The IDEA definition of FAPE,includes both special education and related services.
The IDEA defines related services as follows:
(A) IN GENERAL- The term ‘related services’ means transportation, and such developmental, corrective, and other supportive services (including speech-language pathology and audiology services, interpreting services, psychological services, physical and occupational therapy, recreation, including therapeutic recreation, social work services, school nurse services designed to enable a child with a disability to receive a free and appropriate public education as described in the individualized education program of the child, counseling services, including rehabilitation counseling, orientation and mobility services, and medical services, except that such medical services shall be for diagnostic and evaluation purposes only) as may be required to assist a child with a disability to benefit from special education…
(B) EXCEPTION—The term does not include a medical device that is surgically implanted, or the replacement of such device.
IDEA, Section 602(26). See, 34 C.F.R. Section 300.34.
So a related service is transportation or other developmental, corrective or other supportive services that are required to assist a child with a disability to benefit from special education. If the related service is required for the student to benefit from special education, FAPE requires that the school district provide the related service.
Monday, June 14, 2010
Thursday, June 3, 2010
Restraint & Seclusion Bill in Senate - Call to Action (please share!)
This is courtesy of Jess Butler, longtime disability advocate - please feel
free to share!
Will the Senate Pass the Restraint and Seclusion Bill? Or Instead Make it
Easier to Use Aversives, Restraint, and Seclusion?
Two months ago, the House approved its restraint/seclusion bill (H.R.
4247), passing the baton to the Senate to approve S. 2860, the Preventing
Harmful Restraint and Seclusion in Schools Act sponsored by Senator Dodd. With
27 states providing little or no meaningful protection, the bills are
groundbreaking. They protect all 53 million children in America, whether in
public or private school, from harmful restraint/seclusion and also aversives
that compromise health and safety. Many states with restraint/seclusion
laws have a broad exception that allows the techniques if included in the IEP.
The House bill would forbid this.
But opponents of the bills have fought hard in the Senate and the House.
Shortly before the House voted, they began lobbying fiercely to protect
their rights to use these methods. Some advocates and parents wanted to
exclude private schools that use aversives from the bill. Often, they included
parents who chose to send their children to these schools. Others wanted to
permit restraint/seclusion in IEPs with little limitation, and if not
IEPs, then a student plan written by staff, outside of IDEA and its procedural
protections, least restrictive environment requirements, and stay-put. If
they cannot have this, they want the bill stopped.
One problem is that Congressional aides I've talked to continue to think
that IEP meetings are even-sided affairs between two equal negotiating
parties. They think that if restraint, seclusion, or aversives are included in
the IEP, it is by fully-informed parent agreement, and this is sufficient
to protect children. They need to know what the IEP process is really like,
how too often parents are forced to accept things by school employees, how
little control parents have. In my personal opinion, they need to hear
your stories and your clients’ stories about the IEP process. If you have
experience with FBAs and positive interventions and how those help resolve
difficult behaviors, share those experiences.
There have been thousands of incidents of inappropriate restraint and
seclusion, according to Congresswoman Cathy McMorris Rodgers (R-WA), lead
cosponsor of the House bill. The GAO has documented injuries and death. “Some
of the more troubling allegations that we identified include: a 3-year-old
boy being strapped to a chair and secluded in a timeout room; a 5-year-old
boy having his elbow fractured from a basket hold restraint; a teenage boy
repeatedly being locked in a four-by-six timeout room and then being
forced to stay there after defecating; a 13-year-old boy hanging himself in a
seclusion room with a cord that teachers provided to him to hold up his
pants; and a 17-year-old girl choking to death in her own vomit after being held
in a facedown restraint,” the GAO informed Congress. GAO, Seclusions and
Restraints: Selected Cases of Death and Abuse at Public and Private Schools
and Treatment Centers, GAO-09-719T (May 19, 2009).
Isn’t it time to stop end this cycle of violence by asking the Senate to
pass the House bill? Don’t all children deserve the minimal protections
that it promises? There are 53 million schoolchildren in America to be
protected by this bill, including 7 million with disabilities.
I would suggest doing three things:
1. Call your Senators and ask them to pass S.2860, the restraint/seclusion
bill as it passed the House. Dial 202-224-3121 or go to _www.senate.gov_
(http://www.senate.gov/) , click on Senators for contact information
(including local numbers).. Ask for your Senator’s Education Aide or HELP
Committee aide, and leave a detailed voicemail message if they are unavailable.
