them out of the government.”

A federal law passed after Watergate requires justices and other officials to publicly report most gifts. Ethics law experts told ProPublica they believed Thomas was required by law to disclose the tuition payments because they appear to be a gift to him.

Justices also must report many gifts to their spouses and dependent children. The law’s definition of dependent child is narrow, however, and likely would not apply to Martin since Thomas was his legal guardian, not his parent. The best case for not disclosing Crow’s tuition payments would be to argue the gifts were to Martin, not Thomas, experts said.

But that argument was far-fetched, experts said, because minor children rarely pay their own tuition. Typically, the legal guardian is responsible for the child’s education.

“The most reasonable interpretation of the statute is that this was a gift to Thomas and thus had to be reported. It’s common sense,” said Kathleen Clark, an ethics law expert at Washington University in St. Louis. “It’s all to the financial benefit of Clarence Thomas.”

Martin, now in his 30s, told ProPublica he was not aware that Crow paid his tuition. But he defended Thomas and Crow, saying he believed there was no ulterior motive behind the real estate magnate’s largesse over the decades. “I think his intentions behind everything is just a friend and just a good person,” Martin said.

[After this story was published, Mark Paoletta, a longtime friend of Clarence Thomas who has also served as Ginni Thomas’ lawyer, released a statement. Paoletta confirmed that Crow paid for Martin’s tuition at both Randolph-Macon Academy and Hidden Lake, saying Crow paid for one year at each. He did not give a total amount but, based on the tuition rates at the time, the two years would amount to roughly $100,000.

Paoletta said that Thomas did not have to report the payments because Martin was not his “dependent child” as defined in the disclosure law. He criticized ProPublica for reporting on this and said “the Thomases and the Crows are kind, generous, and loving people who tried to help this young man.”]

Crow has long been an influential figure in pro-business conservative politics. He has given millions to efforts to move the law and the judiciary to the right and serves on the boards of think tanks that publish scholarship advancing conservative legal theories.

Crow has denied trying to influence the justice but has said he extended hospitality to him just as he has to other dear friends. From the start, their relationship has intertwined expensive gifts and conservative politics. In a recent interview with The Dallas Morning News, Crow recounted how he first met Thomas. In 1996, the justice was scheduled to give a speech in Dallas for an anti-regulation think tank. Crow offered to fly him there on his private jet. “During that flight, we found out we were kind of simpatico,” the billionaire said.

The following year, the Thomases began to discuss taking custody of Martin. His father, Thomas’ nephew, had been imprisoned in connection with a drug case. Thomas has written that Martin’s situation held deep resonance for him because his own father was absent and his grandparents had taken him in “under very similar circumstances.”

Thomas had an adult son from a previous marriage, but he and wife, Ginni, didn’t have children of their own. They pitched Martin’s parents on taking the boy in.

“Thomas explained that the boy would have the best of everything — his own room, a private school education, lots of extracurricular activities,” journalists Kevin Merida and Michael Fletcher reported in their biography of Thomas.

Thomas gained legal custody of Martin and became his legal guardian around January 1998, according to court records.

Martin, who had been living in Georgia with his mother and siblings, moved to Virginia, where he lived with the justice from the ages of 6 to 19, he said.

Living with the Thomases came with an unusual perk: lavish travel with Crow and his family. Martin told ProPublica that he and Thomas vacationed with the Crows “at least once a year” throughout his childhood.

That included visits to Camp Topridge, Crow’s private resort in the Adirondacks, and two cruises on Crow’s superyacht, Martin said. On a trip in the Caribbean, Martin recalled riding jet skis off the side of the billionaire’s yacht.

Roughly 20 years ago, Martin, Thomas and the Crows went on a cruise on the yacht in Russia and the Baltics, according to Martin and two other people familiar with the trip. The group toured St. Petersburg in a rented helicopter and visited the Yusupov Palace, the site of Rasputin’s murder, said one of the people. They were joined by Chris DeMuth, then the president of the conservative think tank the American Enterprise Institute. (Thomas’ trips with Crow to the Baltics and the Caribbean have not previously been reported.)

Thomas reconfigured his life to balance the demands of raising a child with serving on the high court. He began going to the Supreme Court before 6 a.m. so he could leave in time to pick Martin up after class and help him with his homework. By 2001, the justice had moved Martin to private school out of frustration with the Fairfax County public school system’s lax schedule, The American Lawyer magazine reported.

