URGENT FEDERAL BILL NEWS ALERT - The House Votes on Wednesday so we need to make calls on Monday 3/1 and Tuesday 3/2! Please send this out to all your contacts!!!
ASK CONGRESS: VOTE YES FOR HR 4247, THE PREVENTING HARMFUL RESTRAINT AND SECLUSION IN SCHOOLS ACT!! This week, the House of Representatives will vote on the Preventing Harmful Restraint and Seclusion in Schools Act (HR 4247). CALL YOUR CONGRESSIONAL REPRESENTATIVE THIS WEEK (MONDAY 3/1 AND TUESDAY 3/2 ARE BEST) AND ASK THEM TO VOTE FOR THE BILL. Dial 202-224-3121 (TTY 202-225-1904) and ask for your Representative’s office. See instructions below. Please get your friends and family to call, too!
1) To Find Out Who Your Congressional Representative is go to http://www.house.gov/ top left side of the page and enter your zip code +4 extra zip numbers. (You can find your +4 numbers on the front of your phone or electric bill next to your zip code) You can call your Representative directly or you can call the switchboard number above and ask them to connect you.
2) Call and ask your Representative to VOTE FOR H.R. 4247, the Preventing Harmful Restraint and Seclusion in Schools Act. Also tell your Representative to vote against any amendment that would weaken the bill. If you are unable to call due to disability or other reason, send an email on Monday morning. Calls are very important, though. They immediately show that voters want action. When you call or write, be sure to include the bill’s name, “The Preventing Harmful Restraint and Seclusion in Schools Act,” and its number (H.R. 4247). Also be sure to include your city or town, so they know you are a constituent. The House of Representatives will vote on the bill this week, so its important to call early in the week.
WHY SUPPORT HR 4247? IT IS AN IMPORTANT BILL THAT WILL PREVENT SCHOOLS FROM USING ABUSIVE TACTICS ON SCHOOL CHILDREN. The Preventing Harmful Restraint and Seclusion in Schools Act (HR 4247) is a bill that will stop schools from restraining children, confining them in seclusion rooms, and using aversive interventions to harm them. A Government Accountability Office study found hundreds of cases of alleged abuse and death from restraint and seclusion in public and private schools over the last two decades. Examples included a 7 year old who died after being held face down for hours by school staff; 5 year olds allegedly being tied to chairs with bungee cords and duct tape by their teacher and suffering broken arms and bloody noses; and a 13 year old who hanged himself in a seclusion room after prolonged confinement. The majority of students in the GAO study had disabilities.
HR 4247 will create a minimum level of protection for schoolchildren that all states must meet or exceed. Currently, 23 states have laws with weak or no protections. HR 4247 will prohibit restraint and locked seclusion of schoolchildren unless there is an imminent risk of physical injury that less restrictive interventions would not stop. It will forbid using these abusive techniques as punishment and behavior modification, and to deal with educational disruption and the like. Positive behavioral interventions are the appropriate ways to deal with disruptive behavior. HR 4247 is designed to encourage schools to use positive interventions and de-escalation, instead of abusive tactics. The bill prohibits schools from using mechanical and chemical restraints or restraints the impede breathing. Schools must notify parents within 24 hours if their child is restrained or secluded; schools will not be able to hide abuse any more. The bill bans aversives that hurt health and safety, such as using electric shock, forcing foul substances into the mouth, eyes, or nose of children, denying them food, water and access to the bathroom; and similar actions designed to cause severe pain and trauma.
HR 4247 will protect all students, whether in private or public school. Many children with disabilities are placed in private schools by school districts and they should not lose vital health and safety protections. Other parents choose to send their children to private school for religious or other reasons; they should not be forced to give up protections from abuse. When you call, please ask your Representative to vote against any amendment to exclude private schools from the bill.
