Excerpt provided by Inclusion Daily Express:
COPAA: Senate’s IEP Provision Strips Away Protections From Restraints And Seclusion Bill
(Council of Parent Attorneys and Advocates, Inc.)
October 26, 2010
WASHINGTON, DC– [Excerpt] On September 29, 2010, Senator Christopher Dodd (D-CT) and Senator Richard Burr (R-NC) introduced S. 3895 to address abuse through the use of restraints, seclusion and aversive interventions in schools. It is well-documented that the use of restraint and seclusion in schools is neither effective nor therapeutic. Instead, it is mentally and physically abusive. Thousands of cases of restraint and seclusion occur in our nation’s schools annually, often with tragic results, including the death of children.
COPAA is appreciative of Senator Dodd and Senator Burr’s efforts to pass a bill in the Senate that sets forth minimum standards for states to protect children from what has historically been the unacceptable use of these methods and set up a structure to prevent future abuse. However, we have grave concern regarding the provision that allows restraint and seclusion as planned interventions, and believe the current bill language weakens parents’ and children’s existing rights.
COPAA supported the provisions as passed in HR 4247. We continue to support the need for a federal bill and minimum standards, and we are sensitive that some view passage of a Federal bill establishing minimal standards as a formidable step forward for many States.
Unfortunately, despite the many important provisions and minimum standards in S. 3895, the current draft of the bill permits inclusion of restraint and locked seclusion (defined as alone in a room or space from which a child is unable to exit, as a planned intervention in IEPs [Individualized Education Plans], behavior intervention plans or safety plans for students who have a documented history of behavior within the past two years that has created an imminent danger of serious bodily injury). This language weakens protections under IDEA, could allow important decisions to be made outside of the IEP process, will increase use of restraint and seclusion, and will diminish parent and student rights.
Entire article:
COPAA Expresses Grave Concern Over S. 3895
http://www.copaa.org/news/s3895.html
Planet of the Blind 