Restraint and Seclusion. Are we really trained for this?
Scott Bauries on Tuesday, May 19, 2009 at 8:32PM I have not posted to this blog in awhile--serving the research/writing/grading-papers masters--but now I take the opportunity of Justin's vacation to renew my contributions (albeit a couple of days late--my apologies, Justin). I will start with an alarming story that raises many difficult issues. I'm always cautious about relying on news reports, so I take these with an appropriate dose of skepticism, but several national news sources (of all political stripes) have reported in the last few days on a recent Government Accountability Office study assessing the use of restraint and seclusion to control the behavior of special education students. According to the reports, in just California and Texas (two of the five in the nation that require educational institutions to report their use of restraint and seclusion), one or the other technique was used more than 33,000 times in one school year, ostensibly to keep certain potentially dangerous special education students from hurting themselves or others.
Except that, in some cases (and even one is too many, in my opinion), the special education students apparently end up being hurt (or even killed) by the techniques themselves. For instance, a little girl in Wisconsin (not one of the states in the GAO report) was recently allegedly suffocated when a much larger adult attempted to restrain her by pinning her down. Her potentially dangerous activities? According to NPR, "fidgeting and blowing bubbles in her milk." Now, I'm sure that description is pretty scaled down, and I have no doubt that the adult in question perceived a risk subjectively, but it seems obvious to me that even special education teachers are not often fully trained in the use of such techniques. Education schools do not specialize in this sort of training--police academies do. And even if traditionally certified special education teachers typically have some relevant training (and I doubt very much that any such training is ample), we cannot forget the equally alarming presence of many uncertified--and sometimes completely untrained--teachers in special education assignments. Is it a good idea to allow adults to use these techniques without significant training?
Of course, the schools (and the teachers) are placed into an untenable position here. On one hand, the teacher may perceive that a manifestation of the student's disability may cause harm to the student or to others. In many cases, the teacher is the first and only line of defense here, so she must do something. Indeed, if she fails to act, and someone is hurt, the school may be exposed to liability for negligent supervision. On the other hand, schools would also seem to expose themselves to significant liability by empowering teachers with the authority and the discretion to use techniques that could endanger the one to whom they are applied--especially in the absence of ample training. We all know that schools and school districts are very, very risk averse, sometimes even to the detriment of the learning process. What, then, explains the apparent widespread use of these techniques? Mere expedience? Lack of options? Whatever the reason, if I were an administrator in a school where these techniques were on the table, I would make sure to make the proper application of such techniques my very highest professional development priority.
Reader Comments (8)
What explains the widespread use?
I am guessing that many schools, districts, and teachers are really struggling with student behavior due to a landscape that has rapidly changed. Education is an institution that wants answers and solutions to every problem that is placed before it, and we sometimes reach out for those solutions without always considering all of the ramifications. I think this is especially true when some sense of urgency has caused us to want that solution in a hurry.
Changing demographics, the rise in identified children with autism, and an economy which seems to cause ripple effects in schools all cause us to have some additional sense of urgency around the issue of students with severe behavior incidences.
Is it possible that almost any solution, which appears to address the issue, seems like a good solution to an institution that is struggling with a new and explosive problem?
These are students who are not welcome in the reg ed classroom, if were being honest. Teachers simply don't believe they have the time. We know 7 yrs after NCLB and IDEA alignment, LRE compliance is not the norm but ability grouping LD students is. Lowered expectations is still systemic. Personnel is focused on behaviour management not academic benchmarks. Much of the staff could be labeled benevolent clock watchers. But have we learned nothing about the prison experiment?
What is most troubling is how Gitmo terrorists have more civil rights in a US court of law than sped students. Enhanced Interrogation Techniques have the legal requirement of terrorists being informed prior to EIT they would not be permanently physically harmed, killed or have pain inflicted, but we know effective communication is not rampant in self-contained classrooms. How can the 0bama administration cry fowl over the masterminds of 9/11 being sleep deprived as torture when we allow teachers to sit on mentally and physically impaired students chests?
