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Massachusetts family sues school district, employees after a third grader was restrained multiple times | CNN

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Massachusetts family sues school district, employees after a third grader was restrained multiple times | CNN




CNN
 — 

A Massachusetts mother is suing her son’s former school district and several of its employees for allegedly “brutally and impermissibly” restraining the boy, who was 8 years old at the time, on numerous occasions – including with a “gym mat” – according to a copy of the lawsuit obtained by CNN.

The boy, who is Black and referred to by the initials “M.W.” in the lawsuit, attended Glover Elementary School in Marblehead, Massachusetts, as a third-grader from September 2023 to March 2024 as a part of the commonwealth’s voluntary school integration program called the Metropolitan Council for Educational Opportunity (METCO).

CNN has agreed not to name the boy or his mother over the family’s concerns about the emotional health and wellbeing of her son.

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Nearly 83% of students at Glover Elementary School were White and less than 2% percent were Black during the 2023-2024 school year, according to the commonwealth’s Department of Elementary and Secondary Education.

While enrolled in the school, employees allegedly restrained the child multiple times and, on those occasions, according to the lawsuit, they “forcibly grasped his wrists,” “dragged (him) down school hallways,” and, on at least one occasion, “encircled (M.W.) … with a large gym mat so that he was forcibly trapped” and pushed to “transport” him, leaving him “isolated … in empty rooms.”

“These employees’ actions terrified M.W. and caused him to suffer from severe asthma attacks and vomiting,” the lawsuit states.

According to the lawsuit, M.W. was restrained “in three separate incidents” on December 6, 2023 – including after an incident that “occurred because M.W. had a baseball bat and was allegedly swinging it at some of the Defendant staff — a characterization that is not corroborated by video evidence.”

Later that day, M.W. “needed emergency transport to the hospital via ambulance because his asthma attack could not be controlled,” according to the lawsuit.

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A school employee allegedly witnessed this incident and filed an anonymous complaint with the Massachusetts Department of Children and Families (DCF), a child welfare agency, the lawsuit states.

Erika Richmond Walton, the family’s attorney, told CNN the child’s mother withdrew him from the school in March of this year.

“I want there to be accountability from the district regarding what happened to my clients and the trauma that they are still experiencing,” Richmond Walton said.

“We want there to be a change in the way that this district and other districts in Massachusetts treat Black and Latinx children. We also want there to be some reform regarding Massachusetts restraint laws,” she said.

The commonwealth’s Department of Elementary and Secondary Education has guidelines that state the use of restraint “shall be limited to the use of such reasonable force as is necessary to protect a student or another member of the school community from assault or imminent, serious, physical harm.”

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The lawsuit notes that the regulations prohibit physical restraint from being used when a student cannot be safely restrained due to medical reasons, including asthma.

Four Glover Elementary school employees were placed on paid administrative leave in December while the district reviewed its policies on student restraint, according to CNN affiliate WCVB, citing Marblehead Public School’s interim superintendent Theresa McGuinness.

At the time, McGuinness said the employees’ leave “is not a punitive action, but it is necessary during this process,” according to WCVB.

CNN has reached out to the school district to confirm if the employees placed on administrative leave were those involved in the incidents mentioned in the lawsuit. CNN has not been able to confirm the current status of the four employees.

The lawsuit seeks damages from the Town of Marblehead, the school district and individual employees in an amount to be determined at trial and to have the child’s student record cleared.

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In response to a question from CNN about incidents spanning September to December, McGuinness shared a statement this month, saying that when district leadership learned about the allegations, they “commissioned an outside investigation into the matter, and took appropriate action.”

“The Marblehead Public Schools was transparent during the difficult process and will continue to be,” McGuinness said in the statement.

“Furthermore, immediately upon learning of the matter in question, the district filed a 51A child abuse/neglect report with … (DCF), in keeping with its role as a mandated reporter,” the statement said.

In response to a question from CNN, DCF confirmed it received a report and investigated. Richmond Walton shared a copy of DCF findings sent to the mother with CNN. It concludes that five allegations of neglect of her son were “supported.”

Three out of the five caregivers who are identified in the DCF report are named as plaintiffs in the lawsuit.

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The school district also hired a third-party consulting firm to investigate a November incident where staff were allegedly “using a large, padded mat to trap M.W. and control his movements,” according to the lawsuit.