For high school, Thomas sent Martin to Randolph-Macon Academy, a military boarding school 75 miles west of Washington, D.C., where he was in the class of 2010. The school, which sits on a 135-acre campus in the Shenandoah Valley, charged between $25,000 to $30,000 a year. Martin played football and basketball, and the justice sometimes visited for games.

Randolph-Macon was also Crow’s alma mater. Thomas and Crow visited the campus in April 2007 for the dedication of an imposing bronze sculpture of the Air Force Honor Guard, according to the school magazine. Crow donated the piece to Randolph-Macon, where it is a short walk from Crow Hall, a classroom building named after the Dallas billionaire’s family.

Harlan Crow and Clarence Thomas attended the 2007 dedication of a statue gifted by Crow to Randolph-Macon Academy. (The Sabre Magazine)

Martin sometimes chafed at the strictures of military school, according to people at Randolph-Macon at the time, and he spent his junior year at Hidden Lake Academy, a therapeutic boarding school in Georgia. Hidden Lake boasted one teacher for every 10 students and activities ranging from horseback riding to canoeing. Those services came at an added cost. At the time, a year of tuition was roughly $73,000, plus fees.

The July 2009 bank statement from Hidden Lake was filed in a bankruptcy case for the school, which later went under. The document shows that Crow Holdings LLC wired $6,200 to the school that month, the exact cost of the month’s tuition. The wire is marked “Mark Martin” in the ledger.

Crow’s office said in its statement that Crow’s funding of students’ tuition has “always been paid solely from personal funds, sometimes held at and paid through the family business.”

Grimwood, the administrator at Hidden Lake, told ProPublica that Crow wired the school money once a month to pay Martin’s tuition fees. Grimwood had multiple roles on the campus, including overseeing an affiliated wilderness program. He said he was speaking about the payments because he felt the public should know about outside financial support for Supreme Court justices. Martin returned to Randolph-Macon his senior year.

Thomas has long been one of the less wealthy members of the Supreme Court. Still, when Martin was in high school, he and Ginni Thomas had income that put them comfortably in the top echelon of Americans.

In 2006 for example, the Thomases brought in more than $500,000 in income. The following year, they made more than $850,000 from Clarence Thomas’ salary from the court, Ginni Thomas’ pay from the Heritage Foundation and book payments for the justice’s memoir.

It appears that at some point in Martin’s childhood, Thomas was paying for private school himself. Martin told ProPublica that Thomas sold his Corvette — “his most prized car” — to pay for a year of tuition, although he didn’t remember when that occurred.

In 2002, a friend of Thomas’ from the RV community who owned a Florida pest control company, Earl Dixon, offered Thomas $5,000 to help defray the costs of Martin’s education. Thomas’ disclosure of that earlier gift, several experts said, could be viewed as evidence that the justice himself understood he was required to report tuition aid from friends.

“At first, Thomas was worried about the propriety of the donation,” Thomas biographers Merida and Fletcher recounted. “He agreed to accept it if the contribution was deposited directly into a special trust for Mark.” In his annual filing, Thomas reported the money as an “education gift to Mark Martin.”

Thomas disclosed an education gift to Martin from a friend in his 2002 disclosure filing. (Free Law Project)

Do you have any tips on the Supreme Court or the judiciary? Josh Kaplan can be reached by email at joshua.kaplan@propublica.org and by Signal or WhatsApp at 734-834-9383. Justin Elliott can be reached by email at justin@propublica.org or by Signal or WhatsApp at 774-826-6240.

Gabriel Sandoval contributed research.

by Joshua Kaplan, Justin Elliott and Alex Mierjeski

NYC Schools Handcuff and Haul Away Kids in Emotional Crisis

2 years 4 months ago

This article was produced for ProPublica’s Local Reporting Network in partnership with THE CITY. Sign up for Dispatches to get stories like this one as soon as they are published.

It was almost time for school pickup when Paul’s mom saw the text on the classroom messaging app: Paul — her 7-year-old — “ended up running out of class today and it escalated rather quickly.” Someone at the school had called 911. Paul’s parents could contact the main office for more information, the message read.

