Preview
FILED: SUFFOLK COUNTY CLERK 10/31/2022 11:29 AM INDEX NO. 063290/2014
NYSCEF DOC. NO. 65 RECEIVED NYSCEF: 10/31/2022
EXHIBIT
A
FILED: SUFFOLK COUNTY CLERK 10/31/2022 11:29 AM INDEX NO. 063290/2014
NYSCEF DOC. NO. 65 RECEIVED NYSCEF: 10/31/2022
DR.MICHAEL
SALITORE
PROFESSIONAL SERVICES
Regarding:
Logan Ryan, Plaintiff vs.
Three Village Central School District and Don Cappabianca, Defendants
Incident Reported May 22, 2013
Prepared for:
Jay J. Massaro, Esquire
Dell & Dean, PLLC
1225 Franldin Ave, Suite 450 Garden City, NY 11530
Prepared By:
Michael Salitore, Ed.D.
Gresham, OR
August 10th, 2022
Michael Salitore, Oregon Professional Administrator No. 102959
Michael Salitore, Oregon Professional School Psychologist No. 1o2959
FILED: SUFFOLK COUNTY CLERK 10/31/2022 11:29 AM INDEX NO. 063290/2014
NYSCEF DOC. NO. 65 RECEIVED NYSCEF: 10/31/2022
Table of Contents
Executive Summary 3
Qualifications and Compensation 4
Scope of Engagement and Methodology 5
Scope of Engagement 5
Methodology 5
Data Sources 6
Documents 6
Surveillance Videos Reviewed 6
Summary of Facts 7
Student File: Logan Ryan 7
Video Review 11
Summary of Opinions 12
Opinion #1 12
Opinion #2 14
Opinion #3 15
Opinion #4 16
Appendix A- Curriculum Vitae 19
*note: throughout this document the author uses brackets to make a reference to the
investigation documents such as [1234] for ease of reference and retrieval during testimony.
SalitoreReport 8/10/22 Ryan v. Three VillageCentral & Don Cappabianca Page 2 of 23
FILED: SUFFOLK COUNTY CLERK 10/31/2022 11:29 AM INDEX NO. 063290/2014
NYSCEF DOC. NO. 65 RECEIVED NYSCEF: 10/31/2022
Executive Summary
I,Michael Salitore, being duly sworn deposes and says under the penalties of perjury pursuant
to the CPLR:
On May 22nd, 2013, at Ward Melville High School, plaintiff Logan Ryan, a 10th grader at the
time, was involved in an altercation in the lunchroom with another student. Security staff
intervened and engaged Ryan with emergency intervention that sustained for ten minutes
utilizing both a prone and supine restraint, resulting in injury to Ryan. Logan Ryan, a student, at
the time of this incident, was afforded the protections of both the Individuals with Disabilities
Education Act (IDEA) and the Americans with Disabilities Act (ADA). Following the incident on
May 22nd, 2013, he was suspended, suffered a change of placement and a required evaluation to
continue his education. When Mr. Ryan returned to school, he found itdifficult to reintegrate
back into life as a high school student, and since that time has experienced significant impacts to
his mental health, drug abuse and dealing with the ongoing, exacerbated symptoms of Post
Traumatic Stress Disorder.
Had the IEP team (CSE) convened following the triennial evaluation conducted in the spring of
2013 in order to address the information gathered, the emergency intervention that went so
wrong for Logan Ryan, this entire episode could have been prevented. Additionally, had the
Three Village Central School District trained their security guards, per New York Law, they
might well have responded differently. In fact, testimony from the principal, Dr. Baum,
underscores the security team would[569], have treated Logan differently ifthe team put
services, or accommodations such as a behavior support plan in place. Arguably, the trauma
from the May 22nd, 2013 incident given the disabling condition of Logan at the time of the
incident, is connected to his shoulder injury and the many psychological injuries following this
event for Mr. Ryan, well into his young adulthood where he has struggled since with mental
health problems, addiction and other impacts documented in his treatment years following May
of 2013.
Based on an investigation of the documents provided by retaining counsel (deposition
transcripts, school records, reports), observational review from the surveillance video, review of
relevant New York rules, and Three Village Centra>s board policy, the findings of this
investigation are that the district,Dr. Baum, Mr. Cappabianca and security staff failed to operate
SalitoreReport 8/10/22 Ryan v. Three VillageCentral & Don Cappabianca Page 3 of23
FILED: SUFFOLK COUNTY CLERK 10/31/2022 11:29 AM INDEX NO. 063290/2014
NYSCEF DOC. NO. 65 RECEIVED NYSCEF: 10/31/2022
within the standard of care of a district, administrator and of security staff hired to protect
children attending public school. Three Village Central School District operated beneath the
standard of care in failing to convene the Committee for Special Education (IEP) following the
triennial evaluation of Mr. Ryan the spring of 2013. The Three Village Central School District
failed in compliance with state rules that required training of staffwho may be calledupon to
implement emergency interventions. Mr. Cappabianca and security personnel operated beneath
the standard of care by placing Mr. Ryan at very real risk of positional asphyxia, and with
respect to their assessment of threat and displayed attitudes are considered substandard
working with high school students. Dr. Baum operated under the standard of care as a school
administrator in failing to implement the basic tenets of Crisis Prevention Institute training and
demonstrated substandard judgment when assessing student threat, while sanctioning the use
of prohibited aversive techniques. These failings by the school system and personnel at Ward
Melville High School led to an overzealous and high risk restraint of a student with a
documented disability, causing unnessary terror, harm and injury to Mr. Logan Ryan, that could
have been prevented.
Qualifications and Compensation
I,Michael Eric Salitore, Ed.D., am a certified district administrator in a public kindergarten-post
high school system, and a certified school psychologist through the Oregon Teacher Standards
and Practices Commission. I currently work as a director of student services in a school district
in Oregon in the Portland metro area. I have been a crisisintervention trainer under two
methodologies (Oregon Intervention Systems, or Mandt, and Right Response), training staff in
de-escalation, appropriat crisis response and restraint methodology in eight school districts. My
education includes a bachelor's degree in psychology from Portland State University, a master's
degree in school psychology from Lewis and Clark College, certification in school administration
from Lewis and Clark College, and a doctorate in Special Education from Portland State
University. I have practiced in Oregon as a School Psychologist for eight years, and have served
in a variety of administrative roles in two different states since 2011, and have served as a
director of student services since 2014. I possess expertise in educational psychology, special
education, the Individuals with Disabilities Education Act (IDEA), the Americans with
Disabilities Act (ADA), student evaluation, teaching practices, teaching exceptional children,
school safety, and school administration. I have taught psychology and social sciences as adjunct
faculty for 14 years, and regularly present at state-level conferences to further the advancement
SalitoreReport 8/10/22 Ryan v. Three VillageCentral& Don Cappabianca Page 4 of23
FILED: SUFFOLK COUNTY CLERK 10/31/2022 11:29 AM INDEX NO. 063290/2014
NYSCEF DOC. NO. 65 RECEIVED NYSCEF: 10/31/2022
of best practices in the field of special education and school improvement. I contribute to my
field by serving on a number of boards and committees of professional organizations, notably
appointed to two state-level committees, Employment First Policy Committee and Oregon State
Advisory Council for Special Education. My billing rate is $350/ hour for allwork performed.
