I saw this on a friends facebook page today. She lives in Colorado, but it seems that these school situations are happening everywhere. I could not believe how the incident and the responses echoed some of the experiences in Braden's school.

From Tracey McGinnis:This is my 7 year old son. He came home from his special needs school Monday May 21, 2012 nearly strangling to death by the butterfly harness on his wheelchair because someone either at the school or on the bus put it on very incorrectly. He was struggling to breath, turning blue, and had petecheia on his face from the strain. He is severely disabled, nonverbal, medically fragile. He had to have a CT scan the following day due to swallowing issues and has been in pain the past few days. The police are investigating the matter but the detective told me yesterday that I should prepare myself for nothing to happen, no criminal charges to be filed, no personnel to lose their job. Yet, he admits that 10 more minutes and my son would probably have died! I am beside myself with all of this. I nearly lost my precious boy due to someones careless and very dangerous mistake (that is assuming it was not intentional). Isn't this neglect? Child endangerment? What would you do? Any suggestions? Any advice to help this matter see the justice deserved? Thank you.

Brendan's neck after almost strangling due to improper placement of HIS wheelchair straps by a classroom aid.

This is the Butterfly Harness as it should be positioned. The "U" was tightened around his neck when he arrived home from school.

This is a link to the site that explains Brendan's condition.

                                                       http://www.cmvfoundation.org
May 22, 2012- Well, finally home after a long day at the Children's hospital. Brendan is now resting and the ibuprofen seems to be helping his pain. I spoke to the police officer who took my report today. He interviewed everyone at the school who worked with Brendan yesterday. It was a para (classroom aid) that last put him in his wheelchair and got him on the bus. She told the police that he was buckled in properly. Obviously he was NOT! So, it now goes to a detective with the crimes against children unit. I am just waiting to hear from them. I don't know how they will get to the truth of this terrible situation when everyone at the school is saying everything was done correctly, but they have to! This cannot be just left to go unanswered and the responsible party needs to be held accountable and punished legally. I am exhausted, but that's kind of par for the course these days.





As of May 23 this is an update: "Still having issues swallowing. The ER doc yesterday said his throat has soft tissue damage so is sore and swollen. He's tired and sleeping more than normally"

  
Thank you Tracy for letting me share this... 
 

 

"Does a student have to get seriously hurt.....?

 Does a student have to get seriously hurt...?

When I asked that question I was very serious, although it was somewhat rhetorical as well. However,in the midst of my issues with the school I discovered that a student in Braden's class HAD, in fact been injured. I had noticed this student was not on the bus for a while, but just assumed it might have been due to medical appointments or something like that. When I heard what had happened I was sick...physically sick. I went to visit this student and when I saw him I burst into tears.This beautiful young man looked like he had gone several rounds with a prize fighter. His face was terribly bruised and swollen and he was missing several of his front teeth.


This boy is blind and confined to a wheelchair. He lives in my neighborhood and takes the same bus as Braden.One day after school he was wheeled out to the bus, as usual, when the CEA accompanying him became distracted, possibly assisting another CEA with another student. When she did this she neglected to put the brakes on his wheelchair. His chair rolled down the sidewalk and flipped over. The student fell face first onto the road, breaking his cheekbone, his nose and knocking out several teeth and skinning his knees.     ( the last part is ironic because this boy has never walked or crawled, this was the first time he had EVER had skinned knees)


The injuries were terrible enough, but the way the situation was handled was even worse. Apparently with blood everywhere and an obvious head/facial injury it was NOT felt necessary to call an ambulance for this student. His mom was called to come and get him. There was no concern about possible internal injuries or brain bleeds or anything else that we might normally be concerned about.It was left to the mother to take him to the hospital.

Apparently this level of injury was not considered ambulance worthy-unless of course it was written into the IEP or Nursing Support Plan that under circumstances like these that ambulances should be called. I was beyond stunned by this fact but in my meeting I had to ensure that "when to call an ambulance" was included in Braden's nursing support plan. I think that parents need to be aware of exactly what protocols are in their child's school and district. Ask questions and be specific! DO NOT ASSUME anything!! Realize that what is common sense to you, may not be to everyone.
  
This beautiful boy recovered from his injuries, however he has lost several front teeth. Many children with disabilities/special needs cannot have any type of cosmetic dentistry done due to the danger of implants etc becoming a choking hazard. So this young boy is now permanently maimed...his appearance forever changed. This is all due to a CEA being careless in their duties and putting students at risk.

