Wednesday, May 30, 2012
VIDEO: Special Education Rights, Advocacy and Law
You are invited to watch this video presentation, Special Education Rights, Advocacy and Law, by Hope Kirsch at Children's Services Network of Arizona on May 10, 2012.
Wednesday, May 16, 2012
15 Principles on the Use of Resraint & Seclusion
The U.S. Department of Education releases 15 "principles" on restraint, seclusion:
U.S. Department of Education Secretary Arne Duncan issued a document May 15, 2012, that sets forth the education department's ideas on the use of restraint and seclusion. The 45-page document includes a list of 15 principles that should be used by schools to structure environments and provide supports so that restraint and seclusion are unnecessary. The document recommends, for example, that schools review their strategies "when there is repeated use [of restraint or seclusion] for an individual child, multiple uses within the same classroom, or multiple uses by the same individual." States and school districts are not obligated to implement these principles, and the document does not create or confer any rights for or on any person or require specific actions by any State, school district or school.
Fifteen principles on the use of restraint and seclusion
1. Every effort should be made to prevent the need for the use of restraint and for the use of seclusion.
2. Schools should never use mechanical restraints to restrict a child's freedom of movement, and schools should never use drugs or medication to control behavior or to restrict freedom of movement (except as authorized by a licensed physician or other qualified health professional).
3. Physical restraint or seclusion should not be used except in situations where the child's behavior poses imminent danger of serious physical harm to self or others and other interventions are ineffective and should be discontinued as soon as imminent danger of serious physical harm to self or others has dissipated.
4. Policies restricting the use of restraint and seclusion should apply to all children, not just children with disabilities.
5. Any behavioral intervention must be consistent with the child's rights to be treated with dignity and to be free from abuse.
6. Restraint or seclusion should never be used as punishment or discipline (e.g., placing in seclusion for out-of-seat behavior), as a means of coercion or retaliation, or as a convenience.
7. Restraint or seclusion should never be used in a manner that restricts a child's breathing or harms the child.
8. The use of restraint or seclusion, particularly when there is repeated use for an individual child, multiple uses within the same classroom, or multiple uses by the same individual, should trigger a review and, if appropriate, revision of strategies currently in place to address dangerous behavior ("dangerous behavior" refers to behavior that poses imminent danger of serious physical harm to self or others); if positive behavioral strategies are not in place, staff should consider developing them.
9. Behavioral strategies to address dangerous behavior that results in the use of restraint or seclusion should address the underlying cause or purpose of the dangerous behavior.
10. Teachers and other personnel should be trained regularly on the appropriate use of effective alternatives to physical restraint and seclusion, such as positive behavioral interventions and supports and, only for cases involving imminent danger of serious physical harm, on the safe use of physical restraint and seclusion.
11. Every instance in which restraint or seclusion is used should be carefully and continuously and visually monitored to ensure the appropriateness of its use and safety of the child, other children, teachers, and other personnel.
12. Parents should be informed of the policies on restraint and seclusion at their child's school or other educational setting, as well as applicable Federal, State, or local laws.
13. Parents should be notified as soon as possible following each instance in which restraint or seclusion is used with their child.
14. Policies regarding the use of restraint and seclusion should be reviewed regularly and updated as appropriate.
15. Policies regarding the use of restraint and seclusion should provide that each incident involving the use of restraint or seclusion should be documented in writing and provide for the collection of specific data that would enable teachers, staff, and other personnel to understand and implement the preceding principles.
So what can you do? Attend your Governing Board meetings, bring the document, and ask what, if anything, your school district is doing with respect to restraint and seclusion, and ask if all the principles in the document are incorporated into your school district's restraint and seclusion policy.