Ask them to pass the Preventing Harmful Restraint and Seclusion in Schools
Act, S. 2860, just as the House passed it in March. Explain why there
shouldn't be loopholes for private schools that use aversives; or broad
general loopholes to include restraint/seclusion in IEPs. Share
restraint/seclusion/aversive stories. And if you don’t have these stories, tell a story
about your personal experience with the inequalities in the IEP process, and
ask that they protect children from these kinds of inequalities in the
restraint/seclusion bill. What you want to do is make the point that simply
having the IEP process is not enough to protect children. Tell them how
positive interventions can really make a difference. Tell them the bill may be
made part of the ESEA Reauthorization (what used to be NCLB), and they
should watch for the bill there, too. There is further detail below about the
IEP issue.
Calls are much better than email. If you cannot call due to disability or
other severe restraints, please send an email but perhaps ask a friend to
also make a call. Congress pays greater attention to phone calls and
voicemail messages. And they need a lot of them right now.
2. Consider sharing your views on S. 2860 with Senator Harkin and Senator
Enzi, who lead the Senate Committee. Senator Harkin, the Committee Chair:
phone 202-224-3254, fax 202-224-9369); Senator Enzi, the leading
Republican, phone 202-224-3424 (fax 202-228-0359). The other side has lobbied them,
even coming in for visits.
When Congress does not hear from you, they assume the other side is
telling the truth about what parents want and need. Your voice and experiences
as family members and advocates for children with disabilities matter.
3. Share this email with friends, neighbors, and colleagues or write your
own, and ask them to make a call, too.
4. Even if you opposed the House bill because you thought it wasn’t
strong enough, please consider calling the Senate. Let them know that private
schools that use aversives should be covered by the bill. Let them know
that there shouldn’t be broad IEP loopholes. And tell them your stories about
IEP unfairness, too. You can do this without saying that you support the
bill.
I have worked on this bill for a long time. I supported Chairman Miller’s
bill. Last May, when I wrote Unsafe in the Schoolhouse for COPAA (as a
then-Board member), I was horrified by the nearly 200 stories I read from
parents and advocates. Those stories make me personally believe the Senate
should pass the Miller bill intact. Please call your Senators, 202-224-3121,
and share your views, too.
BELOW IS THE LONGER VERSION FOR FOLKS WHO WANT MORE DETAILS.
Private Disability Schools That Use Aversives Should Not Be Exempt From
the Bill
We all remember Mother Jones’ School of Shock and its story about the
Judge Rotenberg Center, where children have died over the last three decades.
JRC uses painful electric shocks among its treatment methods. Other
private schools in America use other aversive methods. The bills passed by the
House and offered by Senator Dodd are groundbreaking in applying to all 53
million schoolchildren in America—whether in private or public schools,
whether identified as having a disability or not. It turns out that only a
handful of states restrict the use of these techniques in private schools, and
even then, only the schools with which they contract to provide services.
But often, children are placed in these schools by their parents.
Parental choice is important. But we should never allow techniques that
are not permitted on adults--even those in prison for the most heinous,
violent crimes. This is where the argument that aversives must be used on
violent, dangerous children loses steam. Children with disabilities deserve
the panopoly of protections in the House bill. And is this about parental
choice or is it really about a private industry’s “right” to keep doing what
it does to make money—with little regulation, policing, or checks? We’ve
learned a lot over the last few years about what happens when private
industry is unchecked, and how it often fails to protect the interests of those
it serves. Some of these schools might not make money if they couldn't use
aversives.
Private schools may have thought they’d won the war. Last year, the House
passed another Miller bill that would have prohibited abusive techniques,
including restraint, seclusion, or aversives in residential programs, H.R.
911. But the Senate Health Education Labor and Pensions (HELP) Committee
has never acted on the bill. I hope the same thing does not happen to the
Preventing Harmful Restraint and Seclusion in Schools Act.
INCLUDING RESTRAINT/SECLUSION IN IEPs: THE PARENTS AND ADVOCATES WHO SAY
POSITIVE INTERVENTIONS DON’T WORK
Other parents and school-side advocates have been lobbying Congress for
the ability to include abusive interventions in IEPs. They said positive
interventions aren’t good enough and don’t work. Certainly their views are
heartfelt. But this bill isn’t a about the few children whose parents want
to use restraint and seclusion--it’s about protecting all 53 million
schoolchildren in America, including the 7 million with disabilities.
Many Congressional aides have been persuaded that IEP meetings are
even-sided, with parents and school negotiating as equals. They think parents
only accept what they agree with, and therefore, its okay to have a broad IEP
exclusion. You need to share with the Senate your experiences with IEP
meetings and how one-sided they are. I would urge doing this even if you
don't have restraint/seclusion stories; the parental participation issues are
the same.
Currently, 27 states provide little or no protection from restraint and
seclusion, including Senator Enzi’s Wyoming. Other states prohibit
restraint/seclusion, but have an exception that allows the techniques to be used if
they are written into the IEP. These include Iowa, Maryland,
Massachusetts, Maine, North Carolina, Rhode Island, Tennessee, and others. This is far
different from what the House bill required.