During the incident, the student began to “experience symptoms of active asthma” and vomited and, according to the lawsuit, “only then did a Glover Elementary School employee give M.W. his inhaler.”

The independent investigators issued a redacted report in March that aligns with the lawsuit’s description of what happened during the Nov. 20 incident, including that employees “transported” a student in a padded mat.

Richmond Walton confirmed to CNN that M.W. was the student referenced in the consulting firm’s report.

The report concluded, “the staff involved in this incident … had an extraordinarily difficult task. Some of the techniques that were utilized were not aligned with the proper procedures outlined in Safety-Care training.”

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The report also said that, while school staff had “every right to use restraints” to prevent potential harm, the “violation of procedure was their selected method of restraint.”

“The improvisation of encircling (M.W.) with a mat was an undue hardship on (M.W.) and was unnecessary for creating a safe environment. Furthermore, the chosen restraint was not effective,” the report said, adding that “in the heat of the moment, (M.W.) was improperly transported.”

Investigators also concluded that using the mat in this incident … was a violation of the commonwealth’s regulation prohibiting use of “mechanical restraint…and seclusion.”

In March, the district unveiled a new plan outlining how it would address restraints on students in the future, called “Restraint Response Plans … Our Way Forward.”

The plan includes, among other things, requiring all staff to participate in a training on restraint prevention and behavioral support policy, and requiring staff debrief after “any significant escalation” to “prevent and minimize future incidents.”

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Richmond Walton said M.W. has since enrolled in another school, but he’s still dealing with trauma because of the incidents.

In a statement shared with CNN through her lawyer, the now 9-year-old’s mother said her son has had a difficult time adjusting to his new school.

“The teachers say he is showing signs of trauma,” she said. “It’s very hard to see that my baby is not the same. I cry every day.”

According to a report from the US Department of Education’s Office for Civil Rights, “approximately 52,800 K-12 students were physically restrained, mechanically restrained, and/or placed in seclusion at schools,” during the 2020-2021 school year.

While Black students made up 15% of K-12 public school enrollment during the same year, the report found they accounted for 21% of students physically restrained, 42% of the students restrained using a device or equipment, and 19% of students secluded.

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Boys, Black students, students of two or more races and students with disabilities were also more likely to be restrained, the report said.

Richmond Walton told CNN the child’s mother believes her son’s race played a role in the repeated use of restraints.

“She’s almost 100% sure that this would not be happening if he was a White child,” she said. However, Richmond Walton said METCO should not take the blame, and she feels the school district is responsible.

“Districts that participate in the METCO program are obligated to be welcoming and respectful of the children of color that attend these schools,” she said.

According to the commonwealth’s department of education, the METCO program “is a voluntary program intended to expand educational opportunities, increase diversity, and reduce racial isolation for students in urban and suburban communities.”

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It allows children from Boston and Springfield to attend schools in other districts with greater resources. METCO currently serves approximately 3,200 students across 38 school districts in metropolitan Boston and outside Springfield.

METCO President and CEO Milly Arbaje-Thomas said in a statement that the program remains committed to “empowering our METCO districts with the tools and resources they need to recognize, respond to, and repair racial harm in their communities.”



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Massachusetts

Vigil marks 2 years since mysterious disappearance of Brittany Tee in Massachusetts

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Vigil marks 2 years since mysterious disappearance of Brittany Tee in Massachusetts


BROOKFIELD – The Brookfield community gathered for a candlelight vigil Friday night, marking two years since the disappearance of 35-year-old Brittany Tee on January 10, 2023.

The community packed the Brookfield Congregational Church, surrounding the family and vowing to keep looking for Brittany.

Since that January 10th day, her family has been carrying an unrelenting weight on their hearts, not knowing where she is.

“Where is she? What happened to her?”

“They say time heals all wounds, but I disagree, not when your family member disappears out of nowhere without a trace,” said Brittany’s sister Bethany Tee. “Time is making that wound bigger. There is no healing, no closure, just daily heaviness in your heart and constant thoughts of worry. Where is she? What happened to her? Is she safe? Are we doing enough?”

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Brittany Tee
Brittany Tee was last seen in Brookfield, Massachusetts on January 10, 2023.

CBS Boston


The 35-year-old was last seen leaving the Main Street house she shared with her boyfriend that Tuesday evening. Despite efforts to reach her, she was never seen again.

A nearby river and woods have been searched extensively with no results.

