Know The Warning Signs for Aversives, Restraint and Seclusion
Know The Warning Signs for Aversives, Restraint and Seclusion for Persons with Developmental Disabilities
• Does your child display challenging behaviors?
• Does your child have the ability to communicate what happens during their day?
• Has your child come home with unexplained marks or bruises?
• Has your child’s school sent an incident report or correspondence regarding “safety restraints” or “time out room” being employed during your child’s day?
What You Can Do to Protect Your Child
If you have seen the warning signs that aversives, restraint or seclusion are being employed with your child at school it is important to know that in addition to the Procedural Safeguards at every initial PPT meeting in the State of Connecticut parents are required to receive parental notification of the law relating to the use of Seclusion and Restraint in Connecticut Public Schools. A copy of the parental notification trifold can be accessed at the link below.
http://www.sde.ct.gov/sde/lib/sde/pdf/pressroom/parental_notification_tri_fold.pdf
Monitor Your Child’s Program:
Review your child’s records, functional behavioral assessment, behavior intervention plan and/or treatment plan and any/all incident reports in your child’s permanent educational file. The file will be available for your inspection upon request or a copy may be obtained by way of the Federal Education Rights and Privacy Act FERPA on written request. Document your parental concerns in writing, including any necessary photographs if injury is involved.
Sign a No Consent Letter:
In Connecticut a parent must be notified within 24 hours of their child experiencing seclusion or restraint in a public school. A parent may be proactive by submitting a formal letter to the school administration refusing consent to seclusion/restraint and requesting positive behavioral interventions and supports be developed in order to avoid the use of seclusion and restraint. A no restraint sample letter can be found at: http://www.bridges4kids.org/IEP/NoRestraintLetter.html#top
Further information on this topic can be obtained at:
http://www.wrightslaw.com/info/abuse.index.htm Wrightslaw
http://www.pbis.org/seclusion/restraint/default.aspx Positive Behavioral Intervention Supports
http://ndrn.org/media/pr/0509ndrn2.htm National Disability Rights Network
http://ct.gov/.../testimony_2007/education_committee_2-20-07.pdf CT Office of Protection and Advocacy for Persons with Disabilities
http://ctcdd.org/2007/06/restraints_and_seclusion_in_sc.php Connecticut Council on Developmental Disabilities
www.ct.gov/sde Ct State Department of Education forms & publications, special education
Report Abusive Practices to State and Local Agencies:
Police Department (in your local area)
Department of Children and Families 1 (800) 842-2288
Office of Protection & Advocacy 1 (800) 842-7303
Office of the Child Advocate 1 (800) 994-0939
State Department of Education
Complaint Resolution 1 (860) 713-6910
CT Sexual Assault Crisis Services 1 (888) 999-5545 English
1 (888) 568-8332 Espanol
United States Department of Education
Office of Civil Rights – Boston, MA 1 (617) 289-0120
If you have witnessed the abuse of a child you have the right to call the police or the DCF hotline (open 24 hours daily). Any act you would call the police for regarding a child without disabilities applies the same for a child with disabilities. Any act of abuse witnessed within a school should be reported to the State Department of Education, Complaint Resolution Department listed above.
Disputes involving your child’s rights under (IDEA) Individuals with Disabilities Education Act, state special education regulations or school disciplinary laws and regulations may be addressed by way of an impartial due process hearing. Due process complaint requests are processed by the CT State Department of Education Complaint Resolution Department listed above.
Reporting to Federal Agencies – The Office of Civil Rights (OCR) in the United States Department of Education, Boston, Massachusetts: provides primary administrative enforcement for Section 504 of the Rehabilitation Act and ADA the Americans with Disabilities Act, the civil rights statutes which address discrimination with regard to equal access and reasonable accommodations which also apply to schools
Section 504 prohibits discrimination against persons with disabilities. A Section 504 violation would require showing that aversive techniques were used exclusively on children with disabilities engaging in certain behaviors while not being used with typical children engaging in the similar behaviors.
The ADA addresses equal access and accommodations in public places. An ADA violation would require showing that environmental modifications for a child with disabilities would have made a seclusion or restraint unnecessary and punitive.
All Office and Civil Rights and Impartial Due Process Hearing Decisions may be appealed in Federal Court.
Complaints under the Civil Rights of Institutionalized Persons Act (CRIPA) can be made to the Civil Rights Division of the U.S. Department of Justice (DOJ). CRIPA provides the DOJ with the authority to bring legal action against state and local governments for permitting dangerous conditions and unsafe practices which violate the civil rights of persons placed in publicly operated facilities. Department of Justice, Office of Civil Rights, Washington, D. C. Complaint Adjudication Officer (202) 514-2172