Only a handful of states protect children through the IEP process.
Minnesota is a state that permits restraint/seclusion in the IEP but under
extremely limited circumstances. Effective next year, its law will forbid these
techniques in non-emergencies. Minnesota also allows the IEP team to
prohibit them entirely and requires the team to consider medical/psychological
contraindications to use. The IEP team must conduct a functional
behavioral analysis and consider positive techniques. IEP teams can perform crisis
planning, to ensure that if restraint/seclusion are used in an emergency,
they are safely used. Rather than being the entity enpowered to open the
door to restraint/seclusion through the IEP, the IEP team is charged with
taking action to protect the child whenever the techniques are used twice in 30
days. Other states have similar requirements. Some advocates believe none
of the states adequately protect children and they want even stronger prote
ctions.
But Minnesota and similar approaches are a far cry from what has long been
advocated by those who seek an IEP exception to the restraint/seclusion
bill. Congress needs to understand that a broad, unlimited loophole will do
little to protect children. Mostly, they need to understand how little
control parents have in IEP meetings and how many parents are forced to accept
what the school district requests. This is a basic concept that most
parents and advocates know from their personal experiences. If you have
experience with FBAs and positive interventions and how those help resolve
difficult behaviors, share those experiences.
Throughout this process, there are those who claimed to both House and
Senate that positive interventions are as ineffective for controlling children
with difficult behavior issues, and that only restraint/seclusion will
work. But there is no evidence that restraint/seclusion prevent difficult
behaviors. Rather, these techniques are likely to worsen them.
Positive behavioral supports use research-based strategies to lessen
dangerous behaviors while teaching replacement skills, and conflict resolution
skills. Research shows that positive interventions are effective to curb
dangerous behaviors. In Illinois, their use has reduced majority of
behaviors that previously resulted in restraint and seclusion, according to
Congressman Phil Hare (D-IL).
In COPAA’s study, 71% of children subjected to restraint/seclusion did not
have positive interventions in their IEPs. Unsafe in the Schoolhouse:
Abuse of Children with Disabilities (Jessica Butler, COPAA 2009). Shouldn’t
we try positive interventions first? And save restraint/seclusion for true
emergencies, when less restrictive interventions are ineffective? Please
share your stories with Congress about how positive interventions work.
If not the IEP, What About Putting Restraint/Seclusion in a Staff-Written
Student Plan That Is Wholly Outside the IDEA and its Protections?
One proposal that has gone around since last fall is to allow school staff
to write individual student plans--not part of the IEPs--that permit
restraint and seclusion. This seems to gather steam because aides and advocates
mistakenly claim that its a solution that leaves the IEP intact. Please
make clear to Congress why this proposal should be rejected, and that it
provides far fewer protections than the IEP process.
Long-time advocates will recognize this proposal for what it really is: an
attempt to allow staff to impose restraint/seclusion outside of the
IEP/IDEA process and to change placement without regard to the stay-put or
least-restrictive environment provisions. Staff could write these plans with no
parent involvement (or perhaps minimal involvement) and parents and
children would lack their other IDEA protections. It is essentially a phony
choice--if they can't have a broad IEP loophole, they want an even broader
loophole outside of the IDEA. While the IDEA doesn’t create a level playing
field, it is much better than what happens without it.
No state with a restraint/seclusion law has endorsed this “student plan”
provision. I have found it in no state law applicable to children with
disabilities. Many states have made clear that any use of
restraint/seclusion must fall under the IDEA. Congress should not endorse it either. At
least the Minnnesota approach provides protection for children.
Conclusion
The House bill is supported by over 100 organizations, including the
National School Board Association, American Association of People with
Disabilities, American Academy of Pediatrics, Council for Exceptional Children,
Easter Seals, The Arc, National Association of Councils on Developmental
Disabilities, and dozens of others. _http://edlabor.house.gov/blog/2010/01/suppo
rters-of-the-preventing-h.shtml_
(http://edlabor.house.gov/blog/2010/01/supporters-of-the-preventing-h.shtml)
Yet, some ask the Senate listen to a few parents who prefer
restraint/seclusion or even aversives. It seems to me that we should listen to
Congresswoman Cathy McMorris Rodgers (R-WA), whose young son, Cole, has Down
Syndrome. And Congressman George Miller, father and grandfather, and Chair of the
House Education and Labor Committee. They authored and supported the bill
to prohibit these practices after a detailed GAO study of hundreds of
incidents of abuse. As Chairman Miller explained, “Who the hell is going to
step in and protect these children? They can't do it themselves. This may
not be perfect, but we ought to take this step to put us on record that we
are prepared to do something to end this practice, this abuse, this torture,
of very young children, in many instances children with disabilities,
children who are unable to communicate in an effective fashion.”
