Abuse Prevention Passes House Committee

Readers,

In a follow-up to yesterday's post, I'm sharing with you excerpts of the Congressional press release on the Preventing Harmful Restraint and Seclusion in Schools Act (H.R. 4227). This news is great news!!

To see Chairman Miller’s opening statement on video, visit: http://www.youtube.com/watch?v=dADmiyJNU34

To read the most recent markup page with the roll call votes, visit: http://edlabor.house.gov/markups/2010/02/preventing-harmful-restraint-a.shtml

WASHINGTON, D.C. – The House Education and Labor Committee today passed bipartisan legislation to make classrooms safer for students and school staff by preventing the misuse of restraint and seclusion. The Committee passed the Preventing Harmful Restraint and Seclusion in Schools Act (H.R. 4227) by a vote of 34 to 10.

A U.S. Government Accountability Office report released last spring exposed hundreds of cases of schoolchildren being abused as a result of inappropriate uses of restraint and seclusion, often involving untrained staff. In some cases, children died. A disproportionate number of these victims were students with disabilities. In some of the cases GAO investigated, ropes, duct tape, chairs with straps and bungee cords were used to restrain or isolate young children.

“This bill makes clear that there is no place in our schools for abuse and torture,” saidU.S. Rep. George Miller (D-CA), chairman of the House Education and Labor Committee. “The egregious abuse of a child should not be considered less criminal because it happens in a classroom -- it should be the opposite. I’m proud that this bill has bipartisan support and I hope the full House will vote on it soon.”...

... The Preventing Harmful Restraint and Seclusion in Schools Act will, for the first time, put in place minimum safety standards to prevent abusive restraint and seclusion in schools across the country, similar to protections already in place in medical and community based facilities. After two years, states will need to have their own policies in place to meet these minimum standards. It would apply to public schools, private schools and preschools receiving federal education support. Specifically the legislation would:

· Limit physical restraint and locked seclusion, allowing these interventions only when there is imminent danger of injury, and only when imposed by trained staff;

· Outlaw mechanical restraints, such as strapping kids to chairs, and prohibit restraints that restrict breathing;

· Require schools to notify parents after incidents when restraint or seclusion was used;

· Encourage states to provide support and training to better protect students and prevent the need for emergency behavioral interventions; and

· Increase transparency, oversight and enforcement tools to prevent future abuse.

The legislation embodies principles outlined by the Obama administration in December. It has the support of nearly 100 organizations, including the National School Boards Association, the National Education Association, and the American Federation of Teachers. See a full list of supporters here: http://edlabor.house.gov/blog/2010/01/supporters-of-the-preventing-h.shtml.

(End Excerpt)

For more information, please visit:

http://edlabor.house.gov

House Ed and Labor Committee Considers Abuse Legislation

Readers,

Related to DI's ongoing concerns about the use of restraint and seclusion with children with disabilities, I am sharing a guest blog written by Representative Joe Courtney for the House Education and Labor Committee's blog. Tomorrow, Thursday, February 4th, the House Education and Labor Committee considers legislation to protect children from harmful uses of restraint and seclusion in schools. For more information, visit: http://edlabor.house.gov/

Rep. Joe Courtney: Congress Must Make Schools Safe Havens for Children

(This is a guest blog post by Rep. Joe Courtney, Education and Labor Committee Member.)

In 1998, the Hartford Courant earned a Pulitzer Prize for a series of stories on the use of restraint and seclusion tactics on students with disabilities in treatment facilities. The tales of children who were injured, or in some cases, died, shocked parents and educators across the country. As a parent of two, I was among those who were horrified. While previous Congresses passed legislation to reduce this abuse in treatment facilities, no federal laws were ever created to protect children from dangerous physical restraint in schools.

In 2009, the House Committee on Education and Labor, of which I am a member, held hearings on the use of seclusion and restraint. The testimony we heard from various experts was disturbing and signaled that Congress must act expeditiously to end once and for all seclusion and restraint. The most powerful testimony came from parents whose children were killed or severely injured as a result of dangerous restraint techniques.

In response to those stories, and the countless cases in which children have been injured or died, Education and Labor Chairman George Miller introduced the Preventing Harmful Restraint and Seclusion in Schools Act. I am a proud cosponsor of this bipartisan bill, which I believe will accomplish a number of important goals.

