PENNSYLVANIA Families Against Restraint & Seclusion

Editorial: Special-ed report merits your attention

2008-08-15T13:30:00.000-07:00

Published: August 13. 2008 1:40AM

Taxpayers, parents and children's advocates should pay close attention to an investigation by the Pennsylvania Auditor General into reimbursements for special education in Millcreek Township.

The School Based Access Program reimburses school districts and other education agencies for health-related costs --such as physical or speech therapy or hearing and vision-related services -- for special education students who receive Medicaid.

The federal government has determined that such medical services are necessary for students to benefit from special education programs and that schools should not have to absorb additional costs to provide these services.

But Erica Erwin found an interesting pattern, as reported in the Erie Times-News on Sunday.

The Millcreek School District has received substantially more in health-related reimbursements than the Erie School District.

In 2005-06, Millcreek received $940,604 in medical reimbursements for its 900 special-ed students. The highest amount the Erie district received for its 2,560 special-ed students was $629,960, in 2003-04.

This disparity also happens elsewhere. The Milwaukee Journal Sentinel reported in June that the Milwaukee School District, an urban district, received lower medical reimbursements than many smaller districts throughout the state. In some cases, the Milwaukee district can deliver services more efficiently than smaller districts, which have to make special accommodations to serve small populations of special-ed students.

But efficiency alone doesn't explain how some districts snag more money than others for medical reimbursements.

The Waynesboro Record recently reported that the special education director for the Waynesboro Area School District, in south-central Pennsylvania, had requested a second clerk to help apply for medical reimbursements. The new clerk was needed because the district may have been missing "billable opportunities" for additional revenue, the special-ed director said.

Linda Schrock Taylor, a former Michigan teacher, blogged about her reaction after she said she received a directive from her school superintendent to file claims for Medicaid services. "I am NOT a qualified health care worker and I do not provide direct health services.' Neither do I coordinate any health care services," Schrock Taylor fumed.

Anyone who has reared or educated a child with special needs knows how important it is to provide appropriate educational services to help children reach their full potential.

But talk about "billable opportunities" raises red flags. Those words give the appearance that maximizing revenue trumps helping students and that if more children qualify for special-ed, the district can benefit financially.

That should not be a district's practice or philosophy.

We eagerly await the Auditor General's report on Millcreek.

http://www.goerie.com:80/apps/pbcs.dll/article?AID=/20080813/OPINION01/808130373

Shuman Juvenile Detention Center loses Pa. certification

2008-08-14T18:40:00.000-07:00

Thursday, August 14, 2008
By Steve Twedt, Pittsburgh Post-Gazette

State officials have refused to re-certify Shuman Juvenile Detention Center, citing violations of minimum staffing and staff training requirements, inadequate fire drills, poor health record documentation, and disrepair at the Lincoln-Lemington facility, including the presence of black mold.

Instead, Department of Public Welfare officials have issued a provisional certificate of compliance for Shuman through Jan. 1 while officials there address needed corrections.

More details in tomorrow's Pittsburgh Post-Gazette.

2008-08-13T15:00:00.000-07:00

Please visit our National Blog "Families Against Restraint and Seclusion" for new updates.

http://familiesagainstrestraintandseclusion.blogspot.com/

What to Do if Your Child Is Restrained or You Suspect Was Restrained

2008-08-13T14:45:00.000-07:00

1. Take pictures of any visible injuries and document those injuries.

2. Take your child to his/her Pediatrician or the Emergency room for a complete physical examination.

3. Call the child abuse hotline and report it.

4. File a police report.

5. Send a "No Restraint" letter to the school principal, the district superintendent and/or members of the school board and ask that the letter be included in your child's permanent school records. You may want to either hand-deliver this or send it certified mail. A sample letter can be found here: http://www.bridges4kids.org/IEP/NoRestraintLetter.html

Note: This form may not stop the schools from restraining children but they will not be able to come back later on and say that you were aware that your child was being restrained and never objected.

6. File a complaint with your state Department of Education: http://www.ed.gov/about/contacts/state/index.html?src=ln

7. File a complaint with you state Disabilities Rights Network (aka Protection and Advocacy): http://www.napas.org/aboutus/PA_CAP.htm

8. Contact Families Against Restraint and Seclusion at http://www.blogger.com/familiesagainstrestraint@yahoo.com and share your experience. We understand what you're going through because we too have lived through it.

Calendar of Events

2008-08-13T14:30:00.000-07:00

Below are listed upcoming events and activities sponsored by Local Organizations.

State Performance Plan Public Forum, PA Department of Education, PaTTAN Harrisburg, August 18, 2008, 9:30 am - 12:00 pm

State Performance Plan Public Forum, PA Department of Education, PaTTAN King of Prussia, August 19, 2008, 9:30 am - 12:00 pm

State Performance Plan Public Forum, PA Department of Education, PaTTAN Pittsburgh, August 20, 2008, 9:30 am - 12:00 pm

Tiny Fingers to Tiny Voices Sign Language Program, PEAL Center, Recreation Station, Washington, PA, August 26, 2008, 10:00 am - 11:00 am

Tiny Fingers to Tiny Voices Sign Language Program, PEAL Center, Recreation Station, Washington, PA September 2, 2008, 10:00 am - 11:00 am

Autism Family Field Day, ABOARD and Autism Help Network, September 6, 2009, 10:00 am - 2:00 pm

Tiny Fingers to Tiny Voices Sign Language Program, PEAL Center, Recreation Station, Washington, PA September 9, 2008, 10:00 am - 11:00 am

Advocacy Workshops, The Disability Support Hub, Voices for Independence, Erie, PA, September 15, 2008, 10:00 am - 3:00 pm.

Advocacy Workshops, The Disability Support Hub, Community Education Council, St. Mary's, PA, September 16, 2008, 10:00 am - 3:00 pm.

Tiny Fingers to Tiny Voices Sign Language Program, PEAL Center, Recreation Station, Washington, PA September 16, 2008, 10:00 am - 11:00 am

Advocacy Workshops, The Disability Support Hub, Three Rivers Center for Independent Living, Pittsburgh, PA, September 22, 2008, 10:00 am - 3:00 pm

Tiny Fingers to Tiny Voices Sign Language Program, PEAL Center, Recreation Station, Washington, PA September 23, 2008, 10:00 am - 11:00 am

Tiny Fingers to Tiny Voices Sign Language Program, PEAL Center, Recreation Station, Washington, PA September 30, 2008, 10:00 am - 11:00 am

"What's New in Special Education Law and Changes to Chapter 14", Bucks County Right To Education Task Force, October 1, 2008, 6:30 pm - 8:30 pm.

Advocacy Workshops, The Disability Support Hub, Northeast PA CIL, IBEW Building, Scranton, PA, October 6, 2008, 10:00 am - 3:00 pm

Autism from the Outside In, The Arc of Chester County, October 7, 2008, 10 am - 12 pm; 7 pm-9 pm

Advocacy Workshops, The Disability Support Hub, Disability Rights Network, Harrisburg, PA, October 20, 2008, 10:00 am - 3:00 pm

Advocacy Workshops, The Disability Support Hub, Vision for Equality, The Cast Iron Building, Philadelphia, PA, October 27, 2008, 10:00 am - 3:00 pm

Competence and Confidence: Partners in Policymaking for Families of Children in Early Intervention (C2P2EI), Pittsburgh area, 6 month training opportunity from October 2008 to May 2009.

