I wrote the following story for a class. This story is true but i changed the names for the privacy of the individuals mentioned.
I have heard studies have been done showing that smell is the sense tied longest to our memory but I know that I will never be able to forget the sound that Jamie's leg made when it broke.
It was 5:15 in the morning my body was screaming in pain of tiredness begging for sleep as the alarm clock radio clicked on playing tunes of happiness that I could only pretend to have. I quickly turned off the radio and jumped out of bed. My driving force at this point, fear not only the fear of waking my roommates but the fear of being considered a heretic for any longer. Hurriedly I jumped into my gym shorts and athletic shoes. I had no time to waste I was a mindless slave to an unfriendly routine. I met the others by the steps where we waited silently for our punishment. Jamie was one of the other students waiting. I can’t say at the time I really cared for him. I cannot give a valid reason for not liking him other than that he often got confronted by teachers and other students and I usually joined in on this traditionally accepted group hazing. I was also mostly glad that it was him taking the heat rather than myself. We began our work out when a faculty member arrived which was apparently the only legal way in which we were allowed to have 5:30 workouts. Wearing his nicely pressed khakis, blue shirt with a white collar and pink tie the assistant dean told us to start with lunges up the stair case that led up to the administration building. This is the same stair case that we will walk up the on day we graduate. However that day was not this day and because my attitude at the time was less than satisfactory with the schools expectation I was lunging up them. After the three sets of lunges on the stairs we were told to then do sprints. At this early in the morning my body is used to me still being asleep and because of this the acids in my stomach went into shock. I began to vomit while running sprints I paused briefly during the work out to purge stomach acid into the nearest bush and then I quickly jump back into line sprinting up the steps. My legs were screaming in pain by the time I got to the bottom of the stairs to catch my breath. We started up again with star jumps which are also very harsh on the legs. After 25 synchronized star jumps we matched up with someone close to our weight. I got stuck with Greg who was closest but still had a good 30 pounds on me. I knew exactly what was coming next and just wanted to cry. I knew I’d be limping for a few days after this. Jamie was the first to ascend the stairs with another student on his back I followed carrying Greg on my back. We hit the grass patch right before the next set of steps when it happened. I heard a pop and a crack Jamie fell right in front of me. “Oh fuck! Oh shit!” he screamed. The assistant dean came over to see why Jamie was screaming. Everyone else stopped to see what had happened. I saw what had happened and I know what had caused this to happen. Here was a school who’s idea of getting 16 year old kids to behave was by having them workout to a very unhealthy point. They were not allowed to beat us but to tell you the truth what they did instead was worse it was not uncommon to see kids walking around with crutches or their arm in a sling. I witnessed a lot of abuse from kids doing iso-abs till their arms bled to kids being forced to stand in the snow in their underwear. As I get older I try to forget about this past but I will never forget the sound Jamie’s leg made when it broke.
Did his parents sue? Making students carry 120-200 lbs on their backs as they re sprinting up stairs untill someone's leg breaks........ wow.
It would appear that "Dah Rules" from the Maine Dept. of Education, admittedly
my interpretation thereof, should prohibit use of punitive "exercise" (such as that described above) as a means of behavior modification and/or discipline. Specifically,
Section 5. Aversives
5.1 Use of Aversive Therapy or Treatment Prohibited
A school administrative unit or an approved private school may not use aversive therapy or treatment in order to modify or change a student's behavior. Aversive therapy or treatment includes the application of unusual, noxious or potential hazardous substances, stimuli or procedures to a student. Such substances, stimuli and procedures include but are not limited to: water spray, hitting, pinching, slapping, noxious fumes, extreme physical exercise, costumes or signs.[/list][/size]
Here's that entire section, documentation downloaded from Maine.gov:
cache-------------- • -------------- • --------------
05-071 Chapter 33 page 505-071DEPARTMENT OF EDUCATION[/list]
Chapter 33:REGULATIONS GOVERNING TIMEOUT ROOMS, THERAPEUTIC RESTRAINTS AND AVERSIVES IN PUBLIC SCHOOLS AND APPROVED PRIVATE SCHOOLS[/list]
Section 1. In General
1.1 Policy and PurposeThese regulations establish standards for the use of separate, isolated timeout rooms and the use of therapeutic restraint when the behavior of a student presents a risk of injury or harm to the student or others, significant property damage, or seriously disrupts the educational process and other less intrusive interventions have failed. Nothing in these rules would require an SAU or approved private school to construct or use a timeout room or implement a program of therapeutic restraint. Schools that are licensed as residential child care facilities or mental health treatment centers and governed by other state standards shall comply with the higher standard. Nothing within these rules limit the protections of individual students under applicable special education standards.