The proposal wisely bans the use of chemical or mechanical restraint and will prohibit the use of physical restraint or seclusion as a disciplinary measure. As experts throughout the medical and educational field have testified, the use of these harsh methods of controlling a child must never be utilized unless an imminent danger to a child or staff exists. Furthermore, this legislation ensures accountability and transparency, requiring that parents and school officials be notified immediately when an incident occurs. The bill requires data collection when restraint techniques are used to ensure that incidents are recorded and later used to establish best practices. We must continue to promote training for staff, and this valuable information will increase awareness to avoid future tragedies.

Tomorrow, the Committee will consider the Preventing Harmful Restraint and Seclusion in Schools Act. I look forward to working with Chairman Miller and my colleagues on the Committee to pass this legislation and to ensure that our schools are safe havens for children and staff.

Seclusion and Restraint Survey

The Alliance to Prevent Restraint, Aversive Interventions and Seclusion (APRAIS), a coalition of 17 national disability advocacy organizations, is conducting a survey of parents and guardians. Responses must be entered by October 12.

The survey investigates the extent to which restraint, seclusion and aversive procedures have been used with students with disabilities and special needs in public or private schools or in residential facilities. Plan 5-10 minutes to complete the survey.

To participate, go to: http://www.lifewithoutlimits.org/site/R?i=85dfJ8h0Hg1tmk8EVATKtw..

Abuse Cited as Cause for Murder-Suicide

OAKLAND— Diana Harden, age 64, fatally shot her daughter Yvette, age 43, and then herself Sunday night at Oakland Springs Health Center in Oakland, California. Yvette resided at the skilled nursing facility for 6 years, after being serious injured in a car accident that left her with a traumatic brain injury and quadriplegia 15 years earlier. Prior to residing at Oakland Springs Health Center, Yvette had lived briefly at home and then in a series of nursing facilities.

According to a letter Diana Harden sent to the Oakland ABC news channel ABC 7 prior to the shootings, her daughter had begged her to end her life due to unremitting abuse she suffered at the facility. The local news channel checked state records and found 54 complaints against the nursing home last year, 29 of them substantiated. Pat McGinnis of California Advocates for Nursing Home Reform, said, "If nothing else, let's heed this mother's cry and say 'let's do something not just about the people that are in nursing homes, but let's do something about keeping people out of nursing homes in the first place.” Police continue to investigate.

SOURCES:
Mother’s Letter Explains Murder-Suicide
http://abclocal.go.com/kgo/story?section=news/iteam&id=7014866
Murder Suicide at Oakland Nursing Home
http://www.mercurynews.com/breaking-news/ci_13333239
Mother kills disabled daughter, self in apparent murder-suicide at Oakland nursing home
http://www.latimes.com/news/nationworld/nation/wire/sns-ap-us-nursing-home-murder-suicide,0,5577715.story

Disability "Fight Club" Perpetrator Convicted

TEXAS-- This week, a jury found Jesse Salazar, age 25 of intentionally causing injury to person with disability for hi role in a “Fight Club” formed at a Corpus Christi, Texas state school. Salazar and others forced State school residents to fight each other while recording the fights on their cell phones. The “Fight Club” continued unreported for a year.

A total of six state school employees, all of whom have since been fired, are charged in the case. Two former employees, Vincent Johnson and D'Angelo Riley pled guilty to causing injury to persons with disabilities, and another employee goes on trial next week for failing to intervene.

The Texas Department of Aging and Disability Services (DADS) is responsible for overseeing the Corpus Christi State School and other state run schools. DADS has been under fire and under investigation are number of instances of abuse and neglect in the state school system. Laura Albrecht, spokesperson DADS says, "We have taken the appropriate action to send a message to Corpus Christi and the other facilities that abuse and neglect of residents will not be tolerated."

SOURCES:
'Fight Club' Perpetrator Convicted of Injuring Mentally Disabled State Residents http://abcnews.go.com/Blotter/story?id=8323288&page=1
1st trial to start in Texas `fight club' case
http://www.google.com/hostednews/ap/article/ALeqM5hIewycyiHqBgHGCbHc-amSumwQfwD9A03TKO1

Kids with Disabilities Disproportionately Punished

Schools disproportionately use corporal punishment with students with disabilities, according to a joint report from Human Rights Watch and the American Civil Liberties Union titled, "Impairing Education". According to the report, public schools used corporal punishment with about 19% of public school students with disabilities during the 2006-2007 academic year, although these students make up only 14% of the total population.

