Free Walden
Disability, Intersectionality. Autonomy, Human Rights,
and the Fight to Shut Down the Judge Rotenberg Center
The Judge Rotenberg Center Timeline
1971-present
The Judge Rotenberg Center Logo in Black and white
This timeline is a work in progress and covers the main events, players, and some of the many disabled and neurodivergent victims in the Judge Rotenberg Center's history.
1971
Mathew Israel opened a group home in Providence, Rhode Island, and named it the Behavior Research Institute (BRI). There were only 2 students, one was autistic and the other had schizophrenia. (1)
1972
Israel opened another residential program in one of his schizophrenic patient’s homes in neighboring Cranston, Rhode Island. (1)
1975
The BRI opened a home in Seekonk, Massachusetts, a two-story house in a suburban residential area. (1)
1976
Israel raised tuition and Rhode Island removed all its children from the BRI. They also had philosophical reservations about their use of aversives but continued to give BRI a license to operate as a special education program. (2)
April 1976- Matthew Israel opened a Behavioral Research Institute branch in Van Nuys, California, despite not having licenses to run a group home, practice psychology in the state, or use aversives. (2)
December 27, 1976- The National Society for Autistic Children (now known as the National Society for Children and Adults with Autism) kicked Matthew Israel out for "practicing as a clinical psychologist directing both day and residential programs in the state of California without obtaining a professional license." (2)
1977
Isreal opened 3 residential homes in Attleboro, Massachusetts, followed by a residential home in Rehoboth, Massachusetts. (1)
The BRI in California was rejected for a license to operate by the California Department of Health because they used aversives, there weren't enough peer reviews on the use of aversives, and there was no evidence that Israel was "reputable or responsible". (2)
Matthew Israel planned to shut down the BRI in California, but a group of parents and caregivers took it over co-op style. The name was changed to the Behavior Research Institute of California and Israel went from Executive Officer to “consultant”. California Governor Pat Brown issued them a license to operate and a license to use behavior modification and painful aversives. They hired the governor’s law firm to represent them. They received $35,000, yearly, from the state for each resident. (2)
1978
June 28, 1978- June Ciric from New Jersey alleged that her son Michael, a non-speaking autistic resident of the BRI in Rhode Island, had been abused. Staff handcuffed him to a chair and then chained the chair to a fire escape ladder to stop him from running away. On June 28, 1978, he was admitted to the hospital for 10 days for acute cellulitis in his right arm. Michael’s inner thighs were severely bruised, and he had a black eye and lacerations all over his body. He was underweight and started having seizures. New Jersey investigated and found that her claims were “unsubstantiated”. (2)
October 28, 1978- A former employee at the BRI of California, Kathy Corwin, reported witnessing Matthew Israel “fingernail-pinching” the bottom of a 12-year-old resident’s feet for going to the bathroom in the shower on October 28, 1978. He would receive about 24 pinches during a half-hour period of this therapy session. The boy was crying and screaming out in pain. Another employee, Nancy Thibeault, testified that the next day the soles of his feet had oozing, bloody open wounds. When Kathy Corwin returned to the BRI after 2 days off the resident’s soles of his feet were bloodied, blistered, and skinless. (2)
November 6, 1978- The father of the 12-year-old boy that Kathy Corwin witnessed being pinched took his son to the doctor. The bottom of his feet “were covered with strange wounds which can only be described as holes. It looked as if the skin or flesh had been removed and that it was healing and growing back to the level of the skin. They [the holes] were about the size of the circumference of a cigarette.”(2)
November 1978- A New York state interagency group conducted an on-site assessment of BRI in Rhode Island. They wrote a report and sent it to Matthew Isreal explaining that aspects of BRI were not in compliance with New York state law and the New York Commissioner of Education rules and regulations. The BRI was told to modify its program to comply with all of the appropriate state and federal mandates. (2, C1)
1979
Israel responded to Kathy Corwin’s account of a 12-year-old boy being brutally pinched with a 30-page rebuttal, called the “Corwin Allegations”, defending what he did to this resident. “As I recall no skin was broken…[The student] is alive, well, happy, healthy, behaving better than ever, and with not a single serious or semi-serious injury from any treatment procedure administered by me or the staff of B.R.I. California.” (2)
January 10, 1979- The North Los Angeles County Regional Center (NLACRC) an agency in charge of distributing state funds for disabled people voted to stop its funding of the BRI of California because they
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were abusing the therapeutic processes
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were severely injuring one of its residents, and
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Were using nonapproved aversives with inadequate controls (2)
Three parents of BRI of California residents took the NLACRC to court to stop them, claiming their children would end up being drugged, neglected, and abused in state hospitals. The parents won because the NLACRC didn’t have the authority to defund the BRI of California. (2)
January 9, 10, & 11-The New York State Department of Developmental Services (then called the Office of Mental Retardation and Developmental Disabilities) sent an interdisciplinary team to visit the BRI in Providence Rhode Island as a surprise follow-up to the November 1978 on-site assessment. On the first day, they were accompanied by a regional associate from the NY State Education Department.
They also conducted psychological and educational assessments of the 15 New York state residents who were residing at the BRI. (1)
Another report was published by authorities in NY state on the BRI citing physical and mental abuse endured by residents.
1979 New York State Report on the Behavior Research Institute. Photocopy of original. (not text accessible): https://autistichoya.files.wordpress.com/2016/04/1979_nysomrdd_investigation.pdf
March 23, 1979- The Massachusetts Department of Education published a report, “A Position Paper on Behavior Research Institute”, recommending that a registered nurse evaluate the physical condition of each student daily, that pinching between the toes should stop, and that the Office for Children (now called the Department of Children and Families) monitors the program once every 2 months (they didn’t). It mentioned that there is a controversy with aversives but ultimately stated that parents should have the option to send their autistic child to the BRI.
The report mentioned a conversation with Matthew Israel that took place on March 6, 1979, where Israel said he planned on phasing out spanks, squeezes, and pinches for some kind of air-blast gun. The report commended Israel and his employees “for their commitment to developing creative, effective treatment alternatives”.(2)
March 30, 1979- The Behavior Research Institute of California was issued a Special Permit to Provide Aversive Behavior Interventions. (21)
April 19, 1979- Massachusetts Senator Jack Backman wrote a letter to the Department of Children and Families commissioner John Isaacson stating that the BRI was violating the State statute prohibiting corporal punishment. (2)
1980
October 30, 1980- Robert Cooper, a 25-year-old autistic resident of the BRI died from a hemorrhagic bowel infarct (blockage of the bowel). The Massachusetts Department of Mental Health investigated and found no evidence that staff at BRI was negligent although they were critical of staff using their own vehicles and not notifying the ER that they were on their way. (2)
1981
1981-The state of California moved to revoke the BRI’s special permit and license, citing numerous violations. The BRI appealed. (2)
July 17-Danny Aswad, a 14-year-old autistic resident of BRI in Northridge, California, died while he was face down and restrained to his bed with arm and leg cuffs. The autopsy report says that he died of natural causes. The state of California put BRI on a two-year probation. (1, 4)
1982
California Department of Social Services filed a 63-page legal complaint against BRI in California alleging that the facility misuses and abuses behavior modification therapy which endangers the health, welfare, and safety of the students. They included a list of over 100 alleged violations of the BRI’s license regulations and special permits. The state’s investigation found that residents of the BRI were beaten, restrained (cuffed to chairs), severely bruised, starved, refused bathroom access, and humiliated. Staff would instigate residents and force them to act out in front of film crews for promotional videos. Staff was also trained to conceal bruising from doctors, family, and regulatory agencies.
California Investigation into Behavior Research Institue of California, 1982: https://www.documentcloud.org/documents/1282840-ca-investigation-1982.html
Matthew Israel was banned from the facility, and they were no longer allowed to use physical aversives stronger than water spray. Judy Weber, whose child was a resident, took over the center, renamed it Tobinworld, and continued abusing residents. (3)
1983
March 1983- Despite corporal punishment being illegal in Massachusetts, the Department of Children and Families allowed the Behavior Research Institute to use aversives and approved the hierarchy of aversives. (2, 3)
1984
1985
March and April 1985 - Michael Avery, a Massachusetts licensing investigator, spent 250 total hours at the BRI, witnessing and experiencing first-hand, the painful aversive therapy that the BRI administered. Avery noted that the hierarchy of aversives the BRI agreed to had been changed without notifying the Department of Children and Families.