Successful Daily Living-Strategies and Routines for the Home and Community, The Arc of Chester County, November 4, 2008, 10:00 am-12:00 pm; 7:00 pm - 9:00 pm

Bucks County Autism Support Coalition, November 8, 2008.

Autism Support Network Workshop with Donna Williams, November 15, 2008.

Behaviors and Assessment Strategies for Children with Autism, The Arc of Chester County, December 2, 2008, 10:00 am - 12:00 pm; 7:00 pm - 9:00 pm

Autism from the Outside In, The Arc of Chester County, March 3, 2009, 10, 10:00 am-12:00 pm; 7:00 pm-9:00 pm

Successful Daily Living-Strategies and Routines for the Home and Community, The Arc of Chester County, April 7, 2009, 10:00 am-12:00 pm; 7:00 pm - 9:00 pm

Behaviors and Assessment Strategies for Children with Autism, The Arc of Chester County, May 5, 2009, 10:00 am - 12:00 pm; 7:00 pm - 9:00 pm

FYI: FREE Advocacy Workshops

2008-08-13T14:25:00.000-07:00

The Disability Advocacy Support Hub (a project of the Disability Rights Network of Pennsylvania) will be sponsoring the following FREE Advocacy Workshops to help advocates improve their skills:

Fundraising 101 (10am – 12pm)
A plain English overview of fundraising for disability advocacy groups/organization s, including annual giving, special events, grants - both foundation and government, major gifts and planned giving.

Lunch Available (12 pm – 1pm)
Lunch will be made available and is a great time to network with your peers and other advocates.

Strategic Planning (1pm – 3pm)
Understand the importance of having a clear mission and vision for your organization. Learn how to prepare an action plan with overarching goals and measureable objectives, as well as an effective strategy with target dates.

Worshops will be held in the following locations:

Erie -Voices for Independence on September 15, 2008
St. Mary’s - Community Education Council on September 16, 2008
Pittsburgh - Three Rivers Center for Independent Living Services on September 22, 2008
Scranton - Northeast PA CIL, IBEW Building on October 6, 2008
Harrisburg - Disability Rights Network on October 20, 2008
Philadelphia - Vision for Equality, The Cast Iron Building on October 27, 2008

To enroll or for more information, contact DASH – Call toll free at 866-915-3274 (877-375-7139 tty) OR send an email to ldo@drnpa.org

Please note that seating is limited and reservations are required.

No charge for workshops, materials or lunch.

Special assistance such as interpreters is available if requested three weeks before actual training date.

Workshop material is available in alternate format such as large print, disk or Braille if requested by September 1, 2008.

The Disability Advocacy Support Hub is funded by the Pennsylvania Developmental Disabilities Council.

FYI: PA Dept of Ed Seeking Public Comments on State Performance Plan

2008-08-13T12:29:00.001-07:00

PENNSYLVANIA DEPARTMENT OF EDUCATION
July 25, 2008

State Performance Plan Public Forums

From John J. Tommasini, Director, Pennsylvania Dept of Education

Under the Individuals with Disabilities Education Act of 2004, states must develop a State Performance Plan (SPP) that includes measurable and rigorous targets for twenty indicators of compliance and performance with IDEA.

The SPP is a six-year plan which began in the 2005-06 school year and ends in 2010-11.

Pennsylvania's SPP targets have been approved by the U.S. Department of Education, Office of Special Education Programs. The SPP and 2006 Annual Performance Reportmay be accessed on the PaTTAN website: http://www.pattan.k12.pa.us/partners/spp.aspx

As we approach the mid-point of the SPP span, the Bureau of Special Education (BSE) is considering revision to some of the targets.

In some cases, this is necessary because OSEP provided new directions to states for calculating data; in other instances, improvement over time has exceeded expectations and we want to ensure that targets remain rigorous. The specific areas where we are seeking stakeholder input about targets and improvement activities are:

Indicators 1 and 2(Graduation and Dropout Rates); Indicator 3 (Adequate Yearly Progress); Indicator 5 (Least Restrictive Environment); Indicator 18 (Resolution Settlement Agreements); and Indicator 19 (Mediation Agreements).

The BSE will be conducting three public forums next month for this purpose. The forums will be held from 9:30 to noon at the following locations:

PaTTAN Harrisburg August 18
PaTTAN King of Prussia August 19
PaTTAN Pittsburgh August 20

Persons wishing to participate must pre-register. This can bedone by e-mail or phone. Please provide your name, affiliation, and which location you will attend. You may either send e-mail to Enie Murphy at emurphy@pattan.net or by phone at 1-800-360-7282,ext.3407.

Questions regarding the SPP may be addressed to Sandy Zeleznik, BSE Adviser, at szeleznik@state.pa.us.

Chapter 14 Regulations - Restraint and Seclusion Laws

2008-08-08T17:35:00.000-07:00

The following is an excerpt from Chapter 14 Regulations which govern restraint and seclusion use in Pennsylvania schools.

§ 14.133. POSITIVE Behavior support.

(a) Positive, rather than negative, measures shall form the basis of behavior support programs to ensure that all students AND ELIGIBLE YOUNG CHILDREN shall be free from demeaning treatment and, THE USE OF aversive techniques or AND the inappropriate UNREASONABLE use of restraints. Behavior support programs SHALL include a variety of RESEARCH BASED PRACTICES AND techniques to develop and maintain skills that will enhance an individual student’s or ELIGIBLE young child’s opportunity for learning and self-fulfillment.

BEHAVIOR SUPPORT PROGRAMS AND PLANS SHALL BE BASED ON A FUNCTIONAL ASSESSMENT OF BEHAVIOR AND UTILIZE POSITIVE BEHAVIOR TECHNIQUES. WHEN AN INTERVENTION IS NEEDED TO ADDRESS PROBLEM BEHAVIOR, The THE types of intervention chosen for a particular student or ELIGIBLE young child shall be the least intrusive necessary.

THE USE OF RESTRAINTS IS CONSIDERED A MEASURE OF LAST RESORT, ONLY TO BE USED AFTER OTHER LESS RESTRICTIVE MEASURES, INCLUDING DE-ESCALATION TECHNIQUES, IN ACCORD WITH SUBSECTION (C)(2).

Restraints—
(i) Devices and techniques, that last longer than 30 consecutive seconds, designed and used to control acute [or], episodic [aggressive] behaviors [or to control involuntary movements or lack of muscular control due to organic causes or conditions. The term includes physical and mechanical restraints.], including aggressive or self injurious behaviors. Redirection or physical prompting as a teaching technique when a student does not exhibit active resistance is not considered a restraint. Devices, objects or techniques prescribed by a qualified medical professional for reasons of safety or for therapeutic or medical treatments are excluded from this definition.

THE APPLICATION OF PHYSICAL FORCE, WITH OR WITHOUT THE USE OF ANY DEVICE, FOR THE PURPOSE OF RESTRAINING THE FREE MOVEMENT OF A STUDENT’S OR ELIGIBLE YOUNG CHILD’S BODY. THE TERM RESTRAINT DOES NOT INCLUDE BRIEFLY HOLDING, WITHOUT FORCE, A STUDENT OR ELIGIBLE YOUNG CHILD IN ORDER TO CALM OR COMFORT HIM, GUIDING A STUDENT OR ELIGIBLE YOUNG CHILD TO AN APPROPRIATE ACTIVITY, OR HOLDING A STUDENT’S OR ELIGIBLE YOUNG CHILD’S HAND TO SAFELY ESCORT HER FROM ONE AREA TO ANOTHER.

