Monday, February 8, 2010

MO: HB 1543 - Corporal Punishment and the Use of Force

February 8, 2010

By: Jennifer Searcy
Founder/Director of Public Policy & Affairs

HB 1543, a new bill on corporal punishment and the use of force, has been introduced into (and is quickly moving through) the Missouri House of Representatives.

Ange Hemmer, our colleague from Missouri Families Against Restraint and Seclusion, has written a blog post which explains her concerns with HB 1543. While we are analyzing this bill more fully, we wanted to share Ange's concerns with this bill with our readers - concerns which we also share. Here's an excerpt from her most recent post:
HB 1543, an omnibus bill dealing in part to improve school safety, is currently moving its way through the Missouri House of Representatives. It is my understanding that this bill, which looks a lot like HB 96 from last year, was discussed in the Education Committee last Wednesday.

Among the amendments adopted was one that bans corporal punishment of special education (IEP) students. This is great news for those who have been identified as special educated students, but is Missouri going to continue to fight to keep corporal punishment legal in Missouri schools?

Besides that issue, there is the continuing problem where school districts are left to conduct their own investigations if there are abuse allegations after spanking or use of force to protect persons or property. Children's services would not be allowed to conduct an investigation unless the school district finds itself liable for abuse.

As in last year's bill, "use of force" and "property destruction" are not defined, and since Missouri does not ban prone restraint (or other harmful methods of "force"), a child can legally be held face down for property destruction as minor as ripping up paper. In other words, what is happening currently to this child will continue to be LEGAL.

We detailed our concerns about HB 96 in this post from January 31, 2009:
http://tcfpbis.blogspot.com/2009/01/action-alert-mo-house-bill-96-school.html

Please read the new bill and form your own opinions. And if you have any questions or concerns, please consider taking the following actions:

Consider emailing us at tcfpbis@gmail.com with HB 1543 in the subject line to discuss this further.

Contact the Missouri House Special Standing Committee on Children and Families :
http://house.mo.gov/content.aspx?info=/bills101/commit/com488.htm and
Elementary and Secondary Education Committee: http://house.mo.gov/content.aspx?info=/bills101/commit/com455.htm

And the Missouri Senate
Education Committee: http://www.senate.mo.gov/10info/comm/educ.htm and theJoint Committee on Education: http://www.senate.mo.gov/10info/comm/statutory/jced.htm

Saturday, February 6, 2010

Opinion: Should a Child Be Arrested for Doodling on a Desk?

February 6, 2010
By: Jennifer Searcy
Founder/Director of Public Policy & Affairs
The Coalition for Positive Behavioral Interventions & Supports

The Associated Press is running a story on how twelve-year-old Alexa Gonzalez was taken from her school, Junior High School 190 in Queens, NY, in handcuff's for doodling "Lexa was here 2/01/10" and "I love my friends Abby and Faith" on her desk in erasable marker.

That's right: She was taken away in handcuffs for doodling on a desk with an erasable marker. Not because she was excessively violent, or because she'd assaulted someone; not because she'd committed or threatened murder or was selling drugs on school property - but because she "vandalized a desk" with an erasable marker.

What are our school systems becoming?

Should a twelve-year-old have known better than to "doodle" on a desk? Most likely, yes. Should she have been punished for vandalizing school property? Again, most likely yes. But should she have been arrested? Absolutely not.

Wouldn't a more appropriate punishment have been requiring her to wash the marker off of the desk and/or given her after-school detention?

Eric Cantor, a NY Education Department spokesperson, agrees the school over-reacted: "[T]he incident shouldn't have happened, and that common sense should prevail."
What kind of message is this sending to our children, when relatively normal childhood behaviors are criminalized? Is this really where our "Zero Tolerance" policies have led us?



What are your thoughts on this?

