you heard me say from day one there are no excuses, they can all do it. >> reporter: across the state of maryland, students did better on the assessment tests. scores in reading and math are up 25% since 2008 with more than 80% proficient. middle schoolers showed improvement and math scores are up. one in three students are not pro-- proficient. are you satisfied with that? >> of course i'm not i want 100% every subject area. but i'm saying that we're making some progress toward higher achievement. there are problems with the middle school. >> reporter: 158 schools are identified as needing improvement and better than last year it has the most with a handful of schools in surrounding counties failing in one category. >> the biggest issue we have is ensuring that all of our students with the disabilities are meeting the standard. >> the superintendent is

pleased she was defending the testing process to a few sceptical members of the board of education. what does it mean when we that our children are proficient when all we're trying to -- trying to do is meet a target for no child left behind. >> reporter: for the first time since the system went into place in the 1990s. schools are off the corrective action list. that's good news for the school system and the u.s. secretary of education was talking about that. we'll have more coming up at 6:00. live, adam may, wjz news. kai. >> thank you. remember we're always on. see where your child's school ranks go. to www.wjz.com, slick on this story. disturbing allegations against a nanny. vic is live with what she is accused of doing. >> reporter: the nanny is accused of showing porn to children in her care. the 22-year-old showed pornographic web sites to the

children. and according to officials she asked them to pose nude in front of a camera. the children say they hid in the bathroom to avoid her. >> thank you. she is charged with child abuse and being held on $350,000 bond. and outrage from a pair of mothers who say their sonnings were wrong to steal but the children should not have been cuffed and locked up for hours in a cell. susan collins explained the police are defending their actions tonight. >> reporter: it was an experience that the 7-year-old jessie will never forget. he was arrested after he and two friends, 8 and 11, admitted they took several items from a neighbor's yard. this he were cuffed and taken to the juvenile jail. >> they called the paddy wagon and put cuffs on us. web it would stop i hit my face would hit against the metal. >> reporter: they need to learn that theft is wrong.

but she says the cuffs were unnecessary and she says the boys were given rough treatment by older boys in the lock-up at the center where they were held for hours. >> i understand that they did something wrong they need to be punished. it was extreme. if they took them to northern, had a nice scary talk with them. >> and his friend was aest ared. and it is outrageous they arrested her at 7 p.m. on friday despite her protests. she was not able to get him released until after midnight. >> he don't have time for no investigation he is going to jail. i said he is 8 years old. he hugged me and cried i don't want to go to jail. >> the family of the third boy had no comment. police defend their actions saying they must divert people from a live of crime. they cite cases of rowdy teams at the inner harbor and a teen

with shooting a 5-year-old girl. the mans who possessions were stolen does not think the two young are children should have been put in cuffs or taken to the lock-up. he says a scary warning from the police may have been enough. what did jessie learn? >> never want to do it again. >> reporter: why not? >> i would get arrested again. >> the department of juvenile justice said the area where they were held is run by city police. we talked to the mayor about the arrest. hear what she is saying at 6:00. state employees and local governments are on the line as the governor prepares to make another round of drastic budget cuts. and we're live and political reporter is live on federal hill to break it down. >> laying the ground work and the meeting the governor offer as preview of what will and

what may be eliminated. >> thank you for your patience. >> in the position of being the bearer of bad news, the governor delivered the cost cutting measures, $75 million in medicaid where the federal government will make up the difference; 34 million in payments to hospitals and other providers. 40million in higher education, agency expenditures, including 39 and, and when there are cases and of government call for abolishment of jobs that are filled. >> we would like to know what is happening. what he is going to do. what is his plan. >> the plan is between now and labor day the cuts are likely to include furloughs. >> we think it is terrible and

they still have to maintain a way of living and the cuts don't help none because the paychecks don't go up. >> i'm hopeful we can come up with ways to avoid layoffs. it ran into a couple of state employees and the furloughs. and i said i don't like them but i don't dislike them as much as i dislike laying people off. most people were reasonable and understood the options. we don't have to like this, none of us like it. >> some state workers are bracing for it. >> i think that will eventually come. we'll have the fur show again. that's a difficult situation. we'll get through it. >> and there is bad news for local governments, the governor says that he will be negotiating with the jurisdictions in baltimore city about about where cuts can be made there.