(ii) Examples excluded from this definition include devices used for physical or occupational therapy, seatbelts in wheelchairs or on toilets for balance and safety, safety harnesses in buses, functional positioning devises or hand over hand assistance with feeding or task completion. EXCLUDED FROM THIS DEFINITION ARE HAND-OVER-HAND ASSISTANCE WITH FEEDING OR TASK COMPLETION AND TECHNIQUES PRESCRIBED BY A QUALIFIED MEDICAL PROFESSIONAL FOR REASONS OF SAFETY OR FOR THERAPEUTIC OR MEDICAL TREATMENT, AS AGREED TO BY THE STUDENT’S OR ELIGIBLE YOUNG CHILD’S PARENTS AND SPECIFIED IN THE IEP. DEVICES USED FOR PHYSICAL OR OCCUPATIONAL THERAPY, SEATBELTS IN WHEEL CHAIRS OR ON TOILETS USED FOR BALANCE AND SAFETY, SAFETY HARNESSES IN BUSES, AND FUNCTIONAL POSITIONING DEVICES ARE EXAMPLES OF MECHANICAL RESTRAINTS WHICH ARE EXCLUDED FROM THIS DEFITION, AND GOVERNED BY SUBSECTION (d).

(c) Restraints to control acute or episodic aggressive or self-injurious behavior may be used only when the student is acting in a manner as to be a clear and present danger to himself, to other students or to employees, and only when less restrictive measures and techniques have proven to be or are less effective. [The use of restraints to control the aggressive behavior of an individual student shall cause a meeting of the IEP team to review the current IEP for appropriateness and effectiveness. The use of restraints may not be included in the IEP for the convenience of staff, as a substitute for an educational program, or employed as punishment.]

(1) When there is evidence to suggest that the emergency use of restrictive procedures, such as restraints may be necessary to ensure a student’s safety or the safety of others, parental consent should be obtained. If a restrictive procedure is needed on an emergency basis, parents should be informed and consent for future uses be obtained within 10 school days following the need for the use of a restrictive procedure. The need for restrictive procedures for safety should be noted in the student’s IEP.

THE USE OF RESTRAINTS TO CONTROL THE AGGRESSIVE BEHAVIOR OF AN INDIVIDUAL STUDENT OR ELIGIBLE YOUNG CHILD SHALL CAUSE THE SCHOOL ENTITY TO NOTIFY THE PARENT OF THE USE OF RESTRAINT AND SHALL CAUSE A MEETING OF THE IEP TEAM WITHIN 10 SCHOOL DAYS OF THE INAPPROPRIATE BEHAVIOR CAUSING THE USE OF RESTRAINTS, UNLESS THE PARENT, AFTER WRITTEN NOTICE, AGREES IN WRITING TO WAIVE THE MEETING. AT THIS MEETING, THE IEP TEAM SHALL CONSIDER WHETHER THE STUDENT OR ELIGIBLE YOUNG CHILD NEEDS A FUNCTIONAL BEHAVIORAL ASSESSMENT, REEVALUATION, A NEW OR REVISED POSITIVE BEHAVIOR SUPPORT PLAN, OR A CHANGE OF PLACEMENT TO ADDRESS THE INAPPROPRIATE BEHAVIOR.

(2) The use of restraints to control the aggressive and self injurious behavior on the part of an individual student shall cause a meeting of the IEP team within 10 school days of the behavior causing the use of restraints unless the use of restraint was consistent with the explicit provisions of the existing IEP and that IEP remains current and appropriate for the student. At this meeting, the team shall consider whether the student needs a behavioral assessment, reevaluation, a new or revised behavior plan, or a change of placement to address the inappropriate behavior MAY ONLY BE INCLUDED IN A STUDENT’S OR ELIGIBLE YOUNG CHILD’S IEP WHEN:

(I) UTILIZED WITH SPECIFIC COMPONENT ELEMENTS OF POSITIVE BEHAVIOR SUPPORT;

(II) USED IN CONJUNCTION WITH THE TEACHING OF SOCIALLY ACCEPTABLE ALTERNATIVE SKILLS TO REPLACE PROBLEM BEHAVIOR;

(III) STAFF ARE AUTHORIZED TO USE THE PROCEDURE AND HAVE RECEIVED THE STAFF TRAINING REQUIRED; AND

(IV) THERE IS A PLAN IN PLACE FOR ELIMINATING THE USE OF RESTRAINT THROUGH THE APPLICATION OF POSITIVE BEHAVIOR SUPPORT.

(3) THE USE OF PRONE RESTRAINTS IS PROHIBITED IN EDUCATIONAL PROGRAMS. PRONE RESTRAINTS ARE THOSE IN WHICH A STUDENT OR ELIGIBLE YOUNG CHILD IS HELD FACE DOWN ON THE FLOOR.

(3) (4) The use of restraints may not be included in the IEP for the convenience of staff, as a substitute for an educational program, or employed as punishment.

(4) (5) School entities shall maintain and report data on the use of restraints as prescribed by the Secretary. THE REPORT SHALL BE REVIEWED DURING CYCLICAL COMPLIANCE MONITORING CONDUCTED BY THE DEPARTMENT.

FYI: Training Announcement - "What's New in Special Education Law, Changes to the Chapter 14 Regulations"

2008-08-08T17:00:00.000-07:00

The Bucks County Right to Education Task Force will be hosting a training/information session regarding changes in Special Education law and changes to Chapter 14 Regulations as part of their 2008-2009 meetings.

This session, presented by Andrew Faust, Esquire, partner, Sweet, Stevens, Katz, and Williams, will be held on Wednesday, October 1, 2008 from 6:30 pm - 8:30 pm at the Bucks County Intermediate Unit #22, located at 705 Shady Retreat Road in Doylestown.

Free babysitting is available, but pre-registration is required. To register contact Helene Gutgesell (with the number & ages of children) at (215) 348-2940 or hgutgesebucksiu. orq by September 24, 2008.

New Parent Chairpersons are Tricie DeAngelis at mailto:BeatriceDe%40aol.com, (267) 218-1671 and Tina DiBiaso at mailto:Tina%40visionforequality.orq, (215) 816-1322.

"Come and participate in the only countywide organization that bringstogether parents, the PA Department of Education, IU #22, each schooldistrict in Bucks County, Bucks Co. MH/MR and the ARC of PA."

FYI: Autism Family Field Day

2008-08-08T16:33:00.000-07:00

The Advisory Board of Autism and Related Disorders (ABOARD) and The Autism Help Network will be hosting an Autism Family Field Day at the Woodlands Foundation, which is located at 134 Shenot Road in Wexford, PA on Saturday, September 6, 2008 from 10 am - to 2 pm.

Registration is FREE but is required to attend.

Lunch will be provided and a GFCF menu is available.

Space is limited, so call (412) 449-0165 to register. Please visit http://www.aboard.org/ or http://www.autismhelpforyou.org/ for more information.

FYI: Competence and Confidence: Partners in Policymaking for Families of Children in Early Intervention (C2P2EI)

2008-07-31T16:54:00.000-07:00

The Institute on Disabilities at Temple University is pleased to announce that this year’s session of Competence and Confidence: Partners in Policymaking for Families of Children in Early Intervention (C2P2EI) will start in October of 2008 and end in May 2009. It will be held in the Pittsburgh, Pennsylvania area.

