How do we get them to "see" what is going on?

My Representative's response to my concerns regarding MO HB 1543:

I read the bill and this bill will only protect students, staff and property from any type of harm and it does not increase or allow any type of punishment for "acts" of students.

My response:

Representative Smith,

Thank you for your response. I really appreciate your efforts to take my concerns seriously. I think it is extremely difficult for people to envision the type of abuse that can happen in schools. Unfortunately "use of force to protect person or property" can be interpreted in many different ways. If a child rips paper off a bulletin board the proposed bill language not only gives the schools the authority to apply "use of force" to stop the child from "damaging property", it also allows them to determine what is "reasonable" force (this is happening to a 6-year-old child in southern Missouri right now, and in this child's case he was placed on his stomach in a prone restraint with an adult on top of him for things such as kick under a desk and ripping paper).

I can assure you that at one point of time "use of force to protect person or property" would've only conjured up images of a teacher breaking up a fight in the cafeteria, but I have seen and heard other unfortunate interpretations that are unsafe for the staff and children. I also believe that teachers and staff need to be assured training and support to prevent and de-escalate situations rather than relying on "use of force" as the first line of intervention.

Please watch this quick video of Congressman George Miller discussing this issue during the mark up of HR 4247: http://www.youtube.com/watch?v=dADmiyJNU34&feature=youtube_gdata to get a quick understanding of how serious and widespread this issue is.

I am not asking that the provision "use of force to protect person or property" be removed as much as I am asking that it be clarified and narrowed down. Restraint (i.e., limiting an individual’s body movement to prevent or manage out-of-control behavior) is a type of "use of force", and data supports that restraints and other "uses of force" are being misused and abused in our schools, disproportionally on children with disabilities. For more information regarding this bill (and how it compares to other state and federal efforts), please see below. [included similar information from here: http://nomoseclusion.blogspot.com/2010/02/take-action-now-missouri-hb-1543-and.html]

If you are interested in meeting with me and others on this issue, I am willing to arrange something.

Sincerely,

Ange Hemmer

Personal Letter: Thank You/HB1810/HB1543

Representative Smith,

Thank you for supporting autism insurance reform. I hope that this can springboard into equal health care for all those with developmental/neurological disabilities in the near future. Have you seen HB1810?

Also, I have spoken to you before regarding the abuse of restraint and seclusion in schools (Did you hear federal legislation passed committee yesterday?), and you will be hearing more from me soon regarding the "use of force to protect person or property" provision in HB1543 (http://nomoseclusion.blogspot.com/2010/01/corporal-punishment-and-use-of-force-in.html) and how I think this language will indirectly allow the continuing misuse and abuse of restraint (as what is happening to this Missouri child right now: http://nomoseclusion.blogspot.com/2010/01/young-boys-story.html).

These issues, along with other repeated failures of the school system, are the reason why I homeschool my children with disabilities; however, I understand the need to preserve teacher rights and the responsibility to ensure a quality and safe education for children. This is one of the reasons I am still advocating on the issue of restraint and seclusion even though it no longer directly effects my children.

Legislation can have negative unintended consequences, as I believe will be the case with the "use of force to protect person or property" provision in HB1543. The misuse of restraint and seclusion is a serious and widespread issue. The law passed last year in Missouri only bans locked seclusion; however, it leaves it up to individual school districts to decide how, when, and why to use dangerous, life threatening forms of restraint. I wouldn't be concerned with local school district's regulating and monitoring themselves on this serious issue if there wasn't already proof of this type of abuse happening for over a decade all over the country.

Regulating the use of seclusion and restraint not only protects student, it protects teachers and staff. It would be a serious disservice to children and schools to continue using the provision "use of force to protect persons or property". As in last year's HB96, "use of force" and "property destruction" are not defined, and since Missouri does not ban harmful methods of "force" (restraint), a child could be legally held face down for property destruction as minor as ripping up paper. I know this sounds inconceivable, but it is happening repeatedly to a small child right now (http://nomoseclusion.blogspot.com/2010/01/young-boys-story.html) and will continue happening if something is not changed.

Please let me know if you would like to discuss any of these issues, otherwise I will be contacting your office to discuss my concerns regarding "use of force to protect person or property" provision in HB1543 in the near future.

Sincerely,
Ange Hemmer

Personal Letter: Thank You/Autism Insurance Reform/Homeschool/Use of Force

Representative Lampe,

Autism Insurance Reform
While I am not in your district, I wanted to thank you for supporting autism insurance reform, and hope that this can springboard into equal insurance for all those with developmental/neurological disabilities (Have you seen HB1810?). After reading another news item from the House that made my two boys with autism sound like they were near death's door (or might as well be), I was very pleased with the kind and realistic language you used in your newsletter.

Homeschooling/HB1543
I believe in the right to do what we, as parents, think is best for our children, but I also believe in the responsibility of the government to allow this right to come to fruition. Not everyone homeschools or believes that homeschooling is the best for his or her child, which means we as a society have a responsibility to look at the whole regarding quality and safe education and just not one group.

I have spoken to you before regarding the abuse of restraint and seclusion in schools (Did you hear federal legislation passed committee yesterday?), and you will be hearing more from me soon regarding the "use of force to protect person or property" provision in HB1543 (http://nomoseclusion.blogspot.com/2010/01/corporal-punishment-and-use-of-force-in.html) and how I think this language will indirectly allow the continuing misuse and abuse of restraint (as what is happening to this Missouri child right now: http://nomoseclusion.blogspot.com/2010/01/young-boys-story.html).

These issues, along with other repeated failures of the school system, are the reason why I homeschool my children with disabilities; however, I am dismayed at the tone of the e-mails circulating in the homeschool community right now. I understand the need to preserve parental rights, but I also understand the responsibility to ensure a quality and safe education for all children. This is one of the reasons I am still advocating on the issue of restraint and seclusion even though it no longer directly effects my children.

In talking with you in the past (I didn't homeschool at that time), I believe you also understand this balance and will try to achieve a respectful balance as to the rights of all children and families in any future amendments. I'm not sure if I am the only one in the homeschool community who feels this way, but I don't think you are out to take away my rights to homeschool my children as I see fit. I do, however, think it is a good lesson as to how legislation can have negative unintended consequences, as I also believe will be the case with the "use of force to protect person or property" provision in this same bill.

Please let me know if you would like to discuss any of these issues, otherwise I will be contacting your office to discuss my concerns regarding "use of force to protect person or property" provision in HB1543 in the near future.

