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State officials have determined that Syracuse's LeMoyne Elementary School improperly placed a child in a small "time-out" room in May.

(Paul Riede | priede@syracuse.com)

SYRACUSE, N.Y. - Behind a steel door marked "Elevator Machine Room" lies an area with no windows, poor ventilation and bare concrete walls. There, staff at a Syracuse elementary school numerous times sent an unruly 9-year-old, a police investigation found.

The room is five feet wide by six feet long with a 7-foot ceiling. The boy told school district officials he had to see the school nurse after leaving the room.

A custodian says he alerted the school psychologist that a student had been placed in the room. The custodian told police the psychologist's response was, "Oh, they're using that again." The custodian also told police he once heard a child screaming inside the room while a staffer outside held the door shut.

Syracuse police Officer Michael Murphy's account is the first public description of the room that's been investigated in the last three months by at least four agencies. The room at LeMoyne Elementary School is currently the subject of a grand jury. Murphy's 12-page report affirms a grandmother's complaint June 11 to the school district that her grandson was placed in a room not much larger than a closet.

Murphy said district officials told him the use of the room "was in complete contrast to what the state of New York deems appropriate." The officer said he also learned the boy, a fourth-grader, was placed in the room "numerous times."

Syracuse police investigated the room after Norma Smith complained to the district that her grandchild had been put in the room several times after he acted out. Smith, who is the boy's legal guardian, said she learned of the room's use from her grandson and not school officials.

Her complaint led to a finding by the state Education Department that the boy was placed in an inadequate "time-out" room even though his individualized education program and behavior management plan did not call for the use of the room.

Smith's complaint also prompted a district investigation that resulted in the school principal and two school employees being placed on paid leave. While still on leave, Principal Laura Vieira-Suarez was later removed from her post and appointed "principal on special assignment" in the district's central office.

For his report, Murphy interviewed the three employees placed on leave; Smith; her grandson and 12 district employees. Among the officer's findings are:

Vieira-Suarez, Administrative Intern Cheryl McDonald, who acted as an assistant principal, and Teaching Assistant Kathleen Warren were

The room has an interior door which leads to another room which contains the controls to the school's elevator. A child's access to those controls could threaten the safety of the entire school.

A custodian observed McDonald in March holding the steel door shut while a child could be heard inside screaming. At that time, there was no lock on the interior door to the control room, the custodian, Robert Francis, told Murphy. Francis said he filed a work order on March 18 to have the interior door locked.

The room did not comply with state Education Department rules for time out.

"It's apparent that the room that was alleged to have been utilized at LeMoyne School was not appropriate," Murphy wrote.

A school nurse's notes showed the boy was placed in the room on at least two occasions. The nurse, Donna Dooley told Murphy she was instructed by Vieira-Suarez to help bring the boy to the room on Oct. 29, 2013. The nurse said the principal told the boy that his grandmother had agreed to have him placed in the room when he acted out. When Dooley observed that the boy was again placed in the room May 12, 2014, she said she asked if the practice was school policy. The nurse told the officer that McDonald said the grandmother had agreed to the use of the room for time out when the child became a risk to himself or others.

Murphy's report provided the following chronology:

Smith contacted the city school district's special education department on June 11 after learning about the room. The next day, the boy led Assistant Director of Special Education Amy Evans to the room. After being told by the boy that Vieira-Suarez and McDonald was putting him in the room, Evans notified the district's Office of Talent Management.

An internal investigation was completed on June 18 and submitted to Superintendent Sharon Contreras. Police were notified later that day.

Vieira-Suarez, McDonald and Warren were placed on paid leave the same day.

Murphy did not return a phone call for comment. Police photographed the room in the school at 1528 LeMoyne Ave. They have not made the photos available, citing an ongoing investigation.

On June 19, Murphy met with Lisa Wade, director of employee services for the district, and Josh Beardall, director of staff relations. Murphy was told the boy was enrolled in an 8:1:1 special education class, meaning the class has one full-time special education teacher, one teaching assistant and no more than eight students. During this meeting, Murphy was told putting the boy into the room was in "complete contrast" to state Education Department standards.

The officer spoke with Francis, the custodian, on June 19 and 25. Francis told the officer he alerted Dr. Kristi Cleary, the school psychologist, that a student had been placed in the room. "He informed me that she had said, 'Oh, they're using that again,' " Murphy wrote.

Francis also told the officer he learned from a teaching assistant that a child had vomited in the room. Francis investigated and found vomit in the room.

Smith, who told school officials her grandson is "petrified" of being placed in the room again, says it was her grandson who vomited.

Complete police report into LeMoyne Elementary School incident

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