U.S. Department of Education Secretary Arne Duncan issued a document May 15, 2012, that sets forth the education department's ideas on the use of restraint and seclusion. The 45-page document includes a list of 15 principles that should be used by schools to structure environments and provide supports so that restraint and seclusion are unnecessary. The document recommends, for example, that schools review their strategies "when there is repeated use [of restraint or seclusion] for an individual child, multiple uses within the same classroom, or multiple uses by the same individual." States and school districts are not obligated to implement these principles, and the document does not create or confer any rights for or on any person or require specific actions by any State, school district or school.
Fifteen principles on the use of restraint and seclusion
1. Every effort should be made to prevent the need for the use of restraint and for the use of seclusion.
2. Schools should never use mechanical restraints to restrict a child's freedom of movement, and schools should never use drugs or medication to control behavior or to restrict freedom of movement (except as authorized by a licensed physician or other qualified health professional).
3. Physical restraint or seclusion should not be used except in situations where the child's behavior poses imminent danger of serious physical harm to self or others and other interventions are ineffective and should be discontinued as soon as imminent danger of serious physical harm to self or others has dissipated.
4. Policies restricting the use of restraint and seclusion should apply to all children, not just children with disabilities.
5. Any behavioral intervention must be consistent with the child's rights to be treated with dignity and to be free from abuse.
6. Restraint or seclusion should never be used as punishment or discipline (e.g., placing in seclusion for out-of-seat behavior), as a means of coercion or retaliation, or as a convenience.
7. Restraint or seclusion should never be used in a manner that restricts a child's breathing or harms the child.
8. The use of restraint or seclusion, particularly when there is repeated use for an individual child, multiple uses within the same classroom, or multiple uses by the same individual, should trigger a review and, if appropriate, revision of strategies currently in place to address dangerous behavior ("dangerous behavior" refers to behavior that poses imminent danger of serious physical harm to self or others); if positive behavioral strategies are not in place, staff should consider developing them.
9. Behavioral strategies to address dangerous behavior that results in the use of restraint or seclusion should address the underlying cause or purpose of the dangerous behavior.
10. Teachers and other personnel should be trained regularly on the appropriate use of effective alternatives to physical restraint and seclusion, such as positive behavioral interventions and supports and, only for cases involving imminent danger of serious physical harm, on the safe use of physical restraint and seclusion.
11. Every instance in which restraint or seclusion is used should be carefully and continuously and visually monitored to ensure the appropriateness of its use and safety of the child, other children, teachers, and other personnel.
12. Parents should be informed of the policies on restraint and seclusion at their child's school or other educational setting, as well as applicable Federal, State, or local laws.
13. Parents should be notified as soon as possible following each instance in which restraint or seclusion is used with their child.
14. Policies regarding the use of restraint and seclusion should be reviewed regularly and updated as appropriate.
15. Policies regarding the use of restraint and seclusion should provide that each incident involving the use of restraint or seclusion should be documented in writing and provide for the collection of specific data that would enable teachers, staff, and other personnel to understand and implement the preceding principles.
So what can you do? Attend your Governing Board meetings, bring the document, and ask what, if anything, your school district is doing with respect to restraint and seclusion, and ask if all the principles in the document are incorporated into your school district's restraint and seclusion policy.
Sunday, May 13, 2012
Upcoming Presentation at CHADD
Hope Kirsch is giving a presentation on Special Education Law to the Valley of the Sun Satellite of CHADD.
Date: Thursday, May 17, 2012
Start Time: 6:00pm
Location: 9811 East Bell Road, Suite 110, Scottsdale, AZ 85260 (On-Track Tutoring)
Contact: Erica Schwartz
Phone: 480-563-5588
CHADD (Children and Adults with Attention-Deficit/Hyperactivity Disorder) is the nation’s leading non-profit organization serving individuals with ADHD and their families. CHADD has over 16,000 members in 200 local chapters throughout the U.S. Chapters offer support for individuals, parents, teachers, professionals, and others.
CHADD is a membership organization, produces the bi-monthly Attention magazine (for members), and sponsors an annual conference. The National Resource Center on ADHD National Resource Center on ADHD (NRC) is the CDC-funded national clearinghouse for evidence-based information about ADHD.