DA attends vigil  

Worcester Country District Attorney Joseph Early joined the vigil to assure the community investigators are still working the case.

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“It doesn’t always happen as quickly as we would like, and that’s the tough part, that’s tough, the anxiety, the wonder,” said DA Early. “But I can tell you this, everything they do they do it better than anyone I’ve ever seen.”

Two years later, they hold onto every hope, hug, kind word and prayer, refusing to give up on finding Brittany.

“We are not giving up; we will never give up. We love and miss you Brit and we’ll bring you home,” said Bethany Tee.

The night she was last seen, Brittany wore a black winter coat, a hoodie, jeans, and work boots.

An anonymous tip line has been set up at (508) 453-7589. People are encouraged to call if they know anything or something comes to mind. 

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Massachusetts

EZDriveMA text message scam resurfaces. Here’s what Massachusetts drivers should do if you get one.

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EZDriveMA text message scam resurfaces. Here’s what Massachusetts drivers should do if you get one.


BOSTON – A texting scam targeting drivers in Massachusetts has resurfaced. It claims that drivers owe money for unpaid E-ZPass tolls through EZDriveMA.

The scam first appeared back in June and recently surged again during the holidays, according to the Massachusetts Department of Transportation (MassDOT).

EZDriveMA scam – how it works

The scammers target drivers using “smishing” where they send a text or email saying they are part of the tolling agency. They claim that a driver has an unpaid toll and that they should settle their bill using a link provided before late fees occur. 

“They’re really playing to your psyche, asking you to make sure you avoid these charges and try to do the right thing. And unfortunately, it really gets people roped in,”  MassDOT Highway Administrator Jonathan Gulliver told WBZ-TV Friday.

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MassDOT urges customers to never click links sent by unknown numbers or emails. They emphasized that they will never send a bill or any information through a text message.   

The text message may appear like this one. Officials say not to interact with the message in any way.

CBS Boston


Gulliver says the scam targets people with phone numbers near tolling authorities. The scammers do not have any specific information about their targets but hope to get personal and financial information through the link. He said that he personally received one of the messages.

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Dartmouth Police issued a warning to residents about the scam making the rounds again, saying that an officer personally received one of the messages. 

What to do if you receive a scam text message

If you think you have received a scam text message, officials say you should not click on any links, do not respond to the message, and do not give out any personal information. They advise people to ignore the message completely and delete it before interacting with it. 

If you are concerned about a message, you can validate the authenticity of it by going directly to the toll website or calling the toll authority at 877-627-7745.

If you have already clicked on a link, MassDOT recommends taking precautions to secure your financial and personal information and disputing any unknown charges through your bank.

“First thing you should do, don’t call us. Call your bank or your credit card. If you have already given them some information, make sure you put a hold on whatever account you have, work with their fraud unit to make sure that you’re not exposing yourself to anything more,” Gulliver said.

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If you believe you have received one of these scam text messages, you can file a complaint with the FBI through the Internet Crime Complaint Center (ICC).

Past E-ZPass scam

This type of “smishing” scam surged in Massachusetts in 2024. The scam similarly included an invoice advising people to settle an overdue EZDriveMa bill using a provided link.

A retired FBI agent said the scam was successful because it collected cash in small amounts and that people may not have been aware that they had passed through a toll.

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Thursday’s six biggest high school takeaways, including a Gatorade award and a new all-time leading scorer in Saugus – The Boston Globe

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Thursday’s six biggest high school takeaways, including a Gatorade award and a new all-time leading scorer in Saugus – The Boston Globe


While Newton North claimed its third straight Division 1 championship in the fall, on Thursday Sasha Selivan became the first Tiger to be named Gatorade Massachusetts Volleyball Player of the Year.

“Sasha is in a league of her own as far as Massachusetts’ setters go,” said Bishop Feehan coach Heidi Bruschi. “No one else I’ve seen comes close.”

The 5-foot-9-inch sophomore led the Tigers to a 24-1 record with 673 assists, 133 digs, and 115 kills. In the Division 1 final, a 3-0 win over Brookline, she recorded 26 assists and four aces. Selivan is ranked as the nationals’ No. 128 player in the Class of 2027, according to PrepVolleyball, and was the Division 1 tournament MVP and a Division 1 All-State selection.

She maintains an A average in the classroom and volunteers locally as a youth volleyball coach and mentor.

