Article from disabilityscoop.com -
Education Department Staying Out Of Restraint, Seclusion Debate
By Michelle Diament
October 22, 2010
The Department of Education’s top special education official told a federal autism panel Friday that the department has no official position on whether or not restraint and seclusion should be included in students’ individualized education plans, or IEPs.
Legislation now under consideration in Congress would establish federal guidelines over the use of restraint and seclusion in the nation’s schools. A version of the bill approved by the House of Representatives in March would prohibit the practices from being included in students’ IEPs. But amid pushback from school administrators, a companion bill recently reintroduced in the Senate would permit restraint and seclusion within IEPs under certain circumstances.
Alexa Posny, assistant secretary for special education and rehabilitative services, said she and her colleagues at the Department of Education understand arguments for and against inclusion of the practices in IEPs, but are not taking an official position on the issue. (Read all of Disability Scoop’s coverage of restraint and seclusion >>)
“Every once in a while we have to stop a child,” Posny said, citing her background as a teacher working with students classified as emotionally disturbed. “The major thing is no harm should ever happen to any child.”
Posny made the comments in response to a question she received after a presentation Friday morning to the Interagency Autism Coordinating Committee, or IACC, a federal advisory committee that helps guide the course of federal autism research.
Posny said she expects that if the IEP issue can be sorted out, there will be little trouble passing the restraint and seclusion bill.
Monday, October 25, 2010
Monday, September 13, 2010
UPDATE: Administrative Letter No. 3 dated July 14, 2009
ADMINISTRATIVE LETTER NO: 8
POLICY CODE: JKF
TO: Superintendents, Principals, Directors of Special Education, Teachers
FROM: Angela Faherty, Ph.D., Commissioner of Education
DATE: September 10, 2010
RE: UPDATE: Administrative Letter No. 3 dated July 14, 2009
A bill was presented last year to the Joint Committee on Education and Cultural Affairs to prohibit physical restraint of a disabled student that results in the student lying face down on the floor while pressure is applied to the student's back. LD 1096 "An Act To Protect School Children from Dangerous or Abusive Restraint and Seclusion." http://janus.state.me.us/legis/LawMakerWeb/summary.asp?ID=280032005 The Department not only strongly supports the effort to prohibit this type of restraint, but would also broaden the prohibition to include all children and any position which restricts the free movement of the diaphragm or chest so as to interrupt normal breathing and speech. Any body position that restricts the airway or that interferes with the muscular or mechanical means of getting air into and out of the body, the body's "bellows function," will result in death unless the restriction ends in time.
Some students, such as those who are overweight or who have asthma, may be more prone to airway constraint than other students when placed in particular positions. A combination of conditions, mental and physical, including the use of certain medications, can place individuals at particular risk. http://www.gao.gov/archive/1999/he99176.pdf, pp. 7 and 8.
The Child Welfare League of America reported in 2002 that 8 to 10 children in the United States die each year due to restraints, and that other children suffer a range of injuries including broken bones and damaged joints. These data were identified with a broader population survey than schools only. Neither the federal government nor the states comprehensively track the use of restraint or seclusion data, or related injuries, so the true extent of the harm from restraint is unclear. http://www.gao.gov/archive/2000/he00026t.pdf , p. 4.
Unsafe practices must be avoided. The Department's regulations permit therapeutic restraints only "to prevent injury or harm to the student." Me. Dept. of Ed. Reg. 33 (2.3) and (4.1). Local policy may be developed only for therapeutic restraints. Me. Dept. of Ed. Reg. 33 (1.3). http://www.maine.gov/sos/cec/rules/05/chaps05.htm.
Dangerous restraints of the type addressed in this letter are generally discouraged by the training programs referenced in Section 4.5 of Me. Dept. of Ed. Reg. 33 and are considered non-therapeutic.
Accordingly, pending the results of a review and revision of Me. Dept. of Ed. Reg. 33, the use of any restraint that restricts the free movement of the diaphragm or chest or that restricts the airway so as to interrupt normal breathing or speech of students is prohibited. All school personnel who may restrain or assist with a restraint shall be notified of this prohibition. During the course of every restraint, a student's breathing and speech shall be monitored to protect against airway stress. Action causing unintended airway stress shall cease immediately.
Any restraint resulting in airway stress, physical marks, or signs or symptoms of pain, must be reported immediately to the school nurse. The nurse must assess the student promptly, either in person or remotely, according to standard nursing assessment practices, and make the determination as to what, if any, further action shall be taken.
Schools must maintain a list of all personnel with restraint training, and the list must include the date and type of training and the name and qualifications of the trainer.
Schools must amend local policies to conform to the requirements of this Administrative Letter.
If you have questions, or would like further information, please call or email Nancy Dube, Health Education Nurse Consultant, at 624-6688, mailto:nancy.dube@maine.gov.
POLICY CODE: JKF
TO: Superintendents, Principals, Directors of Special Education, Teachers
FROM: Angela Faherty, Ph.D., Commissioner of Education
DATE: September 10, 2010
RE: UPDATE: Administrative Letter No. 3 dated July 14, 2009
A bill was presented last year to the Joint Committee on Education and Cultural Affairs to prohibit physical restraint of a disabled student that results in the student lying face down on the floor while pressure is applied to the student's back. LD 1096 "An Act To Protect School Children from Dangerous or Abusive Restraint and Seclusion." http://janus.state.me.us/legis/LawMakerWeb/summary.asp?ID=280032005 The Department not only strongly supports the effort to prohibit this type of restraint, but would also broaden the prohibition to include all children and any position which restricts the free movement of the diaphragm or chest so as to interrupt normal breathing and speech. Any body position that restricts the airway or that interferes with the muscular or mechanical means of getting air into and out of the body, the body's "bellows function," will result in death unless the restriction ends in time.