Scope of Engagement and Methodology
Scope of Engagement
This document is my expert report in the matter of Logan Ryan, Plaintiff, vs. Three Village
Central School District and Don Cappabianca, Defendants. In the court of Suffolk County, New
York. I was retained by Jay Massaro, Esquire, of Dell & Dean, PLLC, to review documents,
testimony and surveillance video relative to the matter of the incident on May 22nd, 2013, to
assist the triers of factwith expert analysis and opinion regarding the question of liability. I was
retained on July 28th, 2022, to address the following question: Did the staff assigned to provide
for safety, supervision, and services for Logan Ryan on May 22nd, 2013, perform within the
standard of care for a comprehensive public high school?
Methodology
In order to develop the opinions reported below, I conducted a fullinvestigation of the matter
presented by retaining counsel. This investigation entailed a review of the complaint, court
filings, available reports, student records, relevant New York state rules and regulations, Three
Village Central School District Policies, observing surveillance videos, and other relevant court
documents provided by counsel. Each document was reviewed and summarized for relevant
facts. All relevant facts were analyzed to address the aforementioned question and to form
expert opinions to assist the triers of fact to decide matters of liability.
My opinions and conclusions are drawn from the perspective of a practicing school district
administrator guided by the professional standard of care in the fields of education
administration, supervision and special education. The professional standard of care expected of
school districts, administrators and employees is measured by relying on the knowledge,
experience, judgment, perception of risk and skillthat a person with specialized knowledge and
SalitoreReport 8/10/22 Ryan v. Three VillageCentral& Don Cappabianca Page 5 of23
FILED: SUFFOLK COUNTY CLERK 10/31/2022 11:29 AM INDEX NO. 063290/2014
NYSCEF DOC. NO. 65 RECEIVED NYSCEF: 10/31/2022
training has. The professional standard of care requires school districts to provide appropriate
administrative oversight and have appropriate policies, guidelines and training practices.
Data Sources
Documents
" Binder 1, Deposition Transcripts
o 6/7/16 Logan Ryan
o 6/7/16 Kristin Ryan-Reph
o 8/7/17 Don Cappabianca
o 4/16/18 Dr. Alan Baum
o 12/17/18 Dawn Alexander
o 6/5/20 Logan Ryan (by defense)
o 6/9/20 Kristin Ryan (by defense)
o 6/21/21 Heather Salas-Selg
" Binder 2
o Psychological reports
o Observation reports
o Letters and other communication
o Individual Eduation Program documentation
" Binder 3
o Court filings
" Binder 4
o Incident reports
o photos
" Binder 5 Policy
o NYSED letter to superintendents on requirements relating to the use of
behavioral interventions and supports.
o 2012 notice to Superintendents from NYSED related to federal policy on the use
of restraint and seclusion in schools.
o Three Village Centrral SD Board Policy
Surveillance Videos Reviewed
Cafeteria footage of the incident on May 22nd, 2013.
SalitoreReport 8/10/22 Ryan v. Three Central
Village & Don Cappabianca Page 6 of23
FILED: SUFFOLK COUNTY CLERK 10/31/2022 11:29 AM INDEX NO. 063290/2014
NYSCEF DOC. NO. 65 RECEIVED NYSCEF: 10/31/2022
Summary of Facts
Student File: Logan Ryan
Relevant Chronology
1/8/10 IST meeting notes [1619] indicate team problem solving around supporting Ryan with
academic progress and counseling due to concerns related to attendance, focus, concentration
and sleep problems. The team agreed to pursue a psychiatric evaluation, a 504 plan, continue
counseling, Ryan's teachers informed of the plan, schedule adjustments and convene the IST in
February.
2/25/10 [1559]1etter from Dr. Satish confirming Dx of ADHD and PTSD
3/8/10 initial referral for SPED [1615] documents team concerns about Ryan:
" Disorganized, difficulty understanding abstract concepts, difficulty concentrating,
attending, focusing, and memory problems.
" Reading comprehension.
" Written expression and mechanics.
" Does not retain math information.
" Difficulty with following directions and expressing thoughts.
" Excessive absences, avoidance of responsibilities, impulsive, overreacts, and does not
follow classroom rules.
4/7/10 Evaluation results reported in IEP [1546]
5/21/10 [1544] Initial IEP eligibility determination for Other Health Impairment.
" Offer of FAPE includes SDI services include 42min/week in resource with related
services of counseling 2x mo for 42 minutes. Goal areas are organizational, writing,
social-emotional and attendance.
" Dx of ADHD and PTSD
" Addressing trendance problems
2/10/11 IEP [1562]
" Special factors indicate he does not have a need for behavioral support or a BIP[1565]
1/18/12 annual review IEP [1568]
" Special factors indicate he does not have a need for behavioral support or a BIP[1571]
" Notably, Ryan's post secondary transition goals are to attend college and go into the field
of education
SalitoreReport 8/10/22 Ryan v. Three VillageCentral& Don Cappabianca Page 7 of 23
FILED: SUFFOLK COUNTY CLERK 10/31/2022 11:29 AM INDEX NO. 063290/2014
NYSCEF DOC. NO. 65 RECEIVED NYSCEF: 10/31/2022
" Goal areas are the same as previous IEP's as well as related services. Academics
increased to resource room once per day for 41 minutes (likely a period)
2/26/13 Social and Developmental History Reevaluation(triennial) update[1543].
" Ryan istaking medication for a rare type of migraine that mimics a stroke (propronolol
20mg at bedtime and Floricet, PRN)
" Ryan had been receiving counseling outside of school because of traumatic events since
he was six. He stopped attending counseling a few months ago but stillgoes to
counseling at school
" Peer relationships are described as fine
" Parent reports severe sexual abuse prior to age 6 by a paternal uncle
" Parent reports Ryan has difficulty dealing with the fact that his father lives a block away
and rarely has contact
4/23/13 Psych eval[1537] was conducted as part of required triennial evaluation per IDEA.
" Connors self report indicated elevated defiant/aggressive behavior and very elevated
violence potential indicator. (consistent with last evaluation and past diagnostic profiles)
" WISC indicated average intellectual ability with a deficit in processing speed (consistent
with lastevaluation).
5/22/13 Incident subject to litigation.
5/23/13 Referral notice and notice of consequence[1625]·
5/29/13 letter [162o] outlining the findings of the superintendent hearing.