He discovered one student that had been spanked 133 times within 2 hours and another student was made to wear leg chains for extended periods of time. Some students wore wet clothes hours after they had been punished by water squirts and cold showers. Avery denied the BRI’s license concluding that their behavior modification program did not work and that they were in serious noncompliance with regulations. (2)
May 24, 1985-Massachusetts Department of Education issues BRI a "clean bill of health". (2)
July 23, 1985- Vincent Milletich, a 22-year-old autistic resident of a group home in Seekonk, Mass, run by BRI, died while being restrained to a chair with his feet and hands in cuffs, his face masked, and forced to wear a helmet with earphones that blasted incredibly loud static (white noise therapy). He suffocated. BRI claimed he died of tardive dyskinesia.
A district court judge determined that Matthew Isreal and two other doctors at BRI were negligent in approving the “white noise therapy” for him, but that BRI did not cause Vincent Milletich’s death. The Massachusetts Department of Education ordered BRI to stop using “white noise therapy” on Massachusetts residents as they investigated Vincent Milletich’s death. (4, 10, 11)
August 28, 1985-Michael Avery and the Department of Children and Families acting director of group-care licensing, Bette McClure, visited the BRI. They found that a doctor was approving excessive use of aversive. (2)
September 10, 1985-John Roberts, executive director of the Civil Liberties Union of Massachusetts wrote a letter to Governor Michael Dukakis: “We recognize that parents do agree to the treatment program when children are placed at BRI, but many do so out of desperation that there is no other placement available. However, even parents are prohibited from abusing their children.” (2)
September 16, 1985-An ex-employee at the BRI called Michael Avery to tell him that the BRI had changed the contingent-food program without notifying the Department of Children and Families and that every student had to earn their food through a reward and punishment system. (2)
September 17, 1985-Michael Avery made a surprise visit to the BRI and confirmed the ex-employee's claims about the contingent-food program. Avery took the food-intake charts and other documents from BRI and shared them with the Department of Children and Families acting director of group-care licensing, Bette McClure. (2)
September 26, 1985-Massachusetts Department of Children and Families, issues an emergency order to close the BRI. The DCF claimed that disregard for regulatory requirements and excessive punishments jeopardized the health, safety, and welfare of its students. The DCF suspended the BRI’s licenses. At the time, BRI had 7 residential homes in Massachusetts, housing 64 residents aged 13-28. (1, 2, 12) The BRI appealed and countersued the Department of Children and Families. (1)
1985-A group of BRI residents’ parents filed a suit against the Department of Children and Families because they wanted aversives used on their children. As part of the settlement to the suit Probate Judge Ernest Rotenberg extended an agreement allowing BRI to shock its residents. (14)
October 23, 1985-A magistrate judge recommends that the BRI remain open as long as they do not use cold showers, “white noise” therapy, and spanking. The Department of Children and Families complied and scheduled hearings to "allow B.R.I. one more chance to present to the office exactly what aversive procedures it wishes to use'' and ''to demonstrate that B.R.I. now has the needed safeguards in place.'' (1, 13, 14)
December 12, 1985-The Massachusetts Department of Children and Families and the BRI entered into a settlement agreement that prohibited the state from interfering with the institute and allowed BRI to continue using aversives as long as they got court approval through “substituted judgment” proceedings. (3, 19, 69, C3)
Settlement Agreement between Massachusetts Office of Children and the BRI:
https://autistichoya.files.wordpress.com/2016/04/jrc_settlement_agreement.pdf
Dec 30, 1985- The Massachusett’s Department of Children and Families agreed to reconsider banning BRI from using aversives. The director of the DCF, Mary Kay Leonard, appointed a panel of experts to deliver a report in 30 days about using aversives on autistic kids. (14)
1986
1986- Matthew Israel brought his most self-abusive student, a 15-year-old female from Queens, to the Bristol County Probate Court to get permission to administer aversives. Both Israel and the girl’s parents told the probate court judge, Ernest Rotenberg, at a hearing, that the student had reverted to uncontrollable violent behavior since the aversives had been banned. Judge Rotenberg visited the BRI, viewed video footage of the girl, and decided that Israel could use aversives on her. (12)
April 1986-The Department of Children and Families published the report from the panel of experts Mary Kay Leonard appointed in December 1985. (12)
April 12, 1986-A former employee, Kenneth L. Kimble, set fire to the Behavior Research Institute in Northridge, California, in the middle of the night, to cover up the fact that he had stolen a safe. Staff and residents had to escape. No one was hurt, but the fire caused $50,000 worth of damage. The BRI of California relocated to a 4-bedroom house on 2 ½ acres in Sunland. There were 6 residents, between the ages of 15 and 21, at the time. (3, 19)
June 5, 1986-Bristol County Probate and Family Court Judge Ernest Rotenberg sided with Matthew Israel and the BRI/JRC against the Department of Children and Families. Judge Rotenberg found that the DCF had acted in bad faith, ignoring clinicians that support aversive therapy and launching biased and subjective investigations.
The DCF was no longer allowed to interfere and the Department of Mental Health was put in charge of licensing. The BRI/JRC was able to use aversive. (12, C9)
The Judge Rotenberg Educational Center, Inc., & others vs. Commissioner of The Department Of Mental Retardation. 424 Mass. 430. November 5, 1996 - March 13, 1997. Bristol County:
http://masscases.com/cases/sjc/424/424mass430.html
December 1986- BRI demands $5 million in damages from DCF director Mary Kay Leonard. (16)
1987
January 7, 1987-The DCF and Behavior Research Institute settled with a consent decree, which allowed Bristol County Probate and Family Court to be in control of the case. The BRI was allowed to continue using aversives as long as they got permission for each individual student from a judge through a "substituted judgment" hearing. The state agreed to pay $580,000 to the BRI. A psychologist, John Daignault was appointed to monitor the BRI’s educational and treatment programs. The settlement agreement was meant to terminate in a year but was never actually vacated so it remains in place today. (1, 67, 68, 70)
January 1987-A judge appointed psychologist John Daignault to oversee the use of aversives at BRI’s facilities in Massachusetts. (15)
1987-The Department of Children and Families and Behavior Research Institute settle, and the state agrees to pay $580,000 to the BRI. (1)
June 23, 1987-Probate Judge Rotenberg extended the agreement from the 1985 suit from the parents of BRI residents that allowed the facility to use aversives as long as they get permission from the court first. (15)
June 23, 1987-Abigail Gibson, a 29-year-old disabled autistic resident who was receiving aversive therapy at a BRI-run group home in Attleboro, Massachusetts, had a heart attack in her sleep. She was taken to an ICU where she dies two days later. (15) Psychologist John Daignault conducted a preliminary inquiry into her death and concluded that it had nothing to do with the aversive therapy she was receiving. (15)
1988
1988-He purchased a Self-Injurious Behavior Inhibiting System (SIBIS), developed in 1984 by parents with an autistic child, which was the only skin-shock device on the market. (1, 4)
The BRI began to phase out slapping, pinching, and squeezing in favor of the electric shocks, which, according to Israel were much “cleaner”, meaning it doesn’t leave red marks or bruises like a slap, pinch, or squeeze and it takes less energy from staff than restraints. (4)
1988- Israel invented his own skin shock device called the Graduated Electronic Decelerator (GED). It was almost three times stronger than the Self-Injurious Behavior Inhibiting System (SIBIS). (1, 20) Israel realized that over time the GED lost its effectiveness, so a second and third version were eventually created. (24)
1988-The 1987 consent decree was extended. (68)
October 24, 1988-Massachusetts Department of Developmental Services files a motion to amend the 1987 settlement agreement to omit “the Department of Mental Health” and put “the Department of Mental Retardation” in its place (DDS was called the Department of Mental Retardation then). (C3)
December 29, 1988-The court accepts DDS’ motion to amend the settlement agreement. (C3, C9)
1988-1990-Brandon receives more than 5,000 shocks. (4)
1989
1990
December 19, 1990- Linda Cornelison, a 19-year-old non-verbal autistic resident of BRI, died after ulcers had torn holes through her stomach while the staff and medical doctors not only dismissed her cries and expression of severe pain but punished her for it. For two days, instead of bringing Linda Cornelison to the hospital, the staff at BRI punished her. She received 56 physical aversives in the 4-hour period before they decided to call an ambulance. She lived at the BRI facility since October 1984. She received at least 88,719 physical aversions. (4, 21, 45)
1991
December 9 and 10, 1991-The Department of Developmental Services conducted an onsite visit to the JRC, met with employees, and reviewed documents to determine if the facility should be recertified for level III aversive. (C9)
December 21, 1991-DDS published the report from the December visit recommending the JRC be recertified for level III aversives as long as they comply with some primary conditions. (C9)
1992
June 1992-DDS’ director of quality assurance informed the JRC that the findings of the December 1991 report had been accepted. However, the JRC was denied recertification for level III aversive. (C9)
July 1992-DDS’s director of quality assurance sent a letter to the JRC stating they were denied for level III aversive certification because there was a new reduced calorie food program and the GED had just been invented. These 2 programs needed to be reviewed. (C9)
Fall 1992-Another review team from the Department of Developmental Services was sent to the JRC for another visit and review of the GED and the new contingent food program. They found that the JRC had complied with the department’s conditions and that there were NO adverse health effects from the GED-4 or the new food program. They were still denied certification for level III aversives. (C9)
1993
1993-Matthew Israel filed a lawsuit against the state commissioner of the Department of Developmental Services, Phillip Campbell, and claimed he violated the 1986 settlement agreement by covering up recommendations that the JRC be recertified for level III aversives and wasting state resources by unfairly targeting the JRC. (72, C9)
July 1993-The Department of Developmental Services released its certification team report from the 1992 visit which was favorable to the JRC, but the commissioner, Philip Campbell said it was incomplete because one member of the team did not sign it. (C9)
August 6, 1993-DDS sent the JRC a letter granting them “interim certification” to use aversives. The facility was denied the normal certification for being in constant noncompliance with the department's regulations. The JRC requested a meeting with DDS and asked for a third-party court monitor to be appointed to settle disputes between them. The DDS wasn’t interested. (C9)
August 27, 1993-The JRC sent the Department of Developmental Services a letter refuting every one of the allegations in the August 6th letter. (C9)
August 31, 1993-The DDS sent a letter to the JRC claiming an outside source had informed them that the GED was having issues with misfiring. (C9)
The JRC was given the opportunity to provide further information and told that they would receive an interim certification if they were found to be in compliance with their conditions.