CHADD was founded in 1987 in response to the frustration and sense of isolation experienced by parents and their children with ADHD
Date: Thursday, May 17, 2012
Start Time: 6:00pm
Location: 9811 East Bell Road, Suite 110, Scottsdale, AZ 85260 (On-Track Tutoring)
Contact: Erica Schwartz
Phone: 480-563-5588
CHADD (Children and Adults with Attention-Deficit/Hyperactivity Disorder) is the nation’s leading non-profit organization serving individuals with ADHD and their families. CHADD has over 16,000 members in 200 local chapters throughout the U.S. Chapters offer support for individuals, parents, teachers, professionals, and others.
CHADD is a membership organization, produces the bi-monthly Attention magazine (for members), and sponsors an annual conference. The National Resource Center on ADHD National Resource Center on ADHD (NRC) is the CDC-funded national clearinghouse for evidence-based information about ADHD.
CHADD was founded in 1987 in response to the frustration and sense of isolation experienced by parents and their children with ADHD
Thursday, May 10, 2012
Call to action: KEEPING ALL STUDENTS SAFE ACT
Rep. George Miller in the U.S. House of Representatives and Senators Tom Harkin and Mike Enzi in the U.S. Senate are working to bring an end to the dangerous and deadly practices of seclusion and unnecessary restraint. Schools need to use evidence based positive practices instead.
Please contact your elected officials (again if you have already) and urge co-sponsorship and swift passage of THE KEEPING ALL STUDENTS SAFE ACT (S.2020 in the Senate and H.R. 1381 in the House).Senator Harkin is the Chairman of the Commitee on Health, Education, Labor and Pension. Chairman Harkin and Ranking Member Enzi released the following announcement for a hearing in the Senate next week:
COMMITTEE ON HEALTH, EDUCATION, LABOR
AND PENSIONS
HEARING NOTICE
To: All Committee Members
Title: Beyond Seclusion and Restraint: Creating Positive Learning Environments for All Students
Date: Thursday, May 17, 2012
Time: 10:00 a.m.
Place: SD-050
Witnesses:
Dr. Daniel Crimmins, Director, Center for Leadership in Disability, Georgia State University, Atlanta, Georgia
Ms. Cyndi Pitonyak, Coordinator of Positive Behavioral Interventions and Supports, Montgomery County Public Schools, Christiansburg, Virginia
Dr. Michael George, Director, Centennial School, Bethlehem, Pennsylvania
Ms. Deborah (Debbie) Jackson, Parent, Easton, Pennsylvania
House News
During remarks on the House floor today, Rep. George Miller (D-CA), the senior Democrat on the House Education and the Workforce Committee, called on Chairman John Kline (R-MN) to consider the Keeping All Students Safe Act – a bill to protect children from abusive seclusion and restraint practices while attending school. Although the legislation passed the House more than two years ago with bipartisan support, it never became law.
“Schools are supposed to be a safe place. Parents should never have to worry about the safety of their children when they’re at school,” said Miller. “No child should be neglected, abused, or injured while they are trying to learn.”
In recent months, there have been disturbing cases of children being dangerously restrained by teachers and staff during the school day. In several of these cases, students have suffered serious injury or even died as a result of their injuries. The Keeping All Students Safe Act would, for the first time, put in place minimum safety standards to prevent abusive seclusion and restraint in schools across the country. The legislation would protect schoolchildren from inappropriate uses of seclusion and restraint while at school. The bill would also provide school personnel with the necessary tools, training, and support to ensure the safety of all students and school personnel who support them.
Miller’s remarks today follow a letter he sent last week to Chairman Kline requesting immediate committee action to markup the legislation.
The full text of the letter to Chairman Kline can be found here.
Miller’s remarks on the House floor can be found here.
More information on seclusion and restraint can be found here.
