Tennessee Disability Coalition News Blog

Today, nothing in Tennessee’s laws or education rules regulates the use of restraints and seclusion in school settings. As a result, it is possible that a student might be physically restrained or isolated for a long period of time without the family being notified. There are also no limits on the frequency or length of episodes of restraint/seclusion, or training requirements for school staff who use these practices.

So what do we mean by “restraint and seclusion?”

Seclusion: the confinement of a student alone in a room from which the student is prevented from leaving, NOT including time-out in a setting from which the student is NOT physically prevented from leaving.

Physical Restraint: the restriction of a student’s movement or action by the use of bodily force by one or more persons.

Mechanical Restraint: the use of a device or object that limits movement, NOT including protective or stabilizing devices as prescribed by a physician.

Chemical restraint: the administration of medication for the purpose of limiting a student’s freedom of movement or action

Fostering Change

A bill to establish guidelines and reporting requirements for restraint and seclusion was introduced in the TN legislature during the 2007 session, HB1186/SB1662. The bill did not pass, but a legislative study group has been set up to review these practices in TN schools.

The Disability Coalition on Education, DCE, is collecting stories and information from families whose children or youth with disabilities have experienced restraint and/or isolation at school.

If your child has been restrained or isolated, please fill out our online survey. If you have more than one child who has experienced restraint or seclusion, please fill out the survey separately for each child.

For paper copies of this survey or to be added to the DCE news distribution list, please contact holly lu at hlu1055@comcast.net or you can download the survey in MS Word format. Here it is.

You can fax your survery to DCE at (615) 248-5879 or mail it to the address below:

DCE
c/o The Arc of Tennessee
151 Athens Way, Suite 100
Nashville, TN 37228

 

Even if your family does not have firsthand experience with these practices, please let us know if you will help us make the case for this important bill by contacting your legislators or spreading the word about this campaign.

For any other questions related to this issue please contact holly lu at hlu1055@comcast.net.

Photo: Taken from a California report on restraint and seclusion which can be viewed at: http://www.pai-ca.org/pubs/702301.htm

 

On August 10 the State Board of Education will be presented with a final reading of proposed state rules for implementing IDEA 2004. Early drafts of those rules prompted concerns from many education advocates who spoke out for changes throughout the drafting process.

Led by the Disability Coalition on Education (DCE) the state has accepted several recommendations and changes that are going into the final rules to better protect our children’s rights. Below are excerpts of written comments submitted by DCE that were adopted by the state.

Recommendation accepted

We recommend that the current requirement for short term objectives for all students be retained 05020-1-9-.11 (2)(e) & (f). The elimination of short-term objectives for most students with IEPs contradicts No Child Left Behind’s emphasis on accountability. Short term objectives provide a roadmap for teachers, and give families guidelines on supporting student progress at home. While academic skills can be tracked against the general curriculum, there is no corresponding set of benchmarks for goals in areas such as independent living skills and behavior.

Recommendation accepted

We also recommend retention of 05029-1-9.11(2)(k) requiring a frequency for progress reporting which is at the least, equivalent to progress reporting for students without disabilities.

Recommendation accepted

Given the dismal national unemployment rate for adults with disabilities, coordinated, proactive transition planning is imperative. The sooner coordinated planning for adulthood begins, the more achievable those outcomes become. We recommend that current rule 05029-1-9.11(2) be retained, requiring transition activities at age 14 or, as in KY and NC, at entry into high school.

Recommendation accepted

Families chose to homeschool for their children for a variety of reasons. Few private school options exist for TN families of children with developmental disabilities who are dissatisfied with a proposed placement or program. Particularly for students with autism, parents may believe that an intensive home program is the only vehicle which ensures an appropriate education. We also believe it is unwise for an LEA to allow any students with disabilities to “fall off the radar screen.” Consequently, we oppose proposed 0520-1-0-.8 which excludes home schooled children from the definition of private school students.

Recommendation accepted

We are troubled that the current requirement to convene an IEP meeting within 10 schools days at the request of any team member, 0520-1-9-10(3), is not included in the proposed rules. This is a vital protection for families (and sometimes educators as well) who may be facing inaction or resistance from the school. We oppose replacing TN’s timelines with the vague federal standard of “reasonable time.” This substitution would allow unnecessary delays and undercut families’ role as key members of the IEP team.

Added language from due process reform bill

We look forward to the incorporation into rule of the due process reforms required by SB 907/HB 374. This bill’s focus on early conflict resolution through mediation and other strategies will result in the avoidance of costly litigation for both families and LEAs.