" Ryan was found guilty on allcharges (He admitted to all except making threatening
statements).
" Manifestation Determination found Ryan's conduct was substantially related to or
caused by his disability. District to provide a psychiatric evaluation and follow up CSE
mtg, he will remain on home instruction until those steps. Reentry would include team
meeting.
5/29/13 [1622] Letter to parents of Logan Ryan documenting Manifestation Determination was
affirmed to be related to his disability.
6/12/13 annual review [1581] for IEP to be implemented 9/9/13
" Special factors don't indicate behavioral support needs. Present levels do document
impulsivity problems in class and experiencing difficulty accepting criticism.
" Reading goal was added, writing and math support continue along with social/emotional
goals.
9/4/13 Psychiatric evaluation report by Dr. Deborah M. Weisbrot, MD [1604]
SalitoreReport 8/10/22 Ryan v. Three VillageCentral& Don Cappabianca Page 8 of23
FILED: SUFFOLK COUNTY CLERK 10/31/2022 11:29 AM INDEX NO. 063290/2014
NYSCEF DOC. NO. 65 RECEIVED NYSCEF: 10/31/2022
" Recommended that Ryan is not a danger to himself or others and recommended
returning him to school in the fall of '13·
" She made further recommendations specifically on handling conflicts with peers[1614]
and should he engage in dangerous behavior that sitting or laying on him should be
avoided, as well as the guard who did lay on him.
" She recommended continuing therapy with Mr. Morgan
9/12/13 [1603]1etter from neather Salas to the Committee on Special Education summarizing
the results of an evaluation by Dr. Gabrielle Carlson, Ph.D.
10/o2/13 [1638] Hospital report indicating Ryan was in the educational program at South Oaks
from 9/23/13-10/1/13·
10/6/13 A 2/4/16 transcript [1639] printout indicates Ryan transferred to Three Village
Academy (altprogram) for the remainder of his HS experience.
Ryan Ryan's Behavioral History based on School Records [1642,1643]:
" 3/13/15 LR involved in physical altercation in gym. Resolved via mediation.
" 5/22/13 skipping health class.
" 5/22/13 Fighting incident subject to investigation in cafeteria
" 5/2/13 LR disrespectful towards security guard in commons.
" 4/5/13 Dress code violation with hat. LR argumentative with security.
" 2/8/13 late to class.
" 10/4/12 LR put a zip tieon another student causing injury.
" 5/1/12 LR involved in physical altercation with another student.
" 3/13/12 LR late to school unexcused 3x.
" 2/29/12 LR insubordination by not giving name to sub.
" 6/9/11 LR hit another student in the back of the head in hallway.
" 4/5/11 late to school
" 10/29/10 LR pushed another student in cafeteria
e 4/7/10 LR refused to move seats when told by a teacher
" 3/26/10 LRIdcked another student.
" 3/25/10 LR was disruptive during an art demonstration.
" 2/9/2010 Late to school.
10/3/15 30 days of impatient treatment at McLean Fernside[o15] for drug use
SalitoreReport 8/10/22 Ryan v. Three VillageCentral& Don Cappabianca Page 9 of23
FILED: SUFFOLK COUNTY CLERK 10/31/2022 11:29 AM INDEX NO. 063290/2014
NYSCEF DOC. NO. 65 RECEIVED NYSCEF: 10/31/2022
Summary of Facts:
According to available school records available to,and provided by counsel, Logan Ryan is a
bright student with some areas of academic and behavioral challenges due to his disabling
conditions of PTSD and ADHD[1559]. Ryan's school team and parents came together to support
him in Jr. High School and he was found eligible for services under the IDEA. Ryan received
support both in and outside of school to address the concerns. Ryan had a few serious
documented behavioral issues, with other minor behavioral concerns [1642,1643]. Ryan
received support and services from the school team as afforded him under the Individuals with
Disabilities Education Act (IDEA) and the Americans with Disability Act (ADA). Ryan's conduct
on May 22, 2013, where he engaged in a physical fight with another student, as determined by
the Manifestation Determination, was considered to be directly and substantially related to his
disability. The school team, based on records provided, appeared to have responded following
the incident with an offering of evaluation, tutoring services, and what appears to be an offering
of a Free, Appropriate, Public Education (FAPE) at the Three Village Academy[1639] following
hospitalization in late September 2013[1638]. Based on the enrollment history[1639] itappears
Ryan was enrolled at the Three Village Academy into 12th grade.
It iswell documented that prior to the May 22, 2013 fighting incident Ryan is a student
experiencing disability in the area of Other Health Impairment due to his medical conditions of
ADHD and PTSD[1544]. Initial concerns by the team referring Ryan for evaluation under child
find were[1615] as follows:
" Disorganized, difficulty understanding abstract concepts, difficulty concentrating,
attending, focusing, and memory problems.
" Reading comprehension.
" Written expression and mechanics.
" Does not retain math information.
" Difficulty with following directions and expressing thoughts.
" Excessive absences, avoidance of responsibilities, impulsive, overreacts and does not
follow classroom rules.
In May of 2010, Ryan was evaluated, found eligible for special education and offered
services[1544] towards the goal areas of organizational strategies, writing, social-emotional
skills,and improving attendance. Notably, his Individualized Education Program (IEP)
documents since Ryan was firstfound eligible for services under the IDEA, indicate that
behavioral problems were not a factor in the development of his IEP. This fact supports the
SalitoreReport 8/10/22 Ryan v. Three VillageCentral & Don Cappabianca Page 10 of23
FILED: SUFFOLK COUNTY CLERK 10/31/2022 11:29 AM INDEX NO. 063290/2014
NYSCEF DOC. NO. 65 RECEIVED NYSCEF: 10/31/2022
notion that while Ryan experienced challenges from time to time, his conduct and behavior did
not reach the threshold where itwas considered a barrier to his learning or the learning of
others and was not addressed through behavioral support planning. In other words, Ryan's
team of experts determined consistently over time, that he didn't present with enough concern
around behavior that itneeded to be addressed in his IEP.
Since January of 2010, itis well documented that Ryan experienced difficulties related to
performance at school because of his disabilities (PTSD and ADHD). The school addressed his
difficulty with an array of specially designed instruction, related services and accommodations.