Some of the conditions:
Condition 1 restricted the use of certain aversives, which was later found to be in violation of the settlement agreement.
Condition 2 required the JRC to notify its funding sources regarding the funding and logistics of unexpected situations (medical, personal, programmatic) that the JRC is unable to address.(C9)
September 7, 1993, until the fall of 1994-Philip Campbell, held meetings on Tuesday mornings to discuss the JRC’s certification. A plan was allegedly developed on September 7, 1993, to disrupt the facility’s operations by any means necessary, including interfering with the JRC’s funding agencies and parents of students. (C9)
September 20, 1993-The DDS and court monitor reach an agreement that the JRC doesn’t have to comply with condition #10.
DDS mailed letters to funding agencies explaining that the JRC is in noncompliance and may not receive aversive certification. A judge later found, in 1995, that these letters were meant to interfere with the JRC’s funding. (C9)
September 22, 1993-DDS filed an unsolicited "Report to the Court" that included the unfavorable August 6th and 31st letters but not the 2 favorable certification reports which a judge considered to be a purposeful omission. The judge also asserted there were blatantly false statements. (C9)
September 24, 1993-DDS sent the JRC’s executive director, and the facility's funding agencies, another certification letter granting them conditional certification until December 15, 1993. This letter contained details of 14 abuse investigations that were started from complaints by former JRC staff and students, including instances where the executive director was personally involved or responsible. (C9)
December 15, 1993-The Commissioner of the DDS, Philip Campbell sent the JRC, and its funding agencies, another letter stating that the JRC failed to report another death (in 1991), which is required by law. But nobody had died in 1991, so the judge found that the commissioner was being facetious. (C9)
December 1993-The independent consulting firm that was appointed by the assistant commissioner of quality assurance, the Rivendell review team, to conduct a review of the JRC submitted its report. But it was later found that the head of the Rivendell review group had once signed a petition, "Call to Action by Amnesty International”, where the use of aversives, at a place like the JRC, was equated to political torture. (C9)
1994
January 1994-The DDS arranged a meeting with a New York agency that funded JRC students. When the JRC found out and requested a court-appointed guardian to be able to attend the DDS canceled the meeting. The JRC asked the DDS to notify them before any future meetings with the NY agency. The DDS held a telephone conference with the NY agency and didn’t tell the JRC. (C9)
February 9, 1994-The DDS sent a letter to the JRC with 12 more conditions they must comply with by May 8, 1994, in order to receive certification for another 2 years. The JRC was required to rewrite all of the 55 behavior modification treatment plans and allow 2 new independent psychiatrists and physicians to conduct independent medical, including psychiatric, evaluations on all 60 JRC students within the next 80 days. (C9)
February 28, 1994-The New York agency wrote to the parents of New York students stating that their children would be offered alternative placement in New York.(C9)
May 1994-The DDS and the JRC started a 6-week negotiation regarding certification from the February 9 letter. (C9)
July 5, 1994-An agreement between DDS and JRC was reached and certification is extended until December 31, 1994. (C9)
1994-BRI changed its name to the Judge Rotenberg Educational Center after Probate Judge Ernest Rotenberg, who continuously sided with Matthew Israel and the JRC.
1994-The U.S. Food and Drug Administration (FDA) cleared the Graduated Electronic Decelerator (GED) for the treatment of self-injurious behaviors. (1, 33)
1995
January 20, 1995-DDS alleged in a letter to the JRC that the behavior modification treatment plans that were rewritten did not comply with regulations, even though the prototype had been developed by the assistant commissioner for quality assurance and a psychologist at JRC. (C9)
The DDS added 6 new conditions the JRC must comply with to get the certification, including the discontinuation of the contingent specialized food program and taking 6 specific students off of level III aversives.The JRC requested mediation again. (C9)
April 7, 1995-A DDS official stated that the department is open to addressing any of the JRC’s questions regarding certification. (C9)
March 23, 1995-The DDS decertified the JRC effective July 1, 1995. (C9)
March 24, 1995-After the JRC’s motion to file a third amended complaint a judge enters a preliminary injunction prohibiting the DDS from decertifying the JRC. (C9)
The JRC went to the Bristol County Probate and Family Court and the Judge finds the Department of Disability Services in contempt of the court-ordered 1986 settlement agreement.
The commissioner of the DDS, Philip Campbell, was forced to resign and a person appointed by the court took over anything regarding the JRC from 1996-2006. (68, C9)
October 1995-Massachusetts judge, Elizabeth O'Neill La Staiti, awarded the JRC more than $1 million and accused the chief state regulator of perjury, and referred them to the local prosecutor. This ruling was from the lawsuit the JRC filed in 1993 against Phillip Campbell, the state commissioner of DDS, accusing him of covering up 2 staff reports that recommended the JRC be certified to use level III aversives. Judge La Staiti condemned Campbell, his assistants, and his state lawyers for being “deliberately untruthful on the witness stand, have expended public funds in order to pursue baseless allegations, have authorized unfounded ethical attacks and launched investigations on court personnel". (71, 72)
1996
1996-The JRC moved from its original location near Providence RI to Canton Massachusetts.
1997
1998
May 1998-Silverio Gonzalez, a 16-year-old resident with paranoid schizophrenia, ADHD, and Tourette’s, who had been taken off his medications by the JRC, jumped out of the back of a bus that was going 50mph on interstate 95. He sustained a severe head injury causing him to die the next day.
Silvio Gonzalez’s mother, Olga Cepeda, filed a lawsuit against a psychologist and two physicians at the JRC. She believes that the decision to terminate his medication was negligent and that the environment and medical care were just shit. (23, C4)
1999
2000
January 31, February 1, 3 & 10, 2000-The FDA conducted an inspection of the JRC as a result of a consumer complaint alleging that the GEDs being used often malfunction. (C38)
February 14, 2000-The FDA sent Matthew Israel a copy of the Establishment Inspection Report (EIR) from the January/February 2000 visit, which INCORRECTLY states that the JRC qualified for exemption from registration of the GED-3a and GED-4. The FDA would not realize this error until 2011.
February 22, 2000 Letter from FDA to JRC stating GEDS are exempt from registration:
2001
2002
2002-Andre McCollins, an autistic student at the JRC, was tied to a gurney, face-down for 7 hours, and shocked 31 times for refusing to take off his jacket. (32, 33, 46) This video obtained by CBS News shows Andre McCollins being shocked at the Judge Rotenberg Center in 2002:
https://www.youtube.com/watch?v=YcxpGKctZMs
2003
2006
January 23-27, 2006-Massachusetts Department of Education’s Program Quality Assurance Services conducted an onsite visit to the Judge Rotenberg Center to make sure that its program was in compliance with state statutes and regulations. The Department of Education found that the JRC did not provide students with essential learning opportunities. Students are made to work on the computer for most of the day, but the facility is unable to explain how their computer software program fits into the school’s curriculum or how it helps students reach state graduation standards.