This makes me think of the moral equivalence of the 300 people choosing to jump to their death from the towers on 9/11 rather than burn alive vs. the parent whose child is so traumatized from seclusion, restraints, and adversives they throw up on the way to school every day and choose to home school. Of course, this is after the parent has gone through years of due process where they have the burden of proof and the government has expert status, lawyers are expensive, can't afford private school, refused parental observation, local education agency does not have to provide therapy, parents reported to child protective services, and waiting lists years long for state and government Medicaid assistance.
Retaliation and tolerance are not just words to debate in congress and beauty pageants. I want to know why teacher's unions are never in the fore front of championing childrens civil rights. Parental rights don't stop at the schoolhouse gate but as the report demonstrates, school staff are using the most vulnerable children as human shields. Let per pupil funding follow the student. It couldn't be any worse.
And in the same breath: Indiana Gov. Mitch Daniels signing a bill giving teachers more legal protections for trying to maintain discipline in schools. Some educators have told lawmakers parents of disruptive students often threaten to sue when teachers try to keep them from acting up or otherwise disrupting school activities. Attorney General Greg Zoeller said the new law will be a step toward ending frivolous lawsuits in school discipline cases, and that his office will aggressively defend such suits.
Just as there was no increase in frivolous lawsuits or otherwise from IDEA, I have seen no evidence of frivolous lawsuit abuse from school discipline cases. But doesn't it all sound so much like class warfare? -- Your child wont get the time and attention they need if Johnny with autism is in my classroom. -- Didn't 0bama say he was the only thing keeping the "pitchforks" from the bankers? 0bama is not going to turn his back on teacher unions, and it seems every politician is willing to keep the pitchforks from teachers. So much for SCOTUS parental rights. If only kids could vote.
On the other hand: U.S. Court of Appeals for the Fourth Circuit (MD, NC, SC, VA, WV) has ruled Virginia Buchanan County School Board members who voted to bar a newspaper reporter from school grounds were entitled to qualified immunity from his First Amendment retaliation lawsuit after previous negative articles, because their action did not violate a clearly established constitutional right. U.S. Supreme Court’s decision in Pearson v. Callahan, 129 S. Ct. 808 (2009) now affords lower courts flexibility to dispose of a case by determining whether the legal right in question was “clearly established,” without having first to address whether that right was violated. Availing itself of this flexibility, the Fourth Circuit began by observing that under Virginia law, school boards, as owners and custodians of school property, have “broad authority to restrict access to school grounds” in “carrying out [their] mandate to promote safety and order.”
And just who gets to decide the "safety and order"? Those same school administrators defending staff who use restraints, seclusion, and adversives on students for behaviour compliance. The focus is "safety and order" for staff not fostering a learning environment otherwise there would be no class warfare. So while the damning GAO report on school practices tries to bring a little light onto the subject of open to the public and public education, parental rights are a blackout.
Speaking of the press and First Amendment rights, was the New York Times right to publish classified national security information and detail on domestic surveillance programs and monitoring international financial transactions aimed at terrorists because civil liberties could be denied or eroded? Tell me again who is trampling the Constitution? Public school staff with qualified immunity and a taxpayer funded lawyer or the parent insisting restraints, seclusion, and adversives no longer be used on their student, or hearing officers who rule in the name of class warfare and budget cuts to remove students to self-contained classrooms? But 0bama ordered Gitmo closed.
Meanwhile, what's getting our principals and state regulators attention: Conflict in an Arizona charter school over a seventh grader’s notebook displaying a picture of Jesus has inspired a state bill that would ban religious censorship in schools. When the student's principal, George Ellis, told her she could no longer bring the notebook to school because another student had complained about its religious image, her mother, Rebecca Chambers, presented case law protecting religious expression in schools.
While religious censorship in schools is already against the law, it seems special interest groups wont be happy until we explicitly detail the limits. Just as the legal memos outlining Enhanced Interrogation Techniques to be used on terrorists at Gitmo released by Obama are specific down to duration and frequency of water boarding, and caterpillar use, so must we establish what religious symbol and size is acceptable on jewelery, clothing, etc.