Sincerely,

Ange Hemmer

Letter Regarding H.R. 4247/ S. 2860

I write many letters, copy and pasting from different information and past letters. On occasion (i.e., when I have time and/or remember!) I try to post some of my personal letters here so that anyone can take whatever information they need to make advocating for this issue easier.

I am a parent of a child who experienced the misuse of seclusion and restraint in public school and founder of Missouri: Families Against Seclusion and Restraint.

I encourage you to take H.R. 4247/ S. 2860 The Preventing Harmful Restraint and Seclusion in Schools Act seriously as a federal issue and responsibility. The states are failing. Children are not safe. Until recently, Missouri had no laws guiding restraint and seclusion. The law passed in 2009 only bans placing a child in a locked room and does not address restraint. Otherwise it loosely mandates that the local school districts develop their own policies that address “the use of restrictive behavioral interventions as a form of discipline or behavior management technique” but does NOT require data collecting, reporting, monitoring, or accountability. There has also been state legislation introduced (HB 1543) that allows “use of force to protect persons or property”, yet there are no definitions or restrictions. This same bill does not allow Children’s services to conduct an investigation until the school district conducts its own investigation and, then, only if the school district finds itself liable for abuse.

My son Zach was denied appropriate evaluations, services and accommodations for months after transition from preschool to kindergarten. Shortly after he turned 6 years old it was clear he was suffering and not coping well with lack of support. Out of confusion, desperation, misguidance, and lack of information, Zach’s father and I agreed to allow restraint and seclusion in the crisis plan of Zach’s behavioral intervention plan. We were assured that it would never be used unless there was imminent harm to himself or others.

He was restrained and secluded three times in one day for behaviors such as squeezing his paraprofessional’s hand. We was also placed in the seclusion room quiet for no documented reason and left in there 20 minutes. I was unaware of how the room was being used until I requested logs. I was shocked at what I read and immediately demanded that seclusion and restraint be removed from his education plan. He was placed in the seclusion room at least one more time after that request. Due to continued and repeated failure to support Zach, we are now homeschooling Zach and his 6 year old brother.

I do not believe a system's failure is justification to abuse or mistreat individuals, especially those with disabilities. I encourage you to support this legislation and also suggest the following changes:

• The bill should not only apply to locked seclusion but to situations where children are forced into other spaces from which they cannot exit. A door may be unlocked but blocked by furniture or a teacher may be holding it shut, which is the case when my son was placed in a seclusion room at 6 years old.
• The bill should also protect a child’s entire body against harmful restraint, including restraints to the chest, abdomen, or other body parts that don’t affect the arms, legs, and head (e.g., prone and supine restraint).

Also, please DO NOT remove the section where it is prohibited to include restraint or seclusion as planned interventions in student’s education plans, including Individualized Education Programs (IEPs). These procedures are NOT interventions, but proof of failed treatment.

Please respond with your viewpoint and intentions. If you require any further information, please contact me; I would love to discuss this serious issue with you regarding the abuse of children in our schools.

Sincerely,

Ange Hemmer

Protecting Students from Excessive/Improper Restraint

Webinar on Jan. 29, 2010

What:

Attorney Calvin Luker and Tricia Luker, presenters from The Respect ABILITY Law Center and Alliance to Prevent Restraint, Aversive Interventions and Seclusion. Both are long time activists to eliminate the use of seclusion, restraints and aversive interventions in public and charter schools. They'll provide strategies and skills for reducing excessive/improper use of restraints in schools.


When:
11 am - 1 pm. $40.00 to register.

To Register:
Reserve your attendance On-line, E-mail or Call:
Camille Skipper Watkins at The Training Institute
cwatkins@jaynolan.org or call (818) 361-6400, #140.

For more information and to register, please go here.

Failing Zakhqurey Price

Dear Readers,

Chances are you don’t know who Zakhqurey Price is or why it matters to you that this 11 year old boy was charged with a felony. And most likely, if you did see his name fly by as you scanned Facebook while drinking your morning coffee, the words “autism” “injured teacher” and “felony” alluded to a story that was disconcerting but not applicable enough to your own life to garner any further investigation. Besides, a lost virtual cow needed you now. If Zakhqurey Price was real news--important news--you’d catch it on your favorite newsmedia outlet, right?

Wrong. Although barraged by information and leads, larger media has yet to tackle Zakhqurey’s troubling story. This isn’t surprising since abusing children with disabilities is tolerated and justified by the general public. If you don’t believe me, peruse the online comments of the relatively few local and national stories dealing with the abuse of students with disabilities. If you need more evidence, take a look at the recently introduced federal legislation that is aimed at protecting school children from being involuntarily locked in rooms and restricted from moving. Yes, as evident by hundreds of stories of the misuse and abuse of seclusion rooms and restraint procedures in our public schools, we need a federal law to keep public schools from locking children with disabilities up in padded rooms, strapping them down in chairs, and pinning them onto the ground until they are no longer able to breathe.

I know where your mind is going now, at least if you are the general public. It’s the same place that will quietly beckon you once you read Zakhqurey’s story: These kids are dangerous. These practices are needed to keep everyone safe. Teachers shouldn’t have to put up with these kids. It’s a sad situation all around, but these kids aren’t my problem. And with these beliefs also come the less obvious but no less common opinions: Children with disabilities don’t belong in public schools. They aren’t capable of learning. These kids are a drain on the system.

Wrong again. Unfortunately children with disabilities, children like Zakhqurey Price, are all too often not given a chance to achieve their potential. They are instead intentionally set up to fail. These children are denied evaluations and refused adequate services, support, and accommodations. And when these children reach crisis after repeated systemic failure, unsafe methods such as seclusion and restraint are used as a first line intervention rather than as a last resort. As what happened in Zakhqurey’s case, these methods often escalate already distraught situations as children respond out of desperation, fear, and confusion. And finally, the “fight or flight” reactions of these frightened children then “justify” the schools’ responses of dangerous physical interventions in the name of treatment and/or safety. This perpetual cycle of failure and abuse at a minimum leaves children traumatized but also leads to injury, arrest, or death.

Unfortunately, Zakhqurey Price’s story does not end with the abuse of seclusion and restraint methods, but continues with unrelenting systemic failure and abuse. So what happens now? Will you tend to your virtual farm or will you instead pay attention to Zakhqurey Price, realizing that his story is happening everyday in our own backyards? We could stop this abuse from happening especially if we just took the time to notice it.

Ange Hemmer

Opinions on Recently Introduced Federal Legislation

December 18, 2009

Here are some personal opinions regarding the recently introduced federal legislation. Have an opinion posted somewhere? Send me a link and I'll add it here.

