ACTION ALERT: Missouri HB 1543

Forwarded message from Ange Hemmer of MO Families against Seclusion & Restraint:

**Note: This [bill] effects ALL students, but disproportianatley effects children with disabilitites. Legislators state that the intent of the of the bill is to protect teachers, but the law (even if unintentionally) would leave students at serious risk.**

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 There was an amendment to ban spanking of special education students, but this has been withdrawn as of 2/10/2010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 herehttp://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/(3^rd 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 shave 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 permission/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

ACTION ALERT: Help Zakh!

Forwarded message from Ari Ne'eman of ASAN:

Hello,

In the past, we've written to you about advocacy issues relating to the rights of adults and youth on the autism spectrum. Our voices have made a difference on all manner of policy concerns and have sent a clear message that those who seek to deprive Autistic people of any age of their rights will have our community to answer to. Now we'd like to ask you to help us take action to help protect an 11-year old Autistic boy in Arkansas named Zakhqurey Price, currently being charged with felony assault after fighting back when two staff members restrained him in response to behavioral challenges. The school has ignored repeated efforts from Zakh's grandmother over the course of the last five months to obtain needed IEP supports to improve his educational options and manage his behavioral difficulties.

According to the suspension notice, the restraint was in response to Zakh destroying school property - something beyond the scope of what would be allowed under recently introduced federal civil rights legislation around restraint and seclusion in schools. Disability advocates, including ASAN, are fighting to pass this crucial legislation that would broaden the protections available to students like Zakh as well as those with other disabilities and with no disability at all. We have asked for your help in passing this important legislation, and together we can succeed in bringing proposed civil rights protections into law - but not in time to help Zakh. That is why we need you to take action now. Find out how below:

School Principal:

Pam Siebenmorgan (One of the charging parties in Zakh's felony hearing - polite but firm calls and e-mails encouraging her to drop the charges would be helpful)

Phone: 479-646-0834

E-mail: psiebenm@fortsmithschools.org

School Superintendent:

Dr. Benny Gooden (The Superintendent runs the entire school district - polite but firm calls and e-mails communicating how this situation is damaging Fort Smith Public Schools' reputation would be helpful as well)

E-mail: bgooden@fortsmithschools.org

School Board Office: 1-479-785-2501 Ext. 1201

We recommend that you both e-mail and call if you can. If necessary, e-mail is the preferable option. If you would like your e-mails to be passed along to Zakh's grandmother, please bcc: info@autisticadvocacy.org. Please stress the importance of Fort Smith Public Schools taking the following steps:

-Drop the charges against Zakhqurey Price

-Work with his grandmother to put in place an IEP that will fulfill Zakh's right for a Free and Appropriate Public Education in theLeast Restrictive Environment

-Improve training for school personnel to prevent future such incidents and to ensure that students on the autism spectrum as well as with other disabilities are included, supported and educated in Fort Smith Public Schools.

If Zakh is declared incompetent as part of the hearing scheduled for January 12th, state law requires that he be placed into a mental hospital for at least 30 days. Carole's grandmother fears that, due to the negative repercussions of being taken out of the community and being forced into an institutional setting, Zakh may lose skills in such an environment and not be returned to her indefinitely. That is why we need you to act now. Please distribute and repost this action alert. Thank you for your time and your advocacy, and as always, Nothing About Us, Without Us!

Regards,

Ari Ne'eman
President
The Autistic Self Advocacy Network
http://www.autisticadvocacy.org
info@autisticadvocacy.org
(202) 596-1056

ACTION ALERT: FLORIDA - Public Hearing Jan 19, 2010 to Discuss Excluding Alternative Schools From Accountability

Forwarded Message from Attorney Rosemary N. Palmer:

Please forward this email as widely as possible, asking your friends and friends of those who oppose discrimination to write the Board of Education in opposition to excluding alternative schools from the same accountability as other schools.

https://www.flrules.org/gateway/readFile.asp?sid=2&tid=8045585&type=1&File=6A-1.099811.htm

FLDOE has just announced its differential accountability rule, which is set for public hearing January 19, 2010 in Tampa (unknown time and place, contact lynn.abbott@fldoe.org). The rule sets out what schools where students aren't learning have to do to fix it. The rule excludes alternative schools, including special education day schools, second chance schools which are disproportionately populated by students of color and students with disabilities, whether or not identified under IDEA or 504, who have typically been sent there because school districts have failed to provide research proven interventions in less restrictive environments, and similar schools, from full accountability when they continue to fail students .. (See http://info.fldoe.org/docushare/dsweb/Get/Document-5588/dps-2009-215.pdf )

Apparently school districts have argued that the populations are too fragile and and too mobile for school districts to be required to close them when they cannot fix the problems after 1 year in Intervene status (which follows multiple years in prevent and correct status --- most of the ESE schools are now in Correct or Correct II status throughout the state).

