Fornits

General Interest => Tacitus' Realm => Topic started by: Ursus on October 07, 2010, 12:10:46 AM

Title: Maine schools: discipline, seclusion, restraint policies
Post by: Ursus on October 07, 2010, 12:10:46 AM

The Portland Press Herald
October 3, 2010

Panel reviewing discipline in schools (http://http://www.pressherald.com/news/panel-reviewing-discipline-in-schools_2010-10-03.html)
Are Maine's laws vague and inconsistent or do they allow for discretion when appropriate?

By Kelley Bouchard · kbouchard@pressherald.com (http://mailto:kbouchard@pressherald.com)

Copyright ©2010 MaineToday Media, Inc.

Title: Re: Panel reviewing discipline in schools
Post by: Ursus on October 07, 2010, 10:39:10 AM

Sidebar to the above article, "Panel reviewing discipline in schools (http://http://www.fornits.com/phpbb/viewtopic.php?f=32&t=31336)" (by Kelley Bouchard; Oct. 3, 2010, The Portland Press Herald):

-------------- • -------------- • --------------

Federal bill would limit restraint, seclusion (http://http://www.pressherald.com/news/panel-reviewing-discipline-in-schools_2010-10-03.html)

How schools maintain order in the classroom is the focus of ongoing state and federal reviews of regulations.

Congress is considering a bill that would establish the first minimum federal standards for how teachers can restrain or seclude students who pose a danger to themselves or others.

Known as the “Keeping All Students Safe Act,” the legislation would limit the use of physical restraint and time-out rooms for all students. The House voted 262-153 to approve the bill in March. A companion bill has been introduced in the Senate.

The legislation follows a 2009 federal report that found hundreds of cases in which children were abused or died as a result of inappropriate restraint or seclusion in public and private schools.

Maine is one of 31 states that have adopted laws and regulations governing the use of restraint in schools. A bill to protect students from dangerous or abusive restraints and seclusion was introduced last year and the state Department of Education is planning to review related regulations.

On Sept. 10, the department issued an administrative letter reminding superintendents that restraining students in ways that hinder breathing or speech is prohibited.

The letter noted that federal and state agencies don’t track the use of restraint or seclusion. It also noted that schools must maintain a list of all employees who have received restraint training, and the list must include the date and type of training and the name and qualifications of the trainer.

Schools must amend local policies accordingly and notify staff.

Under current regulations, restraints and seclusion may be used as emergency interventions with any student or as part of a special education student’s individual educational plan.

They should be used by trained staff to reduce dangerous behavior after less intrusive interventions have failed, the regulations say. Restraint incidents must be reported to parents by phone or in writing on the day they occur. Seclusion should last no longer than an hour, must be observed at all times and cannot be used as punishment.

– Kelley Bouchard[/list]

Title: Comments: "Panel reviewing discipline in schools"
Post by: Ursus on October 07, 2010, 05:26:59 PM

Comments (http://http://www.pressherald.com/news/panel-reviewing-discipline-in-schools_2010-10-03.html) left for the above article, "Panel reviewing discipline in schools (http://http://www.fornits.com/phpbb/viewtopic.php?f=32&t=31336)" (by Kelley Bouchard; Oct. 3, 2010; The Portland Press Herald):

DefNotADem said... October 3, 2010 at 10:40 AM

So you are in a split family.... You go to moms house and she has a set of rules maybe a little strict you think. You go to dads house and his rules are no so strict. Is this wrong ??? NO. Kids know the rules of their environment and can and will adapt. We need to stop coddling these kids and worrying about what is "fair". They are turning into a bunch of sissies and will not make it in the competitive work world.S2lkc1JwZW9wbGUy said... October 3, 2010 at 10:56 AM

20 states school disciplinary practices promote violence and sexual abuse of children. Physical/Corporal Punishment is already illegal in schools in 30 states and prohibited by Federal law in prisons and juvenile detention centers. An Enfield, Conn. High School Teacher is facing sexual assault charges after being accused of spanking a female student in class in stark contrast to a recent incident where over a dozen high school girls in Alabama received "Spankings" for prom dresses that were too revealing. Note the disparity. For a real education of what is really happening to our children in our tax-payer funded schools simply type "A Violent Education" and "School is Not Supposed to Hurt" into an internet search engine to review recent shocking reports. Please don't allow our children's fundamental human rights to be Politicized. Please urge your U.S. Congress Rep. to Co-Sponsor/Support H.R. 5628 "Ending Physical/Corporal Punishment in Schools Act"

Copyright ©2010 MaineToday Media, Inc.