SENATE. You can email your Senators through the Senate website forms at http://www.senate.gov/general/contact_information/senators_cfm.cfm Locate your Senators by choosing your state at the top.
HOUSE OF REPRESENTATIVES. You can find your Representative and send an email through the House website http://www.house.gov/representatives/find/
Tuesday, May 8, 2012
14th Annual Educational Law and Social Justice Forum -- Think Sheet Responses
At the beginning of last week’s 14thAnnual Educational Law and Social Justice Forum (panel topic: “The Education and Schools Our Children Deserve”) at the Center for Education, Equity, and Diversity, we (i.e., the forum organizers) distributed a brief question sheet that asked each audience member to “list three characteristics that describe an education and school our children deserve.” Then, after the forum was over, we asked the audience to take a moment to write down any changes and revisions that had taken place in their thinking. We then compiled and analyzed their responses, which I will now summarize and discuss here.
By far the most commonly cited characteristic of desirable education was a sense of equality and inclusivity, with an ideal educational institution being one that provides guidance and quality education to students of all cultural, ethnic, and socioeconomic backgrounds. Over 75 percent of the audience members who turned in their question sheets cited this as being particularly important. This demonstrates both the abiding concerns of the forum-goers in general, and the fact that issues of educational equity remain woefully problematic: obviously if instances of severe inequality did not exist on a large scale, it probably would not have loomed sufficiently large in the respondents’ minds to become the common touchstone among their responses.
Also present in many people’s answers was the notion that schools should provide a sort of safe haven for students: a safe, comfortable, healthy learning environment where no one should feel threatened or uncomfortable. The primacy of a “whole child” approach to teaching, the appointment of knowledgeable, well-rounded, enthusiastic teachers, and a pedagogical focus on inculcating a love of learning in children also came up quite frequently.
Almost everything else that people mentioned—teacher consistency, caring relationships, diverse teaching styles to accommodate different ways of learning, instruction in critical thinking—more or less fell under subheadings of the common elements discussed above. One respondent facetiously suggested that the ideal school would have a “state-of-the-art detention hall where students are held in place with magnets” (obviously a quote from The Simpsons), but by and large the responses painted a portrait of the ideal school as an inclusive, holistic space of multicultural learning.
Meanwhile, the post-forum part of the question sheet, as I mentioned, asked audience members to discuss changes and refinements that had occurred in their thinking as a result of the panel. Many people cited an increased consciousness of the importance of relationships—between teachers and students, students and other students, teachers and the larger community, and so on—as their primary take-away from the forum. Several of them cited the video Vale Hartley showed of her class meeting at the Whatcom Day Academy as being particularly enlightening in that regard. The overall importance of the “humane aspect of teaching,” to use one respondent’s words, was definitely the throughline of the various post-forum responses.
Likewise, a large number of respondents asserted that their opinions were not changed so much as augmented as a result of the panel: no one’s broad convictions were really altered, but many people were moved to consider aspects of education that they had previously not given a great deal of thought. One audience member put it thusly: “my opinions have not changed but I now feel I now have many additions to what I believe children deserve.” It is this sort of response, perhaps, that might be used to answer the concern that forums of this sort amount to little more than preaching to the choir: while it is certainly true, if the answer sheets are any indication, that almost everyone at the forum agreed with each other in broad strokes, that certainly doesn’t mean they had nothing to teach one another. Much was clearly learned in terms of specific details, and the answer sheet responses as a whole attest to the vitality of the sort of public discourse the forum represents.
Saturday, May 5, 2012
“Finding Your Voice” Parent Institute and “Train the Trainers” Workshops to be Held in Bellingham, Washington on May 17th, 18th, and 19th
The Educational Institute for Democratic Renewal that houses the Journal of Educational Controversy is joining other community groups to bring a special three day workshop to Bellingham, Washington on May 17, 18 and 19th. The workshops are sponsored by the Washington State Office of the Education Ombudsman that works out of the Governor’s Office in Washington State. In addition to our Institute, other community groups that are helping to plan the event include: Community to Community Development, Whatcom Family and Community Network, Whatcom County Schools in Community, local school districts, Western Washington University and immigration lawyers.
