Restraints in school | Autism PDD

I found it. Here is the link: http://www.dsd.state.md.us/comar/13a/13a.08.04.05.htm

The entire Maryland State Code of Law is available online. Section 13A includes all of the regulations of the Department of Education.

Kristy,

Thanks so much!!!!

kelly

I tried to search the boards for this, but couldn't find an answer,,,,,so If anyone has any ideas, please post.

My son has it written in his IEP from last year that in the event of physical harm to himself or others he can be restrained using the "basket weave" method. As long as it's done by someone with training.

Well, long story short, I've done alot of research since April (when it was put into the IEP, and at that time we (his dad and myself) agreed upon its use....

I've since discovered that several children have died from the inproper use of restraining. Also, we discovered that our son wasn't causing physical harm to himself or others, yet was being put in a restraint. He was restrained several times because "he was under a desk, refusing to leave the room, hiding in the coat closet"..annoying and avioiding and self coping mechanisms- yes, physically violent-no...

So, anyway, does anyone know the law in MD for restraint? We'd like to have it taken out of Luke's IEP.

thanks,

kelly

Great ideas..thank you so much!!

Tzoya,,we have nothing like that system around here, wish we did...

woodsman25--my son just turned 7 inJuly and will be going into second grade on Monday. So, he's a "big boy" I guess. He is is very tall for his age, most people think he's 10 or 11. But he's a stringbean and mild mannered 99.9% of the time.

They used restraint 16 times last year between April and June--they assured us it was only when harming himself or others (however the reports said he was removed for hiding was under a desk, refusing to leave the room, hiding in the coat closet. He also was "running around the room, crumbling papers on his desk and making noises"..hardly harming others or himself...disruptive, yes, but harming no.

His IEP currently states that they can use restraint when necessary, but only by those trained in restraint.

Tzoya,,I'll definately look into the state law. Thanks!

Kelly

I would NEVER sign an IEP that included restraints unless the EXACT types of behavior that required restraints were specified. Using restraints when a child is hiding under the desk is NOT appropriate and I seriously doubt that any state would specifically allow that. I'd get a lawyer to look at the IEP and advise you. This stinks.

Has the school used a PROFESSIONAL to do a Functional Behavioral Assessment? Is there a professionally written Behavior Intervention Plan in place that does NOT include restraints? YOU are an integral member of the IEP Team, so you have TONS of input. If your child behaves 99.9% of the time, what is he doing in a "behavioral" class, the only sort of place where restraints are typically used. If you are in a mainstream sort of situation, restraints are not acceptable. PERIOD. Go to www.wrightslaw.com and search "restraints" and see what they have to say.

Tzoya-

Thanks for the advice,,I'll check wrightslaw. I definately am going to get this removed from his IEP. The incident that started this restraint talk was when he became overwhelmed and jumped up ontop of his desk, then off and ran around the room. The principal couldn't get him to come out, so they cornered him and removed him in an "assisted hold and basket weave hold"....

Yes, he does have a professsional FBA/BIP-done twice by the school's pschologist,,which we were not happy with. So we demanded an outside source to one,,we got approved and we ended up using Baltimore's Kennedy Krieger Inst. to do one this past May.(which included restraint as part of the FBA/BIP.

I'm a little confused about your question of him in a "behavioral" class. He's in a regular classroom/public school. He does get a certain number of hrs with spec ed/ot and an inclusion helper.

Thanks so much for your help!!

kelly

In my area, no restraints are generally used in public schools unless there are specific classes for those with autism and the staff has been fully trained in using restraints. That simply doesn't happen around here except in "behavioral" classes. That is, classes that are designed around intense support for kids with behvioral issues. No restraints would be used with kids who simply run around a classroom or hide under a desk. Of course, in NY, there is the BOCES system, which is a public school system open to kids in all districts where classes are formed that address very specific issues. For example, there are special classes just for kids who have specific behavioral issues. It's in those classes that restraints can be used and the staff there is highly trained. Of course, BOCES is a segregated system and is not mainstreaming or inclusion at all, so that's the drawback. The benefit is that the personnel are highly trained in specific disabilities. I don't say that it is the greatest or the worst system, but it means that special classes (which is what I called "behavioral classes") are accessible for kids whose IEP Teams and parents feel that they need those sorts of environments. I guess this is not a system that exists in all places.

