Re: Please consider atttending! NY State Hearings on Aversives

[Guest guest]

The specifics on the meetings are on the VESID website.

http://www.vesid.nysed.gov/specialed/behavioral/publichearing.htm

New York City: Monday, August 14, 2006

Time: 2:00 pm - 7:00 pm

Location:Adam Clayton Jr. State Office Building

163 West 125th Street

2nd Floor Art Gallery

New York, New York 10027

Directions and subway information at:

http://harlemonestop.com/organization.php?id=89

Syracuse: Tuesday, August 15, 2006

Time: 3:00 pm - 7:00 pm

Location: Dr. King Elementary School

416 E. Raynor Avenue

Syracuse, New York 13202

Directions at:

http://maps.google.com/maps?oi=map & q=416+E.+Raynor+Ave.+Syracuse+NY

I hope to see you there (Syracuse)!

B

Mom to Heidi 16 (DS), Caleb 15 (NDA),

Corrie 14 (DS) and Mae 10 (DS)

God Bless America!

One Nation Under God.

[TASHUpdate] NY Hearings on Aversives

Dear NY TASH members,

I am writing to encourage you to attend the hearings being held by

VESID on the proposed amendments to the Rules of the Board of

Regents and the Regulations of the Commissioner of Ed relating to

behavioral interventions. I attended yesterday's session in Albany

with Fredda Brown and Oliva. The three of us and perhaps 6

more individuals were supporting the efforts of the Board to stop

the use of aversive treatments and promote the use of PBS. This

experience was a very sad one for me; the issue of aversives has

been clearly resolved for me and my colleagues. Additionally, there

was a very large representation by JRC. Matt Israel and many of his

employees testified along with at least 5 parents who support the

practices used at JRC. I am extremely concerned that the remaining

two hearings being held in NY (i.e., NYC on August 14th and August

15th in Syracuse) will have the same overrepresentation by

individuals associated with programs that promote the use of

aversives. The Albany meeting did not have any students from any of

the institutions of higher education in the Capitol District that

train special education teachers nor were there any faculty from

these institutions. I do hope that my fellow TASH members who are

in the NYC and Syracuse areas will hear my plea and attend the

remaining meetings in force. The battle against aversives is alive

and well in NY and needs for the " good guys " to rejoin the force and

remember that this is a fight for the individuals we all support and

those who count on us to speak for them when they are unable. I

have not lived in NYS in a very long time and I attended.where are

all the TASH New Yorkers?

Even if you cannot attend the hearings you can submit written

comments to Dr. Cort, VESID, Room 1606, One Commerce

Plaza,Albany, Ny 12234 by August 28, 2006. Please do not lose track

of what TASH is all about and let your voice be heard.

Thanks,

Lori Noto

There will be public hearings in New York State on regulations regarding

time out and aversives in schools in the next few weeks. Hearings will be

held

in Albany, Syracuse and New York City (see details below).

Please spread the word -- it would be great to get some TASH folks there as

these hearings will surely be well-attended by JRC parents singing the

praises of the Judge Rotenberg Center and the use of contingent electric

shock and

other aversive procedures.

The following is from the slaw web site:

_http://www.wrightslhttp://www.whttp://wwhttp://wwhtt_

(http://www.wrightslaw.com/news/06/abuse.nys.regs.htm)

Call to Action: NYS Regs Allow Schools to Use " Aversive Interventions " on

Children - Including Electric Shock

In June, the New York Board of Regents approved " emergency regulations " that

permit public schools to use aversive behavioral interventions and time-out

rooms as consequences for behavior of children with disabilities. These

regulations went into effect on June 23, 2006.

Download the regulations:

_http://www.regents.http://wwwhttp://www.rehttp://wwhttp://www.regenhtt_

(http://www.regents.nysed.gov/2006Meetings/June2006/0606emscvesida1.htm)

Note that Regulation 200.22(e) describes " child-specific exception to use of

aversive behavioral interventions to reduce or modify student behaviors. "

(pages 12-14 of print document)

Public hearings and a public comment period are scheduled for August. By

declaring them " emergency regulations,Public hearings and a public comment

period are scheduled for August. By declaring them " emergency regulations

In September, the Board of Regents will vote and decide whether to make

these regulations permanent.