The goal of the workshops is to provide training for immigrant, refugee, marginalized and disenfranchised communities to help them advocate for their children and learn how to navigate the public school system. The planning committee has made an effort to include all cultures in our community including our Latino, Russian, Vietnamese and Punjabi communities. Translators will be available in four languages.
The two day “Training the Trainers” workshop on May 17th and 18th will train members of the community and the schools who work with these communities with ways to reach out and empower parents. On Saturday, May 19th, the trainers will train the parents at the Parent Institute.
The Parent Institute will cover the following topics:
Information on the Bellingham Parent Institute:
Location: St. Luke's Health Education Center, 3333 Squalcum Pkwy, Bellingham, WA 98225
Date and Time: Saturday, May 19, 2012, 9-2:30 pm
Free/complimentary lunch
Register online at: http://www.parentprep.org/ Space is limited.
The goal of the workshops is to provide training for immigrant, refugee, marginalized and disenfranchised communities to help them advocate for their children and learn how to navigate the public school system. The planning committee has made an effort to include all cultures in our community including our Latino, Russian, Vietnamese and Punjabi communities. Translators will be available in four languages.
The two day “Training the Trainers” workshop on May 17th and 18th will train members of the community and the schools who work with these communities with ways to reach out and empower parents. On Saturday, May 19th, the trainers will train the parents at the Parent Institute.
The Parent Institute will cover the following topics:
1. How do school districts work? - Understanding the way school districts are structured, and financed, how education laws and policies are created, and how to participate in the education system is critical to help you find your voice in your school community.In some early posts below, we described the unique role of the Washington State Office of the Education Ombudsman. It is one of the first offices of its kind in the nation. The Office functions independently from the public school system and resolves complaints, disputes, and problems between families and elementary and secondary public schools in all areas that affect student learning.
2. Become an education advocate - Learn what do we mean by education advocate and how to be one. Find out new ways to help your child and the students in your school succeed.
3. Participate in your child’s education - Family involvement must be done in partnership with schools. Every parent or family member has different skills, experiences, and life circumstances that can contribute to their children’s education. Find yours!
4. Prepare your student for college - Career and college preparation starts earlier that you think. Find out what you need to do and when should you start.
5. Home-school communication skills - Learn strategies and tips to communicate better with school staff and prevent and resolve problems.
Information on the Bellingham Parent Institute:
Location: St. Luke's Health Education Center, 3333 Squalcum Pkwy, Bellingham, WA 98225
Date and Time: Saturday, May 19, 2012, 9-2:30 pm
Free/complimentary lunch
Register online at: http://www.parentprep.org/ Space is limited.
Friday, May 4, 2012
Arizona's Anti-Bullying Statute
Arizona has an anti-bullying statute that explains the obligations of each school district in regard to developing and enforcing policies and procedures to prohibit students from harassing, intimidating and bullying other students. The policies are to cover school grounds, school property, school buses, school bus stops, school sponsored events and activities, and cyber bullying (electronic technology and electronic communication on school computers, networks, forums and mailing lists). You should be familiar with your school district's policies. Often the school district has a form for the parent to fill out, but unless you are aware of the policy, you might not be told about the policy when an incident occurs. So what should you do now -- before any bullying incident? Read your student/parent handbook AND ask the school principal or assistant principal for a complete copy of the school district's anti-bullying statute AND the forms that are to be filled out to report bullying and inappropriate incident. It is extremely important to put the school and school district "on notice" (inform them, in writing) of any and all bullying, harassment, intimidation. While bullying is defined as repeated events, don't wait until a second incident of inappropriate behavior to make a report.
(b) A requirement that school district employees report in writing suspected incidents of harassment, intimidation or bullying to the appropriate school official and a description of appropriate disciplinary procedures for employees who fail to report suspected incidents that are known to the employee.
