Fwd: [DownSyndromeIndianaparents] Fw: Preventing Harmful Restraint and Seclusion Act

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Great News

 

The Preventing Harmful Restraint and Seclusion in Schools Act (HR 4247) passed the House of Representatives Committee on Education and Labor by a vote of 35-10. Thank you for your advocacy work.

 

Action Needed

 

Go to http://capwiz.com/ndsccenter/utr/1/IQKWLZWWCA/FBIKLZWWGW/4646563606 for important information on how to contact your Senators and Representative

 

Our efforts on this important legislation must continue.  It now needs to pass the House of Representatives and we need it to start moving in the Senate.  There are national school administrators groups opposed to this legislation.  Many want to be able to put these harmful practices in student's Individualized Education Programs (IEP).  We must not allow this to happen!  For a copy of a " no restraint " letter to send to the school district, please contact susan@....  The National Disability Rights Network is disseminating the following to explain to parents why it is so important not have these dangerous practices included in IEP's:

 

Using an Individualized Education Program (IEP) to authorize the use of restraint or seclusion for a student is wholly inappropriate, can deny students and parents important rights, and improperly has the effect of sanctioning the repeated, routine use of dangerous and unnecessary restraint and seclusion techniques. 

The Individuals with Disabilities Education Act requires public schools to develop an IEP for every student with a disability who is found eligible under federal and state requirements. The IEP must be designed to provide the child with a free appropriate public education (FAPE). The IEP refers both to the educational program to be provided to a child with a disability and to the written document that describes that educational

program. Since restraint and seclusion do not constitute a program, treatment, therapy, or services and may actually deny a student FAPE, restraint and seclusion cannot be included in an IEP.

However, the IEP, as well as the Behavior Intervention Plan (BIP) which is part of an IEP, should include positive behavioral supports and other services, supports and assistance to prevent restraint and seclusion and to provide a student with FAPE. In addition, the IEP should include a trauma-informed care plan, if appropriate, which describes what special needs a student may have because of the nature of their disability or prior trauma.

If you would like more background information, the following materials are at www.tash.org, down the right side:

 

Survey results; restraint and seclusion use in public schools

HR 4247 and S 2680

Fact Sheet about the legislation

Myths and Facts

 

We will keep you informed as this bill moves through Congress.

 

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