Autism, Seclusion and Restraint: http://www.aspieweb.net/autism-seclusion-restraint/

Do We Really Need to tell People not to hurt kids?????: http://www.iue.edu/blogs/integrate/?p=108

Seclusion and Restraint- An Update: http://crackedmirrorinshalott.blogspot.com/2009/12/seclusion-and-restraint-update.html

Prevent Harmful Seclusion and Restraint in Schools: http://astridvanwoerkom.wordpress.com/2009/12/10/prevent-harmful-seclusion-and-restraint-in-schools/

Proposed Law!: http://homeschoolnetc.blogspot.com/2009/12/proposed-law.html

NAA Action Alert: HR 4247‏

Originally sent through e-mail. If you do not wish to send communication through the National Autism Association, I will soon post addresses and phone numbers of key members of Congress.

Mailing Address:
National Autism Association
1330 W. Schatz Lane
Nixa, MO 65714
US

Contact Name: Wendy Fournier
Telephone Number: (877) 622-2884

Fellow parents at the National Autism Association feel the introduction of HR 4247, the Preventing Harmful Restraint and Seclusion in Schools Act, by Chairman George Miller (D-CA) and Cathy McMorris Rodgers (R-WA) is a critical and necessary start to ending dangerous, even deadly, restraint and seclusion practices in our special education classrooms.

A May 2009 government report revealed that our schoolchildren, most of whom are diagnosed with autism, were tied up, hand-cuffed to desks, duct-taped, locked in small closets and bathrooms for hours at a time, beaten, taunted, chemically and mechanically restrained and even smothered to death. Many of the children are or were nonverbal. Many of their parents were not notified of repeated incidents, until it was too late.

It’s extremely difficult to believe such abuse would be happening in this day and age. It’s even more disturbing to know that federal regulations currently do not exist to protect our children.

ALL PROGRESS MADE WITH ABA, SPEECH THERAPY, OT AND BIOMEDICAL INTERVENTIONS COULD BE DRASTICALLY REDUCED WITH JUST ONE ACT OF ABUSE.

WE NEED TO WORK TOGETHER AND ACT RIGHT NOW.

Please take two minutes to support long-overdue federal legislation that will serve to protect our most vulnerable schoolchildren.

Click here to ask committee members for their support – it’s quick and simple!

Also, if you are a constituent or have a relationship with Republican members on the Education and Labor Committee, please reach out to them and ask for their support in cosponsoring this bill.

If signed into law, the Preventing Harmful Restraint and Seclusion in Schools Act would:

*Prevent and reduce the use of physical restraint and seclusion in schools
*Protect students from physical or mental abuse
*Protect students from aversive behavioral interventions that compromise health and safety, including restraints that restrict airflow
*Prohibit any physical restraint or seclusion imposed solely for purposes of discipline or convenience
*Require parent notification within 24 hours
*Assist States, local educational agencies and schools in the areas of establishing policy; gaining tools, proper training & support; collecting and analyzing data; identifying and implementing effective evidence-based models to prevent and reduce physical restraint and seclusion in schools

Please click here to take this simple measure and ask for the support of HR 4247. You’ll make a substantial difference in protecting the lives of special needs children in their learning environment.

Sincerely,

The NAA Team

2010 Legislative Education Project and Customized Legislative Process Trainings

This is a great way to learn about the legislative process and sharpen your skills so that you can comfortably and self-confidently advocate regarding issues on restraint and seclusion and other disability issues.

MEMORANDUM

TO: All interested Persons

FROM: Donna Borgmeyer, Disability Program Specialist
Governor’s Council on Disability

RE: 2010 Legislative Education Project and
Customized Legislative Process Trainings

DATE: November [2009]

Just a reminder, the Governor's Council on Disability, the Statewide Independent Living Council (SILC) and MO Centers for Independent Living (MOCIL) will once again be sponsoring the Legislative Education Project. The agenda for the 2010 LEP will be the same as last year. LEP will be held from February through April. LEP will begin at 1:00 p.m. on Monday with training about the legislative process and how to communicate with policy makers. A tour of the Capitol will also be included on Monday afternoon. LEP participants will spend Tuesday and Wednesday meeting with legislators, attending committee hearings and working on their issues. Those new to the LEP must be accompanied by an experienced mentor. Those attending LEP will be expected to commit to staying three days in Jefferson City, Monday through Wednesday, with the option of staying Thursday as well.

Registration for 2010 LEP will be on line. Please go to the Governor’s Council web site and fill out the registration form.

http://www.disabilityinfo.mo.gov/gcd/LEP.shtml

http://www.disabilityinfo.mo.gov/gcd/pdf/LEPForm3Day.pdf

The start of the 2010 Legislative Session is just over a month away. The LEP sessions fill up quickly. We encourage your organization to sign up as soon as possible.

The schedule for the 2010 LEP trainings is as follows:

Legislative Education Project
2010 Schedule


Week 1 February 1 - 3, 2010
Week 2 February 8 - 10, 2010
Week 3 February 22 - 24, 2010
Week 4 March 1 - 3, 2010
March 4 - 15, 2010 (Spring Break, No LEP).
Week 5 March 15 - 17, 2010
Week 6 March 22 – 24, 2010
Week 7 March 29 - 31, 2010
Week 8 April 12 - 15, 2010
Week 9 April 19 – 21, 2010
Week 10 April 26 – 28, 2010


Participants will be scheduled on a first-come-first-serve basis. To schedule your organization for the LEP contact Donna Borgmeyer, Governor's Council on Disability, 1-800-877-8249 or Donna.Borgmeyer@oa.mo.gov

The schedule for the LEP will be available on the SILC web site at www.mosilc.org and the Governor’s Council on Disability web site at http://disabilityinfo.mo.gov/gcd/

Customized Legislative Process Trainings:

The Governor’s Council on Disability will once again offer customized trainings on the legislative process for those who are unable to commit to spending three days in Jefferson City. The one day training is only available on Tuesdays and requires a minimum of 7 participants per group. If there is a single individual request, the individual will join other participants to meet the minimum requirement. These trainings are only held in Jefferson City. For more information about the one day customized training contact Donna Borgmeyer donna.borgmeyer@oa.mo.gov or call 1-800-877-8249 or 573-751-2600. Registration for the Customized LEP can also be found on line at http://www.disabilityinfo.mo.gov/gcd/LEP.shtml


Donna Borgmeyer
Disability Program Specialist
Governor's Council on Disability
PO Box 1668
Jefferson City, MO 65109
(573) 751-2600
(800) 877-8249
donna.borgmeyer@oa.mo.gov
www.disabilityinfo.mo.gov

Dignity In Schools Campaign National Resolution - Please Circulate Widely and Sign on By Nov 25

Dear Fellow Advocates,

DSC members and supporters around the country have worked collaboratively to draft the National Resolution for Ending School Pushout to reframe the national dialogue on school climate and discipline within a human rights framework. We are committed to using this Resolution to hold our local schools, communities, district officials, and state and federal policy-makers accountable for creating caring school climates and positive approaches to discipline that guarantee the human right to education for all young people in the United States.

