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Silver Creek counters ‘cell’ claims head-on

Silver Creek Central School said it will “vigorously defend” claims made by a former elementary school administrator who recently filed a lawsuit against the district.

Jason Hall’s lawsuit, brought in late May and which Silver Creek maintains is without merit, follows what he states is retaliation for reporting the use of an “isolation cell” in the school to punish students. Earlier in May, Hall filed a petition in state Supreme Court in Mayville seeking an order allowing him to serve a late notice of claim against the school district.

In a lengthy three-page statement to the OBSERVER and Post-Journal newspaper, Silver Creek Central School said the state Division of Human Rights made “no factual findings that the District or anyone associated with the District engaged in any wrongdoing.”

Hall made three complaints with the Division of Human Rights over use of the alleged room, during which time he was placed on administrative leave and later removed. He had been hired as assistant director of elementary programming in July 2021.

“The (Division of Human Rights) determined only that Mr. Hall says one thing, and the District another, which dispute must be resolved through a hearing,” Silver Creek said in its statement. “The District looks forward to the opportunity to present the true facts to a hearing officer.”

CONCERNS RAISED

On March 7, 2022, the elementary school’s principal noted “significant areas of concern regarding Mr. Hall’s performance.” In its statement, the district noted ineffective administration of student discipline as well as his alleged failure to meet timely obligations regarding annual teacher performance reviews and to coordinate behavioral student support team meetings.

“The Principal communicated her performance concerns to the Superintendent and planned to address them with Mr. Hall,” the district said.

On March 17, Silver Creek said the principal and superintendent learned of claims that Hall reportedly engaged in outside activities with the students and families. In one instance, Hall is said to have attended a student’s birthday party.

As noted in a Division of Human Rights report, Hall said he only briefly attended the party at a church. He said a gift that had been given to the student had come from older students.

During a meeting March 18 between Hall and the superintendent regarding the allegations, Hall brought up concerns with student treatment. The district states that on March 29, Hall “levied serious allegations against the District as to the treatment of students.”

The district said it retained outside counsel to review the allegations, which included the use of an isolation room and that Silver Creek was mistreating certain students.

Claims of a cell within the elementary school quickly appeared on social media, causing an uproar among parents. “The social media posting caused immediate upset within the school community and disruption to teaching and learning,” the district contends.

In its statement, the district said, “To best maintain a productive learning environment, the District determined it appropriate to place Mr. Hall on paid administrative leave. He never returned from leave.”

In his petition to file a late notice, Hall said he’s seeking damages for discrimination, bias, retaliation, defamation and improper employment action.

“This proposed action arises from a dispute between Petitioner and Respondent with respect to the care and treatment of students attending the Silver Creek Central School District,” his petition states. “Petitioner expressed concerns regarding Petitioner’s care of students and potential violations of New York State law in connection thereto.”

DE-ESCALATION

Silver Creek said the state commissioner of Education Regulations permit use of de-escalation rooms. The district said no wrongdoing involving the school’s room was found after reports were made to the state’s attorney general, the New York State Police, the Special Education Quality Assessment Office of the New York State Education Department, and the Silver Creek Volunteer Fire Department.

“The Coordinator Health, Safety and Energy at Erie2 BOCES inspected the De-Escalation room and found nothing improper,” the district said.

In its statement, the district said the 8-foot-by-8-foot de-escalation room was located in Hall’s office in which he had “complete control over the entire space.” It’s not possible to lock anyone inside the room, which also has storage closet located within.

“When it was under Mr. Hall’s control, the only item in the Room was a blue nurse’s cot with a headrest that could be placed upright or recline into a full supine position,” the district said. “The Room does not have exposed wiring or a razorblade-like mechanism as claimed. It is well lit and properly ventilated.

“There is no evidence that the District, or any administrator, teacher or staff member has used the Room at any time as a behavioral consequence, discipline, or as an aversive intervention for students, or for any other inappropriate purpose. The Room has been used to de-escalate students and to provide a safe space when students act in a way that creates a danger to themselves, others, or property, consistent with the New York State Commissioner’s regulations.

“These regulations permit a room to be used precisely for these purposes, and in this regard states: ‘student to safely de-escalate, regain control and prepare to meet expectations to return to his or her education program.'”

Hall is being represented by Buffalo attorney Steven Schrader, who did not respond to an email last week regarding the court filings.

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