(c) A requirement that, at the beginning of each school year, school officials provide all pupils with a written copy of the rights, protections and support services available to a pupil who is an alleged victim of an incident reported pursuant to this paragraph.
(d) If an incident is reported pursuant to this paragraph, a requirement that school officials provide a pupil who is an alleged victim of the incident with a written copy of the rights, protections and support services available to that pupil.
(e) A formal process for the documentation of reported incidents of harassment, intimidation or bullying and for the confidentiality, maintenance and disposition of this documentation. School districts shall maintain documentation of all incidents reported pursuant to this paragraph for at least six years. The school shall not use that documentation to impose disciplinary action unless the appropriate school official has investigated and determined that the reported incidents of harassment, intimidation or bullying occurred. If a school provides documentation of reported incidents to persons other than school officials or law enforcement, all individually identifiable information shall be redacted.
(f) A formal process for the investigation by the appropriate school officials of suspected incidents of harassment, intimidation or bullying, including procedures for notifying the alleged victim on completion and disposition of the investigation.
(g) Disciplinary procedures for pupils who have admitted or been found to have committed incidents of harassment, intimidation or bullying.
(h) A procedure that sets forth consequences for submitting false reports of incidents of harassment, intimidation or bullying.
The policies and procedures must include the following components:
(a) A procedure for pupils, parents and school district employees to confidentially report to school officials incidents of harassment, intimidation or bullying. The school shall make available written forms designed to provide a full and detailed description of the incident and any other relevant information about the incident.
(b) A requirement that school district employees report in writing suspected incidents of harassment, intimidation or bullying to the appropriate school official and a description of appropriate disciplinary procedures for employees who fail to report suspected incidents that are known to the employee.
(c) A requirement that, at the beginning of each school year, school officials provide all pupils with a written copy of the rights, protections and support services available to a pupil who is an alleged victim of an incident reported pursuant to this paragraph.
(d) If an incident is reported pursuant to this paragraph, a requirement that school officials provide a pupil who is an alleged victim of the incident with a written copy of the rights, protections and support services available to that pupil.
(e) A formal process for the documentation of reported incidents of harassment, intimidation or bullying and for the confidentiality, maintenance and disposition of this documentation. School districts shall maintain documentation of all incidents reported pursuant to this paragraph for at least six years. The school shall not use that documentation to impose disciplinary action unless the appropriate school official has investigated and determined that the reported incidents of harassment, intimidation or bullying occurred. If a school provides documentation of reported incidents to persons other than school officials or law enforcement, all individually identifiable information shall be redacted.
(f) A formal process for the investigation by the appropriate school officials of suspected incidents of harassment, intimidation or bullying, including procedures for notifying the alleged victim on completion and disposition of the investigation.
(g) Disciplinary procedures for pupils who have admitted or been found to have committed incidents of harassment, intimidation or bullying.
(h) A procedure that sets forth consequences for submitting false reports of incidents of harassment, intimidation or bullying.
(i) Procedures designed to protect the health and safety of pupils who are physically harmed as the result of incidents of harassment, intimidation and bullying, including, if appropriate, procedures to contact emergency medical services or law enforcement agencies, or both.
Wednesday, May 2, 2012
Reminder of Upcoming Presentation: RIGHTS, ADVOCACY AND LAW
On May 10, 2012, Hope Kirsch, Esq. will be presenting with Wendy Shepherd, M.A. & P.I.:
Rights, Advocacy and Law: Empowering Families to Make Child-Related Decisions
This presentation is designed to help parents and mental health professionals better understand how to advocate for children in educational and other settings.
Time: 5:30 – 8 PM
Time: 5:30 – 8 PM
Location: 12753 N. Scottsdale Road, Scottsdale AZ 85254 (behind the JCC)
Dinner is available at $5 for non-members.
Subscribe to:
Posts (Atom)