Thursday, February 4, 2010

Bipartisan Legislation to Prevent Abuse in Schools Clears House Committee

UNITED STATES CONGRESS

Thursday, February 4, 2010

Melissa Salmanowitz (Miller) 202.226.0853

Todd Weiner (McMorris Rodgers) 202.225.2006


Bipartisan Legislation to Prevent Abuse in Schools Clears House Committee


WASHINGTON, D.C. – The House Education and Labor Committee today passed bipartisan legislation to make classrooms safer for students and school staff by preventing the misuse of restraint and seclusion. The Committee passed the Preventing Harmful Restraint and Seclusion in Schools Act (H.R. 4227) by a vote of 34 to 10.


A U.S. Government Accountability Office report released last spring exposed hundreds of cases of schoolchildren being abused as a result of inappropriate uses of restraint and seclusion, often involving untrained staff. In some cases, children died. A disproportionate number of these victims were students with disabilities. In some of the cases GAO investigated, ropes, duct tape, chairs with straps and bungee cords were used to restrain or isolate young children.


“This bill makes clear that there is no place in our schools for abuse and torture,” said U.S. Rep. George Miller (D-CA), chairman of the House Education and Labor Committee. “The egregious abuse of a child should not be considered less criminal because it happens in a classroom -- it should be the opposite. I’m proud that this bill has bipartisan support and I hope the full House will vote on it soon.”


“I’m pleased that H.R. 4247, the Preventing Harmful Restraint and Seclusion in Schools Act, was reported out of Committee today. This is a victory for students, parents, families, educators, and advocates who have worked tirelessly to ensure the health and safety of children in schools,” said U.S. Rep. Cathy McMorris Rodgers (R-WA), a member of the House Education and Labor Committee and vice chair of the House Republican Conference.


“When I send my son Cole to school, I send him with the expectation that he is safe from danger. Yet, there have been hundreds of cases in which schoolchildren were harmed as a result of inappropriate uses of restraint and seclusion. Our bill is a long stride forward in ensuring that our tax dollars are not used to abuse children. I look forward to working with Chairman Miller and my colleagues to pass this bill through Congress this year, and have it signed into law.”


Unlike in hospitals and other medical and community-based facilities that receive federal health funding, there are currently no federal laws addressing restraint and seclusion in schools. While the Children’s Health Act of 2000 regulates how and when restraint and seclusion can be used on children in these other settings, this bill would cover schools for the first time. State regulation and oversight varies greatly; many states provide no guidance or assistance regarding these behavioral interventions.


The Preventing Harmful Restraint and Seclusion in Schools Act will, for the first time, put in place minimum safety standards to prevent abusive restraint and seclusion in schools across the country, similar to protections already in place in medical and community based facilities. After two years, states will need to have their own policies in place to meet these minimum standards. It would apply to public schools, private schools and preschools receiving federal education support.


Specifically the legislation would:


· Limit physical restraint and locked seclusion, allowing these interventions only when there is imminent danger of injury, and only when imposed by trained staff;


· Outlaw mechanical restraints, such as strapping kids to chairs, and prohibit restraints that restrict breathing;


· Require schools to notify parents after incidents when restraint or seclusion was used;


· Encourage states to provide support and training to better protect students and prevent the need for emergency behavioral interventions; and


· Increase transparency, oversight and enforcement tools to prevent future abuse.


The legislation embodies principles outlined by the Obama administration in December. It has the support of nearly 100 organizations, including the National School Boards Association, the National Education Association, and the American Federation of Teachers. See a full list of supporters here:


http://edlabor.house.gov/blog/2010/01/supporters-of-the-preventing-h.shtml


Miller first requested the GAO investigation in January 2009, after the National Disability Rights Network released a report highlighting these abuses.


For more information about the bill, click here.


To learn more about definitions in the bill, click here.


To learn more about the myths/facts in regards to this bill, click here.