Speaking only for myself, I respectfully ask Senator Harkin and Senator
Enzi to lead the Senate in passing the Restraint/Seclusion bill as approved
by the House. America’s 7 million children with disabilities deserve it.
I hope you will join me in calling the Senate (202-224-3121 or
_www.senate.gov_ (http://www.senate.gov/) ) and asking our Senators to pass the
restraint/seclusion/aversives bill intact. The House bill was H.R. 4247, and its
companion Senate bill is S. 2860.
Some of you are used to me representing COPAA on Congressional matters
because I played that role while on the COPAA Board from 2004 to 2009 and as
former COPAA Board Chair. But I retired from the Board last year and today,
I no longer play a leadership role in COPAA's decision-making on
restraint/seclusion. Because I have the greatest respect for my former colleagues
and their work, I wish to make clear that this piece represents my views
alone.
Sincerely,
Jessica Butler
please feel free to distribute and forward
free to share!
Will the Senate Pass the Restraint and Seclusion Bill? Or Instead Make it
Easier to Use Aversives, Restraint, and Seclusion?
Two months ago, the House approved its restraint/seclusion bill (H.R.
4247), passing the baton to the Senate to approve S. 2860, the Preventing
Harmful Restraint and Seclusion in Schools Act sponsored by Senator Dodd. With
27 states providing little or no meaningful protection, the bills are
groundbreaking. They protect all 53 million children in America, whether in
public or private school, from harmful restraint/seclusion and also aversives
that compromise health and safety. Many states with restraint/seclusion
laws have a broad exception that allows the techniques if included in the IEP.
The House bill would forbid this.
But opponents of the bills have fought hard in the Senate and the House.
Shortly before the House voted, they began lobbying fiercely to protect
their rights to use these methods. Some advocates and parents wanted to
exclude private schools that use aversives from the bill. Often, they included
parents who chose to send their children to these schools. Others wanted to
permit restraint/seclusion in IEPs with little limitation, and if not
IEPs, then a student plan written by staff, outside of IDEA and its procedural
protections, least restrictive environment requirements, and stay-put. If
they cannot have this, they want the bill stopped.
One problem is that Congressional aides I've talked to continue to think
that IEP meetings are even-sided affairs between two equal negotiating
parties. They think that if restraint, seclusion, or aversives are included in
the IEP, it is by fully-informed parent agreement, and this is sufficient
to protect children. They need to know what the IEP process is really like,
how too often parents are forced to accept things by school employees, how
little control parents have. In my personal opinion, they need to hear
your stories and your clients’ stories about the IEP process. If you have
experience with FBAs and positive interventions and how those help resolve
difficult behaviors, share those experiences.
There have been thousands of incidents of inappropriate restraint and
seclusion, according to Congresswoman Cathy McMorris Rodgers (R-WA), lead
cosponsor of the House bill. The GAO has documented injuries and death. “Some
of the more troubling allegations that we identified include: a 3-year-old
boy being strapped to a chair and secluded in a timeout room; a 5-year-old
boy having his elbow fractured from a basket hold restraint; a teenage boy
repeatedly being locked in a four-by-six timeout room and then being
forced to stay there after defecating; a 13-year-old boy hanging himself in a
seclusion room with a cord that teachers provided to him to hold up his
pants; and a 17-year-old girl choking to death in her own vomit after being held
in a facedown restraint,” the GAO informed Congress. GAO, Seclusions and
Restraints: Selected Cases of Death and Abuse at Public and Private Schools
and Treatment Centers, GAO-09-719T (May 19, 2009).
Isn’t it time to stop end this cycle of violence by asking the Senate to
pass the House bill? Don’t all children deserve the minimal protections
that it promises? There are 53 million schoolchildren in America to be
protected by this bill, including 7 million with disabilities.
I would suggest doing three things:
1. Call your Senators and ask them to pass S.2860, the restraint/seclusion
bill as it passed the House. Dial 202-224-3121 or go to _www.senate.gov_
(http://www.senate.gov/) , click on Senators for contact information
(including local numbers).. Ask for your Senator’s Education Aide or HELP
Committee aide, and leave a detailed voicemail message if they are unavailable.
Ask them to pass the Preventing Harmful Restraint and Seclusion in Schools
Act, S. 2860, just as the House passed it in March. Explain why there
shouldn't be loopholes for private schools that use aversives; or broad
general loopholes to include restraint/seclusion in IEPs. Share
restraint/seclusion/aversive stories. And if you don’t have these stories, tell a story
about your personal experience with the inequalities in the IEP process, and
ask that they protect children from these kinds of inequalities in the
restraint/seclusion bill. What you want to do is make the point that simply
having the IEP process is not enough to protect children. Tell them how
positive interventions can really make a difference. Tell them the bill may be
made part of the ESEA Reauthorization (what used to be NCLB), and they
should watch for the bill there, too. There is further detail below about the
IEP issue.