Although some instances of corporal punishment were unrelated to the child’s disability, the report found that some schools punished some students for “conduct related to their disabilities, including students with Tourette syndrome being punished for exhibiting involuntary tics and students with autism being punished for repetitive behaviors”, according to the ACLU website.

Although most states have laws prohibiting corporal punishment in schools, 20 states permit it, including Alabama, Arizona, Arkansas, Colorado, Florida, Georgia, Idaho, Indiana, Kansas, Kentucky, Louisiana, Mississippi, Missouri, New Mexico, North Carolina, Oklahoma, South Carolina, Tennessee, Texas, and Wyoming. However, some school districts in these states do ban corporal punishment.

Community and individual reactions to proposed bans vary widely, from full support to support for continued use of physical punishment. It is likely that personal experiences and fears about school violence play a role in the varied perspectives. Clearly with or without bans, school personnel need more training in anger management, behavior modification, about disabilities, and the symptoms of various medical conditions.

SOURCE:
http://www.nytimes.com/2009/08/11/education/11punish.html?_r=1&ref=education

RELATED:
American Civil Liberties Union Children’s Rights Section:
http://www.aclu.org/intlhumanrights/childrensrights/40676prs20090810.html
Human Rights Watch, “Impairing Education”
http://www.hrw.org/en/node/84946/section/2

New Action on Seclusion and Restraint Abuses

PRESS RELEASE REPRINT FROM THE EDUCATION & LABOR COMMITTEE
Congressman George Miller, Chairman:

Secretary Duncan Takes Critical Step to Keep Schoolchildren Safe
Chairman Miller is developing legislation to address seclusion and restraint in nation’s schools

WASHINGTON, D.C. – Late last week, U.S. Secretary of Education Arne Duncan sent a letter to state school chiefs asking them to formally submit their policies on seclusion and restraint in schools, as part of larger efforts to prevent abusive uses of these practices in the nation’s classrooms.

A recent Government Accountability Office [investigation], conducted at the request of U.S. Rep. George Miller (D-CA), the chairman of the House Education and Labor Committee, uncovered hundreds of allegations of abusive uses of seclusion and restraint practices on schoolchildren over the past two decades. In several of those cases, this abuse resulted in the death of a child.

“Secretary Duncan is committed to ensuring all children, in every single school in this country, is safe and protected,” said Miller, who is working to develop legislation that would address seclusion and restraint in U.S. schools. “We need to do everything we can to protect schoolchildren from abusive, torturous, and – in some cases – deadly uses of seclusion and restraint and to stop these horrific abuses from going unchecked."

Unlike in hospitals, other health care facilities and non-medical community-based facilities that receive federal funding, there are currently no federal laws that restrict the use of seclusion and restraint in public or private schools. State regulation and oversight varies greatly. Nineteen states have no laws governing the appropriate use of seclusion or restraint in schools.

GAO REPORT: http://edlabor.house.gov/newsroom/2009/05/gao-report-finds-hundreds-of-a.shtml

PRESS OFFICE CONTACT: 202-226-0853

RELATED:
http://edlabor.house.gov
http://www.twitter.com/edlabordems
http://www.facebook.com/EdLaborCommittee

Parade Mag Story on Seclusion and Restraint Abuse

FROM THE AUTHOR-- Mike Kruger, Online Outreach Specialist for the House Committee on Education and Labor, sent me an email this morning about an important story running now in Parade Magazine on the use  of seclusion and restraint on children with disabilities and others-- a previous blog topic here on DI (http://disabilityintel.blogspot.com/2009/01/school-seclusion-and-restraint-abuse.html)

Parade Magazine has a print circulation of 30 million readers, so about 10% of America will be exposed to the issue! After you read the article in print or online, you can comment online, and I encourage you to do so. Please see the story at: http://www.parade.com/news/intelligence-report/archive/090726-should-schools-use-restraints-on-students.html 

The House Committee on Education and Labor has a blog post about the Parade story and some of the progress Committee Chairman Miller has made on the issue of seclusion and restraint. It's also a great article, please be sure to read it and respond, also: http://edlabor.house.gov/blog/2009/07/news-of-the-day-should-schools.shtml

We can make a difference through our blog comments!