Paul’s mom remembers the physical feeling of dread, like ice under her skin. Paul — that’s his middle name — has a neurological disorder. He loves to cuddle with his mom and help take care of his baby sister, and he’s wild about Greek mythology. Like a lot of kids with developmental disabilities, he also has very big tantrums, hitting, spitting and throwing things when he gets upset. Since the end of first grade, he’s been in a special public school classroom in Brooklyn that integrates disabled and nondisabled kids.

The day of the message, in early December, Paul’s mom was so panicked that she couldn’t fully make sense of what it said. Why had the school called 911 instead of calling her? Was her child hurt? Had something gone terribly wrong? She wanted to run the last few blocks to the school, but her legs felt frozen. It was hard just to walk.

When she made it into the school building, she found Paul lying facedown on the floor of a computer room, his whole body heaving with sobs. She touched his back, and he screamed and tried to scramble away. Then he recognized his mother’s voice and jumped into her arms. “Mommy, don’t let them handcuff me,” he begged.

“I said, ‘What are you talking about? No one is going to handcuff you.’”

But that’s when she found out: Someone already had.

That afternoon, Paul had had a meltdown that started in his classroom and spilled into a hallway. When he didn’t calm down, someone called a school safety agent — an officer of the New York Police Department who is stationed full-time in the building. Paul knocked off the agent’s face mask and glasses, and that’s when it happened. The agent pulled out a pair of Velcro restraints and forced them over Paul’s hands.

Looking now, Paul’s mom could see red marks where the handcuffs had rubbed Paul’s wrists raw. But she felt more bewildered than ever. She must be misunderstanding, she thought. Who would handcuff a 7-year-old?

New York City officials have promised for years to stop relying on police to respond to students in emotional crisis. Under the terms of a 2014 legal settlement, schools are only supposed to call 911 in the most extreme situations, when kids pose an “imminent and substantial risk of serious injury” to themselves or others.

And yet an investigation by THE CITY and ProPublica found that city schools continue to call on safety agents and other police officers to manage students in distress thousands of times each year — incidents the NYPD calls “child in crisis” interventions. Unless a parent arrives in time to intercede, cops hand kids off to EMTs, who take students to hospital emergency rooms for psychiatric evaluations. In close to 1,370 incidents since 2017, students ended up in handcuffs while they waited for an ambulance to arrive, according to NYPD data. In several incidents, those kids were 5 or 6 years old.

Schools Called the Police on Students in Emotional Distress Thousands of Times Note: 2017 is the first year that the New York Police Department released data on all incidents where a school employee called 911 over a student in emotional distress, known as child-in-crisis incidents. Data Source: NYPD quarterly School Safety Act report. (Lucas Waldron, ProPublica)

Ten years ago, in the runup to the 2014 settlement, a group of parents sued the city’s Department of Education, claiming that schools violated their children’s constitutional rights and broke federal law by sending them to hospitals when they weren’t experiencing medical emergencies — in many cases in response to behavior that resulted directly from a student’s disability.

The experience was traumatic and humiliating for the kids, the plaintiffs claimed. Students were terrified to return to school; 6- and 7-year-olds thought they were being arrested. Two schools filed child welfare reports on parents who didn’t allow EMTs to put their children in ambulances.

Meanwhile, the hospital visits served no useful purpose, plaintiffs claimed. Students missed crucial class time only to wait for hours in emergency rooms — sometimes with seriously mentally ill adults — and then be sent home. At least one parent lost her job because she was repeatedly forced to leave work to rush to the hospital, and then she was stuck with bills for ambulance trips and ER services her child didn’t need.

As part of the 2014 settlement, the department issued a regulation that requires schools to make every effort to safely manage students in distress without involving police — including by deploying trained crisis response teams and allowing parents to speak to their children by phone if possible. Schools are never allowed to use 911 calls as a punishment for misbehavior. When cops do get involved, they must use the “minimum level of restraint necessary.”

Despite the promises and regulations, New York City public schools call 911 on students in emotional distress as often as ever, an analysis by THE CITY and ProPublica of NYPD data shows. Prior to the lawsuit, city-run and charter schools saw an average of 3,000 child-in-crisis incidents per year from 2005 to 2010 and an average of 3,300 incidents in the 2010-11 and 2011-12 school years, according to court documents. Since 2017 — the first post-lawsuit year for which the NYPD reported complete data — schools have seen an average of 3,200 incidents per year. (The analysis excludes 911 calls made in 2020 and 2021, when schools operated on a remote or hybrid schedule due to the COVID-19 pandemic.)

