Chairman Tom Harkin Introduces Keeping All Students Safe Act
COPAA Continues Work to Raise the Bar of Protection
December 16, 2011
We are pleased to announce the introduction of the Keeping All Students Safe Act in the Senate by Chairman Tom Harkin this afternoon. We sincerely thank Chairman Harkin for his unwavering commitment to the safety and welfare of our nation’s children. This bill would promote the development of effective intervention and prevention practices that do not impose restraints and seclusion; protect all students from physical or mental abuse, aversive behavioral interventions that compromise health and safety, and any restraint imposed for purposes of coercion, discipline or convenience, or as a substitute for appropriate educational or positive behavioral interventions and supports. Importantly the bill also works to ensure the safety of all students and school personnel and promote positive school culture and climate.
For years, schools’ use of restraint, seclusion, and aversive interventions was unpublicized and little-known, despite their widespread use. However, recent reports by COPAA and the National Disability Rights Network (NDRN), and Congressional testimony of the U.S. General Accounting Office have served to shine a spotlight on these abusive practices. See e.g., Unsafe in the Schoolhouse: Abuse of Children with Disabilities, COPAA (Jessica Butler, 2009); School is Not Supposed to Hurt: Investigative Report on Abusive Restraint and Seclusion in Schools, NDRN (2009); Seclusions and Restraints: Selected Cases of Death and Abuse at Public and Private Schools and Treatment Centers (GAO-09-719T). This bill recognizes that “physical restraint and seclusion have resulted in physical injury, psychological trauma, and death to children in public and private schools,” as described in these reports. Existing laws alone have not protected students against such abuse and injury, though many do offer important protections. The bill, therefore, includes a critically important savings clause that preserves existing additional rights under state and federal law.
COPAA is a national organization of parents, advocates and attorneys dedicated to protecting the civil and educational rights of children with disabilities, whose members represent families in 48 States and the District of Columbia. As such, COPAA believes this legislation is a crucial first step toward the ultimate goals of eliminating abuse and restraint in schools and assuring that children who exhibit challenging behaviors obtain appropriate, safe, and effective educational services. COPAA is at the forefront of efforts to establish such federal protection and has been working on this issue for a number of years as a member of the Alliance to Prevent Restraint, Aversive Interventions and Seclusion (APRAIS), and the Consortium for Citizens with Disabilities (CCD).
Specifically, COPAA supports the bill because it contains many provisions that provide a minimum floor of protection that does not yet exist in many states. We are pleased that the bill establishes minimum standards for the use of restraint and prohibits locked seclusion in educational settings. Restraint may only be imposed on a student if there is imminent danger of serious bodily injury. We are very pleased that the bill prohibits restraint as a planned intervention in students’ education plans, including behavior plans and Individual Education Programs (IEPs). We applaud the emphasis on evidence-based practices shown to be effective in the prevention of the use of physical restraint; in keeping both school personnel and students safe in imposing physical restraint in a manner consistent with this proposed Act; in the use of data-based decision-making and evidence-based positive behavioral interventions and supports, debriefing, conflict prevention, behavioral assessments, de-escalation of challenging behaviors, and effective and safe conflict management.
COPAA actively continues our work to raise the bar of protection and safety for all students through the passage of this legislation. We will not rest until all students are protected in accordance with the principles outlined in our document: COPAA Declaration of Principles Opposing the Use of Restraint, Seclusion and Aversive Interventions.