Girl who had Quadriplegia Died by Neglect

MICHINGAN— Michigan police located Shylae Thomas, a 9-year-old girl with quadriplegia due to a brain injury in infancy, dead in a storage facility earlier this week. Shylae was the adopted (familial) daughter of Lorrie M. Thomas, now charged with second-degree murder, second-degree child abuse, tampering with evidence, welfare fraud and other charges. Evidence shows Shylae died about six weeks ago, and her death was ruled “homicide from neglect” by the local medical examiner.
** Articles and video do not use person-first language**

SOURCES:
“Disabled 9-year-old found dead in MI storage unit”http://www.14wfie.com/Global/story.asp?S=10232916&nav=menu54_2
“Shylae Thomas' mother to face second degree murder, other charges”
http://www.mlive.com/news/flint/index.ssf/2009/04/shylae_thomas_mother_to_faces.htm
RELATED:
Associated Press/You Tube Video: Quadriplegic Girl Found Dead
http://www.youtube.com/watch?v=Jt4somInSVY

School Seclusion and Restraint Abuse Reported

WASHINGTON, PRNewswire—

The National Disability Rights Network (NDRN) released a troubling report on the use of seclusion and restraint with students with disabilities in U.S. schools. Seclusion and restraint tactics are associated with physical and emotional injury and even death. According to the report, some school have isolated student in locked rooms or boxes; 41% of the states/territories shown in red on the map above have “no laws, policies or guidelines concerning restraint or seclusion use in schools".

In a Capitol Hill press conference, NDRN and Senator Chris Dodd (D-CT) outlined specific and severe cases of abuse, noting that inconsistent state laws and a lack of oversight for allegations of abuse are contributing factors. NDRN also called for the incoming Obama administration and 111th Congress to ban the use of prone restraint and seclusion under federal law. The group is also calling for a national summit to devise plans to implement these bans and encourage the use of evidence-based positive behavioral supports.

Rep. George Miller (D-CA), who chairs House Education and Labor Committee said, "Our committee will hold a hearing to look at how we can address and hopefully end these horrific acts." Advocates are calling on the Obama administration and Congress to address the issue by banning seclusion and restraint. The NDRN report includes recommendations for local school districts and state legislatures. The full report, “School Is Not Supposed to Hurt” is available at http://www.NDRN.org.

SOURCES: National Disability Rights Network Releases Shocking Report on Seclusion & Restraint in U.S. Schools http://sev.prnewswire.com/education/20090113/PH5848313012009-1.html The National Disability Rights Network http://www.ndrn.org/ http://www.ndrn.org/sr/SR-Report.pdf

Texas State School Deaths Spark Protests

AUSTIN, Texas— Protesters gathered at a Texas Department of Aging and Disability Services (DADS) board meeting yesterday to demonstrate against alleged mistreatment of state school residents who have disabilities, including intellectual disabilities. Wearing shirts with the number 53 on them and chanting “Shame on you” and “53 deaths on your watch”, the protesters disrupted the meeting for about 10 minutes, until security personnel escorted them out. The protesters belong to an Community Now, an advocacy group. According to the Austin-American Statement, “A federal Department of Justice report released last week found at least 53 patients in Texas' large residential facilities died in 2007 from preventable conditions that were often the result of lapses in care.” Since 2004, the state has terminated or suspended over 800 employees for mistreating consumers.

SOURCES:

Protesters disrupt meeting about Texas' state schools for the disabled.

http://www.dallasnews.com/sharedcontent/dws/news/texassouthwest/stories/DN-stateschools_11tex.ART.State.Edition1.4ac8359.html

Protesters disrupt state meeting

http://www.chron.com/disp/story.mpl/ap/tx/6157643.html

Protesters disrupt state council meeting, angry about conditions at state schools

http://www.statesman.com/blogs/content/shared-gen/blogs/austin/politics/entries/2008/12/10/protesters_disrupt_state_counc.html

(INCLUDES VIDEO of Protest)

RELATED:

http://www.offthekuff.com/mt/archives/009890.html

http://www.dallasnews.com/sharedcontent/dws/news/texassouthwest/stories/DN-stateschools_25tex.ART.State.Edition2.42b6d15.html

http://www.houstonpress.com/2008-07-31/news/texas-woman-fights-abuse-at-the-state-s-schools-for-the-mentally-retarded/