Title: Re: Panel reviewing discipline in schools
Post by: Ursus on October 10, 2010, 10:10:57 AM

Of pertinent interest:

See the latest tally of bad behavior in Maine schools (http://http://media.kjonline.com/documents/Maine+School+Prohibited+Behavior+09-10.pdf) (13p PDF; looks like it's public schools only)

See also this thread re. an accompanying article about a kid who got expelled from public school, and was consequently sent to Hyde:

PS student expelled for pot brownie sale, gets sent to HYDE
viewtopic.php?f=43&t=31338 (http://www.fornits.com/phpbb/viewtopic.php?f=43&t=31338)

Title: Instances of Prohibited Behavior in Maine Schools 2009?10
Post by: Ursus on October 11, 2010, 12:14:06 PM

Quote from: "Ursus"

Of pertinent interest:
See the latest tally of bad behavior in Maine schools (http://http://media.kjonline.com/documents/Maine+School+Prohibited+Behavior+09-10.pdf) (13p PDF; looks like it's public schools only)

Here's that Table, fwiw:

-------------- • -------------- • --------------

Instances of Prohibited Behavior in Maine Schools 2009?10
Violations of state and federal laws and school policies on assault, harassment, alcohol, drugs, weapons, etc.

Source: The Maine Department of Education[/list]

District — School - Total Incidents ... Expulsion with Services · Expulsion without Services · In-School Suspension · Out-of-School Suspension

Acton — Acton Elementary - 165 ... * * 41 12
Airline CSD — Airline Community - * ... * * * *
Alexander — Alexander Elementary - * ... * * * *
Appleton — Appleton Village - * ... * * * *
Auburn — Auburn Middle - 35 ... * * * 29
Auburn — East Auburn Community - * ... * * * *
Auburn — Edward Little High - 78 ... * * * 74
Auburn — Fairview - * ... * * * *
Auburn — Park Avenue Elementary - * ... * * * *
Auburn — Sherwood Heights Elementary - 16 ... * * 14 *
Auburn — Walton - * ... * * * *
Augusta — Cony - 400 ... * * *398
Augusta — Farrington - 65 ... * * 46 19
Augusta — Lillian Parks Hussey - * ... * * * *
Augusta — Lincoln - 11 ... * * * 11
Augusta — Sylvio J Gilbert - 24 ... * * * 24
Baileyville — Woodland Jr?Sr High - 10 ... * * * *
Bar Harbor — Conners?Emerson - * ... * * * *
Boothbay?Boothbay Harbor CSD — Boothbay Region High - 31 ... * * * 23
Brewer — Brewer High - 109 ... * * * 107
Brewer — Brewer Middle - * ... * * * *
Brewer — Capri Street - * ... * * * *
Brewer — Washington Street Bldg - * ... * * * *
Bristol — Bristol Consolidated - * ... * * * *
Brooklin — Brooklin - * ... * * * *
Brunswick — Brunswick High - 58 ... * * * 54

District — School - Total Incidents ... Expulsion with Services · Expulsion without Services · In-School Suspension · Out-of-School Suspension

Brunswick — Brunswick Jr High - 60 ... * * * 60
Brunswick — Coffin - 13 ... * * * 13
Calais — Calais Elementary - 17 ... * * * 16
Calais — Calais Middle/High - * ... * * * *
Cape Elizabeth — Cape Elizabeth High - 27 ... * * * 23
Cape Elizabeth — Cape Elizabeth Middle - 21 ... * * 16 *
Cutler — Bay Ridge Elementary - * ... * * * *
Dedham — Dedham - * ... * * * *
Deer Isle?Stonington CSD — Deer Isle?Stonington Elementary - 17 ... * * * 10
Deer Isle?Stonington CSD — Deer Isle?Stonington High - 12 ... * * * *
East Millinocket — enck High - 15 ... * * * 14
Easton — Easton Elementary - * ... * * * *
Easton — Easton Junior?Senior High - 28 ... * * 12 16
Erskine Academy — Erskine Academy - 21 ... * * * 21
Falmouth — Falmouth High - 12 ... * * * 10
Falmouth — Falmouth Middle - * ... * * * *
Five Town CSD — Camden Hills Regional H S - 53 ... * * * 53
Great Salt Bay CSD — Great Salt Bay Community - 18 ... * * 17 *
Greenville — Greenville Middle/High - * ... * * * *
Harmony — Harmony Elementary - 12 ... * * * 12
Hermon — Hermon Elementary - * ... * * * *
Hermon — Hermon High - 29 ... * * * 25
Hermon — Hermon Middle - * ... * * * *
Hope — Hope Elementary - * ... * * * *
Indian Island — Indian Island - * ... * * * *
Indian Township — Indian Township - 11 ... * * * *
Jay — Jay High - 13 ... * * * 13
Jefferson — Jefferson Village - 14 ... * * * *
Jonesboro — Jonesboro Elementary - * ... * * * *
Jonesport — Jonesport Elementary - 36 ... * * * 30

District — School - Total Incidents ... Expulsion with Services · Expulsion without Services · In-School Suspension · Out-of-School Suspension

