Showing posts with label Regulations and State Policies. Show all posts

Monday, October 11, 2010

FL: Florida 'gutted' child restraint bill of most important protections, mother of restrained child says

Palm Beach Post Staff Writer

Updated: 11:59 a.m. Sunday, Oct. 10, 2010

Posted: 11:48 a.m. Sunday, Oct. 10, 2010

http://www.palmbeachpost.com/news/schools/florida-gutted-child-restraint-bill-of-most-important-964179.html

Port Orange Republican Dorothy Hukill's legislation restricting seclusion and restraint of Florida schoolchildren earned the state representative national notice.

"Florida was going to be the model for other states to follow," said Lori Mcllwain, a spokeswoman for the 10,000-member American Autism Association.

By the time it got to the governor's desk, though, Hukill's bill was stripped of its toughest provision: Instead of banning prone restraint, the bill was altered to bar restraint that can restrict a child's breathing.

"They took a good bill that had protective language for children with disabilities and gutted the bill, took out all the safety precautions," said Phyllis Musumeci, a mother whose son was forcibly held in a prone restraint more than 20 times at a Palm Beach County school. The Autism Association agreed: In a 180-degree turn, the group urged a letter writing campaign to persuade Gov. Charlie Crist to veto the bill.

"Was it as strong as I would have liked it to be? No," said Hukill of the new law, which took effect this year. "Am I delighted that we are finally addressing the problem? Absolutely."

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Even so, parts of the new law may not be as effective as hoped. Take training. Provisions call for enhanced training to offset risk. When it comes to prone restraint, though, Ohio's search of national literature doesn't support that idea, said Michael Rench, Ohio Rehabilitative Services Commission Administrator. Ohio last year banned prone restraint by most government employees, including teachers. "Everything we found was that it just is not safe even when applied by well-trained individuals," he said. As an example, Mark Kamleiter, a St. Petersburg lawyer and former public school behavioral specialist said prone restraint frequently calls for two or more people to apply force. One person may know the amount of force he is applying, but wouldn't necessarily know how much force the other person is applying. "You can hurt the child by accident," he points out.

For instance, 12-year-old Michael Wiltsie died in an Ocala youth camp in 2000 after a counselor pinned him to the ground. A grand jury found that the counselor was following proper procedures.

"You cannot train a person how to safely do a prone restraint," said Barbara Trader, executive director of TASH, a Washington advocacy group for people with disabilities. "It's not possible."

To read the full article, please follow the link: http://www.palmbeachpost.com/news/schools/florida-gutted-child-restraint-bill-of-most-important-964179.html

Wednesday, July 28, 2010

India: Partha De "Determined to Stop the Menace of Corporal Punishment at Any Cost" with New Complaint System

July 28, 2010

Corporal Punishment

(The Telegraph) Students and parents can soon complain about corporal punishment directly to the state government through SMS and email under a separate set of rules meant to ensure that teachers spare the rod.

“We are determined to stop the menace of corporal punishment at any cost. No teacher will be allowed to inflict physical and mental torture on students,” declared school education minister Partha De following a series of meetings through the day to finalise the draft of the proposed rules.

The rules, including “direct government intervention” based on complaints filed by guardians and students with the authorities, will be binding on all schools affiliated to the state board.

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“There can be no excuse for beating up a student. When a teacher is appointed, he/she needs to make a declaration not to impose any kind of physical or mental torture on students. The new set of rules aims to ensure that under no circumstance can a teacher break that oath,” said De.

To read the full article, please follow the link: http://news.icbse.com/complain-corporal-punishment-email-sms-482#ixzz0v15Sjs00

NE: Dept of Ed Develops Restraint and Seclusion Document

JULY 28, 2010

http://preventionperspectives.com/nebraska-doe-develops-document-on-restraint-and-seclusion/

The Nebraska Department of Education developed a technical assistance document, Developing School Policies & Procedures for Physical Restraint and Seclusion in Nebraska Schools.

The document was created to provide schools information and guidance to create or revise policies regarding use of restraint and seclusion, based on national policy directions and research.

It contains sections on developing policies and procedures on restraint and seclusion, components of policies and procedures, and examples of policies.

View the Developing School Policy & Procedures for Physical Restraint and Seclusion in Nebraska Schools technical assistance document.

