I want to start with these resources from the federal government:
https://www2.ed.gov/policy/seclusion/restraints-and-seclusion-resources.pdf https://www2.ed.gov/about/offices/list/ocr/docs/dcl-factsheet-201612-504-restraint-seclusion-ps.pdf And this about the difference in restraint and abuse: https://www.wrightslaw.com/info/abuse.index.htm From the first document "Restraint or seclusion should not be used as routine school safety measures; that is, they should not be implemented except in situations where a child’s behavior poses imminent danger of serious physical harm to self or others and not as a routine strategy implemented to address instructional problems or inappropriate behavior (e.g., disrespect, noncompliance, insubordination, out of seat), as a means of coercion or retaliation, or as a convenience. " I am going to reiterate... Unless your child or others are at risk of imminent SERIOUS harm that may be incurred due to the behavior, there is NO REASON for restraint. Let me give you some examples: Child has run from campus and is about to cross a busy intersection of cars. Child is in a kitchen and is throwing the dishes. Children are in a fight and to get them apart at least one child has to be restrained. Child is attempting to attack another student or teacher and that person is unable to get away. Child is about to set the school on fire with a match in their hand. Child has a baseball bat and is swinging erratically with a classroom full of students and he is between the door and the kids. Child has a knife or gun. Is the child on the floor screaming obscenities? No restraint. Is the child running in circles around the classroom? No restraint. Is the child trying to elope from the classroom but still safely in the school? No restraint. Is the child throwing his food in the lunchroom? No restraint. Is the child in a room with a teacher only and trying to kick the teacher but there is room to move out of the way? No restraint. Child is refusing to enter school from the playground? No restraint. What should happen before it gets to a restraint? There should be an effective behavior plan in place. There should be effective positive behavior supports. There should be appropriate teacher to student ratios. The teachers should have training on how to effectively diffuse situations that may occur. The classroom should be setup to promote safety. Breaks should be offered. Teachers should know the laws about restraints. Teachers should know the risks of restraints. Teachers should know that restraints are not for behavior management, and may at times actually INCREASE the behavior that they are trying to maintain or decrease. Here are some things to do immediately before a restraint. Remove all other children. Move out of the way. Take a break. Give the student a break. Switch teachers out. Do work for compliance instead of mastery. Follow a de-escalation script or dialogue. Do a student body check: do they need the bathroom, a snack, a break, a nap? Has the reinforcement schedule been too intermittent? What does a restraint look like? There are VERY regimented ways to do restraints. Why is that important? Because children have DIED due to someone doing an improper restraint, or restraining for too long. Two of the more popular restraint styles in our area are SAMA and CPI. If an administrator, teacher, or assistant may work with a population at risk for behaviors leading to restraint, they must be trained. If someone performs a restraint, they must be trained within 30 days of the restraint. "The CRDC defines physical restraint as: A personal restriction that immobilizes or reduces the ability of a student to move his or her torso, arms, legs, or head freely. The term physical restraint does not include a physical escort. Physical escort means a temporary touching or holding of the hand, wrist, arm, shoulder, or back for the purpose of inducing a student who is acting out to walk to a safe location. the CRDC defines mechanical restraint as: The use of any device or equipment to restrict a student’s freedom of movement. This term does not include devices implemented by trained school personnel, or utilized by a student that have been prescribed by an appropriate medical or related services professional and are used for the specific and approved purposes for which such devices were designed, such as: Adaptive devices or mechanical supports used to achieve proper body position, balance, or alignment to allow greater freedom of mobility than would be possible without the use of such devices or mechanical supports; Vehicle safety restraints when used as intended during the transport of a student in a moving vehicle; Restraints for medical immobilization; or Orthopedically prescribed devices that permit a student to participate in activities without risk of harm. the CRDC defines seclusion as: The involuntary confinement of a student alone in a room or area from which the student is physically prevented from leaving. It does not include a timeout, which is a behavior management technique that is part of an approved program, involves the monitored separation of the student in a non-locked setting, and is implemented for the purpose of calming. A copy of the 2009-2010 CRDC and the OCR definitions of restraint and seclusion can be found at the following Web site: http://www2.ed.gov/ about/offices/list/ocr/whatsnew.html. Restraint and seclusion data are available at http://ocrdata.ed.gov.6 " A restraint can also include objects, such as seatbelts in a chair within the classroom, weighted vests and blankets, etc. If the school is wanting to use these restraints, they must be well documented in the ARD, they must be regularly monitored, and must follow a very strict process as to how they are used. For example, a weighted vest can not exceed a certain percentage of their weight, nor can it exceed a certain amount of time in the day. What is a restraint that is not supported by the school? Anything that restricts a child's movement and they can not move away and is NOT FOLLOWING THE EXPLICITLY TAUGHT RESTRAINT METHOD. For example, holding a child's wrist while walking in the hallway. Picking up or carrying a child out of the room. Dragging a child by the arm or leg. Holding a child on the ground. Holding the door closed while a child is in a room. Sitting on the floor with the child's legs contained under the teacher's legs. Laying on top of a child. Restraining a child for pinching. Restraining a child when other's could have been removed from the situation. Restraining a child when the person in danger could have moved. Restricting a child's airway or breathing. Restraining after the danger has passed. What is a legal restraint? A restraint can only be used if the child or someone else is in serious imminent danger. It must be documented within 24 hours and parents notified. It is reported to the state. It is used following the approved restraint method trained by the district. It requires two people to perform any of the trained restraints safely. An administrator must be notified. The restraint must be as short as possible to manage safety and no longer. De-escalation must be documented, as well as exact behaviors that prompted the restraint. Has your child been restrained due to dangerous behavior? "In cases where a student has a history of dangerous behavior for which restraint or seclusion was considered or used, a school should have a plan for: (1) teaching and supporting more appropriate behavior; and (2) determining positive methods to prevent behavioral escalations that have previously resulted in the use of restraint or seclusion." Make sure that there is a plan in place immediately. ALL children can be restrained within the school, not just students with disabilities. It should never be used as a discipline method. It should never be a punishment. It should be a last resort.
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I am a very trusting person. If someone says that they will do something, I take them at face value. I say what I mean, and I don't typically pull any punches. If I don't do something that I say that I am going to do, it's because I forgot - not because of malicious intent.
As a teacher, parent, and advocate, I have learned that when you get a group of educators together, although the intentions are good... they are so busy. And things that were very important in the ARD, or parent meeting, or 504 meeting, stop being as important when you get into the thick of teaching. Things get misunderstood, forgotten, lost in translation, remembered a couple of months down the road, or never remembered at all. Parents remember different things than educators. Maybe as a parent you remember that the teacher said 45 minutes in the meeting, but the paperwork says 30 minutes. When the teacher goes back to look, they are going by the paperwork, not what was discussed. If you didn't record the meeting, than all you have to point back to is the paperwork... which may be different from what you discussed, but that is all that they have to go off of at the moment. The paperwork done in the ARD is a federally mandated legally binding contract. If it is written in the contract, it MUST be followed. If it is talked about in the ARD, but never written down, that is not legally binding. If something was important to you or your child, and it wasn't included in the paperwork, then it is not legally binding. Record all of your meetings... parent meetings, ARDs, IEP changes, and 504 meetings. If something isn't in the paperwork, go back to the recordings. Get the changes you need to have to the paperwork so that your child receives a free and appropriate education as determined by the committee members at the time of the meeting. Help have backup when you disagree with what the paperwork says. Don't get into a he said, she said contest - just listen to the recording and send the soundbite to jog memories. To record: Let the school know you will be recording. Put your phone in airplane mode. Open your favorite voice memo app, and hit record. End the recording and name it at the end of the meeting. Put your child's name, date of the ARD, and what type of ARD (revision, FIE review, annual, etc). Then save to your computer, google drive, USB drive, or some other device. If somethings happens to your recording, you are always able to get a copy of the ARD recording from the school district with a written request. Before every ARD meeting, the teachers collect data. This data may be by teacher observations, data collection, using work samples, etc. They will collect data for the goals that were written at the last annual ARD and determine mastery level of the goal. Goals that are not mastered may be altered or changed to better support your child, or they may be determined to no longer be important. It might be that your child needs better scaffolding to master the goal.