Video Review
Video Date/ Timestamp: 5/22/13 12:36-12:48; Date of Review: 8/8/22
Observational Notes: Students are in the lunhroom eating lunch. At 12:37 Mr. Ryan walked into
the cafeteria, walking with friends. He exchanges a few words with the student he fought,
dropped his backpack and hit that student. Security stepped in to break up the fight. Security
gets him onto his feet and itappears another student approaches at 12:38:oo. Logan stands up
while security have his arms. It isunclear what the student with the horizontal stripes is saying
to Logan. At 12:38/22 itappears that Logan istrying to get his arms out from the security
guards hold. More security approach and put him face down on the table. At 12:38:48 there are
six adults present while four appear to be holding Logan to the table in a prone position. At
12:39:09 itappears that Mr. Cappabianca is holding Logan's left arm and pulling itabove his
body. At 12:40:34, Logan manages to stand up and five staff members respond by shoving him
back onto the table in a supine position. Mr. Cappabianca is seen laying on Logan's
chest/abdominal cavity while others hold his arms down. Other students are seen taking photos
and videos. At 12:41:15, O'Connor is observed with his arm under Logan's chin. At 12:43:24
there appears to be dialogue between Logan and the security guard with an arm placed on
Logan's chest to keep him held onto the table in a supine position. At 12:44:24 Logan attempts
to break free and there are five staff members move on him to grab hold of each limb and
attempt to control him. At 12:45:41 there are seven staffmembers holding Logan down and he
continues to resist the restraint, at times bucking up and landing on hisback on the table. At
12:46:39 itappears that Logan is allowed to sit up, surrounded by adults. At 12:47:12 Logan
stands up and is escorted by security out of the lunchroom.
SalitoreReport 8/10/22 Ryan v. ThreeVillageCentral & Don Cappabianca Page 11 of23
FILED: SUFFOLK COUNTY CLERK 10/31/2022 11:29 AM INDEX NO. 063290/2014
NYSCEF DOC. NO. 65 RECEIVED NYSCEF: 10/31/2022
Summary of Relevant Facts:
Logan Ryan is a student with complex disabilities as well as medical conditions that require
treatment. The actual fight lasted less than 60 seconds. The response by school staff lasted
approximately ten minutes. There was not a behavior intervention or safety plan on fileat the
time of the incident.
Summary of Opinions
Opinion #1
It ismy professional opinion, based on a reasonable degree of certainty in my field of special
education administration and educational psychology, based on available records, that the staff
at Ward Melville High School failed to convene as a Committee on Special Education (CSE), or
IEP team following the February 2013 Triennial Evaluation to address the medical and
psychological information that came to light. Convening of the team would have been an
opportunity to review relevant2data and new information that could have addressed the
concerns of his mother (worried about his supports, overreacting to stimuli and having a person
to talk to) as well as his pattern of behavioral history.
" The school knew Ryan has an abuse history, PTSD and ADHD[1543] during the triennial
evaluation and failed to provide a program addressing this aspect of his disability. The
team should have come together to consider the information found in this triennial.
" New medical information came to the school's attention. Logan had been recently
hospitalized for TIA's and on medication. A school nurse or school medical expert should
have been invited to participate and see if any health accommodation were necessary
such as a health protocol and to consider ifhis new medications had an impact on his
learning, behavior, and access to the general curriculum.
" Ryan's mother testified that she had met with the school team each school year to inform
'pass'
them of the past abuse and consider a (accommodation) for him to go see a
specialist and call home[1393,1396]·
" It isrelevant that the information Ryan's mother shared during the developmental
history update related to his past sexual abuse and outside counseling should have at
least been discussed at an IEP review given this information and considered ways to
support Logan. Accommodations provided on the IEP in place, during the fight [1573],
did not address the information found in the triennial evaluation with respect to triggers
SalitoreReport 8/10/22Ryan v. ThreeVillageCentral & Don Cappabianca Page 12 of23
FILED: SUFFOLK COUNTY CLERK 10/31/2022 11:29 AM INDEX NO. 063290/2014
NYSCEF DOC. NO. 65 RECEIVED NYSCEF: 10/31/2022
and heightened reactivity given Ryan's diagnosis of PTSD and his history of behavioral
challenges. Because the team did not convene and consider amending the IEP in light of
this triennial, they missed an opportunity (afforded to Logan by law) to address aspects
to his program (services, accommodations, etc) that may have better met his need for
support afforded him under federal law.
" Title 34, chapter III (OSERS), PART 300, Subpart D, §300.324 Development, review and
revision of IEP compels a district to:
o Revises the as to address-
(ii) IEP, appropriate,
o (A) Any lack of expected progress toward the annual goals described in
§ 3oo.320(a)(2), and in the general education curriculum, ifappropriate;
o (B) The results of any reevaluation conducted under § 3oo.303 (IDEA)
" For a student with a discipline history as summarized below, the surfacing of thisnew
information should have compelled the team to consider additional services and
accommodations as part of his IEP to support the behavioral manifestation of his
disability:
o 5/2/13 LR disrespectful towards security guard in commons.
o 4/5/13 Dress code violation with hat. LR argumentative with security.
a 2/8/13 late to class.
o 10/4/12 LR put a zip tie on another student causing injury.
o 5/1/12 LR involved in physical altercation with another student.
o 3/13/12 LR late to school unexcused 3x.
o 2/29/12 LR insubordination by not giving name to sub.
o 6/9/11 LR hit another student in the back of the head in hallway.
o 4/5/11 late to school
o 10/29/10 LR pushed another student in cafeteria
o 4/7/10 LR refused to move seats when told by a teacher
o 3/26/10 LR kicked another student.
o 3/25/10 LR was disruptive during an artdemonstration.
o 2/9/2010 Late to school.
" According to the testimony of the principal, Dr. Baum, tflogan had a behavior
intervention plan, security stafwould have been aware of any stipulations
of how to intervene[569]. In other words, according to the Principal's testimony, a
plan would have ostensibly informed staff of his support needs and prevented this level
of response from security.
SalitoreReport 8/10/22 Ryan v. Three Central
Village & Don Cappabianca Page 13 of 23
FILED: SUFFOLK COUNTY CLERK 10/31/2022 11:29 AM INDEX NO. 063290/2014
NYSCEF DOC. NO. 65 RECEIVED NYSCEF: 10/31/2022
Opinion #2
It ismy professional opinion, based on a reasonable degree of certainty in my field of special
education administration and educational psychology, based on available records, that Three
Village Central School District operated under the standard of care by failing to properly train
the security staff in de-escalation strategies and in emergency interventions (8 NYCRR
§§2oo.15(f) and 2oo.22(d)). When staff are not trained, they tend to employ what they know. In
this case, the security detail at Ward Melville High School was made up of former and current
law enforcement personnel and prison guards, which Dr. Baum stated he relied upon their law
enforcement background for their judgment[609].
" TVC is inviolation of 8 NYCRR §§200.15(f) and 200.22(d) by not training security staff.
8 NYCRR §§200.15(f) and 200.22(d), stipulates, "Staff who may be called upon to
implement emergency interventions must be provided with appropriate training in safe
applicable."
and effective restraint procedures, as
" Ms. Mexander (behavior consultant) testified that during the time of the incident
(5/22/13) there wasn't a policy or procedure in terms of training on emergency
interventions [10471
" Ms. Mexander testified to her knowledge, security guards were not trained in NCI[1056).