What is C2P2EI? C2P2EI is an innovative training program providing family member participants with up-to-date information, leadership development training, resources and skills. Participants learn about the local, state and national issues that affect children with disabilities. Funding for this program is made possible by Pennsylvania’s Early Intervention Technical Assistance.

Who should apply to C2P2EI? Interested family members throughout Pennsylvania who have an infant, toddler or pre-school age child who has special needs are eligible to apply for this program. Family members must have the desire to learn to advocate for themselves and others and be willing to make a time commitment to attend the sessions.

How much does it cost to attend C2P2EI? A limited number of family members are accepted into the program at no cost to the individual. Participants are reimbursed for travel costs and childcare expenses. Meals are included and overnight lodging is provided for those individuals traveling over 30 miles to the training location.

What are some the benefits of attending? Graduates learn to become strong advocates and leaders. They gain the ability to teach policymakers a new way of thinking about people with disabilities. Graduates learn about current policies, laws, and regulations. They get an opportunity to meet many of the key players in the Early Intervention System. Certificates are awarded to participants who successfully complete all the program requirements.

Where can I get an application for this program? Applications can be requested by writing to The Institute on Disabilities, Temple University, 1601 N. Broad Street, Suite 610, University Services Building, Philadelphia,PA or contact either: Sue Tuckerman, Family Advocacy Coordinator 215.204.1772/ susanne.tuckerman@temple.edu or
Diane Perry, Inclusion Coordinator at 215.204.3031/ dperry@temple.edu

TTY calls can be made to 215.204.1356.

FYI: North Hills Autism Support Group Meeting

2008-07-30T21:32:00.000-07:00

The North Hills Autism Support Group meeting will take place on Tuesday, August 5th at the Panera on McKnight Road across from Ross Park Mall from 7 to 9 pm.

Their meetings are for Parents, Caregivers, Relatives/Friends of children diagnosed with Autism Spectrum Disorder, Asperger's and PDD-NOS. Parents of children newly diagnosed are welcome as well as families who follow a biomedical intervention and those who do not.

EVERYONE is WELCOME!!

Any questions or suggestions please feel free to email la.bella@verizon.net or Jane at j.maruca@comcast.com.

FYI: Autism Support Network Workshop: November 15, 2008 with Donna Williams

2008-07-30T21:30:00.000-07:00

The Autism Support Network will be presenting a workshop on November 15, 2008, with guest speaker Donna Williams.

Donna Williams is an Australian born adult with autism who acquired functional speech in late childhood and went on to become a qualified teacher. She is the author of two international bestselling autobiographies and has 9 published books relating to autism, including 4 text books widely used in autism education.

As a screenwriter, she wrote the screenplay to "Nobody Nowhere", the first book in her 4 book autobiographical series. That screenplay is currently under option to become a Hollywood film.

She is an professional artist, singer-song writer and published poet as well as a world renowned public speaker on autism now living with her husband in Australia. In her presentations she draws not only on her own experiences but on over 10 years experience as a professional autism consultant having worked with hundreds of people on the autism spectrum.

Donna's workshop will provide a valuable perspective of living life withASD across the family, school and community environments. She is a speakerin demand around the world due to her unique perspective and ability toshare her feelings and experiences on a very personal level.

More information about her and her life's work can be found on her website at http://www.donnawilliams.net/

For more info and a registration form, click the following link: http://www.autismsupportnetwork.org/

FYI: BUCKS COUNTY AUTISM SUPPORT COALITION

2008-07-30T21:18:00.000-07:00

"Save the Date"

The Bucks County Autism Support Coalition will be hosting their 2ND Annual Dinner Fundraising Gala at Sprint Mill Manor - Ivyland on November 8, 2008.

They are seeking donations of goods or services for raffle items. Tickets will be available soon.

For more information, click the following link: http://www.bcasc.org/

FYI: Free Sign Language Trainings from PEAL Center

2008-07-30T20:20:00.000-07:00

The PEAL Center serves families of children with disabilities and special health care needs. They provide information and training on education in Central and Western Pennsylvania, and on health care needs and support services statewide.

The PEAL Center is an organization of parents of children with special health care needs and
disabilities reaching out to assist other parents and professionals.

The PEAL Center will be offering Tiny Fingers to Tiny Voices, a free sign language program for parents and small children. The program instructor is Kimberly S. Simon, M. Ed. and will be offered on the following dates at these locations:

CRANBERRY TWP.
Cranberry Public Library
2525 Rochester Road
Cranberry Twp., PA 16066
Tuesdays:
April 29 May 6, 13, 20, 27
June 3
9:30-10:30 AM

PENN HILLS
William E. Anderson Library
1037 Stotler Rd.
(Stotler & Saltzburg)
Pittsburgh, PA 15235
Tuesdays:
July 1, 8, 15, 22, 29
August 5
9:30-10:30 AM

SQUIRREL HILL
Squirrel Hill Library
5801 Forbes Ave.
Pittsburgh, PA 15217
Metered lot under the library
Mondays:
June 30 July 7, 14, 21, 28
August 4
6:00-7:00 PM

WASHINGTON
Co-sponsored by Rainbows End
Recreation Station
www.recstation.org
289 North Ave.
Washington, PA 15301
Tuesdays:
August 26
September 2, 9, 16, 23, 30
10:00-11:00 AM

FYI: Training - Special Education Law Update - July 24

2008-07-17T13:26:00.000-07:00

DO YOU KNOW WHAT YOUR SCHOOL DISTIRCT KNOWS ABOUT THE NEW REGULATIONS?

After much work from parents and Advocates many of our PA regulations for Special Education changed for the better as of July 1st, 2008. Your school district has been advised on how they affect your child's IEP. You are invited to come & find out how the new changes affect your child's IEP and your rights.

Please join Special Education Advocate Melissa Bilash and Special Education Attorneys Catherine Reisman, Amy Corolla and Jerry Tanenbaum on Thursday July 24th from 9-12:30 at McCall Golf and Country Club, 201 N. Lynne Blvd-Highland Park Ave- Upper Darby- 19083.

This conference is FREE but you need to RSVP due to limited space. Send Reply by July 20th to RSVP@ACFEINC.com

Questions please call 610 529 9350.

Colonial Intermediate Unit Staff Hand Book 2007-2008

2008-07-16T17:41:00.000-07:00

We found a copy of the 2007-2008 Staff handbook online at http://www.ciu20.org/departments/humanresources/resources/20072008staffbook.pdf

Would you mind giving us your thoughts on their "policies" on Corporal Punishment? It starts on page 100, but we've copied and pasted some parts that have us more than a little concerned; namely, that staff are permitted to use ANY means necessary to stop self-injurious behaviors.

This policy also permits restraints, but does not instruct staff on how to properly restrain a child, and does not mention seclusion at all. We have bolded the parts we're particularly concerned with and placed comments in ( ).

We'd love to hear from you! Thanks!

PART III - CORPORAL PUNISHMENT

Corporal punishment, the practice of physically punishing a student as a disciplinary measure or in retaliation for an offense, is strictly prohibited in accordance with the established policy of the Colonial Intermediate Unit 20 Board of School Directors.

*Only reasonable force may be used in the form of physical restraint by an Intermediate Unit 20 teacher, administrator or staff member in the following circumstances:
1. To protect the lives and property of students and school personnel.
2. To protect themselves in matters of self-defense.
3. To remove from a student’s possession weapons or other dangerous objects.
4. To quell disturbances which infringe upon the educational rights of other students (What does this mean? Does this mean if a child starts screaming that he/she can be restrained?)