Calls are much better than email. If you cannot call due to disability or
other severe restraints, please send an email but perhaps ask a friend to
also make a call. Congress pays greater attention to phone calls and
voicemail messages. And they need a lot of them right now.
2. Consider sharing your views on S. 2860 with Senator Harkin and Senator
Enzi, who lead the Senate Committee. Senator Harkin, the Committee Chair:
phone 202-224-3254, fax 202-224-9369); Senator Enzi, the leading
Republican, phone 202-224-3424 (fax 202-228-0359). The other side has lobbied them,
even coming in for visits.
When Congress does not hear from you, they assume the other side is
telling the truth about what parents want and need. Your voice and experiences
as family members and advocates for children with disabilities matter.
3. Share this email with friends, neighbors, and colleagues or write your
own, and ask them to make a call, too.
4. Even if you opposed the House bill because you thought it wasn’t
strong enough, please consider calling the Senate. Let them know that private
schools that use aversives should be covered by the bill. Let them know
that there shouldn’t be broad IEP loopholes. And tell them your stories about
IEP unfairness, too. You can do this without saying that you support the
bill.
I have worked on this bill for a long time. I supported Chairman Miller’s
bill. Last May, when I wrote Unsafe in the Schoolhouse for COPAA (as a
then-Board member), I was horrified by the nearly 200 stories I read from
parents and advocates. Those stories make me personally believe the Senate
should pass the Miller bill intact. Please call your Senators, 202-224-3121,
and share your views, too.
BELOW IS THE LONGER VERSION FOR FOLKS WHO WANT MORE DETAILS.
Private Disability Schools That Use Aversives Should Not Be Exempt From
the Bill
We all remember Mother Jones’ School of Shock and its story about the
Judge Rotenberg Center, where children have died over the last three decades.
JRC uses painful electric shocks among its treatment methods. Other
private schools in America use other aversive methods. The bills passed by the
House and offered by Senator Dodd are groundbreaking in applying to all 53
million schoolchildren in America—whether in private or public schools,
whether identified as having a disability or not. It turns out that only a
handful of states restrict the use of these techniques in private schools, and
even then, only the schools with which they contract to provide services.
But often, children are placed in these schools by their parents.
Parental choice is important. But we should never allow techniques that
are not permitted on adults--even those in prison for the most heinous,
violent crimes. This is where the argument that aversives must be used on
violent, dangerous children loses steam. Children with disabilities deserve
the panopoly of protections in the House bill. And is this about parental
choice or is it really about a private industry’s “right” to keep doing what
it does to make money—with little regulation, policing, or checks? We’ve
learned a lot over the last few years about what happens when private
industry is unchecked, and how it often fails to protect the interests of those
it serves. Some of these schools might not make money if they couldn't use
aversives.
Private schools may have thought they’d won the war. Last year, the House
passed another Miller bill that would have prohibited abusive techniques,
including restraint, seclusion, or aversives in residential programs, H.R.
911. But the Senate Health Education Labor and Pensions (HELP) Committee
has never acted on the bill. I hope the same thing does not happen to the
Preventing Harmful Restraint and Seclusion in Schools Act.
INCLUDING RESTRAINT/SECLUSION IN IEPs: THE PARENTS AND ADVOCATES WHO SAY
POSITIVE INTERVENTIONS DON’T WORK
Other parents and school-side advocates have been lobbying Congress for
the ability to include abusive interventions in IEPs. They said positive
interventions aren’t good enough and don’t work. Certainly their views are
heartfelt. But this bill isn’t a about the few children whose parents want
to use restraint and seclusion--it’s about protecting all 53 million
schoolchildren in America, including the 7 million with disabilities.
Many Congressional aides have been persuaded that IEP meetings are
even-sided, with parents and school negotiating as equals. They think parents
only accept what they agree with, and therefore, its okay to have a broad IEP
exclusion. You need to share with the Senate your experiences with IEP
meetings and how one-sided they are. I would urge doing this even if you
don't have restraint/seclusion stories; the parental participation issues are
the same.
Currently, 27 states provide little or no protection from restraint and
seclusion, including Senator Enzi’s Wyoming. Other states prohibit
restraint/seclusion, but have an exception that allows the techniques to be used if
they are written into the IEP. These include Iowa, Maryland,
Massachusetts, Maine, North Carolina, Rhode Island, Tennessee, and others. This is far
different from what the House bill required.
Only a handful of states protect children through the IEP process.
