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A Critical Examination of State Agency Investigations into ...

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When questioned about the Taconic regional <strong>of</strong>fice’s conclusions regarding theseallegations, Investigator Searle stated that he did not have enough information to believeit was a routine practice for Jonathan to be left to lie naked on a urine-soaked bed forhours. While Searle agreed that Michael Carey could have found Jonathan as he alleged,he contended that Carey’s observations alone could not substantiate that Jonathanremained in this condition for any extended period <strong>of</strong> time. Although, what constitutes a“routine practice” and an “extended period <strong>of</strong> time” is open to interpretation, Taconicregional <strong>of</strong>fice had evidence that the Anderson School improperly allowed Jonathan to lienaked on his bed for some period, and on some occasions after urinating on the sheets orthe bed, even though regulations require Anderson School to provide every student with a“safe and sanitary environment.”Taconic Regional Office’s Letter <strong>of</strong> Findings and Recommendationsto the Anderson SchoolDirector Mizerak <strong>of</strong> the Taconic regional <strong>of</strong>fice notified the Anderson School <strong>of</strong>the findings <strong>of</strong> the investigation by letter dated December 20, 2004. The letteremphasized the most important findings <strong>of</strong> the investigation – that the allegation <strong>of</strong> abuseas defined in regulations was substantiated, and that the Anderson School must takeaction regarding deficiencies in its drafting and implementation <strong>of</strong> behavior plans. TheInspector General notes that three findings <strong>of</strong> the investigation were not communicated tothe Anderson School. Two <strong>of</strong> the omitted findings were those that were unsubstantiated.One could assume that because they were not mentioned, that the Anderson School2828 The letter denotes copies <strong>of</strong> the correspondence were also sent to OMRDD Division <strong>of</strong> QualityAssurance and the Anderson School Board <strong>of</strong> Directors.104

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