Schools are far more likely to call 911 on Black students, who make up less than a quarter of the student body but account for nearly half of child-in-crisis incidents and 59% of instances in which students were handcuffed since 2017, the analysis shows. And schools continue to call police to respond to young children: Last year, more than 560 child-in-crisis incidents involved students aged 10 or younger. In five cases, the kids were 4 years old.

Black Students Are Disproportionately Handcuffed During Child-in-Crisis Incidents

Black children, who make up a quarter of students in New York City schools, accounted for 59% of handcuffed students.

Note: Data for all New York City child-in-crisis and handcuffing incidents covers 2017 to 2022. Data for student population demographics includes school years 2017-18 to 2021-22. Data Sources: New York City annual student enrollment snapshot and New York Police Department quarterly School Safety Act report. (Lucas Waldron, ProPublica)

“The things that needed to change did not change,” said Nelson Mar, an education attorney at Legal Services NYC who represented the plaintiffs in the 2013 lawsuit.

That’s partly because the Department of Education fails to hold schools accountable for not following its own regulations, Mar and other advocates said. Schools are required to file occurrence reports after calling 911 on students, but they don’t have to show that they took the mandatory steps to manage a crisis first. Unless parents have a lawyer or a paid advocate, they rarely know the reports exist, much less get the opportunity to contest a school’s account of an incident or to object if they believe school staff called 911 to punish a student they were fed up with.

In an emailed statement, Department of Education spokesperson Nathaniel Styer wrote that, if parents believe a school called 911 in violation of city rules, they should contact their school district’s superintendent, who oversees school leaders and can provide additional training. “Situations where young children are in crisis and/or are at risk of harming themselves or others are among the most difficult for our educators and school staff,” Styer wrote.

“Nevertheless,” Styer continued, “whenever there is evidence the policy hasn’t been followed, it will be reported and investigated, and we review every case where 911 is called to ensure that it was necessary and complied with our policy.”

But thousands of children are still being forcibly removed from schools each year, which means the oversight clearly isn’t working, said Amber Decker, a public school parent who was a plaintiff in the 2013 lawsuit and now works as an advocate for parents of kids with disabilities.

If schools were being held accountable for unnecessary 911 calls, “the numbers would have gone down,” Decker said. As it is, “there’s no consequences other than the ones you push for until you’re blue in the face or banging your head against the wall.”

To understand why police are so involved in New York City schools, you have to look back to the late 1990s. Rudy Giuliani was mayor, and schools were at the junction of two of his biggest campaign promises: to slash crime and to fix the education system. For students, that meant a “zero tolerance” approach to school misconduct.

In 1998, the city created a new division of the NYPD, transferring school safety operations — which had previously been managed by the Board of Education — to the police department. Agents were allowed to arrest students for all kinds of misbehavior, including spitting, talking back to teachers and cutting class.

Eighteen years and two administrations later, then-Mayor Bill de Blasio presided over a city that approached young people and police very differently. According to a 2016 mayoral task force that included the commanding officer of the NYPD’s School Safety Division, overly punitive practices weren’t making students safer; they were pushing vulnerable kids out of schools and into the juvenile justice system.

The task force pointed to child-in-crisis incidents as part of the problem. “With little mental health experience or training, and scant access to mental health professionals, ER overuse is the norm,” the task force wrote.

De Blasio promised to transform the city’s approach to school discipline by reducing the role of police and dramatically increasing the mental health resources available to students and teachers. “We’re revolutionizing our school system,” he said in 2019.

The revolution never materialized. In 2021, after New York City students experienced some of the longest school shutdowns in the country, the city hired 500 new school-based social workers to help respond to trauma connected to the COVID-19 pandemic. De Blasio’s was “one of the first administrations to recognize that schools are where kids with mental health problems land,” said Peter Ragone, a longtime de Blasio adviser.

But while the hiring push put the city ahead of many other jurisdictions, New York City schools still have just one social worker for every 475 students — close to double the National Association of Social Workers’ recommended ratio of 250 students per social worker.

The city’s current mayor, Eric Adams, announced a sweeping mental health plan in March that includes a “Mental Health Continuum,” a project that was conceived under de Blasio and rolled out last year to connect schools directly to mental health clinics and mobile crisis teams. But Adams’s proposed city budget, released a month later, included no funding for the project.