I looked at this boy and my concerns about Braden and I seriously wondered if somebody had to die before these people would "get it" 

Of note in this situation, as in the others, is that it does not appear that there was any discipline taken against the person(s) responsible for this incident or the ones involving Braden. Of course, the 'powers that be' cannot even offer parents the reassurance that someone has been held accountable for these actions.

As I have continued to dig I find more and more flaws and loopholes in our school districts. It seems that the system is corroded and that if someone doesn't start speaking up that NOTHING will change. I have NO DOUBT that students will be hurt.

I received this post from Melody Chamberlain who has spent 15 years as a caregiver and 10 years working in the vehicle modification industry. There is a wealth of information here and she has graciously provided her email address for anyone that might want any further information. I would encourage everyone to check out this website and view the crash test videos. I believe these should be mandatory part of training for both bus drivers and any other staff who are securing students in wheelchairs or other mobility aids. Of particular note is the information about the forces involved in a relatively slow one vehicle crash. I have placed the link to the site on the right hand side of this blog.

Melody Chamberlain

Melody.Chamberlain@pgsurgmed.com  

You are right Barbara, it is not rocket science, but there is an awful lot of science that goes into safe transportation.  Most may not know the laws, standards, and best practices that make transportation for those with special needs safer, and fewer still actually practice these concepts on a daily basis.  Not out of lack of care (for the most part - of course there are the rare exceptions), but from lack of knowledge.  I'll try to highlight some of those laws and issues so that others (particularly parents) can be informed.

For School District Transportation in BC, there are three main laws/standards that come into play.  First, Canadian Standards Association (CSA) has two standards that school buses must meet: CSA D-250 and D-409 (D-409 only if the bus is for transportation of "people with physical disabilities" (CSA language not mine).  I won't give a link for D-409 as it is a purchase only site, but if you want to purchase search for CSA, then search for D-409-02.  This standard lays out the requirements that vehicles must meet, including the minimum size for each mobility aid position, the type and location of the MASOR (mobility aid securement and occupant restraint) system and other requirements such as safety and lighting.  It also cross-references to another CSA standard, namely Z605 which lays out the standards the MASOR system must meet to be considered legal and safe for use in Canada.  If the restraint system is not labeled as Z-605 compliant DO NOT USE IT!  It does not meet the safety and testing standards that Canada requires.  It is clear that each mobility aid position must have at a minimum a four-point tie-down system for the mobility aid (usually wheelchair or stroller) and a lap/shoulder belt (occupant restraint) for the person in the mobility aid device.  School buses in BC must comply with these standards, so they must have these systems.  This is mandated by Provincial Law, in the Motor Vehicle Act/Regulations    http://www.bclaws.ca/EPLibraries/bclaws_new/document/LOC/freeside/--%20M%20--/Motor%20Vehicle%20Act%20RSBC%201996%20c.%20318/05_Regulations/28_26_58%20Motor%20Vehicle%20Act%20Regulations/26_58_15.xml#section44.8

A taxi that is being used as a school bus is also legally required to meet these same standards (in other words, they MUST have a MASOR system that meets CSA Z604/605 standards installed) and although taxi drivers are exempt from ambulatory passenger seat belt laws (in general - NOT so when used as a school bus) they are also NOT exempt from this in the case of a wheelchair-seated passenger - they MUST use the complete MASOR system (look at Motor Vehicle Regulation section 44.8 (2)).

Some people do not realize the forces involved in a motor vehicle crash.  The standard for the automobile industry (which has been adopted by the wheelchair industry) for crash testing is 30 MPH/48 KMH.  The deceleration forces in this type of crash (one vehicle going from 50 km to dead stop) is 20G!!  That means that your 100 pound child now is 2000 pounds, or one ton!!  These are extremely high forces and the occupant restraint system (lap and shoulder belt) serve the same function as a vehicle lap/shoulder belt - keep them from being ejected (from their seat, which in this case is a wheelchair or stroller and from the vehicle.  If it is not done up properly, securely, and routed on the chair the way best practice dictates, this safety feature will not work!  For children that are riding school buses that travel at highway speed, the possible crash forces are even greater.  That is why it is so imperative that the restraint system is used properly.