" Mr. Cappabianca demonstrated a subpar understanding of emergency intervention as he
testified his definition of restraint depended on what the person was doing[236].
" Mr. Cappabianca testified the school district did not train him on proper restraint
techniques [238,265]·
" Mr. Cappabianca testified that the school did not inform him of any other protocol
around restraining students with disabilities[24o].
Preview
FILED: SUFFOLK COUNTY CLERK 10/31/2022 11:29 AM INDEX NO. 063290/2014 NYSCEF DOC. NO. 65 RECEIVED NYSCEF: 10/31/2022 EXHIBIT A FILED: SUFFOLK COUNTY CLERK 10/31/2022 11:29 AM INDEX NO. 063290/2014 NYSCEF DOC. NO. 65 RECEIVED NYSCEF: 10/31/2022 DR.MICHAEL SALITORE PROFESSIONAL SERVICES Regarding: Logan Ryan, Plaintiff vs. Three Village Central School District and Don Cappabianca, Defendants Incident Reported May 22, 2013 Prepared for: Jay J. Massaro, Esquire Dell & Dean, PLLC 1225 Franldin Ave, Suite 450 Garden City, NY 11530 Prepared By: Michael Salitore, Ed.D. Gresham, OR August 10th, 2022 Michael Salitore, Oregon Professional Administrator No. 102959 Michael Salitore, Oregon Professional School Psychologist No. 1o2959 FILED: SUFFOLK COUNTY CLERK 10/31/2022 11:29 AM INDEX NO. 063290/2014 NYSCEF DOC. NO. 65 RECEIVED NYSCEF: 10/31/2022 Table of Contents Executive Summary 3 Qualifications and Compensation 4 Scope of Engagement and Methodology 5 Scope of Engagement 5 Methodology 5 Data Sources 6 Documents 6 Surveillance Videos Reviewed 6 Summary of Facts 7 Student File: Logan Ryan 7 Video Review 11 Summary of Opinions 12 Opinion #1 12 Opinion #2 14 Opinion #3 15 Opinion #4 16 Appendix A- Curriculum Vitae 19 *note: throughout this document the author uses brackets to make a reference to the investigation documents such as [1234] for ease of reference and retrieval during testimony. SalitoreReport 8/10/22 Ryan v. Three VillageCentral & Don Cappabianca Page 2 of 23 FILED: SUFFOLK COUNTY CLERK 10/31/2022 11:29 AM INDEX NO. 063290/2014 NYSCEF DOC. NO. 65 RECEIVED NYSCEF: 10/31/2022 Executive Summary I,Michael Salitore, being duly sworn deposes and says under the penalties of perjury pursuant to the CPLR: On May 22nd, 2013, at Ward Melville High School, plaintiff Logan Ryan, a 10th grader at the time, was involved in an altercation in the lunchroom with another student. Security staff intervened and engaged Ryan with emergency intervention that sustained for ten minutes utilizing both a prone and supine restraint, resulting in injury to Ryan. Logan Ryan, a student, at the time of this incident, was afforded the protections of both the Individuals with Disabilities Education Act (IDEA) and the Americans with Disabilities Act (ADA). Following the incident on May 22nd, 2013, he was suspended, suffered a change of placement and a required evaluation to continue his education. When Mr. Ryan returned to school, he found itdifficult to reintegrate back into life as a high school student, and since that time has experienced significant impacts to his mental health, drug abuse and dealing with the ongoing, exacerbated symptoms of Post Traumatic Stress Disorder. Had the IEP team (CSE) convened following the triennial evaluation conducted in the spring of 2013 in order to address the information gathered, the emergency intervention that went so wrong for Logan Ryan, this entire episode could have been prevented. Additionally, had the Three Village Central School District trained their security guards, per New York Law, they might well have responded differently. In fact, testimony from the principal, Dr. Baum, underscores the security team would[569], have treated Logan differently ifthe team put services, or accommodations such as a behavior support plan in place. Arguably, the trauma from the May 22nd, 2013 incident given the disabling condition of Logan at the time of the incident, is connected to his shoulder injury and the many psychological injuries following this event for Mr. Ryan, well into his young adulthood where he has struggled since with mental health problems, addiction and other impacts documented in his treatment years following May of 2013. Based on an investigation of the documents provided by retaining counsel (deposition transcripts, school records, reports), observational review from the surveillance video, review of relevant New York rules, and Three Village Centra>s board policy, the findings of this investigation are that the district,Dr. Baum, Mr. Cappabianca and security staff failed to operate SalitoreReport 8/10/22 Ryan v. Three VillageCentral & Don Cappabianca Page 3 of23 FILED: SUFFOLK COUNTY CLERK 10/31/2022 11:29 AM INDEX NO. 063290/2014 NYSCEF DOC. NO. 65 RECEIVED NYSCEF: 10/31/2022 within the standard of care of a district, administrator and of security staff hired to protect children attending public school. Three Village Central School District operated beneath the standard of care in failing to convene the Committee for Special Education (IEP) following the triennial evaluation of Mr. Ryan the spring of 2013. The Three Village Central School District failed in compliance with state rules that required training of staffwho may be calledupon to implement emergency interventions. Mr. Cappabianca and security personnel operated beneath the standard of care by placing Mr. Ryan at very real risk of positional asphyxia, and with respect to their assessment of threat and displayed attitudes are considered substandard working with high school students. Dr. Baum operated under the standard of care as a school administrator in failing to implement the basic tenets of Crisis Prevention Institute training and demonstrated substandard judgment when assessing student threat, while sanctioning the use of prohibited aversive techniques. These failings by the school system and personnel at Ward Melville High School led to an overzealous and high risk restraint of a student with a documented disability, causing unnessary terror, harm and injury to Mr. Logan Ryan, that could have been prevented. Qualifications and Compensation I,Michael Eric Salitore, Ed.D., am a certified district administrator in a public kindergarten-post high school system, and a certified school psychologist through the Oregon Teacher Standards and Practices Commission. I currently work as a director of student services in a school district in Oregon in the Portland metro area. I have been a crisisintervention trainer under two methodologies (Oregon Intervention Systems, or Mandt, and Right Response), training staff in de-escalation, appropriat crisis response and restraint methodology in eight school districts. My education includes a bachelor's degree in psychology from Portland State University, a master's degree in school psychology from Lewis and Clark College, certification in school administration from Lewis and Clark College, and a doctorate in Special Education from Portland State University. I have practiced in Oregon as a School Psychologist for eight years, and have served in a variety of administrative roles in two different states since 2011, and have served as a director of student services since 2014. I possess expertise in educational psychology, special education, the Individuals with Disabilities Education Act (IDEA), the Americans with Disabilities Act (ADA), student evaluation, teaching practices, teaching exceptional children, school safety, and school administration. I have taught psychology and social sciences as adjunct