Restraint and Seclusion at School What You Need To Know To Protect Your Child

1. Restraint and Seclusion at School What You Need To Know To Protect Your Child

2. About Your Presenter Ann Siegel, Education Team Manager Advocate for students with disabilities for over fifteen years. Juris Doctor from Nova Southeastern University, Shepard Broad Law Center. Former Guardian Ad Litem and Senior Attorney at Legal Aid Service of Broward County. Returned to Disability Rights Florida (formerly the Advocacy Center for Persons with Disabilities, Inc.) in January 2009 as Education Team Manager. Member of the Florida Bar and is admitted to practice in the U.S. District Courts for the Southern, Middle and Northern Districts as well as in the 11th Circuit Court of Appeal. 2

3. We Will Cover New Florida Law on School Restraint and Seclusion The New Law in Your School District What Can a Parent do to Prevent Injury, Abuse or Misuse of R/S at School? Dispute Resolution More Resources 3

4. Disability Rights Florida Funding, responsibility, and authority under eight federal programs to protect the rights of Floridians with disabilities. A not-for-profit corporation since 1987. Main offices in Tallahassee, Tampa and Hollywood. Satellite offices in several other communities. 4

5. Our Mission To advance the quality of life, dignity, equality, self determination, and freedom of choice of persons with disabilities through collaboration, education, advocacy, as well as legal and legislative strategies. 5

6. New Florida Law 6

7. Update Late on the evening of May 6, 2011, amendments were passed on the New Florida Law addressing School Restraint and Seclusion. These amendments are reflected in underlined text in this presentation. 7

8. Definitions Seclusion is a crisis intervention in which a student is isolated from others. Not the same as �Time Out�. Restraint is a crisis intervention in which a student is physically or mechanically held. Does not include all touching. 8

9. New Law Effective on July 1, 2010 First Florida law to addresses widespread concern about abusive use of seclusion and restraint on students with disabilities in public schools. 9

10. New Law Sets Standards and Procedures: Use Monitoring Documentation Reporting 10

11. New Law Explained FLDOE�s Technical Assistance Paper - Guidelines for the Use, Documentation, Reporting and Monitoring of Seclusion and Restraint with Students with Disabilities. Helps defines manual physical restraint and seclusion. Consistent with the Office of Civil Rights definitions Explains that R/S is justified only in emergency situations when an immediate and significant threat to the physical safety of the student or others exists. Explains all requirements of the new law. Recommends the training and monitoring steps schools and districts should take. Find it at http://www.pbis.org/common/cms/documents/Florida_Retraint_2010.pdf 11

12. Prohibited Restraints Mechanical restraint that restricts breathing. Manual or physical restraint that restricts breathing. 12

13. Prohibited Seclusion Closing, locking or blocking a student in a room that does not meet State Fire Marshal rules for seclusion time-out rooms and is unlit. Find State Fire Marshall rules at: https://www.flrules.org/gateway/RuleNo.asp?ID=69A-58.0084 13

14. Reporting and Notification The school must prepare an incident report within 24 hours, The school must provide notification to a parent or guardian that day in writing, and The school must send the incident report to the parent or guardian. 14

15. Reporting Requirements Schools must send the incident reports to: Parent or Guardian, Principal, District Special Education Director, and State Special Education Bureau Chief. 15

16. Data The department shall maintain aggregate data of incidents of manual or physical restraint and seclusion and disaggregate the data for analysis by county, school, student exceptionality, and other variables, including the type and method of restraint or seclusion used. This information shall be updated monthly. 16

17. Establish Standards The department shall establish standards for documenting, reporting, and monitoring the use of manual or physical restraint or mechanical restraint, and occurrences of seclusion. These standards shall be provided to school districts by October 1, 2011. 17

18. Incident Report Must contain: The name of the student, age, grade, ethnicity, and disability of the student restrained or secluded. The date and time of the event and the duration of the restraint or seclusion. The location at which the restraint or seclusion occurred. 18

19. Incident Report A description of the type of restraint used in terms established by the Department of Education . The name of the person using or assisting in the restraint or seclusion of the student. The name of any nonstudent who was present to witness the restraint or seclusion. 19

20. Incident Report A description of the incident, including: The context in which the restraint or seclusion occurred. The student's behavior leading up to and precipitating the decision to use manual or physical restraint or seclusion, including an indication as to why there was an imminent risk of serious injury or death to the student or others. 20 I believe we can use this required information in advocate that there is a justification standard.I believe we can use this required information in advocate that there is a justification standard.