Students with disabilities who engage in inappropriate behavior, disruptive or prohibited activities and/or actions injurious to themselves or others shall be disciplined in accordance with their individualized education programs (IEP), behavior support plan and IU20 policy. (This language bothers me for some reason. It's so vague. If a child doesn't have "punishment" spelled out in his IEP, does this mean that he is subject only to IU20 policy?)

The Board directs that IU20 shall comply with the provisions of the Individuals With Disabilities Education Act (IDEA) and federal and state regulations when disciplining students with disabilities for violations of IU20 policy or school rules and regulations. (IDEA is a federal statute. How can a board "direct" otherwise?)

All disciplinary action will be reviewed by the Multi Disciplinary Team in order to ensure that all laws and regulations regarding special education are complied with and to ensure that each student is considered individually with respect to his/her handicapped condition.

During any period of disciplinary action, the student shall continue to receive free and appropriate education in accordance with federal law. (How can the student do so if they are permitted to be removed from school DUE TO A MANIFESTATION OF THEIR DISABILITY for 10 consecutive days and 15 cumulative days? See below).

A student with a disability may be suspended for ten (10) consecutive and fifteen (15) cumulative days of school per year regardless of whether the student’s behavior is a manifestation of his/her disability. (So they're saying they CAN punish children for behaviors DIRECTLY RELATED to their disability?)*

Any removal from school is a change of placement for student identified with mental retardation.

A student with a disability whose behavior is not a manifestation of his or her disability may be expelled pursuant to IU20 policies and procedures.

Students who have not been identified as disabled may be subject to the same disciplinary measures applied to students without disabilities if IU20 did not have knowledge of the disability. A request for evaluation is made during the period the student is subject to disciplinary measures, the evaluation shall be expedited.

B. Defacing, Injuring or Destroying Intermediate Unit Property

Breaking into, entering, defacing, writing upon, marking or placing any obscene or improper matter upon any IU20 building or defacing, injuring, damaging or destroying any IU20 property shall not be tolerated.

C. Electronic Devices, Beepers and Pagers

The possession by students of beepers, telephones, pagers, cellular phones, and all other electronic communication devices is prohibited on IU20 grounds, at IU20 sponsored activities and on school buses and other vehicles provided by the IU20 policy. Students violating this policy may be suspended up to ten (10) days and referred to proper authorities. Individual exceptions, with an Administrators permission, might be allowed for a student who is a member of volunteer fire company, ambulance, or rescue squad or for a student who has a need for a beeper due to the medical condition of an immediate family member. (All OTHER communication devices? Does this mean a child who uses a Dynavox communication system is prohibited from using it?)

D. False Fire Alarms

Students who turn in false fire alarms any time that school is in session, or when IU20 is open for a school activity, may be suspended for period of up to ten (10) days and referred to proper authorities. The second offense will mean automatic suspension up to ten (10) days and possible referral to Director for expulsion proceedings.

E. Loud, Abrasive and/or Profane Language or Behavior

It is the policy of IU20 to prevent disruptions to its operations and the educational process. All persons, including but not limited to, students, parents, employees, visitors and members of the general public are prohibited from the use of foul, profane and abusive language, whether spoken or written, or a tirade in any manner in IU20 buildings or upon IU20 grounds. This policy will be particularly enforced if language or actions are profoundly loud and/or offensive manner or in a manner observable by other persons. (Again, so they are saying that they WILL discriminate against a child with a disability, should that child yell something loudly? Even if it could be BECAUSE of their disability?)

All persons are therefore warned that violation of this policy may result in removal from IU20 property by appropriate IU20 authorities or other authorities. Students and employees may be subject to disciplinary procedures in accordance with IU20 policies and the laws of Pennsylvania . Members of the public may be subject to removal from IU20 property and may be charged with trespassing for failure to promptly vacate the property.

In all cases, violators may be subject to appropriate laws of the Commonwealth of Pennsylvania .

F. Terroristic Threats/Acts

IU20 recognizes the danger that terroristic threats and acts by students presents the safety and welfare of students, staff and community. IU20 acknowledges the needs for an immediate and effective response to a situation involving such a threat or act.

A terroristic threat shall mean a threat to commit violence communicated with the intent to terrorize another; to cause evacuation of the building; or to cause serious public inconvenience in reckless disregard of the risk of causing such terror or inconvenience.

Terroristic act shall mean an offense against property or involving danger to another person. (Does this same hold true for the student when being physically restrained?)

IU20 prohibits any student from communicating terroristic threats or committing terroristic acts directed at any other student, IU20 employee, Board Member, community member or IU20 property.

The Board directs the Executive Director to react promptly and appropriately to information and knowledge concerning a possible or actual terroristic threat or act.

The Executive Director or Designee shall be responsible for developing administrative procedures to implement this policy.

Where School Districts have their own terroristic threats/acts policy, IU20 staff shall follow the guidelines of the District/building where the class is located. IU20 personnel in other locations will be expected to follow the guidelines listed below.

Staff members and student shall be responsible for informing the building administrator/program supervisor regarding any information or knowledge relevant to a possible or actual terroristic threat or act.

The building administrator/program supervisor shall immediately inform the Executive Director
after receiving a report of such a threat or act.

When an administrator has evidence that a student has made a terroristic threat or committed a terroristic act, the following guidelines shall be applied:

1. The building administrator/program supervisor may recommend suspension of the student, according to state and federal regulations and/or IU20 program guidelines.
2. The building administrator/program supervisor shall promptly report the incident to the Executive Director or Designee.
3. Based on further investigation, the Executive Director or Designee may report the student to law enforcement officials.
4. The Executive Director or Designee may recommend expulsion of the student or placement in an alternative educational program to the IU Board or the student’s district of residence.

If a student is expelled for making terroristic threats or committing terroristic acts, the Board may require, prior to readmission, that the student provide competent and credible evidence that the student does not pose a risk of harm to others.

*In the case of students with disabilities, IU20 will take all steps necessary to comply with the IDEA and follow Board policy. (*Notice this is the ONLY place where this exception is noted under these infractions).*

G. Smoking, Drug and Alcohol Abuse

The use of tobacco and controlled substances is governed by IU20 policy.

A student with a disability who knowingly possesses or uses illegal drugs or solicits the sale of a controlled substance while at school or IU20 function or program may be removed from his or her current placement. This student shall be place in an appropriate interim alternative educational setting for no more than forty-five (45) days.

H. Weapons

A student with a disability who carries a weapon to school or IU20 function or program may be removed from his or her current placement. This student shall be [place in an appropriate interim alternative educational setting for no more than forty-five (45) days.

According to the IDEA, weapons shall be defined as a device, instrument, material or substance, animate or inanimate, that is used for, or is readily capable of, causing death or serious bodily injury, except that such term does not include a pocket knife with a blade of less than 2 ½ inches in length.

I. Miscellaneous

The following items are of no less importance to the educational and individual development of the exceptional child:

***1. The staff shall take all steps necessary to guard against student self-inflicted injuries. *** (ALL STEPS NECESSARY? What SPECIFICALLY does this permit them to do?)
2. Students leaving the school without proper written permission from the head/contact teacher is prohibited.
3. Illegal absences are prohibited.

Join a coalition or a listserve!

2008-07-09T16:38:00.001-07:00

From the PA Education Law Center:

Join VALUE, a coalition of disability advocates currently working on revisions to the Pennsylvania special education regulations. Contact Sallie Lynagh at slynagh@drnpa.org.

