FW: End Seclusion in Georgia- Last Chance for Written Comment

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If you haven’t already written, this is your LAST CHANCE! Debbie Dobbs, MSMaster of ScienceEducational Consultant & Child AdvocateHealth Care Consulting Services cell faxdebbie@...www.debbiedobbs.com Join me on LinkedIn http://www.linkedin.com/pub/debbie-dobbs-ms/14/835/14a CONFIDENTIAL & PRIVELEGEDInformation contained in this communication is confidential and privileged. It is not meant to represent legal or medical advice, but rather advice given based on my knowledge as the parent of a child with disabilities, a trained Parent Advocate by the GA Advocacy Office, a member of the Council of Parent Advocates & Attorneys, by working in the medical industry for over 20 years, training received from Pete on Special Education Law and Advocacy, and medical coding and documentation courses. Please do not forward without my permission. Hey Folks, In celebration of the independence of our great nation, let me invite you to use GAO’s written comment to GADOE to inform writing and submitting your written comments on Rule 160-5-1-.35 which are due July 5th, 2010. Or you could use this template- please cc our office and contact me if I can be of any assistance. Thanks, K. Lipson, JDDirector, Parent Leadership Support ProjectThe Georgia Advocacy OfficeOne Decatur Town Center150 E. Ponce de Leon Ave., Suite 430Decatur, GA 30030(404) 885- 1234 or 1 (800) 537- 2329 (voice or TDD)llipson@...www.thegao.org July 2, 2010 VIA E-Mail to state.superintendent@... and policy@... and US Mail Brad State Superintendent of Schools2053 Twin Towers East205 Hill Jr. Drive, SEAtlanta, GA 30334 RE: GDOE’s Initiated Rule 160-5-1-.35 “Seclusion and Restraint for all Students” Dear Superintendent : The Georgia Advocacy Office (“GAO”) thanks you for this opportunity to provide comment regarding the Georgia Department of Education’s (“GDOE”) Rule 160-5-1-.35 “Seclusion and Restraint for all Students” (“Rule”). GAO appreciates the concern and effort of the GDOE and the State Board of Education (“Board”) in developing this very important rule. Additionally, we appreciate the interest the Board has taken in this rule and in meeting with members of the Safe Schools Initiative, of which the GAO is the lead partner. The Georgia Advocacy Office (“GAO”) is a private, non-profit organization mandated under federal law to provide protection and advocacy services to people with disabilities throughout the state of Georgia. Our highest priority under that mandate is the protection of people from abuse, neglect, and death. Under our federal statutory authority, we regularly investigate the harms and, in some cases, the deaths caused by the use of restraint and seclusion on children. Restraints and seclusion are neither educational nor effective. In our investigations into the use of restraint and seclusion, we have witnessed Georgia schools restraining children with Velcro, duct tape, handcuffs, and hog-ties. We have seen schools lock children in windowless cells, in storage closets, and even in a plywood box in a principal’s office. We have seen unspeakable acts of harm perpetrated against students. We are committed to seeing the end of the dangerous practice of restraint and seclusion, and we share a desire to develop a rule that keeps children safe while, at the same time, fostering positive learning environments. We are encouraged by the support of the Board for this rule in its current form. However, one key safeguard is noticeably missing: there are no provisions for reporting incidents of restraint beyond informing parents. Oversight, data collection and analysis are pivotal in identifying schools that need additional support to appropriately maintain a safe educational environment. Without these provisions, the current culture of silence and absolute lack of information and transparency will continue. We need not only information as to particular programs and districts relying on these dangerous practices routinely but also what other programs and districts are exemplars and should be role models for proactive and effective support of all students, and who reject the use of restraint. Although some would argue to leave these particular provisions to the mandate of the federal government, we urge our Georgia leadership to continue advocating evidence-based educational practices that rest on a solid foundation of data. If the current federal legislation is enacted, and that is an unknown, the earliest data collection would be 2013- 2014. Specifically, we offer the following language as an example of how the rule might be strengthened to include reporting and data collection:Paragraph (3): Data and Enforcement (A) Each local and regional public school and all other educational programs must submit their written policies and procedures as required in (2)(g)1.-4. to the Georgia Department of Education for review and approval.( If, by 2012, the federal government fails to mandate data collection, each local and regional public school and all other educational programs that implement the use of restraint shall:(a) Record each instance of the use of physical restraint and the nature of the emergency triggering the use of restraint, the staff member implementing the restraint, the length of the restraint, the type of restraint and whether a student or staff member was injured during the restraint;( File yearly reports including all instances of restraint and the application of the procedures of this rule and compliance with the terms of this rule. This report shall be submitted to the Georgia Department of Education and shall identify each local and regional public school or educational program in which the restraint occurred.© The Georgia Department of Education may initiate a compliance review of any system or program based upon its review of the yearly report or any reported incident of injury or death.As expressed in our previous public comment to the GDOE (which is attached), we continue to have concerns regarding Clause K of the Rule. This provision explicitly absolves schools and their employees of liability when they harm a student by violating this rule. The “discretion” afforded to school personnel is highly subjective and can vary from employee to employee and school to school. Thus, GAO recommends that Clause K be stricken in its entirety so as to avoid any attempt by school systems to use their “discretion” to apply physical restraints that can be illegal and inappropriate to students.Finally, as noted earlier in this letter, GAO is the lead partner in the Safe Schools Initiative aimed to end the dangerous practice of restraint and seclusion in Georgia public schools and educational entities. The Safe Schools Initiative hosted a series of public forums and webinars across the state over the past nine months. We had over 300 concerned citizens, community members, advocates, and school personnel attend these forums and share their concerns regarding restraint and seclusion, as well as the Rule. We have summarized some of the recurring comments heard during the forums and thought you might be interested in what they were. These include: · Restraint and seclusion are dangerous practices. Students and school personnel are harmed by the use of these practices.· Restraint and seclusion contradict academic success. Time in seclusion means less instruction time.· Restraint and seclusion do not teach students positive behaviors.· Restraint and seclusion should never be used as punishment.· The proposed rule is important and necessary and should be a DOE priority.· All students need to be educated in an environment that is safe and welcoming.· The rule should include clear definitions of restraint, seclusion, and time-out.· Teachers and other school personnel need to be trained in positive behavior supports, early-intervention, and de-escalation strategies.· The rule needs to include accountability measures and data collection requirements.· The rule should require parental notification and better communication between schools and families. Again, thank you for the opportunity to provide input on this Rule. We look forward to continuing to work with you to help keep Georgia students safe. Sincerely, Ruby K. Executive Director Enclosures cc: Allan MeyerInterim Director, PolicyGeorgia Department of Education 2053 Twin Towers East205 Hill Jr. Drive, SEAtlanta, GA 30334 Garry McGiboney, Ph.D.Associate SuperintendentInnovative Instruction 1752 Twin Towers East205 Hill Jr. Drive, SEAtlanta, GA 30334gmcgiboney@... O'HaraDirector, Special Education Services1870 Twin Towers East205 Hill Jr. Drive, SEAtlanta, GA 30334nohara@...Kim HartsellDirector, Special Education Supports1870 Twin Towers East205 Hill Jr. Drive, SEAtlanta, GA 30334khartsell@...