Article: Violence in Aggressive Children & Youth

Excerpt from The Council of Exceptional Children & Youth

Author: Mary K. Fitzsimmons

November 1998

http://cec.sped.org/AM/Template.cfm?Section=Home&CONTENTID=2701&TEMPLATE=/CM/ContentDisplay.cfm

A few of the key elements that emerge from much of this research include:
  • Troubled students need habilitative services instead of haphazard punishment. A full continuum of educational, mental health, and other services should be available to them.
  • Aggressive and violent behaviors do not develop overnight and cannot therefore be ameliorated or eradicated in short periods of time.
  • The entire community is better off when troubled students are served more appropriately.
  • Schoolwide discipline policies need to be formulated and taught to all students.

What to Look For

Aggressive students often exhibit deficits in social information processing; that is, they are likely to misinterpret social cues and misassign hostile intent to others, especially during times of stress. They are more likely than others to have some social skills deficits such as poor impulse control, low frustration tolerance, limited ability to generate alternative responses to stress, and limited insight into the feelings of self and others. Social skills training can be crucial to these students.

These students also may be frequently frustrated and yet have fewer skills than others to cope with the frustration. Additional sources of frustration for these students include:

  • Disorganized or inconsistent teachers
  • Failure
  • Boredom
  • Lack of positive reinforcement
  • Irrelevant curriculum
  • Overexposure to punishment
  • Feelings of powerlessness
The Stages of Frustration and Appropriate Responses

1.Anxiety: Student sighs or uses other nonverbal cues. Teacher can respond by active listening and nonjudgmental talk.
2.Stress: Student exhibits minor behavior problems. Teacher can use proximity control, boost student interest, or provide assistance with assignments.
3.Defensiveness: Student argues and complains. Teacher can remind student of rules, use conflict resolution, and encourage student to ask for help.
4.Physical Aggression: Student has lost control and may hit, bite, kick, or throw objects. Teacher can escort the student from class, get help, restrain student if necessary, and protect the safety of the other children.
5.Tension Reduction: Student releases tension through crying or verbal venting, or student may become sullen and withdrawn. Teacher can decide whether to use supportive or punishment techniques (or both) and help the student gain insight into feelings and behavior.

How to Respond

A nurturing, caring environment is one antidote to frustration and aggression. Teachers who are therapeutic demonstrate a high level of self-awareness and self-confidence, realistic expectations of self, and the ability to exhibit and model self-control in managing stress and frustration. Therapeutic teachers can develop the type of nurturing environment needed to establish trust and rapport with their students.

Many specific strategies are available to educators to help troubled students. However, early intervention is by far the most important predictor for success. Experts agree that if comprehensive intervention is not provided by Grade 3 or 4, success in ameliorating aggression is unlikely.

How to Intervene

Once these children have been identified, there are three stages of prevention that influence the intervention strategies:

1.Primary prevention aims at keeping problems from emerging. First Step to Success and other commercially available curriculums can be used to divert antisocial young children from a path leading to adjustment problems.
2.Secondary prevention requires individually tailored interventions applied to students who show at risk status. Individual counseling and one-on-one behavior management plans are hallmarks of this stage of intervention. The Second Step is an example of a commercially available curriculum designed for these students.
3.Tertiary prevention involves intensive "wraparound" services that extend beyond the school building to encompass family and social support services. It is applied to the most severely at-risk students.

Wednesday, February 3, 2010

Restraint & Seclusion Legislation/Hearing Feb 4, 2010


News ● U.S. House of Representatives


EDUCATION & LABOR COMMITTEE

Congressman George Miller, Chairman


ADVISORY FOR Thursday, February 4, 2010

Press Office, 202-226-0853


Advisory: House Education Committee to Consider Legislation to Protect Children From Abuse in Schools

WASHINGTON, D.C. – On Thursday, February 4th, the House Education and Labor Committee will consider legislation that will protect schoolchildren from harmful uses of restraint and seclusion in their classrooms.


A recent investigation by the U.S. Government Accountability Office found hundreds of allegations that children have been abused, and some even died, as a result of misuses of restraint and seclusion in public and private schools, often at the hands of untrained staff. Unlike in hospitals and other medical and community-based facilities that receive federal health funding, there are currently no federal laws addressing restraint and seclusion in schools.