Thursday, October 15, 2009

GA: Forum to address child restraint policies

By Travis Fain - tfain@macon.com

http://www.macon.com/local/story/880466.html

Advocates for children with disabilities will hold a public forum in Macon today to talk about an issue state education officials are grappling with: When is it OK for educators to restrain or seclude a student?
Those practices — whether it be drugging a child, physically restraining them or locking them alone in a padded room — aren’t used often in Georgia schools. But situations do arise, particularly for students with a mental handicap.
The state Department of Education hasn’t had any hard and fast rules about the practice, leaving it up to local districts instead. Now the state is developing a rule, and several organizations interested in the process are gathering to discuss it from 5:30 to 7 p.m. at the Pilot International Foundation located at 102 Preston Court in Macon.
So far, in draft regulations, the state is moving toward a total ban on chemical restraint, as well as a ban on seclusion and using restraint as a punishment, according to the Georgia Advocacy Office.
But the GAO and other groups are hoping for more changes, including more training for school personnel and reporting requirements in the rare cases restraint would be allowed to keep a child from hurting himself or others.
“If it happens to any kid, it can happen to every kid,” GAO Executive Director Ruby Moore said of restraint and seclusion.
“We want rules that protect all of Georgia’s students from restraint and seclusion,” said Eric Jacobson, executive director of the Georgia Council on Developmental Disabilities.
The Bibb County school system does “do some restraint” with written parental permission, Special Education Director Donna Poole said.
Typically that means a “hold that you’re trained to do” to restrain the student, she said.
Poole also said she would like to see the state offer some guidance on these issues.
To contact writer Travis Fain, call 744-4213.

Saturday, October 3, 2009

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."

Friday, June 5, 2009

LA: Legislator pushes school paddling ban

By Robb Hays
Posted: June 5, 2009 04:56 PM EDT
Updated: June 5, 2009 05:38 PM EDT
http://www.wafb.com/Global/story.asp?S=10486901&nav=menu57_2

BATON ROUGE, LA (WAFB) - A Louisiana state legislator wants to see paddling and other forms of corporal punishment banned in public schools across the state.

House Bill 571, by Representative Barbara Norton, D-Shreveport, calls for the practice of corporal punishment to become illegal beginning next school year.

Norton says the state has no tracking system in place to see which students are being paddled and how often. She says there is no way to know whether students are being paddled from one year to the next.

"If the state would introduce a tracking system, they would know it's not working," Norton said.

Norton maintains that if corporal punishment was working, the same children would not be getting paddled again and again - something she maintains is taking place.

"The school system was built on educating children, not raising them," Norton said. "If you do what you're supposed to do at home, we wouldn't have to be raising them in schools."

Norton's legislation is scheduled to be brought up for debate at noon on Tuesday June 9th before the House Committee on Education. Norton is planning to hold a rally in favor of her bill on the capitol steps at 11am that morning.

Friday, May 22, 2009

VA: Teacher’s Past Use of Force Prompts Call for Rules on Restraining Students

By Michael Birnbaum (Contact), Maria Glod
Originally published at 3:47 p.m., May 20, 2009Updated at 1:14 a.m., May 21, 2009
http://loudounextra.washingtonpost.com/news/2009/may/20/light-loudoun-teachers-use-force-education-secreta/?local

Citing "disturbing" reports of schoolchildren harmed when teachers physically restrained them, U.S. Education Secretary Arne Duncan called on state school chiefs yesterday to develop plans this summer to ensure that restraints are used safely and sparingly.
Virginia and Maryland have policies that call on teachers to use other means to calm students and to turn to physical restraint only when a student is in danger of hurting himself or others. D.C. law provides no guidance on the issue for public schools but restricts public money from going to private schools if they restrain students in ways that are physically dangerous.

Duncan's announcement came a day after federal investigators revealed word of hundreds of allegations that youngsters were improperly held, bound or isolated in schools over the past two decades. Investigators with the Government Accountability Office highlighted a 2002 case in Texas that involved a teacher who now works in Loudoun County. Teacher Dawn Marie Hamilton lay on a 14-year-old boy who refused to stay in his seat, and the boy died, according to the report.

Hamilton, a special education teacher at Park View High School in Sterling, was hired in Virginia by officials who had no knowledge of the incident, which did not turn up in background checks. Hamilton was not criminally charged but was listed on a Texas registry of individuals found to have abused or neglected children.

Hamilton has been placed on administrative leave with pay. She did not respond to an e-mail or a phone message left at her home yesterday.