“It’s mind-boggling,” said Dawn Yuster, who directs the School Justice Project at the group Advocates for Children. “This would expedite care for young people with the most significant needs. If you’re going to say it, fund it.”

The mayor’s office did not respond to questions about the Mental Health Continuum, but Patrick Gallahue, press secretary for the city’s Department of Health and Mental Hygiene, wrote in an emailed statement that a new teletherapy program for high schoolers will “connect even more young people with services by reaching them where they are.”

Meanwhile, in 2022, City Council members acknowledged the need for more oversight of child-in-crisis incidents, introducing a bill that would have required school safety agents to document that school staff tried to de-escalate a crisis before involving police. But the bill never made it out of committee. (Neither Councilmember Diana Ayala nor Councilmember Rita Joseph, both of whom sponsored the bill, responded to requests for comment.)

When school staff don’t get the support they need from mental health experts, they often resort to punishing kids for behaviors they can’t control, Yuster said. It might start with “calling parents every day about a student’s behavior. Then they up the ante, calling to say, ‘We’re suspending for five days, and next time we’re going to call EMS if this behavior continues.’”

Not only do the escalating punishments violate city rules but they also destroy trust between students and schools, said Crystal Baker-Burr, an attorney who directs the Education Project at The Bronx Defenders, a nonprofit public defense agency.

“Even if a school is at their wit’s end,” Baker-Burr said, “sending a student to the ER is not going to help the situation. Getting police involved, handcuffing them, it doesn’t make anything better at school the next day.”

Three years ago, Baker-Burr saw the impact of 911 calls up close — on her 7-year-old nephew, Ethan. (Ethan’s family asked us to identify him by just his first name.)

In 2019, Ethan was a second grader at P.S. 157 in the Bronx. He was a gentle and sweet kid at home, but he got overwhelmed and acted out at school, said his mom, Jacqueline De Jesus. He’d hit other kids or run out of the classroom. Sometimes he’d bite himself. This was before he was diagnosed with autism, and his parents were still trying to figure out what to do. De Jesus asked the school for help, she said, but teachers told her that Ethan didn’t need to be evaluated for educational services because his schoolwork was at grade level.

Instead, De Jesus said, Ethan, who’s Black and Latino, got punished. Teachers yelled at him and sent him out of the classroom. He wasn’t allowed to join music or sports clubs or sign up for the after-school program. The school constantly called his parents to pick him up early.

De Jesus felt like the message was clear. “They didn’t want to deal with him,” she said. It seemed like the school was making it as difficult as possible for Ethan to stay.

When Jacqueline De Jesus’ second grader, Ethan, threw tantrums at school, staffers repeatedly called 911. Ethan loves stuffed animals, reading, playing with clay and building paper boxes.

P.S. 157’s principal did not respond to a request for comment. The Department of Education declined to comment on Ethan’s experience, even though De Jesus signed a release allowing it to share information with THE CITY and ProPublica.

In April 2019, De Jesus got a phone call that shocked her. It was the school secretary, saying that an ambulance was on its way to take Ethan to the hospital. De Jesus was at work in Manhattan — a 40-minute cab ride away — so she called Baker-Burr, who went straight to the school. When she got there, Ethan was curled up in a ball underneath a desk, rocking back and forth and sobbing. His face was swollen and red from crying for so long.

Two uniformed police officers were “standing over my very small nephew,” Baker-Burr said. “They were saying things like, ‘Don’t lie to us, Ethan. When you’re older, we could arrest you for things like this.’”

Baker-Burr asked the officers to leave the room, then got down on the floor and convinced Ethan to come out from under the desk, promising that she wouldn’t let anyone hurt him. By the time the ambulance arrived, he was calm, talking to Baker-Burr about his new Five Nights at Freddy’s backpack. Baker-Burr rode with him to Lincoln Medical Center, a public hospital in the South Bronx, where a doctor interviewed him and sent him home with a note saying he was fine to return to school.

Lincoln Medical Center in the Bronx

“They were like, ‘Why is this child even here?’ It was a colossal waste of time,” Baker-Burr said.

That didn’t stop the school from calling 911 on Ethan two more times in the next month, De Jesus and Baker-Burr said. Nor did it prevent De Jesus from being billed hundreds of dollars for ambulance rides and ER visits.

Eventually, De Jesus gave up and petitioned the city to move Ethan to a different school. “I didn’t want to send him somewhere he wasn’t wanted,” she said.

