Submitted Photo Pictured are protesters voicing support for Joshua Ortiz, a Brocton Elementary School student with autism who has often faced disciplinary action for his behavior at school.

BROCTON — Any good parent will stand up for their child. Clarissa Ortiz is doing that in defense of her son, Joshua, regarding his treatment at Brocton Central Schools.

Ortiz claims her son, Joshua, has not received the treatment he needs as a special education student in second grade at Brocton Elementary School. Ortiz said her son has Level 2-3 autism. According to the three levels of the autism spectrum, individuals classified as Level 3 require substantial support and have high difficulty regarding self regulation.

Ortiz attended a recent Board of Education meeting to bring her concerns to the forefront. She told the Board of Education, “I know this district is big in pushing the narrative of the Brocton Story and supporting our students in every aspect, so I am here today to tell you Joshua’s horrible Brocton story the last two years.”

Beginning in kindergarten, Joshua exhibited behaviors that require unique care and compassion. Instead, Ortiz claims her son has been labeled as a “problem” because of his behavior. Ortiz claims last year, her son received approximately 70 disciplinary referrals, and he has been suspended out of school this year for the fifth time since he began kindergarten.

In her eyes, Ortiz said the district has not provided qualified support staff to adequately address her son’s needs. She characterized the staff as “untrained” and “inexperienced,” and also claimed he has had three different Teacher Aides assigned to guide him through the day.

Ortiz claims one of the aides was removed after she filed a Dignity for All Students Act (DASA) complaint against the district because she recorded Joshua’s behavior and sent the video to his father. Ortiz claims the same aide was also witnessed handling Joshua “aggressively” in the school hallway. Ortiz also claims the next two aides assigned to her son were not engaging her son appropriately.

Ortiz stated after her son was suspended in February, he was moved away from the special education classroom he was in previously to a secluded classroom with a teacher Ortiz claims was not qualified to handle special education students. Ortiz, as an employee of the district herself, witnessed and recorded various situations where she felt her son’s well being was compromised. When she presented the evidence to the district superintendent and the Director of Special Education, she claims the response was not to address what was shown in the video, but rather to criticize her for recording while at work.

“I was recording so I can finally have proof to show since no one believed me,” Ortiz said.

Joshua Ortiz is now on his fourth designated support staff member, an Occupational Therapist. His mother believes things are not improving enough, so she has continued to seek a solution through other avenues. Ortiz claims to have presented several other ideas to meet her son’s needs, including a transfer to the Dunkirk City School District, which she believes is better equipped to meet the needs of her son from her own previous experience working at Dunkirk. However, she claims the only option she has received from the District is to transfer to BOCES, which she is reluctant to do in fear of developmental regression.

Following his fourth suspension, Joshua Ortiz and his mother had a hearing with District administration. Prior to the hearing, Clarissa Ortiz attempted to persuade the Elementary Principal to issue an in-school suspension, but her request was denied. Ortiz believes her son is unfairly punished due to his ethnicity, as she claims white students in general education classes are receiving in-school suspensions rather than out-of-school suspensions for similar offenses.

“Because my son is autistic and Latino he gets thrown out of school for five days,” Ortiz said. She also claims one of the claims against her son was exaggerated and defined it as “defamation” of her son’s character.

Ortiz called the disciplinary actions against her son “embarrassing” and defined the District as a “laughing stock” because of how it handles its students, especially those with special needs. She stated Brocton lacks common sense and empathy for its students.

Brocton Superintendent Jason Delcamp responded to the claims Ortiz made with a statement to the OBSERVER.

“Under the laws protecting student and staff confidentiality, we are unable to comment on any specific situations involving our students. The Brocton Central School District is committed, however, to providing all our students with an appropriate educational program and services. We are also committed to providing a safe learning environment for all students and staff. At all times we adhere to the District’s policies and procedures, as well as Education Law.”

Delcamp also spoke to what he believes is true about the Brocton Central School District staff and its treatment of students.

“As superintendent, I have witnessed our caring and compassionate staff meeting the needs of our students,” Delcamp said. “I am proud of the professionalism and care regularly exhibited by our staff. Our top priority remains ensuring that each and every student receives the support and services necessary to ensure their ongoing educational success.”

Ortiz started a petition Sept. 26 through change.org with a goal of 500 signatures to call for action through the state Department of Education. Three weeks after the petition launched, it had received nearly 350 signatures. The petition can be found at change.org/justiceforjoshuaortiz.

A protest was also organized in support of Joshua and the care he deserves. After Joshua was suspended for the fifth time earlier this week, Clarissa Ortiz has begun searching for an attorney to represent her son against the District, but she did not find immediate success.

“Enough is enough! I think it’s time to do the right thing and provide justice for Joshua,” she said.