The Preventing Harmful Restraint and Seclusion in Schools Act (H.R. 4247) is the first national effort to address this troubling problem and ensure the safety of everyone involved – both students and school staff. It would establish minimum safety standards in schools and increase transparency, oversight and enforcement to prevent future abuse, among other things. Learn more here: http://edlabor.house.gov/blog/2009/12/preventing-harmful-restraint-a.shtml.


WHAT: Full Committee Mark-Up of H.R. 4247 “The Preventing Harmful Restraint and Seclusion in Schools Act”


WHEN: Thursday, February 4, 2009

11:00 a.m. ET


WHERE: House Education and Labor Committee Hearing Room

2175 Rayburn House Office Building, Washington, D.C.


Note: This hearing will be webcast live from the Education and Labor Committee website. You can access the webcast when the hearing begins at 11:00 am Eastern here.

Plea for Colo. man accused of Haiti school abuse

The Associated Press

http://www.ajc.com/news/nation-world/plea-for-colo-man-288857.html

NEW HAVEN, Conn. — A Colorado man charged with sexually abusing boys at a school he founded for street children in Haiti pleaded not guilty Tuesday to new charges that raise the number of alleged victims to 18.

Authorities accuse Douglas Perlitz of enticing children at the Project Pierre Toussaint school in Cap-Haitien into sex acts by promising them food, shelter, cash, cell phones, electronics and shoes. They say he also withheld benefits and threatened to expel the boys if they refused his wishes.

Perlitz pleaded not guilty in federal court in New Haven to nine counts of traveling outside the United States with the intent to engage in sexual conduct with minors and 10 counts of engaging in sexual conduct in foreign places with minors.

The 39-year-old Perlitz, of Eagle, Colo., was charged last year with sexually abusing nine boys. Prosecutors doubled the number of alleged victims with a new indictment announced last week.

For the full article, please click the following link: http://www.ajc.com/news/nation-world/plea-for-colo-man-288857.html

OR: Former teacher, coach arraigned on sex abuse charges

Excerpt from: NewsReview.com

February 2, 2010
By: KATHY KORENGEL/The News-Review
http://www.nrtoday.com/article/20100202/NEWS/100209955/1063/NEWS&ParentProfile=1055

A former teacher and boys basketball coach at North Douglas High School in Drain was arraigned Monday on sex abuse charges allegedly involving an underage female in Douglas County.

Shane Adrian Mast, 31, was arraigned on five counts of third-degree sexual abuse, five counts of contributing to the sexual delinquency of a minor and one count of furnishing alcohol to a person under 21 years of age, Douglas County Deputy District Attorney Jodee Jackson said after the arraignment.

A grand jury indicted Mast on the charges on Dec. 18. The charges stem from alleged contact with a female between June 1 and Aug. 1, 2009, in an unspecified place in Douglas County, Jackson said, citing a copy of the indictment.

The female was younger than 18, according to the indictment. Jackson declined to say whether Mast knew the alleged victim and if so, how.

India: Teacher sent to 3-month jail for beating student

Excerpt from The Times of India

TNN, 3 February 2010, 06:55am IST


AHMEDABAD: To set an example in order to curb corporal punishment in schools, a city court on Tuesday punished a teacher and sentenced him three-month imprisonment for beating a student. The court has also awarded compensation of Rs 5,000 to the student.

[The teacher, Ranjitsingh] Yadav teaches Hindi language at Rashtriya Bharti Hindi School located at the CTM in Amraiwadi and went to standard IX on February 20, 2002 to [seek] books from students [and] to check home work assigned to them. A student named Mukesh Kushwaha, who had forgotten to bring the book to school that day, could not satisfy the teacher's queries.

Angry with the student, the teacher twisted Kushwaha's left arm and caused a fracture. The student was then rushed to the hospital for treatment, but his parents lodged a complaint with the Amraiwadi police station.