Has it not occurred to anyone involved the term "separation of church and state" does not appear in the US Constitution? What does occur, "Writ of Habeas Corpus shall not be suspended." Maybe they should read the GAO report on restraints, seclusion, and adversives on our nations most vulnerable youth at taxpayer expense. Separate but equal went out with Brown v. Board of Education in 1954, 55 years ago. Isn't it time take it or leave it was no longer the rule offered to parents from protected union employees in public education?
"What, then, explains the apparent widespread use of these techniques?"
The public school monopoly. Teacher's unions refusal to embrace school choice. Shrinking middle class reducing affordability of private school. Increased resources in ELL as legal and illegal immigration soars. We know schools don't want these students that's why they're still not in compliance with LRE 7 years after NCLB/IDEA, and use ability grouping. But that doesn't mean someone else can teach them! Union dues equal big lobby money.
Case in point: Special interest groups took a pair of school-voucher programs in Arizona all the way to the state supreme court to get them struck down. The original programs, created in 2006, provided funding that allowed disabled students and students living in foster care to attend private school.
Meanwhile, the Obama administration refused to support continued federal funding for the voucher program in the District of Columbia to enable 1,700 students escape one of the worst performing public school districts in the nation, and signed legislation effectively killing the program. Despite the fact 2 of the voucher students are attending and thriving in the private school he chose for his own daughter's education over the public school system. But then again, Obama's daughters have never attended anything but private schools.
Why will nothing be done? No one wants to see the disabled integrated over a more viable voting block. We need to have an ever expanding population to pay for the baby boomers. To cover the cost of Medicare. Sound familiar? Our unfunded mandate going broke in a decade or sooner. This is why politicians are for amnesty for illegals because they are trying to avoid the tough choices in rationing medical care for the elderly because the elderly are a reliable voting block.
There was all the hype Obama would bring new voters to the election but studies show that wasn't the case. Currently, we spend $4 more on senior care for every $1 spent on youth under the poverty level. Illegal immigrants tend not to be highly skilled and drive down wages for the disadvantaged and low skilled Americans they compete with for jobs. As you can see, this plan isn't very well thought through after a politician sees immigrants are votes easily paid for in expanded government social services. Even the Bush administration was quite pleased to report with illegals this nation will have a large growing population in years to come, unlike China who will have a slowing and reach a time of older population majority. What does it matter if Communist China holds all our debt?
However, if we nationalize health care, rationing for everyone will make it seem fair, right? No voting block can accuse the politicians. But if you really want to know what rationed health care will look like, ask a parent with a special needs child. Years long waiting lists for therapy services are the norm. These years that are critical to early childhood development and learning are ignored by educators and politicians alike. Do you think special needs students will be better served with more rationing?
1 in 150 children in the US are autistic but don't worry, the politicians will ensure an increase in immigration and visas to meet business demands for workers in the future. (And autism-vaccine parents are 9/11 troofers so don't look for an answer why the rate is so high.)
Our public schools are failing generations of students but all anyone can do is give them more money. All the unions ask for is more money and benefits. All the local and state ed administration asks for is more immunity. All the US Dept of Ed does is offer idle threats to withhold funds.
Meanwhile, Becky is failing 3rd grade because the teacher wont use the required voice amplifier for her hearing implant and the parent doesn't know because they aren't allowed in the classroom for more than 15 minutes. Tommy can't blend his sounds properly and the speech therapist has too big of a case load to be effective for a group 30 minute session, 2 times a week, when she shows, so Tommy quits talking and learning. Laura never was verbal but if she screamed she got a coloring page, but her new teacher doesn't know that and sends her to isolation. Bobby ...
Do you think the current path we are on will do anything to stop these techniques?
How does any of the following stop restraints, seclusion, and adversives on special needs children?
