{"id":451,"date":"2026-06-06T10:34:33","date_gmt":"2026-06-06T10:34:33","guid":{"rendered":"https:\/\/coloradorelocationreport.com\/?p=451"},"modified":"2026-06-06T10:34:33","modified_gmt":"2026-06-06T10:34:33","slug":"colorado-needed-more-specialized-schools-now-this-one-is-facing-scrutiny-for-restraining-students","status":"publish","type":"post","link":"https:\/\/coloradorelocationreport.com\/?p=451","title":{"rendered":"Colorado needed more specialized schools. Now this one is facing scrutiny for restraining students."},"content":{"rendered":"
\n

Mark Brostrom\u2019s 11-year-old son was struggling in public school when his school district suggested what seemed like a better fit: a new specialized school near the family\u2019s home.<\/p>\n

Read more Where the three Republicans running to be Colorado\u2019s next governor stand on the top issues<\/a><\/p>\n

Brostrom remembers thinking that the Austin Centers for Exceptional Students in Westminster could offer the flexibility that his son, who has autism, needed to thrive. A bright boy who scores well on tests, his son also sometimes responded to stress by destroying property or harming himself, his father said.<\/p>\n

But Brostrom quickly became disillusioned with The ACES, as the school calls itself.<\/p>\n

His son, whom Chalkbeat is not naming to protect his privacy, experienced multiple restraints, including one that the 11-year-old called \u201cthe crucifixion,\u201d Brostrom said. The boy described being pinned to the floor on his back with staff members holding his arms and legs, a situation that his father said only made the boy struggle harder.<\/p>\n

\u201cIt was so obvious that they did not have his safety in mind,\u201d said Brostrom, who pulled his son out of the school after the boy came home with scratches and bruises. \u201cTheir intention was to get him to stop behaviors through fear and coercion.\u201d<\/p>\n

<\/div>\n

The ACES is what Colorado calls a facility school, a placement of last resort for students with intense behavioral, mental health, or special education needs whom public schools can\u2019t or won\u2019t serve. As the number of facility schools dwindled, state lawmakers in 2023 created a new, less clinical category called a \u201cspecialized day school\u201d \u2014 opening the door for providers like The ACES.<\/p>\n

Now, less than two years after opening, the school faces state sanctions and a potential loss of funding after complaints about how it physically restrains students, suggesting the state\u2019s changes meant to grow the number of facility schools lacked adequate safeguards.<\/p>\n

Colorado education officials put The ACES under a rare corrective action plan, and two of the state\u2019s largest districts say they pulled all or some of their students out of the school this spring. Facility schools are funded directly by the state but districts also pay tuition to send children there.<\/p>\n

\u201cThey have this way of doing things that is not something we\u2019re going to accept in Colorado,\u201d said Meryl Duguay, an advocate for students with disabilities who sounded the alarm with state education officials after visiting The ACES this spring.<\/p>\n

To report this story, Chalkbeat spoke with four parents who either removed their children from The ACES or decided not to send them after going on a tour, as well as a former teacher who said she left because she disagreed with how The ACES treats students and staff.<\/p>\n

Chalkbeat also interviewed advocates and attorneys in Colorado and Arizona, where The ACES was founded more than 30 years ago, and reviewed state documents and local police reports obtained via public records requests, as well as documentation provided by parents.<\/p>\n

Officials with The ACES, including President Garen Austin, declined to be interviewed. The school provided written statements in response to Chalkbeat questions.<\/p>\n

The school said many students are referred there because \u201cthey exhibit severe behavioral challenges\u201d and may require \u201cphysical management interventions to prevent injury to themselves or others,\u201d especially when they first arrive. Minor bruising may unintentionally occur when a student is restrained, The ACES said, and students are examined by a nurse afterward. The evaluation is documented and parents are notified of \u201cany identified concerns.\u201d<\/p>\n

\u201cWhile we cannot comment on individual student cases for privacy reasons, this school year we have occasionally found minor bruises and no significant injuries,\u201d The ACES said.<\/p>\n

The ACES said it responded \u201cpromptly and proactively\u201d to the state corrective action plan by expanding training, strengthening policies and procedures, increasing supervision, and enhancing documentation and internal reviews.<\/p>\n

\u201cThe ACES is committed to continuous improvement and to providing safe, high-quality educational services for students with significant and specialized needs,\u201d the school said. \u201cOur focus remains on helping students build the behavioral, emotional, and academic skills necessary to successfully return to their referring school district.\u201d<\/p>\n

The ACES was sued in Arizona over broken arms<\/h2>\n

The ACES, which has five locations in Arizona, was one of the first of the new category of facility schools approved by the Colorado Department of Education. An Arizona Department of Education spokesperson said The ACES is in good standing there.<\/p>\n

But court records show that The ACES has been sued at least five times in Arizona, dating back to 2002. Four cases involve allegations that staff members broke students\u2019 arms during restraints. Another alleges that staff members broke a student\u2019s wrist.<\/p>\n