UK: Peterborough schools exclude primary age yobs

Excerpt from: PeterboroughToday.co.uk

Published Date:
02 February 2010
PUPILS as young as four are being excluded from Peterborough primary schools for abusing their teachers and classmates, alarming new figures have revealed.
A total of 43 fixed period exclusions have been made on children aged between four and eight at city schools in the past three years - between September 2006 and August 2009.

Pupils were excluded for physically and verbally abusing adults, other pupils and, in one instance between September 2007 and August 2008, a pupil was permanently expelled for physically abusing a teacher.

*******

She said tactics such as bringing in mentors, pastoral support plans, holding pupil at risk panels and sending children to seclusion units are all used before pupils are permanently barred.

There are three seclusion units across the city, where pupils are sent to cool down and do work following an incident of bad behaviour. Another successful initiative is the Social and Emotional Aspects of Learning agenda, which creates the best atmosphere for a pupil's learning, reducing disruptive behaviour.

Monday, February 1, 2010

OH: Abuse Case Against Local Teacher Dismissed

Excerpt from WPCO.com

Reported by: Lance Barry
Email: lance.barry@wcpo.com
Last Update: 12:47 pm

http://www.wcpo.com/news/local/story/Abuse-Case-Against-Local-Teacher-Dismissed/9Vn7yrPA4UKuSxb0Wy7u3w.cspx

COLERAIN TWP., Ohio -- A teacher at St. John the Baptist School has been cleared of criminal charges after another teacher turned her in last year for being physical with a child.

Kathleen Winters, 57, of Fairfield saw her disorderly conduct charge dismissed on Friday by Hamilton County Judge Bernie Bouchard.

Winters was cited last October in the alleged incident that dated back to August 26.

*****

Winters allegedly grabbed the arm of a 6-year-old student and pulled him away from a drinking fountain, while lecturing him.

It happened in front of another teacher who had escorted the student to the drinking fountain.

9News has learned the child in question has a medical condition that requires him to rehydrate often.

According to Colerain police, Winters was responsible for a group of students in a gym class. Those students were in line at the fountain when the 6-year-old was allowed in to the fountain.

"This case involved an attempt to maintain order in a classroom," Blankenship said. "There was no injury, no physical force, and no risk of injury. This teacher simply attempted to redirect a student away from the water fountain, since he wasn't supposed to be there. We intend to bring legal action against the school and all of those individuals who were involved in the persecution of this dedicated and innocent teacher."

Wednesday, January 20, 2010

MA: Prosecutor: Mom drugged girl, 4, to death

NOTE: There are quite a number of issues here: first, a psychiatrist who diagnosed the little girl with ADHD at age 2, bipolar disorder at age 3, and prescribed medications not approved for use in young children; next, parents allegedly over-medicated her and then didn't seek medical treatment after she developed pneumonia; and finally - a preschool, where staff are all mandated reporters - did not report their suspicions of abuse by over-medicating, even after the school principal reported that once the child was so "floppy" and lethargic - to the extent that the child was unable to walk on her own - that the principal personally had to carry the child into the school building after she'd been dropped off.

The end result: A dead four year old little girl. And the tragedies continue...

‘Evil scheme’ to get Social Security benefits alleged in Mass. trial

updated 4:52 a.m. ET, Wed., Jan. 20, 2010
BROCKTON, Mass. - In an "evil scheme," a Massachusetts mother fabricated symptoms of mental illness to get her 4-year-old daughter powerful drugs, then overmedicated the girl and allowed her to die when she became ill with pneumonia, a prosecutor said Tuesday at the woman's murder trial.

Assistant District Attorney Frank Middleton said Carolyn Riley took her daughter, Rebecca, to a psychiatrist when she was 28 months old in hopes of getting her diagnosed with mental illness and put on drugs so she and her husband could collect Social Security disability payments for the girl.