Removed provision allowing counsel member to be “counted twice”.

We find it ironic that one area where the proposed rules do add language to federal requirements is in relation to the membership of the state advisory council. IDEA is crystal-clear that a majority of council members must be parents and/or individuals with disabilities. The council is meant to be a voice for families. Family members must not be put in a position where there is even a perception of conflict between the interests of students with disabilities and an organization or agency which employs them. We oppose the proposed provision in 0520-1-0-.09(2)(f) which would allow an advisory council member to be “counted twice” for the purposes of membership. We endorse the establishment of term limits for council members, recognizing the benefit of an infusion of new ideas and current experiences. We support adding representatives from OSEP-funded parent centers and the advocacy community to the membership of the council.

For more information about DCE or the adoption of new state rules contact holly lu conant rees at hlu1055@comcast.net.

 

 

 

Due to the efforts of many families that repeatedly contacted legislators and attended legislative hearings in support of this bill, and the assistance of the Disability Coalition, The Special Education Due Process and Child Abuse Prevention Bill passed both houses and is awaiting the Governor’s signature.Rep. Rob Briley and Sen. Bill Ketron, the main sponsors, each see this bill as simply a first step to improving the way special education disputes are resolved and in leveling the relative resources of the parties to these disputes. They each spoke passionately to wanting to help families in their efforts to advocate for the needs of their children. Specifically, this bill does several important things:

• It prohibits the Department of Education, the State Board of Education, local boards of education and local education agencies (school districts) from hiring any individual who has committed abuse against a child or an adult or any individual who is listed on the sex offender’s registry. This provision will require each agency to submit the names of all potential employees to determine whether they have been identified as an abuser.

In regard to administrative complaints it:

• requires the Department of Education to set up a way for administrative complaints to be filed using the internet;
• allows the Department of Education to require the provision of compensatory education for substantive violations of IDEA, as well as procedural violations that result in a substantive denial of FAPE;
• requires that all violations and corrective measures taken will be published on the Department website

In regard to mediation and due process:

• all mediators will either be contracted by or employed by the Secretary of State’s office; all administrative law judges (ALJ) will be employees of the Secretary of State’s office;
• all training in special education law provided to mediators and ALJs will be conducted by the Tennessee Administrative Office of the Courts;
• final orders in due process cases must make a finding of who the prevailing party is on each issue in the case;
• all due process final decisions will be posted on the Department website
• attorneys representing either a school district or a child are not considered members of the IEP team.

The changes required by this bill are important for several reasons. Now that the Department can require a remedy of compensatory education in certain situations, families may be able to resolve their dispute through the administrative complaint process if they are unable to do so using a more informal process with their school district. Prior to this bill, the only way to accomplish this was through a due process litigation.  Moreover, prior to this bill, all mediators and administrative law judges were selected, trained and paid directly by the Department of Education. The timing of this legislation is equally important since the

Tennessee special education rules are currently being rewritten and subsequently adopted by the State Board of Education. This bill will require changes to the rules that were not initially addressed by the Department of Education which drafted the proposed rules.

– From contributor Joanne Bregman who you can contact with additional questions about the legislation

There is a very important education bill that is up for a possible vote in the House and Senate Education Committees this week. Representative Rob Briley is the house sponsor and Senator Bill Ketron is the senate sponsor so they are working hard on our children’s behalf and need your voices to be heard.

House Bill 374 does several things:

• It levels the playing field for parents in special education due process proceedings
• It emphasizes the use of early conflict resolution through mediation to avoid litigation
• It moves administrative law judges out of the Dept of Education so they will be more independent
• It requires the Dept of Education to write an annual report in plain English, available to all, that explains how each local school district is implementing IDEA
• It helps weed out and remove confirmed child abusers from working in schools


It is CRITICAL that contacts happen in the next three days. Please let friends, family and colleagues know about this issue so their voice can be heard as well. After contacting your legislator please send a note to Joanne at jbregman@bellsouth.net to let her know how you helped. You can also contact Joanne if you would like more information about the legislation.

Below is a simple note that constituents can customize and email or fax to the members of the subcommittee.

Dear Representative _____________

I am writing to ask you to support HB 374 – the special education due process and child abuse prevention bill. This bill provides much needed protection for students with disabilities, often the most vulnerable in our school systems, from confirmed child abusers. In addition, this bill would promote long-awaited and much needed reforms to due process proceedings in special education cases. These reforms grew out of recommendations that were made by the State Board of Education Due Process Task Force in 2002 and will ultimately save valuable education dollars.

Very truly yours,

Name, address, contact info