21. Incident Report The specific positive behavioral strategies used to prevent and deescalate the behavior. What occurred with the student immediately after the termination of the restraint or seclusion. 21 The report requires the school to report on the positive behavior strategies.The report requires the school to report on the positive behavior strategies.

22. Incident Report Any injuries, visible marks, or possible medical emergencies that may have occurred during the restraint or seclusion, documented according to district policies. Evidence of steps taken to notify the student's parent or guardian. 22

23. Your Right to Know - Notification The school must notify the parent or guardian each time a manual or physical restraint or seclusion is used: Must be in writing and provided before the end of the school day on which the restraint or seclusion occurs. 23 Finally parents will get the information necessary to seek assistance for their child.Finally parents will get the information necessary to seek assistance for their child.

24. Notification Reasonable efforts must also be taken to notify the parent or guardian by telephone or computer e-mail, or both, and these efforts must be documented. The school shall obtain, and keep in its records, the parent's or guardian's signed acknowledgement that he or she was notified of his or her child's restraint or seclusion. 24 Finally parents will get the information necessary to seek assistance for their child.Finally parents will get the information necessary to seek assistance for their child.

25. Notification The school shall also provide the parent or guardian with the completed incident report in writing by mail within 3 school days after the R/S. The school shall obtain, and keep in its records, the parent's or guardian's signed acknowledgement that he or she received a copy of the incident report. 25

26. The New Law in Your School District 26

27. School District Policies and Procedures - SP&P (a) Each school district shall develop policies and procedures that are consistent with this section and that govern the following: 1. Incident-reporting procedures. 2. Data collection. 3. Monitoring and reporting of data collected, including when, where, and why students are restrained or secluded; the frequency of occurrences of such restraint or seclusion; and the prone or mechanical restraint that is most used. 27

28. SP&Ps Parents may request a copy of their district�s SP&Ps. Check if your District�s SP&Ps are online. 28

29. Other District Decisions What curriculum are they using? Is it on the Agency for Persons with Disabilities approved list? How many staff is the district training this school year? Which schools are those staff assigned to? 29

30. Other District Decisions Training programs relating to manual or physical restraint and seclusion. The district�s plan for selecting personnel to be trained. 30

31. Plan For Reduction The district�s plan for reducing the use of restraint and seclusion particularly in settings in which it occurs frequently or with students who are restrained repeatedly, and for reducing the use of prone restraint and mechanical restraint. The plan must include a goal for reducing the use of restraint and seclusion and must include activities, skills, and resources needed to achieve that goal 31

32. Activities Activities may include, but are not limited to: a. Additional training in positive behavioral support and crisis management; b. Parental involvement; c. Data review; d. Updates of students� functional behavioral analysis and positive behavior intervention plans; 32

33. Activities e. Additional student evaluations; f. Debriefing with staff; g. Use of schoolwide positive behavior support; and h. Changes to the school environment. 33

34. Other District Decisions How much money is the district spending on training? How many rooms does the district use for seclusion and where are they? What does the district�s monitoring consist of? 34

35. What Can a Parent do to Prevent Injury, Abuse or Misuse of R/S at School? 35

36. Positive Behavior Intervention Research shows most restraint and seclusion interventions could have been prevented through: positive behavior intervention, appropriate services, and qualified school staff who are appropriately trained. 36

37. IDEA The Individuals with Disabilities Education Act (IDEA) promotes the use of positive behavior interventions. When a student is exhibiting challenging behaviors in the education setting, the school should conduct a Functional Behavior Assessment of the student. 37

38. Functional Behavior Assessment (FBA) Without analyzing the behavior the school would not recognize the pattern and the student�s behavior will continue to become more challenging. Behavior is a form of communication. For non-verbal students, behavior is often their only method of communication. 38