Follow-up visits occurred on August 2, 10, and 24, 2006. (73)
April & May 2006-The New York Board of Regents, which is responsible for the supervision of all educational activities in the state and presides over the New York State Education Department, conducted a site review on the Judge Rotenberg Center. They conducted interviews, reviewed written material, and made on-site observations. (C5)
June 6, 2006-The New York State Education Department published the NY Board of Regents report from their visit to the JRC. Some of their findings include
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The staff is unqualified to oversee the intensive behavioral programming treatment that takes place. (page 11 C5)
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The JRC’s Contingent Food Program imposes unnecessary risks that negatively affect a person's growth and development. ( page 16 C5)
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the GED is regularly used even when there was no threat of violence or physical injury. ( page 13 C5)
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The GED raises safety and health concerns( page 15 C5) and there’s little evidence that students are faded away from the shock device. (page 23 C5)
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JRC students are forced by staff to exhibit “bad” target behaviors so that aversives can be used. ( page 17 C5)
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The JRC discourages social interactions between students and between staff and students. ( page 24 C5)
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JRC does not support or promote the transition of its students to less restrictive environments. ( page 22 C5)
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JRC students are denied sufficient academic instruction and related services. ( page 20 C5)
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The JRC is not in compliance with the Individuals with Disabilities Act. ( page 19 C5)
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“The privacy and dignity of students is compromised in the course of JRC’s program implementation.” ( page 25 C5)
New York State Education Department Review of Judge Rotenberg Center. 2006:
https://www.documentcloud.org/documents/1379107-2006-nysed-review-of-judge-rotenberg-center.html
August 2, 10, & 24, 2006-Massachusetts Department of Education conducted a follow-up visit to the January 2006 visit. The JRC began to implement group lessons and community outings in the education program but was still unable to provide any explanation on how the outings or the computer program correlated to specific Massachusetts educational standards. (73)
October 2006-The Massachusetts Division of Professional Licensure found out that 14 of the school’s 17 psychologists did not have licenses. The JRC was fined $43,000 and Matthew Isreal was fined $29,600. (21, 47)
2007
March 28, 2007-The Department of Education published a final report. In most areas, the JRC had met the DOE’s requirements. (73)
August 2007-Michelle Rhee, Chancellor of Washington D.C. schools called for an investigation into the Judge Rotenberg center since 10 D.C. residents attend the facility. (52, 54)
December 9, 2007- A congressional bill intended to protect children from restraint and seclusion was introduced to the US House of Representatives by the House Education and Labor Committee. It was called the Preventing Harmful Restraint and Seclusion in Schools Act. H.R. 4247. It wouldn’t be introduced in Congress until December 9, 2009 (52, 58)
Preventing Harmful Restraint and Seclusion in Schools Act. H.R. 4247:
https://www.congress.gov/congressional-report/111th-congress/house-report/417/1
December 2007-JRC staffers received a prank phone call from a person pretending to be a supervisor. The caller had staff wake up 2 residents, ages 16 and 19, restrain their arms and legs, and shock them a total of 106 times-one was given 77 shocks, the other 29. Six staffers participated. The prank caller told the staff the teens had misbehaved. One of the boys was treated for second-degree burns. Israel ordered that the video recording of the torture be destroyed. (34, 35)
December 2007-The Massachusetts Department of Early Education and Care found that staff at the JRC lacked the necessary training and experience, failed to follow policies regarding medical treatment, used poor judgment, physically abused residents, unable to provide a safe environment or care for the well-being of a child, and were generally neglectful. (21, 50)
2008
March 30, 2008-JRC staff member, Ellison Livingstone, 24, from Providence, raped another employee in the bathroom of the JRC. He was arrested on April 1, 2008, and charged with one count of rape and one count of indecent assault and battery on a person over 14. He pled guilty. (30, 51)
July 1, 2008-New York State Education Department met with 3 JRC staff members to discuss their continuous noncompliance with NY state regulations regarding the ‘ban’ on aversive interventions and the requirement that the JRC must get approval from the Department of Education before using aversives on a child. NYSED instructed the JRC on what they have to do to be in compliance. (C8)
July 2, 2008-James P. DeLorenzo from the NY State Department of Education wrote a summary of the July 1, 2008 meeting for the JRC that includes resources for technical assistance. (C8)
July 16, 2008-The JRC responded to James P. DeLorenzo’s July 2nd letter about the July 1st meeting. (C8)
September 2008-In response to the JRC’s July 16th letter NY State Department of Education requested a complete copy of the JRC’s revised policies. (C8)
October 10, & 29, 2008-The JRC responded to NYSED’s September 2008 letter, including a complete list of revised policies and procedures.
NYSED found that the JRC was still not in compliance with NYSED laws and regulations. (C8)
2009
January 2009-The National Disability Rights Network put out a report that found dozens of students suffered injuries and even death from seclusion and restraint. (61)
https://www.ndrn.org/wp-content/uploads/2019/03/SR-Report2009.pdf
March 23, 2009-James P. DeLorenzo from the NY State Department of Education writes the JRC a 17-page letter detailing their continuing noncompliance. (C8)
May 19, 2009-The Government Accountability Office (GAO) (the legislative branch government oversight agency for the U.S Congress) testified before the Committee on Education and Labor concerning the use of seclusion and restraints in public and private schools. The GAO report was requested by Rep. George Miller (Ca) after the National Disability Rights Network put out a report in January 2009 that found dozens of students suffered injuries and even death from seclusion and restraint. (61)
Their findings include:
1. There are no federal laws restricting the use of restraints and seclusion in public or private schools.
2. There are no laws regulating the use of seclusion and restraints on disabled people.
3. In the previous two decades, there have been hundreds of cases of alleged abuse and death from the use of restraints and seclusion.
4. When examining 10 cases of restraint and seclusion that resulted in a criminal conviction, a large financial settlement, or civil or administrative liability, the GAO found that all of them involved a disabled child. In most cases, there was no aggressive behavior and the parents did not give consent for their disabled child to be restrained.
5. The teachers and staff in these cases were not trained on the use of seclusion and restraints and half of them continue to work as educators.
6. There is no website, federal agency, or other entity that keeps track of these methods or abuse allegations.
“Seclusions and Restraints: Selected Cases of Death and Abuse at Public and Private Schools and Treatment Centers” May 19, 2009. United States Government Accountability Office.
Full Version: https://www.gao.gov/assets/gao-09-719t.pdf
Full Text Accessible Version: https://www.gao.gov/assets/a122529.html
Short Version: https://www.gao.gov/products/gao-09-719t
September 2009-Nancy Weiss, co-director of the National Leadership Consortium on Developmental Disabilities, wrote a complaint asserting that the Judge Rotenberg Center violates Title III of the Americans with Disabilities Act, which prohibits discrimination against people because of their disabilities by any government agencies, nonprofit organizations, or private businesses that serve the public. It was signed by 31 disability rights organizations and was sent to the Justice Department, the Department of Education, the Department of Health and Human Services, the Office on Disability, Congress, Amnesty International, Human Rights Watch, and Physicians for Human Rights. (53) https://autisticadvocacy.org/2009/10/call-for-action-to-end-the-judge-rotenberg-center-and-aversives/
December 9, 2009-H.R. 4247, was introduced in Congress, sponsored by George Miller (D-CA), and had 40 cosponsors. The name of the bill was changed from the Preventing Harmful Restraint and Seclusion in Schools Act to the Keeping All Students Safe Act. it was referred to the House Committee on Education and Labor on December 9, 2009, which then referred it to the Subcommittee on Early Childhood, Elementary, and Secondary Education on January 4, 2010.
Preventing Harmful Restraint and Seclusion in Schools Act. H.R. 4247:
https://www.congress.gov/congressional-report/111th-congress/house-report/417/1
Summary: Preventing Harmful Restraint and Seclusion in Schools Act. H.R. 4247:
https://www.congress.gov/bill/111th-congress/house-bill/4247/summary/00
2010
February 2010-In response to Weiss’ letter, the US Department of Justice Civil Rights Division stated that the ADA only applies to state-run institutions, so they might not have jurisdiction over a private facility like the JRC, but they start an investigation anyway. (52, 53, 66)
March 2010- H.R. 4247 passed the House of Representatives but did not pass the Senate. In September 2010, Senators Cris Dodd (Ct-D) and Burr revised bill S.3895 and introduced it. It did not pass the Senate. It had 1 cosponsor.