However we know that students with disabilities whether or not identified and students of color ought to be equally entitled to the benefits of differentiated accountability. After years of knowing that such schools do not implement research proven interventions with fidelity and do not produce results (not to mention assigning personnel to such schools after they have failed in some way in non-alternative schools), we all know that school districts will NOT have any incentive to fix the problems until they know that they must implement interventions that actually educate in those schools too, and they are subject to ultimate sanctions of disbanding the schools if they cannot find a way to successfully educated the students there assigned, just like other schools are. Indeed, exempting alternative schools gives districts additional incentives to throw away students with disabilities rather than educate them, and also continues practices of using more restrictive environments that clearly don't work any way, which are also in violation of the law..

I say that students with disabilities (and students of color to the extent that they are disproportionately represented in alternative schools) deserve to be in schools that teach. Let's tell FLDOE and the Florida Board of Education that passing a rule exempting alternative schools from Intervenor status is discrimination, pure and simple.

People you need to contact

Dr. Eric J. Smith Commissioner of Education Commissioner@fldoe.org
Office of the Commissioner Turlington Building, Suite 1514
325 West Gaines Street
Tallahassee, Florida 32399
Phone: (850) 245-0505
Fax: (850) 245-9667

STATE BOARD of EDUCATION
(850) 245-9661
325 W. Gaines Street
Suite 1520
Tallahassee, Florida 32399

T. WILLARD FAIR, Chairman
President and Chief Executive Officer of the Urban League of Greater Miami, Inc.

PETER BOULWARE, Vice president of Legacy Toyota, Tallahassee FL
DR. AKSHAY DESAI, President, CEO and Chairman of Universal Health Care, St. Petersburg, FL
ROBERTO MARTÍNEZ , Colson, Hicks, Eidson, Coral Gables FL
JOHN R. PADGET , Key West FL
KATHLEEN SHANAHAN, CEO WRSCompass,
LINDA K. TAYLOR, Ft. Myers, FL

Thank you for your help. It will take us all writing and calling to make a difference.

--
Rosemary N. Palmer
Attorney at Law
FBN 070904 UBN 005004
5260 Pimlico Drive
Tallahassee FL 32309
floridalawlady@gmail.com
850 668 9203

ACTION ALERT: Free Frankie Campaign

From Free Frankie.com - http://freefrankie.com/

Have you ever heard of an "emergency" that lasted 14 years? In New Jersey, they happen all the time.

Frankie Macias has been institutionalized at the New Lisbon Developmental Center in the state of New Jersey since 1994. He was sent there by New Jersey's Division of Developmental Disabilities on a temporary, "emergency" basis to wait until funding for an appropriate community placement became available. He is still waiting. Frankie's family has been trying to get him out of this institution for 14 long years.

In his 14 years at New Lisbon, Frankie has experienced numerous physical assaults, sexual assaults, and, for quite some time, the near daily use of 4-point mechanical and chemical restraints. He was denied his right to vote. When his sister asked him to walk her down the aisle at her wedding, he was not permitted to attend. This year, his request to spend Thanksgiving with his family was denied. He is barely eating anymore and has lost all hope of ever getting out of this living nightmare.

In 1998, Frankie reported that staff were placing residents of his cottage in mechanical restraints and leaving them unattended with another resident, who would then beat them up. Fearing for his own safety, Frankie asked the CEO to install hidden cameras. Three years later, in 2001, a resident was found dead in this same cottage. He had been strangled. Earlier that year, another New Lisbon resident was found, beaten and bloody, under his bed. He never regained consciousness. Frankie said to his mother, "Mom, if I die, please don't let them bury me at New Lisbon."

In the mildest of terms, New Lisbon is not a nice place to live. In 2001, the federal government agreed, and New Lisbon was decertified following an inspection by the Centers for Medicare and Medicaid. The facility was re-certified in 2002, however, that same year, the U.S. Department of Justice investigated allegations of violence and substandard conditions at New Lisbon and, as a result of its findings, sued the State of NJ for violations of the Civil Rights of Institutionalized Persons Act.