Some students, such as those who are overweight or who have asthma, may be more prone to airway constraint than other students when placed in particular positions. A combination of conditions, mental and physical, including the use of certain medications, can place individuals at particular risk. http://www.gao.gov/archive/1999/he99176.pdf, pp. 7 and 8.
The Child Welfare League of America reported in 2002 that 8 to 10 children in the United States die each year due to restraints, and that other children suffer a range of injuries including broken bones and damaged joints. These data were identified with a broader population survey than schools only. Neither the federal government nor the states comprehensively track the use of restraint or seclusion data, or related injuries, so the true extent of the harm from restraint is unclear. http://www.gao.gov/archive/2000/he00026t.pdf , p. 4.
Unsafe practices must be avoided. The Department's regulations permit therapeutic restraints only "to prevent injury or harm to the student." Me. Dept. of Ed. Reg. 33 (2.3) and (4.1). Local policy may be developed only for therapeutic restraints. Me. Dept. of Ed. Reg. 33 (1.3). http://www.maine.gov/sos/cec/rules/05/chaps05.htm.
Dangerous restraints of the type addressed in this letter are generally discouraged by the training programs referenced in Section 4.5 of Me. Dept. of Ed. Reg. 33 and are considered non-therapeutic.
Accordingly, pending the results of a review and revision of Me. Dept. of Ed. Reg. 33, the use of any restraint that restricts the free movement of the diaphragm or chest or that restricts the airway so as to interrupt normal breathing or speech of students is prohibited. All school personnel who may restrain or assist with a restraint shall be notified of this prohibition. During the course of every restraint, a student's breathing and speech shall be monitored to protect against airway stress. Action causing unintended airway stress shall cease immediately.
Any restraint resulting in airway stress, physical marks, or signs or symptoms of pain, must be reported immediately to the school nurse. The nurse must assess the student promptly, either in person or remotely, according to standard nursing assessment practices, and make the determination as to what, if any, further action shall be taken.
Schools must maintain a list of all personnel with restraint training, and the list must include the date and type of training and the name and qualifications of the trainer.
Schools must amend local policies to conform to the requirements of this Administrative Letter.
If you have questions, or would like further information, please call or email Nancy Dube, Health Education Nurse Consultant, at 624-6688, mailto:nancy.dube@maine.gov.
Thursday, February 25, 2010
U.S. Dept. of Education Makes Public State-by-State Restraint and Seclusion Information
PRESS RELEASE
U.S. Department of Education
Office of Communications & Outreach, Press Office
400 Maryland Ave., S.W.
Washington, D.C. 20202
FOR RELEASE
Feb. 24, 2010
Contact: Sandra Abrevaya
(202) 401-1576 or press@ed.gov
U.S. DEPARTMENT OF EDUCATION MAKES PUBLIC STATE-BY-STATE RESTRAINT AND SECLUSION INFORMATION
Today, the Department posted a summary of state laws, regulations, policies, and guidelines regarding the use of restraint and seclusion techniques in schools:
http://www.ed.gov/policy/seclusion/seclusion-state-summary.html.
The summary is a result of U.S. Secretary of Education Arne Duncan's letter issued to Chief State School Officers on July 31, 2009, urging a review of current state policies and guidelines regarding the use of restraint and seclusion in schools. Since August, the Department's regional Comprehensive Centers have researched and compiled information on state-by-state restraint and seclusion techniques.
"Restraint and seclusion policies should be reviewed regularly to prevent the abuse of such techniques and ensure that schools provide a safe learning environment for all of our children," said Duncan. "I am pleased that many states and territories have begun to work with their stakeholders to develop or revise current practices. The Department will continue to serve as a resource throughout the process to ensure that all students are safe and protected."
Each Chief State School Officer or a representative of the Chief State School Officer reviewed and verified the information gathered.
###
U.S. Department of Education
Office of Communications & Outreach, Press Office
400 Maryland Ave., S.W.
Washington, D.C. 20202
FOR RELEASE
Feb. 24, 2010
Contact: Sandra Abrevaya
(202) 401-1576 or press@ed.gov
U.S. DEPARTMENT OF EDUCATION MAKES PUBLIC STATE-BY-STATE RESTRAINT AND SECLUSION INFORMATION
Today, the Department posted a summary of state laws, regulations, policies, and guidelines regarding the use of restraint and seclusion techniques in schools:
http://www.ed.gov/policy/seclusion/seclusion-state-summary.html.
The summary is a result of U.S. Secretary of Education Arne Duncan's letter issued to Chief State School Officers on July 31, 2009, urging a review of current state policies and guidelines regarding the use of restraint and seclusion in schools. Since August, the Department's regional Comprehensive Centers have researched and compiled information on state-by-state restraint and seclusion techniques.
"Restraint and seclusion policies should be reviewed regularly to prevent the abuse of such techniques and ensure that schools provide a safe learning environment for all of our children," said Duncan. "I am pleased that many states and territories have begun to work with their stakeholders to develop or revise current practices. The Department will continue to serve as a resource throughout the process to ensure that all students are safe and protected."
Each Chief State School Officer or a representative of the Chief State School Officer reviewed and verified the information gathered.
###
Monday, February 8, 2010
Under Pressure, Duncan To Release States' Restraint And Seclusion Policies
Article from disabilityscoop.com by Michelle Diament, published January 26, 2010
Under Pressure, Duncan To Release States’ Restraint And Seclusion Policies
Under Pressure, Duncan To Release States’ Restraint And Seclusion Policies
Monday, January 18, 2010
Update on Preventing Harmful Restraint and Seclusion in Schools Act (H.R. 4247/S.2860)
To find out more, please visit the TASH website at www.tash.org/aprais.
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