For those who are interested in more documentation about the crash-testing standards, wheelchair transportation in general, and to look at some excellent crash-testing footage, go to http://www.rercwts.org/  This is an excellent site that has an absolute wealth of information and resources on it.  The only caution I have is that this is a US based site, and although the US is much ahead of Canada in rights and requirements for persons with disabilities, Canada leads in safety standards, and there are definitely products and concepts that are considered safe in the US, but not in Canada.

The other main lack in safe transportation (and of course this is just my opinion based on 15 years as a care provider and 10 years of working in the vehicle modification industry) is that there are few resources easily available to train people in real-world safe transportation.  I know Q'Straint and Sure Lok (the two restraint system manufacturers that meet Canadian requirements) do have great training programs.  What they do not address however is things such as the high-end complex seating systems that have a lot of components to them and make proper occupant restraint system location very difficult.  They don't really address or inform about the interaction of postural support (what you show above Barbara) and occupant restraint.  Only an Occupational or Physical Therapist can determine what is necessary for postural support for transport, but there may be a disconnect or lack of knowledge/understanding on the part of the person applying the occupant restraint system as to what the postural support is for, how it functions, and what it should look like done up.  Likewise, the person doing up the postural support may not realize why it is so absolutely vital in many cases to proper occupant restraint effectiveness.

Sorry for such a long note, but it's a complex process!

If you are a parent and have any concerns about how your child is being transported for school or in any other situation, you absolutely have the right and obligation to question the care provider, and refuse transport if it is not done properly!!!  Your child's safety is absolutely number one!

Transportation.

Because Braden has difficulty walking for long periods of time, we have a specialized pediatric stroller for him. There are several features that must be in place in order for a stroller to meet the criteria for 'transit ready' status. The stroller MUST  have a 5 point restraint system in order to secure the child safely. 

5 Point restraint system.

As you can see there are straps that go over each shoulder, a crotch strap and two straps that go over the hips. These straps all MUST be fastened into a center buckle(see red tab) in order for a child to be safely restrained. Depending on the disability of the child there may be other necessary additions to the stroller such as lateral supports for posture, head supports etc.Without these straps being done up the child who seizures or has other physical disabilities could fall from the stroller during transport. When their body is not properly positioned they could also become a 'missile' in a school bus during a crash. 

This is the type of bus lift that Braden has on his school bus.

Over the past year Braden has come home from school on the bus, without his stroller straps being fastened on FOUR occasions!! Braden is taken off the bus using a mechanical lift that is several feet off the ground. The potential for injury if he were to fall forward and off the lift is mind boggling.Look at the picture above. How would you feel if your cild were to fal from this ramp?


I was very upset the first time, but when speaking with the teacher I was given assurances that it was a horrible mistake that would not be repeated. While I was upset and made it very clear to them how upset I was I also felt that I needed to try and see this as something that was a singular incident and that it wouldn't be repeated because I trusted these people to keep Braden safe.


Last January (around the same time he had the bruises pictured previously) he arrived home AGAIN with no straps fastened. This time I was extremely upset. I called and spoke to the vice principal and told him that this was inexcusable! I reiterated how dangerous this situation could be, and how outraged I was to have to be dealing with this again. Of course the administration made all the appropriate apologies and promises to me, ran through a check with the teacher and the CEA's and I was given assurances that the situation had been dealt with. I was frustrated but for some reason I decided to move forward. In retrospect I would have done things differently at that point, but hindsight is 20/20.


12 DAYS later....yes, as unbelievable as that is...it happened AGAIN!!! I was almost paralyzed with disbelief! I cannot even begin to describe the anger I was feeling. I probably uttered a lot of words that I won't type here. When I could breathe again I called the school and spoke to the vice principal. Of course there was concern and he assured me he would look into ...yeah I had heard that before! I told him that I was NOT sending Braden back to school until I could have assurance that he would be safe. I had lost trust in the staff and was not feeling at all confidant about any steps they had taken to ensure me that my son was safe.


I asked the vice principal a question, which would soon be answered in a terrible way for me. I said, "does a student have to get seriously injured before the staff takes safety issues seriously?"


I was told that there would be a meeting scheduled later that week between the teacher, myself, the vice principal AND the health nurse(another issue). By that time the staff would have some concrete strategies to present to me in order to ensure safety. Wow...what does it take? Why is this so damn difficult? The CEA's know what they are doing? Just get them to DO IT!! This isn't rocket science!