The Herald, Sharon, PA Published Thursday, Nov. 15, 2001

HERMITAGE

Charges held against special-ed teacher

By Sherris Moreira-Byers
Herald Staff Writer

Charges against a longtime Hermitage special education teacher accused of failing to give prescribed medication to a student were held for court Wednesday.

District Justice Henry J. Russo, Hermitage, held for Mercer County Common Pleas Court two counts each of theft, reckless endangerment, endangering welfare of children and acquisition by misrepresentation against Marganie "Gayne" Bortz, 53, of 49 Rexford Drive, Hermitage.

She and her husband, Larry, a retired Hermitage teacher of children with learning disabilities, are well-known locally for their work with special needs children. They received the Shenango Valley Foundation's Humanitarian Award in 1998 and are the driving force behind the Committee for Children with Special Needs.

Mrs. Bortz agreed Wednesday at her preliminary hearing that if testimony were offered, police would be able to show that a crime occurred and she might have been involved. She was released on her own recognizance.

A teacher of multi-handicapped students, Mrs. Bortz regularly administered medication to students, police said. The eight charges against her revolve around whether she gave a 17-year-old mentally and physically handicapped student his medication on Oct. 2 and 3.

Assistant District Attorney Robert Kochems said he doesn't foresee her arraignment in common pleas court before January.

According to police, Mrs. Bortz, who is represented by Sharon lawyer Joseph Valentino, did not administer the pill, Ativan, to the student, who cannot talk and needs constant assistance.

The medication was prescribed by the boy's doctor to prevent seizures and treat other complications.

The student is supposed to receive Ativan three times a day, including once at about 11:30 a.m. -- during school hours -- from Mrs. Bortz, police said.

Two teacher aides, Anne Emrick and Diane Darby, told police they suspected since the beginning of the school year that Mrs. Bortz had not been giving the student his pills, police said.

On Sept. 27, after school nurse Diane Vermeire had been informed of the aides' suspicions, she informed Mrs. Bortz that she would take over giving the student his pills, police said.

On Oct. 2, the pill was missing from the tray where the nurse puts medication every morning, and Mrs. Bortz told her she had given the pill to the student, police said.

But Mrs. Bortz told her aides that day that she did not get the pill, and they said they did not see Mrs. Bortz or Mrs. Vermeire administer the medication to the student that day, police said.

On Oct. 3, substitute nurse Carol Gallagher took the pill to the student's classroom and Mrs. Bortz took it and put it in her pocket, police said.

Ms. Darby asked Mrs. Bortz if she was going to give the student his pill and Mrs. Bortz put her palm up to the student's mouth and walked away, police said.

Neither aide saw the student with the pill in his mouth or swallow it, and the student went into a short seizure, police said.

School officials were informed, and Superintendent Karen Ionta saw Mrs. Bortz throw something away as she left a meeting with officials, police said.

A custodian, at Ms. Ionta's instruction, found the pill in the garbage but was told by Mrs. Bortz to put it in an envelope and leave it in her desk, police said.

On Oct. 4, Ms. Ionta got the pill from Mrs. Bortz' desk, police said.

Mrs. Bortz later told police that she wanted to keep the pill for emergencies.

She also told police she kept the pill because she was "taking too much of her own Ativan, family problems and concerns."

School solicitor Donald R. McKay of Hermitage said that by mutual agreement, Mrs. Bortz is using her earned sick days as medical leave until further action is taken, but he would not say how long she worked for the district just that it was "long-term."

Mrs. Ionta has refused to comment on Mrs. Bortz's status and did not return a message Wednesday.



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