Calling 911 on kids “is the last thing any teacher wants to do,” said Kristen GoldMansour, a former teacher and coach who works with dozens of New York City schools to support inclusive programming for students with disabilities.

“The question is, how did we get there?” GoldMansour said. “There’s probably a thousand million things we could have done to avoid getting to that point.”

In fact, when students’ behavior or mental health needs get in the way of learning, federal law requires schools to intervene, proactively offering them evaluations and services like occupational therapy or a functional behavioral assessment — a detailed analysis of what triggers kids’ behaviors and the best strategies to prevent an emergency.

But getting the right services can be difficult or impossible — especially for parents who can’t pay attorneys to help them navigate the city’s convoluted system for students with disabilities. Instead, as THE CITY and ProPublica reported last year, kids who are disruptive or aggressive often get pushed out of mainstream schools and into failing special education schools that are packed with other students who have behavioral and mental health challenges. Even if they are capable academically, their chances of graduating with a diploma plummet.

Meanwhile, their odds of encountering police go way up: Special education schools, which disproportionately serve low-income and Black students, call 911 on kids in distress at four times the per-student rate of general education schools, according to a data analysis by Advocates for Children.

In Brooklyn, Paul’s parents are doing everything they can to keep him in a school with general education students. This is his chance to be integrated into mainstream life, his mom said.

On the day after Paul’s school called 911, his parents asked for a meeting with school staff and officials from the Department of Education — something they only knew to do because they were working with paid education advocates, they said. Paul’s dad went to the meeting, which was recorded on Zoom, with a list of questions: What kinds of restraints were used on his son? Could he see a picture of them? Would the school share its plan for responding to students in crisis or its policies on handcuffing kids? What if Paul had another incident — would staff call his parents before calling 911?

School staff said that they had tried to calm Paul down, but no one explained why the NYPD safety agent had become involved or why the school hadn’t called Paul’s parents first. The principal would only say that the school had done nothing wrong. “Protocols were followed,” she said. Everything was “by the book.” Meanwhile, she repeated a list of Paul’s transgressions: He had “assaulted” teachers, his behavior was “egregious.” (Paul’s parents asked us not to use their names or identify his school, in part to protect Paul’s privacy but also for fear of alienating education officials who hold power over Paul’s future school placements.)

After an hour, Paul’s dad was reduced to pleading: “Promise me, if this happens again, you have to call us,” he said. “I'm begging you. This is my son.”

Two weeks after the meeting, the Department of Education transferred Paul to a school that has more experience teaching disabled and nondisabled kids together. It’s a better outcome than many families get, Paul’s mom said. “We’re white, and we have a lot of resources to put toward our son. I have no idea how you would manage this situation without the resources to pay for help.”

So far, things at the new school are going well. Paul’s tantrums have not been quite so explosive, and his teachers seem comfortable managing them, his mom said. “They don’t shame him or drag him through the mud.”

Still, it’s impossible for her not to worry. If Paul was handcuffed at 7, what happens as he gets bigger and older?

She finds herself shutting away the memory of what happened in December. “It’s like this other, alternative reality,” she said. “I’m with my joyful, wonderful child, and I’m like, ‘How could this happen?’”

Sophie Chou contributed data analysis.

by Abigail Kramer, THE CITY, photography by Sarah Blesener for ProPublica

Alton Police/State's Attorney Announce Charges In 15-Year-Old's Fatal Shooting

2 years 4 months ago
ALTON - Alton Police reported Wednesday evening that today, the Madison County State’s Attorney’s Office reviewed the facts of these cases and charged the following in regard to a case on Maxey Street: Unnamed Juvenile Male - Count I: Involuntary Manslaughter, Count II: Reckless Discharge of a Firearm, and Count III: Aggravated Discharge of a Firearm. The juvenile is being held at the Madison County Juvenile Detention Center. MARQUAN A. KNIGHT – Count I: Unlawful Possession of a Stolen Firearm and Count II: Aggravated Unlawful Use of Weapons. The Honorable Judge Jumper signed an arrest warrant and set the bond at $100,000. At 12:50 p.m. on 05/02/23, Alton Police Department Officers responded to a report of a juvenile victim with a gunshot wound to the chest in the 2600 block of Maxey Street, Alton, Illinois. The victim, a 15-year-old male, was transported to a local hospital by members of the Alton Fire Department. Despite lifesaving efforts, the victim ultimately

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