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.

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 athttp://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, visitwww.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 Report - Unsafe in the School House: Abuse of Children with Disabilities

In March and April 2009, the Council of Parent Attorneys and Advocates conducted a survey which identified 155 cases in which children were tied, taped to chairs, forced into locked seclusion rooms, deprived of basic necessities, and subjected to a variety of abusive techniques. 

The survey findings concluded:

71% of cases, children did not have a positive behavior intervention plan

71% of parents did not consent to restraint, seclusion, or aversive use

68% of children abused had been diagnosed with an autism spectrum disorder

58% of abuse occurred in self-contained classroom with no other children with disabilities

53% of children aged between 6-10 years old

The report also includes summarized parent accounts of aversive use.

A copy of the full report can be found here:

http://www.copaa.org/pdf/UnsafeSchoolhouseCOPAAwithAppendixMay09.pdf