Lewiston — Farwell Elementary - 38 ... * * * 36
Lewiston — Governor James B Longley Elem - 112 ... * * 33 79
Lewiston — Lewiston High - 124 ... * * * 124
Lewiston — Lewiston Middle - 73 ... * * * 69
Lewiston — Martel - 11 ... * * * *
Lewiston — Montello - 34 ... * * * 30
Lewiston — Raymond A. Geiger Elementary - * ... * * * *
Lewiston — Thomas J McMahon Elementary - * ... * * * *
Lisbon — Lisbon High - 33 ... * * * 33
Lisbon — Philip W Sugg Middle - * ... * * * *
Machias — Machias Memorial High - 70 ... * * 26 44
Machias — Rose M Gaffney - 10 ... * * * *
Madawaska — Madawaska Middle/High - 32 ... * * * 32
Maine Central Institute — Maine Central Institute - 73 ... * * 25 39
ME of Science & Mathematics — ME of Science & Mathematics - * ... * * * *
Medway — Medway Middle - * ... * * * *
Millinocket — Granite Street - * ... * * * *
Millinocket — Millinocket Middle - 30 ... * * 18 12
Millinocket — Stearns High - 12 ... * * 10 *
Moosabec CSD — Jonesport?Beals High - * ... * * * *
Mount Desert — Mt Desert Elementary - * ... * * * *
MSAD 27 — Fort Kent Community High - * ... * * * *
MSAD 27 — Fort Kent Elementary - * ... * * * *
MSAD 46 — Dexter Middle - 47 ... * * * 45
MSAD 46 — Dexter Primary - * ... * * * *
MSAD 46 — Dexter Regional High - 73 ... * * * 69
Mt Desert CSD — Mt Desert Island High - 42 ... * * * 38
New Sweden — New Sweden Consolidated - * ... * * * *
Orrington — Center Drive - * ... * * * *

District — School - Total Incidents ... Expulsion with Services · Expulsion without Services · In-School Suspension · Out-of-School Suspension

Portland — Casco Bay High - 37 ... * * * 35
Portland — Deering High - 110 ... * * * 104
Portland — King Middle - 21 ... * * * 13
Portland — Lincoln Middle - 113 ... * * 59 54
Portland — Lyman Moore Middle - 213 ... * * 156 57
Portland — Portland Arts & Technology H S - 90 ... * * 12 68
Portland — Portland High - 84 ... * * * 77
Robbinston — Robbinston Grade - 15 ... * * * *
RSU 01 — Bath Middle - 99 ... * * 29 70
RSU 01 — Bath Regional Vocational Center - * ... * * * *
RSU 01 — Morse High - 18 ... * * * 18
RSU 01 — West Bath - * ... * * * *
RSU 01 — Woolwich Central - * ... * * * *
RSU 03/MSAD 03 — Monroe Elementary - * ... * * * *
RSU 03/MSAD 03 — Morse Memorial - * ... * * * *
RSU 03/MSAD 03 — Mt View Elementary - * ... * * * *
RSU 03/MSAD 03 — Mt View High - 28 ... * * 13 12
RSU 03/MSAD 03 — Mt View Jr High - 22 ... * * * 11
RSU 03/MSAD 03 — Walker Memorial - 17 ... * * * *
RSU 04 — Oak Hill High - 25 ... * * * 24
RSU 04 — Sabattus Central - 19 ... * * * 18
RSU 05 — Freeport High - 100 ... * * 18 81
RSU 05 — Freeport Middle - * ... * * * *
RSU 05 — Mast Landing - * ... * * * *
RSU 05 — Morse Street - * ... * * * *
RSU 05 — Pownal Elementary - 11 ... * * 10 *
RSU 06/MSAD 06 — Bonny Eagle High - 180 ... * * 26 150
RSU 06/MSAD 06 — Bonny Eagle Middle - 135 ... * * 32 101
RSU 06/MSAD 06 — H B Emery Jr Memorial - * ... * * * *
RSU 06/MSAD 06 — Hollis - * ... * * * *

District — School - Total Incidents ... Expulsion with Services · Expulsion without Services · In-School Suspension · Out-of-School Suspension

RSU 06/MSAD 06 — Steep Falls Elementary - * ... * * * *
RSU 09/MSAD 09 — Academy Hill - * ... * * * *
RSU 09/MSAD 09 — Cascade Brook - 25 ... * * * 24
RSU 09/MSAD 09 — Mt Blue High - 197 ...* * 80 117
RSU 09/MSAD 09 — Mt Blue Middle - 61 ... * * 12 48
RSU 09/MSAD 09 — W G Mallett - * ... * * * *
RSU 10 — Buckfield Jr?Sr High - 42 ... * * * 42
RSU 10 — Dirigo Elementary - * ... * * * *
RSU 10 — Dirigo High - 100 ... * * * 99
RSU 10 — Hartford?Sumner Elementary - 67 ... * * 46 21
RSU 10 — Meroby Elementary - * ... * * * *
RSU 10 — Mountain Valley High - 32 ... * * * 30
RSU 10 — Mountain Valley Middle - 52 ... * * 11 35
RSU 10 — Rumford Elementary - * ... * * * *
RSU 10 — T W Kelly Dirigo Middle - 44 ... * * 25 19
RSU 11/MSAD 11 — Gardiner Area High - 38 ... * * * 34
RSU 11/MSAD 11 — Pittston Consolidated - * ... * * * *
RSU 12 — Chelsea Elementary - 11 ... * * * 11
RSU 12 — Whitefield Elementary - 11 ... * * * 11
RSU 12 — Windsor Elementary - * ... * * * *
RSU 12 — Wiscasset High - 19 ... * * * 19
RSU 12 — Wiscasset Middle - 14 ... * * 10 *
RSU 12 — Wiscasset Primary - * ... * * * *
RSU 13 — Georges Valley High - 20 ... * * * 20
RSU 13 — Rockland District High - 26 ... * * * 26
RSU 13 — Rockland District Middle - 73 ... * * 42 20
RSU 14 — Jordan?Small Middle - 22 ... * * 10 12
RSU 14 — Manchester - * ... * * * *
RSU 14 — Windham High - 43 ... * * * 34
RSU 14 — Windham Middle - 23 ... * * * 20