All five Arizona lawsuits were either dismissed, settled, or forced to go through arbitration, court records show. The ACES has parents sign an agreement that says any dispute arising out of behavioral intervention must be \u201cdecided by binding arbitration only, not a judge or jury,\u201d according to the lawsuits and advocates in Arizona.<\/p>\n

The ACES required Colorado parents to sign the same agreement, copies provided to Chalkbeat by parents and advocates show.<\/p>\n

The U.S. Department of Education Office for Civil Rights is also investigating a complaint out of Arizona alleging that The ACES uses restraint too often and inappropriately, causing injuries, according to a copy of the complaint provided by Hope Kirsch, the attorney who filed it.<\/p>\n

In approving The ACES as a facility school in Colorado, the state education department said it followed a \u201cthorough process\u201d in which The ACES submitted budget projections, curriculum information, staff licensure information, its educational policies and procedures, and more.<\/p>\n

But Colorado didn\u2019t look into The ACES\u2019 operations in Arizona. \u201cThe rules do not include provisions for out-of-state investigations,\u201d a department spokesperson said.<\/p>\n

In Colorado, many students are placed at facility schools because the special education options in their local school districts can\u2019t meet their needs. Michelle Abeyta\u2019s 10-year-old grandson, who has autism, started at The ACES soon after it opened in the fall of 2024.<\/p>\n

\u201cLooking back, it all sounded really good on the surface,\u201d Abeyta said. But as time went on, she said, \u201cI started to see through the cracks of the facade.\u201d<\/p>\n

Her grandson started refusing to get out of bed or eat breakfast for fear of being sent to the school\u2019s behavior intervention room, where he\u2019d been made to stand silently facing the wall, she said.<\/p>\n

Then this winter, he came home with fingerprint-sized bruises on his arms, said Abeyta, the boy\u2019s legal guardian. He told his grandmother that he\u2019d gotten into a fight and been restrained by school staff. Abeyta said there was no mention of it in his daily report from the school.<\/p>\n

\u201cI feel betrayed, I feel angry, and I feel lied to,\u201d said Abeyta, who pulled her grandson out of the school in mid-April. \u201cI am deeply saddened that \u2026 so many kids now have trauma, or further trauma, from a place that was supposed to help them.\u201d<\/p>\n

The former teacher at The ACES in Colorado, who asked that her name not be used for fear of retribution, said The ACES was the first school to train her to hold a student against the wall or on the floor, even though she\u2019d worked in special education for years. Public records reviewed by Chalkbeat show other teachers told state officials similar things. The ACES said some of those comments were \u201csimply inaccurate\u201d and that its staff receive approximately 34 hours of crisis and behavior intervention training per year.<\/p>\n

The teacher said she refused to restrain her students but did sometimes send them to the behavior intervention room. She said her last straw was early this year, when she saw a paraprofessional grab the wrist of a female student who\u2019d walked out of the room. The next thing the teacher saw was the girl on the ground with four men holding her arms and legs and \u201csomeone else in her face telling her she needed to calm down,\u201d she said.<\/p>\n

Read more Latest Colorado River proposal is disappointing, some officials say. Here\u2019s why.<\/a><\/p>\n

\u201cThis is the first job I\u2019ve had to leave midyear,\u201d the teacher said. \u201cI worry about those kids every day.\u201d<\/p>\n

A Westminster Police Department report from January, which Chalkbeat obtained in a public records request, describes an incident consistent with the teacher\u2019s account.<\/p>\n

While several staff members told the police that the restraint followed the regular protocol, one paraprofessional said his colleague had grabbed the girl from behind \u201calmost like a tackle.\u201d He described that approach as \u201ca bit off.\u201d<\/p>\n

He said that while he and the others were holding the girl on the ground, she said \u201cover and over\u201d that the men were hurting her. He said the colleague who\u2019d tackled her was \u201cpushing down with more pressure than what they were trained to do.\u201d<\/p>\n

The police investigated the incident as misdemeanor child abuse but concluded there wasn\u2019t probable cause to charge anyone with a crime, the report says.<\/p>\n

According to the police report, the girl had been sent to the room for sleeping in class.<\/p>\n

The ACES is facing scrutiny in Colorado<\/h2>\n

The paper trail of sanctions against The ACES in Colorado starts in January. After school districts raised concerns about The ACES unnecessarily restraining students with \u201cunnecessary force,\u201d the state education department ordered the corrective action plan.<\/p>\n

The plan limited the use of restraint to when a student displays a weapon or demonstrates \u201ca serious, probable, imminent threat of bodily harm.\u201d It said The ACES can\u2019t use restraint as punishment, can\u2019t put \u201cexcess pressure\u201d on a student\u2019s chest or back, and must release a student within 15 minutes unless it\u2019s unsafe.<\/p>\n

The plan also required The ACES to submit documentation of any restraints to the department every day. A log obtained in a public records request shows The ACES reported more than 460 instances of \u201cphysical management\u201d \u2014 which includes but isn\u2019t limited to physical restraint of students \u2014 between January 27 and May 8. The ACES said only 25% of those instances were restraints. The school served 85 students during that time period, The ACES said.<\/p>\n

