State Laws on Seclusion | Autism PDD

I'd call CPS and speak to them about it. In NY, they just passed an aversives law. Many people protested it, but at least it DOES protect kids from such treatment. What you describe, if it is not exaggeration, is torture, pure and simple. I don't think POW's are allowed to be treated that way. I'm serious. I'd call CPS and/or get a lawyer.

Some of you saw a previous post from me regarding the use of seclusions in my son's school. Seclusion in schools is something that is not regulated at the federal level, and many states also do not have regulations that would specify length of time a child can be kept in seclusion, size of "room", etc. For those of you who are in a state that does have regulations for this in school, I would like to know what state you are in and what regulations your state has enacted. My son's non-profit advocacy attorney is getting ready to get the ball rolling on introducing state legislation on this issue. As it is now, a child can be placed in a 4x2 wooden box, and that's ok (my son being the prime example) and the school can even leave the child in there for 2 hours straight.... So something must be done to regulate this since the school has no common sense. The attorney hasn't been able to find any information on other states who have enacted legislation on this issue to use as an example of what is appropriate and what isn't. So any information you guys have would be GREATLY appreciated. Thanks!

[QUOTE=CindyTN]

As it is now, a child can be placed in a 4x2 wooden box, and that's ok (my son being the prime example) and the school can even leave the child in there for 2 hours straight.... So something must be done to regulate this since the school has no common sense. [/QUOTE]

Is this box scenario an exaggerated example of the lack of a standard- or something that actually happened to your child?

tzoya, as I mentioned above, a lawyer is already involved. He's been working on the case for 2 months now. He's the one who contacted CPS first. Luckily, he's providing his services free through my state's Disability Advocacy Center.

Seclusion is NOT in my child's IEP. Never was. As a matter of fact, I told the school they were not to use seclusions, and I was told that it wasn't "your choice." I either had to agree to allow them to use seclusions or restraints. And by law, they have that right if a situation arises.

See.... THIS is the issue that I'm trying to bring to everyone's attention here, but it doesn't seem that anybody else is as alarmed as I am that something like this is completely legal. Check your states. You'll probably find the same thing. So far, my attorney has only found ONE state that has size restrictions for a seclusion "room" in schools. Given that fact, you could very well find yourself in my same situation. And that's what I'm trying to prevent.

I don't exaggerate anything when it comes to my son. CPS has been involved in the situation for the past month, conducting a formal investigation of the school, including the other schools in my county who use the same devices. The box that my son, and other special education students, have been put in for seclusions is a plywood box that is 4 feet wide by 2 feet deep. No, it's not an exaggeration at all. As a matter of fact, the attorney and CPS went to the school earlier this week to confirm my measurements with a measuring tape and also took pictures of it. The school made 2 of these boxes to use for seclusion purposes. The 2nd box wasn't even sanded down on the inside, and it has pieces of wood (splinters) sticking out that can hurt a child who touches the sides. They are literally constructed of sheets of plywood.

I don't think parents realize that there are NO laws about this in most states, and there are absolutely no federal regulations to protect children from this in the school system. Seclusion is regulated in hospitals and psych facilities, but not in the public school system. If I were to use such a box at my home, I would be in jail for child abuse, but the schools get away with it.

And by the way, as far as legal recourse goes, it's kinda hard to sue somebody for doing something that isn't illegal. THAT is the delima I'm faced with right now. The only thing the attorney can do is file suit, knowing that the best outcome we will have is to enact case law..... In other words, the judge can rule that this is unacceptable, define what he feels is acceptable, and it will then become law based on his ruling (but it can be challenged if the school appeals the decision). And yes, we are proceeding with that. Something MUST be done. But I also encourage you to know what the laws are in YOUR state, to ensure that this can't happen to YOUR child. I'd check with a lawyer. Just because something is not made illegal doesn't mean a Hearing Officer wouldn't MAKE it illegal. So much of law is decided by hearing officer' and judges' decisions. I would have SECLUSION completely written OUT of my child's IEP. Glad you called CPS, but I'd also check with a spec. ed. lawyer. They may have more ammunition than an overworked CPS worker would.

Hope you have "it isn't your choice" in writing. That shows that they have prevented the parents from your legal right to participate in your child's education. A Cardinal Sin against IDEA and one for which a Hearing Officer would slam them.

If you want to inform the group about this, I'd suggest another thread entitled AVERSIVES. "Seclusion" sounds benign. NYS passed an aversives law last year. Before, aversives were not allowed at all. So SD's were paying to send kids whom they felt needed aversive techniques to residential placements OUTSIDE NY. NY responded to this need by putting into place very specific regulations about HOW to use aversives. Of course, many people feel that, once aversives are allowed, they would be abused.

Is there any other placement, even private placement, that you can put your son in? Homeschooling him? Boy, I'd get my child as far away from a system that used a sweatbox like that as possible. Good luck.