District — School - Total Incidents ... Expulsion with Services · Expulsion without Services · In-School Suspension · Out-of-School Suspension

RSU 14 — Windham Primary - * ... * * * *
RSU 15/MSAD 15 — Burchard Dunn Elementary - 12 ... * * * *
RSU 15/MSAD 15 — Gray?New Gloucester High - 279 ...* * 172 104
RSU 15/MSAD 15 — Gray?New Gloucester Middle - 52 ... * * * 48
RSU 15/MSAD 15 — Memorial Elementary - * ... * * * *
RSU 15/MSAD 15 — Russell Elementary - * ... * * * *
RSU 16 — Bruce M. Whittier Middle - * ... * * * *
RSU 16 — Elm Street - * ... * * * *
RSU 16 — Minot Consolidated - * ... * * * *
RSU 16 — Poland Community - * ... * * * *
RSU 16 — Poland Regional High - * ... * * * *
RSU 17/MSAD 17 — Agnes Gray - * ... * * * *
RSU 17/MSAD 17 — Guy E Rowe - 43 ... * * 11 24
RSU 17/MSAD 17 — Harrison Elementary - * ... * * * *
RSU 17/MSAD 17 — Otisfield Community - 13 ... * * * *
RSU 17/MSAD 17 — Oxford Elementary - * ... * * * *
RSU 17/MSAD 17 — Oxford Hills Comprehensive H S - 132 ... * * 49 77
RSU 17/MSAD 17 — Oxford Hills Middle - 65 ... * * * 63
RSU 17/MSAD 17 — Paris Elementary - 20 ... * * * *
RSU 17/MSAD 17 — Waterford Memorial - * ... * * * *
RSU 18 — China Middle - * ... * * * *
RSU 18 — China Primary - * ... * * * *
RSU 18 — Messalonskee High - 77 ... * * 19 55
RSU 18 — Messalonskee Middle - 13 ... * * * 13
RSU 19 — Etna?Dixmont - 15 ... * * * 15
RSU 19 — Nokomis Regional High - 45 ... * * 12 33
RSU 19 — Som Valley Middle - * ... * * * *
RSU 20 — Ames Elementary - 18 ... * * * *
RSU 20 — Belfast Area High - 78 ... * * 35 35
RSU 20 — Captain Albert W. Stevens - * ... * * * *

District — School - Total Incidents ... Expulsion with Services · Expulsion without Services · In-School Suspension · Out-of-School Suspension

RSU 20 — Edna Drinkwater - * ... * * * *
RSU 20 — Gladys Weymouth Elem - 14 ... * * * *
RSU 20 — Kermit S Nickerson - * ... * * * *
RSU 20 — Searsport District High - 17 ... * * * 11
RSU 20 — Searsport District Middle - 10 ... * * * *
RSU 20 — Searsport Elementary - * ... * * * *
RSU 20 — Stockton Springs Elementary - * ... * * * *
RSU 20 — Troy A Howard Middle - 51 ... * * * 45
RSU 21 — Kennebunk High - 59 ... * * * 40
RSU 21 — Middle of the Kennebunks - 29 ... * * 11 17
RSU 22/MSAD 22 — Hampden Academy - 29 ... * * * 29
RSU 22/MSAD 22 — Leroy H Smith - * ... * * * *
RSU 22/MSAD 22 — Reeds Brook Middle - 23 ... * * * 19
RSU 23 — Loranger Middle - 43 ... * * 20 21
RSU 23 — Old Orchard Beach High - 59 ... * * * 59
RSU 23 — Saco Middle - 230 ... * * 125 105
RSU 23 — Saco Transition Program - * ... * * * *
RSU 24 — Beech Hill - * ... * * * *
RSU 24 — Cave Hill - * ... * * * *
RSU 24 — Ellsworth Elementary?Middle - 98 ... * * 50 48
RSU 24 — Ellsworth High - 179 ... * * 96 27
RSU 24 — Hancock County Technical Center - 40 ... * * 12 28
RSU 24 — Hancock Grammar - * ... * * * *
RSU 24 — Mountain View - 18 ... * * * 14
RSU 24 — Peninsula - * ... * * * *
RSU 24 — Sumner Memorial High - 39 ... * * 10 28
RSU 25 — Bucksport High - 54 ... * * * 49
RSU 25 — Bucksport Middle - 192 ... * * 37 13
RSU 25 — Miles Lane - * ... * * * *