Click here to read the Resolution: http://www.dignityinschools.org/files/DSC_National_Resolution.pdf.

To sign on, please e-mail your name or the name of your organization as you would like it to appear on the Resolution to resolution@dignityinschools.org by November 25.

By adding your signature to this Resolution, you will join individuals and organizations around the country that are challenging injustice in our nation's schools and taking action to effect change.

We are organizing a national release of the Resolution in early December 2009 with coordinated activities around the country. Through these activities, we will engage communities and participate in a national radio program, in addition to local media outreach. Contact me at resolution@dignityinschools.org to join this national effort. The release will only be the beginning of ongoing action and advocacy in 2010!

The process of drafting this Resolution began over a year ago when we created a series of questions to ask youth, parents, advocates and educators about what must be done to end pushout and protect students' human rights to education and to dignifying learning environments. We posed these questions to communities around the country, summarized the responses, and presented a draft to attendees at the first DSC conference in June 2009 Conference attendees provided detailed feedback to improve and enrich the content of the Resolution. You can learn more about the conference at. http://www.dignityinschools.org/national-conference.

Sincerely,

Anna Lambertson
Core Group Member, Dignity in Schools Campaign

DESE Meeting Regarding Seclusion and Restraint Model Policy

November 18, 2009
E-mail

Hello,

First, let me apologize for being quiet on the issues of restraint and seclusion over the past several months...homeschooling my two boys does not allow for much time or energy elsewhere!

I wanted to alert you that it appears as if the legislation passed last session regarding restraint and seclusion (http://www.moga.mo.gov/statutes/c100-199/1600000263.htm) was written and is being interpreted as applying to all students, not just special education students. In the June SEAP meeting minutes (http://dese.mo.gov/divspeced/Administration/AdvisoryPanel/94142mainpage.html), it is noted that "The policy will not be specific to students with disabilities....If the panel would like to share input or make recommendations to DESE specific to students with disabilities, they are welcome to do so or if there is a draft policy, they may want to review and make recommendations at that time."

The statute also allows these procedures to be used as discipline or behavior management, and not just in case of "imminent harm" or in an emergency. Granted it says being “locked” in a room unsupervised isn't allowed, but I believe this will be interpreted as 'mechanical lock' and that egress can still be blocked and/or doors can still be held shut while someone ‘supervises’ intermittently through a tiny window.

I contacted one of the co-chairs Tom Quinn Assistant Commissioner Career Education (Cynthia Quetsch, Legal Counsel, Division of Special Education, is the other co-chair) and was informed that the first meeting regarding the restraint and seclusion model policy had not yet occurred and would be this Thursday, November 19, 2009. I was told this was an open meeting, where observers were allowed to attend. I was unable to confirm who the other attendees will be, but noticed on the agenda that someone from CPI (http://www.crisisprevention.com/) will be presenting and the agenda doesn’t appear to discuss PREVENTION (see attachments). Invitees were also sent position statements from The Council for Children with Behavioral Disorders, which do go into detail about the need for prevention.

I have two major concerns (outside of the fact that districts do not have to implement this model policy or that there are not any repercussions for abusing restraint and seclusion):

1) If the model policy only addresses WHY, WHEN, and HOW to restrain or seclude, we are once again setting our children up to fail. Behaviors should not be addressed only when they reach crisis levels. Where does prevention, support, accommodation, modification, etc. fit into this?

2) Will districts use language such as “unless instructed/allowed otherwise in a students IEP” that forbids certain practices unless they are specified in a student’s IEP. Restraint and seclusion (I am not referring to limited time out or self-directed isolation) should not be allowed as discipline or treatment, and an (unbalanced) IEP team (that often does not enlist a behavioral therapist or other expert in this area) should not be able to off-handedly make these a part of a student plan. In other words, a parent should not have to go to due process to keep these practices (as discipline or treatment) from being used on their children or feel coerced or misled into believing it is the ‘only option’.

Were you invited to participate or observe in the model policy meeting on THIS THURSDAY November 19? If so, please let me know. Even if you weren’t “invited”, please join me as an observer (I invited myself!) to make our presence known. We need to make sure children in special education aren't ignored since they are the population most at risk. Since special education students have been the population abused and mistreated by restraint and seclusion, I want to make sure we stay involved.

Meeting is from 9 AM to 4PM in the State Board Room at the Jefferson building. Apparently observers sit in a different area than participants (I’ve never done this before). I hope to see you there. If not, I will publish my notes at: http://nomoseclusion.blogspot.com/

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

Secretary of Education Advises School Officials about Seclusion and Restraint Reforms

Washington DC, July 31, 2009

July 31, 2009

Dear Chief State School Officers:

On May 19, the Education and Labor Committee in the U.S. House of Representatives held a hearing to examine the abusive and potentially deadly misapplication of seclusion and restraint techniques in schools. Related to this hearing was the testimony issued on the same day by the Government Accountability Office on “Seclusions and Restraints: Selected Cases of Death and Abuse at Public and Private Schools and Treatment Centers.” The testimony is available on the Internet at the following Web address: http://www.gao.gov/new.items/d09719t.pdf.

I was deeply troubled by the testimony, as I am sure you would have been. As education leaders, our first responsibility should be to make sure that schools foster learning in a safe environment for all of our children and teachers. Therefore, I am encouraging each State to review its current policies and guidelines regarding the use of restraints and seclusion in schools to ensure every student is safe and protected, and if appropriate, develop or revise its policies and guidelines.