For more information about the dangers of restraint and seclusion and H.R. 4247, see http://edlabor.house.gov/blog/2009/12/preventing-harmful-restraint-a.shtml and http://edlabor.house.gov/blog/2010/02/myth-vs-fact-preventing-harmfu.shtml
PLEASE FORWARD AND SHARE THIS ALERT BROADLY.
Barbara R. Trader, MS
Executive Director
TASH: Equity, Opportunity, and Inclusion for People with Disabilities Since 1975
1025 Vermont Ave, NW 3rd Floor
Washington , DC 20005
202-540-9013
btrader@tash.org
www.tash.org
Phyllis Musumeci
Parent Advocate/Founder
Families Against Restraint and Seclusion
http://familiesagainstrestraintandseclusion.blogspot.com/
Florida Families Against Restraint and Seclusion
http://floridafamiliesagainstrestraint.blogspot.com/
Learn More, Get Involved
Questions, comments, concerns, ideas? Have a personal story to share? Email me at nomoseclusion AT gmail DOT com.
URGENT FEDERAL BILL NEWS ALERT - The House Votes on Wednesday so we need to make calls on Monday 3/1 and Tuesday 3/2!
February 26, 2010 - Join the National Call-In Day to Prevent Restraint and Seclusion!
Dear Friends,
On behalf of APRAIS (the Alliance to Prevent
Restraint, Aversive Interventions and Seclusion), TASH encourages you to contact
your congressional representatives during our National Call-In Day on February
26, 2010 and tell them to support the FEDERAL BILL - Preventing Harmful
Restraint and Seclusion in Schools Act (H.R. 4247, S. 2860).
Recently,
the House Committee on Education and Labor voted H.R. 4247 out of committee with
a vote of 35 to 10. Your hard work has certainly made a difference, but we need
your continued efforts to advance this important legislation. Specifically, we
need your assistance to get the bill moved to the floor for a full House vote
and to obtain Co-sponsors for the Senate version, S. 2860.
Senator Chris
Dodd (D-CT) introduced the Preventing Harmful Restraint and Seclusion in Schools
Act in the Senate, but we need to increase the number of Senate Co-Sponsors and
get this bill out of committee as soon as possible. Once passed, this
legislation will provide students with and without disabilities vital
protections against abuse in schools.
WHAT YOU CAN DO:
Ask your Congressional Representative to Co-sponsor H.R. 4247 and your
Senators to Co-Sponsor S. 2860 on Friday, February 26th!!
To find out
the names of your US Senators and Representative, click http://www.blogger.com/www.congress.org
Dial the Capitol Switchboard at 202-224-3121 and ask for the offices of
your US Senators and Representative
Ask to speak to the person working on education issues
Identify
yourself as a constituent and the organization that you represent (if any)
Please also encourage your friends, family, and co-workers to
participate in this important National Call-In!
Message: “I am
calling to urge [your Senator] to cosponsor S.2860, legislation preventing
harmful use of restraint and seclusion in schools.”
Message: “I
am calling to urge [your Representative] to cosponsor H.R. 4247, legislation
preventing harmful use of restraint and seclusion in schools.”
Thank you
for your advocacy. Your action will help increase congressional support for
these bills and move them through the legislative process toward enactment.
Please join the National Call-In Day on Friday, February 26,
2010, and tell your friends and family to join!
Please visit http://aprais.tash.org/ to learn more!
Best Regards,
The APRAIS Coalition
If you called during the last call-in day, and your congressman/senator has shown no action, I'd ask whomever answers the phone to explain to you the congressman's/senator's stand on the issue.
Take Action Now: Missouri HB 1543 and Federal Legislation HR 4247 and SB 2860
**Please note, once I get the emails out, I will return to this post and try to improve the readability!**
Missouri HB 1543, a proposed state omnibus bill dealing in part to improve school safety, is continuing the use of corporal punishment in schools and adding the vague language “use of force to protect persons or property”. This bill is far from the minimal standards set forth by proposed federal legislation HR 4247 and SB 2860.