live from federal hill. now back to you. >> cuts include stem cell research and lottery advertising. disturbing accusations of the trial of a mother who killed her four daughters. aens with said she allowed two of her young daughters to smoke pot. they were 3 and 4 years old at the time. the bodies of the four girls were found in her home in january in 2008 when they served her an eviction notice. she pled not guilty to first degree murder. driving talking, using a cell phone behind the wheel is dangerous drinking while driving according to a study that the government withhealed for several years. we report that the consumer groups say that costs thousands of people their lives. >> the highway safety administration faces criticism after outdated sueds surface about the dangers using a cell phone. some of the research goes to 2002 when many states were

creating distracted driving laws. >> the idea that the federal government can withhold data on safety is really a disaster. >> two groups filed a lawsuit to have the data released. the agency was pressured and it was worried it could cost billions of dollars in government funding. >> it if it is a government study it should is been released. the report found usage increased to 2002 and the distraction rebates to 25% of police reported traffic crashes. they recommended not using the devices but in an emergency. >> several states have panned the cell phones, hands free devices are just as dangerous. they concluded it is the engaging in conversation not the holding the phone that

distracts the drivers. >> this is cause for children. >> it democrats how complex and controversial the driving issue is. >> but many drivers say releasing statistics are useful. >> this is a law people will do it, they don't care about many ins but convenience, they hope it will entouring to outlaw the use all together. every year 44,000 crashes are a result of talking while driving. >> and drivers say they are a major problem. >> there is no rain in sight. here is a look outside. are we in the clear? or are showers headed our way? we're live with coverage. bernadette woods and bob turk have the forecast. first to bob.

>> we need the rain but it has been avoiding the area. look at radar. we have shower activity that's out to the west and the mountain areas. that's moving to the north and the northeast showers and hail. and outside and and past you. and it is quiet. probably staying that way. and they are slim. and over the next couple of days there is a pattern to see the showers and look at that. >> that's right, well let's show you the graphic we have. the storm we have been dealing with is out of here there is another one out to the best. a shower and storm is possible again. it is a small chance. it is there. thursday as the storm gets closer we'll see chances again

and that will linger into friday for a portion of the area at least. as it starts to climb up we see another storm approach us. we'll see the chance for the needed rain. not everyone will see this. >> still ahead at 5:00... a driver causes an amputation. this story is coming up next. and the quarterback of the steelers in hot the water. what a woman claims he did. and the president is pushing his plan for health care reform. his reaction and the deadline running out. >> can we expect showers? the forecast with bob coming up.

the life of a mother is changed. her arm neverly severed in an accident in the city. and police are asking for help. >> reporter: life changed for the mother. here are the skid marks from her car. >> hit a pole. >> reporter: she is not to blame she had the right of way not speeding wane car pulled into her path. >> the person hit her and kept going. and they think it was a woman on a cell phone. >> as a result of that accident, the victim's arm was partially severed. she was transported to shock trauma where she had her arm amputated, she he is doing as well as can be expected. and having three kids.

she was an active mother. it is a gold grand prix but it is damaged. we have several listenss -- witnesses who stated that the it was on a cell phone. , we know it sustained damage to the front passenger side. >> the victim is now recovering from home and need months of therapy. if you are waiting for someone to come home from work. >> and we cleared up we picked up another one on approaching frederick road. it is blocking the left lane

and causing an backup. and that will be today and the alameda. we're looking at a set back on 95 and to average speed there is 20 miles an hour. and 14 minutes the inner loop and 16 minutes at 20 miles an hour. this is brought to you by subway. try the cheese steak. and melted cheese with toppings. eat fresh. back over to you. >> thank you. the president is trying to stay front and interest strá in the debate over health care reform. some argue the plan costs too

much. joel brown reports for wjz news from washington. >> reporter: the president insists the op ponts of his reform push are playing politics. >> it is a familiar washington script we have seen before. >> reporter: the president said this will be different. he laid out areas where the sides have found a common ground. he called on lawmakers to put politics aside, settle their differences and move the plan forward. >> the american people understand the status quo is not acceptable. they don't care who is up or down politically in washington, it's not just republicans who opposing the president. even some of the conservative members of his own party do not like the version of the plan that is moving through congress. they say it costs too much. republican leaders agree. >> mr. president, it is time to scrap the bill. let's start over in a bipartisan way. >> reporter: the two sides have taken their fight to the airwaves. they are broadcasting tv ads.