My home State of Illinois has what I believe to be one good approach, including both a strong focus upon Positive Behavior Intervention and Supports (PBIS) as well as State regulations that limit the use of seclusion and restraint under most circumstances (see http://www.isbe.state.il.us/rules/archive/pdfs/oneark.pdf). The State’s requirements, which I found to be extremely helpful as chief executive officer of the Chicago Public Schools, were described in testimony at the hearing. Illinois prohibits the use of seclusion or restraint for the purpose of punishment or exclusion, and allows trained staff to restrain students only in narrow circumstances. The State allows the use of isolated time out or physical restraint only in situations when it is absolutely necessary to preserve the safety of self or others; includes rules that must be followed when these techniques are used; and requires documentation of each incident to be provided to parents within 24 hours. Several other States have also adopted effective seclusion and/or restraint policies, but there are many jurisdictions that have not, leaving students and teachers vulnerable.

Approximately 8,000 schools across the country are already implementing PBIS, a systems approach to establishing the social culture needed for schools to achieve social and academic gains while minimizing problem behavior for all children. PBIS provides a framework for decision making that guides the implementation of evidence-based academic and behavioral practices throughout the entire school, frequently resulting in significant reductions in office disciplinary referrals, suspensions, and expulsions. While the successful implementation of PBIS typically results in improved social and academic outcomes, it will not eliminate all behavior incidents in a school. However, PBIS is an important preventative approach that can increase the capacity of the school staff to support children with the most complex behavioral needs, thus reducing the instances that require intensive interventions.

The American Recovery and Reinvestment Act provides significant one-time resources that districts can use to implement a school-wide system of PBIS. Districts could, consistent with program requirements, use funds provided for the State Fiscal Stabilization Fund, Title I of the Elementary and Secondary Education Act, the Individuals with Disabilities Education Act, and State and local funds to provide professional development, develop data systems, and offer coaching to establish and sustain these programs. The Department’s Office of Special Education Programs funds the Center on Positive Behavioral Interventions and Supports, with a Web site (http://www.pbis.org/) where additional information and technical assistance on PBIS can be obtained free of charge.

I urge each of you to develop or review and, if appropriate, revise your State policies and guidelines to ensure that every student in every school under your jurisdiction is safe and protected from being unnecessarily or inappropriately restrained or secluded. I also urge you to publicize these policies and guidelines so that administrators, teachers, and parents understand and consent to the limited circumstances under which these techniques may be used; ensure that parents are notified when these interventions do occur; and provide the resources needed to successfully implement the policies and hold school districts accountable for adhering to the guidelines.

I encourage you to have your revised policies and guidance in place prior to the start of the 2009-2010 school year to help ensure that no child is subjected to the abusive or potentially deadly use of seclusion or restraint in a school. I have asked Fran Walter of our Office of Elementary and Secondary Education to work with staff from our regional Comprehensive Centers to contact your office by August 15, to discuss the status of your State’s efforts with regard to limiting the use of seclusion and restraint to protect our students. During this contact, we expect to discuss relevant State laws, regulations, policies, and guidance that affect the use of seclusion and restraint, and any plans for further development or revisions. We expect to post the results of these discussions on the Department’s Web site to assist in the sharing of information that will help protect our students.

...Thank you for your cooperation on this important topic.

Sincerely,

Arne Duncan

Copy and paste URLs:

Testimony: http://www.gao.gov/new.items/d09719t.pdf
Illinois State Regulations: http://www.isbe.state.il.us/rules/archive/pdfs/oneark.pdf
Center on Positive Behavioral Interventions and Supports: http://www.pbis.org/

Every Story Matters (Yes, even yours!)

COPAA, May 28, 2009

Dear Disability Community Members,

The House Committee on Education and Labor is collecting stories about restraint, seclusion, and other forms of abusive interventions in schools. Many of you submitted these stories to COPAA and we provided them to the Committee. The stories are very important because they show the extent of schoolhouse abuse in America and that this is a problem that affects us all....everywhere. We encourage you to submit your stories to the House Committee on Education and Labor at
seclusion-restraint-hearing@mail.house.gov

Please be sure to include your complete contact information, or at least your email address and city, state, and zip code. They will use them as they work in support of legislation to remedy the abuse of children in school. Every child’s dignity and human rights must be protected.

We would also ask that you forward a copy to us at COPAA or CC us, jessica@copaa.org

COPAA continues to need your stories for our grassroots advocacy and advocacy in Congress, including in the Senate. Stories can have a huge impact in this way. Any bill must pass both House and Senate and we need to be able to share your stories in the Senate. (As always, COPAA will NOT share your personal identifying information, such as your name, email, address, etc. without your permission first. You can see our report, http://www.copaa.org/news/unsafe.html to see the kinds of summaries we create) COPAA does have a separate reporting form that you can use,
http://www.surveymonkey.com/s.aspx?sm=kbizom_2bCU27wrYCCRv7R7w_3d_3d
but its okay to just send a copy of the email that you send to the House Committee to jessica@copaa.org.

If you already reported your story to COPAA or to the GAO, we ask you to also email the House Committee and thank them for their work and bringing attention to this important issue. You may wish to summarize your story again.

Please distribute this email broadly and share it with any lists, clients, colleagues, and anyone you wish.


Thank you very much,
Jessica Butler
Government Relations Co-Chair (for Congressional Affairs)
Council of Parent Attorneys & Advocates, Inc.
a national voice for special education rights and advocacy
www.copaa.org
email: jessica@copaa.org

Education Bill Containing Seclusion Language Passes

Missouri, May 14, 2009

A comprehensive education bill that contains language regarding the use of seclusion rooms has passed. This bill moved extremely fast.

Unfortunately this language is not what we would like to see. We recommend legislation that includes all the provisions recommended by the NDRN report and will continue to advocate for such.

House Committee Substitute No. 2 for Senate substitute for Senate Bill No. 291

Section dealing with seclusion:

160.263.
1. The school discipline policy under section 160.261 shall prohibit
2 confining a student in an unattended, locked space except for an emergency situation while
3 awaiting the arrival of law enforcement personnel.
4 2. By July 1, 2011, the local board of education of each school district shall adopt
5 a written policy that comprehensively addresses the use of restrictive behavioral
6 interventions as a form of discipline or behavior management technique. The policy shall
7 be consistent with professionally accepted practices and standards of student discipline,
8 behavior management, health and safety, including the Safe Schools Act. The policy shall
9 include but not be limited to:
10 (1) Definitions of "restraint", "seclusion", and "time-out" and any other
11 terminology necessary to describe the continuum of restrictive behavioral interventions
12 available for use or prohibited in the district;
13 (2) Description of circumstances under which a restrictive behavioral intervention
14 is allowed and prohibited and any unique application requirements for specific groups of
15 students such as differences based on age, disability, or environment in which the
16 educational services are provided;
17 (3) Specific implementation requirements associated with a restrictive behavioral
18 intervention such as time limits, facility specifications, training requirements or
19 supervision requirements; and
20 (4) Documentation, notice and permission requirements associated with use of a
21 restrictive behavioral intervention.
H.C.S.#2 S.S. S.B. 291 73. The department of elementary
22 and secondary education shall, in cooperation
23 with appropriate associations, organizations, agencies and individuals with specialized
24 expertise in behavior management, develop a model policy that satisfies the requirements
25 of subsection 2 of this section by July 1, 2010.