April 29, 2010-Disability Rights International (formerly called Mental Disability Rights International) filed an urgent appeal with the United Nations Special Rapporteur on Torture to stop the torture and abuse that goes on at the Judge Rotenberg Center. (C32)
2010 Urgent Appeal to the United Nations Special Rapporteur on Torture
Presented by: Disability Rights International:
https://www.driadvocacy.org/wpcontent/uploads/USReportandUrgentAppeal.pdf
May 2010-Manfred Nowak, the United Nations Special Rapporteur on Torture, asked the US federal government to investigate the JRC’s use of electric shocks. (92, 93)
June 2010- Matthew Israel writes a 100-page response to the DRI’s appeal to the UN claiming what the JRC does is not torture. “The MDRI Report is so full of obviously biased and falsified information that it is much too weak a platform to support a serious request to consider JRC’s aversive therapy to be a form of torture. This one-sided account may be welcomed by those who are philosophically and dogmatically opposed to the use of aversives in behavioral treatment.” (page 90 C33)
November 9 to 23, 2010-The FDA conducts an inspection of the JRC and finds that they have significantly changed/modified the GED since the original was cleared in 1994.
1. The GED was only cleared to be used for self-injurious behaviors, but the JRC was also using the device for "severe behavior problems."
2. The GED4’s output was too high and can cause tissue damage and burns.Two new and non-approved stimulus features were added to the GED: one that would shock a student if they tried to remove their arms from arm shackles that are attached to their hips and one that would administer a shock if a student stands up from their chair.
3. The devices did not conform to Current Good Manufacturing Practices (CGMP) requirements. (87, C22)
December 3, 2010-The JRC responds to the FDA but fails to provide any of the evidence or documentation the FDA required. (87, C22)
2011
May 2011-Isreal was forced to resign as director, to avoid prosecution, after being indicted for destruction of evidence (from the 2007 prank call incident). (34, 35, 74)
May 23, 2011- The FDA told the JRC that the GED was incorrectly granted exemption from registration in 2000, the newly modified GEDs (the GED3A and GED4) were in violation of FDA regulations, they had to file a new application for approval, and that the facility was in noncompliance with New York State regulations. The JRC is given 30 days to respond with an explanation of how they addressed or plan to address all of the violations. They also scheduled a meeting at the New England Regional FDA Office on July 13, 2011, to discuss these things. (87, C22, C23)
June 8, 2011-Massachusetts Department of Developmental Services announced its intention to amend its existing behavior modification regulations banning the use of aversive in the state of Massachusetts. (115 CMR 5.14) (C13)
July 20, 2011, & July 22, 2011-Massachusetts Department of Developmental Services held public hearings regarding the banning of aversives. Testimony was given by disability advocacy organizations, human rights organizations, medical professionals, provider organizations, a union that serves families with disabled people, family members of learning-disabled and autistic people, attorneys, and Massachusetts State Senator Brian A. Joyce. (C14) 272 out of 287 written comments were in support of the proposed regulations. Out of the 97 oral comments, 56 opposed the proposed regulations. The only people that were against the regulations were people associated with the JRC. 59 JRC employees, 2 attorneys, 9 family members, and one former student gave testimony in support of the JRC and against the proposed regulations. (C14)
July 21 & September 14, 2011-The JRC requested that the FDA allow them to use the GED3 and GED4 despite not being cleared. The JRC was denied both times because they did not provide any evidence to support the safety or efficacy of the GEDs, documentation describing the output of the device, and any documentation regarding the physical and psychological effects of being restrained to the device’s holster. (C23)
October 14, 2011-The Department of Developmental Service responded to the July testimony by concluding that aversive therapy and punishment should not be used on disabled people with behavioral problems. Evidence shows that positive behavior supports are more effective and do not cause as much pain and anxiety for disabled people. But the Department of Developmental Services refused to ban aversives because they didn’t want to repeat the extensive litigation that had occurred with parents of JRC students who felt painful aversives were the only treatment for their children. JRC students with an existing (as of September 1, 2011) court-approved plan that includes Level III aversives continued to receive aversives as long as the court approved. (C14)
2012
April 2012-The JRC lost the court battle to stop the footage of an autistic student in 2002 being restrained and shocked for 7 hours, and it went viral. (46) https://www.youtube.com/watch?v=YcxpGKctZMs&t=1s
June 18-22, 2012-Massachusetts Department of Elementary and Secondary Education sent a 4-member team to conduct an onsite visit to the JRC to evaluate if they were in compliance with the Board of Elementary and Secondary Education Regulations, the Federal Individuals with Disabilities Education Act regulations, and civil rights provisions. (C34)
June 29, 2012-The FDA sends a second letter to the JRC stating that the GED3A and GED4 are in violation. (87, C24)
June 2012-Juan E. Méndez, the United Nations Special Rapporteur on Torture (2010-2016) called for the US government to investigate the JRC for shocking disabled students (102, 103, 104).
July 17, 2012-Massachusetts Department of Elementary and Secondary Education writes its first draft report. (C34)
August 7, 2012-Massachusetts Department of Elementary and Secondary Education wrote its final report. The JRC was found to be in compliance with the Board of Elementary and Secondary Education Regulations, the Federal Individuals With Disabilities Education Act regulations, and civil rights provisions. (C34)
Private Special Education School Program Review Report of Findings for Judge Rotenberg Education Center (7 August 2012): https://autistichoya.files.wordpress.com/2014/05/mass-doe-2012.pdf
October 3 to 17, 2012-The Judge Rotenberg Center was investigated by the United Nations (105).
December 6, 2012- The FDA sent the JRC another letter stating that the GEDs are in violation of FDA regulations. (87)
December 21, 2012- The JRC responds to the FDA, assuring them that “significant progress continues to be made on the Center’s comprehensive Corrective Action Plan”. (C24)
2013
January 2, 2013-The US government responded to the United Nations Special Rapporteur on Torture and reported that the two versions of GED, the GED3A and GED4, exceed the modifications that were approved by the F.D.A. (105).
January 9, 2013- The JRC met with the FDA. They discussed submitting new notices for new GED devices, how to transition into not using the GED-3 and GED-4he physical and emotional harm that would come from not using the GEDs on people. (C23)
January 15, 2013-The New York State Education Department issued the JRC a corrective action letter stating that the facility can no longer use the GED on students from New York State because the GED-3a and GED-4 have not been cleared by the FDA. (C23)
January 18, 2013-JRC’s lawyer, Michael Flammia, sent a letter to NYSED asserting that the JRC no longer uses or manufactures the FDA-approved GED and that “treatment with the GED devices is federally mandated by the students’ IEPs.” (C23)
February 14, 2013-The Massachusetts Attorney General’s Office filed a motion to vacate the 1987 consent decree. Massachusett’s Governor Deval Patrick asked the courts to vacate the decree after he witnessed the viral video of a JRC student being abused in 2002. If the motion was granted the Bristol County Probate and Family Court will no longer have any control over the case. (77, 78, C11, C12)
March 5, 2013-Chief Judge of the U.S. District Court, Northern District of New York, Gary L. Sharpe, sided with the New York State Education Department and ordered the JRC to stop using the GED3A and the GED4 on NY students within 30 days. (C23)
March 12, 2013-The United Nations Human Rights Council Report of the Special Rapporteur on Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment published a report detailing Mendez’s observations of torture throughout the world and the communications he’s had with the corresponding governments. Page 84 discusses the JRC’s use of skin shocks, which is described as torture (105).
