On April 14, Franklin City Police arrested three staff members at S.P. Morton Elementary School in Franklin, Virginia on charges including abduction, assault and battery, and contributing to the delinquency of a minor. The arrests followed a February investigation into alleged physical abuse of non-verbal and autistic children in a special education classroom, captured on video surveillance.

Jessie Blow and Tabatha Saunders were named in the initial police report. A third staff member faces the same charges. The alleged misconduct ranged from flicking a child's ear to improperly restraining a student in a Rifton chair, a positioning device designed for therapeutic use, not restraint.

Separately, the U.S. Department of Education's Office for Civil Rights opened an investigation into alleged IEP implementation failures and retaliation at the same school. This case exposes how children in special education, especially non-verbal students, face elevated risks when staff aren't properly trained in disability rights and restraint protocols.

What Happened at S.P. Morton Elementary

The investigation began in February when parents reported concerns about staff conduct in a special education classroom. Video surveillance captured staff interactions with students that led to criminal charges.

Franklin City Public Schools completed an internal review and removed the three staff members from the classroom. The school district hasn't publicly disclosed how many students were affected or the timeline of the alleged abuse.

At least one parent, April Edwards, filed a complaint with the Office for Civil Rights alleging that staff failed to implement her child's IEP and retaliated after she advocated for disability accommodations. That investigation is separate from the criminal case but points to systemic failures in special education protections at the school.

What Virginia Law Allows for Restraint and Seclusion

Virginia's Board of Education adopted regulations (8VAC20-750) that took effect January 1, 2021, governing when and how school staff can use physical restraint or seclusion.

School personnel may use physical restraint only when other interventions are or would be ineffective and only to prevent a student from inflicting serious physical harm to self or others. The law defines physical restraint as "a personal restriction that immobilizes or reduces the ability of a student to move freely."

What's prohibited under Virginia law:

• Mechanical restraints (devices or equipment used to restrict movement)
• Pharmacological restraints (medication used to control behavior)
• Aversive stimuli (intentional infliction of physical or emotional discomfort)
• Restraint used as punishment, for staff convenience, or as a substitute for appropriate educational supports

The regulations ban the use of restraint in non-emergency situations. Using a positioning device like a Rifton chair to restrict a child's movement outside of therapeutic use violates state law.

Training Requirements Staff Must Meet

Virginia requires all school division staff to receive evidence-based basic training in strategies to make seclusion and restraint less likely. Every school must provide advanced training in physical restraint and seclusion to at least one administrator and any staff members who work with students whose IEP or Section 504 teams determine are likely to need those interventions.

Staff who work in special education classrooms with students who have significant behavioral needs must complete this advanced training before they're allowed to implement restraint protocols. The training must include:

• De-escalation techniques
• Trauma-informed practices
• Proper restraint holds that minimize injury risk
• Documentation and notification requirements
• Debriefing procedures after a restraint incident

Schools must keep records of who completed training and when. You can request this information as part of your child's educational record.

What This Means for Families

Non-verbal children and students with significant communication disabilities face disproportionate risks in school settings. They can't verbally report abuse or unsafe restraint practices. That vulnerability requires stronger safeguards, not weaker ones.

If your child is in a special education classroom, you have the right to know:

• Whether the school uses video surveillance in classrooms (some states, including Virginia, are debating mandatory cameras in special education settings)
• What restraint protocols are in place and when they can be used
• Which staff members have completed advanced restraint training
• How the school documents and reports restraint incidents

Schools must notify parents the same day any restraint or seclusion occurs. You should receive a written incident report within two school days that includes what happened before, during, and after the restraint, who was involved, and how long it lasted.

If you don't receive notification or the school delays reporting, that's a violation. Document the gap.

Signs Your Child May Be Experiencing Abuse or Improper Restraint

Non-verbal children may not be able to tell you what's happening at school. Watch for:

• Unexplained bruises, particularly on upper arms, wrists, or torso
• New resistance to going to school or entering the classroom
• Behavioral regression (loss of skills they previously had)
• Changes in sleep patterns, appetite, or self-soothing behaviors
• Physical signs of stress when you mention school or specific staff names

Trust your instincts. If your child's behavior changes significantly without explanation, ask the school for incident reports and video footage (if available).

What Families Can Do Now

If you suspect abuse or improper restraint in your child's classroom:

Document everything. Keep a log of behavioral changes, physical marks, and anything your child communicates about school. Take photos of any injuries with timestamps.

Request incident reports in writing. Send an email to the principal asking for all restraint and seclusion reports for your child for the current school year. Schools must provide these within a reasonable timeframe under FERPA.

Ask for video footage. If the school uses surveillance in classrooms, request footage for specific dates. Put this request in writing and reference FERPA rights to access your child's educational records.

File an OCR complaint if the school fails to implement the IEP. The Office for Civil Rights investigates complaints about schools that don't provide required services or retaliate against parents for advocating. You can file online at any time. There's no cost.

Contact local law enforcement. Physical abuse is a crime. You don't need the school's permission to file a police report.

Consult a special education attorney. Many attorneys offer free initial consultations. If the school violated your child's IEP or failed to protect them from harm, you may have grounds for a due process complaint or civil action.

How the OCR Complaint Process Works

The Office for Civil Rights enforces federal civil rights laws that protect students with disabilities. You can file a complaint if you believe a school:

• Failed to identify, evaluate, or provide services to a student with a disability
• Didn't implement the IEP as written
• Retaliated against a parent for advocating for their child's rights
• Discriminated against a student based on disability

You have 180 days from the date of the alleged violation to file. OCR complaints are free and don't require an attorney.

What OCR does:

• Reviews your complaint to determine if it falls under their jurisdiction
• Investigates by requesting documents from the school and interviewing witnesses
• Issues findings and, if violations are found, requires the school to take corrective action
• Monitors compliance until the school meets its obligations

OCR doesn't award money damages. It focuses on stopping the violation and preventing it from happening again. If you want compensation, you'll need to pursue that through a due process hearing or lawsuit.

Federal Protections Under IDEA

The Individuals with Disabilities Education Act (IDEA) requires schools to provide a free appropriate public education (FAPE) in the least restrictive environment. That includes protections against improper restraint.

If your child's IEP includes a behavior intervention plan (BIP), the plan must specify:

• What behaviors might require intervention
• What positive supports will be used first
• Under what emergency conditions restraint might be necessary
• What type of restraint is permitted and who is trained to implement it

Schools can't add restraint as a planned intervention without convening the IEP team and getting parent consent. If staff are routinely restraining your child without an emergency, the school is violating FAPE.

What Happens Next in the Franklin Case

The three arrested staff members face criminal prosecution. If convicted, they could face jail time and permanent criminal records. The charges of abduction, assault and battery, and contributing to the delinquency of a minor signal that prosecutors believe the conduct went beyond poor judgment into criminal territory.

The Office for Civil Rights investigation will proceed separately. If OCR finds that S.P. Morton Elementary failed to implement IEPs or retaliated against parents, the school district will be required to take corrective action, which may include policy changes, additional staff training, and compensatory services for affected students.

Parents of students at S.P. Morton Elementary should request a copy of their child's restraint and seclusion records and review them for patterns. If multiple students experienced similar treatment, a class action complaint may be appropriate.

Where to Find More Information

• Virginia regulations on restraint and seclusion (8VAC20-750)
• U.S. Department of Education OCR complaint process
• Disability Law Center of Virginia (free legal assistance for students with disabilities)
• VDOE guidance on restraint and seclusion

You don't need to accept staff explanations that minimize what happened. If your instincts say something is wrong, investigate. Non-verbal students depend on adults to see what they can't say.