District — School - Total Incidents ... Expulsion with Services · Expulsion without Services · In-School Suspension · Out-of-School Suspension

RSU 26 — Orono High - 31 ... * * * 31
RSU 26 — Orono Middle - 11 ... * * * 11
RSU 28/MSAD 28 — Camden?Rockport Elementary - * ... * * * *
RSU 28/MSAD 28 — Camden?Rockport Middle - 27 ... * * 12 15
RSU 29/MSAD 29 — Houlton Elementary - * ... * * * *
RSU 29/MSAD 29 — Houlton High - 14 ... * * * 11
RSU 29/MSAD 29 — Houlton Junior High - 10 ... * * * *
RSU 29/MSAD 29 — Houlton Southside - * ... * * * *
RSU 31/MSAD 31 — Enfield Station Elementary - * ... * * * *
RSU 31/MSAD 31 — Hichborn Middle - * ... * * * *
RSU 31/MSAD 31 — Penobscot Valley High - * ... * * * *
RSU 32/MSAD 32 — Ashland Community High - * ... * * * *
RSU 33/MSAD 33 — Dr Levesque Elementary - * ... * * * *
RSU 33/MSAD 33 — Wisdom Middle High - 35 ... * * 24 11
RSU 34 — Leonard Middle - 57 ... * * 27 30
RSU 34 — Old Town Elementary - 23 ... * * 13 *
RSU 34 — Old Town High - * ... * * * *
RSU 35/MSAD 35 — Central - * ... * * * *
RSU 35/MSAD 35 — Eliot Elementary - * ... * * * *
RSU 35/MSAD 35 — Marshwood Great Works - * ... * * * *
RSU 35/MSAD 35 — Marshwood High - 28 ... * * * 22
RSU 35/MSAD 35 — Marshwood Middle - 33 ... * * 11 15
RSU 36/MSAD 36 — Livermore Falls High - 50 ... * * * 49
RSU 36/MSAD 36 — Livermore Falls Middle - 79 ... * * 16 63
RSU 37/MSAD 37 — Narraguagus High - 12 ... * * * 12
RSU 38 — Maranacook Community High - 29 ... * * * 27
RSU 38 — Maranacook Community Middle - 10 ... * * * *
RSU 38 — Mt Vernon Elementary - * ... * * * *
RSU 39 — Caribou High - 26 ... * * * 24
RSU 39 — Caribou - Middle - 25 ... * * * 20

District — School - Total Incidents ... Expulsion with Services · Expulsion without Services · In-School Suspension · Out-of-School Suspension

RSU 39 — Limestone Community - 19 ... * * * 15
RSU 39 — Teague Park - * ... * * * *
RSU 40/MSAD 40 — Medomak Middle - 62 ... * * 27 35
RSU 40/MSAD 40 — Medomak Valley High - 118 ... * * * 102
RSU 40/MSAD 40 — Miller - 48 ... * * 28 20
RSU 40/MSAD 40 — Prescott Memorial - * ... * * * *
RSU 40/MSAD 40 — Union Elementary - * ... * * * *
RSU 40/MSAD 40 — Warren Community - * ... * * * *
RSU 41/MSAD 41 — Penquis Valley High - 94 ... * * * 94
RSU 42/MSAD 42 — Central Aroostook Jr?Sr H S - 11 ... * * * 11
RSU 42/MSAD 42 — Fort Street - * ... * * * *
RSU 44/MSAD 44 — Telstar High - 53 ... * * * 49
RSU 44/MSAD 44 — Telstar Middle - 38 ... * * * 34
RSU 44/MSAD 44 — Woodstock - * ... * * * *
RSU 45/MSAD 45 — Washburn District Elem - 37 ... * * * 34
RSU 45/MSAD 45 — Washburn District High - 10 ... * * * 10
RSU 49/MSAD 49 — Albion Elementary - * ... * * * *
RSU 49/MSAD 49 — Clinton Elementary - * ... * * * *
RSU 49/MSAD 49 — Lawrence High - 79 ... * * 20 59
RSU 49/MSAD 49 — Lawrence Jr High - 61 ... * * 32 29
RSU 51/MSAD 51 — Greely High - 26 ... * * * 24
RSU 51/MSAD 51 — Greely Middle - 11 ... * * * 11
RSU 51/MSAD 51 — North Yarmouth Memorial - * ... * * * *
RSU 52/MSAD 52 — Greene Central - * ... * * * *
RSU 52/MSAD 52 — Leavitt Area High - 54 ... * * * 50
RSU 52/MSAD 52 — Tripp Middle - 20 ... * * * 19
RSU 52/MSAD 52 — Turner Elementary - * ... * * * *
RSU 53/MSAD 53 — SAD #53 Alternative Education - * ... * * * *
RSU 53/MSAD 53 — Vickery - * ... * * * *

