By John-Henry Doucette
The Virginia Center for Investigative Journalism at WHRO
VIRGINIA BEACH - Amid concerns about the treatment of an 11-year-old autistic boy in a special education program, a top administrator said the type of makeshift seclusion area where the child was placed should not have been in classrooms.
Laura Armstrong, executive director of Southeastern Cooperative Educational Programs, told members of the Virginia Beach Special Education Advisory Committee during a May 12 meeting that special education classrooms “can’t have an impromptu seclusion area” like the one reported in a VCIJ at WHRO investigation.
A Virginia Beach City Public Schools administrator told the panel that the division is re-examining its policy on using restraint and seclusion to calm students during a behavior crisis. Virginia Beach is one of eight Hampton Roads communities SECEP serves.
The potential shift in policy for Virginia Beach comes in the wake of the death of 11-year-old Josh Sikes, a Virginia Beach child with autism and learning disabilities who died on Nov. 3 at his home after suffering a seizure.
Sikes attended SECEP classes at Pembroke Elementary School in Virginia Beach. In the week before his death, he had several behavioral episodes, and SECEP staff placed him in a makeshift seclusion area made of classroom furniture strapped together with tie-downs, according to an internal SECEP report.
A personal care aide found a bruise on Sikes’ leg a day after he had been in the area at school, and Josh’s mother, Julie Sikes, wants to know if alleged mistreatment may have played a role in his injury or death. An amended death certificate issued this month says Josh Sikes died due to “complications of seizure disorder.” An autopsy has not been released.
Virginia Beach police, Child Protective Services and SECEP are investigating the events in the classroom and any possible connection to his death, according to the SECEP report.
Armstrong spoke with the advisory committee on May 12, along with Tania Sotomayor, director of compliance and special education services for Virginia Beach schools.
Committee members had sought information about the practices of seclusion and restraint in Virginia Beach after hearing in March from Julie Sikes. The May meeting also followed a VCIJ investigation about the alleged treatment of Josh Sikes. VCIJ’s story included a photo of the area taken by a SECEP employee.
Sotomayor told the committee that the city schools are “knee-deep” in reviewing their policy and may consider whether seclusion should remain. Norfolk, also served by SECEP, doesn’t permit seclusion. The Virginia Beach policy is supposed to be reviewed annually, and Sotomayor didn’t say whether this is in response to the alleged treatment of Josh.
The officials who addressed the committee did not directly discuss anything related to Sikes, but they answered questions about policy and the type of area shown in the photograph published by VCIJ.
SECEP is a public regional consortium that educates students with medical, emotional and behavioral challenges. Josh’s classroom was overseen by SECEP but located within Pembroke Elementary School.
Seclusion and restraint are techniques meant to prevent a student from hurting themself or others during a crisis. They are disproportionately used with special education students, federal data shows.
SECEP has faced scrutiny about its use of seclusion and restraint in the past. In a 2017 compliance review, the U.S. Department of Education’s Office for Civil Rights noted inconsistent views about what counted as restraint and seclusion within the organization. SECEP signed an agreement in 2022 admitting no wrongdoing, but promising to revise policies and procedures.
In Virginia, seclusion is “the involuntary confinement of a student alone in a room or area from which the student is physically prevented from leaving,” and restraint is when movement is physically restricted.
Virginia Beach, the commonwealth’s fourth-largest school division, reported the highest number of seclusion incidents — 281 — in Virginia for the 2023-24 school year. All seclusions that year were related to SECEP programs, according to data provided by Virginia Beach schools.
Seclusions and restraints are supposed to be reported to parents. Josh’s parents said SECEP contacted them about restraint incidents, but they weren’t notified that he’d been in the corner area of the classroom. Julie Sikes said she only found out about the area when a teacher showed her photos after Josh died.
In a statement to VCIJ, Virginia Beach schools said the administration is allowed to change seclusion and restraint policies without the consent of the school board. The school board and its Special Education Advisory Committee may also weigh in on policy changes.
Virginia Beach schools declined to provide an administrator to be interviewed about the general policies of seclusion and restraint.
At the May 12 advisory committee meeting, members asked where authorized seclusion rooms are found. Sotomayor said “quiet areas” were at two Beach schools, both with programs overseen by SECEP - at the Renaissance Academy and at a wing of Windsor Woods Elementary School.
Kellie Vanella, a member of the committee, asked about the area shown in the photo published by VCIJ.
Sotomayor said Virginia Beach City Public Schools did not have such areas in its classrooms, adding that she could not address classrooms overseen by SECEP.
Armstrong then told the committee that an “impromptu seclusion area” isn’t allowed in SECEP classrooms.
“So what was shown in the recent investigative article with the photograph from the classroom was not allowed?” Vanella asked.
“I can’t speak to that particular case because it’s an ongoing investigation,” Armstrong said.
“I’m not asking case specific,” Vanella said, “but I’m saying, in general, is it allowed for there to be a space created within a classroom where furniture is strapped together?”
Armstrong said it wasn’t.
During an interview, Meghan Ashburn, chairperson of the advisory committee, credited the division with re-examining its guidelines.
“I think it’s important for Virginia Beach to want to be a leader in helping our kids instead of a leader in secluding and restraining our kids,” Ashburn said. “That’s what we are right now — a leader in seclusion and restraint, according to the data.”
Reach John Doucette at jhd@princessanneindy.com.
Virginia Beach Public Schools are a member of the Hampton Roads Educational Telecommunications Association, which holds WHRO's license.