• HB 1543 (state): http://www.house.mo.gov/content.aspx?info=/bills101/bills/hb1543.htm
• HR 4247 (federal): http://edlabor.house.gov/documents/111/pdf/markup/FC/HR4247-PreventingHarmfulRestraintandSeclusioninSchoolsAct/MILLCA_171_xml.pdf
The proposed language in Missouri HB 1543 does not protect teachers or students in several ways:
• Does not define “use of force,” “to protect persons or property,” “reasonable,” or “certificated personnel”
• Does not require notification to parents if schools apply “use of force” or “spanking”
• Does allow any school personnel to apply “use of force” but only allows “certificated personnel” to apply “spanking” (certificated in what?)
• Does not require any follow up (such as a visit to school nurse) to ensure applying “use of force” or “spanking” was in fact “reasonable” nor any methods as to avoid future applying of “use of force” or “spanking”
• Does not ban proven deadly “use of force” (restraints) such as those that restrict breathing (e.g., prone restraint)
• Does not ban “spanking”. There was an amendment to ban spanking of special education students, but this has been withdrawn as of 2/10/2010
• Does not allow Children's services to conduct an investigation if abuse allegations are due to “spanking” or “use of force to protect persons or property”. (To understand more about the convoluted investigation process, go here http://dss.mo.gov/cd/pdf/guidelines_can_reports.pdf.)
Who determines what is “reasonable”?
We would like to believe that school districts and school personnel can determine, with good judgment, what constitutes what is “reasonable”, but even stories over the past month show this not to be the case (see below). Not all schools or teachers are bad and many, if not most, have good judgment and intent; however, this bill does not protect those students who are attending schools or who have teachers that are using poor judgment and are abusing corporal punishment and/or use of force nor does it protect students or personnel when personnel hasn’t had access to adequate training and support.
• Feb. 2, 2010: Queens girl Alexa Gonzalez hauled out of school in handcuffs after getting caught doodling on desk: http://www.nydailynews.com/ny_local/education/2010/02/05/2010-02-05_cuffed_for_doodling_on_a_desk.html
• Feb. 4, 2010: Two-inch LEGO gun gets 4th-grader in trouble: http://today.msnbc.msn.com/id/35234742/ns/today-today_people/
• Feb. 8, 2010: Mom upset with corporal punishment at son’s New Mexico school (note pictures): http://bit.ly/dsuFWH
• Current and ongoing: Missouri mom’s testimony regarding extensive use of force on 6 year old with disability: http://nomoseclusion.blogspot.com/2010/01/young-boys-story.html
Corporal punishment/use of force
• According to The Center for Effective Discipline, Missouri is one of only 20 states that still allows corporal punishment (in Missouri’s case “spanking” is allowed) in schools: http://www.stophitting.com/index.php?page=statesbanning
• Corporal punishment and “use of force” is used much more often on poor children, minorities, children with disabilities, and boys: http://www.aclu.org/human-rights/impairing-education-html#toc19
• Schools are the only institutions in America in which striking another person is legally sanctioned. It is not allowed in prisons, in the military or in mental hospitals. Schools are also the only place where use of restraint and seclusion remains mostly unregulated: http://www.gao.gov/new.items/d09719t.pdf
Missouri model policy in progress
Experts in the state of Missouri (designated as such by DESE in agreement with Missouri statute) agree that the use of force such as restraint and seclusion should only be used in cases of imminent harm and that certain forms of restraint should not be used (e.g., prone restraint). Local, state, and national experts in the fields of education and behavior management agree that focus should be on de-escalation and positive methods of preventing behavior.