1.2 Local Policy RequiredEach School Administrative Unit and each approved private school shall develop local policies and procedures relating to the use of timeout rooms and therapeutic restraint prior to initiating such interventions in their schools. School Administrative Units and approved private schools which have local policies and / or permit the use of timeout rooms and / or therapeutic restraint shall revise existing policies or develop policies consistent with these rules within 90 calendar days of the effective date of these rules. These policies and procedures shall be developed with input, as needed, from representatives of related disciplines such as special education, psychology, school psychology, social work and / or counseling. SAUs and approved private schools shall establish a process to review, at least annually, the use of timeout rooms and therapeutic restraint and to make recommendations as necessary to the governing body for changes in local policy.
1.3 DocumentationEach use of a timeout room and / or therapeutic restraint shall be documented. The documentation shall include at a minimum, the date and time of initiation, the time of termination, the student, the location, the antecedent events prior to the behavioral episode, the behavior that resulted in the use of timeout and / or therapeutic restraint, the type of intervention, and the staff person(s) involved in the use of timeout and / or therapeutic restraint. This documentation shall be written as soon as practical after the incident and provided to the program administrator or designee within 2 school days of the incident. The program administrator or designee shall inform the parents or guardians of the use of timeout or therapeutic restraint as soon thereafter as practical.
Section 2. Definitions
2.1 TimeoutRemoval to a timeout room is a therapeutic intervention to bring the behavior of a student presenting a risk of injury or harm to self or others or significant property damage under control. The purpose of the use of timeout rooms is to reduce the frequency and intensity of harmful behaviors, to permit the student to regain his or her composure and to assist the student to return to the learning environment. Timeout includes requiring a student to leave the classroom, playground, or other educational setting and go to a designated timeout room for a period of time specified in these rules and local policy. For purposes of these rules, timeout is limited to a designated timeout room. The term does not include disciplinary actions imposed by a school administrator or teacher / staff imposed behavior interventions. Examples of disciplinary actions imposed by a school administrator include, but are not limited to, detention and "in school suspension." Examples of teacher / staff imposed behavior interventions include, but are not limited to, requesting a student to sit in a "quiet chair" within the classroom, directing a student to put his / her head on their desk, sending a student to the principal's office, etc. These exclusions may not be used to circumvent the intent of these rules.
2.2 Timeout RoomA time out room is a designated space, separate from a student's classroom, which is used to isolate a student from his or her peers and school activities. All timeout rooms will meet the standards specified in these rules.
2.3 Therapeutic restraintTherapeutic restraint is the use of a therapeutic physical intervention with a student by an appropriately trained staff person to prevent injury or harm to the student or others. Title 20-A, §4009 permits staff to use a reasonable degree of force to intervene and control emergency situations. Nothing in these regulations applies to any conduct by a school official that would otherwise be covered by the legal protections of 20-A MRSA §4009.
Section 3. Time Out Room
3.1 Limitations on the use of timeout roomTimeout rooms shall be used consistent with local policy to reduce dangerous behaviors and only after less intrusive interventions have failed. Timeout rooms may be used for either an emergency intervention or as part of an intervention plan. Local policy will determine when a pattern of the use of timeout rooms requires referral to the appropriate intervention team and / or the development of an individualized intervention plan. Parents or guardians shall be involved in the development of any individualized intervention plans. Timeout rooms shall not be used for punitive purposes, staff convenience or to control minor misbehavior.
