Oct 15, 2022
SILVER CREEK – A former administrator’s criticism of an alleged “isolation cell” at Silver Creek Elementary School last spring led to plenty of community controversy, criticism and – according to a Freedom of Information Law request by the OBSERVER – a hefty additional cost to the district.
Over seven weeks, the district reported, it paid $74,266.53 to Webster Szanyi LLP, which is based in Buffalo. The firm’s investigation of the issue began immediately after Jay Hall sent a four-page letter to the Board of Education outlining allegations regarding the space. His letter was later posted to social media noting that “children as young as 5 years old are being … locked in the isolation cell.”
Upon receiving the letter from Hall, district officials contacted the legal firm that proclaims its goal is to provide clients with “the best possible representation by highly skilled attorneys at a reasonable cost.” School officials then requested an “immediate, comprehensive, and thorough investigation.”
From March 30 to May 10, attorneys conducted 28 interviews, analyzed more than 215 documents and several videos, and inspected a number of spaces in the district. In total, the investigation included approximately 290 hours of work and incidental costs, such as printing and binding the investigation report. According to the district and the firm, Hall refused to be interviewed.
Melanie Beardsley of Webster Szanyi briefed the school board on May 19 on the findings and recommendations regarding the de-escalation room. Her report showed there was no evidence that any student was struck, manhandled or assaulted in any way.
Beardsley also pointed out the district did not have a board policy or any other written policies or procedures detailing the use of the room and must develop and implement policies and procedures, which include the physical and monitoring requirements, parental rights, and educational requirements for students with disabilities if it uses a time out room.
“As a result of this investigation, it is clear to us that some of our children absolutely need a safe space to de-escalate, calm down, and with the help of administrators and staff, prepare for a safe return to the classroom,” said then board President Stephen Boothe. “We have an obligation to each and every child in the District to do whatever we can to give all of our students access to the best education possible.
From the investigation, it is clear to us that de-escalation or sensory rooms, and perhaps both, can serve as vital tools in that regard.”
District officials on Thursday at a school board meeting spoke about policies regarding the room. “We worked really hard and we got all of the policies and procedures in place. We sent them out to all the district parents,” said Board of Education President Martha Howard. “We complied with everything that we were required to in that regard.”
“It’s a time-out room policy. There was never an ‘isolation room’ at a Silver Creek school,” stressed Superintendent Todd Crandall.
Webster Szanyi also is the firm that offers legal advice to Fredonia. In 2021, it charged the village $234,063 for its services, which was three times more than the previous village attorney was paid in 2020. His total salary was $68,615.
Staff writer Braden Carmen contributed to this article.
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