Missouri: Families Against Seclusion and Restraint: *Read First*

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Your Guide To Restraint and Seclusion

Disability Scoop, January 19, 2009

A scathing report released one year ago brought unprecedented attention to the use of restraint and seclusion tactics in schools, documenting rampant examples of abusive and even deadly practices primarily involving special education students.

Now Congress is set to consider legislation this year to institute the first-ever federal oversight regulating these tactics. Meanwhile, a handful of states have made changes in an effort to promote student safety. (Read all of Disability Scoop’s coverage of restraint and seclusion >>)

Yet, for students who enter classrooms everyday, the battle is far more personal. Relatively few protections are in place in most states and consideration of the pending federal legislation will take time. That means parents and students themselves must be on the watch, says Curt Decker, executive director of the National Disability Rights Network, which issued the initial report last January and is currently preparing a follow up report.

Read the rest of the story here.

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Copy and paste URL: http://www.disabilityscoop.com/2010/01/19/restraint-seclusion-guide/6690/

What You Can Do if This is Happening to Your Child

In order to create change, we must all band together to fight this as a group. We cannot do this alone. If you or someone you love has been restrained or placed in seclusion, or if you want the overuse and abuse of restraint and seclusion to stop, here are some things you can do:

1. Join the Yahoo group http://groups.yahoo.com/group/RESTRAINT_INFO/ to find information, support, and how you can sign up to be a state leader, co-leader, or helper.

2. Write a letter and try to obtain at least 6-8 signatures requesting your State Protection and Advocacy agency to open an investigation on public schools in regards to the over-use and unnecessary use of restraint and seclusion. Address the letter to the person in charge of your state State Protection and Advocacy group.

3. If your child has been physically restrained in school, file written complaints with your state Department of Education about your situation in regards to your child being restrained or put in seclusion. This may not do much but at least it will be documented and on file. This will create a paper trail.

4. If your state does not have real policies, make a request to the Department of Education to create policies and procedures for all public schools in your state to follow. Make sure you request a monitoring system be created as part of the policy.

5. If your state has policies in place (Missouri) and the schools are not following them, write a letter to the State Protection and Advocacy agency and your local legislators (copy the Department of Education) requesting their help in getting the Department of Education to follow the state policy.

6. Work with legislators (see side bar for links) to help you make the policies part of state statutes.

7. Contact your local legislatures (see side bar for links) and educate them about what is going on in the public school system. Work with your legislatures to change current laws and create new laws to protect children with disabilities in the public school system. WE ALL HAVE THE POWER TO CHANGE AND CREATE NEW LAWS.

8. Contact the media and share your story. If you are afraid of retaliation, there are a number of ways your identity can be protected.

9. Report abuse to your local Child Protection Agency if your child has been injured physically or mentally.

10. Encourage parents to follow these tips for what to do if their child has been or is suspected to have been restrained or placed in seclusion at school.

Please remember, if you do nothing then nothing will ever change.

List of Materials to Ask Your District for re “CPI-Certified/Trained Staff”

The Coalition for Positive Behavioral Interventions & Supports, December 6, 2009

CPI does not train in seclusion! So if your district is using/has used seclusion and/or seclusion rooms, and if they are claiming to be following “CPI training” for seclusion/seclusion rooms, then they are lying to you and should be reported to CPI at info@crisisprevention.com and/or us at tcfpbis@gmail.com immediately!

CPI also does not train restraint as discipline, punishment, nor convenience of staff; CPI is about avoiding restraint and seclusion! So if your district is using/has used restraint as discipline, punishment, or for staff’s convenience, please contact CPI at info@crisisprevention.com and/or us at tcfpbis@gmail.com immediately!

Read the entire list here.

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Copy and paste URL: http://tcfpbis.blogspot.com/2009/12/list-of-materials-to-ask-your-district.html

A List of Questions You Can and Should Ask Your Child's School District about the "Training" Their Staff May Have Had on Restraint and Seclusion

The Coalition for Positive Behavioral Interventions & Supports, December 7, 2009

Many times school districts will tell the parents of a special needs child that there may be a time when their child will "need to be restrained or put into seclusion."