• Current statute in Missouri: http://nomoseclusion.blogspot.com/2009/11/current-statutes-in-missouri.html
• Official minutes of DESE meeting regarding restraint (use of force) and seclusion: http://docs.google.com/Doc?docid=0AcxWbMnTyx1iZGc1ZDh2ZGdfNWh0bXo5emY5&hl=en
• Crisis Prevention Institute, Inc. Presents to Missouri Department of Education: http://www.crisisprevention.com/whatsnew/ (3rd article down)
Federal legislation in progress
The federal government is currently working on legislation to avoid the misuse and abuse of seclusion and restraint (a type of “use of force”) in part because states and local school districts have failed to do so. The federal bills in progress (HR 4247 and SB 2860) are consistent with the Children’s Health Act of 2000 and federal protections already in place in other settings.
• Bill text: http://edlabor.house.gov/documents/111/pdf/markup/FC/HR4247-PreventingHarmfulRestraintandSeclusioninSchoolsAct/MILLCA_171_xml.pdf
• General information: http://edlabor.house.gov/blog/2009/12/preventing-harmful-restraint-a.shtml
Take action: protect the teachers and the students
• Call your state representatives and senators and tell them that the provision regarding “spanking” and “use of force” in HB 1543 does not protect teachers, students, or school districts. At a minimum, Missouri should:
Ban deadly “use of force” (i.e., restraints) such as those that restrict breathing (e.g., prone restraint)
Define what is “reasonable”, for example in other areas as of HB 1543 “acts of violence” is used and in federal bill “imminent harm” is used
Ban corporal punishment
Require parent notification when “use of force” or “spanking” (if left in bill) is applied
Require minimal training in positive interventions, de-escalation, and safe methods of “use of force”
• Call your federal representatives and tell them to support HR 4247 and SB 2860. We need a minimal federal baseline to keep students and school staff safe. It is clear that even with current information, states such as Missouri are missing the point!
Government contacts
• Missouri House Elementary and Secondary Education Committee (state): http://house.mo.gov/content.aspx?info=/bills101/commit/com455.htm
• Missouri Joint Committee on Education (state): http://www.senate.mo.gov/jced/index.htm
• Missouri Senate Education Committee (state): http://www.senate.mo.gov/10info/comm/educ.htm
• Missouri Governor Jay Nixon (state): http://governor.mo.gov/contact/
• Missouri congressional members (federal): http://nomoseclusion.blogspot.com/2009/12/how-to-contact-congress.html
Ange Hemmer
Missouri: Families Against Seclusion and Restraint
Update but Not Much Progress at State Level
Last week, upon request, I was told that at this time there are no additional meetings scheduled regarding the DESE model policy in Missouri. It appears that the policy is still in the "formulation stage" with research being done on policies in other states. I hope that there is also research being done regarding the ineffectiveness of model policies (Kansas and Michigan for example) and also on the movement of the federal legislation recently passed through Committee.
It is "anticipated" that the first draft of the Missouri model policy will be put in writing sometime during the month of February. Please get your comments in soon. Local school boards are not mandated to adopt or follow this model policy. Please advocate at the local school board level as well.
Personal minutes: http://docs.google.com/Doc?docid=0AcxWbMnTyx1iZGc1ZDh2ZGdfNHRtajlia2du&hl=en
Official minutes: http://docs.google.com/Doc?docid=0AcxWbMnTyx1iZGc1ZDh2ZGdfNWh0bXo5emY5&hl=en
Ways to comment: MPACT and DESE (webreplyseclusionrestraint@dese.mo.gov).
If you want you comments to be made public or if you have any further information to share, please do so in the comments section.
Time Sensitive: Help Needed on Federal Bill
Dear Advocates,
Trouble looms with the minority members on the Education and Labor Committee regarding the Seclusion and Restraints Bill that is scheduled for mark up tomorrow morning. Please call the Republican Committee members below tomorrow morning Thursday 02/04/2010 and ask them to please support the Restraint and Seclusion Bill (H.R. 4247).
Please pass this information on to other advocates, friends and family members and ask them to please help make calls tomorrow morning.