If your child is not on the path to master a goal, an ARD should be called by the school to help determine what scaffolding your child may need. The goal should be rewritten, modified, or otherwise addressed. If your child masters a goal before the end of the annual ARD year, an ARD should be called to determine new goals. If your child masters the goals at the time of the annual ARD, all new goals will be written for the next annual ARD year. To determine new goals, weaknesses in your child's abilities will be assessed. These may be adaptive skills (ex. toileting, transitioning, etc), communication skills, academic skills, behavioral skills, organization skills, social skills, fine/gross motor skills etc. These weaknesses will be assessed by level of importance, educational need, and relationship to the diagnosed disability. In Texas, all academic goals must be linked to the TEKS. If the goal is directly the TEK with no changes to the TEK, then the child should be served in the general education classroom with appropriate supports and should not be a goal. If the weakness is determined to have an educational need and is related to the diagnosis, then a goal is written. This goal must answer several questions, including what the goal is, what supports are need to achieve the goal, how long it will take to master the goal and how it will be assessed, including the data type used, how often, and what determines mastery. Another way to consider how a goal is written is to determine if the goal is a SMART goal. (see end of post for more resources) S - Specific (what is going to happen, how it will be assessed and mastered, and why it is an important goal) M - Measurable (easy for anyone to pick up and measure with the tools listed) A - Achievable or Attainable (should be a reasonable outcome within reach of the child's projected skill level) R - Results focused (what should occur to determine if the goal is mastered) T - Time bound (reasonable time frame) All goals MUST have baseline data in the PLAAFP (Present Level of Academic Achievement and Functional Performance) or written with the goal. Having baseline data guides the goal and answers the following questions: Is the goal appropriate? Has the child already mastered the goal? What supports are needed to make this goal attainable? How can the goal be measured? Is this goal easy to measure? Is the time frame in the goal reasonable? What exactly will mastery look like? Do there need to be objectives under this goal to scaffold mastery of the goal? If you don't have baseline data, then there is no way to measure progress. We don't know where the child is starting, so how do we know that the instruction is working? Does the child need more scaffolding? Less support? Is the goal too easy? Too hard? Is it attainable within the allotted time frame? Look for goals that have this type of format: Timeframe, scaffolds/supports/accommodations, description of what is expected, how it will be measured, mastery criteria. Baseline data can be with the goal or in the PLAAFP. Ex. By December 2018, given 100 high frequency spelling words, Student will correctly spell a minimum of 75/100 words on four out of five consecutive weekly quizzes. Baseline: 20/100 words spelled correctly Ex. By the end of the annual ARD year, given a penny, nickel, dime, and a quarter, Student will match coins to their corresponding value on eight out of ten attempts as measured by bi-weekly teacher data sheets. Baseline: Student can match coins to value in three out of ten attempts. Ex. Within 36 weeks, given a blank graphic organizer and an electronic speller, using correct beginning capitalization, ending punctuation, and appropriate paragraph spacing, Student will write a narrative essay that includes a minimum of a 2 complete sentences introduction paragraph, a 5 complete sentences body paragraph, and a 2 complete sentences closing paragraph for 2 out of 3 consecutive work samples. Baseline: Student can write a 5 complete sentence paragraph using correct mechanics 50% of the time. SMART Goal Resources: https://www.understood.org/en/school-learning/special-services/ieps/how-to-tell-if-your-childs-iep-goals-are-smart http://www.hr.virginia.edu/uploads/documents/media/Writing_SMART_Goals.pdf http://www.wrightslaw.com/bks/feta2/ch12.ieps.pdf Importance of baseline data: https://www.rethinked.com/blog/index.php/tag/baseline-data/ The ARD is a collaboration between ALL members in the process of your child's education. You are an active participant and an expert on your child. If you have concerns, questions, or answers, always share them either before or during the ARD process so that they can be addressed through accommodations, goals, evaluations, etc. You can and should help determine goals and objectives, necessary accommodations, and services. If a draft ARD is provided before the ARD, it is just that... a draft. It is the teachers and service providers recommendations but it is only a draft. You can and should be an active participant in determining goals, especially if you are noticing deficit areas that are impacting your child's education or participation in any environment. The teacher would be determining the baseline data and criteria for the goals with your support.