Minnesota is a state that permits restraint/seclusion in the IEP but under
extremely limited circumstances. Effective next year, its law will forbid these
techniques in non-emergencies. Minnesota also allows the IEP team to
prohibit them entirely and requires the team to consider medical/psychological
contraindications to use. The IEP team must conduct a functional
behavioral analysis and consider positive techniques. IEP teams can perform crisis
planning, to ensure that if restraint/seclusion are used in an emergency,
they are safely used. Rather than being the entity enpowered to open the
door to restraint/seclusion through the IEP, the IEP team is charged with
taking action to protect the child whenever the techniques are used twice in 30
days. Other states have similar requirements. Some advocates believe none
of the states adequately protect children and they want even stronger prote
ctions.
But Minnesota and similar approaches are a far cry from what has long been
advocated by those who seek an IEP exception to the restraint/seclusion
bill. Congress needs to understand that a broad, unlimited loophole will do
little to protect children. Mostly, they need to understand how little
control parents have in IEP meetings and how many parents are forced to accept
what the school district requests. This is a basic concept that most
parents and advocates know from their personal experiences. If you have
experience with FBAs and positive interventions and how those help resolve
difficult behaviors, share those experiences.
Throughout this process, there are those who claimed to both House and
Senate that positive interventions are as ineffective for controlling children
with difficult behavior issues, and that only restraint/seclusion will
work. But there is no evidence that restraint/seclusion prevent difficult
behaviors. Rather, these techniques are likely to worsen them.
Positive behavioral supports use research-based strategies to lessen
dangerous behaviors while teaching replacement skills, and conflict resolution
skills. Research shows that positive interventions are effective to curb
dangerous behaviors. In Illinois, their use has reduced majority of
behaviors that previously resulted in restraint and seclusion, according to
Congressman Phil Hare (D-IL).
In COPAA’s study, 71% of children subjected to restraint/seclusion did not
have positive interventions in their IEPs. Unsafe in the Schoolhouse:
Abuse of Children with Disabilities (Jessica Butler, COPAA 2009). Shouldn’t
we try positive interventions first? And save restraint/seclusion for true
emergencies, when less restrictive interventions are ineffective? Please
share your stories with Congress about how positive interventions work.
If not the IEP, What About Putting Restraint/Seclusion in a Staff-Written
Student Plan That Is Wholly Outside the IDEA and its Protections?
One proposal that has gone around since last fall is to allow school staff
to write individual student plans--not part of the IEPs--that permit
restraint and seclusion. This seems to gather steam because aides and advocates
mistakenly claim that its a solution that leaves the IEP intact. Please
make clear to Congress why this proposal should be rejected, and that it
provides far fewer protections than the IEP process.
Long-time advocates will recognize this proposal for what it really is: an
attempt to allow staff to impose restraint/seclusion outside of the
IEP/IDEA process and to change placement without regard to the stay-put or
least-restrictive environment provisions. Staff could write these plans with no
parent involvement (or perhaps minimal involvement) and parents and
children would lack their other IDEA protections. It is essentially a phony
choice--if they can't have a broad IEP loophole, they want an even broader
loophole outside of the IDEA. While the IDEA doesn’t create a level playing
field, it is much better than what happens without it.
No state with a restraint/seclusion law has endorsed this “student plan”
provision. I have found it in no state law applicable to children with
disabilities. Many states have made clear that any use of
restraint/seclusion must fall under the IDEA. Congress should not endorse it either. At
least the Minnnesota approach provides protection for children.
Conclusion
The House bill is supported by over 100 organizations, including the
National School Board Association, American Association of People with
Disabilities, American Academy of Pediatrics, Council for Exceptional Children,
Easter Seals, The Arc, National Association of Councils on Developmental
Disabilities, and dozens of others. _http://edlabor.house.gov/blog/2010/01/suppo
rters-of-the-preventing-h.shtml_
(http://edlabor.house.gov/blog/2010/01/supporters-of-the-preventing-h.shtml)
Yet, some ask the Senate listen to a few parents who prefer
restraint/seclusion or even aversives. It seems to me that we should listen to
Congresswoman Cathy McMorris Rodgers (R-WA), whose young son, Cole, has Down
Syndrome. And Congressman George Miller, father and grandfather, and Chair of the
House Education and Labor Committee. They authored and supported the bill
to prohibit these practices after a detailed GAO study of hundreds of
incidents of abuse. As Chairman Miller explained, “Who the hell is going to
step in and protect these children? They can't do it themselves. This may
not be perfect, but we ought to take this step to put us on record that we
are prepared to do something to end this practice, this abuse, this torture,
of very young children, in many instances children with disabilities,
children who are unable to communicate in an effective fashion.”
Speaking only for myself, I respectfully ask Senator Harkin and Senator
Enzi to lead the Senate in passing the Restraint/Seclusion bill as approved
by the House. America’s 7 million children with disabilities deserve it.