No federal law restricts the use of restraints or seclusion in schools, and the states have a patchwork of regulations, the GAO report found. Investigators also noted an absence of a central government effort to track the use of restraints in schools or allegations of abuse.

Duncan, who spoke during a congressional hearing on President Obama's education plan, cited as a model an Illinois policy that prohibits the use of restraints as a punishment, requires documentation of each incident and includes considerable training for teachers.

"I'm going to be working with state school chiefs as we go into the next school year to make sure that across the country we are thoughtful and we are not doing anything that endangers children," he said.

The use of restraints in schools presents a delicate balance for educators who are teaching a growing number of special-needs children who might have behavioral problems. In general, restraints and seclusion are used only in cases in which children might harm themselves, classmates or staff members. [NOTE: There is the BELIEF that restraints and seclusions are only used in "emergencies." We know for a fact that "in general" restraints and seclusions are NOT being used "only in emergencies," but are being over-used and unnecessarily used. See the links on the side bar for "restraint" and "seclusions" to read through a collection of news stories on these issues.]

Mary Kealy, an assistant superintendent for pupil services in Loudoun schools, had been scheduled to testify at a congressional hearing Tuesday to discuss the GAO report but dropped out after Hamilton's connection came to light.

In written testimony, Kealy said that all Loudoun special education teachers are required to have basic training in defusing conflicts and that physical restraint training is done only for teachers who work with students with autism, emotional disabilities and severe cognitive challenges. Training is available but not required for general education teachers, she said.

"The appropriate use of physical restraint may be a tool, under certain circumstances, used as a last resort for students who exhibit out of control or dangerous behavior and may injure themselves or others," Kealy said.

Hamilton was working in a Texas middle school in 2002 when 14-year-old Cedric Napoleon stopped doing his work and teachers delayed his lunch as punishment, according to the GAO report. The boy tried to steal candy and refused to stay in his chair. Hamilton held the boy in his chair, investigators found. He struggled, and she put him on the floor and lay atop him as he kicked and cursed. According to state documents, the boy suffocated.

Since the 2002 incident, according to a Loudoun schools official, Hamilton has worked at another public school in Texas; at a private academy in Springfield; and at Rock Creek Academy, a private special education school in the District.

Sunday, May 17, 2009

TX: TISD OKs corporal punishment

by Dan Fearson | Education Writer
Published: May 14, 2009

http://www.tdtnews.com/story/2009/05/14/57905/

Students with discipline issues in the Temple school district may want to rethink their actions, as the district approved new student discipline guidelines for corporal punishment, which could include spanking or paddling.

The updated policy will go into place during the 2009-10 school year, and will be included in the district’s student code of conduct. It will encompass all district students. Temple school board members unanimously approved it during Monday night’s board meeting.

“We had a corporal punishment policy a few years ago, that we rarely used,” said John Hancock, TISD director of student services, estimating that it was four to five years ago when the district had the policy.

“Parents and other patrons have asked us as a district why we didn’t have any type of corporal punishment policy,” said Hancock, about why the district decided to update its policy.

Some residents believe it could be a solution to better handling discipline issues, he said.

According to the policy, students should be told why the corporal punishment would be administered, and it may only be administered with the consent of a principal or designee. Hancock said the designee in most cases would probably be an assistant principal.

The principal must also approve the instrument used for the punishment, and the action itself must be conducted in the presence of a professional TISD employee, and out of view of other students.

Hancock said male teachers would not be allowed to carry out punishment on female students.

The district will allow parents to request that their children not be administered the punishment, although they will face other discipline measures consistent with the offense.

The policy also states there must be records kept of any corporal punishment, including the names of the person administering the punishment, the witness, and the date and time. Hancock said when the district had the similar policy in the past, there were very few records of punishment taking place.

“Typically (in the past) at our elementary schools, the punishment was carried out with a small paddle,” said Hancock, who went on to say that students with personalized discipline plans might not receive the punishment.

There is an exception contained within the policy that says coaches, physical education teachers and teachers supervising recess may use reasonable physical exercises or activities as a measure to enforce class or team rules within their activities, and that this is not considered a form of corporal punishment.

Within the TISD’s student discipline policy, employees may discipline students at different levels, depending on the seriousness of their offense, their age, the frequency of the misconduct, the student’s attitude and the effect of the misconduct on the school environment.

