New York asks curb to shocks at school

ALBANY, N.Y. -- New York regulators recommended severe limits yesterday on the use of electric shock and other painful punishments at a Massachusetts school for students with mental retardation, autism, and emotional problems.

A committee of the New York Board of Regents voted 7 to 1 to ban the use of shocks, food deprivation, and other punishments on students from New York, unless the Judge Rotenberg Educational Center in Canton can prove that the treatment is justified for individual students. The full board is expected to accept the recommendation today.

Though the rules would apply only to New York students, that state provides nearly two-thirds of the 250 students at the school, where half wear electroshock devices 24 hours a day, so that teachers can control aggressive or self-injuring behavior.

A report last week by New York investigators found that students were receiving two-second shocks for even relatively minor offenses such as nagging or swearing.

Separately, the Massachusetts Legislature is considering a bill that would ban shock treatments for all students.

``This is an extreme form [of punishment] that is not acceptable except in unusual circumstances," said Merryl H. Tisch, cochairwoman of the committee that recommended the limits on so-called aversive therapy.

If the full Board of Regents accepts the committee recommendation, the restrictions would take effect on Friday. Though the rules apply to all schools attended by New York students, only the Judge Rotenberg Center uses shock treatment.

More than 50 supporters of the Rotenberg school, including many parents of students, packed the meeting room, prompting one board member to complain that they had not been allowed to speak.

Dozens of parents have said that the discipline of the school saved their child's life by stopping dangerous behavior.

``If you end [shock treatments], I'm done, because my son needs aversive treatments," said Marie Washington, who said her son, Jacques, was prone to violent, unprovoked attacks. ``At the Judge Rotenberg Center, he has a life. I love the life he has."

Michael Flammia, lawyer for the school, predicted that ``you're going to see a lot less educating going on" if the school has to dramatically reduce aversive therapy.

But New York Education Department officials argued that the Rotenberg Center is too quick to punish and employs some techniques that no one should endure. Under the regulations, the school would no longer be able to physically restrain students while administering shocks, and they could not use a device that automatically delivers shocks at timed intervals.

The regulations do not ban shocks or other aversive therapies. However, the Rotenberg Center would have to submit a plan to the state showing how the school will strive to use the least pain possible for the least possible time.

Then school officials would have to seek an exemption from the ban on aversive therapy for each individual student who they believe requires aversive therapy. Local school districts sending the student to Rotenberg would be required to use a three-member panel of specialists to review each case.

The Rotenberg Center is required to get court and parental approval to administer shocks or other severe punishments.

``The children of New York have won a great victory. My only questions is: What took so long?" said Kenneth Mollins, a lawyer for the family of a New York teenager that is suing the state of New York for the 79 shocks the boy is reported to have received while at the Rotenberg Center.

But board member James R. Tallon Jr. said his vote for the rules was a ``close call."

Tallon also said he had great sympathy for the families of the Rotenberg students. ``We're dealing with among the most challenging family circumstances that people can face," he said.

Scott Allen can be reached at allen@globe.com.