Middleton said Carolyn Riley consistently overmedicated the girl, giving her more than the amount prescribed by a psychiatrist. Then, when the girl became ill with pneumonia in the final days of her life, Carolyn Riley ignored the urgent pleas of three people who lived with them and refused to take her daughter to a doctor. Instead, Middleton said, she gave her daughter almost twice the amount of drugs prescribed by the psychiatrist.

"This defendant began an evil scheme that ended in murder," Middleton said.

Husband also faces trial
Riley and her husband, Michael, are both accused of murder in their daughter's December 2006 death in Hull. Michael Riley will go on trial after his wife.

Middleton showed jurors a note written by Carolyn Riley in which she detailed how much money the family was collecting through Social Security disability benefits — $2,668 per month — and how much additional money she hoped to collect — $633 per month — if she could convince Social Security doctors that Rebecca also had a mental disability.

But Carolyn Riley's attorney, Victoria Bonilla, said Carolyn took Rebecca to a psychiatrist when she was 2 because she was concerned about the girl, who was very active and had difficulty sleeping.

She said Carolyn Riley followed the instructions of the psychiatrist, Dr. Kayoko Kifuji, who diagnosed attention deficit hyperactivity disorder when the girl was 2 and bipolar disorder shortly after she turned 3. It was Dr. Kifuji, Bonilla said, who prescribed Clonidine for the ADHD and Depakote for bipolar disorder.

Defense: ‘Not nefarious’
"This is not nefarious," Bonilla said, but consistent with common medical practice to treat ADHD with Clonidine.

Bonilla also disputed allegations made by prosecutors that Carolyn Riley ignored pleas to help her daughter after she became ill with pneumonia. She said Carolyn Riley bought her daughter some children's cold medicine and gave it to her.

"Carolyn Riley did everything she could to treat her child. Carolyn Riley thought her daughter had a cold," she said.

Bonilla said a defense medical expert, as well as a prosecution expert, came to the conclusion that Rebecca died of pneumonia, not a drug overdose.

"She did not die at the hands of her mother," Bonilla said.

Middleton, however, said that in the last year of her life, Rebecca Riley was given well over the amount of Clonidine prescribed by Kifuji.

Middleton used a gruesome photo of Rebecca in his opening statement to the jury.

The photo, taken by police after her mother found her dead on the floor of their bedroom, shows the little girl wearing only a pink pull-up diaper, lying on a pile of magazines and clothing and a stuffed bear. She had a pink liquid oozing from her nose and mouth.

Carolyn Riley showed little emotion after her daughter was found dead, Middleton said. Later that day, he said, when Carolyn and Michael Riley went to get their daughter's things at her school, the principal saw them "joking and laughing" outside the school.

But Bonilla said Carolyn Riley was a "loving and caring parent," and was seen distraught by emergency responders after she found her daughter dead on the floor near her bed.

"She was cradling the child. She was hysterical," Bonilla said.

Like a ‘floppy doll’
One of the first witnesses to testify for prosecutors was Ellen McCarthy, the nurse at the Weymouth preschool Rebecca attended during the year before her death.

McCarthy said that in the months before her death, Rebecca was so lethargic and weak she was like a "floppy doll."

"When she was in the gym, she would sit down on the floor with me and she would just flop down," McCarthy said.

McCarthy said she was concerned about the amount of medication Rebecca was taking. She also said no one at Rebecca's preschool saw the aggressive or violent behavior Carolyn Riley described when explaining why Rebecca was on the powerful drugs.

The school principal, Victoria Silverstein, said that she once had to help Rebecca get off the school van after the driver called in and said the girl was shaking. Silverstein said that when she went to help her, Rebecca collapsed, "so I picked her up in my arms and carried her into the school."

