Gov. Michelle Lujan Grisham, Attorney General Hector Balderas and Rep. Javier Martínez, D-Albuquerque, are all moving independently to rein in some of the most dangerous practices in New Mexico classrooms: restraint and seclusion. Each is pursuing separate initiatives to enforce stricter reporting requirements for incidents involving the controversial practices.
Their efforts follow an October 2019 Searchlight investigation revealing that New Mexico schools routinely restrain and seclude special education students, often in violation of state and federal law. The state’s largest school district, Albuquerque Public Schools, has restrained and secluded students well over 4,600 times since 2014, the investigation found. It also found that APS repeatedly filed misleading reports to the federal government, even taking the extraordinary step of refusing to provide records to parents whose children were restrained or secluded.
Often referred to as “therapeutic holding” or “physical management,” restraint is a contentious and dangerous method of behavior management derived from karate and judo, in which specially trained school staff place children and youth in physical holds that restrict movement. Seclusion, another behavior management practice, entails forcing a student into isolated rooms sometimes referred to as “scream rooms.”
Child psychologists have decried the practices as ineffective and traumatic — for both students and staff.
The federal government is investigating alleged discrimination by Albuquerque Public Schools against a student with a disability. The claim involves Michael Bruening, a 16-year-old autistic student who last saw an APS classroom in May 2015, according to his mother, Laura Gutierrez. The school district placed Bruening on homebound instruction, or education at home, but according to Gutierrez hasn’t done enough to support his educational development. Gutierrez, who said she does the bulk of instructing her son now, estimates he’s only attained education levels around the 6th or 7th grade. “I can’t teach him without him blowing up,” she said in a recent interview.
More than a year after Albuquerque Public Schools denied her public records requests related to an incident involving her autistic son, Laura Gutierrez is taking the state’s biggest public school district to court. Her lawsuit, filed last month in Albuquerque’s state district court, alleges APS wrongly withheld public records responsive to requests she made in late 2015. She is asking for the school district to release the records and pay damages for violating the state’s Inspection of Public Records Act (IPRA). Under IPRA, public agencies can be fined up to $100 per day in damages for not fulfilling public records requests if the person who brings the suit can prove damages. “I have decisions I need to make as a parent, and without these records I can’t move forward,” Gutierrez said in an interview.
Laura Gutierrez has been trying to get public records from Albuquerque Public Schools for more than a year. In 2014 a school law enforcement officer allegedly used force against her autistic son. APS opened an investigation and soon cleared the officer of any wrongdoing. Gutierrez wants to see all the documents from this investigation. In the fall and winter of 2015, Gutierrez filed four public records requests with APS for the district’s internal investigation of the officer, an employee of the school district.
For more than a year, Laura Gutierrez has been at standstill in a dispute with the state’s largest public school district. Gutierrez is seeking records from an internal investigation of an Albuquerque Public Schools police officer that came after she alleged the officer tased her son during the fall of 2014. While APS handed over a memo stating that the investigation cleared the officer of any wrongdoing, it also withheld releasing supporting documents like a field investigator’s supplemental report, witness statements and a forensic interview conducted with Gutierrez’s son, Michael Bruening. “I should be able to know what my son said in the interview,” Gutierrez, who formerly went by the name Laura Bruening, told NM Political Report. Gregory Williams, an Albuquerque attorney and president of the pro-transparency New Mexico Foundation for Open Government, agrees.