Depending on the laws and policies of your state, it may be a legal requirement that restraints and seclusions may only be used in an emergency or if used in accordance with the child's individualized education plan (IEP) or behavior intervention plan (BIP). In other words, a district may be required to have your signature on file before restraint/seclusion may be used.

Parents wonder (as they should) how safe these techniques are; oftentimes, parents are reassured when districts inform parents the district's staff "is appropriately trained."

Unfortunately, this may or may not be the case.

Read more information here.

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Copy and paste URL: http://tcfpbis.blogspot.com/2009/12/list-of-questions-you-can-and-should.html

Current Statutes in Missouri

Restraint and Seclusion:

Missouri Revised Statutes
Chapter 160
Schools--General Provisions
Section 160.263

August 28, 2009

Confinement of a student prohibited, when--policy on restrictive behavioral interventions required--model policy to be developed.

160.263.1. The school discipline policy under section 160.261 shall prohibit confining a student in an unattended, locked space except for an emergency situation while awaiting the arrival of law enforcement personnel.

2. By July 1, 2011, the local board of education of each school district shall adopt a written policy that comprehensively addresses the use of restrictive behavioral interventions as a form of discipline or behavior management technique. The policy shall be consistent with professionally accepted practices and standards of student discipline, behavior management, health and safety, including the safe schools act. The policy shall include but not be limited to:

(1) Definitions of restraint, seclusion, and time-out and any other terminology necessary to describe the continuum of restrictive behavioral interventions available for use or prohibited in the district;

(2) Description of circumstances under which a restrictive behavioral intervention is allowed and prohibited and any unique application requirements for specific groups of students such as differences based on age, disability, or environment in which the educational services are provided;

(3) Specific implementation requirements associated with a restrictive behavioral intervention such as time limits, facility specifications, training requirements or supervision requirements; and

(4) Documentation, notice and permission requirements associated with use of a restrictive behavioral intervention.

3. The department of elementary and secondary education shall, in cooperation with appropriate associations, organizations, agencies and individuals with specialized expertise in behavior management, develop a model policy that satisfies the requirements of subsection 2 of this section by July 1, 2010.

(L. 2009 S.B. 291)

Corporal Punishment:

10. Spanking, when administered by certificated personnel of a school district in a reasonable manner in accordance with the local board of education's written policy of discipline, is not abuse within the meaning of chapter 210, RSMo. The provisions of sections 210.110 to 210.165, RSMo, notwithstanding, the division of family services shall not have jurisdiction over or investigate any report of alleged child abuse arising out of or related to any spanking administered in a reasonable manner by any certificated school personnel pursuant to a written policy of discipline established by the board of education of the school district. Upon receipt of any reports of child abuse by the division of family services pursuant to sections 210.110 to 210.165, RSMo, which allegedly involves personnel of a school district, the division of family services shall notify the superintendent of schools of the district or, if the person named in the alleged incident is the superintendent of schools, the president of the school board of the school district where the alleged incident occurred. If, after an initial investigation, the superintendent of schools or the president of the school board finds that the report involves an alleged incident of child abuse other than the administration of a spanking by certificated school personnel pursuant to a written policy of discipline or a report made for the sole purpose of harassing a public school employee, the superintendent of schools or the president of the school board shall immediately refer the matter back to the division of family services and take no further action. In all matters referred back to the division of family services, the division of family services shall treat the report in the same manner as other reports of alleged child abuse received by the division. If the report pertains to an alleged incident which arose out of or is related to a spanking administered by certificated personnel of a school district pursuant to a written policy of discipline or a report made for the sole purpose of harassing a public school employee, a notification of the reported child abuse shall be sent by the superintendent of schools or the president of the school board to the juvenile officer of the county in which the alleged incident occurred. The report shall be jointly investigated by the juvenile officer or a law enforcement officer designated by the juvenile officer and the superintendent of schools or, if the subject of the report is the superintendent of schools, by the juvenile officer or a law enforcement officer designated by the juvenile officer and the president of the school board or such president's designee. The investigation shall begin no later than forty-eight hours after notification from the division of family services is received, and shall consist of, but need not be limited to, interviewing and recording statements of the child and the child's parents or guardian within two working days after the start of the investigation, of the school district personnel allegedly involved in the report, and of any witnesses to the alleged incident. The juvenile officer or a law enforcement officer designated by the juvenile officer and the investigating school district personnel shall issue separate reports of their findings and recommendations after the conclusion of the investigation to the school board of the school district within seven days after receiving notice from the division of family services. The reports shall contain a statement of conclusion as to whether the report of alleged child abuse is substantiated or is unsubstantiated. The school board shall consider the separate reports and shall issue its findings and conclusions and the action to be taken, if any, within seven days after receiving the last of the two reports. The findings and conclusions shall be made in substantially the following form:

(1) The report of the alleged child abuse is unsubstantiated. The juvenile officer or a law enforcement officer designated by the juvenile officer and the investigating school board personnel agree that the evidence shows that no abuse occurred;

(2) The report of the alleged child abuse is substantiated. The juvenile officer or a law enforcement officer designated by the juvenile officer and the investigating school district personnel agree that the evidence is sufficient to support a finding that the alleged incident of child abuse did occur;

(3) The issue involved in the alleged incident of child abuse is unresolved. The juvenile officer or a law enforcement officer designated by the juvenile officer and the investigating school personnel are unable to agree on their findings and conclusions on the alleged incident.

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Copy and Paste URLs:

Restraint and Seclusion: http://www.moga.mo.gov/statutes/c100-199/1600000263.htm
Corporal Punishment: http://www.moga.mo.gov/statutes/c100-199/1600000261.htm

Educate Yourself, Educate Your Legislators

Research

Seclusion and Restraint Alternatives (intervention):
http://aprais.tash.org/positivealts.htm

NDRN Report:
http://www.ndrn.org/sr/SR-Report.pdf

GAO Report:
http://edlabor.house.gov/documents/111/pdf/testimony/20090519GregKutzTestimony.pdf

There's No Such Thing as a Safe Restraint: http://include.nurse.com/apps/pbcs.dll/article?AID=/20080310/NJ02/80305005

School Corporal Punishment Alternatives:
http://www.stophitting.com/index.php?page=alternatives

Human Rights Watch, A Violent Education: http://www.hrw.org/en/reports/2008/08/19/violent-education

Physical Restraint in School: http://www.tash.org/dev/tashcms/ewebeditpro5/upload/Physical_Restraint_(Ryan__Peterson_2004).pdf

Corporal Punishment in Schools: http://www.adolescenthealth.org/Content/NavigationMenu/Advocacy/PositionPapers/PositionPaper_Corporal_Punishment_in_Schools.pdf

Resources

APRAIS:
http://aprais.tash.org/index.htm

NDRN:
http://www.ndrn.org/index.htm

Federal Committee on Education and Labor, May 2009 Hearing on Restraint and Seclusion: http://edlabor.house.gov/hearings/2009/05/examining-the-abusive-and-dead.shtml

US Department of Education, Office of Special Education Programs Center on Positive Behavior Interventions and Supports:
http://www.pbis.org/seclusion/restraint/default.aspx

Coalition Against Institutionalized Child Abuse:
http://www.caica.org/index.htm

Missouri Extension, Positive Discipline and Child Guidance: http://extension.missouri.edu/xplor/hesguide/humanrel/gh6119.htm

Missouri Schoolwide Positive Behavior Support:
http://www.pbismissouri.org/index.html

Families Against Restraint and Seclusion: http://familiesagainstrestraintandseclusion.blogspot.com/

Compiled on 2/12/09
Revised on 11/21/09

Ange Hemmer
Missouri: Families Against Seclusion and Restraint
nomoseclusion@gmail.com

Missouri: Families Against Seclusion and Restraint

Learn More, Get Involved

Your Guide To Restraint and Seclusion

What You Can Do if This is Happening to Your Child

List of Materials to Ask Your District for re “CPI-Certified/Trained Staff”

A List of Questions You Can and Should Ask Your Child's School District about the "Training" Their Staff May Have Had on Restraint and Seclusion

Current Statutes in Missouri

Educate Yourself, Educate Your Legislators

---CONTENTS---

Read First

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