John Kline (Minnesota)
Washington, D.C. Office
1210 Longworth HOB
Washington, DC 20515
Phone: (202) 225-2271
Fax: (202) 225-2595
Michael Castle (Delaware)
Washington Office 1233 Longworth HOB
Washington, DC 20515
p: 202.225.4165
f: 202.225.2291
Brett Guthrie (Kentucky)
Washington, DC Office
510 Cannon H.O.B.
Washington, DC 20515
Phone: (202) 225-3501
Fax: (202) 226-2019
Bill Cassidy (Louisiana)
Washington DC Office
506 Cannon HOB
Washington, D.C. 20515
Phone: (202) 225-3901
Fax: (202) 225-7313
Vernon Ehlers (Michigan)
Washington Office
2182 Rayburn House Office Building
Washington, DC 20515
voice (202) 225-3831
fax (202) 225-5144
Judy Biggert (Illinois)
Washington, DC Office
1034 Longworth House Office Building
Washington, DC 20515
Phone: 202-225-3515
Fax: 202-225-9420
Thank you!
Regards,
Phyllis Musumeci
Parent Advocate and mom to Christian
Families Against Restraint and Seclusion
Advisory: House Education Committee to Consider Legislation to Protect Children From Abuse in Schools
On Thursday, February 4th, the House Education and Labor Committee will consider legislation that will protect schoolchildren from harmful uses of restraint and seclusion in their classrooms.
A recent investigation by the U.S. Government Accountability Office found hundreds of allegations that children have been abused, and some even died, as a result of misuses of restraint and seclusion in public and private schools, often at the hands of untrained staff. Unlike in hospitals and other medical and community-based facilities that receive federal health funding, there are currently no federal laws addressing restraint and seclusion in schools.
The Preventing Harmful Restraint and Seclusion in Schools Act (H.R. 4247) is the first national effort to address this troubling problem and ensure the safety of everyone involved – both students and school staff. It would establish minimum safety standards in schools and increase transparency, oversight and enforcement to prevent future abuse, among other things. Learn more here: http://edlabor.house.gov/blog/2009/12/preventing-harmful-restraint-a.shtml.
WHAT: Full Committee Mark-Up of H.R. 4247 “The Preventing Harmful Restraint and Seclusion in Schools Act”
WHEN: Thursday, February 4, 2009
11:00 a.m. ET
WHERE: House Education and Labor Committee Hearing Room
2175 Rayburn House Office Building
Washington, D.C.
Note: This hearing will be webcast live from the Education and Labor Committee website. You can access the webcast when the hearing begins at 11:00 am Eastern here.
Committee members are listed here: http://edlabor.house.gov/about/members/. There are no committee members from Missouri, but if you are a constituent from another state, please contact your Congress person before Thursday. Let them know how important this piece of legislation is to you, and also bring up any items in the bill that you would like changed or strengthened.
Go here for general information on areas that can be improved: http://www.wrightslaw.com/info/restraint.hr4247.butler.htm
Restraint & Seclusion National Call-In Day - Contact Your Members of Congress
Please repost and distribute the announcement below, which explains how to contact your members of Congress on Thursday, January 21st, to ask for their support in preventing abusive restraint and seclusion in the schools.
Dear Friends, Advocates and Community Members,
In one week, Congress will come back in session. The Autistic Self Advocacy Network (ASAN), in conjunction with the Alliance to Prevent Restraint, Aversive Interventions and Seclusion (APRAIS), is asking you to join us in a National Call-In Day on Thursday, January 21st to tell your members of Congress to support the Preventing Harmful Restraint and Seclusion in Schools Act (H.R. 4247/S.2860) introduced last month by Representatives George Miller (D-CA) and Cathy McMorris-Rodgers (R-WA) and Senator Chris Dodd (D-CT). This legislation would provide students with and without disabilities vital protections against abuse in schools. We are providing details on how to contact your members of Congress -- please distribute this announcement widely.
WHAT YOU CAN DO:
Please call this coming Thursday and encourage your friends, family and coworkers to participate by dialing the Capitol Switchboard at 202-224-3121 and asking for your Congressional representative to Co-Sponsor H.R. 4247, and your senators to Co-Sponsor S. 2860.