" Humane and Dignified Treatment "

The regulations state that a program that uses aversive behavioral

interventions on a child " shall provide for the humane and dignified

treatment of the

student and for the development of such student's full potential at all

times. "

" The program shall promote respect for the student's personal dignity and

right to privacy and shall not employ the use of threats of harm, ridicule

or

humiliation, nor implement behavioral interventions in a manner that shows a

lack of respect for basic human needs and rights. "

How can a program that may include electric shock, punching, strangling,

withholding sleep, shelter, bedding, bathroom facilities, clothing,

withholding

meals, limiting essential nutrition or hydration " promote respect for

personal dignity and right to privacy " ?

Time-Out Rooms

The regulation about time-out rooms is at Section 200.22© (see pages 11-12

of the print regulations)The regulation about time-out rooms is at Section

200.22© (see pages 11-12 of the print regulations)<WBR>. Although the

state

department of education (NYSED) has recei

Here are three examples of time-out room abuses:

* A special education student was punished on twenty-two occasions by being

placed in a small locked room with no supervision. On one occasion, the

student was found on the floor of the room after having suffered an apparent

seizure.

* A child clawed his fingers bloody trying to get out of a time room.

* A young child with autism who was " included " in a regular classroom was

thrown into a time-out room when he couldn't sit down and do his assigned

work

quietly. The school district had not performed a Functional Behavior

Assessmentand had not developed a Behavior Intervention Plan, as required by

law.

Federal Regulations: The training manual of the U. S. Department of Health

and Human Services Substance Abuse and Mental Health Services (SAMSHA)

states

that restraints and seclusion/time out rooms often lead to " trauma, injury

and death. " The position of this federal agency is that restraints and

seclusion to treat individuals with mental illness should be eliminated.

Federal regulations (see below - 42 CFR Ch. IV Subpart G) for youth aged 21

or younger who are in inpatient psychiatric facilities or psychiatric

residential treatment facilities state, " Each resident has the right to be

free from

restraint or seclusion, of any form, used as a means of coercion,

discipline, convenience, or retaliation.Federal regulations (see below - 42

CFR Ch. IV

Subpart G) for youth aged 21 or younger who are in inpatient psychia

Genuine Safety Emergencies

Federal regulations state that restraint and seclusion can only be used for

genuine safety emergencies, and that the restraint or seclusion must be

terminated as soon as the emergency subsides.

New York's new regulations allow schools to plan to use restraints and

time-out rooms for non-emergency situations. The regulations do not limit

how long

a child can be put in restraint or a time-out room.

Restraints & Time Out Rooms Should Never Be Used as Punishment

Federal regulations and the policies of all major mental health commissions

and agencies state that restraint and seclusion should NEVER be used as

punishment.

The New York department of education takes the opposite position and allows

schools to use restraint and seclusion/time out rooms as punishment.

Public Hearings and Comments

Three public hearings have been scheduled:

Albany on Tuesday, August 8

New York City on Monday, August 14

Syracuse on Tuesday, August 15

The New York State Department of Education will accept public comments until

August 28, 2006. Please send your comments to:

Dr. H. Cort, Deputy Commissioner

Office of Vocational and Educational Services for Individuals with

Disabilities

Room 1606, One Commerce Plaza

Albany, New York 12234

Or by email: _vesidspe@...@_ (mailto:vesidspe@...)

Attention (or Subject line): Comments: Behavioral Intervention Regulations

For information about providing testimony and/or comments, please go to:

_http://www.vesid.http://wwwhttp://wwwhttp://www.http://www.veshtt_

(http://www.vesid.nysed.gov/specialed/behavioral/publichearing.htm)

Download the regulations from

_http://www.regents.http://wwwhttp://www.rehttp://wwhttp://www.regenhtt_

(http://www.regents.nysed.gov/2006Meetings/June2006/0606emscvesida1.htm)

Recommended actions:

1. Print and study the regulations. Print these regulations. The regulations

are confusing and difficult to follow if you try read them on a computer

screen. For example, the regulations state that aversive interventions are

not

permitted, until you read " child specific exceptions " in Section 200.22(e).

