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

MA: Another hearing canceled in ex-Melrose Y staffer's abuse case

By Travis Andersen, Town Correspondent

Posted November 20, 2009 11:00 AM

http://www.boston.com/yourtown/news/melrose/2009/11/another_hearing_canceled_in_ex.html

The third straight hearing in the child sexual abuse case against former Melrose YMCA staffer James Conner was canceled on Tuesday in Middlesex Superior Court, this time at the request of his lawyer.

"Probably the defense had scheduling concerns," said Jessica Venezia, a spokeswoman for Middlesex District Attorney Gerry Leone.

Conner's attorney Alan Tuttman did not return a call.

Conner, 51, was arrested in February and later indicted on five counts of rape of a child by force, among other charges. He pleaded not guilty to all charges and posted $25,000 bail. Conner is under home confinement, but can leave for work, meetings with his attorney, or medical appointments, according to the case summary on file at the court. His trial is scheduled to begin on April 5.

Tuttman told the court on the day before a dismissal hearing in July that he wouldn't be filing a motion to drop the charges. Prosecutors canceled a pretrial hearing in October, most likely due to a scheduling conflict, Venezia said.

An evidentiary suppression hearing is scheduled for Dec. 16.

The state Department of Early Education and Care, which licenses after-school programs at nonprofit organizations, reported in April that YMCA administrators hired Conner despite knowing of allegations of impropriety at other facilities and warning signs at the Melrose Y. The agency said the Melrose Y had “failed to protect children from abuse.’’

Though the YMCA has disputed the report, it prompted three top executives to step down, including longtime president and CEO Richard Whitworth. Interim president Ralph Yohe took the reins in October.

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

PA: Is a license to teach also a license to kill?

From Examiner.com

By Robin Hansen, Special Education Examiner

http://www.examiner.com/x-4959-Special-Education-Examiner~y2009m5d23-Is-a-license-to-teach-also-a-license-to-kill

May 23, 12:28 AM

On Tuesday, May 19, the House Committee on Education and Labor held 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. 

Ms. Toni Price gave heart wenching testimony.  Her foster son Cedric was the victim of a sadistic special education teacher who deliberately refused to follow the Individual Education Plan.  When he was a young child, Cedric had been the victim of repeated starvation.   As a result, he would panic if food was with held from him.   Cedric's classroom teacher knew this fact, yet she would  deliberately withhold his lunch.  As a result Cedric's panic would escalate.  Cedric's behavior gave the teacher an excuse to restrain and sit on him.   She killed him.   She was never convicted of any crime.  Being "only" a foster mother, Toni Price was not allowed to press charges.  The teacher, who murdered Cedric is still out  there teaching children.

Here is Cedric's story in Toni Price's own words:

Thank you, Chairman Miller and the Committee, for holding this hearing today and inviting me to share my story with you. My name is Toni Price. I am a foster mother, and Cedric was my foster son.

By the time Cedric came to my home at the age of 12, he’d been through a lot in his short life. His parents neglected him and his siblings and abused them both physically and emotionally.  They were underfed and food was withheld from them. Cedric, the oldest, used to go rummaging for food for himself and his siblings.  He'd scavenge through trash cans. Cedric began stealing food, and was caught stealing from a grocery store. Never knowing when he'd have his next meal, food was something Cedric became very sensitive about.

At 9 years old, his parents lost parental rights to Cedric and his siblings. His aunt and grandmother had also lost their rights to guardianship. Cedric went to many foster homes but struggled. After a number of unsuccessful placements, Cedric was sent to a boot camp facility,north of Killeen. Unfortunately, at this boot camp, he experienced more abuse. He had a prominent scar on his face from being beaten with a shovel by a boot camp supervisor.

It was after that facility that he came to live with my family and me at the age of 12. Despite his experiences, Cedric came to me with a smile. He was very jovial, and truly loved to smile. He liked to bike, go bowling, and feed the ducks in a pond near our house. When he had extra energy, he loved to run to the end of our driveway and back. He got along well with the other children in the house, particularly my son, because he'd always wanted a big brother. They played a lot of basketball together. I remember at church Cedric wanted to be in a play, but there were no parts for him. He got this big smile on his face and said: “I know a part!” and went and stood on the stage. The director said “Okay, you can be an angel.”

I knew he was sensitive about food, so I said he could have anything in the kitchen, he just had to tell me. Cedric had behavioral problems, but they were never physical and he was never aggressive. We were able to find solutions to his misbehaving that worked. Once he stole a bag of chips from the kitchen. I made him pay me back. It was a consequence that worked. He didn’t like parting with his allowance, and learned his lesson about stealing. But it was a consequence that didn’t bring any of his previous abuse up to the surface. His therapist asked him once to describe a safe place. His answer was in a cave with solid rock walls, a steel door, and lots of food. Even though he was well fed at my home, food was a trigger for Cedric from the trauma of his childhood.