republicans targeted the cost. democrats highlighted a need for change, when i lost my job i lost my health insurance, too. >> the president is ready to work with congress and is keeping his goal with getting a plan passed before lawmakers take their august recess. that's the message -- message he will take to the people in a news conference. >> the pole shows that public support for the president's health care plan has fallen from 57% to 49%. we'll hear more about the president's plan tomorrow night during a prime time address. it starts at 8 p.m. here. hoping for showers activity, we had. >> we have missed it but we have a slight chance. let's talk about the

temperatures now. not that warm out. comfortable and winds and come back and take a look at radar and the fog after this. s on car insurance.

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>> here it comes. and the humidity is higher than it has been. but the temperatures they are only 81 degrees. it is not bad. and they are they had good rain right now the storms. and the heat out there. they moved through the oakland area. and you can see they're pretty much die minute being as we speak. and is really quiet. i don't expect to see anything but is possible that somebody gets a shower. possible. temperature wise and 79 here.

82 and a good day there. a lot of clouds along the coast. 70 and wind off the bay there. they dropped to 73 degrees. and upper 70s. mid70s to 80. and the normal high is 88 degrees. the temperatures are running 9 below average this time of year. the nights have been warmer and easterly flow keeps it from dropping. right winds over the region. we'll start seeing a southerly flow that will help bring us some higher dew point and we have a chance on the shower and the rain from jersey down just east of ocean city. and picked up an inch and some spotsic abouting up more than that. and cloudy skies out to the west. that's where we're seeing and through north texas they had a heat wave there. temperatures over 100. many spots, they are giving you

showers. this will give us a chance of scattered showers. a good shot. not a lot going on. widely scattered activity. and watch the low pressure as it moves to the best. chances increasing by thursday afternoon. the fant is approaching. and -- and that is approaching. tonight, then, let's call it a slight chance of a shower or a thunder shower. 66, normal. sun and clouds again because of the sun and cloud and mixed with the humidity. a shower and thunder shower. somewhere in the region. and maybe your neighbors won't. that's the way it works. it is weird. >> still ahead... >> i'm mike hellgren with an exclusive.

>> it hit home to the point he was just irrational. >> a massive dose of ecstasy and how it played into a shooting rampage. an agency and former commission ser helping to rebuild. a one on one with dr. joshua sharpsteen coming up. the national acarry yum from miami to maryland. latest on the traveling manatee next.

thank you for staying with us. here are the stories people are talking about. the family of shawn sin similar accused of shooting two police officers, told wjz news that he took a massive dose of ecstasy before the gun battle. tonight a follow up to that exclusive. a hard look at the drug and why it is making a come back on city streets. and we're at shock trauma where they are recovering tonight. >> and the family told us he had taken dozens of pills, a dose that can cause violence and irrational behavior. exclusive video shows sin similar after police shot him following a battle with

officers if west baltimore. investigators say that he ambushed one inside this area. he took 30 bills that day. >> that's a lot of pills. he was being irrational. >> reporter: his long-time friend said that he was suicidal. >> that morning he told me he was going to get hess haircut for the funeral. he said mine. >> he is not the monster that everyone is portraying. he is a caring, loving person. >> you are going to lose your mind and psychotic. >> he has spocken about the dangers for years. he said it deplete as chemical in the brain that regulates mood and behavior. >> it looked like candy. they were stamped m tv, and there is a music symbol. >> reporter: they can be crush

and snort them. as the ingredients are harder to get, manufacturers used substitutes in home grown labs with dangerous and toxic results. >> if it has lsd or pcp, anything could happen. if this person took as much as the family is saying he could be totally psychotic and out of control. >> this father who held a steady job could now be facing years in jail for ambushing officers during that violent rampage. >> we had people coming in and helping him, we could have helped him but never in our wildest dreams did we think it would have resulted in this. >> and one officer was shot three times. police said that he is in good spirits. live at shock trauma. >> thank you.

