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On March 12, 2026, the Office of Childhood received allegations that when Child A (6-years-old), was screaming and kicking staff Colleen Brice, Colleen tried to physically remove Child A from the gym and pushed Child A on the shoulder causing herself to fall back. After completing an investigation, Compliance Inspector (CI) Jackie Ruth found these allegations to be substantiated based on the following rule violations:
5 CSR 25-500.182(1)(C)2. which states, "Expectations for a child's behavior shall be appropriate for the developmental level of that child."
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5 CSR 25-500.182(1)(C)8. which states, "No discipline technique which is humiliating, threatening, or frightening to children shall be used. Children shall not be shamed, ridiculed, or spoken to harshly, abusively, or with profanity."
On March 16, 2026, CI Ruth conducted an unannounced inspection of the facility and held in-person interviews with the staff member in charge, Giovanne Okumu, Child B (5-years-old), Child C (8-years-old) and Child D (10-years-old), and Progress South Elementary (PSE) principal, Riley Williams, and assistant principal, Sharon Scearce.
Giovanne stated that the incident with Colleen and Child A happened when they were getting ready for dismissal, around 8:00 a.m. Child A was having trouble putting stuff in her bag and Colleen tried helping her. Child A screamed at Colleen that she wasn't helping her and then she started hitting and kicking Colleen. Child A kept hitting Colleen, so she walked away to call Parent A (parent of Child A). Child A kept chasing Colleen and she tripped over Child A. He did not see Colleen hit or push Child A and he is unsure if Child A was hurt. Some teachers from Progress South Elementary (PSE) heard and came to help.
Child B said that he knows Child A but they are not friends, and he does not know who Colleen is. He saw Child A and a teacher fight, but he does not know what happened and did not hear anything.
Child C said that he knows Colleen, he likes her, and she is nice to Child A. When Child A gets mad, she yells and Colleen stays calm. Child A was yelling at Colleen and kicking because she was trying to sort Magna-Tiles and his sister had more than Child A and that made Child A upset. Colleen called home and he didn't see anything else. Colleen started reading books with Child A after that.
Child D said that Child A is nice, and they have played together before. She likes Colleen and said she is creative. She did not see what happened, but her friend just told her about it. She does not think that Colleen and Child A get along.
Riley stated that Sharon was called to help with the situation around 8:05 a.m. Colleen told Sharon that she might want to take Child A to the nurse because she might be injured because they fell. Parent A called PSE and talked to Sharon after speaking to someone at the Y-club who told her that Child A was kicking a Y-club staff member and PSE staff had to step in and manhandle Child A by pulling Child A off them. She stated that no staff from PSE school put their hands on Child A. She watched the camera footage and saw that Colleen shoved or pushed Child A out of the room and into the hallway. Colleen also yanked her foot when Child A was kicking. When Sharon stepped in, she guided Child A away from the middle of the hall, and helped her calm down. There are blind spots in the hallways and when Colleen and Child A went into the hall, they were out of view of the cameras. She called the director of the Y-club, Lakesha Nelson, and told her that what she saw in the video was concerning and that it looked like Colleen pushed Child A. Two staff members of the elementary school wrote statements, and she is concerned about Colleen being back on the premises. She stated that Child A has an IEP and a behavioral intervention plan that the Y-club should have a copy of and follow.
Sharon stated that Parent A called her that afternoon and said she wanted to talk about the situation with Child A and the Y-club because what she was told did not sound like Child A or the school. Parent A told her that the Y-club staff told her that Child A had to be forcibly removed from Colleen and the situation. She told Parent A that is not what happened. Sharon said she was outside monitoring students as they arrived to school, and she heard Child A screaming. She was staying out of it at first because Child A was in the YMCA program at that time and the school day had not yet started. Another staff member of the school, Ms. Vanderkraats, called her on the walkie-talkie to help with the situation. She came inside as the bell rang, and Child A was sitting on the ground. Child A stood up and tried to run after Colleen, so she put herself in between them. Because the bell just rang, there were about to be a lot of kids in the hallway, so she crowded Child A by the wall and had her body in front of Child A to block her from kicking Colleen and to keep her shielded from other students in the hall. She said she was keeping Child A separate but not holding her there. Colleen left the situation at that point but came back over and tried to talk, but it was not helpful. Her and another teacher were able to calm Child A down. Colleen told her that Child A should see the nurse because they fell and she may have fallen on top of Child A. Child A said she fell on her bottom and did not want to go to the nurse.
On March 16, 2026, CI Jackie observed two "unacceptable behavior notification" reports in Child A"s file. The first was written on March 2 (no year listed) and describes Child A screaming over magnetic tiles, kicking, scratching, and a phone call to Parent A. The report does not say who wrote it or name the caregiver(s) present. The report says the parent was notified on March 2 (no year listed) at 7:07. The report is signed by Parent A on March 4, 2026.