TISD parents shopping at the Temple Mall on Wednesday said they were not happy about the policy.

“It’s not the school’s job to spank my kids,” said Rolanda Smith, who has three children attending schools in the district. “Whose job is it to decide when the kid is acting up to the point that they deserve a spanking? That’s my job as a parent.

“They could do other things - with the older students they could give them detention, and they could pull the younger kids out of class and keep them in the office,” Ms. Smith said.

Sandi Vasquez also said she didn’t like the policy changes.

“That’s dumb,” Ms. Vasquez said. “I don’t want someone who has no relationship with my kids spanking them.”

Texas Association of School Boards spokeswoman Barbara Williams said the organization offers legal advice to school boards on items that could include discipline and corporal punishment.

Ms. Williams said districts have the option to take the language provided to them by TASB, or use their own language when deciding policies.

Hancock said the district discussed the legalities of the punishment with TASB, as well as its own legal counsel. He said in the past there were legislative issues that arose that caused the district to drop the policy to avoid conflicts.

According to TASB, there are 92 public school districts in Texas that prohibit corporal punishment and 470 that allow for it - there are also hundreds of districts with their own unique policies.

MO: Education Bill Containing Seclusion Language Passes

From Missouri Families Against Restraint and Seclusion: http://nomoseclusion.blogspot.com/2009/05/education-bill-containing-seclusion.html

Missouri, May 14, 2009

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

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

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

Section dealing with seclusion:

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

Summary:

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

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

Monday, May 11, 2009

OH: Officials want ban on face-down restraint

ANDREW WELSH-HUGGINS

The Associated Press

Posted on Thu, May. 7, 2009

http://www.philly.com/philly/wires/ap/news/state/pennsylvania/20090507_ap_ohioofficialswantbanonfacedownrestraint.html

COLUMBUS, Ohio - Ohio behavioral services officials want the state to ban a form of restraint blamed for the death of a 17-year-old girl at a Cleveland treatment center last year, according to a report obtained by The Associated Press.

State agencies that oversee homes and treatment centers for troubled or disabled youth and adults want to prohibit the control technique that forces patients to lie face down while being restrained, according to a two-page task force report released in response to a Freedom of Information request.

The report cites overwhelming evidence that the technique carries a high risk of serious injury or death. The only exception is in the case of "an identified overriding medical necessity," the report says.

"There is just not any evidence that we can find anywhere that these restraints are safe," Michael Rench, community services deputy director for the Ohio Department of Mental Retardation and Developmental Disabilities, said in an interview Thursday.

"When you're pushing somebody down on the floor face first and you're putting any weight on the back of them, you're beginning to cause problems with the lungs and other parts of the body," said Rench, who headed the task force.

Rench said other techniques, including other types of holds, are not as risky.

The recommendation will go to Gov. Ted Strickland for his review.

The Cuyahoga County Coroner ruled the Dec. 13 death of Faith Finley a homicide, saying the disruptive girl choked on vomit and suffocated at a church-run treatment center while being held in a face-down position. Parmadale Family Services fired three workers involved in the incident, saying they did not follow the center's policies.

Mental disability agencies in Ohio and other states have already banned the restraint or looked at ways to limit physical restraints, according to a survey by the National Association of State Directors of Developmental Disabilities Services.

Virginia regulations prohibit staff in state disability hospitals from lying on or applying pressure to a patient's chest "while the client is in a prone or supine position." Vermont's disability agency bans restraints in which individuals are lying face down or on the ground. In 2006, the Office of Mental Retardation in neighboring Pennsylvania recommended moving toward the elimination of all restraints.

A 2006 study by Cornell University researchers documented 44 deaths nationally of children who died in treatment facilities because of physical holds or other restraints. But several factors can contribute to such deaths, including applying a restraint in the wrong way or not being aware of a patient's pre-existing medical condition, said Martha Holden, one of the study's co-authors.

Holden is wary of states banning a particular type of position because it can send the message that other restraints are always safe.

"They all have risks," she said. "Our message is to try to emphasize that it is a high-risk intervention regardless of what techniques you use."

Rench said his task force considered that concern.

"We understand that there needs to be a use at times of some sort of a physical restraint," he said. "But we want it done in an appropriate and well-thought out and well-trained manner."

,,,

On the Net:

Survey of state disability agencies' approach to restraints:http://www.nasddds.org/RestrictiveProcedures/index.shtml