Restraints should only occur when danger is happening. Daniel use to hide at Pe. Not all staff understand about sensory issues in se kids. Staff need to learn about kid Sensory disorder's. Get the tape on Sensory disorder's for teacher's this is a great tape to educate staff with. Ot's need to have all staff taught about this so proper knowledge is there for the staff. I hate hearing kids are disciplined for their sid. Each state must establish its own policy on using restraints. I would get in touch with your state dept. of ed. and get its policy IN WRITING. Then ask the school to put ITS policy IN WRITING to you. Then get whatever needs to be used with YOUR son IN WRITING in his IEP. Make SURE there is specialized training for staff written into the IEP. Kids have been harmed by restraint, but some kids have harmed others, too. I KNOW you don't want either thing to happen. Educating yourself on local laws is the best course.Hiding and avoidance, I agree these are not reasons for restraints! Sorry to hear your School thinks so. Get this changed as soon as possible. I wish you luck. Would they want this for their child, I think not. non no ono no ono. My son's school has a hands off policy. they will clear all the other kids out of the room if they can't get mine to leave on his own.

No restraints!!!!!
the restraint thing is stupid, i never even heard of such a thing, never even seen it done, never knew it existed. I can understand is the kid is hurting himself or others, he needs to be stopped, but for hiding under his desk or in the closet, i dont think thats mis behaving, thats an attempt to escape, probably not his fault, so they make it even worse by doing that??? thats logical!!

I wonder who authorized that? Is your son a big boy yet? I mean if hes still small thats just stupid, bigger kids can cause more harm, and so i can understand that but a little kid.

THIS IS EXCELLENT TO ASK FOR!!! In the past, many years ago, my program used an interevention technique that was a total of 4 hours training ( 3 hours lecture, 30 minutes restraint, and a quiz). It was a total joke. The program we use now is a 36 hour training program that spends probably 80% of the training on non-invasive and positive crisis intervention approaches (the trainer and I even modified it to contain an additional componant for working with our ASD kids). Then there is an intensive 3 hour restraint and DEFLECTION piece...so that you can protect yourself as well as not hurt the kiddo....and you don't jump right to restraint. Then you are assesssed on each move and hold....you don't do it exactly correct....YOU ARE NOT APPROVED TO USE IT. Then there in a final test and we must go through this each year. Now I have reported staff that had hands on kids or who were not following our training.........I have no hesitation about doing that....the kiddos are first. I also have shown parents our training manual and procedures. If people are trained appropriately......99 times out of 100 you can end a crisis - and I mean a true crisis (not didn't want to do a task) - without anyone getting hurt and never putting your hands on the child.

I like your idea about the specifics of the staff training written in there. That's a great idea. So far we've been told " only done by staff with training", but we haven't seen any credentials or specifics. I've got a phone conference with the person who wrote up the latest BIP/FBA to discuss these things today.

thank you so much for your advice! This helps alot.

[/QUOTE] IMO, restraining a child who is avoiding is absolutely ridiculous, I know that
if you restrained Sharlet for avoiding, next time she would avoid ten times
more. I'm disgusted at the idea of restraining being used for this. I am
sorry to hear this has happened to your child and I hope you can sort ot out
soon. Take care.

I totally agree, that restraints should NOT be used with Luke. It's my number one priority to get this changed as soon as possible.

thank you all for your help and support!

kelly

Call an IEP meeting and ask that a formal Behavior Intervention Plan be written into the IEP. Make SURE that no plan has the use of restraints in it. Instead, have the plan delineate what steps teachers and staff should take for the avoidance behavior. In order to know WHAT to include in the plan to decrease avoidance, it's imperative that they KNOW what is causing the avoidance. A Functional Behavioral Assessment will tell them that. Based on that knowledge, the psychologist can come up with a BIP that is reasonably calculated to work -- and one that has NO RESTRAINTS as part of it.

Hi Tzoya,

Luke does have a formal BIP. It does state what to do to be proactive, however it also states that as a last resort restraints can be used by trained staff. That's the part of it that we want taken out.

He just had a new BIP and FBA completed by a behavioral pscyh because we weren't happy with the one's the school did for Luke.

At the time when we signed off on it, we were under the impression that restraints were used only if Luke was violent/causing harm towards someone/himself. However, we found that restraint was being used when Luke was having avoidance behaviors, so we now want it changed....

We have another meeting scheduled for the end of Sept to go over this. Hopefully we won't have to bring in an advocate again.

kelly

I belong to a Listserv of Sped Advocates and Atty's and this very, very well-respected NYC atty posted this. I thought it might be helpful for those concerned about aversives:

PLEASE FORWARD/CIRCULATE WIDELY WITHOUT FURTHER PERMISSION FROM THE AUTHOR:

http://familiesagainstrestraintandseclusion.blogspot.com/200 7_08_01_archive.html

A new group has been formed - Families Against Restraint and Seclusion - to
end restraint and seclusion (i.e., time out room) abuse of kids with
disabilities in schools and residential placements. They have a survey for
parents/guardians of kids who have been physically restrained and/or
secluded in day and residential schools, which can be found at:
http://familiesagainstrestraintsandseclusion.blogspot.com/.