This is the place DDD sent Frankie to wait.

Now, a wonderful organization has offered to provide Frankie with a home of his own and the community-based services DDD promised him over a decade ago. After 14 years of waiting, Frankie could be home for the holidays...

If only DDD would let him go.

Instead, the Division of Developmental Disabilities continues to demand revision after revision of the service plan submitted for Frankie. Meanwhile, back at New Lisbon, his condition continues to deteriorate.

We are asking Governor Corzine to put an end to DDD's 14-year emergency and Free Frankie NOW!

Please click on the link below and sign the petition to help Frankie's family get him out of New Lisbon and go home where he belongs.

While the State of NJ may have dropped the ball on Frankie, his family, friends and advocates have not. Please take a moment to add your name to our growing ranks. Tell NJ Governor Jon Corzine to Free Frankie from New Lisbon Institution.

http://www.ipetitions.com/petition/FreeFrankie/

ACTION ALERT: Michigan Restraint & Seclusion Press Conference

Forwarded message from a parent advocate:

Michigan residents, it's time to act now! On Wednesday, December 2, 2009, there will be a press conference in the Capital Building Room 426, Lansing, at 11:00 am to support Rep. Kennedy, who plans to introduce a bill to stop seclusion and restraint in public schools. The last legislation that was introduced as the Children's Health Act of 2000 regulates the use of restraint and seclusion in certain hospitals, health care facilities, residential non-medical facilities, and other programs that serve children under Medicaid or Medicare. These regulations do not cover schools, even though schools bill Medicaid for billions of dollars each year.

Michigan's voluntary policy isn't working. Only 22 of 57 Independent School Districts (ISD's) collect data on the use of restraint and seclusion as recommended under the policy and those ISD's reported over 3,200 incidents last year.

Mandatory changes are needed. This is what we need to ask for.

For more information, contact Mark McWilliams, Michigan Protection & Advocacy Service, Inc (MPAS), at (715) 487-1755 or toll free at 1-800-288-5923.

ACTION ALERT: Indiana Star Seeking Parent Input on Corporal Punishment

Should schools still use the paddle?
http://www.indystar.com/article/20091119/PROMO/91119015/Should-schools-still-use-the-paddle

The Indianapolis Star is working on a story about the increasing number of Central Indiana school districts banning corporal punishment as a form of discipline. We want to hear what you think.

Most districts in central Indiana counties specifically bar teachers and administrators from striking children. And of those that still do allow it, one is poised to change that policy and administrators in most of the others don't paddle children even when allowed to.

The federal government estimates that 577 Indiana children were paddled in schools during the 2006-2007 school year, the last year for which data were available.

Advocates of paddling say that it is an effective way to get a disruptive child's attention. Opponents say that it teaches violence and is not appropriate for educators to be involved in.

Parents, what do you think? Send your e-mail to andy.gammill@indystar.com. Let us know your thoughts to use in our news story. Be sure to give your name and phone number so we can contact you. We will use the phone number only for having a reporter contact you.

ACTION ALERT: TN NCD to discuss employment, health care and seclusion issues affecting the disabled

The National Council on Disability (NCD) will hear presentations and discuss employment, health care, and restraint and seclusion issues affecting people with disabilities during its quarterly meeting at the Holiday Inn Express, 920 Broadway, Nashville, TN, which begins at 8:30 a.m. on Monday, October 26, 2009, and concludes at 11:00 a.m. on Wednesday, October 28, 2009. This meeting is open to the public.

The employment session will be held on Tuesday, October 27 from 9:15 a.m. until 10:30 a.m. Speakers include:

Andrea Cooper, Assistant Commissioner, Vocational Rehabilitation Services, Tennessee Department of Human Services, Nashville, TN

Lillian Burch, Executive Director, DisABILITY Resource Center, Knoxville, TN

Carol Westlake, Executive Director, Tennessee Disability Coalition, Nashville, TN

A discussion on seclusion and restraint will be held on Tuesday, October 27 from 10:45 a.m. until noon. Speakers include:

Holly Lu Conant Rees, Education Advocate, ARC of Davidson County, Nashville, TN

Steven Glowicki, Family Educator, STEP (Support and Training for Exceptional Parents) Inc., Nashville, TN

A presentation on health care for people with disabilities will be held on Tuesday, October 27 from 2:00 p.m. until 3:15 p.m. The presenter will be:

Tony Garr, Tennessee Health Care Campaign, Nashville, TN

NCD will also host a reception at the hotel for meeting participants, audience members, and stakeholders from the disability community on Tuesday, October 27 from noon until 2:00 p.m. Additional details about the meeting are available athttp://www.ncd.gov/newsroom/quarterly/quarterly.htm. Written comments for Council consideration can be submitted at any time by writing to ncd@ncd.gov.