If you live in the western part of the State, join monthly meetings of the Western Coalition of Educational Advocates from Allegheny and Westmoreland Counties (e-mail Shari Mamas at the Disability Rights Network at smamas@drnpa.org ).

Join the Pennsylvania Early Intervention Coalition, which advocates on behalf of young children with disabilities. For more information, contact Nancy Hubley at nhubley@elc-pa.org. If you want to be added to the Coalition listserve, email Irene McClendon at mcclendon@elc-pa.org.

To subscribe to ELC's special education listserve, and/or to receive the ELC e-Newsletter, send an e-mail to Irene McClendon at mcclendon@elc-pa.org

Is Your School on Our "List"?

2008-07-02T14:59:00.000-07:00

The following schools have been identified or reported as schools that have allegedly over-used or unnecessarily used restraint or seclusion, and/or engaged in other abusive practices. Is your school on the list? Should it be? If so, please email familiesagainstrestraint@yahoo.com with the school name, school district, city, and state. Your contact information will be kept confidential.

Disclaimer: This list is accurate to the best of our knowledge. Please be advised that we have not personally investigated the schools on this list, but have compiled this list from published newspaper articles and/or received reports from parents, advocates, and/or others concerned about the welfare of children. We are not accusing any school or individual of wrongdoing, only reporting "allegations" for informational purposes only.

1. Artman Elementary School (K-3), Hermitage School District, Hermitage, PA
2. Hutchinson Elementary School, Laurel Highlands School District, Uniontown, PA (Restraint and Seclusion)
3. Longstreth Elementary School, Philiadelphia School District, Philadelphia PA (Restraints)
4. Martha Washington Elementary, Philadelphia, PA (Abuse)
5. Northern Potter Children's School, Potter County, PA
6. SummitQuest Academy Ephrata, PA (Residential Facility)

FYI: 2008-2009 Autism Lectures at the Arc of Chester County (from ASCEND)

2008-07-02T13:08:00.000-07:00

The Arc of Chester County will be sponsoring a series of lectures at their Chester County office. Lectures are FREE for parents, and cost $50 for professionals. For more information contact Janice at (610) 696-8090. Lectures are as follows:

Autism from the Outside In
October 7, 2008 and March 3, 2009
10:00-12:00 or 7:00-9:00
Review of the characteristics of autism and defines what the world sees in terms of behaviors as a result of this complex disorder. Discussions will explore the realities of families living with autism, and increases the understanding of autism to help families cope with daily challenges.

Successful Daily Living-Strategies and Routines for the Home and Community
November 4, 2008 and April 7, 2009
10:00-12:00 or 7:00-9:00
Review of autism and daily life for families of children with autism with a focus on structured routines and strategies which detail and demonstrate ways for more positive and successful daily living in both the home and community.

Behaviors and Assessment Strategies for Children with Autism December 2, 2008 and May 5, 2009
10:00-12:00 or 7:00-9:00
Explores how we can interpret and understand the causes of behaviors, the effects of reinforcement, and how to plan a response in order to change a child's challenging behaviors into successful outcomes.

FYI: PaTTAN Announces Training Announcement

2008-07-02T12:43:00.000-07:00

The Pennsylvania Department of Education, Bureau of Special Education and PaTTAN are proud to announce an exciting opportunity to participate in the 2008 National Autism Conference via live web casting. The Autism 101 strand will be available to view live from your computer. During the conference, simply visit the website www.outreach.psu.edu/conference/autism and click on the Live Web Cast page and follow the instructions on the days that you wish to participate. There is no fee to participate. Please continue to check the website for updated information. To prepare for viewing, visit the website up to two weeks prior to the National Autism Conference and view a test stream on the Live Web Cast page.

Sessions available for viewing through live webcasting

For complete session descriptions visit www.outreach.psu.edu/conference/autism

Progress Through PartnershipWhen: August 4 - 8, 2008
Location: Live Webinar

Monday, August 4th
1. Opening Keynote: Eustacia Cutler
2. Autism Research Update 2008, Duane Alexander
3. Updates on PA's Efforts to Provide Supports to Learners with ASD, John Tommasini
4. An Introduction to Autism Spectrum Disorders

Tuesday, August 5th
13. Comprehensive Autism Assessment for Intervention Planning
24. The Instructional Environment and Visual Strategies

Wednesday, August 6th
39. Elements of Effective Instruction for Learners with ASD
50. Curriculum Considerations

Thursday, August 7th
63. Strategies for Successful Inclusion
74. Preparing for Smooth Transitions

Friday, August 8th
89. Creating Partnerships with Families
101. I am a Student with Autism

Local Special Needs Student Beaten On School Bus

2008-04-23T13:05:00.000-07:00

INDUSTRY, Pa. (KDKA) ― http://kdka.com/local/Western.beaver.bus.2.706269.html

Cell phone video recorded by students captured the beating of a special needs student in Beaver County on a school bus.

A 17-year-old student allegedly beat a 16-year-old student unconscious on a Western Beaver school bus last week.

"It was just shocking and appalling that students would videotape it and that someone would even think about hitting someone who was disabled," Linda Lamantis, a parent, said.

"They're rude and one tries to outdo the other one," Connie Noah, a parent, said.

Parents and students outraged by the act gathered Tuesday evening, disgusted by what happened. "

And he was hit like 13, 14 times we heard," Gabrielle Noto, a student, said. "And he's a good kid though. Like, the way he is, he goes and talks to everyone,! he's really nice, he's a sweetheart and I don't think he deserved it at all."

Witnesses tell KDKA the incident happened in the parking lot at the Western Beaver High School. They also say the 17-year-old 11th Grader was unprovoked.

Additionally, witnesses say the bus driver tried to stop the fight but was blocked.

Industry Police are investigating the assault, trying to determine if students on the bus went as far as to bet on the winner of the fight.

KDKA's Marty Griffin reports the attacked student suffered a concussion, chipped teeth and had problems with his jaw. He's now back in school with a special escort.

The student accused in the assault has been suspended.

Blog Talk Radio Tonight!

2008-04-18T17:30:00.000-07:00

Families PLEASE JOIN THE blogtalkradio WAKEUP CALL SHOW TONIGHT FRIDAY APRIL 18, 2008 AT 8 PM EASTERN TIME.

We will be discussing the following:

Restraint and Seclusion
Creating Bills
Working with Legislatures
Getting parent support
Parents need to work together
Mediation

You are invited to log on and listen and call in to ask questions.

The call in line is 646-716-8675.

ENTER http://www.blogtalkradio.com/wakeupcallshow

or

Go to the http://communityactions.org and click on the blogtalkradio link at the RADIO page.

Please call in and let your voices be heard.

The call in line is 646-716-8675

Suit: District Ignored Abuse of Special Ed Kids

2008-03-10T08:00:00.000-07:00

By MENSAH M. DEAN
Philadelphia Daily News

deanm@phillynews.com 215-854-5949

Special-education students at Martha Washington Elementary School this fall allegedly were forced by their teacher to fistfight in the middle of the classroom. They allegedly were forced to stand with their hands raised in the air for two hours, missing lunch.

Their teacher at the West Philadelphia school also verbally abused the students, calling one "black, crispy and ashy," and another "turtle," who, because of mental and physical disabilities, moved and spoke slowly, according to allegations made in a whistle-blower lawsuit filed Thursday in U.S. District Court. The defendants are the School District of Philadelphia and Community Council for Mental Health and Mental Retardation, Inc., a nonprofit company the district employs to provide care for special-needs children.

