JACKSONVILLE, Fla. — A Jacksonville parent of a 10-year-old autistic child is upset after he claims a local school failed his son by locking him into a room he characterizes as a storage closet.
The case brings up some interesting questions about a state law passed just last year.
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Under that law, special needs students are not supposed to be “secluded,” but in this case, the district says proper protocol was followed because the student was monitored while in the room.
Michael Swapsy Sr. and his son Michael Jr. have encountered problems with schools before.
The first happened two years ago in Kansas.
“They put a spit mask over my face,” said Michael Jr.
“They handcuffed my son and put a spit mask over his head in Wichita…He was eight,” said Michael Sr.
Michael Jr. is now 10 years old.
The father said he’s now dealing with another situation where he feels the rights of his son, who is autistic, are being violated.
Michael Sr. told us his son is supposed to be given regular ”brain breaks” to help him deescalate while doing work.
He’s also supposed to get more time to complete assignments.
“He was informing me that they were not giving him recesses for not completing work. They’re not supposed to do that,” said Michael Sr.
It all came to a head this week at Highland’s Elementary in Duval County.
“Some of the kids in my class didn’t get to finish their work, but they still let them get outside, but they didn’t let me go outside so I got upset,” said Michael Jr.
What happened next, according to the father and son, was Michael being placed in a room they characterize as a storage closet.
“Angry, sad and upset. And scared,” said Michael Jr.
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DCPS wouldn’t comment on the specifics of the case but referred to the room as a ”sensory room” and said a review of the incident found that staff followed expected procedures to maintain safety for all students and staff.
“The sensory room used at the school is specially equipped and used only for this purpose. There is no lock on the door. Any child placed in the sensory room is fully supervised by a trained adult,” said a DCPS spokesperson in an emailed statement.
Although a new state law forbids the seclusion of special needs children, DCPS said because a staff member is present and interacting with students when placed in the room, it is not “seclusion” as defined by the law.
“The safety and security of all students and staff in a learning environment is our highest priority. Following appropriate procedure, school staff are expected take action to ensure safety in any situation where self-harm or harm to others is threatened,” said the DCPS spokesperson.
The statute specifies that seclusion is “the involuntary confinement of a student in a room or area alone and preventing the student from leaving the room or area.”
“This is not ‘seclusion’. It is a process in which a staff member is engaged with the student in activities to help the student with self-regulation,” said the DCPS spokesperson.
“They wouldn’t allow him out,” said Michael Sr.
But the father and son allege the staff member acted as a substitute for a locked door.
“He was standing in the door like this. I couldn’t get out,” said Michael Jr. while standing in a hallway and holding his arms out.
For Michael Senior, the ordeal has been another notch in a long line of difficulties finding his son the help he needs.
“I’m beside myself with hurt, anger and disappointment with Duval County School District and what they did to my son,” said Michael Sr.
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We did reach out to State Senator Lauren Book Thursday.
She sponsored last year’s legislation that banned seclusion of special needs students.
We shared the details we know about this situation with her staff and asked whether she believes the district followed the intent of the seclusion prohibition in this case.
We have not yet received a response.
Action News Jax reporter Jake Stofan will have a full report on this developing story on FOX30 and CBS47 at 6. Click here to watch.