District — School - Total Incidents ... Expulsion with Services · Expulsion without Services · In-School Suspension · Out-of-School Suspension

RSU 53/MSAD 53 — Warsaw Middle - 32 ... * * * 32
RSU 54/MSAD 54 — Mill Stream Elementary - 37 ... * * * 34
RSU 54/MSAD 54 — Skowhegan Area High - 284 ... * * 23 260
RSU 54/MSAD 54 — Skowhegan Area Middle - 272 ... * * 139 126
RSU 55/MSAD 55 — Fred W Morrill - * ... * * * *
RSU 55/MSAD 55 — Sacopee Valley High - 56 ... * * * 53
RSU 55/MSAD 55 — Sacopee Valley Middle - 107 ... * * 52 26
RSU 57/MSAD 57 — Lyman Elementary - * ... * * * *
RSU 57/MSAD 57 — Massabesic High - 119 ... * * * 93
RSU 57/MSAD 57 — Massabesic Middle - 57 ... * * 51 *
RSU 58/MSAD 58 — MtAbram Regional High - 16 ... * * * 15
RSU 58/MSAD 58 — Phillips Elementary - * ... * * * *
RSU 58/MSAD 58 — Strong Elementary - * ... * * * *
RSU 59/MSAD 59 — Madison Area Memorial H S - 10 ... * * * *
RSU 59/MSAD 59 — Madison Junior High - * ... * * * *
RSU 60/MSAD 60 — Noble High - 16 ... * * * 16
RSU 60/MSAD 60 — Noble Middle - * ... * * * *
RSU 61/MSAD 61 — Lake Region High - 28 ... * * * 22
RSU 61/MSAD 61 — Lake Region Middle - 73 ... * * 33 37
RSU 61/MSAD 61 — Sebago Elementary - * ... * * * *
RSU 61/MSAD 61 — Songo Locks - 15 ... * * * *
RSU 61/MSAD 61 — Stevens Brook - * ... * * * *
RSU 63/MSAD 63 — Holbrook - * ... * * * *
RSU 64/MSAD 64 — Central High - 30 ... * * * 30
RSU 64/MSAD 64 — Central Middle - 55 ... * * * 53
RSU 64/MSAD 64 — Hudson Elementary - * ... * * * *
RSU 64/MSAD 64 — Kenduskeag Elementary - * ... * * * *
RSU 67 — Mattanawcook Jr High - 11 ... * * * 10
RSU 68/MSAD 68 — Se Do Mo Cha Elementary - * ... * * * *

District — School - Total Incidents ... Expulsion with Services · Expulsion without Services · In-School Suspension · Out-of-School Suspension

RSU 68/MSAD 68 — Se Do Mo Cha Middle - 60 ... * * * 52
RSU 70/MSAD 70 — Mill Pond - 70 ... * * 63 *
RSU 70/MSAD 70 — SAD 70 Hodgdon High - 16 ... * * * 15
RSU 72/MSAD 72 — Charles A Snow - * ... * * * *
RSU 72/MSAD 72 — Molly Ockett Middle - * ... * * * *
RSU 72/MSAD 72 — New Suncook - * ... * * * *
RSU 74/MSAD 74 — Carrabec Community - 65 ... * * 14 51
RSU 74/MSAD 74 — Carrabec High - 74 ... * * 12 58
RSU 74/MSAD 74 — Solon Elementary - * ... * * * *
RSU 75/MSAD 75 — Mt Ararat High - 85 ... * * 29 55
RSU 75/MSAD 75 — Mt Ararat Middle - 16 ... * * * 16
RSU 79/MSAD 01 — Eva Hoyt Zippel - * ... * * * *
RSU 79/MSAD 01 — Pine Street Elementary - * ... * * * *
RSU 79/MSAD 01 — Presque Isle High - 76 ... * * 31 45
RSU 79/MSAD 01 — Presque Isle Middle - 108 ... * * 45 62
RSU 80/MSAD 04 — Piscataquis Community H S - 58 ... * * * 52
RSU 80/MSAD 04 — Piscataquis Community Middle - 28 ... * * * 19
RSU 82/MSAD 12 — Forest Hills Consolidated - 13 ... * * * *
RSU 83/MSAD 13 — Moscow Elementary - * ... * * * *
RSU 83/MSAD 13 — Quimby Middle - 15 ... * * * *
RSU 83/MSAD 13 — Upper Kennebec Valley Senior HS - 27 ... * * 13 14
RSU 85/MSAD 19 — Lubec Consolidated - 14 ... * * * 13
RSU 86/MSAD 20 — Fort Fairfield Elementary - * ... * * * *
RSU 86/MSAD 20 — Fort Fairfield Middle/High - * ... * * * *
RSU 87/MSAD 23 — Caravel Middle - 16 ... * * * 16
RSU 87/MSAD 23 — Carmel Elementary - * ... * * * *
RSU 87/MSAD 23 — Suzanne M Smith Elementary - * ... * * * *
RSU 88/MSAD 24 — Van Buren District Secondary - * ... * * * *
RSU 88/MSAD 24 — Van Buren Middle - * ... * * * *