Specific times are also designated to receive public comment, supported by a toll-free call-in line, and input is encouraged and greatly appreciated. Individuals or organizations can also provide written comments by e-mail, fax, or mail. A public comment session will be held on Monday, October 26 from 4:30 p.m. until 5 p.m. CST.

SOURCE National Council on Disability

Action Alert Georgia: Meeting October 15, 2009 in Macon

Forwarded message from The Georgia Advocacy Office

The Georgia Advocacy Office, in collaboration with The Georgia Council on Developmental Disabilities, the Center for Leadership in Disability at Georgia State University, and the Institute on Human Development and Disability at the University of Georgia, urges the Georgia State Board of Education to promulgate a rule that protects all Georgia students from restraint and seclusion and which encourages the proactive use of Positive Behavior Supports in Georgia public schools.

The Department of Education has heeded the call of advocates to regulate the State's dangerous practice of restraint and seclusion by preparing for rule initiation sometime in the late fall or early spring. Early draft versions of the rule have outlawed the use of seclusion and have limited the use of restraint to those situations involving risk of serious bodily injury to self or others. Additionally, prone restraint, chemical restraint, and the practice of restraint used as a punitive measure have been prohibited.

We applaud the Department's decision to address this issue through the development of a rule. This is a good start, but more work is needed. The coalition urges the public to join us in insisting that the rule prohibits the use of adversives, clarifies and strengthens the training requirements for school personnel, provides enhanced safeguards for students who experience prolonged restraint,and creates enforcement and reporting mechanisms.

We invite members of the community to come hear about the State Board of Education rule promulgation process and how they can become involved through public comment. Please join us as we discuss this exciting opportunity at the Georgia Council on Developmental Disabilities public forum on Thursday, October 15, 2009 at 5:30 p.m. at
the Pilot International Foundation located at 102 Preston Ct, Macon, 31210."

ACTION ALERT: GAO Needs Your OCR Experiences by Noon EST 6/23/09! (UPDATED)

UPDATE: Please read the following message from Georgeann Higgins of the GAO and forward any complaints against your state's OCR to GAO's FraudNET at http://www.gao.gov/fraudnet/fraudnet.htm:

The call for information regarding Office of Civil Rights is erroneous. We suspect that the originator, though likely well intentioned, was misinformed when they reported that GAO is seeking letters from parents for a report on issues at OCR.

GAO is responsible for assisting the Congress in carrying out its oversight responsibilities pertaining to government programs, activities and functions. Generally, this involves examining the programs and operations of federal departments and agencies, rather than reviewing singular allegations of wrongdoing or poor performance in connection with specific matters. Allegations of fraud, waste, abuse, or mismanagement of federal funds can be reported to GAO’s FraudNET, accessed via internet at http://www.gao.gov/fraudnet/fraudnet.htm. Persons who wish to report specific allegations of abuse or other crimes not reported to law enforcement, should contact the police authority in their area, the child protective service in their state, and/or seek legal advice.

Georgeann M. Higgins

Passing on with permission from a post on COPAA list serve

PLEASE FORWARD/CIRCULATE WIDELY WITHOUT FURTHER PERMISSION FROM THE AUTHOR:

I just rec'd this from another list. If OCR dumped your complaint without doing a real investigation - didn't investigate at all or took the district's word for everything - or made a finding based on wrong statements or interpretations of Section 504, please read the message below and respond IMMEDIATELY. - Dee Alpert

Gov't Accountability Office is Seeking Information and Need Info ASAP....

I was just told that Georgianne Higgins of the Gov't Accountability Office, is still seeking information from parents who have gone to OCR and have gotten nowhere. She is supposed to be doing a report regarding the issues with OCR . She has asked that we get as many parents to write a letter to her attention by tomorrow as she is on a deadline.