Wednesday, January 13, 2010

PA: Delaware Valley School District to Pay $815,859 in Student Molestation Case

Excerpt from PRWeb.com:

Pike County, PA (PRWEB) January 11, 2010 -- The Delaware Valley School District and its insurer have agreed to pay $815,859 to a former elementary school student who was sexually abused by her teacher. The lawsuit (Civil action # 08-CV-581) filed on behalf of the Freeman family by Jack Cohen, Esquire, of Levy, Baldante, Finney, Rubenstein, Cohen & Chizmar, P.C. contends that school officials, including former Principal Robert L. Smith and former Superintendent James Melody, and current Superintendent Dr. Candis Finan, failed to heed numerous warnings about the teacher's conduct. The student, now 18-years-old, suffers from a multitude of psychological and social concerns.

The former student, identified as SF in the lawsuit, was a 7-year-old at Shohola Elementary School when she was sexually abused by Thomas Harvey Matthews, 51, her third grade teacher. Several years earlier the District had knowledge and documentation of Matthews' inappropriate behavior toward several students and one teacher but "failed to take necessary action", according to Cohen as stated in the civil suit filed in The United States District Court for the Middle District of Pennsylvania.

In 2000, four years after the alleged incident with SF, a female student of Matthews' came forward with allegations of sexual abuse. Later that year the District agreed to actively conceal Matthews' unlawful conduct in exchange for his alleged "voluntary resignation", and was even offered employment verification for a new teaching position in Virginia. Says Cohen, "All of these actions by the District and its officials demonstrate a clear evidence of deliberate indifference of the victims to the heinous actions of Matthews."

In the criminal case against Matthews in 2006, Matthews was sentenced to eleven and one-half years to twenty-four years for crimes committed against his former students. The sentence provides that he will serve his time in a state correctional institution. Prior to the sentence, Matthews was also held as a "sexually violent predator" under Pennsylvania's version of Meghan's Law.

The civil case, which was settled on December 17, 2009 (Civil action # 08-CV-581) in the United States District Court, Middle District of Pennsylvania, concludes that the district, principal and superintendents should have taken immediate action against Matthews.

The lawsuit is the latest in a series of suits against school districts alleging that the districts knew or should have known of potential sexual abuse and failed to investigate the allegations adequately. "This case was especially egregious because there were so many signs that Matthews was a predator to the young children at the school," says Cohen, "The District, responsible for the caring of these children, did absolutely nothing to protect them from this monster. As parents we trust our school administrators and principals will act in our children's best interests, yet sadly this does not always happen, and this case is a perfect example of what happens when those in charge turn a blind eye."

"Principals and administrators want to believe it couldn't happen in their town," said Cohen. "Schools need to be vigilant, and hopefully this settlement will lead to increased programming for teachers and administrators."

The former student's parents, Karen and Matthew Freeman called on the superintendent and the school board to raise public awareness of the problem.

"The suit was never about financial compensation," said Mrs. Freeman. "Rather, we believe it was a necessary vehicle to raise the district's consciousness toward issues concerning the manipulation of power by a teacher over his or her students and the failure of administrators and the district to recognize and report such an abuse of power."

To read the article in its entirety, please click the following link: http://www.prweb.com/releases/2010/01/prweb3430514.htm


Tuesday, January 12, 2010

TX: 2009 Restraint Report Issued; Number Unchanged Since 2008

Excerpt from the Texas Tribune:


Still Restrained

By Emily Ramshaw

January 10, 2010


Texas educators forcibly pinned down students with disabilities as many times in 2009 as they did in 2008, despite efforts to curb the practice in public schools.


The static numbers hide dramatic drops in restraints in many large school districts. Because many smaller school districts reported restraints for the first time in 2009, statewide numbers remained virtually unchanged.


School districts like Leander and Garland, which had some of the most restraints in 2008, cut their numbers in half in 2009, according to data collected by the Texas Education Agency (TEA). But some tiny school districts reported dozens of restraints, even when they had just a few disabled students.


Of the 10 school districts that reported the most restraints of disabled students in 2008, all but one saw fewer restraints in 2009. The Northside school district in San Antonio reported 1,604 restraints in 2009 — up almost 13 percent from the previous year. Meanwhile, Leander’s restraints dropped by 55 percent. Austin’s fell by 22 percent. And Garland more than halved its restraints.