The ACES was also required to send weekly documentation of the time students spent in the behavior intervention room. But The ACES told the state in late March that it had closed the room, according to an education department spokesperson.<\/p>\n

In a statement, the ACES said it was complying with the corrective action plan but was \u201cstill awaiting specific details\u201d about the concerns that led to it and an opportunity to respond to them.<\/p>\n

\u201cOur actions have shown measurable positive impact in reducing behavioral interventions and supporting increased academic engagement as we create the best possible learning environment for our students and staff,\u201d the statement said.<\/p>\n

In February, a parent complained to the state that The ACES improperly restrained their 12-year-old son. In late April, .<\/p>\n

According to the written decision, the boy was using \u201cinappropriate and aggressive language\u201d toward a paraprofessional, who told him to face the wall. The boy said, \u201cMake me.\u201d The paraprofessional grabbed the boy by the wrist and held his arm behind his back, a move that was described in his daily report as a \u201cstanding therapeutic hold.\u201d<\/p>\n

But the state found that the hold was improper. The 12-year-old verbally challenging the paraprofessional wasn\u2019t an emergency, and the boy didn\u2019t pose any danger, the complaints officer wrote. It also wasn\u2019t clear that the less restrictive method that the paraprofessional tried first \u2014 making the boy face the wall \u2014 had failed. In its written decision, the department reminded The ACES that restraint can\u2019t be used as a punishment.<\/p>\n

Following that incident, the family pulled their son out of The ACES, the decision says. The paraprofessional resigned after being told he would be fired, it says.<\/p>\n

As a consequence for violating the rules, the state ordered all staff at The ACES to review the 13-page decision and the state rules by June 5. In a mid-May statement, The ACES said the consequence \u201cwas minimal and has been completed.\u201d<\/p>\n

In late April, the state education department sent The ACES another letter. It said that in the course of implementing the corrective action plan, the department received additional information about The ACES\u2019 restraint practices, \u201cstaffing sufficiency,\u201d and more. The \u201cvolume and nature\u201d of the information showed \u201cthat a broader review is warranted,\u201d Paul Foster, assistant commissioner for exceptional student services, wrote in the letter.<\/p>\n

\u201cUltimately \u2014 in the event of continued non-compliance \u2014 we could withdraw state funding,\u201d a department spokesperson said. The department is aiming to complete the review in 90 days.<\/p>\n

The ACES said in a statement that it welcomes the opportunity to work with the state \u201cto review past actions and develop strategies for further improvement.\u201d<\/p>\n

\u201cOver the past several months, we have implemented numerous enhancements related to training, documentation, oversight, and incident review, and we remain committed to continuous improvement,\u201d the school said.<\/p>\n

In May, a spokesperson for the Douglas County School District said it had relocated all of its students out of The ACES \u201cdue to their restraint practices.\u201d<\/p>\n

A spokesperson for the Jeffco Public Schools, which owns the former elementary school building where The ACES is housed, said in mid-May it was \u201cconducting a student-by-student review of all placements at the facility.\u201d The district said it is not placing any new students at The ACES until the school has fully satisfied the state\u2019s corrective action plan.<\/p>\n

Neither Douglas County nor Jeffco school officials responded to questions about the size of their student enrollment at The ACES.<\/p>\n

A spokesperson for Denver Public Schools said in mid-May the district plans to keep using The ACES because it has no concerns. Denver said it has 16 students placed there.<\/p>\n

Former state Sen. Rachel Zenzinger, who sponsored the 2023 bill aimed at fixing the facility school shortage, said she doesn\u2019t think more legislation is needed. She said it\u2019s up to the state to enforce the rules in place and perhaps \u201cbutton up\u201d the facility school approval process.<\/p>\n

\u201cThese are honestly our most vulnerable students,\u201d said Zenzinger, who is now a Jefferson County commissioner. \u201cThat means they deserve a higher standard.\u201d<\/p>\n

What is restraint?<\/strong>
Restraint is defined in Colorado law as any method used to involuntarily limit a student\u2019s freedom of movement for one minute or longer. This often looks like physical \u201cholds\u201d performed by school staff members.\u00a0Under state rules, restraint should:<\/p>\n

Only be used in emergency situations when less restrictive alternatives have failed<\/p>\n

Never be used as discipline<\/p>\n

Only be used for the time period necessary<\/p>\n

Never be used with more force than necessary<\/p>\n

This story was originally published by Chalkbeat, a nonprofit news site covering educational change in public schools. Sign up for their newsletters at ckbe.at\/newsletters<\/em><\/strong><\/p>\n

Read more Colorado\u2019s K-9 cops like chew toys, scratches and keeping black bears alive<\/a><\/p>\n<\/div>\n","protected":false},"excerpt":{"rendered":"

Two of Colorado’s largest districts pulled students from Austin Centers for Exceptional Students, which is funded by the state<\/p>\n","protected":false},"author":1,"featured_media":450,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[29],"tags":[],"class_list":["post-451","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-education"],"yoast_head":"\nColorado needed more specialized schools. 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