We urge all of our colleagues to join us in support of this critical legislation at http://www.surveymonkey.com/s/KeepingAllStudentsSafeAct
COPAA Letter of Support for S 2020
February 20th, 2012 at 10:40 pm
My daughter has Cerebral Palsy with multiple physical challenges, has an IEP, and attends a public high school in Louisiana. Per her IEP, her child specific was to be with her at all times. However, the principal who is quick to tell you that she is an attorney and “I make the rules around here.” would constantly pull the child specific to do additional duties, such as subbing; the child specific was to take notes for my child in classes, however the child specific was told to take her lunch when my daughter was in class, and then bring my child to a class, then go report for lunch duty. When I complained to central office and the SpEd Director for the Parish, the principal removed the child specific who was doing an excellent job and replaced her with one that does very little other than constantly complain. My daughter uses a walker because it is so difficult for her to walk. Yet, rather than put all of my child’s classes on the first floor, this principal (who makes the students’ schedules) made her go upstairs every single day at least once. Last year, she had to go upstairs,then downstairs for a class, then back upstairs, and then down. Keep in mind, her child specific had to make sure my daughter was grasping the rail, then the child specific would bring Courtney’s back pack upstairs, go down for the walker to bring that up, then go down to help my child. The child specific who was excellent had been with my daughter from Aug. 2008 until Jan. 2012 when the principal learned about my emails to the superiors because the principal refused to listen to my concerns and refused to follow the IEP. In Jan. 2012, the principal happened to see my daughter sharing a sandwich with her Child Specific (they’ve been together since 2008 and I still trust the Child Specific completely). The principal told the Child Specific to get in the hall. Then, in front of my daughter, the principal berated the child specific (complete with wagging a finger in the Child Specific’s face) and accused her of going off campus to buy a sandwich. The Child Specific told the principal that she had bought the sandwich the night before and even offered to get the receipt, to which the principal responded ‘if …does not bring anything for lunch, make her (referring to my daughter) go hungry, that’s her mom’s problem.” My daughter was not the only child who witnessed this. Obviously, my daughter was extremely upset. Not long after, the principal had the Asst. Principal call the Child Specific (who was absolutely excellent) down to her office and told her she would no longer be with my child (although this child specific was hired to be with my child back in 2008). When the Child specific asked her why – the Asst. Principal told her…”" the principal told me to do this and I do not ask questions.” Now, we have a child specific and principal whom we feel we cannot trust especially for my child’s health and safety. The new child specific as I mentioned does not take notes and constantly complains. My daughter’s health has gotten worst and she is now suffering from depression and anxiety. Where we had a Child Specific who was very supportive in my child’s academic and emotional well being, we now have people (school administration and new child specific) who could care less. After emailing the SpEd Director, the Compliance officer, and the person who is supposed to be the direct boss over this principal, I received an email….the principal can meet with you this Friday morning at 10. I thought I was going to die! Here we are right back at square 1. Then, I received an email from the principal saying she could meet Friday at 10 and …”all you had to do was call or email me if you had any concerns.” What an absolute joke! I had been doing that for 2 1/2 years and things only get worst and she does not even have the professional courtesy of responding back until just now (late Jan. 2012) with this email. I emailed the principal and the others and requested someone there to take minutes and that the minutes be distributed to those in the email. When I went to the meeting, I asked who was taking minutes. The Asst. Principal said she was. I thought you have got to be kidding. When I followed up asking for the minutes and that they be sent to the School District folks who were in my emails – I received an email from the principal (with a cc to her direct supv)attaching the Asst. Principal’s “notes” which look like ramblings and do not contain a lot of things and the principal told me to send them to whoever I want, and she also wanted to let me know that one of the folks who I had been emailing is not her direct supv. although he was back in Dec. when I was emailing and complaining to central office and the compliance office. I apologize for the long email. My daughter’s health has gotten worst. I am in the doctor’s office a couple times a week. She is on prozac now. I have a heart condition, and I can tell you the stress this school has caused is beyond description. I haven’t given up this fight, but I shudder to think of those children whose parents just get sick of the BS. For the last month (when my daughter had fallen at home) she can go to her classes that are downstairs, but for Science and Art, she is put into a computer lab and told to get assignments from the eBoard. I email and fax the school for missed assignments to be collected so i can pick them up. The minimum number of times I have to contact them is 4 times. I got a response from one teacher. I have heard that the principal has said “I make the rules around here. If that parent has a problem, let her come try to battle with me.” Parents should not have to battle a school to follow an IEP. It makes me sick to my stomach thinking this is a public school where a principal is breaking the law – what kind of message is she sending to those who work or attend that school? Why is that allowed? I pray that principals are not given more power and control over their particular schools. As I said, I have not given up this fight. I know I need help fighting this battle and came across this website. If you have any suggestions, I sure would appreciate it.