*******

Advocates for children with disabilities say it’s a good sign that restraints appear to be dropping in many large school districts — though they question whether the practice is being phased out, or whether districts have simply changed their reporting method.


“If there are some drops, I think it’s entirely random,” said Steve Elliot, an attorney who reviews school districts restraints for the non-profit Advocacy, Inc. “There is no evidence the state has been doing anything about it.”


And they say restraints, which are dangerous and are supposed to be used only as a last resort, are still far too prevalent in Texas schools. In both 2008 and 2009, Texas educatorsrestrained students with disabilities roughly 18,000 times a year — an average of 100 times a day. In some cases, the children were injured, suffering everything from bruises and black eyes to broken bones.



To access the full article, please click the following link: http://www.texastribune.org/stories/2010/jan/12/still-restrained/

Monday, January 11, 2010

FL: Media Advisory - REPRESENTATIVE HUKILL TO HOLD PRESS CONFERENCE ON RESTRAINT AND SECLUSION BILL


Florida House of Representatives

Representative Dorothy L. Hukill

District 28

*MEDIA ADVISORY*

Contact: Lindsey Swindle

Phone: 386-316-9033

1/11/2010 4:30 PM

REPRESENTATIVE HUKILL TO HOLD PRESS CONFERENCE ON RESTRAINT AND SECLUSION BILL

Tallahassee – On Wednesday, January 13th, State Representative Dorothy L. Hukill (R-Port Orange) will hold a press conference on House Bill 81, which restricts the use of restraint and seclusion on students with disabilities. The legislation would ban the use of seclusion rooms and restrict the use of manual physical restraint to emergency situations as well as require incidents to be reported and tracked. Florida currently has no regulations in place on the use of restraint or seclusion.

While under supervision or due to lack of proper supervision, there have been many instances of students dying or being severely traumatized from being restrained or placed in seclusion. Some children do to their physical limitations are unable to speak out against this type of treatment. This bill serves to create a safe environment for all students and school personnel. House Bill 81 has been endorsed by numerous disability rights groups, many of whom will have representatives join Representative Hukill in speaking. The press conference will be on Wednesday January 13th, on the 4th floor rotunda of The Capitol building, 400 South Monroe Street, Tallahassee, Florida 32399-1300.

WHO: State Representative Dorothy L. Hukill, Parents of children restrained or placed into seclusion rooms, Representatives of disability rights groups.

WHAT: Press Conference on House Bill 81

WHEN: Wednesday January 13th, 2010 at 11:00am

WHERE: 4th Floor Rotunda, Capitol Building, Tallahassee, Florida.

###

AR: 11 year old Autistic boy, IQ of 68, charged with Felonious Assault January 10th, 2010

http://www.theautis mnews.com/ 2010/01/10/ 11-year-old- autistic- boy-iq-of- 68-charged- with-felonious- assault/

By the-newrepublic. blogspot. com

11 year old Zakhqurey Price, has struggled to cope at the Beard Elementary School in Fort Smith, Arkansas, after repeated attempts by his parents to ensure the delivery of the support recommended by the Ozark Guidance and Counseling Center, which included a full-time 1 on 1 aide, failed.

They cornered him and tried to take him down

On Oct 30th, Zakhqurey exhibited behaviors manifested by his Autism, which led to restraints. The police were called. In the process of attempting to restrain him, two staff members were injured and filed felony charges against the 11 year old child.

Taken away in handcuffs and booked

They cornered him and tried to take him down, he fought back. There were very minor injuries to principal and teacher. The fifth grader was taken away in handcuffs and booked with juvenile criminals. He has an IQ of 68

Zak is due in court this Monday morning and faces being detained for at least a month at a Mental Institute for assessment.

His parents have launched an the Zakh Appeal for help to pay for a specialist lawyer to represent them.