Special Needs in the News

Outcomes for Students With Severe Disabilities Can, Must Improve

Fraction of Special Ed. Students Proficient on National Writing Test

Seclusion in N.C. District Legal, Feds Say

Senate To Revisit School Restraint, Seclusion

Lawmakers are set to consider the use of restraint and seclusion in the nation’s classrooms this week, rekindling efforts to establish first-ever federal rules governing the practices.

The topic is scheduled to be front and center Thursday at a hearing of the U.S. Senate Health, Education, Labor and Pensions Committee.

The issue has been a hotbed for disability advocates since 2009 when an advocacy group report uncovered widespread abuse and even deadly instances of restraint and seclusion in schools, problems which were later confirmed in a government report as well.

Students with disabilities were most often subject to the questionable practices, the reports found.

In response, legislation sharply restricting restraint and seclusion was approved by the U.S. House of Representatives in 2010, but when Senate talks fell apart later that year, action on the issue largely fizzled.

Currently, a patchwork of state and local rules exist. Disability advocates say that federal requirements are needed to ensure student safety.

However, at least one group representing educators — the American Association of School Administrators — opposes such regulation arguing that it is unnecessary and would put school staff at risk.

Read more of Michelle Diament's Disability Scoop article HERE.

U.S. Department of Education Issues Resource Document that Discourages Restraint and Seclusion

Today, the U.S. Department of Education issued a publication that outlines principles for educators, parents and other stakeholders to consider when developing or refining policies and procedures to support positive behavioral interventions and avoid the use of restraint and seclusion.

The goal of this resource document is to help ensure that schools are safe and healthy environments where all students can learn, develop and participate in instructional programs that promote high levels of academic achievement.

“As education leaders, our first responsibility must be to make sure that schools foster learning in a safe environment for all of our children and teachers,” U.S. Secretary of Education Arne Duncan said. “I believe this document is an important step toward this goal. I also want to salute leaders in Congress for their vigilance on this issue.”

The 15 principles that frame the document ultimately highlight how schoolwide behavioral interventions can significantly reduce or eliminate the use of restraint or seclusion. These guiding principles offer states, districts and other education leaders a framework for developing appropriate policies related to restraint and seclusion to ensure the safety of adults and children.

Read more of the U.S. Dept of Ed press release  HERE.

Special Education and Disability Information In the News

Kansas Takes First Step Toward Regulating Restraints, Seclusion

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Teen At School For At-Risk Youth Dies While Being Restrained

Actor Noah Wyle, Disability Advocates Arrested In DC Protest


D.C. Says Work Will Take Special Education Services to 'Next Level' 
Parents Compelled to Secretly Wire Children to Track Events at School

Advocates Press Congress to Act on Restraints, Seclusion

A coalition of advocates for people with disabilities offered more criticism of a recent report by the American Association of School Administrators that touted the merits and necessity of using restraints and seclusion.

On Monday, the Consortium for Citizens with Disabilities picked apart the AASA report, which came on the heels of the first ever attempt to collect data on the frequency with which public school students are restrained or isolated in the name of keeping themselves or others safe. AASA's report was based in part on a survey of its members, but as CCD points out, there isn't any information about the survey or its methodology.

"With no source cited, the AASA simply asserts that 99 percent of school personnel use seclusion and restraint safely and only when needed. This assertion is not supported by any facts," the Consortium wrote.

The group also attacked AASA for claiming that school staff members are well trained regarding the appropriate methods of restraining or secluding students.

"The survey does not distinguish between staff who receive a few hours of instruction and those who complete rigorous training and certification programs," the letter says. "In fact, poorly trained or untrained staff were involved in several deaths and injuries reported by the [Government Accountability Office} and others. Only seven states mandate training in medical distress and first-aid, and only 18 states in safe and appropriate restraint/seclusion use (often without further definition of what this means)."

The Congressional bills will require training in evidence-based techniques and the dangers of seclusion and restraint, and provide needed funds for training personnel."

Read more of Nirvi Shah's On Special Education article HERE.

SEEKING PARENTS WITH RESTRAINT/SECLUSION STORIES FOR U.S. SENATOR HARKIN’S STAFF

Last week, U.S. Senator Tom Harkin introduced the Keeping All Students Safe Act, S.2020, to protect students nationwide from dangerous restraint and seclusion. As the GAO (U.S. Government Accountability Office) has found, restraint/seclusion are dangerous, resulting in deaths, injuries, and trauma to children nationwide. WE ARE SEEKING LETTERS IN SUPPORT OF THE BILL FROM PARENTS THAT CAN BE SHARED WITH SENATOR HARKIN’S STAFF AND PERHAPS OTHER SENATE STAFF. WE ARE ALSO INTERESTED IN STORIES OF CHILDREN WHO WERE RESTRAINED OR SECLUDED AND WHO MIGHT HAVE BEEN HELPED IF THE BILL WAS LAW. You do not have to have a story to send a letter. Please email Jessica Butler, Congressional Affairs Coordinator, Autism National Committee, at jessica@jnba.net if you have a story or think the bill would have helped your child, or if you would like to send a letter in support of the bill (even if you do not have a story). Please feel free to forward and share with others.

See more of Jessica Butler, Autism National Committee request on the National Autism Association website HERE.

Separate Education for Those in Special Education? Possibly

By Nirvi Shah from On Special Education

Will the teachers of students with disabilities, teachers who in many cases work with all subjects, have to meet a lesser standard than their counterparts? And will expectations for students with disabilities be lowered, too?

Maybe.

Those were some of the proposals offered during last week's markup of a bill to reauthorize the Elementary and Secondary Education Act.

One amendment offered by Sen. Rand Paul, R-Ky., would have removed the requirement that teachers of students with disabilities be "highly qualified."

The current version of ESEA, the No Child Left Behind law, says that all teachers must have degrees in the subject they teach and be state-certified, and the bill passed by the committee last week and headed for the Senate floor retains that language.

Why would Sen. Paul offer to give special educators a break on that requirement? Because meeting the requirement can be especially complex for special education teachers, who may teach many subjects, but who may only have degrees in special education.

"Teachers do face complications in meeting 'highly qualified'" requirements, said Lindsay Jones, senior director for policy and advocacy for the Council for Exceptional Children. But "we should not bluntly remove them."

The Individuals with Disabilities Education Act already provides some exceptions for special education teachers so they can attain the qualification, she said. "The fear is setting up a separate system of education."

While the amendment was quashed in the committee, Jones said she is sure it will resurface when the bill is debated by the full Senate.

Another proposal that died in the committee came from Sen. Johnny Isakson, R-Ga. He wanted to do away with limits on how many students with disabilities could take alternate tests, which are different than those their classmates take.

"The underlying concern we have with Isakson and Paul [is that their message is] 'It's too difficult to accommodate you, so let's separate you," Jones said. "When that happens, it's separate but not equal. It's not a 21st century vision of society."

But don't count that proposal out, either, she said.

While there are still some things in the bill that affect students with disabilities that the CEC and other groups dislike, Jones applauded the education committee chairman, Sen. Tom Harkin, D-Iowa, for his remarks during the discussion of Isakson's testing proposal. If it passes in the long run, there is concern that the education of students with disabilities could become watered down.

She said Harkin tried to keep the focus on high expectations for these students. Harkin said that even kids with disabilities need a kick in the pants every once in a while, she recalled.

One thing that didn't come up at all, disappointing some advocates, was a proposal related to curbing the use of restraints and seclusion with students, although Sen. Harkin mentioned it during the debate.

Article HERE.