General Interest > Tacitus' Realm
Maine schools: discipline, seclusion, restraint policies
Ursus:
Another article by the same reporter, apparently also dealing with the aforementioned Maine panel. Unless there are multiple panels (there may well be). At any rate, this is all related to Congress's "Keeping All Students Safe Act," currently stalled...
After finding her son restrained under alarming conditions, this parent got politically involved:
Herb also has agreed to sit on a panel that's being convened by the Maine Department of Education to update restraint regulations that many say are unclear, lack necessary oversight and are potentially harmful to children. At the same time, Congress is considering a bill, known as the "Keeping All Students Safe Act," that would establish the first minimum federal standards for how teachers can restrain or seclude students.
The Maine panel has been in the works since May 2009, when a bill to prohibit face-down restraints failed to win support in the Legislature's education committee. The committee asked the department to review its regulations and investigate disparities in how restraint policies are implemented across the state. A report is expected early next year.[/list][/size]
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Maine Sunday Telegram — The Portland Press Herald
Posted: October 10, 2010 · Updated: Today at 8:11 PM
Maine reviews school policies on restraining
As federal legislation stalls, the state tries to create rules that are consistent and safe.
By Kelley Bouchard kbouchard@pressherald.com[/i]
Copyright ©2010 MaineToday Media, Inc.
Watchful Yeoman:
--- Quote ---Even the long-accepted clinical term, "therapeutic restraint," is being called into question. The proposed federal legislation explains the shift in thinking: "Research confirms that physical restraint and seclusion are not therapeutic, nor are these practices effective means to calm or teach children, and may have an opposite effect while simultaneously decreasing a child's ability to learn."
--- End quote ---
And these dummies are just figuring this out now? No wonder there's so much rampant abuse in the "teen help" business. This makes my head hurt.
Ursus:
Sidebar from the above article, "Maine reviews school policies on restraining":
--- Quote ---INCIDENTS INVOLVING RESTRAINED STUDENTS
This shows the number of teachers and education technicians in each district, the number recently trained to do physical restraints; and the number of restraints reported in 2009-2010:
Portland: 750 teachers and ed techs; 110 trained personnel; 59 restraints.
Scarborough: 400 teachers and ed techs; 50 trained personnel; 27 restraints.
South Portland: 400 teachers and ed techs; 59 trained personnel; 63 restraints.
Westbrook: 317 teachers and ed techs; 47 trained personnel; 31 restraints.
Federal report on seclusions and restraints
http://www.gao.gov/products/GAO-09-719T
Pending federal bill on seclusions and restraints
http://www.govtrack.us/congress/bill.xpd?bill=h111-4247
Copyright ©2010 MaineToday Media, Inc.
--- End quote ---
[/list]
See also: Maine's rules on restraining students
Ursus:
Maine's Rules on Restraints
Proofed 4/23/02
05-071 DEPARTMENT OF EDUCATION
Chapter 33: REGULATIONS GOVERNING TIMEOUT ROOMS, THERAPEUTIC RESTRAINTS AND AVERSIVES IN PUBLIC SCHOOLS AND APPROVED PRIVATE SCHOOLS
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Section 1. In General
1.1 Policy and Purpose
These 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 Required
Each 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 Documentation
Each 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 Timeout
Removal 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 Room
A 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 restraint
Therapeutic 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 room
Timeout 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 rooms
Use 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 supervision
Students in a timeout room shall be directly observed at all times by a staff person.
3.4 Physical Characteristics
Timeout 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 restraint
Appropriately 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 restraint
Use 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 Exclusions
Protective 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 Prohibited
The 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 Training
Except 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 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.
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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"
Ursus:
Comments left for the above article, "Maine reviews school policies on restraining" (by Kelley Bouchard; Oct. 10, 2010; The Portland Press Herald), #s 1-20:
nikonwilly said... October 10, 2010 at 3:23 AM
Stay home and take care of your child,stop expecting the schools to do your job. Post traumatic stress syndrome ? Sounds like someone has their own,over protective,obsessive behavioral issues!goinbroke said... October 10, 2010 at 7:37 AM
Our school system is a disaster. Kids that need to be restrined...don't need to be in class. Lets start thinking about teaching the kids that want to be in school and let the parents take care of the kids, at home, that need all the special attention. How much of our resources do we allocate to these situations? Its a straight up rip off of the system. Looks like Ms mon is on the way to her lawyers office for a pay day.merrywidow said... October 10, 2010 at 8:02 AM
For once, I totally agree with Nikon Willy. Also with goinbroke. Kids who cannot behave and not cause constant chaos should stay home and let Mom homeschool them.Z2V0cmVhbE1F said... October 10, 2010 at 8:13 AM
Stay at home and take care of our children?? How absurd!! How would she afford her Iphone...or her Volvo SUV??Daughter said... October 10, 2010 at 8:25 AM
I wonder how the parent of the other student involved in the "minor scuffle" feels? I am sure s/he's not happy about her/his primary school child being attacked on the playground. If I were him or her, I would expect the staff to do everything in their power to keep my child safe, even if it means holding the unsafe student. I love how the newspaper just casually mentions "minor scuffle" on the playground! How many K-2nd graders are involved in "minor scuffles" on the playground?! Why not share the details of what your son did to necessitate being held for his safety and the safety of those around him?!mtc said... October 10, 2010 at 8:27 AM
First off the kid isn't going to get PTSD from what happened to him. This woman is looking for a cash cow at tax payers expense. Teachers need to be trained on how to restrain a child properly so this stuff doesn't happen. Some kids do need to be carefully restrained unfortunately there is a very thin line that crosses into possible abuse. Teachers also need to stop using punitive and shame and bullying tactics to control their classrooms in the first place.Dontwanna said... October 10, 2010 at 8:30 AM