• To find out the names of your US Senators and Representative, click here (link to www.congress.org)
• Ask for the offices of your US Senators and Representative
• Ask to speak to the person working on education issues
• Identify yourself as a constituent and the organization that you represent (if any)
Message: “ I am calling to urge (Senator y) to cosponsor S.2860, legislation preventing harmful use of restraint and seclusion in schools.”
Message: “I am calling to urge (Representative z) to cosponsor HR 4247, legislation preventing harmful use of restraint and seclusion in schools.”
Thanks for your advocacy. Increasing congressional support for these bills will help move them through the legislative process towards enactment. Please call on January 21, 2010 and tell your friends and family to join you. If you are interested in doing more, please e-mail us at info@autisticadvocacy.org for information about how you can arrange a meeting with your representatives to explain why this bill is essential or visit www.tash.org/aprais to learn more.
Regards,
The Autistic Self Advocacy Network and the APRAIS Coalition
Missouri Congressional Representatives:
Akin, Todd, Missouri, 2nd
Blunt, Roy, Missouri 7th
Carnahan, Russ, Missouri, 3rd
Clay Jr., William "Lacy" , Missouri, 1st
Cleaver, Emanuel, Missouri, 5th
Emerson, Jo Ann, Missouri, 8th
Graves, Sam, Missouri, 6th
Luetkemeyer, Blaine, Missouri, 9th
Skelton, Ike, Missouri, 4th
Missouri Senators:
Bond, Christopher S.
274 RUSSELL SENATE OFFICE BUILDING WASHINGTON DC 20510
(202) 224-5721
Web Form
McCaskill, Claire
717 HART SENATE OFFICE BUILDING WASHINGTON DC 20510
(202) 224-6154
Web Form
Protecting Students from Excessive/Improper Restraint
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
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.
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
2010 COPAA Conference in St. Louis, MO, March 11-14th
Make your plans now to be in St. Louis for the 2010 COPAA Conference. The conference includes in-depth pre-conference skill building sessions, 40 breakouts, exhibitors, The Second Annual COPAA Fun Run/Walk, the Annual Silent Auction to benefit the Beth Goodman Scholarship Fund, the Diane Lipton Award for Excellence in Advocacy and invaluable time to network with experienced and knowledgeable special education attorneys, advocates, and parents.
Sessions promote excellence in special education advocacy and litigation. Participants gain information and strategies to deal with such issues as placement, educational methodology, effective IEPs, evaluation, dispute resolution, compensatory education, due process hearings, litigation matters, and much more.
Please go here for more information and to register.
The following sessions will be dealing with the restraint and seclusion issue:
Thursday, March 11, 2010
One day Preconference 9:00 am - 5:00 pm
Assuring Every Child is Safe in the Schoolhouse
Denise Marshall, MS, Kristine Sullivan, Esq.
COPAA is at the forefront of the national advocacy effort to expose the extent of abuse and ensure that federal legislation be enacted and every available measure taken to stop the use of unnecessary and abusive restraint, seclusion rooms, and all forms of dangerous interventions used on children in our nation's schools. No child should be subjected to neglect, abuse, or physical harm in the name of treatment or under the guise of providing educational or therapeutic services. Restraints, seclusion, and abuse are neither effective nor educational. This session provides specific information regarding the depth and nature of the current issues relating to aversive interventions gleaned from the COPAA report Unsafe in the Schoolhouse, and other recent national reports and research. Participants are also provided with specific information on: 1) the current status of legislation and implications for practice, 2) relevant case history review, and 3) specific strategies to prepare attorneys and advocates to represent families to ensure that children with disabilities receive effective educational services and combat the restraint, seclusion, and abuse of students with disabilities.
Saturday, March 13, 2010
9:00 am - 10:00 am
General Session
Dr. Joseph B. Ryan, Clemson University.