Each ARD meeting typically follows a basic timeline. (start recording your meeting now!)
If you have questions, ASK! If you don't agree, then state your reasons why. If you feel like something important is not addressed, bring it up! You DO NOT HAVE TO SIGN. You DO NOT HAVE TO AGREE. If you disagree, simply initial "disagree" and the ARD will reschedule within 10 school days. If the ARD is not completed, then it will reconvene in a reasonable amount of time. If you get the paperwork after agreeing, and you believe something needs to be changed, request another ARD. It must be scheduled within a reasonable amount of time from the written request (send an email to have a receipt of sending it!). The ARD is a legally binding contract. Read it as such and sign agree after you have reviewed the ARD and determined that all areas are appropriately addressed and agreeable. The ARD paperwork is a federal document, and will direct your child's education for the year, no matter where they attend public school anywhere in the country. The ARD should not be school, district or state specific, it should be child specific and should be individualized to meet your child's needs. It should easily translate to where ever your child may be attending school. Sample ARD agendas:
I would strongly recommend that at the end of every ARD or IEP meeting, you ask that it be put into the deliberations that you always receive the following information 5 school days before the next meeting. This ensures that the committee members are prepared with the appropriate data, and it also ensures that you are well informed about the information that you will receive at the meeting. You can then look over everything, process it, talk to friends or an advocate, and generally make sure that you have all of the information that you need.
These are the things that you should ask for:
These are imperative to have beforehand to keep you from being overwhelmed by information when you attend the meeting. If you have asked for these things, and they are not provided to you beforehand in the time frame requested in the previous meeting, you are able to request a new date for the meeting so that they can provide that information to you. B putting it in the deliberations, they are essentially agreeing to and signing a contract saying that they will provide it to you in the time frame requested. The more adamant you are about receiving comprehensive information about your child from the get go, the more likely they are to provide it every time, on time! If you don't know what these things are, please ask someone! We offer a free consultation and would love to talk to you about what they are and why you want them. Sometimes it feels like such a lonely burden to have a child with special needs. The struggles, the sometimes minuscule gains, meeting goals and milestones much later than peers. Having a child that may not behave in a socially acceptable way, or a child that doesn't have the language to express wants and needs, or having a child that reads below grade level may sometimes feel like a heavy burden of responsibility. Usually you can recover on your own, but it is so much easier to be able to lean on someone for help: emotional support from someone that understands, physical support in the form of tutoring, meals, a babysitting break, or educational support from someone who knows the laws, an advocate. You and your child's advocate can be another parent, a friend, a neighbor, a teacher or a professional advocate. This advocate gives you another perspective. They give you advice. They give you more options. They give you encouragement to keep trying. They fight for your child so that you aren't doing everything alone. They direct you to resources, examples, a support group, and laws that back up your requests for your child. A professional advocate knows the laws. Many have been in the education system as a teacher, principal, or diagnostician. Others are parents that have been there and done that who have struggled through the same murkiness that you are going through right now. Some are people that have heard of a need through friends or family and have become passionate about serving others to provide a better education, leading to a better life. An educational advocate can review paperwork, help you understand the laws, explain the dialogue and acronyms that the committee at school throw out through meetings, lead you through research and meetings, and, if necessary, point you in a different direction so that your child will get more appropriate services to truly be a Free and Appropriate Public Education (FAPE). All decisions are based on the laws set forth in the Individuals with Disabilities Act (IDEA) and Section 504. Our goal is to make your child's LIFE successful, not just your child's school career. School should enhance your child's ability to be productive both in and out of the classroom. It's not enough to just get by from grade to grade until they graduate without the ability to function in the day to day. This includes the math, language, behavior, and functional needs necessary to live and work independently. We are here to strengthen your confidence as you navigate the education system, giving you the knowledge you need, and lending you our experience to get the results your child needs to be successful. Karyn MonroeSpecial Education Teacher, Parent, Advocate, Photographer. |