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St. Lawrence County and SL-L BOCES struggle for common ground on safety after power saw used in Life Skills class

Posted 3/25/18

POTSDAM – Implementation of several safety measures in a St. Lawrence-Lewis BOCES Life Skills program was not enough to satisfy the parents of an autistic child who are livid that he used a power …

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St. Lawrence County and SL-L BOCES struggle for common ground on safety after power saw used in Life Skills class

Posted

POTSDAM – Implementation of several safety measures in a St. Lawrence-Lewis BOCES Life Skills program was not enough to satisfy the parents of an autistic child who are livid that he used a power saw in the classroom.

St. Lawrence County Republican Legislator Joseph Timmerman removed his 16-year-old son, Eric, from the program over the issue. He says he is considering moving, with hopes of leaving the St. Lawrence-Lewis BOCES District.

Several parents have since offered praise for the Life Skills program, a special education curriculum that helps special needs students learn independent living skills.

The dispute highlights the challenges school officials face responding to competing demands from parents, lawmakers and taxpayers.

Timmerman said he felt uneasy after he received a photo of Life Skills teacher David Smith helping his son Eric operate a power saw. He contacted BOCES with many concerns regarding the Life Skills class.

BOCES implemented several safety procedures that go beyond state requirements, but the Timmermans still removed Eric from the program. “We’ve contacted a real estate agent, we’re prepping our house for sale, and we’re exploring our options in other counties,” he said.

Timmerman’s concern focused largely on the proximity of power tools to students with delayed learning abilities. He remained fearful students could be injured.

Opposing Views

Parents of other students in the class feel differently.

Teresa Burnor of Madrid said the class changed the life of her son for the better. “Before this class, I don’t think that I would have ever allowed him to handle a hammer and now I feel confident that he could use tools with minimal supervision,” she said in a letter to the editor.

Since receiving the Timmermans’ complaints, BOCES set up “new physical barriers in the workshop” and added special safety warnings on the floor to separate Life Skills students from the power tools.

School officials had a safety review of the classroom conducted and Smith took OSHA training in an attempt to satisfy the Timmermans, according to BOCES Spokesperson Rebekah Grim. The Timmermans also wrangled with school officials over whether all of the power tools in the class are hardwired and kept turned off by a central circuit breaker box.

At the Potsdam site, power saws were in the same room as the crafts area, where Life Skills students spend part of the day sanding, painting, and assembling wood pieces that a teacher pre-cuts for them. The room, rented by BOCES for the program from the Potsdam Central School District, is also used for other classes that make use of the power tools.

Timmerman was unaware that power tools would be used in the Life Skills class and was shocked when he found out. Smith used power saws with students present when adjustments were needed to the projects they’re working on, Timmerman said.

Timmerman says that since his son witnessed Smith operate a power saw, Eric has repetitively asked to be allowed to operate it. “After Smith explained to him that the circular saw can cut off his hand, he started repetitively talking about cutting his hand.”

Timmerman presented a photo to North Country This Week that shows his son operating a power saw while Smith guided his hands. Smith did not wish to speak with North Country This Week regarding the story, Grim said.

Many Meetings & Complaints

On Dec. 15, the Timmermans met with Potsdam Committee of Special Education (CSE) Chairperson Jennifer Neaton and BOCES Potsdam Site Supervisor Emily McGregor. As a result of that meeting, the Potsdam school district arranged for a safety assessment of the life skills pre-vocational workshop.

“We didn't actually ‘request’ the safety assessment. We asked if there had been one,” Timmerman said. “There had not, so I suggested the Potsdam school district would want to get one because of their liability in the situation.”

Timmerman said he and his wife asked questions during the meeting that Neaton and McGregor but were unsatisfied with the answers, so they later emailed BOCES Director of Special Education Renee Langtry-Green and BOCES Superintendent Tom Burns.

Among complaints leveled by Timmerman was the fact Smith had no technology certification. But school officials noted technology certification is not required under state regulations.

“Dave Smith has all appropriate certifications for the Life Skills program and has taught special needs children for nearly 30 years, including 12 years in the workshop setting,” Grim said. “His certification is aligned with the standards for NYSAA students leading to a skills and achievement commencement credential.” NYSAA, or the New York State Alternate Assessment, is the testing program that measures students with the most severe disabilities.”

Grim said Smith and his teaching assistant have since attended OSHA training in response to Timmerman’s complaints. However, she added that public employees are guided by the Public Employee Safety and Health (PESH) bureau, and OSHA training is not required of school employees.

Timmerman also criticized BOCES for its lack of a safety department.

“They contract for safety-related services with the Jefferson-Lewis BOCES safety department, but they didn’t actually bring anyone in to assess safety in the life skills workshops (until a safety assessment was suggested). “

But Grim says BOCES has adequate safety oversight through a contract with Jefferson-Lewis County BOCES. “A prior inspection was conducted in 2016. However, upon request, a special safety audit was completed on Feb. 3 by NYSIR (New York State Insurance Reciprocal) and the Jefferson-Lewis Safety Risk Management department.”

The safety assessment “found that one saw needed a new guard,” Grim said. “The safety audit conducted by NYSIR did not identify any violations or areas where Potsdam CSD and BOCES were not meeting requirements.”

Yet, Timmerman says BOCES is still failing to put “a strong emphasis on safety.”

The Timmermans on Jan. 29 asked the school to remove the power tools from the classroom and discussed safety measures at a Feb. 7 CSE meeting.

When the Timmermans asked for a divider to be put up between the student craft area and the power saw "danger zone," Timmerman said BOCES refused at first and then later agreed.

Although Eric has never sustained an injury in class, Timmerman says it’s unacceptable to wait for an injury rather than take steps to prevent one.

He said he and his wife have not talked with other parents in the program, but noted their opinions would not change based on knowing how others feel.

Support For Life Skills

Some parents support the Life Skills program, including the use of power tools.

Patti Walters had two sons graduate from the program. “Both Alex and Curt are on the spectrum and thrived in the setting of those classes,” she said.

Walters said they both especially enjoyed being in the shop class taught by Smith.

“We were quite aware of the dangers that could be in the class, but the benefits outweighed the dangers by learning how to make things with wood and other materials,” Walters said.

“We, as parents of special needs children, now adults, have to have an ounce of trust and confidence that (our) children will be safe and secure in whatever environment they are in,” she said.

Timmerman says he plans to continue his fight in his role as county legislator, “responsible to the citizens” of St. Lawrence County. “My next steps will involve discussions with the disability advocacy group, the St. Lawrence County Board of Health, and the St. Lawrence County Legislature.”

“With the exception of removing all tools from the workshop, all requests made by the Timmermans have been met,” Grim said.

“We are confident that all of our students are safe while they are at school, and that proper measures and care taken to ensure safety in all of our programs,” she said.

“Both the Commissioner of Education, MaryEllen Elia, and Assistant Commissioner Suriano have visited our Potsdam programs recently and found them to be a model for the rest of the state.”