So if you have had an issue with OCR office, that you filed a complaint and they closed the complaint without proper investigation or no finding, send a letter to Georgiane Higgins: email her at higginsg@gao.gov and in the subject line say this: 'PARENTS FROM THESE STATES' , make sure to put that in the subject line and she has to receive this information by Noon eastern time June 23. If you know of any other parent, they also need to send an email to higginsg@gao.gov

ACTION ALERT: Please Sign to Support IDEA Fairness Restoration Act (HR 2740)

Dear Advocates:

We are forwarding this request for support from The Council of Parent Attorneys and Advocates (COPAA). The IDEA Fairness Restoration Act is being pursued to give parents back their rights to receive reimbursement for expert witness fees that are incurred from Due Process. Please follow the directions below to sign up a group and individually!

Thank you for your continued efforts!

Jennifer Searcy, Founder/Director of Public Policy & Affairs

From COPAA: Few parents can afford the high cost of paying technical, medical, and other expert witnesses themselves; by contrast, school districts can use taxpayer dollar to pay for experts or use staff on their payroll. In 2006, the Supreme Court decided that parents could not be reimbursed for expert witness fees in Arlington Central School District v. Murphy; the IDEA Fairness Restoration Act would overturn that decision. The Murphy decision has made the playing field incredibly unlevel and unjust for parents who are forced to pursue due process.

The effects of not being able to afford expert fees can be pernicious. In one case, a mother was forced to go to due process to implement the Independent Educational Evaluation recommendations for her child with severe dyslexia and a written expression disorder. She had to borrow $1,400 to pay the evaluator to testify, and for 2 days of cross-examination by the school district. The hearing officer ordered the scientifically-based reading instruction the child desperately needed. Before the Supreme Court’s Murphy decision, the mother could recover her expert fees; after Murphy, she would not. In other cases, solo practitioners report that they could not take cases pro bono because they had no way to afford the expert. The IDEA Fairness Restoration Act would go far to cure these problems.

Please consider signing COPAA's (Council Of Parent Attorneys and Advocates) petition in support of the IDEA Fairness Restoration Act (H.R. 2740), a bill that would permit parents who prevail in due process and litigation to recover their expert witness fees.

For individuals:

If you are a parent, attorney, advocate, family member, neighbor, friend, colleague, other professional, please sign COPAA's petition for individuals who support the IDEA Fairness Restoration Act (H.R. 2740). Let's tell Congress that we support this bill and want it passed! More and more parents find that they cannot pursue their children's rights because they cannot afford it. Please send this note to your friends, family, support groups, listservs, yahoo groups and others to ask them to sign the petition. There are 7.1 million children with disabilities and their rights are important. The link to SIGN COPAA's INDIVIDUAL PETITION IS HERE:
http://www.surveymonkey.com/s.aspx?sm=Ib9OdiMVf9ZE2rcPz5F2DA_3d_3d

For groups or organizations:

COPAA is seeking organizations and informal groups who would like to sign on in support of the IDEA Fairness Restoration Act. Last year, over 100 organizations signed on. Current signatories include COPAA, National Disability Rights Networks, Disability Rights, DREDF, National Down Syndrome Society, Autism Society of America, Autism National Committee, Our Children Left Behind, and many state and local organizations and parent support groups. Your organization does not have to be incorporated. COPAA welcome sign-ons from disability groups; informal networks of attorneys and advocates and others; parent support groups; health, civil rights, and other related organizations or groups; nonprofit organizations, public interest law firms and organizations, associations, and any other supportive groups. To sign your organization or group on, the link is:
http://www.surveymonkey.com/s.aspx?sm=ZqaHLUdhQIhctyl6F_2bSZEA_3d_3d
** NOTE: This is the link for organizations and groups ONLY.

For more info: http://www.copaa.org/pdf/MurphyBrochure.pdf
Note that this brochure may refer to H.R. 4188; that was last year's bill. This is being updated and the new bill number is H.R. 2740.

This information is also available in Spanish,
http://www.copaa.org/pdf/MSSpanish.pdf

Lea aqui en Espanol: Murphy y los derechos de los padres para recuperar el costo de los expertos. Importante! es el nuevo número H.R. 2740: http://www.copaa.org/pdf/MSSpanish.pdf

A copy of the bill will be posted to COPAA's website shortly. In the meantime, you can find the full bill at www.congress.gov, and in the box that says Search Bill Summary and Status, type IDEA Fairness and press search. This will take you to H.R. 2740.