2. Write to your policymakers, legislators, and the media. Write a letter to

your Regent if you are a New York State resident (see below) AND to the New

York State Education Department to express your opinion about the proposed

regulations. Before you write that letter, you need to do some homework.

Contact Your Regent: _http://www.regents.http://wwwhttp://www_

(http://www.regents.nysed.gov/terms.html)

Send copies of your letters to your state assembly member, state senator,

Member of Congress, and your Senators.

Contact your Assembly member: _http://assembly.http://ashtt_

(http://assembly.state.ny.us/)

Contact your State Senator:

_http://www.senate.http://wwhttp://www.senathttp://www.senahttp://w_

(http://www.senate.state.ny.us/senatehomepage.nsf/senators?OpenForm)

Contact your Member of Congress: _http://www.house.http://www.ho_

(http://www.house.gov/writerep/)

Contact Your Senators: Hillary Rodham Clinton and E. Schumer

Send a copy of your letter to your local newspaper.

List of New York Newspapers: _http://newslink.http://newshttp_

(http://newslink.org/nynews.html)

The more people who write to their Regents, Assembly members, State

Senators, Representatives, Senators, and newspapers, the more likely it is

that your

voice will be heard.

3. Provide testimony at one of the scheduled hearings. When you provide oral

testimony, be sure to provide your testimony in written form at the same

time.

Read the State's notice on how to provide feedback and deadlines.

_http://www.vesid.http://wwwhttp://wwwhttp://www.http://www.veshtt_

(http://www.vesid.nysed.gov/specialed/behavioral/publichearing.htm)

4. Get the Word Out. Please forward this to email lists, parent groups,

PTAs, SEPTA groups, and individuals who are involved in educating children

with

disabilities.

Scheduled Hearings:

Albany: Tuesday, August 8, 2006

Time: 3:00 pm - 7:00 PM

Location:Capital Region BOCES

Administrative Board Room

1031 Watervliet Shaker Road

Albany, New York 12205

Directions at:

_http://www.capregbohttp://www.caprehttp://www.caprehttp://wwhtt_

(http://www.capregboces.org/directions/DirectionstoCentAdmin.htm)

Please note: you should enter the Administration Bldg by the entrance near

the flagpole.

New York City: Monday, August 14, 2006

Time: 2:00 PM - 7:00 PM

Location:Adam Clayton Jr. State Office Building

163 West 125th Street

2nd Floor Art Gallery

New York, New York 10027

Directions and subway information at:

_http://harlemonestohttp://harlemonehttp://harht_

(http://harlemonestop.com/organization.php?id=89)

Syracuse: Tuesday, August 15, 2006

Time: 3:00 PM - 7:00 PM

Location:Dr. King Elementary School

416 E. Raynor Avenue

Syracuse, New York 13202

Directions at:

_http://maps.http://mapshttp://maps & <WBR>q=41<WBR>q=416+<WBR>q=416<W_

(http://maps.google.com/maps?oi=map & q=416+E.+Raynor+Ave.+Syracuse+NY)

Format of the public hearing

Preregistration is not required. However, if you require special

accommodations

such as a sign language interpreter, you must notify Carol Northrup by

e-mail at _cnorthru@...@_ (mailto:cnorthru@...) or by

telephone at 518-473-2878 no later than

August 3, 2006.

NOTE: You must bring photo identification, obtain and wear a visitor badge

and follow sign-in procedures, which may include a security scanning, as

required at the door.

All individuals seeking to provide oral comment must so indicate upon

registration at the site of the hearing. VESID requests, but does not

require,

that individuals wishing to make oral comments at the public hearing also

provide comment in written format. Sites open 30 minutes prior to the start

of the meeting. Individuals wishing to provide oral comment are encouraged

to arrive early.

The rules of public hearings will be reviewed and a brief summary of

the proposed regulations will be provided.

There is also a written comment period:

Written comment will be accepted until August 28, 2006 and should

be directed to:

Dr. H. Cort

Deputy Commissioner

Office of Vocational and Educational Services for Individuals with

Disabilities

Room 1606, One Commerce Plaza

Albany, New York 12234

Or by email: _vesidspe@...@_ (mailto:vesidspe@...)

Attention: Comments: Behavioral Intervention Regulations

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