Cedric enrolled in a public middle school. He was placed in a class for students with behavioral problems. His first year in the school, in seventh grade, he had no problems. I didn’t get phone calls, and he did well in school.

His eighth grade year, with a different teacher, he had a number of problems. He did not get along with the teacher, and would always say to me “I don’t think this teacher likes me.” I’d reassure him that she did. I got frequent calls from his teacher that year about verbal aggression,though I never got calls about physical aggression. I would ask the teacher to put Cedric on the phone and say: “Cedric, you know you have to do your work.” He’d say: “yes ma’am.” Sometimes Cedric would get in trouble at school for stealing food. But what I learned later was that in his classroom he was being withheld food as punishment for acting out. The morning of his death, Cedric was put on what the teacher called a “delayed lunch” because he stopped working around 11am. This was, apparently, a common punishment for him.

At 1pm Cedric got in more trouble when, still not having lunch, he was caught trying to steal candy. After 2:30, he still hadn’t been allowed to eat his lunch, and got up to leave the classroom. After Cedric attempted to leave the classroom, he refused to sit back down in his chair so his teacher forced him into his chair and restrained him. She is roughly six feet tall and weighs over two hundred thirty pounds. Cedric was short- he was a little boy. Cedric struggled as he was being held in his chair, so the teacher put him in a face down, or in a prone restraint, and sat on him. He struggled and said repeatedly: “I can’t breathe.” “If you can speak, you can breathe,” she snapped at him. Shortly after that, he stopped speaking and he stopped struggling. He stopped moving at all. The teacher continued to restrain him. Finally the teacher and aide put Cedric back in his chair. The aide wiped drool off his mouth and they sat him up. But he slumped over and slipped out of his chair. Precious minutes passed by before a nurse was called.

I received a call at work that Cedric was not breathing and that an ambulance had been called. I rushed up to the school, not completely clear what was going on or what had happened. When I got to the school, my son was lying on the floor with a paramedic beside him. I knelt down and said: “Cedric, get up. You’re not going to be in any trouble.” But Cedric didn’t move, and instead, the paramedic stood me up. My son was dead. I didn’t know the school was practicing restraint techniques on Cedric. I didn’t know they were withholding food as a form of punishment. In fact, when I initially enrolled him at the school, I told administrators he’d been withheld food as a child and it was traumatic. When this teacher was having trouble with Cedric, I told her about my techniques with handling him at home. I tried to help her because Cedric was not a bad kid. He had come so far, and had such success in the seventh grade. I knew that he could be successful in the eighth. The school never held meetings with me to address any behavioral problems. Aside from calls from his teacher, I didn’t know the extent to which Cedric was getting in trouble and what they were doing to him.

After his death, nobody from the school came for calling hours. The superintendent and the principal of the school wrote a letter of condolence. Nobody offered any help because I was just a foster mother. Days later, the teacher called, and my husband answered the phone. But instead of a heartfelt apology, she explained that she was just doing her job. She showed no sympathy, no compassion, no guilt.This teacher took a child’s life. But she also caused a lot of damage to his classmates, many of who were victims of trauma already. Those kids who witnessed it already had behavioral problems. His classmates and their parents were forbidden to talk to me. But for many of the children, witnessing the abuse of Cedric was so traumatic for them that they spoke, and in turn, their parents spoke to me.

After I read the autopsy report, I was taken aback at how much a school can get away with. Cedric’s death was ruled a homicide. The school policy allows for “therapeutic floor holds” when a child is endangering himself or others. Here Cedric was not endangering himself or others. This floor hold should not have been done.

The teacher’s previous treatment was reviewed and no problems were found with her conduct. No legal action was taken against this teacher, and as a foster mother, I didn’t have the right to press charges. Eventually a judge found this teacher’s actions to be reckless, and Cedric’s death not an accident.But she never received a criminal record or any kind of sentence. She was placed on a Texas registry for being abusive to children. But that registry only applies to Texas, and I have been told that this teacher now teaches at a public high school in Northern Virginia. Her Virginia teaching license shows her credentials to be K-12 special education. If that teacher was just doing her job, then something is very wrong with the system.

If I’d treated Cedric that way at home, I’d be in jail. I want to make sure this doesn’t happen to anyone else’s child. It is awful the way Cedric died. He was a good kid. This should have never happened. The morning Cedric died, as he was boarding the bus, he turned around and got a beaming smile on his face, and said to me “You know I love you, ma.” He was a good kid.

For more info: edlabor.house.gov/hearings/2009/05/examining-the-abusive-and-dead.shtml.

NY: School principal busted for beating teacher at corporal punishment hearing

NOTE: How's this for irony?

By Jeff Wilkins and Elizabeth Lazarowitz DAILY NEWS WRITERS
Updated Thursday, May 21st 2009, 6:23 PM Read more: http://www.nydailynews.com/news/ny_crime/2009/05/21/2009-05-21_school_principal_busted_for_beating_teacher__during_corporal_punishment_hearing.html#ixzz0GIGdd06u&B

It was an object lesson in irony.