Dr. Ryan is a nationally recognized researcher and speaker on behavior management and seclusion & restraint policies for schools.
Saturday, March 13, 2010 10:30 - 11:45 am
In-depth Discussion and Q&A on the use of Aversives, Restraint and Seclusion in Schools
Joe Ryan, PhD
This session provides opportunity for small group discussion with General Session speaker Joe Ryan and a panel of COPAA members regarding current research, state regulations and statute, and legislative efforts to prevent the use of restraint, seclusion and aversive interventions in all educational programs.
There are also many other great break out sessions such as:
*Introduction to System Policy Advocacy from School Boards to the Capitol
*Suspension & Expulsion Hearings: Strategies & Potential Pitfalls
*Individual Advocacy and Systems Reform to change school culture and behavioral approaches to students with disabilities
Missouri Autism Summit 2010
The following is a good way to get updated on and advocate for legislation including autism and restraint and seclusion.
Missouri Autism Summit 2010
Interested in autism policy & advocacy?
Join us Jan 13 for the Missouri Autism Summit
Features updates/discussions of autism legislation, initiatives, and advocacy strategies. Visit with legislators at Capitol in the afternoon.
Cost:$10 per person covers lunch & printed materials (Cash at door, please!)
Respond by Jan 10 if you plan to attend.
Date:
January 13th, 2010, 9am
Location:
Jefferson City, Missouri
Address:
Truman Building
Room 490
301 W. High Street
Jefferson City, MO 65101
More information and RSVP here.
*****
Copy and paste URL: http://event.pingg.com/2010MOAutismSummit
Personal Minutes Regarding Missouri Restraint & Seclusion Model Policy Meeting
Please note there was much discussion regaing Michigan's model policy at this meeting, but as posted before, there is now evidence coming forth that model policies are not working. Not that this is a surprise to anyone passionate about this issue, but it is something to include in your letters to your legislators so they see data on how leaving this issue up to local school districts has not worked and will not work to stop the misuse and abuse of seclusion and restraint. Legislation needs to be readressed at the state level as we continue to fight for legislation at the federal level.
I had an e-mail address from DESE for comments, but lost it in my piles of paperwork. For now, please send commments via MPACT or feel free to contact DESE at the general e-mail/address/number.
Protect Children by Supporting the Preventing Harmful Restraint and Seclusion in Schools Act
Students with and without disabilities have for too long faced a situation where they must fear physical violence, injury and even death as a result of aversives, restraint and seclusion at school. We believe that school should be a place of learning, not a place of fear. This action alert is to promote the Preventing Harmful Restraint and Seclusion in Schools Act, which represents a crucial step forward for students with disabilities in particular, who are the most vulnerable to these practices, and fulfills a key provision of the Justice for All Action Network Joint Campaign Agenda, calling on Congress to pass comprehensive legislation addressing the use of restraint, seclusion and aversives. Amongst the valuable provisions of this legislation are:
* A prohibition on the use of restraint and seclusion in schools unless a student’s behavior poses an immediate danger of physical injury and less restrictive interventions would be ineffective.
* A prohibition on the use of any mechanical restraint, chemical restraint, or physical restraint that restricts air flow to the lungs, and any other aversive behavioral intervention that compromises health and safety.
* A requirement for adequate training for school personnel imposing restraint and seclusion.
* A requirement for immediate parental notification and a school debriefing following each incident of restraint or seclusion.
* A requirement for states to create a state plan that incorporates the minimum standards and report annually on the number of incidents of restraint and seclusion.
How To Contact Congress
PLEASE contact your Congressmen/women. Write one letter and then print multiple copies to mail and also copy and paste the letter into the web forms listed below. A little effort today can protect so many children in the near future.
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The Preventing Harmful Restraint and Seclusion in Schools Act (H.R. 4247 and S. 2860) are important bills that seek to provide a minimal floor of protection for all children in all states.