Summary:

USE OF SECLUSION ROOMS: This act requires school district discipline policies to prohibit confining a student in an unattended, locked space except for an emergency situation while awaiting the arrival of law enforcement personnel. By July 1, 2011, each school district must adopt a written policy that addresses the use of restrictive behavioral interventions as a form of discipline or behavior management technique, as described in the act. The Department of Elementary and Secondary Education must develop a model policy by July 1, 2010 in cooperation with associations, organizations, agencies, and individuals with specialized expertise in behavior management.

This provision identical to a provision contained in HCS/SB 79 {passed senate as well as house education committee, currently in house rules committee} and is similar to SB 445 {2nd read and referred to committee – no hearing was ever scheduled}. (Section 160.263)

COPAA FAQ: Restraint/Seclusion: Hearings, Legislation, and Beyond

Q: What hearing is being held? When and Where?

On Tuesday, May 19, Congressman George Miller, Chair of the House Education and Labor Committee will convene hearings, "Examining the Abusive and Deadly Use of Seclusion and Restraint in Schools" at 10:00 a.m. Eastern time in Room 2175 Rayburn House Office Building. More information about the hearings will be available here: http://edlabor.house.gov/hearings/2009/05/examining-the-abusive-and-dead.shtml

Q: What are the hearings about?

The hearings will focus on the use of restraint and seclusion in schools. Each year, children across America are subject to these techniques. They are forced to the ground, placed in prone restraint, strapped or tied in chairs and other devices. They are forced into locked isolation rooms. They are subject to other aversive interventions. They are killed, injured, and suffer great psychological injury.

Q: How can members of the public access the hearing?

The hearing is open to the public, but there may be long lines to attend. Plan to arrive early and be sure to leave time to clear security. The hearing will also be webcast, meaning that you can view it on your computer. We are still waiting to find out if it will be webcast at the same time the hearings occur, or available afterwards. There will also be a transcript of the hearing. More information will be available at the link above or the main page for the Committee, http://edlabor.house.gov/

Q: How does the hearing fit together with getting laws passed to protect children from restraints and seclusion? Should parents start lobbying right away? What can parents do?

The hearings are the first step in passing legislation to protect children from abusive interventions. They are designed to call attention to the issues and communicate information to the public and Congress in a compelling way. Later, legislation will be drafted. Any bill must pass both the House of Representatives and the Senate and be signed by the President to become law. In many states, bills move quickly from a hearing date to passage. It takes longer in the U.S. Congress. Parents and advocates will need to come together and work hard over the next several months to pass a bill that protects all children in this country. There will be time to do this; lobbying does not have to happen on the day of the hearing.

Q: What is the topic of the hearing? Who are the witnesses? How are the hearing witnesses chosen?

The hearings will focus on restraints and seclusion in school. One part of the hearing will likely be the Government Accountability Office's (GAO) forthcoming report on restraints and seclusion. The hearing will likely also include testimony from families whose children have been hurt by restraints and seclusion. Hearing witnesses are selected by the Committee having the hearing. The Committee may look at many factors, including which witnesses will have the greatest impact or make a particular point. Because restraint and seclusion are so pervasive, the Committee probably had many highly-qualified potential witnesses across the country and had to winnow it down to 2 or 3. But even though the hearings attract attention, the real goal here is to pass a bill that will protect children everywhere, regardless of the state they live in. Together, we can do this, as long as we keep our eye on this ball.

Q: Who are the players here? What are the Congressional Committees and how do they interact with the GAO?

The House Committee on Education and Labor is responsible for issues in the House of Representatives that affect children with disabilities, http://edlabor.house.gov . The Chairman is George Miller and the Ranking Member is Buck McKeon. The House Committee will hold these hearings. The Committee will also initiate the legislation in the House. The Senate Health Education Labor and Pensions Committee, http://help.senate.gov/ , is the Senate counterpart to the House Committee. After legislation is passed by the House, it will move to the Senate. The Government Accountability Office (GAO) is an independent, nonpartisan agency that conducts investigations for Congress. Its reports and investigations are often requested by the Committees but the GAO does its own work. The GAO website is here: http://www.gao.gov/index.html . The GAO report is not yet publicly available. Once it is available, it will likely be on the House Education and Labor website and the GAO's website.

Q: I'm new to this. How do I find out more information about Congress and how bills become laws?

COPAA has a basic summary of the Congressional process on its webpage, http://www.copaa.org/publicpolicy/congress-overview.php You can also read more detailed information on the House website at http://www.house.gov/house/Educate.shtml (Bored with this? Try Schoolhouse Rock from the 1970s"I'm just a bill".... http://www.youtube.com/watch?v=mEJL2Uuv-oQ)

Q: What is COPAA? What did its report on restraint and seclusion find?

The Council of Parent Attorneys and Advocates (COPAA) is a national nonprofit organization of parents, advocates, and attorneys who work to protect the civil rights of children with disabilities and ensure that they receive appropriate educational services. We have over 1200 members in 47 states and the District of Columbia. In the last 3 months, we conducted a survey that identified nearly 150 cases in which children were subjected to aversive interventions. It is here:

http://www.copaa.org/news/unsafe.html
We received reports of children subject to prone restraints; injured by larger adults who restrained them; tied, taped and trapped in chairs and equipment; forced into locked seclusion rooms; made to endure pain, humiliation and deprived of basic necessities, and subjected to a variety of other abusive techniques.


Of the survey respondents, 71% had not consented to the use of aversive interventions; 16% had, but many believed the interventions would only be used in limited circumstances where there was an imminent threat of injury.. Moreover, 71% reported that the children in involved did not have a research-based positive behavioral intervention plans; 10% did (but parents often said that the plan was not followed). 84% of children restrained were under 14 years of age, with 53% aged 6-10. The use of abusive interventions primarily occurred in segregated disability-only classrooms or in private seclusion rooms, away from the eyes of witnesses, with only 26% of the respondents reporting incidents in the regular classroom.