>> another officer was released several days ago. a nfl star has been slapped with a lawsuit that accuses him of raping a hotel employee. we have details on the suit against the quarterback for the steelers. >> reporter: it accuses the quarterback of raping an employee in july of 2008 inside his lake tahoe hotel room. it alleges that the attack happened at a harrah's when he was playing in a golf tournament. the lawsuit seeks 390,000 dollafters in damage. the lawyer said the client has never sexually assaulted anyone but he will cooperate if there is an investigation. a steamer spokesperson said the team is aware of the lawsuit and gathering information. sally? >> thank you. his lawyer says that there has not been a criminal complaint or investigation related to the assault. the lawyer who filed the lawsuit declined to comment on the case. and the federal reserve chairman faced tough questions as he delivered a new report on

the economy. we report for wjz news that lawmakers are frustrated with the slow progress to recovery. >> the economy has improved... >> reporter: he pointed to glimmers of improvement in the economy. >> that's very important, but admits there is a long way to go. >> he turns up in terms of production it will stay awhile. it will not feel like a strong economy. >> he says it is too son to back away from the strategies which he plans to leave the interest rates near zero for a while longer. but he assured lawmakers the fed will be ready. >> the policy measures we have take non-response to the crisis and the recession. can be withdrawn as needed. >> investors seem to agree with the fed that better times are ahead. this very been on a buying spree and dow to the best levels to january, we had a 7 or 8% run and come in above expectations in the cases. >> on captiol hill some

lawmakers are running out of patience. >> it made big mistakes. >> even after passing the stimulus plan and the government's massive life lines to the financial sector, many see their states struggling. it expects the rate to top 10% this year and predict as gradual improvement in 2010. >> doesn't this all make for a perfect storm for another avalanche of foreclosures? >> given the slow pace, critics don't think it deserves greater powers as the president is ep proking. he disagrees saying he is up to the challenge. on wall street. >> the term as chairman expires next year. the president will have to decide whether to reappoint him. the rally continues on wall street amid more good earnings reports. the dow is up at 8916. the s&p is up 3 the enact is up

7 points. the deadly swine flu virus is spreading throughout the world, even as the traditional flu dies off n china officials are leaving nothing to chance. they are stepping up the efforts to contain it. if someone on a plane shows symptoms of the virus. they checked on everyone sitting within three rows of them. they are trying to avoid a deadlier spread of the flu like what happened with sars in 2003. >> in the health watch, it has been four months since dr. joshua sharpsteen left the job as health commissioner to take on new responsibility at the food and drug administration. health watch reporter met with the doctor in his washington office and talked with him about his new challenges. >> from nuts to peanut butter. >> i'm leary. >> there is a different thing every week, an item that's being recalled.

>> reporter: recalls issued by the far reaching food and drug administration, a agency that regulates more than a trillion in consumer goods from food to drugs to cosmetics and to tobacco. second in command -- the former health commissioner in baltimore dr. joshua sharpsteen. a lot of important issues come before the food and drug administration. it has been a transition. >> reporter: he still is learning the ropes of his position as the deputy commissioner. and had to do so quickly. during his first week on the job, the food and drug administration approved tamiflu and started a consumer fraud effort. that happened on a time scale so it mattered to the cdc, parts, doctors and the agency was able to come through. >> and he says his old job in baltimore prepared prepare him for his job here. >> and the experience i got in

baltimore has proven every day i draw on it. >> reporter: he is turning around a agency that was filled with growing distrust for failing to safeguard the food supply. >> reporter: do you have confidence in the food and drug a administration? >> not as much as i used to. the contamination comes in from the way it is harvested and the people doing the harvesting. concerns that the physician. who spend three years improving baltimore's health department is tacking seriously. >> how can we explain the basis for the decisions. >> he knows rebuilding the food and drug administration and restoring trust will take time and effort. he is already embracing the challenge. >> this has been an important opportunity not only for me professionally but i think for me to be able to contribute to the health of people, including