I cordially invite you to fill out the survey. This is the first nationwide
effort to gather information regarding the use and abuse of physical
restraints on children with disabilities in day and residential schools. It
is vitally important to document the abuse - if survey responses show it is
widespread, the data will be very helpful in trying to end the abuse.

This may be the only way that many parents can fight back against school
abuse of their disabled kids.

Let's go for it.

Dee Alpert, Publisher
SpecialEducationMuckraker.com
http://www.specialeducationmuckraker.com

Get the private psyche to write SPECIFICALLY when restraints can be used and when the cannot (MOST of the time). The truth is, I'd try to get the restraints completely written out. I'd also ask to be given, in writing, the specifics of the staff training in aversives. Restraining a child can harm him AND the staff. Read each and every line of the BIP and cross out anything you don't agree with. Let the District take you to a hearing if they don't agree. If they take you to a hearing, the burden of proof will be on THEM to show that the restraints are NECESSARY for your child to receive a FAPE. Using restraints for mere disobedience is unnecessary, unwise and (in some states) against the law.

thank you so much for your advice! This helps alot.

OMG horrible. They have a no touching rule with my daughter.We and they use postive reforcements and a and b choices then c-office.

Awesome!! Thank you!!!

THAT IS SO SAD!

Please give your son a big hug that I am sending him.

You are obviously dealing with people in a situation that have NO idea what is acceptable.

That is a big red flag that they have the wrong plan to handle him. ANd I am getting a big scary sense that these people are thinking that Behavior modification is needed to "fix" him.

At my daughter's IEP I requested a school nurse, a speech person, the gym teacher, and anyone else that would be in contact with her around people. I explained that she needs a CALM environment.

I had her in a school last year with a new principal and teacher that thought removing her from class to do her work alone in the office was okay.

My Psych said that that was bad and what you are standing against is bigger mountain.

Get lots of information and then march in and stand tall for your son. Maybe take a Psychiatrist with you. Maybe record your meetings and get a copy of the new paper signed with this new and later date. SO YOU HAVE PROOF of the change.

This is exactly what happened to my daughter the second day of kindergarten!!!
They used the basketweave hold on her. My niece was witness to it and she felt so awful she started crying. My daughter was trying to take off and that's when they restrained her... 2 teachers....1 on each arm. The principal assured me that they are trained to do this, but we don't have restrain anywhere in her IEP, nor do we have BIP as of yet. (working on it).
I felt awful about it.... had such high hopes for kindergarten.

Mary

[quote=Allegra250] IMO, restraining a child who is avoiding is absolutely ridiculous, I know that
if you restrained Sharlet for avoiding, next time she would avoid ten times
more. I'm disgusted at the idea of restraining being used for this. I am
sorry to hear this has happened to your child and I hope you can sort ot out
soon. Take care. [/quote]
She really doese sound like me, M'lady
Serge16539340.6639814815

I feel for you Mary. Unfortunately, alot of people on this site all seem to have alot of similar problems with the school system. It just is such a horrible way to start off the year. I hope your daughters year gets better.

kelly

ok,,so Luke's school used restraint on him on Wednesday!! I am beyond ticked off.

Worst part-I did not get a detailed report of what happened.

I pick Luke up from school each day. On Wednesday,I picked him up, and his aide said "he had a kind of rough morning, then the rest of the day was great"....so I just thought no big deal...

we were walking home and Luke said , "Mom, Look at my wrist"...so I did and it was RED. I said, "what happened" he said, "they had to restrain me because I didn't want to do work"....I immediatley started to flip through his communication book and found a handwritten not that said he had to be restrained. It lacked details of what led up to the restraint, who did it, and what type of hold and for how long. (we are working on getting restraint taken out of his IEP)

I was FURIOUS.

I was so TICKED

This teacher did say that Luke came to her room already "upset and not wanting to do work" and that he "verbalized that he wasn't ready to go back to his room yet"...however she still pushed him!!! Luke's been so good about verbalizing his needs and she disregarded his communication.

I don't know why I'm writing all of this. I probably sound like a raging lunatic, but if anyone is out there reading it, thanks! I guess I just wanted to vent. The whole process of dealing with schools (in kindergarten, first, and now second grade) is really wearing on me. I guess the fight always continues...so , I'm sending out big hugs to everyone out there going through the fight.

kelly