39. FBA FBAs determine the cause of the challenging behavior. FBAs help find the patterns. 39

40. Positive Behavior Intervention Plan (BIP) Positive Behavior Intervention Plans can be developed with intervention strategies to replace the challenging behaviors with appropriate behaviors.� A student should not receive negative consequences for manifestations of their disability.� 40 Restraint and seclusion is not a positive behavior strategy. There is no research showing that restraint and seclusion reduce inappropriate behavior. Restraint and seclusion is not a positive behavior strategy. There is no research showing that restraint and seclusion reduce inappropriate behavior.

41. BIP A positive BIP should be developed on the data collected in the FBA. The positive BIP must be individualized to meet the unique needs of the student. The positive BIP should not include the use of restraint and/or seclusion. 41 Restraint and seclusion is not a positive behavior strategy. There is no research showing that restraint and seclusion reduce inappropriate behavior. Restraint and seclusion is not a positive behavior strategy. There is no research showing that restraint and seclusion reduce inappropriate behavior.

42. Individual Education Program (IEP) The IEP should include a factual and realistic present level of performance, goals, related supports and services to address the improvement behavior. Need to be based in positive methodologies to improve and replace inappropriate behavior. 42

43. IEP The IEP should not include restraint and/or seclusion. These crisis interventions are not researched based nor data driven, to support improvement of behavior. 43

44. What if� The school insists on placing the use of restraint or seclusion on the IEP or BIP? Advocate the reasons why the IEP or BIP should not include these crisis intervention strategies. Inform the staff of your child�s unique needs. Advocate for positive, research based strategies. Ask for data to support their proposal/decision and data why the proposed crisis intervention will be successful in replacing the target inappropriate behavior. 44 Asthma, trauma, fear of enclosed places, sensory needs, issues with being touched, etc. Asthma, trauma, fear of enclosed places, sensory needs, issues with being touched, etc.

45. What if� I do not want my child secluded or restrained? The following link, adapted by TASH from a letter written by Tricia and Calvin Luker of The Respect Ability Law Center, provides a suggested letter for parents to use: http://www.tash.org/dev/tashcms/ewebeditpro5/upload/Sample_No_Consent_Letter.doc 45 This should be sent to the LEA, Superintendent and ESE Director.This should be sent to the LEA, Superintendent and ESE Director.

46. Dispute Resolution 46 Find out who you need to contact in your district and put all requests in writing. Find out who you need to contact in your district and put all requests in writing.

47. Options Try to resolve at the school level. Contact the District ESE Director and Superintendent. Report Abuse to DCF. Request Mediation or Due Process or File a State Complaint. Report Staff Conduct to Professional Practices. File an OCR Complaint. Contact the Department of Justice. Contact Disability Rights Florida. Contact your Florida Representative or Senator. 47

48. Tips For Working With Your Child�s School Share information about your child. Know key players in your district. Stay connected and attend ALL meetings. Seek a win-win situation for your child. Stay involved and trained. Develop a collaboration with the school. Become a strong advocate. Know the law: knowledge = power. Know the lingo. Become familiar with school policies and procedures. Know the rules of the game. 48 Know the lingo = know the terminology used at your child�s meeting Know the Rules of the Game = know your rights for mediation, due process, state complaint, etc�. Know the lingo = know the terminology used at your child�s meeting Know the Rules of the Game = know your rights for mediation, due process, state complaint, etc�.

49. Understanding The Chain Of Command 49

50. Understanding The Chain Of Command 50

51. Understanding The Chain Of Command 51

52. Put It In Writing! 52

53. If You Suspect Abuse or Discover Injuries from R/S 2 Priorities Seek immediate medical attention. Call the Florida Abuse Hotline at DCF. 1-800-96-ABUSE 1-800-453-5145 TDD 53