The second report was written on March 11, 2026, and describes a staff member trying to help Child A with her backpack but Child A began screaming and kicking. It states, "I tried to move away from all the other kids and she was following me kicking me. This caused me to trip over her in the hallway." The report does not say who wrote it or name the caregiver(s) present. The report does not indicate that a parent was notified, and it is not signed by anyone.
On March 16, 2026, CI Jackie Ruth observed two videos of the incident from two different angles. The footage came from the cameras at PSE. Both videos are timestamped on March 11, 2026.
The first video begins at 8:04:06 and ends at 8:05:22. There is no audio and the interaction between Child A and Colleen Brice is in the top right of the video. Colleen is observed standing and is wearing a blue shirt. Child A is observed to be sitting on the floor putting things in her backpack. Colleen is observed to bend down to Child A, pick something up and immediately drop it. Staff member, Geovanne Okumu walked over and stood behind Child A. Child A then picked something up and held it up to Colleen before she dropped it. Colleen is observed bending down and speaking to Child A before standing upright. Child A is observed to kick toward Colleen who bends down again and appears to touch Child A's legs before standing upright. Geovanne walked away. Colleen is observed to bend down to Child A again, grab her legs and appears to push and roll Child A's body to the side. Colleen backs away and then Child A is observed to get up and walk toward Colleen and kick toward her. Colleen is observed putting her hands out toward Child A's chest and walks forward swiftly, pushing Child A with her hand, backward, and out of the gym where they leave the view of the camera.
The second video begins at 8:04:12 and ends at 8:06:02. This video is from a different angle and clearer than the first video. There is audio in this footage and CI Ruth can hear Child A scream, along with a mixture of other voices and noises. Colleen is observed standing and is wearing a blue shirt. Child A is observed to be sitting on the floor putting things in her backpack. Child A screamed loudly twice. Colleen walked over to her and picked up Child A's jacket and immediately dropped in back down next to Child A, who sat with her arms wrapped around her knees. Staff member, Geovanne Okumu, walked over and stood behind Child A. Child A picked up her jacket and tossed it down to the floor. Colleen is observed to bend down and speak to Child A. As Colleen stood upright, Child A kicked toward her. Colleen bent down again and pointed her finger in Child A's face. Child A kicked and Colleen grabbed Child A's legs and held them for approximately two seconds before letting go and standing upright. Geovanne walked away as Child A kicked again at Colleen. Colleen bends down and grabs Child A's legs, but the interaction is unclear as Geovanne walked in front of them, blocking the camera's view. Colleen stood upright and backed up as Child A got up and walked toward her. Colleen is observed to reach her hands toward Child A's chest/shoulder area and grab Child A's hand as Child A kicked toward her. Colleen walked forward and Child A turned slightly as she is pushed by Colleen through a crowd of children in the gym doorway and they exited into the hall. Child A's view became blocked by Colleen's body and CI Ruth observed her view disappear as they reportedly fell into the hallway. Colleen and Child A can no longer be seen once they enter the hall. Child A can be heard screaming from the hallway and several other children gathered at the doorway and looked into the hall. Geovanne is observed standing in the gym at a table with a different group of children. The bell rang at 8:05:38 and the children remaining in the gym exit as Child A continued to scream. Geovanne slowly walked toward the gym doors and a staff member from PSE appears in the view of the hall and ushers children to walk by.
On March 16, 2026, CI Ruth observed two statements written by PSE staff members, Robin VanderKraats and Sharon Scearce. Robin's statement says that she heard Child A screaming and Colleen yelling at her to stop. She looked and saw Child A on her back, kicking Colleen in the legs. Child A then got up and went to kick her again. Colleen grabbed Child A's hands to stop her from kicking her. She is not sure who was pushing or pulling but they ended up in the hallway. Child A fell backwards, and Colleen fell as well, almost on top of Child A. At that point she saw Sharon right outside and radioed for her to come in. Sharon had to get in between Child A and Colleen because Child A tried to kick her again when they both got up. She told another staff member that they might need to help before she walked away.
Sharon's statement says that at about 8:04 a.m., Robin Vanderkraats called her to the gym/cafe, where Child A was on the floor, but stood up and tried to run after Colleen, leading her to block Child A and crowd her toward the wall as the bell rang. Child A kicked her several times before she and another teacher guided Child A back into the cafe/gym. Child A was saying she needed help with her backpack, and she and the other teacher tried to help. Colleen reported that she and Child A had fallen on each other. When she asked Child A if she was hurt, Child A said she fell on her bottom but did not need the nurse.