For more information, or if you have questions, please feel free to email COPAA atprotectidea@copaa.org.

ACTION ALERT: Hearing Notice for Jonathan King Case

Forwarded message from an Advocate in Georgia:

If you are a parent or educator in Georgia, consider attending this hearing.

This is the case of a young man, Jonathan King, who committed suicide in a seclusion room in a North Atlanta school. This is of national importance because they had hearings on Seclusion Rooms in Washington on May 19, 2009.

See link here:
http://edlabor.house.gov/hearings/2009/05/examining-the-abusive-and-dead.shtml

King VS Pioneer
Georgia Court of Appeals July 7 10:00 am or immediately following first case

Address: 47 Trinity Ave, Suite 501 Atlanta, GA 30334

The Attorney is E. Wycliffe Orr

OrrBrown Johnson LLC
P.O. Box 2944
641 Spring Street, Gainesville, GA 30503

(770) 534-1980

(770) 536-5910

Email: eworr@orrbrownjohnson.com

ACTION ALERT: Louisiana - Testimony Needed on June 16th!

Dear Advocates:

Your help is needed. On June 16, 2009 a hearing is scheduled at the Louisiana State Capital concerning HB 571 to abolish corporal punishment. If you or someone you know has been directly impacted by or if you stand against corporal punishment in Louisiana schools, your testimony is needed! Please use your voice to support this measure!

The hearing will take place at 9:00 am in the House Committee Rooom 1 at the State Capital building.

 

Please see the attached schedule:

 

http://house.louisiana.gov/Agendas_2009/Jun_09/0616_09_ED.pdf

 

Here is the map and directions

http://house.louisiana.gov/H_Citizens/H_Citizens_CapitolDir.htm

 

You may also contact Rep Barbara Norton at bnorton@legis.state.la.us or call her office at 1 (318) 632-5887 for more information.

Thanks again for your support!! 

ACTION ALERT: Louisiana Support Needed for Corporal Punishment Ban

Dear Advocates:

House Bill 571 to ban corporal punishment has been proposed in the state of Louisiana by Representative Barbara Norton. 

The language for the bill can be found here: http://www.legis.state.la.us/billdata/byinst.asp?sessionid=09rs&billtype=HB&billno=571

In order for this bill to be successful, lawmakers need to hear from us! Please submit a letter of support to the following:

http://house.louisiana.gov/h_reps/members.asp?ID=3  

Email Rep Norton : nortonb@legis.state.la.us

Also, Please contact the Louisiana House Education Committee Members and urge them to support HB 571.

Here is the contact list of committee members:

http://house.louisiana.gov/H_Cmtes/H_Cmte_ED.asp

Thanks for your help!!

Action Alert: GAO Wants To Hear from Parents/Advocates/Teachers/Students Who Have Been Retaliated Against

Forwarded message from Advocate Anna Moore:

Fellow Education Advocates: I will keep this brief. What began as an investigation into the use of Restraint, Seclusion and Corporal Punishment in our public schools has just expanded into an investigation into Retaliation and Coercion. This was due to a flood of emails from parents (and teachers) from across the country describing retaliation.

Any individual, parent/teacher/student, who has experienced Retaliation or Coercion should immediately email their story to the individuals below [at the Government Accountability Office].

Every single email is being reviewed.

You must provide your name, address (including county and state), and phone number. Do not send attachments.

Send to: kutzg@gao.gov, higginsg@gao.gov, margaret.young@mail.house.gov

ACTION ALERT: CT Families, Stories Needed by this Wednesday!

Forwarded from the  CT Council on Developmental Disabilities

Happy Memorial Weekend,

CT families and their childrens stories are needed on the Use of Aversives, Restraints & Seclusions,

Looking for stories from CT families whose children with disabilities have been subjected to the use of the Aversives, Restraints and Seclusions in Schools. If you have a story, could you please email me offline at angela.spino@ct.gov? 

I have a meeting with Congressman Joe Courtney this Thursday and need to share real stories of the abuse are children have been put through, the name of their school/facility they attened or attended and the towns in which it occurred and you live, examples of the type of abuse, your childs diagnosis and if a BCBA (Board Certified Behavior Analyst) is working with your child? I will also take stories without including the family's names and other pertinent information.

Please also let me know if your school district (name & district) has given you a copy of the Restraint & Seclusion Law in CT at a PPT? They are supposed to and this started right after the Bill was signed by the Governor in October 2007.Have you ever filed a formal complaint with the State Department of
Education? Or taken the matter any further?

