copaa releases report detailing 143 incidents of averse interventions in school programs

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COPAA RELEASES REPORT DETAILING 143 INCIDENTS OF AVERSIVE INTERVENTIONS IN

SCHOOL PROGRAMS:

In Majority of Cases, Parents Had Not Consented, Schools Did Not Provide

Comprehensive Positive Behavioral Intervention Plans

May 5, 2009

The Council of Parent Attorneys and Advocates, Inc. (COPAA) today released a

report asking Congress to stop the use of restraints, seclusion, and

aversives upon children with disabilities in school. The report entitled,

Unsafe in the Schoolhouse: Abuse of Children with Disabilities, details 143

incidents of the use of abusive interventions against children with

disabilities in school. The report also includes suggested legislative

remedies.

The Council of Parent Attorneys and Advocates (COPAA) is a national

nonprofit organization of parents, advocates, and attorneys who work to

protect the civil rights of children with disabilities and ensure that they

receive appropriate educational services. We have over 1200 members in 47

states and the District of Columbia. Our members see the successes and

failures of special education through thousands of eyes, every day of every

year.

No child should be subject to abuse in the guise of education. Every child's

dignity and human rights must be respected. Abusive interventions are

neither educational nor effective. They are dangerous and unjust. Congress

should act swiftly to adopt national legislation to protect children with

disabilities. Thirty miles and a state border should not determine whether

a child receives comprehensive protection or little protection.

In March-April 2009, we conducted a survey that identified 143 cases in

which children were subjected to aversive interventions. We received

reports of children subject to prone restraints; injured by larger adults

who restrained them; tied, taped and trapped in chairs and equipment; forced

into locked seclusion rooms; made to endure pain, humiliation and deprived

of basic necessities, and subjected to a variety of other abusive

techniques. The most recent report involved events revealed only in the

last month: a father learned that his 8 year old son was restrained 60

times over a 9-10 month period.

Of the survey respondents, 71% had not consented to the use of aversive

interventions; 16% had, but many believed the interventions would only be

used in limited circumstances where there was an imminent threat of injury.

Moreover, 71% reported that the children in involved did not have a

research-based positive behavioral intervention plans; 10% did (but the

parents often said that the plan was not followed). 84% of children

restrained were under 14 years of age, with 53% aged 6-10.

The use of abusive interventions primarily occurred in segregated

disability-only classrooms or in private seclusion rooms, away from the eyes

of witnesses, with only 26% of the respondents reporting incidents in the

regular classroom. Almost every disability category was represented:

Autism/Asperger's Syndrome (cited by 68% of the survey respondents),

ADD/ADHD (27%); Developmental Delay, Emotional Disturbance, Intellectual

Disability and Speech/Language Impairment (14%-20% of respondents); Specific

Learning Disabilities (11%), and others. Many parents also indicated that

their children had Down Syndrome, epilepsy, Tourette Syndrome and other

specific conditions.

Among the incidents of abuse reported to COPAA are these:

· A 9 year old boy with autism in Tennessee was restrained face-down

in his school's isolation room for four hours. One adult was across his

torso and another across his legs, even though he weighed only 52 pounds.

His mother was denied access to him, as she heard him scream and cry. He

received bruises and marks all over his body from the restraints. He was

released to his mother only after she presented a due process hearing notice

under the IDEA.

· The teacher of a 15 year old Californian with Down Syndrome

reported to his parents that he had been confined inside a closet with an

aide as in-school suspension. The teacher was concerned about the

confinement and believed it to be wrong. Although the child had a

behavioral intervention plan, the school district did not follow it. He was

in the closet all day. He was only allowed out to go to the bathroom,

causing extreme humiliation as he walked in front of his classmates.

· An 11 year old South Carolinian girl was being restrained with

beanbags on the floor, and the school attempted to use a straightjacket

restraint on her. As a result of advocacy by her attorneys, the restraints

were terminated. Her curriculum was changed to be more age appropriate

because her behaviors appeared to result from being bored with curriculum.

A new crisis plan was put into place to avoid restraint: if the student

became aggressive toward staff, the staff would break away from the student

and briefly leave the classroom. Using this plan, the child quickly calmed

down and went to her desk area. Previously, the school district had

requested that the parent take the child home early on regular basis;

parents report this has not happened for the last 2 months. With the new

behavioral plan, the child has made substantial progress in school.

The report includes a summary of all 143 incidents.

COPAA applauds the school teachers, personnel, administrators, and education

leaders who join us in rejecting the use of restraints, seclusion, and

aversives and in providing Positive Behavioral Supports (PBS). At the same

time, we stress the importance of adopting effective laws to keep children

safe. These include mandatory PBS, statutory prohibitions on the use of

restraints, seclusion, and aversives, and strong enforcement mechanisms to

hold school district accountable for violations.

Congress should act immediately to ban prone and mechanical restraints, all

restraints that interfere with breathing, locked seclusion rooms, and the

application of painful aversives. In addition, physical restraint may only

be permitted when there is an imminent threat of serious injury to self or

others. School districts and their personnel must be held accountable for

any violations of the law, and parents must have all legal remedies to

pursue justice. All children must receive comprehensive positive behavioral

intervention plans, and schools must provide training on PBS, the harms of

aversive interventions, and the applicable legal requirements. Schools must

also monitor and report the number of aversive interventions. The public

policy recommendations are discussed in greater detail in the full report.

The full report, including the 143 incidents of abusive interventions in

school and COPAA's legislative recommendations, is available on COPAA's

website, http://www.copaa.org/news/unsafe.html.

We salute all organizations, parents, advocates, and professionals who have

long worked to combat the use of aversive interventions. In particular, we

wish to recognize the members of The Alliance to Prevent Restraint, Aversive

Interventions and Seclusion (APRAIS), to which COPAA belongs. We thank

every person who reported an incident of abuse to COPAA and we thank

everyone who publicized the survey; it is your work that made this possible.

Special thanks to COPAA members Doug Loeffler, Diane Willcutts, Becca

Devine, and Kathleen Loyer for helping summarize the 143 incident reports,

Marcie Lipsitt for proofreading, and to Bob Berlow, Seid Margolis,

Judith Gran, and Marshall for their analytical assistance in

reviewing drafts of the report.

--

Government Relations Co-Chair (Congressional Affairs)

Council of Parent Attorneys & Advocates, Inc. (COPAA)

(410)372-0208

govrelations@...

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