the people in baltimore. >> he still lives in charm city and does not plan on moving. he is sond of the city his cell phone plays good morning, baltimore. his mother is a doctor and father a psychiatrist and his wife the chief memorabilia officer of harford medical department. an auction tomorrow and among bidders is loyola college. our media partner is reporting that loyola sees the theater as a key location in the plan. s to what the school does with the theater, it's not revealed. baltimore 3ru67ed -- purchased the mortgage in may. time now for a look at stories that will be in the baltimore sun. why bge's smart grid technology is a good thing for consumers. a soccer player hopes to see action here in baltimore. the new flavors a the some shops have a scoop of

vegetable. >> yuck. >> that and more red the sun. looing for the updated forecast in the first warning weather team, how about a scoop of brussle sprouts. in the space story, astronauts work hard to move a pallet off the shuttle. they used row battic arms to take it from endeavour tháed attached it to the international space station. it took about two hours. there is no rest for the wearily. two others will caught the third base walk. >> meanwhile nasa experts are looking at the newly released photos of june fer they show damage on the largest planet. it is seen here. there it is. >> many think that a comet hit the planet leaving the scar. it was discovered by an amateur. a long way from miami to

maryland, 1000 miles, but a manatee paid a visit to the upper chess peek bay. the sighting has been confirmed and madness is spreading, do you know what a manatee is? >> big thing that live in the ocean. >> this is a manatee, they're found in the waters off florida or the caribbean. but on saturday. >> this one was spotted. he is 15 years old. >> he was spotted several times between 1994 and 2006 all in the miami area. kind of dropped off the radar. now he shows up in the bay. >> and the aquarium's animal rescue program coordinator, the famous manatee to visit maryland was jessie in 1994. >> we had have manatee sightings before. confirmed sightingsment we know they are seasonal visitors here in the summer months. the geological surf vay

gave him a russian name. do they have -- have them in russia. >> on the northern part the northern sea in that area. >> reporter: they are an endangered species. if you see one in the water don't try to touch it, chase it or feed it. >> maintain a distance of 50 feet from the animal. we encourage people to watch and grab photos. it is a unique situation. make sure not to touch the animal or feed it, anything like that. let it be wild. >> a wild ride to the chesapeake. >> we're not sure whether he came north in the bay from the mouth or he came through the canal which they are they have been known to do. and how to leave. >> listen to this. adults weigh about 800 pounds and measure ten to 12 feet. if you see a mammal call the

maryland natural resources police the number on the screen. the dnr 800-628-9994. >> i have never seen one. they say we should avoid contact they're not used to human contact. >> manically in a boat. still ahead -- she's back! what you can expect to see from the ousted miss california. and showers for the region. that's coming up.

and it is quiet around here but we have just developed a nice shower south and let's look at radar. just popped up in the last ten minutes across the dc region we take a look at it. right around bowie just to the east of 90 and north of route 50. heading to the eastern section of howard county. around 32. that may get to the southern suburbs in the next 30 to 40 minutes. and just moving out of garrett

county. and moving into pennsylvania. that's moving out of baltimore and the area towards southwest pa. in baltimore that's the only situation we're looking at that one sell south of the city. look at the forecast. maybe some more showers in the region. >> there is a chance, ta esnot a big chance but a against, we start off the day tomorrow. it is warm out there in the 60s to start off. as we head through the afternoon we're warming up with sunshine and the mid80s. and a storm is possible as we head to the day. chances increase as we head to thursday with a new system moving our way. for more on that here is bob t is hard to tell where they will pop up. it is like popcorn. some places goet them. between now and the weekend. back up in the midor the upper 80s. humid. scattered showers and probably not over the weekend but a slight, slight chance you get humidity and that can pop up.