Thank you in advance for sharing your stories with me and I will keep you posted on the outcome of my meeting and the hope of trying to strengthen the Restraint & Seclusion Law in CT.

Thank you,

Angela

Angela R Spino, Disability Policy Specialist
CT Council on Developmental Disabilities
460 Capitol Avenue * Hartford, CT 06106
Phone(860)-418-8709
Toll free (800)-653-1134
Fax (860)-418-6003
TTY (860)-418-6172
http://ct.gov/ctcdd

ACTION ALERT: Help Us Stop School Abuse - Write/Call Your State Legislators to Thank Them for Abuse Hearing

Forwarded message from an advocate in Georgia:

ATTENTION PARENTS AND PROFESSIONALS -

SEE PRESS RELEASE FROM HOUSE ED AND LABOR COMMITTEE ON HEARING:

http://edlabor.house.gov/newsroom/2009/05/gao-report-finds-hundreds-of-a.shtml

This week the injured and harmed schoolchildren of the United States received recognition from the House Ed and Labor Committee regardingrestraint, seclusion and corporal punishment. iN Tuesday's Hearing, the Government Accountability Office presented a shocking report regarding the treatment of school children to Congress. We have an opportunity to change and craft legislation so that all children are protected in all U.S. schools.

Here is a list of the Full Committee that held the hearing on Tuesday this week. Please CALL EVERY SINGLE ONE OF THESE PEOPLE AND URGE FEDERAL LEGISLATION TO PROTECT ALL CHILDREN IN SCHOOL. Please note, that many states are not represented on the committee, therefore you will want to include a phone call to your own U.S. representative as well and tell them what is going on. You must CALL and NOT FAX. EMAIL WILL NOT BE ACCEPTED EITHER UNLESS YOU ARE A CONSTITUENT IN THAT DISTRICT.

Congresswoman Lynn Woolsey (California) called corporal punishment 'legalized child abuse'. A national ban from a federal level will happen with your help.

Please call these people today and every day over the next few weeks to urge

legislation to stop restraint, seclusion and corporal punishment.

Full Committee of House Ed and Labor:

Democrats ---------------------------

Chairman George Miller California: 202 225 2095

Dale E. Kildee Michigan 202 225 3611

Donald Payne NJ 202 225 3436

Robert E. Andrews NJ 202 225 6501

Robert C. Scott VIRGINA 202 225 8351

Lynn Woolsey CALIFORNIA 202 225 5161

Ruben Hinosa TEXAS 202 225 2531

Carolyn McCarthy NEW YORK 202 225 5516

John F. Tierney MASSACHUSETTS 202 225 8020

Dennis J. Kucinich OHIO 202 225 5871

David Wu OREGON 202 225 0855

Rush Holt NEW JERSEY 202 225 5801

Susan A. Davis CALIFORNIA 202 225 2040

Raul M. Grijalva Arizona 202 225 2435

Timoth H. Bishop NEw York 202 225 3826

Joe Sestak Pensyslvania 202 225 2011

Dave Lebsack Iowa 202 255 6576

Mazie Hirona Hawaii 202 225 4906

Jason Altmire Pennsylvania 202 225 2565

Phil Hare Illinois 202 225 5905

Yvette Clarke New York 202 255 5231

Joe Courtney Connecticut 202 255 2076

Carol Shea Porter New Hampshire 202 255 5456

Marcia Fudge Ohio 202 255 7032

Jared Polis Colorado 202 255 2161

Paul Tonko New York 202 225 5076

Pedro Pierluisi Puerto Rico 202 225 2615

Gregoria Kilili Camach Sablan Northern Marian Islands 202 225 2646

Dina Titus Nevada 202 225 3252

Republicans -------------------------

Howard P. "Buck" McKeon, Ranking Member California 202 225 1956

Thomas E. Petri Wisconson 202 225 2476

Peter Hoekstra Michigan 202 225 4401

Michael Castle Deleware 202 225 4165

Mark E Souder Indiana 202 225 4436

Vernon J. Ehlers Michicgan 202 225 3831

]Judy Biggert Illinois 202 225 3515

Todd Russell Platts Pensylvania 202 225 5836

Joe Wilson South Carolina 202 225 2452

John Kline Minnesota 202 225 2271

Cathy McMorris Rodgers Washington 202 225 2006

Tom Price Georgia 202 225 4501

Rob Bishop Utah 202 225 0453

Brett Guthrie Kentucky 202 225 3501

Bill Cassidy Louisiana 202 225 3901

Tom McClintonck California 202 225 5161

Duncan Hunter California 202 225 5672

Phil Roe Tennessee 202 225 6356

Glenn GT Thompson Pennsylvania 202 225 5796

Action Alert: House Education Committee to Examine Restraint & Seclusion - Hearing, May 19, 2009