-- eliminating school choice
-- card check
-- qualified immunity
-- zero tolerance policies
-- burden of proof on parent
-- school given expert status
-- per pupil funding does not follow the student
-- $700 billion stimulus bill
-- nationalized health care
-- increased legal and illegal immigration
-- state or federal recognition of gay marriage
-- who is Trig Palin's mother
-- global warming that is now climate change since the planet is cooling
-- waterboarding is torture
What will our nation and education leaders be talking about next week, and the week after that? Will Toms death from weight blankets on a dirty floor be covered on the back pages in newspapers while Michelle Obama's toned arms lunch with Oprah get a front page color photograph? What will this blog be talking about next week?
I am speaking as the mother of a 7 yr old child with PDD-NOS and severe Sensory Processing/Integration Disorder that had been repeatedly abused and severely traumatized by the very staff that I was trusting to educate him. I am sharing this story with you, so that you can hear a first hand experience with this particular issue.
The teachers and other school staff are not trained for this. The fact that they are training school staff to restrain and seclude children at all proves my point. This is abuse plain and simple. The staff members are left to their own discretion to determine what constitutes danger to themselves and other students (and let's not forget property).
Let me start by saying my son never even attempted to hurt another student and certainly never caused any serious harm to a staff member. I was informed that the staff had been given a directive that required them to remove any student that was being disruptive/non-compliant from the class immediately. This was a special day class and consisted of my son and 4 other boys. My son was restrained because he would do something like kick his shoes off (part of his sensory, when he's getting overwhelmed he kicks his shoes off). The staff would escalate him to the point of meltdown, knowing full well that would be the outcome. He would be taken from the classroom prior to any physical outburst (other than kicking his shoes off..and let me clarify he was not near enough any of the students to hit them with the shoes plus he wears the "croc" type shoes that are basically foam) where he would be required to sit within a "square" in the center of the room. He would run for the door saying "I want my mom, I want to go home". He was terrified! When he refused to sit in the square they would just keep pushing and pushing until he would have a physical outburst, then they would restrain him. Another time, they left him in the room by himself and he began fidgeting with some latch on a cabinet and broke it (fidgeting/repetitive behavior all directly related to him being overwhelmed and frightened). Apparently in their opinion this was enough reason to restrain him, prone restraint. For well over 30 min, then move him into what they called "wall restraint" for another 30+ min which it was explained to me by school staff is the same as prone, only instead of being pinned face down to the floor, it is against a wall. Another time he was restrained for a total of 3 hours! These incidents were documented by staff in their own words describing what they did and why (though they did not give me copies like they are supposed to). They seemed to believe they were doing the "right" thing, this is what they were "trained" to do (in a weekend seminar). This is a child with a lifetime history of asthma and serious sensory sensitivities, in addition to his autism disorder. He had a detailed file on what his needs where and how to meet them (written by a panel of experts from the state education department after a several day long assessment by their team) he also had accommodations and therapies that were written into his IEP that he was not receiving.
I can't imagine any scenario where this type of treatment would be warranted. If I did these things to my child (disabled or not) he would be taken from me. Yet teachers, aides, even principals and other staff members do these things and continue to work with our children and we are not even informed prior to placing our children in their care. I wish I could say this was the only incident. This was the third school where he was abused. At the first school I was told his "behaviors" were due to him not having enough structure (it was an open school) and that he would benefit from a classroom with a desk. (this was after being told that behaviors I later learned were autism characteristics were due to "an obvious lack of discipline at home". At the second school, I was given excuses around the fact that he did not have a diagnosed disability. The abuse was not so blatant in the beginning. Regarding the school in the above example, I was told it was "hand-picked" for him by the SELPA and I was assured it was the right placement this time. This was what he was subjected to once they "knew exactly what he needed".
No child should ever have to go through this. No parent either. Yet it IS happening. More than you know. Even as a parent that has a child that has experienced these nightmares first-hand, I am still floored every time I hear of another child that is going through this. The only lessons that these children are learning is if you aren't getting your way, be physical. When is it going to end? When we as a nation...parents, educators, friends, families, neighbors, employed, disabled....every single one of us refuse to let it happen.Necessity is the mother of invention, is it not. With statistics like 1 in 150 (and rising) children with an Autism Disorder in this country, finding a new way to educate these children...OUR FUTURE ... in a safe, loving, supportive and accommodating environment is a necessity.