Posted on January 13, 2009 by randychapman
Today, the National Disability Rights Network (NDRN) issued School is Not Supposed to Hurt, a disturbing national report on seclusion and restraint in U.S. schools. According to the press release : “The report shows an unsettling use of seclusion and restraint tactics, which resulted in physical and emotional injuries as well as deaths, in schools affecting students from grades K-12.”
According to Curt Decker, executive director of NDRN: “This report documents dozens of seclusion and prone restraint cases that have resulted in injuries and even death. We feel that these numbers represent just the tip of the iceberg as there is no national reporting structure or official tracking of such incidents.”
The report provides specific examples, state by state, of the improper use of seclusion and restraint in schools as identified by investigations conducted by the Protection and Advocacy systems within those states. NDRN is a national network whose members are Protection and Advocacy systems (P&A) and Client Assistance Programs (CAP) within each state and territory.
The report calls on the incoming Obama administration and the 111th Congress to act to ban the use of prone restraints. Additionally, the report provides a specific list of recommendations for state legislatures, boards of education, and local school districts. Included in those recommendations:
For the incoming Obama Administration:
Direct the Secretaries of Education and Health and Human Services to convene a national summit to devise plans to implement the bans on prone restraint and to encourage the use of evidence based positive behavioral supports and other best practices;
Request increased federal funding for P&A programs to investigate allegations of abuse or neglect in schools.
For State Legislatures and Boards of Education:
Require teacher, school administrator, counselor, and para-professional certification standards to require extensive education and training in the use of positive behavioral supports, crisis reduction and management, de-escalation techniques, and other best practices;
Require extensive training in the use of positive behavioral supports, crisis reduction and management, de-escalation techniques, and other best practices for other individuals, including School Resource Officers with contact with children in a school setting.
For Local School Districts:
Require the use of evidence based positive behavioral supports and other best practices;
Implement reporting of the use of restraint or seclusion to parent/guardians, state boards of education, the local Protection & Advocacy System, and the U. S. Department of Education;
Establish extensive training programs in the use of positive behavioral supports, crisis reduction and management, de-escalation techniques, and other best practices for all individuals, including School Resource Officers, with contact with children in a school setting.
In recent years my office, as Colorado’s Protection and Advocacy System, has investigated numerous instances of the improper use of seclusion or restraint in Colorado schools. Some of those investigations and our findings are included in this report. I have seen first hand that this is a serious issue in our schools. I applaud the efforts of NDRN and my fellow P&A’s to bring attention to this issue and I endorse the recommendations in this report. I urge you to take the time to read the full report.
Filed under: children with disabilities, Individuals with Disabilities Education Act, Section 504, Special Education Law | 5 Comments »
Posted on January 8, 2009 by randychapman
On Tuesday January 13th the National Disability Rights Network (NDRN) will conduct a media briefing and will release a disturbing national report on seclusion and restraint in U.S. schools. Additionally, NDRN will call on the Obama Administration and the new Congress to introduce a national ban on seclusion and prone restraint practices in schools nationwide.
The report is a compilation of cases from NDRN’s 57 member network of protection and advocacy (P&A) systems nationwide. This report will detail deaths and physical and emotional injuries inflicted on students ranging from kindergarten to high school from schools throughout the country. Moreover, the report will outline inconsistant state laws, lack of training for teachers, and virtually no government oversight or investigation of this issue.
Speakers who will attend the media briefing include U.S. Senator Chris Dodd (D-Ct.), NDRN Executive Director Curt Decker, and families of children who were physically restrained or placed in seclusion while attending school.
My office, The Legal Center for People with Disabilities and Older People, is Colorado’s Protection and Advocacy System and part of NDRN’s network of P&A Systems. We have been actively involved in investigating the inappropriate use of seclusion and restraint in Colorado schools. The Legal Center has raised this issue in Colorado (Please see Defending the Rights of Children Report Sparks Controversy and The Legal Center Investigates Aurora Elementary Schools) and contributed to this upcoming report. I will follow up on this posting next week when NDRN’s report becomes available.
Filed under: children with disabilities, Individuals with Disabilities Education Act, Special Education Law | 3 Comments »