I hope you will join me in calling the Senate (202-224-3121 or
_www.senate.gov_ (http://www.senate.gov/) ) and asking our Senators to pass the
restraint/seclusion/aversives bill intact. The House bill was H.R. 4247, and its
companion Senate bill is S. 2860.
Some of you are used to me representing COPAA on Congressional matters
because I played that role while on the COPAA Board from 2004 to 2009 and as
former COPAA Board Chair. But I retired from the Board last year and today,
I no longer play a leadership role in COPAA's decision-making on
restraint/seclusion. Because I have the greatest respect for my former colleagues
and their work, I wish to make clear that this piece represents my views
alone.
Sincerely,
Jessica Butler
please feel free to distribute and forward
Restraint and Seclusion Information
Congressional Hearings - Examining the Abusive and Deadly Use of Restraints and Seclusion in Schools, May 19, 2009
GAO Report Issued May 19, 2009
National Disability Rights Network released shocking report on seclusion and restraint in U. S. schools -- "School is Not Supposed to Hurt: Investigative Report on Abusive Restraint and Seclusion in Schools," January 2009
Speech by Sen. Dodd (Connecticut) discussing new report on use of seclusion and restraint in schools
Restraint & Seclusion Information from Wrightslaw: A great deal of information is provided.
Sunday, May 30, 2010
Child Abuse is Child Abuse!
This heart-wrenching video is a must see for anyone interested in learning more about the physical and emotional abuse our children have suffered in schools. Children have been seriously injured - some have even died during restraints performed by school personnel, their deaths ruled by coroners as homicides - yet all-too-often no charges are filed nor is any disciplinary action taken against those who have caused those injuries or deaths.
In too many cases, schools willfully, knowingly, and deliberately cover up the abuse, even going so far as to manufacture evidence against the child or family. Then they assign blame to the child and/or family for the abuse. "If only he/she hadn't said/done that we wouldn't have needed to restraint him/her." Even if the child's behaviors/actions weren't violent or could be considered dangerous to themselves or others.
Please also consider contacting your state lawmakers and ask for more protections for disabled children. Ask that those who intentionally harm children in our schools be held criminally accountable for assault, battery, or homicide where appropriate. Ask that those who work with disabled children be fully trained to recognize how "behaviors" can be part and parcel to the child's disability - that those "behaviors" are how those children communicate. Ask for training in other, safer, scientifically-based methods (such as PBIS) which could be used instead of aversives to "deal with" problem behaviors. Thanks for your attention to this very serious matter!
Tolerance
Tolerance is often under represented by society as a whole. And this certainly comes as no surprise to those in the disability communities. Today words like “retard”, “schizo”, “sped” and “gimp” are used as everyday slang. It is no wonder tolerance for differences seems to be such a far away goal. But one might think that the communities would at least have found tolerance amongst themselves. That perhaps the advocates, families and those with disabilities themselves would be tolerant of others. Sadly, that is often not the case.
There are huge rifts caused by a multitude of issues between differing advocacy groups. Many disputes are over competition for grassroots funding. When there is only a little in the pot to share, groups can become extremely competitive. But probably more pervasive is the theories about what is best for those with disabilities that causes the most problems.
Ultimately, this rift can been seen in full action by watching the Autism community. Because to date, there is no valid medical test to determine what Autism is, those affected by it are left to choose sides with one of the theorists. The two most powerful groups in the Autism community are those who attribute Autism to a curable disease or vaccine damage verses those who consider Autism a neurologically diverse evolution of the species. There are extremists on both sides and many, many more folks in between.
Those in between folks are left to chose sides or remain neutral. As politics go, remaining neutral does little to help make any advancements on either side of the debate. So many pick a side just so that they have something to work with.
With both sides having dug their feet in so deeply, it is hard for either to make advancements. There is no tolerance given to either side.
How can we expect the rest of society to have tolerance for our differences when those who are living with the differences cannot even tolerate each other? How can we expect to ever advance as a species if we refuse to even acknowledge the other side is human and deserves to be treated respectfully?
While many middle ground folks can see the validity on both sides of the debate, it's not enough to bring the community together. Until we successfully bridge the gap between all those affected, it is arrogant to request that the rest of society tolerate our differences. (Repost from Amy C.)
There are huge rifts caused by a multitude of issues between differing advocacy groups. Many disputes are over competition for grassroots funding. When there is only a little in the pot to share, groups can become extremely competitive. But probably more pervasive is the theories about what is best for those with disabilities that causes the most problems.
Ultimately, this rift can been seen in full action by watching the Autism community. Because to date, there is no valid medical test to determine what Autism is, those affected by it are left to choose sides with one of the theorists. The two most powerful groups in the Autism community are those who attribute Autism to a curable disease or vaccine damage verses those who consider Autism a neurologically diverse evolution of the species. There are extremists on both sides and many, many more folks in between.