sally. creepy story of the day. scorpions on a plane, not another samuel jackson movie. the plane was headed from phoenix to indianapolis when a passenger are felt a sting. somehow they made it into luggage sends others in a frenzy. understandably. luckily no one was seriously hurt. experts say they can crawl into bags like a spider. and calling peta. two troopers beat sea gulls. they claim the many tooers used the batons to beat the sea gulls on the roof of a terminal. this he are protected in washington. it is why the troopers are on leave and face jail time. s. a new study puts small are cars to the test. in our consumer watch the institute tested several models

and gave the top scores. and the cobattle and civic did well in the collisions. scion received the worst news because it doesn't have stability control to avoid roll overcrashes. she was stripped of her crown now the former miss california is back in the spotlight. she signed a book deal. she will publish a book called still standing. he she stirred up controversy for opposing gay marriage during the miss u.s.a. pageant and failing to appear at scheduled events. check in at 6:00 for the stories coming up. vic has a preview and light rail and beaten and robbed at the station. who police are looking for tonight. a boy drowns in a pool. what his parents are doing to make sure you never sufficient are the same heartbreak. conner's story coming up. check in for these red more

stories. back to you. >> thank you. a seashore clam back from ordinary to extraordinary. that's when a man strikes gold. >> he got clams for dinner from a neighbor and inside was a rare purple pearl. how rare? the odds of finding one # in 2 million. >> a smaller one sold for 25,000-dollars. the new jersey man is hearing abouter estimates. if it is worth a million he will give him his cut, i thought they were in icesters. and purple. --ster"s. >> and purple. >> it is worth something. sports is next. >> and round two in the bronx as they try to rebound from a loss to the yankees. they do so amid trade talk. hearing the rumors and news of a switch. that's ahead when we continue.

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and some information on spring training today. >> they have been dealing with this for a long time. they may have some resolution here. and rebuilding plan may include a change in spring training in florida. a report says that the o's have reached a deal to move to that city for workout starting next year. it is a 30-year agreement that goes before the commission tomorrow. the move would mark thend of the o's time where the team has trained for the past 13 years. and the facility is considered subpar and they had contentious negotiations about improvements to the complex there. the solution looks to be sarasota where the o's will be starting this february. to the immediate future they are in new york with the yankees tonight looking to bounce back from a tough loss from the bronx. and rich hill gets the ball. fighting to keep a spot in the rotation and a higherned run

average coming off -- high earned run average. and macing the yankee debut. he had serveed a 50 game suspension -- serveed a 50-game suspension. the first pitch on masn: o's reliever baez is a potential trade piece. and possible deals. he is having a strong year after surgery could be cover vetted by a team. he tells me his focus is on the os. >> i'm trying to help them to work every day and you know to win a game. and it is just -- and whatever. >> you know i don't want to think about it. i have a lot to think about now in the game. i'm -- i don't want to put it in my mind. >> and the final year of his contract making a trade and greater likely hoot. trade talks and could have been

at yankee stadium. brian roberts. pitch to jones. a controversial play. tries to score. does not appear to touch the plate. and tagged by coke. be are erts was the straight tooic to score both were out. costly in a defeat. that was to the theme to this ending. and bottom of the 9th. a mild pitch tries to score from second. he slides in he is called out. check the replay. he is safe. oh... >> he is called out. twins lose a heartbreaker. no instant replay on that. >> still to come... >> after the research is done. findings on how dangerous it is to use a cell phone. and coming up why a group says withholding this has cost

three elementary age children get in trouble for taking things from a neighbor. should they have been held in juvenile lockup for hours? i'll have their parents' opinions next. the results are in for the maryland school assessment tests. the results and how your child's school did. that's coming up. pleasant tuesday evening.

is rain coming? don't miss the updated first warning forecast. >> check into all these stories. >> eyewitness news at 6:00 starts now. >> this is wjz tv, and wjz.com baltimore. >> from the cities to the counties to your neighborhood, now complete coverage on wjz 13. maryland's news station. net red, maryland's massive budget deficit continues to grow. >> tonight the governor prepares for huge cuts and state workers fear they are next. >> i'm dick carter >> i'm denise koch. people are talking about budget cuts. >> state employees and local governments are facing the action. $280 million in cuts must be made. political reporter pat warren is live downtown with more on what's to come. >> reporter: $280