On March 16, 2026, CI Ruth conducted interviews via phone with Lakesha Nelson and Parent A. Lakesha stated that Colleen told her she fell and that Child A was kicking her. She put in an order for workers' compensation and called Parent A to let her know about the situation. She told Parent A that Child A needed to take a couple days off from the program as a result of being physical with Colleen. Staff at PSE said they watched the video and told her it looked like Colleen pushed Child A. She suspended Colleen pending an investigation of the incident. She talked with Colleen after the school principal told her what she saw on the cameras and Colleen said she does not remember pushing Child A and there was a lot going on. Colleen said that Child A was kicking her but she does not remember putting her hands on Child A. Colleen told her she fell because Child A was kicking her and she tripped, and after she fell to the ground, Child A kept kicking her. After she spoke with the school principal, she called Parent A and updated her, telling her it was reported that Colleen may have pushed Child A. She has not had previous concerns about Colleen and there has never been an incident involving her becoming aggressive with a child. Colleen has worked for them since January 30, 2025 and there have been no reported concerns. Child A is an adaptive support student who has an IEP and 504 plan, but she is unaware of a behavioral plan for Child A.
Parent A stated that she was first told about the incident by Lakesha, as it was reported to her by Colleen. She was told that Child A was dysregulated and kicking Colleen until she fell and then continued to kick her until Child A had to be forcibly removed by a member of the PSE staff. Parent A called PSE and informed them of what she was told by Lakesha at the YMCA. Sharon Scearce told her that she saw Child A in the hallway crying, so she provided support and they were able to get Child A calm and they walked to class. Sharon said no one forcibly removed Child A, and she would have called Parent A if anything like this happened. Sharon watched the video footage and said there is a discrepancy between what Parent A was told by the YMCA and what she was told by PSE. Lakesha called her later and updated her that the school principal watched the footage and said it looked like there was inappropriate contact between Colleen and Child A, and Colleen may have pushed Child A out of the gym. Child A is diagnosed with autism, ADHD, and anxiety, and is supposed to receive support in the form of a paraprofessional from the Y-club. This support has been lacking and the staff always tell her they do not have a copy of the IEP or behavioral plan, despite Parent A providing hard copies to the staff at the program, and sending a copy via email to Lakesha. She does not believe the staff have followed Child A's behavioral plan within the IEP. Child A told her she became frustrated while trying to fit her coat into her backpack, yelled, declined Colleen's offer of help, and then kicked Colleen multiple times. She reported that Colleen became very mad, repeatedly yanked her arm to move her, fell while still holding her arm and brought Child A down too. Child A said that her arm hurt in the moment and she hit her knee on the floor or wall. Parent A has not noticed any marks or injuries and Child A has not complained of ongoing pain. Parent A said that Child A and Colleen have not had the best relationship, and Colleen has told Parent A that Child A is high maintenance. There have been other reports of incidents involving Child A, and Parent A said that what was reported to her and what Child A told her did not exactly line up, so she wonders if something like this has happened before with Colleen. Some of her biggest concerns are that the Y-club staff are not properly trained, there is a lack of communication, and that they advertise for inclusivity and care for children with special needs, but Child A has not received what was promised. She declined for Child A to be interviewed.
On March 18, 2026, CI Ruth conducted an interview via phone with Geovanne Okumu and Colleen Brice. Geovanne stated that Child A has an IEP, and they do have a copy. Child A does not have a separate behavior plan, but Parent A told them there are some strategies for behavior within the IEP. Child A is supposed to have a one-on-one teacher with her, but has not had a support teacher for about one or two months. He feels like when they have a one-on-one teacher available for Child A, then they can successfully meet her needs in the program, but when they do not have an extra teacher for Child A, then it is harder to meet her needs while maintaining ratio and supporting the other kids.
Colleen stated that she was in the doorway with the kindergartners and first graders waiting for dismissal, and Child A was sitting on the floor by the wall and backpacks when she let out a blood-curdling scream while trying to put a jacket and other items into her backpack. She walked over to ask if Child A needed help, but when Child A yelled "no," she dropped the items. Child A then said something like "you're supposed to help me", sat with her hands behind her, and began kicking her as she backed away and told Child A "we don't kick at Y-club." She does not recall grabbing Child A's legs and only remembers backing up, thinking she needed to move Child A to the hallway, but not remembering how Child A got there. As they went into the hall she tripped and fell, and then noticed Child A was also on the ground. Child A continued kicking until a principal intervened. After walking away to write an incident report, the principal brought Child A in, and she told them she might have tripped over Child A and suggested having her checked by the nurse. She attempted to call Parent A, but couldn't find her phone with service. She sent a photo of the report to Lakesha with her other phone, and then saw a nurse for her own leg and wrist pain. She does not know if Child A was injured. She has never seen Child A's behavioral plan or IEP. She said that Child A has lacked her one-on-one teacher for three to four weeks, and said Child A has kicked her before during an issue with Magna-Tiles, which Parent A helped de-escalate over the phone before coming to pick up Child A.
On March 18, 2026, CI Ruth observed a photo of the top page of Child A's IEP. The photo was sent via email by Geovanne, who stated that the IEP is kept in a binder, in their closet, at the facility for easy access.
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