March 12, 2013-New York State Education Department sent the JRC a letter giving them 30 days to stop the use of the GED on New York students because it has not been approved by the FDA (8 NYCRR §200.22(f)(2)(viii)). (C23)
March 27, 2013-the U.S. District Court for the District of Massachusetts ordered all parties involved in the consent decree court case to submit proposed orders for discovery within thirty days. (C15)
2014
A petition was started on Change.org for the FDA to ban the use of shocks on autistic and disabled people. As of July 4, 2024, there are over 396,162 signatures. (33, C25)
April 24, 2014-The Neurological Devices Panel of the Medical Devices Advisory Committee to the Food and Drug Administration held a public hearing about the JRC’s use of electroshocks to decide if the department should ban their use. The FDA heard the opinions of clinical and scientific experts on the risks and benefits of using an electronic simulation device as a means of behavioral modication, specifically to deter or eliminate self injurious and aggressive behavior. Some former residents of the Judge Rotenberg Center also testified about their experiences with the GED. (17, 24, 33, 88)
-FDA Executive Summary prepared for the Neurological Device Panel:
https://autistichoya.files.wordpress.com/2016/04/fda-executive-summary-for-the-april-24-2014-neurologoical-devices-panel.pdf
-Full transcript of Open Public Hearing of the Medical Devices Advisory Committee, Neurological Devices Panel (April 24, 2014)
https://autistichoya.files.wordpress.com/2016/04/fda-neuro04-24-14-final.pdf
April 24, 2014-The ACLU submitted its written statement to the Neurological Devices Panel of the Medical Devices Advisory Committee of the U.S. Food and Drug Administration (FDA). The ACLU stated its vehement support for banning electric shock devices citing the unreasonable and substantial risk of injury, the “substantial deception” in the promotion of the GED, and for violating federal law. (C36)
April 25, 2014-The FDA released the summary of the neurological devices panel meeting. (C26)
November 2014-the Massachusetts Department of Elementary and Secondary Education Quality Assurance team conducted an on-site mid-cycle review of the JRC. (97 C35)
December 4, 2014-The Massachusetts Department of Elementary and Secondary Education published its mid-cycle review report about the JRC stating that the JRC is in compliance with the Department’s regulations, as well as state and federal special education requirements. (97 C35)
https://autistichoya.files.wordpress.com/2016/04/ma-dese-dec-2014.pdf
2015
2016
April 22, 2016-The FDA announced a proposal to ban electrical stimulation devices to protect public health because they present an “unreasonable and substantial risk to public health that cannot be corrected or eliminated through changes to the labeling.”
The FDA believes that positive behavioral support and medication would be more useful in curbing self-injurious or aggressive behaviors.
The FDA considered all available clinical and scientific data, the findings from the 2014 FDA advisory panel, and heard opinions from experts in the field, experts from state agencies and disability rights organizations, JRC students who have experienced the GED, their parents, and people working for the JRC. The ban was not finalized. (C26, C27)
September and October 2016-a 44-day evidentiary hearing regarding the 1987 consent decree was held at Bristol County Probate and Family Court. It wasn't ruled upon until June 20, 2018. (77)
2017
2018
March 9, 2018- Disability activists from all over the country came to DC to occupy a small park near the chairman of the FDA, Scott Gottlieb’s home urging him to finalize the ban of the JRC from using the GED.
It was organized by ADAPT (American Disabled for Attendant Programs Today), a national grass-roots disability rights group that engages in nonviolent direct action and civil disobedience and lasted 12 days. (64, 65)
March 20, 2018-12 protesters occupied the FDA headquarters in Silver Springs Maryland, and were arrested for blocking traffic. (64, 65)
April 23, 2018-The Autistic Self Advocacy Network (ASAN) wrote a letter to the FDA, the Department of Health and Human Services, and the Office of Management and Budget petitioning for the ban of electric shock devices.
It was signed by 240 different organizations.
“ASAN Letter to FDA on Banning Electric Shock Devices” April 23, 2018
https://autisticadvocacy.org/2018/04/asan-letter-to-fda-on-banning-electric-shock-devices/
June 20, 2018-After years of deliberation, Bristol County Probate and Family Court Judge Katherine Field ruled in the JRC’s favor, upholding the 1987 consent decree. She did not believe that the state proved that there was a consensus among professionals that aversives should not be used on disabled people. (77)
July 2018-The Massachusetts Executive Office of Health and Human Services (Marylou Sudders) asked the state Attorney General's Office to appeal the judge’s decision and to vacate the 1987 consent decree. (77)
October 17, 2018-The director of the FDA, Scott Gottlieb, announced his intent to ban all shocks used to treat self-injurious or aggressive behavior because “devices present substantial and unreasonable risks of illness or injury that cannot be corrected or eliminated by labeling or a change in labeling.” (17, 63, 89, C28, C29)
2019
2020
February 10, 2020-Members of the Senate Health, Education, Labor, and Pensions (HELP) Committee, Senator Patty Murray (D-Wa), Senator Murphy (D-Ct), and 6 other democratic senators sent a letter to the FDA commissioner Stephen M Hahn urging him to immediately ban electric shock devices on disabled children and adults.
March 4, 2020 - The FDA announced it is banning the use of “electric stimulation devices” starting in 30 days. They stated that "evidence indicates a number of significant psychological and physical risks are associated with the use of these devices, including worsening of underlying symptoms, depression, anxiety, posttraumatic stress disorder, pain, burns, and tissue damage." The final rule was published on March 6 and was meant to take effect on April 6, 2020. JRC physicians were instructed to make a plan regarding transitioning the students off of the GED by September 2, 2020. (32, 89, C30)
March 27, 2020-The FDA filed a partial stay on the ESD ban that allowed the JRC to continue shocking students already being shocked for not only the duration of the COVID pandemic but until the FDA responds to the JRC’s petition to overturn the ban or the JRC finished litigation.
About 55 out of 300 of the JRC’s students continued to receive electric shocks.(41, 89, C31)
https://autistichoya.files.wordpress.com/2020/04/fda-notice-of-stay-filed-with-court-of-appeals.pdf
2021
August 12, 2021-The Appeals Court added the case to appeal the June 20, 2018 decision ( to uphold the consent decree) to the docket. (C21)
July 6, 2021-The Washington D.C. Circuit Court of Appeals overturned the FDA’s March 2020 decision to ban the GED on the grounds that the FDA didn’t have the authority to interfere with the practice of medicine. (32
https://fingfx.thomsonreuters.com/gfx/legaldocs/jznvnynkwpl/Rotenberg%20opinion.pdf
2022
February 18, 2022-The Department of Developmental Services filed its principal brief (written arguments) and was accepted by the Appeals Court on March 3, 2022.
The JRC’s responsive briefs are due July 5, 2022. (C21)
September 27, 2022-Congressional leadership abandoned a provision that would ban the GED from the FDASLA Act (Food and Drug Administration Safety and Landmark Advancements Act). (99, 100)
2023
September 7, 2023- The Supreme Judicial Court of Massachusetts upholds the 2018 decision from Bristol County Probate and Family Court that allows the Judge Rotenberg Center to continue using the GED on students (101).
2024
March 25, 2024-The FDA proposes a ban on the GED again.
FDA Press Release. March 25, 2024. FDA Proposes New Ban of Electrical Stimulation Devices for Self-Injurious or Aggressive Behavior.
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49. Eric Rosenthal & Laurie Ahern. “When Treatment is Torture: Protecting People with Disabilities Detained in Institutions” 2012. Human Rights Brief. Volume 19. Issue 2. Article 3. https://digitalcommons.wcl.american.edu/cgi/viewcontent.cgi?article=1817&context=hrbrief
50. Cathy Gilbertie Knipper. “Rotenberg staffer arrested for rape” Apr 03, 2008. Norton Mirror.
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51. Jen Quraishi. “School Of Shock Under Federal Investigation” February 24, 2010. Mother Jones.
https://www.motherjones.com/crime-justice/2010/02/school-shock-under-federal-investigation/
52. Lindsay“Justice Department Launches Investigation of JRC” February 27, 2010, Autist’s Corner.
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53. Clara Jeffery. “D.C. Schools Chancellor to Investigate ‘School of Shock’ That Mother Jones Exposed Saying, ‘Its Nuts On Multiple Levels’” August 30, 2007. Mother Jones. https://www.motherjones.com/politics/2007/08/dc-schools-chancellor-investigate-school-shock-mother-jones-exposed-saying-its-nuts-mul/
54. State Senator Brian A. Joyce. OpEd: “A shocking form of therapy”. June 19, 2006. The Boston Globe.
55. Clara Jeffery. “State Officials Respond to Mother Jones’ ‘School of Shock’ Story, Call the Judge Rotenberg Center ‘Inhumane’”August 23, 2007. Mother Jones.
56. “School of Shock Primary Sources” August 20, 2007. Mother Jones.
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57. Jessica Calefati “New Bill to Ban Restraining Students” December 10, 2009. Mother Jones.