faculty for 14 years, and regularly present at state-level conferences to further the advancement SalitoreReport 8/10/22 Ryan v. Three VillageCentral& Don Cappabianca Page 4 of23 FILED: SUFFOLK COUNTY CLERK 10/31/2022 11:29 AM INDEX NO. 063290/2014 NYSCEF DOC. NO. 65 RECEIVED NYSCEF: 10/31/2022 of best practices in the field of special education and school improvement. I contribute to my field by serving on a number of boards and committees of professional organizations, notably appointed to two state-level committees, Employment First Policy Committee and Oregon State Advisory Council for Special Education. My billing rate is $350/ hour for allwork performed. Scope of Engagement and Methodology Scope of Engagement This document is my expert report in the matter of Logan Ryan, Plaintiff, vs. Three Village Central School District and Don Cappabianca, Defendants. In the court of Suffolk County, New York. I was retained by Jay Massaro, Esquire, of Dell & Dean, PLLC, to review documents, testimony and surveillance video relative to the matter of the incident on May 22nd, 2013, to assist the triers of factwith expert analysis and opinion regarding the question of liability. I was retained on July 28th, 2022, to address the following question: Did the staff assigned to provide for safety, supervision, and services for Logan Ryan on May 22nd, 2013, perform within the standard of care for a comprehensive public high school? Methodology In order to develop the opinions reported below, I conducted a fullinvestigation of the matter presented by retaining counsel. This investigation entailed a review of the complaint, court filings, available reports, student records, relevant New York state rules and regulations, Three Village Central School District Policies, observing surveillance videos, and other relevant court documents provided by counsel. Each document was reviewed and summarized for relevant facts. All relevant facts were analyzed to address the aforementioned question and to form expert opinions to assist the triers of fact to decide matters of liability. My opinions and conclusions are drawn from the perspective of a practicing school district administrator guided by the professional standard of care in the fields of education administration, supervision and special education. The professional standard of care expected of school districts, administrators and employees is measured by relying on the knowledge, experience, judgment, perception of risk and skillthat a person with specialized knowledge and SalitoreReport 8/10/22 Ryan v. Three VillageCentral& Don Cappabianca Page 5 of23 FILED: SUFFOLK COUNTY CLERK 10/31/2022 11:29 AM INDEX NO. 063290/2014 NYSCEF DOC. NO. 65 RECEIVED NYSCEF: 10/31/2022 training has. The professional standard of care requires school districts to provide appropriate administrative oversight and have appropriate policies, guidelines and training practices. Data Sources Documents " Binder 1, Deposition Transcripts o 6/7/16 Logan Ryan o 6/7/16 Kristin Ryan-Reph o 8/7/17 Don Cappabianca o 4/16/18 Dr. Alan Baum o 12/17/18 Dawn Alexander o 6/5/20 Logan Ryan (by defense) o 6/9/20 Kristin Ryan (by defense) o 6/21/21 Heather Salas-Selg " Binder 2 o Psychological reports o Observation reports o Letters and other communication o Individual Eduation Program documentation " Binder 3 o Court filings " Binder 4 o Incident reports o photos " Binder 5 Policy o NYSED letter to superintendents on requirements relating to the use of behavioral interventions and supports. o 2012 notice to Superintendents from NYSED related to federal policy on the use of restraint and seclusion in schools. o Three Village Centrral SD Board Policy Surveillance Videos Reviewed Cafeteria footage of the incident on May 22nd, 2013. SalitoreReport 8/10/22 Ryan v. Three Central Village & Don Cappabianca Page 6 of23 FILED: SUFFOLK COUNTY CLERK 10/31/2022 11:29 AM INDEX NO. 063290/2014 NYSCEF DOC. NO. 65 RECEIVED NYSCEF: 10/31/2022 Summary of Facts Student File: Logan Ryan Relevant Chronology 1/8/10 IST meeting notes [1619] indicate team problem solving around supporting Ryan with academic progress and counseling due to concerns related to attendance, focus, concentration and sleep problems. The team agreed to pursue a psychiatric evaluation, a 504 plan, continue counseling, Ryan's teachers informed of the plan, schedule adjustments and convene the IST in February. 2/25/10 [1559]1etter from Dr. Satish confirming Dx of ADHD and PTSD 3/8/10 initial referral for SPED [1615] documents team concerns about Ryan: " Disorganized, difficulty understanding abstract concepts, difficulty concentrating, attending, focusing, and memory problems. " Reading comprehension. " Written expression and mechanics. " Does not retain math information. " Difficulty with following directions and expressing thoughts. " Excessive absences, avoidance of responsibilities, impulsive, overreacts, and does not follow classroom rules. 4/7/10 Evaluation results reported in IEP [1546] 5/21/10 [1544] Initial IEP eligibility determination for Other Health Impairment. " Offer of FAPE includes SDI services include 42min/week in resource with related services of counseling 2x mo for 42 minutes. Goal areas are organizational, writing, social-emotional and attendance. " Dx of ADHD and PTSD " Addressing trendance problems 2/10/11 IEP [1562] " Special factors indicate he does not have a need for behavioral support or a BIP[1565] 1/18/12 annual review IEP [1568] " Special factors indicate he does not have a need for behavioral support or a BIP[1571] " Notably, Ryan's post secondary transition goals are to attend college and go into the field of education SalitoreReport 8/10/22 Ryan v. Three VillageCentral& Don Cappabianca Page 7 of 23 FILED: SUFFOLK COUNTY CLERK 10/31/2022 11:29 AM INDEX NO. 063290/2014 NYSCEF DOC. NO. 65 RECEIVED NYSCEF: 10/31/2022 " Goal areas are the same as previous IEP's as well as related services. Academics increased to resource room once per day for 41 minutes (likely a period) 2/26/13 Social and Developmental History Reevaluation(triennial) update[1543]. " Ryan istaking medication for a rare type of migraine that mimics a stroke (propronolol 20mg at bedtime and Floricet, PRN) " Ryan had been receiving counseling outside of school because of traumatic events since he was six. He stopped attending counseling a few months ago but stillgoes to counseling at school " Peer relationships are described as fine " Parent reports severe sexual abuse prior to age 6 by a paternal uncle " Parent reports Ryan has difficulty dealing with the fact that his father lives a block away and rarely has contact 4/23/13 Psych eval[1537] was conducted as part of required triennial evaluation per IDEA. " Connors self report indicated elevated defiant/aggressive behavior and very elevated violence potential indicator. (consistent with last evaluation and past diagnostic profiles) " WISC indicated average intellectual ability with a deficit in processing speed (consistent with lastevaluation). 5/22/13 Incident subject to litigation. 5/23/13 Referral notice and notice of consequence[1625]· 5/29/13 letter [162o] outlining the findings of the superintendent hearing. " Ryan was found guilty on allcharges (He admitted to all except making threatening statements). " Manifestation Determination found Ryan's conduct was substantially related to or caused by his disability. District to provide a psychiatric evaluation and follow up CSE mtg, he will remain on home instruction until those steps. Reentry would include team meeting. 