Complaint·October 25, 2022

Staff 1(S1) stated that, on the day in question, during nap time, C1 started to yell and spit on his bed. C1 also started running around in the classroom. According to S1, C1 was stepping on other children, at this point the cots were already set up. Child was asked several times to follow directions. Staff was concern about C1’s safety, as well as the safety of other children. Child eventually, got on a cot, but child was still yelling and throwing things. C1 would not calm down so S1 told C1 that she was going to help C1 be safe. S1 states that she sat next to C1 and put her arm over the cot and child was under the staff’s arm to keep child in place. S1 states that this was done to prevent C1 from running off. Staff talked to child throughout that time. Child eventually calmed down and staff left for lunch. S2 stated that he did not see any staff sit on a child during nap time. S2 stated that on the day in question, he observed C1 on the cot and observed S1 put their arm over the cot and child is under the staff’s arm. Child was between the S1’s arm and the cot. This would quiet child down, because child likes to yell. S3 stated that she has never observed any staff sit on child’s body during nap time. LPA also interviewed children attending. C2 stated that, she does not know what staff does when someone does not want to take a nap. C3 stated that staff will switch the bed when someone does not want to take a nap. LPA obtained a copy of an interview conducted with C1 by Pasadena PD. According to the report, C1 did not paint a clear picture as to how S1 sat on him. When asked if S1’s arms, legs, or body was on top of him and he said no she was just laying down. Pasadena Police Department determined that there was not any evidence of child abuse. It appeared that child in question may have behavioral issues and is uncontrollable at school to where staff needs to intervene to protect the safety of child, other children, and staff. Based on the above, although the allegation may have happened or is valid, there is not a preponderance of evidence to prove the alleged violation did or did not occur, therefore the allegation is Unsubstantiated. An exit interview conducted with lead teacher Kerem Martinez. Copy of report provided and Notice of Site Visit provided and shall be posted for 30 days in an area accessible for review