Chairman Miller would like to mark up the bill early next year. You should contact your Congressional Representatives and Senators and share your views on the bills. If they do not hear from you, they cannot know what you are thinking.
Be sure to include the bill’s name, “The Preventing Harmful Restraint and Seclusion in Schools Act,” and its number (H.R. 4247 in the House and S.2860 in the Senate) in your email, phone messages, and correspondence.
Telephone/TTY: Call your Congressional Representative and Senators at 202-224-3121 (TTY 202-225-1904). This is the switchboard, so you will need to know your Representative’s and Senators' names. When you are connected, ask for the aide who handles education or disability. If you get voicemail, please leave a detailed message.
You can also find direct dial numbers for your Representative and Senators (including local numbers and fax numbers) on your Representative’s webpage at http://www.house.gov and Senators’ webpages at http://www.senate.gov/ (click on Senators).
Email: If you need to use email, go to http://www.house.gov/writerep for the House. For the Senate, go to http://www.senate.gov/ and click on Senators and then “Choose a State.” Click on the webforms to send email.
Members of the Committees: It is particularly important to call or email if your Representative is on the House Education and Labor Committee (see http://edlabor.house.gov/about/members/ for a list of members) or the Senate Health Education Labor and Pension Committee (see http://help.senate.gov/About.html for a list of members). These are the members who will mark up, or edit, the bill before the Committee votes on it. Even if you’re not in one of these districts, it is still important to share your thoughts with your Representatives and Senators.
Find Out Who Your Congressional Representative is: If you do not know who your Congressional Representative is, go to http://www.house.gov and put your zip code into the box in the upper left corner. (You usually only need your five digit zip code.) You can find your Senators through http://www.senate.gov/ and clicking on Senators and then ““Choose a State.” You have one Representative and two Senators.
Missouri Congressional Representatives:
Akin, Todd, Missouri, 2nd
Blunt, Roy, Missouri 7th
Carnahan, Russ, Missouri, 3rd
Clay Jr., William "Lacy" , Missouri, 1st
Cleaver, Emanuel, Missouri, 5th
Emerson, Jo Ann, Missouri, 8th
Graves, Sam, Missouri, 6th
Luetkemeyer, Blaine, Missouri, 9th
Skelton, Ike, Missouri, 4th
Missouri Senators:
Bond, Christopher S.
274 RUSSELL SENATE OFFICE BUILDING WASHINGTON DC 20510
(202) 224-5721
Web Form
McCaskill, Claire
717 HART SENATE OFFICE BUILDING WASHINGTON DC 20510
(202) 224-6154
Web Form
If you wish to Contact Congressman Miller’s office directly about H.R. 4247:
Email: [Web Form] or fax: 202-225-5609
On email, select Education as the topic, and be sure to write “H.R.4247” in the body of your email. At times, there has been a special email box in the Committee office for restraint and seclusion emails. If you choose to use it, please also send an email through the contact form above. And even if you contact Chairman Miller, please also contact your own Representative. Your own Representative needs to hear from you.
NCD in Houston to Listen to Issues Affecting People with Disabilities
The National Council on Disability (NCD) will conduct its next quarterly meeting at the JW Marriott Houston...Tuesday, January 19, 2010 [to] Thursday, January 21, 2010. This meeting is open to the public...
A public comment session will be held Wednesday, January 20, from 11:30 a.m. until Noon, CST. The toll-free call-in number is (888) 790-6568, and the pass code is "NCD Meeting." Written comments on disability-related issues of concern or interest can also be emailed to mquigley@ncd.gov at any time
Read more here.
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Copy and paste URL: http://jfactivist.typepad.com/jfactivist/2009/12/ncd-in-houston-to-listen-to-issues-affecting-people-with-disabilities.html
What You Can Do if This is Happening to Your Child
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.
NAA Action Alert: HR 4247
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
List of Materials to Ask Your District for re “CPI-Certified/Trained Staff”
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
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