5/29/13 [1622] Letter to parents of Logan Ryan documenting Manifestation Determination was affirmed to be related to his disability. 6/12/13 annual review [1581] for IEP to be implemented 9/9/13 " Special factors don't indicate behavioral support needs. Present levels do document impulsivity problems in class and experiencing difficulty accepting criticism. " Reading goal was added, writing and math support continue along with social/emotional goals. 9/4/13 Psychiatric evaluation report by Dr. Deborah M. Weisbrot, MD [1604] SalitoreReport 8/10/22 Ryan v. Three VillageCentral& Don Cappabianca Page 8 of23 FILED: SUFFOLK COUNTY CLERK 10/31/2022 11:29 AM INDEX NO. 063290/2014 NYSCEF DOC. NO. 65 RECEIVED NYSCEF: 10/31/2022 " Recommended that Ryan is not a danger to himself or others and recommended returning him to school in the fall of '13· " She made further recommendations specifically on handling conflicts with peers[1614] and should he engage in dangerous behavior that sitting or laying on him should be avoided, as well as the guard who did lay on him. " She recommended continuing therapy with Mr. Morgan 9/12/13 [1603]1etter from neather Salas to the Committee on Special Education summarizing the results of an evaluation by Dr. Gabrielle Carlson, Ph.D. 10/o2/13 [1638] Hospital report indicating Ryan was in the educational program at South Oaks from 9/23/13-10/1/13· 10/6/13 A 2/4/16 transcript [1639] printout indicates Ryan transferred to Three Village Academy (altprogram) for the remainder of his HS experience. Ryan Ryan's Behavioral History based on School Records [1642,1643]: " 3/13/15 LR involved in physical altercation in gym. Resolved via mediation. " 5/22/13 skipping health class. " 5/22/13 Fighting incident subject to investigation in cafeteria " 5/2/13 LR disrespectful towards security guard in commons. " 4/5/13 Dress code violation with hat. LR argumentative with security. " 2/8/13 late to class. " 10/4/12 LR put a zip tieon another student causing injury. " 5/1/12 LR involved in physical altercation with another student. " 3/13/12 LR late to school unexcused 3x. " 2/29/12 LR insubordination by not giving name to sub. " 6/9/11 LR hit another student in the back of the head in hallway. " 4/5/11 late to school " 10/29/10 LR pushed another student in cafeteria e 4/7/10 LR refused to move seats when told by a teacher " 3/26/10 LRIdcked another student. " 3/25/10 LR was disruptive during an art demonstration. " 2/9/2010 Late to school. 10/3/15 30 days of impatient treatment at McLean Fernside[o15] for drug use SalitoreReport 8/10/22 Ryan v. Three VillageCentral& Don Cappabianca Page 9 of23 FILED: SUFFOLK COUNTY CLERK 10/31/2022 11:29 AM INDEX NO. 063290/2014 NYSCEF DOC. NO. 65 RECEIVED NYSCEF: 10/31/2022 Summary of Facts: According to available school records available to,and provided by counsel, Logan Ryan is a bright student with some areas of academic and behavioral challenges due to his disabling conditions of PTSD and ADHD[1559]. Ryan's school team and parents came together to support him in Jr. High School and he was found eligible for services under the IDEA. Ryan received support both in and outside of school to address the concerns. Ryan had a few serious documented behavioral issues, with other minor behavioral concerns [1642,1643]. Ryan received support and services from the school team as afforded him under the Individuals with Disabilities Education Act (IDEA) and the Americans with Disability Act (ADA). Ryan's conduct on May 22, 2013, where he engaged in a physical fight with another student, as determined by the Manifestation Determination, was considered to be directly and substantially related to his disability. The school team, based on records provided, appeared to have responded following the incident with an offering of evaluation, tutoring services, and what appears to be an offering of a Free, Appropriate, Public Education (FAPE) at the Three Village Academy[1639] following hospitalization in late September 2013[1638]. Based on the enrollment history[1639] itappears Ryan was enrolled at the Three Village Academy into 12th grade. It iswell documented that prior to the May 22, 2013 fighting incident Ryan is a student experiencing disability in the area of Other Health Impairment due to his medical conditions of ADHD and PTSD[1544]. Initial concerns by the team referring Ryan for evaluation under child find were[1615] as follows: " Disorganized, difficulty understanding abstract concepts, difficulty concentrating, attending, focusing, and memory problems. " Reading comprehension. " Written expression and mechanics. " Does not retain math information. " Difficulty with following directions and expressing thoughts. " Excessive absences, avoidance of responsibilities, impulsive, overreacts and does not follow classroom rules. In May of 2010, Ryan was evaluated, found eligible for special education and offered services[1544] towards the goal areas of organizational strategies, writing, social-emotional skills,and improving attendance. Notably, his Individualized Education Program (IEP) documents since Ryan was firstfound eligible for services under the IDEA, indicate that behavioral problems were not a factor in the development of his IEP. This fact supports the SalitoreReport 8/10/22 Ryan v. Three VillageCentral & Don Cappabianca Page 10 of23 FILED: SUFFOLK COUNTY CLERK 10/31/2022 11:29 AM INDEX NO. 063290/2014 NYSCEF DOC. NO. 65 RECEIVED NYSCEF: 10/31/2022 notion that while Ryan experienced challenges from time to time, his conduct and behavior did not reach the threshold where itwas considered a barrier to his learning or the learning of others and was not addressed through behavioral support planning. In other words, Ryan's team of experts determined consistently over time, that he didn't present with enough concern around behavior that itneeded to be addressed in his IEP. Since January of 2010, itis well documented that Ryan experienced difficulties related to performance at school because of his disabilities (PTSD and ADHD). The school addressed his difficulty with an array of specially designed instruction, related services and accommodations. Video Review Video Date/ Timestamp: 5/22/13 12:36-12:48; Date of Review: 8/8/22 Observational Notes: Students are in the lunhroom eating lunch. At 12:37 Mr. Ryan walked into the cafeteria, walking with friends. He exchanges a few words with the student he fought, dropped his backpack and hit that student. Security stepped in to break up the fight. Security gets him onto his feet and itappears another student approaches at 12:38:oo. Logan stands up while security have his arms. It isunclear what the student with the horizontal stripes is saying to Logan. At 12:38/22 itappears that Logan istrying to get his arms out from the security guards hold. More security approach and put him face down on the table. At 12:38:48 there are six adults present while four appear to be holding Logan to the table in a prone position. At 12:39:09 itappears that Mr. Cappabianca is holding Logan's left arm and pulling itabove his body. At 12:40:34, Logan manages to stand up and five staff members respond by shoving him back onto the table in a supine position. Mr. Cappabianca is seen laying on Logan's chest/abdominal cavity while others hold his arms down. Other students are