Almost every disability category was represented: Autism/Asperger’s Syndrome (cited by 68% of the survey respondents), ADD/ADHD (27%); Developmental Delay, Emotional Disturbance, Intellectual Disability and Speech/Language Impairment (14%-20% of respondents); Specific Learning Disabilities (11%), and others. Many parents also indicated that their children had Down Syndrome, epilepsy, Tourette Syndrome and other specific conditions. The COPAA report is here: http://www.copaa.org/news/unsafe.html


Q: COPAA is a member of APRAIS. What is APRAIS?

APRAIS is The Alliance to Prevent Restraint, Aversive Interventions, and Seclusion. Its members include many nonprofit organizations, including the Arc, Association of University Centers on Disabilities, the Autism National Committee, the Autistic Self Advocacy Network, the Bazelon Center for Mental Health Law, COPAA, Children and Adults with Attention Deficit/Hyperactivity Disorder, the Family Alliance to Stop Abuse and Neglect, the National Alliance on Mental Illness, the National Association of Councils on Developmental Disabilities, the National Alliance on Mental Illness, the National Disability Rights Network, the National Down Syndrome Congress, the National Down Syndrome Society, the RespectABILITY Law Center, and TASH. For more information on APRAIS, visit www.aprais.tash.org.

Q: How can I find out more about restraints, seclusion, and positive behavioral interventions?

Visit the website of APRAIS, www.aprais.tash.org. There are many useful materials there, including publications, calls to action, and information for parents and those who advocate on disability issues. Another great source is the Association for Positive Behavior Support, http://www.apbs.org/
If you are seeking practice materials for attorneys and nonlawyer advocates who work to protect individual children, COPAA will be publishing legal educational materials later this year, as previously announced. These will help practitioners combat abuse and prepare them to work with individual families. The materials are not yet available.

Please feel free to reprint and re-post this FAQ in full or in part, but you should credit it to the Council of Parent Attorneys and Advocates (COPAA), and provide a link to our website, www.copaa.org. Thank you very much..

Jessica Butler
Government Relations Co-Chair (for Congressional Affairs)
Council of Parent Attorneys & Advocates, Inc. (COPAA)
A National Voice for Special Education Rights and Advocacy
www.copaa.org
email: jessica@copaa.org

COPAA Releases Report

COPAA, May 5, 2009

COPAA RELEASES REPORT DETAILING 143 INCIDENTS OF AVERSIVE INTERVENTIONS IN SCHOOL PROGRAMS: In Majority of Cases, Parents Had Not Consented, Schools Did Not Provide Comprehensive Positive Behavioral Intervention Plans

May 5, 2009

The Council of Parent Attorneys and Advocates, Inc. (COPAA) today released a report asking Congress to stop the use of restraints, seclusion, and aversives upon children with disabilities in school. The report entitled, Unsafe In The Schoolhouse: Abuse Of Children With Disabilities, details 143 incidents of the use of abusive interventions against children with disabilities in school. The report also includes suggested legislative remedies.

The Council of Parent Attorneys and Advocates (COPAA) is a national nonprofit organization of parents, advocates, and attorneys who work to protect the civil rights of children with disabilities and ensure that they receive appropriate educational services. We have over 1200 members in 47 states and the District of Columbia. Our members see the successes and failures of special education through thousands of eyes, every day of every year.

No child should be subject to abuse in the guise of education. Every child’s dignity and human rights must be respected. Abusive interventions are neither educational nor effective. They are dangerous and unjust. Congress should act swiftly to adopt national legislation to protect children with disabilities. Thirty miles and a state border should not determine whether a child receives comprehensive protection or little protection.

In March-April 2009, we conducted a survey that identified 143 cases in which children were subjected to aversive interventions. We received reports of children subject to prone restraints; injured by larger adults who restrained them; tied, taped and trapped in chairs and equipment; forced into locked seclusion rooms; made to endure pain, humiliation and deprived of basic necessities, and subjected to a variety of other abusive techniques. The most recent report involved events revealed only in the last month: a father learned that his 8 year old son was restrained 60 times over a 9-10 month period.

Of the survey respondents, 71% had not consented to the use of aversive interventions; 16% had, but many believed the interventions would only be used in limited circumstances where there was an imminent threat of injury. Moreover, 71% reported that the children in involved did not have a research-based positive behavioral intervention plans; 10% did (but parents often said that the plan was not followed). 84% of children restrained were under 14 years of age, with 53% aged 6-10.

The use of abusive interventions primarily occurred in segregated disability-only classrooms or in private seclusion rooms, away from the eyes of witnesses, with only 26% of the respondents reporting incidents in the regular classroom. Almost every disability category was represented: Autism/Asperger’s Syndrome (cited by 68% of the survey respondents), ADD/ADHD (27%); Developmental Delay, Emotional Disturbance, Intellectual Disability and Speech/Language Impairment (14%-20% of respondents); Specific Learning Disabilities (11%), and others. Many parents also indicated that their children had Down Syndrome, epilepsy, Tourette Syndrome and other specific conditions.

Among the incidents of abuse reported to COPAA are these:

9 year old boy with autism in Tennessee was restrained face-down in his school's isolation room for four hours. One adult was across his torso and another across his legs, even though he weighed only 52 pounds. His mother was denied access to him, as she heard him scream and cry. He received bruises and marks all over his body from the restraints. He was released to his mother only after she presented a due process hearing notice under the IDEA.

The teacher of a 15 year old Californian with Down Syndrome reported to his parents that he had been confined inside a closet with an aide as in-school suspension. The teacher was concerned about the confinement and believed it to be wrong. Although the child had a behavioral intervention plan, the school district did not follow it. He was in the closet all day. He was only allowed out to go to the bathroom, causing extreme humiliation as he walked in front of his classmates.

An 11 year old South Carolinian girl was being restrained with beanbags on the floor, and the school attempted to use a straightjacket restraint on her. As a result of advocacy by her attorneys, the restraints were terminated. Her curriculum was changed to be more age appropriate because her behaviors likely resulted from being bored with curriculum. A new crisis plan was put into place to avoid restraint: if the student became aggressive toward staff, the staff would break away from the student and briefly leave the classroom. Using this plan, the child quickly calmed down and went to her desk area. Previously, the school district had requested that the parent take the child home early on regular basis; parents report this has not happened for the last 2 months. With the new behavioral plan, the child has made substantial progress in school.
The report includes a summary of all 143 incidents.

COPAA applauds the school teachers, personnel, administrators, and education leaders who join us in rejecting the use of restraints, seclusion, and aversives and in providing Positive Behavioral Supports (PBS). At the same time, we stress the importance of adopting effective laws to keep children safe. These include mandatory PBS, statutory prohibitions on the use of restraints, seclusion, and aversives, and strong enforcement mechanisms to hold school district accountable for violations.