54. Florida Department of Education 2 Options Professional Practices Complaint IDEA State Complaint 54

55. Florida Department of Education Professional Practices Complaint Marian W. Lambeth, Bureau Chief Bureau of Professional Practices Florida Department of Education 325 West Gaines StreetTallahassee, Florida 32399-0400 Phone: 850-245-0438Fax: 850-245-0621 http://www.fldoe.org/edstandards/ Office of Professional Practices Services investigates alleged misconduct by educators who hold a Florida Educator Certificate or a valid application for a Florida Educator Certificate. 55

56. Florida Department of Education IDEA State Complaint Ms. Bambi J. Lockman, Bureau Chief Bureau of Exceptional Education and Student ServicesFlorida Department of Education325 West Gaines Street, Suite 614Tallahassee, Florida 32399-0400 Fax #: 850-245-0953 56

57. IDEA State Complaint Parents and other interested parties may file a written complaint alleging that a public agency has violated state or federal requirements regarding the education of students with disabilities or gifted students. The signed, written state complaint must: be clearly identified as a complaint, include a statement which describes how the district has violated a requirement of the Individuals with Disabilities Education Act (IDEA 2004) and/or the corresponding state requirements, include an explanation of the facts on which the statement is based, and include a signature and contact information for the complainant(s). 57

58. IDEA State Complaint Allege a violation that occurred not more than one year prior to the date that the complaint is received. If alleging violations with respect to a specific child, include: the name and the address of the residence of the child, the name of the school the child is attending, a description of the nature of the problem of the child, including facts relating to the problem, and a proposed resolution of the problem. Party filing the state complaint must forward a copy of the complaint to the school district serving the child at the same time the complaint is filed. (Section 300.153 of Title 34 of the Code of Federal Regulations) 58

59. Federal Agencies 2 Options U.S. Department of Education � Office of Civil Rights U.S. Department of Justice - Civil Rights of Institutionalized Persons Act (CRIPA) 59

60. Office of Civil Rights (OCR) Complaint Mail or Fax: Complainants may mail or send by facsimile a letter or use the OCR�s Discrimination Complaint Form available from one of OCR�s enforcement offices. In your correspondence, please include: The complainant�s name, address and, if possible (although not required), a telephone number where the complainant may be reached during business hours; Information about the person(s) or class of persons injured by the alleged discriminatory act(s) (names of the injured person(s) are not required); The name and location of the institution that committed the alleged discriminatory act(s); and 60

61. OCR Complaint Write a description of the alleged discriminatory act(s) in enough detail to let OCR understand what happened, when it happened, and the basis for the alleged discrimination (race, color, national origin, sex, disability, age or the Boy Scouts of America Equal Access Act). E-mail: Complainants may file a complaint, using the following e-mail address. (Use the same procedures) Online: Complainants may file a complaint with OCR using OCR�s electronic complaint form at the following Web site: http://www.ed.gov/about/offices/list/ocr/complaintintro.html 61

62. Civil Rights of Institutionalized Persons Act (CRIPA) Complaint Tool for protecting the civil rights of confined or detained youth, established by Congress in 1980. Provides the Civil Rights Division of the Department of Justice (DOJ) authority to bring legal action against state and local governments for violating the civil rights of persons institutionalized in publicly operated facilities. 62

63. CRIPA Complaint Protects detained or incarcerated juveniles in prisons, jails, psychiatric hospitals, and other publicly operated facilities from dangerous conditions and unsafe practices of confinement. (Puritz & Scali, 1998) CRIPA should apply to students in school settings. Complaints can be directed to: Special Litigation Section, Civil Rights DivisionU.S. Department of JusticeP.O. Box 66400,Washington, DC 20035-6400 202-514-6255 63

64. More Resources FLDOE Restraint and Seclusion Parent Brochure http://www.fldoe.org/ese/parent/pdf/RestraintSeclusion-ParentBrochure.pdf Florida Department of Education Technical Assistance Paper on Time Out (1992) This DOE technical assistance paper has not been updated in many years, but some of the information can still be useful in advocacy. Find on http://www.fldoe.org/ese/pdf/y1993-3.pdf 64

65. If you know a family that needs assistance regarding a school restraint or seclusion issue, refer them to: (800) 342-0823 TDD (800) 346-4127 FAX (850) 488-8640 www.DisabilityRightsFlorida.org 65