58. Dave Reynolds.“New York Mom Sues JRC Over Son's Skin Shocks” July 31, 2006. Inclusion Daily Express. http://www.inclusiondaily.com/archives/06/07/31/073106nymajrc.htm
59. Bob Salsberg. “Suit settled over shock therapy at Mass. school” September 15, 2010. Associated Press.
60. Michelle Diament. “Government Report Confirms Abusive Seclusion, Restraint”
May 19, 2009. Disability Scoop.
https://www.disabilityscoop.com/2009/05/19/gao-report/3288/
61. “ASAN Letter to FDA on Banning Electric Shock Devices” April 23, 2018
https://autisticadvocacy.org/2018/04/asan-letter-to-fda-on-banning-electric-shock-devices/
62. Michelle Diament. “FDA To Finalize Ban On Shock Devices Used On Those With Special Needs”
December 17, 2018. Disability Scoop.
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63. John Zangas “Disability Rights Activists Occupy Park Near FDA Chairman’s Home, Demand End to Electric Shock ‘Torture’” March 14, 2018. DC Media Group.
64. Caroline Petronis. “#StopTheShock- The Judge Rotenburg Center Protest Mar 9 2018 to Mar 20 2018” Web Exhibit. Duke Trinity College of Arts and Sciences. Retrieved September 1, 2022.
https://socialmovements.trinity.duke.edu/actions/stoptheshock-judge-rotenburg-center-protest
65. Jenifer McKim. “FDA Misses Its Deadline To Ban Shocks At Canton School For Students With Disabilities” January 3, 2020. WGBH Boston. NPR.
66. Mitchell Zuckoff. “Settlement Reached In Autism Treatment Dispute”
December 12, 1986. Associated Press.
https://apnews.com/article/b4604b1185ea36cb7f8b8f6efa8032a3
67. Lydia X.Z. Brown “Court Hearing on JRC - October 26” October 13, 2015
https://www.autistichoya.com/2015/10/court-hearing-on-jrc-october-26.html
68. Jan Nisbet, contributions by Nancy R. Weiss. “The Shocking School” December 22, 2021. Boston Review.
https://bostonreview.net/articles/the-shocking-school/
69. Senator Brian A Joyce. Press Release. “Sen. Joyce Applauds Gov.’s Efforts to Stop Abuse at JRC Commonwealth files motion to vacate court order allowing the use of shock treatment on disabled children” February 15, 2013.
70. Christopher B. Daly. “School For Autistic Wins War’ with Massachusetts” October 11, 1995. Washington Post.
71. “State Settles Lawsuit in Case of Center Using Shock Treatment” Dec 23, 1997. The Associated Press. https://www.southcoasttoday.com/story/news/state/1997/12/24/state-settles-lawsuit-in-case/50578191007/
72. Massachusetts Department of Education. “Judge Rotenberg Educational Center Program Review Report” March 28, 2007.
73. Massachusetts Attorney General Press Release. “Director of Judge Rotenberg Educational Center Indicted in Connection with Destroying Evidence in a Criminal Investigation” May 25, 2011.
74. No Writer Attributed. “Massachusetts to Hold Hearings on Regulations to Ban Aversive Therapy” July 18, 2011. TASH.org
https://tash.org/massachusetts-to-hold-hearings-on-regulations-to-ban-aversive-therapy/
75. How Courts Work: Steps In a Trial: Discovery. November 28, 2021. Retrieved November 8, 2022. https://www.americanbar.org/groups/public_education/resources/law_related_education_network/how_courts_work/discovery/
76. Chris Triunfo.“State To Appeal Decision to Allow Shock Therapy” July 24 2018. The Patriot Ledger.
77. “Gov. Patrick files motion against shock therapy” February 16, 2013. Boston 25 News.
https://www.boston25news.com/news/gov-patrick-files-motion-against-shock-therapy/139694943/
78. Max Larkin.“To Stop Canton School From Using 'Aversives' -Like Skin Shocks- Mass. AG Appeals Ruling” July 24, 2018. Updated August 07, 2018. WBUR.org.
https://www.wbur.org/news/2018/07/24/canton-school-aversives
79. Heather Morrison.“‘It is not too late’:Advocates Encourage Lawmakers to Act on Bill Banning Electric Shock, Used at Judge Rotenberg Center in Canton” Jun. 09, 2022. Masslive.com
80. Katie Hinman and Kimberly Brown. "UN Calls Shock Treatment at Mass. School 'Torture'" June 29, 2010. ABC News.
https://abcnews.go.com/Nightline/shock-therapy-massachussetts-school/story?id=11047334
81. Walden Two Summary Analysis. Retrieved Sept. 2022. https://www.sparknotes.com/lit/walden2/section14/
82. Richard F Rakos.Review of Living Walden Two: B. F. Skinner's Behaviorist Utopia and Experimental Communities. Spring 2006.
https://www.ncbi.nlm.nih.gov/pmc/articles/PMC2223170/
83. Shain Neumeier, J.D.“Inhumane Beyond All Reason:The Torture of Autistics and Other People with Disabilities at the Judge Rotenberg Center”
84, 1973 Behavior Research Institute listing by the Education Resources Information Center.
https://archive.org/details/ERIC_ED107012/page/n351/mode/2up?view=theater
85. Infographic by Cascades Islwyn (2015)
https://autistichoya.net/judge-rotenberg-center/#infographic
86. Julie M. Donnelly. “FDA warns Judge Rotenberg Center over shock devices” December 12, 2012. Boston Bussiness Journal. https://www.bizjournals.com/boston/news/2012/12/12/fda-warns-judge-rotenberg-center-over.html
87. L.A.M.”The FDA Hearing and the Judge Rotenberg Center: What You Should Know” April 25, 2014. LAMontheLAM.wordpress.com (blog).
88. Lydia X.Z. Brown Judge Rotenberg Center Brief Background. https://autistichoya.net/judge-rotenberg-center/#background
89. Lisa Gentes-Hunt. “Senate Adopts Senator Joyce's Amendment Banning the Use of Aversives, Such As Electric Shocks” May 27, 2011. Patch. https://patch.com/massachusetts/canton/an--senate-adopts-senator-joyces-amendment-banning-th86feec6355
90. “Disability Rights International Alleges Torture Against Children and Adults with Disabilities in the United States” April 29, 2010. Disability Rights International
https://www.driadvocacy.org/torture-against-disabled-in-us/
91. “The United Nations calls again for investigation of JRC’s shock treatments” Disability Rights International. June 5, 2022. Disability Rights International.
92. Staff writer. “UN official calls Rotenberg Center shock treatment torture” July 1, 2010. WickedLocal.com.
93. Ed Pilkington. “UN calls for investigation of US school's shock treatments of autistic children” June 2, 2012. The Guardian.
94. Matt Perkins “UN Calls on Obama Administration to Take Action Against 'Torture' at JRC” March 6, 2013. Patch Media.
95. Admin“U.S. Department of Justice opens investigation on Judge Rotenberg Center” February 23, 2010. Left Brain/Right Brain. (Autism News and Opinion)
96. Jennifer Gonnerman “Why Can’t Massachusetts Shut Matthew Israel Down?” August 20, 2007. Mother Jones. https://www.motherjones.com/politics/2007/08/why-cant-massachusetts-shut-matthew-israel-down/
97. Ganesh Setty. “Federal Appeals Court Vacates Rule Banning Electric Shock Devices to Treat Self-Harming Behavior” July 16, 2021. CNN.com
https://www.cnn.com/2021/07/16/health/judge-rotenberg-center-appeals-court-ruling
98. Ganesh Setty. “Federal Appeals Court Vacates Rule Banning Electric Shock Devices to Treat Self-Harming Behavior” July 16, 2021. CNN.com
https://www.cnn.com/2021/07/16/health/judge-rotenberg-center-appeals-court-ruling
99.“Senate Fails to #StopTheShock” September 28, 2022. Autistic Self Advocacy Network (ASAN).
https://autisticadvocacy.org/2022/09/senate-fails-to-stoptheshock/
100. "What’s happening at the Judge Rotenberg Center?” retrieved 12/05/2022. Autistic Self Advocacy Network (ASAN).
https://autisticadvocacy.org/stoptheshock/
101. Brendan Pierson “Massachusetts top court allows electric shock therapy for disabled patients” September 7, 2023. Reuters.
https://www.reuters.com/legal/massachusetts-top-court-allows-electric-shock-therapy-disabled-patients-2023-09-07/
102. “The United Nations calls again for investigation of JRC’s shock treatments” Disability Rights International. June 5, 2012. Disability Rights International. https://www.driadvocacy.org/the-united-nations-calls-again-for-investigation-of-jrcs-shock-treatments/
103. 2012 Ed Pilkington. “UN calls for investigation of US school's shock treatments of autistic children” June 2, 2012. The Guardian. https://www.theguardian.com/society/2012/jun/02/un-investigation-shock-treatments-autism?newsfeed=true
104. Juan Mendez, former Special rapporteur (2010-2016). United Nationshttps://www.ohchr.org/en/special-procedures/sr-torture/juan-mendez-former-special-rapporteur-2010-2016
105. United Nations Human Rights Council Report of the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, Juan E. Méndez. March 12, 2013.