District — School - Total Incidents ... Expulsion with Services · Expulsion without Services · In-School Suspension · Out-of-School Suspension

RSU 89/MSAD 25 — Katahdin Middle/High - * ... * * * *
Sanford — Carl J Lamb - 14 ... * * 11 *
Sanford — Sanford High - 189 ... * * * 180
Sanford — Sanford Jr High - 111 ... * * 43 65
Sanford — Willard - 38 ... * * 25 13
Scarborough — Benjamin Wentworth Intermediate - * ... * * * *
Scarborough — Scarborough High - 115 ... * * 25 90
Scarborough — Scarborough Middle - * ... * * * *
Sedgwick — Sedgwick Elementary - * ... * * * *
South Bristol — South Bristol Elementary - * ... * * * *
South Portland — Daniel F. Mahoney Middle - 26 ... * * * 26
South Portland — Dora L Small Elementary - 11 ... * * * *
South Portland — Dyer Elementary - * ... * * * *
South Portland — Frank I Brown Elementary - * ... * * * *
South Portland — James Otis Kaler Elementary - 12 ... * * * *
South Portland — Memorial Middle - 37 ... * * * 33
South Portland — South Portland High - 112 ... * * * 110
South Portland — Waldo T Skillin Elementary - 12 ... * * * 10
Southern Aroostook CSD — So Aroostook CSD - 99 ... * * 52 47
Surry — Surry Elementary - * ... * * * *
Wells?Ogunquit CSD — Wells Elementary - 26 ... * * 25 *
Wells?Ogunquit CSD — Wells High - 90 ... * 10 * 75
Wells?Ogunquit CSD — Wells Junior High - 32 ... * * * 32
Westbrook — Westbrook High - 35 ... * * 11 24
Westbrook — Westbrook Middle - 31 ... * * * 21
Westbrook — Westbrook Regional Vocational - * ... * * * *
Whiting — Whiting Village - * ... * * * *
Winthrop — Winthrop Grade - * ... * * * *
Winthrop — Winthrop High - 33 ... * * * 31

District — School - Total Incidents ... Expulsion with Services · Expulsion without Services · In-School Suspension · Out-of-School Suspension

Winthrop — Winthrop Middle - 13 ... * * * 12
Woodland — Woodland Consolidated - * ... * * * *
Yarmouth s — Yarmouth High - 20 ... * * * 20
York — York High - 23 ... * * * 21
York — York Middle - 19 ... * * * 15

TOTALS:

11,389 Total Incidents

32 Expulsion with Services
76 Expulsion without Services
2,874 In-School Suspension
7,838 Out-of-School Suspension[/list][/list]

* Fewer than 10. Number withheld to protect student privacy

Title: Maine reviews school policies on restraining
Post by: Ursus on October 11, 2010, 12:48:07 PM

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]
-------------- • -------------- • --------------

Maine Sunday Telegram — The Portland Press Herald
Posted: October 10, 2010 · Updated: Today at 8:11 PM

Maine reviews school policies on restraining (http://http://www.pressherald.com/news/maine-reviews-school-policies-on-restraining_2010-10-10.html)
As federal legislation stalls, the state tries to create rules that are consistent and safe.

By Kelley Bouchard kbouchard@pressherald.com (http://mailto:kbouchard@pressherald.com)[/i]

Copyright ©2010 MaineToday Media, Inc.

Title: Re: Maine: Panel reviewing discipline in schools
Post by: Watchful Yeoman on October 11, 2010, 12:51:55 PM

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."

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.

Title: Re: Maine reviews school policies on restraining
Post by: Ursus on October 11, 2010, 04:26:07 PM

Sidebar from the above article, "Maine reviews school policies on restraining (http://http://www.fornits.com/phpbb/viewtopic.php?f=32&t=31336&p=383189#p383152)":

Quote

INCIDENTS INVOLVING RESTRAINED STUDENTS (http://http://www.pressherald.com/news/maine-reviews-school-policies-on-restraining_2010-10-10.html)

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 (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 (http://www.govtrack.us/congress/bill.xpd?bill=h111-4247)

Copyright ©2010 MaineToday Media, Inc.

[/list]

See also: Maine's rules on restraining students (http://http://media.kjonline.com/documents/maine_restraint_rules.pdf)

Title: Maine's Rules on Restraints
Post by: Ursus on October 11, 2010, 04:57:04 PM

Maine's Rules on Restraints (http://http://media.kjonline.com/documents/maine_restraint_rules.pdf)
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

--------------

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.

--------------

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"

Title: Comments: "Maine reviews... policies on restraining" #s 1-20
Post by: Ursus on October 11, 2010, 09:53:30 PM

Comments (http://http://www.pressherald.com/news/maine-reviews-school-policies-on-restraining_2010-10-10.html) left for the above article, "Maine reviews school policies on restraining (http://http://www.fornits.com/phpbb/viewtopic.php?f=32&t=31336#p383152)" (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.

