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Health & Fitness

Restraint & Seclusion - Stop the Abuse!

From the desk of Melanie Donus, Special Education Advocate

The Law Offices of Steven Morelli

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The two words, restraint and seclusion, run a chill down my back.  Unless you have experienced it personally, it’s hard to believe that this behavior management technique still exists.  Restraint and seclusion is a current special education topic right now, and is very personal to my family.

Research has proven that the use of restraint and seclusion is not only non-effective, but psychologically and sometimes physically abusive.    Disabled children who exhibit challenging behaviors deserve appropriate, safe, and effective educational services.

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Our journey with Autism became more exigent than ever when my son was recommended for a District outplacement because of his challenging behavior, a symptom of Autism that manifests quite frequently. The District refused to put behavior consultant hours on his IEP, despite his behavior being the only issue holding him back from success.

When the outplacement was recommended, I was initially excited about a possible new beginning for him.  I was completely shocked when I visited one of the District recommended schools.  I saw large men “helping” a screaming child with dragging feet down a long hallway into the “support” area, which included several padded rooms.  Some of the rooms were blue and some were white.  They had small triangular windows at the top of the doors so that someone could look in – so I peaked in at the top of a white room.  It resembled a prison cell, in my opinion.  There was a tiny 35 pound boy sitting on the dirty floor in the corner holding his head down and crying.  A staff member was holding the door closed. 

I was beyond shocked and disturbed – I had no idea that these forms of behavior management still existed.  The incidents that I saw, in my opinion, would be considered child abuse by the majority of the population reading this blog, and also most likely Child Protective Services. 

As the school year went by, my son was punished several times within the District via the seclusion method.  The District went as far as to recommend a pendency placement in a small office, where he would be instructed alone for a few months.  They refused to grant him the dignity of interacting with other students at a school with over 600 children, and my request for a 15 minute daily social interaction in a self contained classroom was denied.

How do we ensure that our children will be safe?  Legislation is mandatory and I am thrilled to write that it is in the planning process.

I told myself that if I didn’t have the responsibility of managing three autistic children and a full time job, I would find a way to initiate a grass roots movement to put an end to this grossly unfair mistreatment of the disabled community.  Fortunately, I discovered COPAA, The Council of Parents, Attorneys, and Advocates, who have several missions, one which includes the objective to cease restraint and seclusion in the educational setting. 

COPAA’s website states “Children should receive effective positive behavior supports developed within a comprehensive, professionally-developed plan of behavioral accommodations, supports, and interventions. But, too often school personnel who have not been thoroughly trained in research-validated methods for promoting positive behavior change and crisis de-escalation resort to inappropriate abusive methods. Abusive methods not only place the student at risk for serious physical and psychological harm, but also violate his or her dignity and the right to be free from abusive treatment. 

Every child is entitled to be treated with dignity and respect. No child, with or without a disability should be subjected to abusive treatment under the guise of providing educational services. Civilized nations protect the human rights of all of their citizens and residents, particularly those who are unable to advocate for themselves, including children.”

New York State has recently encouraged Districts to implement PBIS, Positive Behavioral Interventions and Supports.  “PBIS is a research-based data-driven model that works with ALL students INCLUDING those with challenging behavior issues.  PBIS offers a schoolwide approach of identifying, teaching and acknowledging behavioral expectations to foster the most optimal school and learning climate”, per the NYSPBIS website.  Thousands of Districts nationwide have adopted this model that ultimately works to assist disabled children to stay in the least restrictive environment, their public school.  Unfortunately some Districts have not chosen to adopt the PBIS protocol.

I am very passionate about this cause and encourage everyone to support legislation and federal bills that prohibit this archaic behavioral intervention.

My own personal experience in navigating the special education maze is a resource that I bring to the table for our clients.  My advice will always be to monitor the student’s Behavior Intervention Plan (BIP) very carefully, request weekly behavior charts, document every conversation with District staff, and accept nothing short of the appropriate behavior modification services that your child should receive. 

For more information on restraint & seclusion including student testimonials, research, and legislation please visit the websites below:

http://stophurtingkids.com/the-campaign/

http://www.copaa.org/?page=RestSeclusion

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