A Brooklyn principal was arrested Thursday on charges of beating up a teacher - at a corporal punishment hearing.

Principal Sean Keaton of Public School 20 allegedly punched and kicked teacher Robert Segarra during a heated exchange over accusations against another educator.

"You need to stop. I'm tired of you," Keaton said after approaching Segarra, 49, from the other side of the table.

"You need to stop. You're in my face," Segarra said he replied.

Keaton began poking him in the face, then suddenly punched him and knocked him to the ground, where he kicked him, Segarra charged.

Segarra, 49, said he refused to fight back.

"Even though he's out of his mind, he's still my supervisor," he said.

Keaton, 38, was arrested around 11 a.m., charged with misdemeanor assault and given a summons to appear in court.

He was removed from the school pending an investigation, Department of Education spokeswoman Marge Feinberg said.

The hearing was called after two students accused a special education teacher at the Clinton Hill school of corporal punishment.

Keaton and an assistant principal were hashing it out with the accused teacher and Segarra, who is also a union official, when tempers flared.

"[Principals] have no right to harass or bully teachers, much less physically assault them," United Federation of Teachers President Randi Weingarten said after the fracas.

She said the allegations, if true, are "beyond the pale."

Keaton, who started at PS 20 as a substitute teacher in 1992, has been principal since 2005 and is a divisive figure.

Although some parents praised him Thursday, saying he was "very good with children" and a "good educator," controversy has swirled around him for months.

Anonymous comments at Insideschools.org have called him "a disaster. [He's] authoritarian, defensive ... hostile and even abusive to some parents (including the president of the PTA!), sent angry e-mails to parents who dared challenge his authority, and responded defensively to any suggestions."

They complained he "actively discouraged" volunteerism and parent involvement, yells at the kids and will deny an entire grade recess for one student's infraction.

"Shouting at children and imposing blanket punishments seems to be the rule at PS 20," one comment said.

"He's a hothead," said a school employee who asked not to be named.

"I've certainly seen him get angry before," he said. "The smallest things can set him off."

elazarowitz@nydailynews.com



Read more: http://www.nydailynews.com/news/ny_crime/2009/05/21/2009-05-21_school_principal_busted_for_beating_teacher__during_corporal_punishment_hearing.html#ixzz0GIGkmTQC&B

Press Release, Archived Webcast, Video, & Photos from Today's Hearing!

From Today's Congressional Hearing on Restraints & Seclusions in Public & Private Schools

Archived webcast – http://edwork.edgeboss.net/wmedia/edwork/fc/fc051909.wvx

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

Blog Post - http://edlabor.house.gov/blog/2009/05/news-of-the-day-gao-schools-re.shtml

The hearing page has links to all the items below - http://edlabor.house.gov/hearings/2009/05/examining-the-abusive-and-dead.shtml

Videos:

All - http://www.youtube.com/profile?user=EdLaborDemocrats&view=videos&query=examining+the+abusive+and+deadly+use+of+seclusion+and+restraint

Chairman Miller’s opening statement - http://www.youtube.com/watch?v=bYMRDtIM82c

Chairman Miller’s Q &A – http://www.youtube.com/watch?v=BR8PzlWDous

Rep. Rob Andrews’ Q & A – http://www.youtube.com/watch?v=1ZqSdFCqVgc

Ann Gaydos - http://www.youtube.com/watch?v=nrivOTdxV08

Elizabeth Hanselman -  http://www.youtube.com/watch?v=HjW-ueakxZE

Greg Kutz - http://www.youtube.com/watch?v=Wdhsk-T6krs

Reece L. Peterson, Ph.D. - http://www.youtube.com/watch?v=ooD7sQq96pU

Toni Price - http://www.youtube.com/watch?v=yXXVFFcHwr8

Flickr Photos - http://www.flickr.com/photos/edlabordems/sets/72157618396830643/

HEARING TOMORROW!! 10:00 am! Washington, DC. Live Webcast!

Examining the Abusive and Deadly Use of Seclusion and Restraint in Schools

Full Committee Hearing 10:00 AM, May 19, 2009 2175 Rayburn H.O.B. 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

Witnesses:

Ann Gaydos Mother of a victim Monument, Colorado

Elizabeth Hanselman Assistant Superintendant for Special Education and Support Services Springfield, Illinois

Mary V. Kealy, EdD Assistant Superintendent for Pupil Services Loudoun County Public Schools Virginia

Greg Kutz Managing DirectorForensic Audits and Special Investigations U.S. Government Accountability Office Washington, D.C.

Reece L. Peterson, Ph.D. Professor of Special Education University of Nebraska Lincoln, Nebraska

Toni Price Mother of a victim who died Killeen, Texas

The live webcast (10 am EDT) will be here – http://edwork.edgeboss.net/wmedia-live/edwork/16137/300_edwork-2175stream_070124.asx

And the hearing page will have the written testimony as it is given – http://edlabor.house.gov/hearings/2009/05/examining-the-abusive-and-dead.shtml

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.

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