Those in between folks are left to chose sides or remain neutral. As politics go, remaining neutral does little to help make any advancements on either side of the debate. So many pick a side just so that they have something to work with.
With both sides having dug their feet in so deeply, it is hard for either to make advancements. There is no tolerance given to either side.
How can we expect the rest of society to have tolerance for our differences when those who are living with the differences cannot even tolerate each other? How can we expect to ever advance as a species if we refuse to even acknowledge the other side is human and deserves to be treated respectfully?
While many middle ground folks can see the validity on both sides of the debate, it's not enough to bring the community together. Until we successfully bridge the gap between all those affected, it is arrogant to request that the rest of society tolerate our differences. (Repost from Amy C.)
Tuesday, April 6, 2010
Reminders about Tutoring and other medical tax deductions
As tax time nears, don't forget that tutoring costs for children
diagnosed with learning disabilities are allowed under the medical
expenses. Allowances also include private and non-public school
school tuitions that offer special education.
Don't forget about other therapies like speech, occupational, or
mental health which are also included. Transportation costs are also
deductible.
Here is what the IRS says:
You can include in medical expenses fees you pay on a doctor’s
recommendation for a child’s tutoring by a teacher who is specially
trained and qualified to work with children who have learning
disabilities caused by mental or physical impairments, including
nervous system disorders.You can include in medical expenses the cost
(tuition, Therapy meals, and lodging) of attending a school that
furnishes special education to help a child to overcome learning
disabilities. A doctor must recommend that the child attend therapy
received as medical treatment. the school. Overcoming the learning
disabilities must be a principal reason for attending the school, and
any ordinary education received must be incidental to the special
education provided. Special education includes:
· Teaching Braille to a visually impaired person, a kidney or other organ.
· Teaching lip reading to a hearing-impaired person,
· Giving remedial language training to correct a condition caused by a
birth defect.
You cannot include in medical expenses the cost of sending a problem
child to a school primarily for, disciplinary methods have a
beneficial effect on the child’s attitude.
To download the IRS document. click here.
http://tinyurl.com/yeztmmd
diagnosed with learning disabilities are allowed under the medical
expenses. Allowances also include private and non-public school
school tuitions that offer special education.
Don't forget about other therapies like speech, occupational, or
mental health which are also included. Transportation costs are also
deductible.
Here is what the IRS says:
You can include in medical expenses fees you pay on a doctor’s
recommendation for a child’s tutoring by a teacher who is specially
trained and qualified to work with children who have learning
disabilities caused by mental or physical impairments, including
nervous system disorders.You can include in medical expenses the cost
(tuition, Therapy meals, and lodging) of attending a school that
furnishes special education to help a child to overcome learning
disabilities. A doctor must recommend that the child attend therapy
received as medical treatment. the school. Overcoming the learning
disabilities must be a principal reason for attending the school, and
any ordinary education received must be incidental to the special
education provided. Special education includes:
· Teaching Braille to a visually impaired person, a kidney or other organ.
· Teaching lip reading to a hearing-impaired person,
· Giving remedial language training to correct a condition caused by a
birth defect.
You cannot include in medical expenses the cost of sending a problem
child to a school primarily for, disciplinary methods have a
beneficial effect on the child’s attitude.
To download the IRS document. click here.
http://tinyurl.com/yeztmmd
Testimony of Dr. Kearns before US House Committee
The testimony of Dr. Jacqui Kearns at the hearing of the House Education and Labor Committee’s Subcommittee on Early Childhood, Elementary and Secondary Education held March 18, 2010 on “ESEA Reauthorization - Addressing the Needs of Diverse Students” is available on YouTube here.
Kearns told the members that, in part, “Special education as typically practiced in this country has questionable effectiveness.” Kearns’ written testimony is available here.
In contrast, U.S. Education Ass’t Secretary Alexa Posny told the House Appropriations Committee at its March 25, 2010 hearing on the President’s FY11 Budget request, “Most students with disabilities graduate with regular diplomas and continue to employment, job training, or higher education (often starting at the community college level) in the same progression as students in regular education.” Posny’s testimony is available here.
Kearns told the members that, in part, “Special education as typically practiced in this country has questionable effectiveness.” Kearns’ written testimony is available here.
In contrast, U.S. Education Ass’t Secretary Alexa Posny told the House Appropriations Committee at its March 25, 2010 hearing on the President’s FY11 Budget request, “Most students with disabilities graduate with regular diplomas and continue to employment, job training, or higher education (often starting at the community college level) in the same progression as students in regular education.” Posny’s testimony is available here.
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Accommodations are adjustments in the presentation of information or tasks that enable children with disabilities to complete the same work as their peers. Examples include sitting near the teacher or extra testing time.