In the lawsuit, Perlyn Severe-Clarke, 36, a clinical therapist, and Tracy Brice, 39, an associate counselor, allege that they were fired by Community Council in December after complaining to a supervisor about the alleged ongoing abusive behavior and language exhibited by the classroom teacher, who also worked for the company.

The terminations came less than a week after Brice used her cell-phone camera to record one of the teacher's instigated fights, the lawsuit claims.

"I believe that the conduct on the teacher's part was disturbing to them," Jill Fisher, the plaintiffs' attorney, said yesterday. "They reported it to their superiors on several different occasions . . . and they were rewarded for their efforts by being fired."

The plaintiffs are seeking reinstatement, back pay and unspecified monetary and punitive damages, said Fisher, of the Philadelphia firm of Zarwin, Baum, DeVito, Kaplan, Schaer and Toddy, P.C.

Also named in the lawsuit are employees of Community Council and the school district, including interim Chief Executive Officer Tom Brady and the principal of Martha Washington Elementary, Carolyn Jackson.

Jackson yesterday did not return a Daily News phone call to her school, on 44th Street near Lancaster Avenue.

"Because this is a pending legal matter the district is unable to comment at this time," said Fernando Gallard, the district's chief spokesman.

Earl Bradford, executive director of Community Council, at 49th Street and Wyalusing Avenue, declined to comment, but did refute the basis of the lawsuit.

"The allegation is outrageous, and it will be appropriately adjudicated in a court of law," he said by phone yesterday.

"It's in litigation. We have insurance and a lawyer has been assigned to it," Bradford added.

Fisher said that the defendants violated the state's Whistleblower Law by terminating her clients after they made a good-faith report of suspected child abuse in accordance with the state's Child Protective Services Law.

When they were terminated - Brice on Dec. 17 and Severe-Clarke on Dec. 18 - a Community Council supervisor said it had been due to tardiness, though neither had received notices for being tardy before. The company supervisor read both plaintiffs a letter, reportedly from Principal Jackson, telling them that they were no longer wanted at the school.

Both were also told by the supervisor that Community Council was not about to lose its contract with the district because of them, said Fisher, who herself worked as a special-education teacher for the district in the 1980s.

Severe-Clarke began working for the company in Jan. 2006 and Brice was hired in May 2007. At the time of their firing, they worked in the same classroom with the teacher named in the lawsuit, serving 12 children aged 9 to 13.

"Having been a special-education teacher, I just was shocked and appalled at what I was hearing and at the response of the company to rush and fire my clients when they were just doing their jobs," Fisher said.

"The biggest question is, are there other acts of abuse or mistreatment or neglect by staff members that are being now - or have been in the past - covered up? The concern for the school children's safety and well being is the reason for my clients blowing the whistle," she said.

"But can the same be said for the school district and the private company? Who, or what, were they concerned about? Those questions have to be answered," the lawyer added.

District spokesman Gallard could not say how much Community Council is being paid.

The company has 120 employees in 40 district classrooms providing emotional-support services to students with a range of disabilities, including serious emotional disturbances, Gallard said. *

Find this article at:
http://www.philly.com/dailynews/local/20080308_Suit__District_ignored_abuse_of_special-ed_kids.html?adString=pdn.news/local;!category=local;&randomOrd=031008033214

Teacher Ordered to Trial for Assaulting Students

2008-02-22T09:36:00.000-08:00

Feb 21, 2008 04:33 PM EST
By Scott Schaffer

A teacher will stand trial on charges she assaulted some of her students who were part of a special education program in one Luzerne County school district. Angela Kairo-Scibek, 41, left central court in Wilkes-Barre today after hearing from a judge that she will stand trial on charges of simple assault, and endangering the welfare of children.

Angela Kairo-Scibek was ordered to stand trial on charges she assaulted some special education students in the Wyoming Valley West School District.

Three students testified in court that Kairo-Scibek smacked them with a ruler when she was their teacher at Main Street Elementary School in Plymouth.

According to the testimony, some of the abuse was severe enough to leave bruises and the students were instructed not to tell anyone about the abuse or it would continue.

Two of the children testified that Kairo-Scibek would tell them it was time to play a game called "child abuse" and they were it.

Some parents became emotional in court listening to their children tell the tales of the alleged abuse. One 13-year-old girl testified that Kairo-Scibek put a pillow over her face, told her not to scream and smacked her with a ruler.

"How difficult was it for her to hear her students on the witness stand testifying against her today? Nocito: "There were numerous, numerous inconsistencies and they're the one's that we'll be exploring. They will be explored at trial," said Frank Nocito, Kairo-Scibek's attorney.

He pointed out that a police search of the classroom turned up no pillow and no ruler.

Assistant District Attorney Jenny Roberts said she's confident the testimony from her young witnesses will hold up at trial.

"It's always difficult when your witnesses are children and especially in this particular case because as you know in this case the witnesses are special needs children," Roberts conceded.

No one was available for comment this afternoon from Wyoming Valley West School District.
Newswatch 16 reported in December that Kairo-Scibek was suspended with pay last year after the allegations came to light.

Exceptional Parent Magazine

2007-11-16T10:36:00.000-08:00

Eliminating Restraint, Seclusion, and Aversives in Our Schools: A parent’s thoughts on why we’re stuck and how to move forward
By Pat Amos
Sept 30, 2007
Reprinted with Permission

In the small hours of a recent night I found myself in a hospital emergency room waiting for my son’s release after treatment of a seizure. As I sat decompressing, I heard a group of hospital staff assemble in the corridor and then heard the word “restraint.” After a quarter-century as an advocate for people with disabilities, few words get me to my feet faster. I edged closer to the curtain to listen in.

The discussion turned on a hospital credentialing review that was to occur later that day, and I realized with growing satisfaction that it was a model of its kind. Staff reviewed the hospital’s policies that restricted restraint to dire emergencies, and the strict procedures to be followed in the event that such an emergency could not be prevented. Doctors were to be called, permissions obtained, oversight provided, brevity and safety stressed. They talked about the debriefing and extensive documentation that would be required of them should they ever participate in a restraint. It was clear from the hushed tones and careful recitals of these healthcare staff that they understood the gravity of the subject and their medical responsibility to “do no harm.”

How ironic, I thought, that my daylight hours are so often spent with parents whose children who have been harmed by casual and multiple restraint use in their schools, at the hands of the very adults entrusted with their care. It is no longer a secret that every day, across our country, special education students are grabbed and immobilized, tied and strapped to chairs, and held in basket holds and prone restraints that are known to cause asphyxia. Sometimes frightened children are dragged to seclusion rooms, a form of restraint involving forced isolation. Despite the fact that they are known to cause injury, intense psychological trauma, and even death, these extreme methods are justified as education, discipline, or behavior therapy. Under these reassuring guises they tend to be used repeatedly and with impunity. Sometimes they are written into a child’s Behavior Intervention Plan (BIP) or Individualized Education Plan (IEP), and sometimes they fly under the radar, with parents uninformed.

Either way, the easy and reckless use of restraint in our schools stands in stark contrast to the cautious avoidance with which restraint use is now expected to be approached in hospital, rehabilitation, nursing care, mental health, and related medical settings. What many school systems still see as a viable treatment or plan, health care systems increasingly repudiate as a failure of treatment and a failure to plan. How did our nation’s special education system get to a place where school teachers and classroom aides rush in where medical professionals fear to tread? And what is our exit strategy?