2. DiBiasio keeps scoring for Saugus

While Saugus assistant coach Norma Waggett watched, junior Peyton DiBiasio broke her coach’s all-time program scoring record by netting 27 points to surpass the mark of 1,100 Waggett set in 2013. Saugus lost, 51-40, to Minuteman to fall to 5-2.

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3. On to college

In Danvers, St. John’s Prep announced 18 college commitments across eight sports:

Football

Merrick Barlow (Newburyport) to Naval Academy

Graham Roberts (Swampscott) to Harvard

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Newburyport’s Merrick Barlow, who had 11 TD receptions in 2024, formally committed to play football at Navy during a ceremony at St. John’s Prep on Wednesday.Courtesy St. John’s Prep

Baseball

Will Shaheen (Portsmouth, N.H.) to Harvard

Nic Lembo (Danvers) to High Point

Lacrosse

Charlie Angell (Winchester) to Pennsylvania

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Ryan DeLucia (Winchester) to Georgetown

Luke Kelly (Marblehead) to Michigan

Cameron McCarthy (Marblehead) to Loyola Maryland

JP Sullivan (Swampscott) to Saint Anselm

Jack Weissenburger (Marblehead) to Harvard

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Sam Wilmot (Topsfield) to Richmond

One of seven St. John’s Prep lacrosse players who signed Wednesday’s commitment ceremony, midfielder Luke Kelly of Marblehead will take his talents to Michigan this fall.Courtesy St. John’s Prep

Golf

Tripp Hollister (Sudbury) to Bryant

Cross-country

Daniel Padley (South Hamilton) to Holy Cross

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Swimming and diving

Kye McClory (Lynnfield) to Holy Cross

Greg Santosus (Marblehead) to Virginia Military Institute

Tennis

Luke Prokopis (Lynnfield) to Holy Cross

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Jack Prokopis (Lynnfield) to Holy Cross

Track and field

Noah Kabel (Swampscott) to Sacred Heart

4. Western Mass shuffle

Lots of league movement in Western Mass, particularly in football and girls’ soccer. Check out the reporting from Jesse Koldokin at the Eagle Tribune and Gage Nutter at MassLive.

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Here’s the Cliff’s notes version: Chicopee Comprehensive and Holyoke will leave the AA League and be replaced by West Springfield and East Longmeadow. The Tri-County loses Springfield International and gains Belchertown.

In the Suburban South, Wahconah is joined by Pittsfield, Putnam, and Chicopee Comprehensive. The Suburban North will feature Taconic and South Hadley, plus Hoosac Valley, Lee, Easthampton, and Holyoke.

The Intercounty South sees Chicopee, Ludlow, Springfield International, and Northampton join Commerce and Frontier. The Intercounty North remained unchanged.

In girls’ soccer, the Berkshire League’s Grieve division will be Drury, Wahconah, Pittsfield, Lenox, Monument Valley and Mount Greylock. McCann and Hoosac Valley move to the Pioneer South and Taconic, Lee, and Mt. Everett move to the Tri-County North.

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5. Thursday’s leaderboard

The top scoring performance of the night came in a defeat as Jacob Klass dropped 35 points for Beverly in a 77-73 loss to Gloucester that saw Nick Deleon score 26 for the Fishermen.

Minuteman’s Muji Vader nabbed 11 steals and added 24 points in a 63-19 win over KIPP Academy, sophomore Divine Egbuta led Lynn Classical with 26 points in a 58-46 win over Somerville, and Notre Dame (Hingham) junior Elle Orlando packed the box score with 25 points, 9 rebounds, and 8 steals in a 72-35 win over Ursuline.

On the ice, Newburyport’s Olivia Wilson netted a hat trick in a 7-3 win over Stoneham/Wilmington and Justin Thibert delivered three goals for Shawsheen in a 9-1 win against Nashoba Tech/Greater Lowell.

Freshman netminder Suki ten Brinke saved all 18 shots she faced to record her first shutout of the season in Lincoln-Sudbury’s 3-0 win over Westford, and Central Catholic junior Sydney Foster made 21 saves in her first shutout of the season, a 7-0 defeat of Wayland.

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6. Linked up

Before we bid adieu, a few things we’ve written recently, starting with Trevor Hass’s story on Bishop Feehan honoring the late local hoops legend Mike Babul by wearing black wristbands featuring his initials during a win over Bishop Fenwick.


Brendan Kurie can be reached at brendan.kurie@globe.com. Follow him on X @BrendanKurie.





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