3.2 Time limitations on the use of timeout roomsUse of timeout rooms shall be limited in duration to that time necessary to allow the student to compose him/herself and return to the classroom. The use of timeout shall be consistent with local policy and the student's individualized intervention plan but may not exceed one hour. If a student is still presenting dangerous behaviors after this period the use of timeout may be continued with written authorization of the program administrator or designee.
3.3 Adult supervisionStudents in a timeout room shall be directly observed at all times by a staff person.
3.4 Physical CharacteristicsTimeout rooms will be a minimum of 60 square feet with adequate light, heat, and ventilation and of normal room height. The door to the timeout room may not be locked, latched or secured in any way that would prevent the student from exiting the room. An unbreakable observation window shall be located in a wall or door to permit continuous observation of the student and any staff member in the timeout room.
Section 4. Therapeutic restraint
4.1 Permitted uses of therapeutic restraintAppropriately trained staff may physically intervene with a student to prevent injury or harm to the student or others. Therapeutic restraint may be used for either an emergency intervention or as part of an intervention plan. The intervention shall occur only after less intrusive efforts to control the behavior have been attempted. The intervention shall involve the least amount of physical contact necessary, shall be implemented consistent with the standards of a training program as specified in §4.5 and consistent with local policy. The use of therapeutic restraint shall require the presence of at least two adults at all times. Title 20-A, §4009 permits a single individual to use a reasonable degree of force in emergency situations to control or remove the student.
4.2 Time limits on the use of therapeutic restraintUse of therapeutic restraint shall be limited in duration consistent with local policy and the student's individualized intervention plan but may not exceed one hour. If a student is still presenting dangerous behaviors after this time period, the use of therapeutic restraint may be continued with written authorization of the program administrator or designee.
4.3 ExclusionsProtective equipment or devices that are part of a treatment plan prescribed by a physician or psychologist for treatment of a chronic condition are not prohibited by these regulations.
4.4 Mechanical or Chemical Restraints ProhibitedThe term "therapeutic restraint" does not include mechanical or chemical restraints used to control or modify a student's behavior. Chemical restraints include but are not limited to medication, noxious sprays or gases. Prescribed medication administered by a health care provider consistent with a student's health care plan are permitted. Mechanical restraints are prohibited.
4.5 TrainingExcept as provided by Title 20-A, §4009, individuals who implement or supervise the implementation of therapeutic restraint shall have successfully completed an appropriate training program in the identification and de-escalation of potentially harmful behaviors and the safe use of passive physical therapeutic restraints. This training includes, but is not limited to, Non-Abusive Psychological and Physical Intervention (NAPPI), Mandt, Crisis Prevention Institute, Therapeutic Crisis Intervention Training, and other training as determined appropriate by local policy.
Section 5. Aversives
5.1 Use of Aversive Therapy or Treatment ProhibitedA school administrative unit or an approved private school may not use aversive therapy or treatment in order to modify or change a student's behavior. Aversive therapy or treatment includes the application of unusual, noxious or potential hazardous substances, stimuli or procedures to a student. Such substances, stimuli and procedures include but are not limited to: water spray, hitting, pinching, slapping, noxious fumes, extreme physical exercise, costumes or signs.
-------------- -------------- --------------
STATUTORY AUTHORITY: 20-A MRSA §4502(5)(M)
EFFECTIVE DATE: July 29, 2001 - added as sub-section 17(D) to Chapter 125, "Basic Approval Standards: Public Schools and School Units".
EFFECTIVE DATE: April 27, 2002 - filing 2002-104 accepted March 28, 2002: sub-section 125.17(D) removed from Chapter 125 and established as new Chapter 33, "Regulations Governing Timeout Rooms, Therapeutic Restraints and Aversives in Public Schools and Approved Private Schools"