Congress should act immediately to ban prone and mechanical restraints, all restraints that interfere with breathing, locked seclusion rooms, and the application of painful aversives. In addition, physical restraint may only be permitted when there is an imminent threat of serious injury to self or others. School districts and their personnel must be held accountable for any violations of the law, and parents must have all legal remedies to pursue justice. All children must receive comprehensive positive behavioral intervention plans, and schools must provide training on PBS, the harms of aversive interventions, and the applicable legal requirements. Schools must also monitor and report the number of aversive interventions. The public policy recommendations are discussed in greater detail in the full report.

The full report, including the 143 incidents of abusive interventions in school and COPAA’s legislative recommendations, is available here.

We salute all organizations, parents, advocates, and professionals who have long worked to combat the use of aversive interventions. In particular, we wish to recognize the members of The Alliance to Prevent Restraint, Aversive Interventions and Seclusion (APRAIS), to which COPAA belongs. We thank every person who reported an incident of abuse to COPAA and we thank everyone who publicized the survey; it is your work that made this possible. Special thanks to COPAA members Doug Loeffler, Diane Willcutts, Becca Devine, and Kathleen Loyer for helping summarize the 143 incident reports, Marcie Lipsitt for proofreading, and to Bob Berlow, Leslie Seid Margolis, Judith Gran, and Denise Marshall for their analytical assistance in reviewing drafts of the report.

--Jessica Butler
Government Relations Co-Chair (Congressional Affairs)
Council of Parent Attorneys & Advocates, Inc. (COPAA)
(410)372-0208
govrelations@copaa.org

*****

Copy and paste URLs:
http://www.copaa.org/news/unsafe.html
http://www.copaa.org/pdf/UnsafeSchoolhouseCOPAAwithAppendixMay09.pdf

Seclusion Room or Sensory Room?

School's Option



Our Option





If you say our room reinforces the behavior, then you are implying a seclusion room is being/should be used as a punishment or for behavior modification, not solely to "help the child regain composure" or for "safety".

Schools should not be allowed to make these decisions, especially when they do not have the proper education, training, and/or experiences.

*****

Copy and paste URL: http://www.nasmhpd.org/ntac.cfm

Thank You: SB445

Missouri, 2/26/09

Senator Rupp and Senator Schmitt,

Thank you so much for meeting with me on Wednesday 2/25/09 regarding Senate Bill 445 and the abuse and misuse of seclusion rooms and restraint happening in our schools. I was thankful to have the opportunity to share our family's story as well as communicate situations that are occurring, which other families and school staff are too afraid to bring forward.

As I stated in the meeting I have two concerns regarding SB445 as it is currently proposed: 1) many times seclusion rooms are not mechanically locked, but the doors can be blocked/held shut by person(s) and 2) banning seclusion rooms without replacing them with other positive and evidence-based methods could lead to further issues.

Also, please note the following, as addressed in the materials shared with you on Wednesday:
• at no time, should prone restraints be used.
• limited restraints should only be used as a last resort when a child or others are in immediate danger.
• the use of seclusion rooms should be banned.
• students exhibiting challenging behavior are trying to communicate that something is wrong.
• school personnel need the tools to effectively implement evidence based practices to include the use of positive behavior supports.

Please let me know if there is anything else I can do to assist you in moving forward with this legislation. I greatly appreciate Senator Rupp bringing this legislation forward and forcing this seclusion and restraint issue out into the open so that it doesn't continue percolating beneath layers of system failure. I, for one, do not believe a system's failure is justification to abuse or mistreat individuals, especially those with disabilities.

Sincerely,
Ange Hemmer
Missouri: Families Against Seclusion and Restraint
http://nomoseclusion.blogspot.com/

Perpetuating the Stereotype of a child with a Disability: Dangerous Child? Explosive Child? Imminent Harm?

Letter from Superintendent:

A timeout room is used on rare occasions when a student with a disability is a danger to himself/herself or others. It is used as a last resort and is never used as a form of punishment.

From Time-out Procedure provided in 2008:

A student is placed in the time out room contingent upon severely disruptive, out of control behavior.

These are two of the seclusion room incident reports that I was given once I knew to ask for them (names of staff removed for privacy).




Used as a last resort when the child was out of control and a significant threat to others? You be the judge...the child was in kindergarten at the time.

Francis Howell: Letter to Parents

Missouri, February 26, 2009

Dear Parent/Guardians:

Many of you may have seen the recent coverage about seclusion or timeout rooms in schools. I realize that most parents would have no experience with the use of a timeout room so I wanted to provide you with some additional information regarding timeout rooms in the Francis Howell School District.

A timeout room is used on rare occasions when a student with a disability is a danger to himself/herself or others. It is used as a last resort and is never used as a form of punishment. Timeout rooms are only for students who have specific needs included in their Behavior Intervention Plan (BIP) or Individual Education Program (IEP). These plans are written by a team that includes the student’s parents and teachers. If your child does not have the use of a timeout room in a plan that you helped write, your child would never use a timeout room.

Before using the timeout room, educators are expected to use other techniques to calm a disruptive student. Techniques vary by student but could include using the following before a timeout room is used:

·Ignoring negative behavior

·Talking with a student to calm him or her

·Letting the student get a drink of water or to go for a short walk with a paraprofessional

·Redirecting the student to another activity

·Removal of reinforcing stimulus conditions by allowing the student to go to a different environment for a few minutes

·Time to rethink his or her behavior

·Exclusion from the classroom activity

Additionally, any professional working with a student with an IEP, that includes timeout as part of the behavior plan, has received training in Crisis Prevention Intervention.

Timeout rooms in FHSD are properly lighted and ventilated, free of fixtures with which students could harm themselves, contain a shatter proof window in the door so students can be monitored, do not have locks, and include padding to protect the student from injuring themselves. The school logs the name of every student placed in the timeout room and length of time spent in the room. While the student is in the timeout room, a staff member makes a note on the log every 3-5 minutes about how the student is responding to the timeout. When a student is placed in the timeout room the parents are also notified.

Francis Howell's timeout room procedures have been reviewed by the Children's Division of the State Department of Social Services.

The District believes that it is important to keep all kids safe and to follow individualized plans to meet the needs of students with disabilities. I hope this information is helpful. If you would like more information, please call 636-851-4060.


Sincerely,

Dr. Renée Schuster

Superintendent