Advisory: House Education Committee to Examine Abusive and Deadly Use of Seclusion and Restraint in Schools

WASHINGTON, DC – On Tuesday, May 19, the House Committee on Education and Labor will hold a hearing to examine abusive and deadly uses of seclusion and restraint in U.S. schools. Seclusion and restraint are physical interventions used by teachers and other school staff to prevent students from hurting themselves or others.

WHAT: Full Committee Hearing on “Examining the Abusive and Deadly Use of Seclusion and Restraint in Schools”

WHO: Witnesses TBA

WHEN: Tuesday, May 19, 2009
10:00 a.m. EDT

WHERE: House Education and Labor Committee Hearing Room
2175 Rayburn House Office Building
Washington, D.C.

Action Alert: GAO Seeking Info about Restraints, Seclusion & Aversives Use in Schools

The Government Accountability Office (GAO), Congress' investigative arm, is seeking information about the use of restraints, seclusion, and aversives in day school programs. The GAO will be developing a report in preparation for hearings to be held by House Education Committee Chairman George Miller on the issue. Day schools are schools that are not residential. The GAO is interested in all kinds of cases, civil and criminal, cases in court and cases in due process/other administrative hearings. In addition, COPAA is collecting information about situations that didn't involve court or hearings.

CATEGORY ONE: Cases, Hearings, Criminal and Civil
Please provide the following information to Christine A. Hodakievic, GAO Senior Special Agent, email: HodakievicC@gao.gov We would also appreciate a copy to us at jessica@copaa.org but that is not essential.

1. Information about any Court case, due process hearing or other administrative hearing involving restraints, seclusion, or aversives in a day school program. It does not have to be an IDEA case. It can be any kind of case, such as Constitutional, wrongful death or other tort action, 504, or any other kind of case/hearing. It can be a litigated case or a case that was filed and settled or otherwise concluded.

2 Information about any Criminal Matter involving restraint, seclusion, or aversives in a school. This can be a criminal case that went to a trial, a criminal case resolved without a trial, an indictment, an information, arrest, or any other kind of criminal matter. (Some of you have represented children who were witnesses in criminal cases against school staff who used aversive interventions. The GAO would be interested in these criminal cases, as well as others.)

3. Information about complaints filed with a State Department of Education about restraints, seclusion, or aversives in a day school program.

In your email to the GAO, it would be very helpful to describe the case, provide any identifying information such as a citation, describe what happened to the child, what happened in the case/hearing/complaint, and any other pertinent information. If you know whether the case is still pending or whether civil litigation has ended, please add that. The GAO would also appreciate receiving copies of complaints, hearing notices, pleadings, briefs, and decisions/orders, if you would like to provide them (its optional). Obviously, if you have a big case file, choose the most important documents. If you filed a complaint with your State Department of Education, but didn't file a court case or due process, please be very clear about that in your email to the GAO. It helps them sort out what they are getting, since they will be receiving many many emails.

CATEGORY 2: Other Situations--no filed case or hearing.
COPAA is also seeking information about any other situations in which children were subject to restraints, seclusion, or aversives but a case or due process/administrative hearing was not filed. We have set up a computerized survey form for you to report it. We will be sharing this information with the GAO and as otherwise explained in the survey. This computerized form simply allows us to collect all of the information together and sort it so that we can do this quickly. If you wish to complete the survey, click here
(If the link doesn't work, the full link is

http://www.surveymonkey.com/s.aspx?sm=kbizom_2bCU27wrYCCRv7R7w_3d_3d

IF YOU HAVE A SITUATION IN WHICH A COURT CASE, HEARING, CRIMINAL COMPLAINT, or other litigation, court filing, or case ensued, please report it directly to the GAO as stated in Category 1. Please use the COPAA survey form only for other situations in which restraints, seclusion, or aversives were used.

Thank you and feel free to contact us with any other questions. Again, please feel free to repost or otherwise share this information with others.

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

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