seen taking photos and videos. At 12:41:15, O'Connor is observed with his arm under Logan's chin. At 12:43:24 there appears to be dialogue between Logan and the security guard with an arm placed on Logan's chest to keep him held onto the table in a supine position. At 12:44:24 Logan attempts to break free and there are five staff members move on him to grab hold of each limb and attempt to control him. At 12:45:41 there are seven staffmembers holding Logan down and he continues to resist the restraint, at times bucking up and landing on hisback on the table. At 12:46:39 itappears that Logan is allowed to sit up, surrounded by adults. At 12:47:12 Logan stands up and is escorted by security out of the lunchroom. SalitoreReport 8/10/22 Ryan v. ThreeVillageCentral & Don Cappabianca Page 11 of23 FILED: SUFFOLK COUNTY CLERK 10/31/2022 11:29 AM INDEX NO. 063290/2014 NYSCEF DOC. NO. 65 RECEIVED NYSCEF: 10/31/2022 Summary of Relevant Facts: Logan Ryan is a student with complex disabilities as well as medical conditions that require treatment. The actual fight lasted less than 60 seconds. The response by school staff lasted approximately ten minutes. There was not a behavior intervention or safety plan on fileat the time of the incident. Summary of Opinions Opinion #1 It ismy professional opinion, based on a reasonable degree of certainty in my field of special education administration and educational psychology, based on available records, that the staff at Ward Melville High School failed to convene as a Committee on Special Education (CSE), or IEP team following the February 2013 Triennial Evaluation to address the medical and psychological information that came to light. Convening of the team would have been an opportunity to review relevant2data and new information that could have addressed the concerns of his mother (worried about his supports, overreacting to stimuli and having a person to talk to) as well as his pattern of behavioral history. " The school knew Ryan has an abuse history, PTSD and ADHD[1543] during the triennial evaluation and failed to provide a program addressing this aspect of his disability. The team should have come together to consider the information found in this triennial. " New medical information came to the school's attention. Logan had been recently hospitalized for TIA's and on medication. A school nurse or school medical expert should have been invited to participate and see if any health accommodation were necessary such as a health protocol and to consider ifhis new medications had an impact on his learning, behavior, and access to the general curriculum. " Ryan's mother testified that she had met with the school team each school year to inform 'pass' them of the past abuse and consider a (accommodation) for him to go see a specialist and call home[1393,1396]· " It isrelevant that the information Ryan's mother shared during the developmental history update related to his past sexual abuse and outside counseling should have at least been discussed at an IEP review given this information and considered ways to support Logan. Accommodations provided on the IEP in place, during the fight [1573], did not address the information found in the triennial evaluation with respect to triggers SalitoreReport 8/10/22Ryan v. ThreeVillageCentral & Don Cappabianca Page 12 of23 FILED: SUFFOLK COUNTY CLERK 10/31/2022 11:29 AM INDEX NO. 063290/2014 NYSCEF DOC. NO. 65 RECEIVED NYSCEF: 10/31/2022 and heightened reactivity given Ryan's diagnosis of PTSD and his history of behavioral challenges. Because the team did not convene and consider amending the IEP in light of this triennial, they missed an opportunity (afforded to Logan by law) to address aspects to his program (services, accommodations, etc) that may have better met his need for support afforded him under federal law. " Title 34, chapter III (OSERS), PART 300, Subpart D, §300.324 Development, review and revision of IEP compels a district to: o Revises the as to address- (ii) IEP, appropriate, o (A) Any lack of expected progress toward the annual goals described in § 3oo.320(a)(2), and in the general education curriculum, ifappropriate; o (B) The results of any reevaluation conducted under § 3oo.303 (IDEA) " For a student with a discipline history as summarized below, the surfacing of thisnew information should have compelled the team to consider additional services and accommodations as part of his IEP to support the behavioral manifestation of his disability: o 5/2/13 LR disrespectful towards security guard in commons. o 4/5/13 Dress code violation with hat. LR argumentative with security. a 2/8/13 late to class. o 10/4/12 LR put a zip tie on another student causing injury. o 5/1/12 LR involved in physical altercation with another student. o 3/13/12 LR late to school unexcused 3x. o 2/29/12 LR insubordination by not giving name to sub. o 6/9/11 LR hit another student in the back of the head in hallway. o 4/5/11 late to school o 10/29/10 LR pushed another student in cafeteria o 4/7/10 LR refused to move seats when told by a teacher o 3/26/10 LR kicked another student. o 3/25/10 LR was disruptive during an artdemonstration. o 2/9/2010 Late to school. " According to the testimony of the principal, Dr. Baum, tflogan had a behavior intervention plan, security stafwould have been aware of any stipulations of how to intervene[569]. In other words, according to the Principal's testimony, a plan would have ostensibly informed staff of his support needs and prevented this level of response from security. SalitoreReport 8/10/22 Ryan v. Three Central Village & Don Cappabianca Page 13 of 23 FILED: SUFFOLK COUNTY CLERK 10/31/2022 11:29 AM INDEX NO. 063290/2014 NYSCEF DOC. NO. 65 RECEIVED NYSCEF: 10/31/2022 Opinion #2 It ismy professional opinion, based on a reasonable degree of certainty in my field of special education administration and educational psychology, based on available records, that Three Village Central School District operated under the standard of care by failing to properly train the security staff in de-escalation strategies and in emergency interventions (8 NYCRR §§2oo.15(f) and 2oo.22(d)). When staff are not trained, they tend to employ what they know. In this case, the security detail at Ward Melville High School was made up of former and current law enforcement personnel and prison guards, which Dr. Baum stated he relied upon their law enforcement background for their judgment[609]. " TVC is inviolation of 8 NYCRR §§200.15(f) and 200.22(d) by not training security staff. 8 NYCRR §§200.15(f) and 200.22(d), stipulates, "Staff who may be called upon to implement emergency interventions must be provided with appropriate training in safe applicable." and effective restraint procedures, as " Ms. Mexander (behavior consultant) testified that during the time of the incident (5/22/13) there wasn't a policy or procedure in terms of training on emergency interventions [10471 " Ms. Mexander testified to her knowledge, security guards were not trained in NCI[1056). " Mr. Cappabianca demonstrated a subpar understanding of emergency intervention as he testified his definition of restraint depended on what the person was doing[236]. " Mr. Cappabianca testified the school district did not train him on proper restraint techniques [238,265]· " Mr. Cappabianca testified that the school did not inform him of any other protocol around restraining students with disabilities[24o].