I can't believe that there is so little compassion for children and the family of children with disabilities. Autism isn't a voluntary condition. Children with autism need school and trained educational professionals to learn how to be like other children. You can't teach them by keeping them hidden at home with parents who are already doing everything they can to help their child. The idea that a child with a disability who needs extra help should be kept hidden at home or at an institution is archaic and wrong. A community that does not care for its children with disabilities isn't much of a community. If you had ever had kids you might have just a little concern for someone other than yourself.henryelm said... October 10, 2010 at 8:46 AM
one or two decades ago these sometimes volatile children would be in residential or day treatment at a cost of $60,000-$120,000 PER pupil to taxpayers. Schools hearing the tax payers pleas for lower taxes and restained budgets developed their own programs to accommodate children( and reduce the costs to taxpayers) in the local schools. Instead of paying $60,000 each to accommodate 4 childern' s needs in day treatment else where to the tune of $240,000 +, they might hire ONE teacher and 3 ed techs and create their own program to meet the 4 children's needs better and at half the cost. YUP special ed staffing would INCREASE by 4 staff members BUT costs to taxpayers would DECREASE by more then half.seward said... October 10, 2010 at 8:51 AM
Mainstreaming people with special needs is a recipe for disaster and everyone suffers.henryelm said... October 10, 2010 at 9:00 AM
It was creative problem solving that was win win for all. The children obtained a better less isolated more individualized educational program Parent had children closer to home and integrated with neighborhood children. And taxpayers saved half the costs. BUT staffing DID increase as a result. Instead of paying $240,000+ to pay Spurwink or Sweetser staff for residential or day treatment ,$100,000 was spent to add 4 more staff people. That is NOW characterized as "adding staff while loosing students", without understanding spurwink and sweetser staff were in the budget, just not counted as "on the payroll". The result has been more staff BUT lower taxpayer costs by at least half.Ayuh23 said... October 10, 2010 at 9:03 AM
Without personally knowing the staff at Pleasant Hill or the child in the article, it is difficult to comment, other than to say that it is clear that this child needs more than a public school can offer. I feel sure, however, that there was no malice on the part of the staff to "humiliate" a child with autism into compliance. It was more like self defense. Teachers are attacked by children who are out of control on a regular basis. It's not the child's fault, but it demonstrates that the child's needs are not being met and an alternative setting must be found before someone gets seriously hurt. Unfortunately, there are special education directors who won't or can't spend the money to put the child in the appropriate program, or parents who can't admit their child is impaired enough to need such a program.henryelm said... October 10, 2010 at 9:12 AM
Because these children had higher needs, additional expertise and training ( both with additional costs) were needed. This too was characterized as "increased costs in the budget with fewer children". These too, were costs that were already in the budget, but just going directly to spurwink and sweetsir instead in that $240,000 cost (for PT , OT, etc) All used to characterize "an explosion on special ed cost in the last deacade" by those who didn't know what they were talking about.goinbroke said... October 10, 2010 at 9:18 AM
Seward is correct on his observation that mainstreaming is a complete failure. We need to overhual the education system. its cost too much and does too little.henryelm said... October 10, 2010 at 9:23 AM
Some of that additional training included how to teach social skills ,develop behavioral programs and deescalate children who are sometimes a danger to themselves and others, including how to safely restrain a child from doing harm to THEMSELVES or others when necessary. It include prevention training. How to KEEP a situation( or child) FROM escalating. Most of the time it works to AVOID using physical restraint.henryelm said... October 10, 2010 at 9:38 AM
I would venture to guess that restraint are used far less often in mainstream public school programs than in residential or day treatment. And I would also venture to guess they are used most frequently to protect the child from doing harm to themselves. To those who say "well they shouldn't be in school" you are also the first to say we need to reduce school costs. Are taxpayers really going to tolerate the added costs or residential or day treatment at $60-120,000 a year per student ?? You already have no tolerance for "the explosion of special ed cost in the last decade "that saves you half of that "cost"???unitetofight said... October 10, 2010 at 9:43 AM
so her kid hits a teacher and it's okay, but the teachers try to restrain her child and they're the problem?!?!?!?! what a selfish broad.Ayuh23 said... October 10, 2010 at 9:48 AM
Listen to what henryelm says- there are no easy or cheap solutions to helping children with special needs. The parents can't begin to do it alone and the school is mandated by both federal and state laws to provide an education. The cost to the community is great. So yes, fewer kids, higher expenses- but not the union's fault. These kids are with us, they are not going away and they will grow up- what then?Dhiff said... October 10, 2010 at 9:51 AM
Just another reason to ask why anyone would want to be a teacher in today's society.henryelm said... October 10, 2010 at 9:53 AM
yup schools who provide a free public education to all are in a continuous balancing act--trying to meet the needs of ALL students(in the least restrictive environment), and ALL parents and ALL taxpayers. It's hard to get that balance right at all times. So will the pendulum swing back to more costly, more isolated residential and day treatment??? Should it??? Would that have been better for Zeke??It appears he's being restrained at the very same rate in new gloucester as he was at scarboro.henryelm said... October 10, 2010 at 10:04 AM
public schools stepped up to the plate and said we can create our own programs for these high needs kids. It will be better for them AND we can do it cheaper and save tax payers and the state money. And people STILL complain about the costs. Schools can't win, maybe they will just stop trying to "win" and to accommodate everyone's needs.
Copyright ©2010 MaineToday Media, Inc.
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