The short answer to why children with disabilities remain at unnecessary risk in their schools is a nationwide failure of leadership. While our education system refuses to face the problem, hospitals, nursing homes, and mental health treatment settings have recognized and acted to end the serious risks associated with the use of restraint and seclusion. Federal and state authorities and the Joint Commission on Accreditation of Healthcare Organizations (JCAHO) now impose significant restrictions on its use and require specialized staff training, rigorous review of each usage, and detailed data reporting. Advocates and their Congressional allies achieved passage of the Children’s Health Act of 2000, which offers significant protections to children in mental health settings. The President’s New Freedom Commission on Mental Health (2003) set forth a vision for safe, humane services. And the Centers for Medicare and Medicaid Services (CMS) have taken a leadership role in shedding light on the dangers of restraint and seclusion, enforcing higher standards and accountability across the programs they fund.

In contrast, many state education agencies continue to operate without regulating, or with regulations that specifically allow, the use of non-emergency restraint, seclusion, and even aversive “punishers” (which have no justification even as emergency responses) on children with disabilities. In fact, the New York State Department of Vocational and Educational Services recently widened the array of aversives it would permit for use on school children with disabilities. This patchwork of dangerous and inequitable state-level special education regulations, although neither evidence-based nor in sync with the protections children receive in other settings, is quietly accepted by the federal government. This apathy must end. In an education system dedicated to producing lifelong learners, it is time for our leaders to learn new lessons from the successful reduction and elimination of restraint and seclusion in other service systems.

These lessons are turning out to be encouragingly clear and simple. The National Technical Assistance Center (NTAC), National Association of State Mental Health Program Directors, has analyzed the Core Strategies leading to successful restraint/seclusion reduction and elimination in mental health settings and compiled them into a 6-point lesson plan. With a little curriculum modification, I believe we can make this lesson accessible to the education system:

1. Leadership Toward Organizational Change. This first strategy identified by NTAC requires the organizational leader or CEO – for schools read “principal” – to define and articulate “a vision, values and philosophy” resulting in an action plan based on “continuous quality improvement.” That leader must then be present and involved in “witnessing” any time a restraint occurs. “Witnessing” is a surprisingly simple and powerful concept that forces a problem into awareness and demands personal accountability. Imagine how witnessing could change the culture of a school: no hiding restraint and its aftermath behind closed doors, no looking the other way, no deniability. To lead with integrity, those in power would have to become active learners engaged in discovering what happened, why it happened, and how to prevent it from happening again.

2. Use of Data to Inform Practice. Now that evidence-based practices have become part of the common language of the education system, this strategy translates easily. Schools need to follow the example of health care facilities and pay rigorous attention to gathering data on restraint use: by classroom, school, district, characteristics of the individual and situation, and other informative variables. An all-too-common practice in special education has been to bury restraint usage in students’ IEPs or BIPs, reporting data only on “emergency” restraint – an emergency being, for practical purposes, any restraint use that has not been given prior permission in a student’s plan. However, a “planned emergency” is not only an oxymoron but an incentive to write restraint into more students’ plans. State education systems will undoubtedly try other ingenious strategies to avoid facing the data – for example, Pennsylvania’s State Board of Education recently proposed new regulations that would exempt restraints of no more than 30 continuous seconds from being counted as restraints, no matter how many were performed in a row or how much aggregate time a student spent in this way. This is where national-level leadership, from the U.S. Department of Education to Congress, has to get tough. Continuous quality improvement can only build on a foundation of hard data.

3. Workforce Development. NTAC calls for the development of “trauma informed systems of care,” a different and broader focus than the mere promotion of physical safety during restraint. Trauma-informed care promotes responsibility for the emotional wellbeing of children. It is based on research from psychology, child development, and neuroscience that shows that children exposed to high stress situations tend to develop challenging behaviors which in turn expose them to further stress. The take-home message—or take-to-school message—is that using restraint, seclusion or other aversives to change the behavior of students with disabilities is the type of stressor that can lead to the development of attentional, motivational, impulse-control, and mental health problems. These problems, in turn, can lead to behavior that is mistakenly blamed on the disability and subjected to further trauma-inducing responses, such as more restraint. An understanding of this vicious cycle and how to stop it must become part of every educator’s skill set.

4. Use of Seclusion/Restraint Prevention Tools. This strategy from mental health settings is paralleled by the requirement under the Individuals with Disabilities Education Improvement Act (IDEIA) that IEP teams approach a child through “positive behavior interventions and strategies,” which in turn should trigger a Functional Behavioral Assessment (FBA) when a Behavior Intervention Plan is needed. What the special education system lacks is comprehensive implementation of those tools. For example, California’s Protection and Advocacy, Inc. (PAI) recently gave that state’s schools an “F” for failure to confront widespread abuses of restraint and seclusion. In the cases PAI investigated, schools failed to utilize the significant preventative tools at their disposal: there were no proactive plans to address known problems, and no meetings were convened after a restraint to discuss changes in the IEP or to arrange for an FBA. NTAC notes that “This strategy relies heavily on the concept of individualized treatment.” Similarly, schools fail their students when they fail to individualize.

5. Consumer Roles in Inpatient Settings. Successful strategies in mental health settings involve “the full and formal inclusion of consumers, children, families and external advocates in various roles and at all levels in the organization to assist in the reduction of seclusion and restraint.” In our schools, this would translate into greatly increased parental involvement, welcoming parents and advocates as resources who have valuable insights and proactive strategies to impart on behalf of individual children. It would also translate into welcoming parents and students to participate in debriefing interviews when problems occur, and encouraging their participation in the development of relevant school and district policies. Operating with this level of openness and transparency has been a frightening prospect for many schools, yet the experiences of the mental health system demonstrate the importance of meaningful inclusion of all stakeholders in achieving successful systems change.

6. Debriefing Techniques. This final Core Strategy insists that every use of restraint or seclusion is meaningful and must be analyzed to avoid repetition. No such event can be accepted as unimportant, unavoidable, or part of someone’s routine plan. In our schools, the student and student’s family must be central to this process. If educators truly believe in the value of critical thinking, they need to put this skill into action instead of unthinkingly making the same dangerous responses over and over.

None of these six Core Strategies involve rocket science, but seeing them implemented will involve leadership at the highest levels of our federal Department of Education and among members of Congress. The mental health community made great strides in restraint and seclusion prevention, despite disbelief and opposition, when visionary national leaders connected with an organized and supportive grassroots constituency. Similarly, parents, families, and self-advocates must insist that our schools stop lurching from tragedy to tragedy and be guided by strong national policies that are proven effective in preventing these dangerous, inhumane practices. Each time the use of restraint, seclusion or other aversives comes to light we must loudly, publicly, and relentlessly “witness”— and insist that our leaders witness with us.

NTAC’s “Six Core Strategies to Reduce the Use of Seclusion and Restraint” and related planning tools can be accessed through the web site of The National Association of State Mental Health Program Directors: http://www.nasmhpd.org/ntac.cfm

------------------------------------------------------------------------------------------------

Pat Amos, M.A., has been an advocate for people with disabilities for over 25 years. She is a founder of Autism Support and Advocacy in Pennsylvania (ASAP) and of The Family Alliance to Stop Abuse and Neglect, past president of the Greater Philadelphia Autism Society, and past president of the Autism National Committee. Currently she is a member of the Board of Directors of TASH, an international organization that promotes equity, opportunity, and inclusion for all individuals with disabilities. Pat's family includes three young adults with significant sensorimotor differences.