Court Documents and Official Letters
(C1) New York State Report on the Behavior Research Institute. 1979
Photocopy of original. (not text accessible): https://autistichoya.files.wordpress.com/2016/04/1979_nysomrdd_investigation.pdf
(C2) California investigation into Behavior Research Institute. 1982
Photocopy of original. (not text accessible): https://www.documentcloud.org/documents/1282840-ca-investigation-1982.html
(C3) Settlement Agreement between Massachusetts Office of Children and the BRI. December 12, 1986.
Photocopy of original. (not text accessible): https://autistichoya.files.wordpress.com/2016/04/jrc_settlement_agreement.pdf
(C4) Cepeda V. Kass (Olga Cepeda’s lawsuit against Matthew Israel) https://caselaw.findlaw.com/ma-court-of-appeals/1336665.html
(C5)New York State Education Department Review of Judge Rotenberg Center. 2006 https://www.documentcloud.org/documents/1379107-2006-nysed-review-of-judge-rotenberg-center.html
(C6) Evelyn Nicholson’s complaint against Freeport Union Free School District and the Judge Rotenberg Educational Center. July 19, 2006. https://autistichoya.files.wordpress.com/2016/04/2006_a.twone_nicholson_lawsuit-1.pdf
(C7) Evelyn Nicholson’s lawsuit against the school district. June 8, 2010. Decision from Appellate Division:
https://autistichoya.files.wordpress.com/2016/04/nicholson-v-freeport-union-school-district.pdf
(C8) Letter on JRC noncompliance with NYSED regulations, giving 30 day notice to respond. March 23, 2009. NY State Education Department. Office of Vocational and Educational Services For Individuals With Disabilities.
https://autistichoya.files.wordpress.com/2016/04/2009-nysed-letter-to-jrc-30-day-notice.pdf
(C9) The Judge Rotenberg Educational Center, Inc., & others vs. Commissioner of The Department Of Mental Retardation. 424 Mass. 430. November 5, 1996 - March 13, 1997. Bristol County. http://masscases.com/cases/sjc/424/424mass430.html
(C10) Commonwealth of Massachusetts Supreme Judicial Court. Docket No. 86E-0018-GI. May 19, 2022. Joint Application for Direct Appellate Review. Judge Rotenberg Center et al., Plaintiffs-Appellees, v. the Commissioner of Department of Developmental Services, et al., Defendant-Appellant. (Vacating 1987 settlement agreement)
(C11)Commissioner of the Department of Developmental Services and the Department of Early Education and Care Motion to Vacate the 1987 Consent Decree. February 14, 2013.
https://autistichoya.files.wordpress.com/2016/04/mtn-to-vacate-consent-decree.pdf
(C12) Commissioner of the Department of Developmental Services and the Department of Early Education and Care Memorandum of Law in Support of Motion to Vacate 1987 Consent Decree. February 14, 2013.
(C13) “DDS Notice of Public Hearing and Opportunity for Public Comment”. June 8, 2011. Department of Developmental Services Public Meetings & Legislative Reports. https://www.mass.gov/service-details/dds-notice-of-public-hearing-and-opportunity-for-public-comment
(C14) Department of Developmental Services Response to Testimony and Written Comments to Proposed Amendments to Behavior Modification Regulations. October 14, 2011.
PDF:https://autistichoya.files.wordpress.com/2016/04/reg-115cmr514-comments.pdf
(C15) Memorandum in Support of Plaintiff's Proposed Order for Discovery (April 26, 2013) Judge Rotenberg Educational Center v. Commissioners of the Department of Developmental Services and the Department of Early Education and Care ( U.S. District Court for the District of Massachusetts). https://clearinghouse.net/doc/73304/
(C16) February 7, 2013-Affadavit of Gary W. Lavigna. Judge Rotenberg Educational Center v. Commissioners of the Department of Developmental Services and the Department of Early Education and Care ( U.S. District Court for the District of Massachusetts).
https://clearinghouse.net/doc/51739/
(C17) JRC and Janine Casoria et al. v Phillip Campbell
Reply Brief of the Individual Students, Intervenor - Appellants
Behavior Research Institute v. Campbell (Massachusetts state supreme court)
https://clearinghouse.net/doc/51723/
(C18) Brief of the Individual Students, Intervenors - Appellants
Behavior Research Institute v. Campbell (Massachusetts state supreme court)
https://clearinghouse.net/doc/51725/
(C19) Revised Reply Brief. Behavior Research Institute v. Director, Office For Children (Massachusetts state supreme court)
https://clearinghouse.net/doc/51729/
(C20) Brief for Appellant. Behavior Research Institute v. Director Office for Children (Massachusetts state supreme court)
https://clearinghouse.net/doc/51715/
(C21)JRC v DDS. Joint Application For Direct Appellate Review. May 19, 2022
(C22)May 23, 2011 Letter from to FDA to the JRC regarding GED3A and GED4
https://autistichoya.files.wordpress.com/2016/05/fda-to-jrc-23-may-2011.pdf
(C23)March 12, 2012 letter from the FDA to JRC.
(C24)December 21, 2012 Letter from the JRC to the FDA
https://autistichoya.files.wordpress.com/2016/05/2016-266-enclosure.pdf
(C25) 2014 Change.org Petition“Please ban torturous shock devices used on special needs people” https://www.change.org/p/ban-shock-devices-used-on-special-needs-people?signed=true
(C26) FDA announcement of proposal to ban ESDs April 25, 2016 https://autistichoya.files.wordpress.com/2016/04/fda-announcement-25-apr-2016.pdf
(C27) FDA news release announcement of the proposal to ban ESD’s. April 22, 2016.
(C28) FDA’s Final Ban on Electrical Stimulation Devices Used for Self-Injurious and Aggressive Behavior. October 17, 2018. https://www.reginfo.gov/public/do/eAgendaViewRule?pubId=201810&RIN=0910-AI22
(C29) Scott Gottlieb (FDA Commissioner) Fall 2018 Unified Agenda: FDA's New Regulatory Work to Advance Health and Safety. October 17, 2018.
(C30)FDA Ruling: Banned Devices; Electrical Stimulation Devices for Self-Injurious or Aggressive Behavior. March 6, 2020. Federal Register
(C31) FDA v JRC. Notice of Stay filed with the Court of Appeals.March 27, 2020.
https://autistichoya.files.wordpress.com/2020/04/fda-notice-of-stay-filed-with-court-of-appeals.pdf
(C32)2010 Urgent Appeal to the United Nations Special Rapporteur on Torture
Presented by: Mental Disability Rights International
https://www.driadvocacy.org/wp-content/uploads/USReportandUrgentAppeal.pdf
(C33) Matthew Israel/JRC’s Response to the MDRI’s appeal to the UN. ”Behavioral Skin Shock Saves Individuals With Severe Behavior Disorders From a Life Of Seclusion, Restraint and/or Warehousing as Well as The Ravages of Psychotropic Medication: Reply To The Mdri Appeal To The U.N. Special Rapporteur On Torture” June 2010.
https://abcnews.go.com/images/Nightline/HT_MDRIReportResponse_2_100630.pdf
(C34) Private Special Education School Program Review Report of Findings for Judge Rotenberg Education Center (7 August 2012)
https://autistichoya.files.wordpress.com/2014/05/mass-doe-2012.pdf
(C35) Mid-cycle Review and Verification of previous Program Review Corrective Action Plan (4 December 2014)
https://autistichoya.files.wordpress.com/2016/04/ma-dese-dec-2014.pdf
(C36) Written Statement of the American Civil Liberties Union that was submitted to the
For a Hearing on “The Safety and Effectiveness of Averse Conditioning Devices” Neurological Devices Panel of the Medical Devices Advisory Committee of the U.S. Food and Drug Administration (FDA). April 24, 2014.
(C37) National Council on Disability (NCD) “Letter to DOJ Disability Rights Section Chief Allison Nichol on the Judge Rotenberg Center Investigation” April 12, 2012.
https://ncd.gov/publications/2012/DOJApril132012
(C38) February 22, 2000 Letter from FDA to JRC stating GEDS are exempt from registration.
(C39)February 10, 2020 The Senate Health, Education, Labor, and Pensions (HELP) Committee letter to FDA commissioner