Title: Comments: "Maine reviews... policies on restraining" #s 21-
Post by: Ursus on October 12, 2010, 12:05:06 AM

Comments (http://http://www.pressherald.com/news/maine-reviews-school-policies-on-restraining_2010-10-10.html) left for the above article, "Maine reviews school policies on restraining (http://http://www.fornits.com/phpbb/viewtopic.php?f=32&t=31336#p383152)" (by Kelley Bouchard; Oct. 10, 2010; The Portland Press Herald), #s 21-29:

henryelm said... October 10, 2010 at 11:00 AM

Maybe the state will say no more restraints. In which case kids who need to be restrained will go back to sweetsir and spurwink for their education, at 2-3 times the cost to taxpayers and the state. And the student will no longer be counted in the local budget.DefNotADem said... October 10, 2010 at 12:27 PM

henryelm said... Maybe the state will say no more restraints. In which case kids who need to be restrained will go back to sweetsir and spurwink for their education, at 2-3 times the cost to taxpayers and the state. And the student will no longer be counted in the local budget /// What do you mean they wont be counted in the local budget ? The state doesn't pay full price for them the local taxpayer picks up the rest. The state is supposed to pay 100% of special ed costs by la but they refuse. Until then the can stay out of the business of telling schools where the kids will go for their "education"RobertAT said... October 10, 2010 at 2:06 PM

Physical restraint should be the absolute last method used to stabilize a student. When it gets to that level, there should be much more going on than a scuffle. People who were trained a decade ago or earlier, were trained to use physical restraint. Current training is about avoiding restraint. We can never know the particulars of the case sited in the article and should not be making determinations based on what was shared here. Those who think they know everything about education, but lack any actual training or education on the subject should go learn what's really happening. We don't mainstream students anymore, we include them. Diversity is the norm in the world and it is the norm in schools. Teacher training needs to be improved so that all students' needs can be met and cloistering people who are different does nothing for improving our world.2B said... October 10, 2010 at 3:24 PM

Any student that strikes a teacher should be expelled for the entire year.2B said... October 10, 2010 at 3:32 PM

Dontwanna, Kids with with disabilities such as Autism should get schooling in special ed classes...Not with the rest of the population. Too many doctors are labeling children that don't have disabilities. It is a $$ grabbing scheme both for the doctors and the parents of those children. The doctors get the $$ from MaineCare and the parents get Social Security Disability payments for the so called disabled children. It is time for these games to stop. It is also time to stop coddling children and making excuses for bad behavior.terry said... October 10, 2010 at 5:55 PM

just because the child calmed down when his mother showed up,does not mean he would ever have calmed down for the teachers. what else is a person to do when a child is way out of control,knocking off glasses from teachers and being disruped?VGFiMTk4MA%3D%3D said... October 11, 2010 at 10:52 AM

And what do we say to the kids who have no mom to stay at home with them? These kids have problems for pretty significant reasons, many of which don't even live with parents. In many cases of EBD, it's the parents who are major contributors to the primary problem. Yes, it is expensive to educate these guys, but you'd all be complaining about paying for their prison terms too. As a taxpayer, I'd rather spend the money earlier, in the hopes that problems can be worked through so they can be positive members of our community. Legislation by the name IDEA (1997) ensures that all students are given an free and appropriate education in the least restrictive environment. End of discussion. Instead of complaining, maybe folks would like to start suggesting ways in which to break the cycle of violence in our families.VGFiMTk4MA%3D%3D said... October 11, 2010 at 11:05 AM

It should also be noted that not all restraints are created equally. The methods taught are only as good as the research that spawns them. TCI is more comprehensive than MANDT, or CPI. Some training seminars last for 4 hours, while others require 40 hours of training. And yes, kids can get PTSD from repeated, improper holds. When done incorrectly, especially when it is done repeatedly for questionable reasons, it is no better than punching a kid in the face. If your kid was struggling for reasons out of your control (like Autism), would you want them restrained, incorrectly (it seems), in the prone position on a muddy floor mat? I'm guessing not. Restraints are a last resort, to protect the student and the staff, and should be used when all other deescalation methods have been exhausted. Staff needs to be trained appropriately, or they shouldn't be performing holds. Period.DaveD said... October 11, 2010 at 12:42 PM

if a Marine restrains a terrorist who moments before was trying to kill him and other Americans on the battlefield; the ACLU and other groups condemn him for his actions and demand swift punishment. they label it torture. if a teacher secludes or restrains a child it's ok in the states eyes.

Title: Classroom crises: How does a teacher respond?
Post by: Ursus on October 12, 2010, 05:07:31 PM

From the above article (http://http://www.fornits.com/phpbb/viewtopic.php?f=32&t=31336#p383152):

Editor's note: This is part of an occasional series about discipline in Maine schools. A second story about alternatives to restraining students will appear in Monday's edition of The Portland Press Herald.[/list]

Here's that second story:

-------------- • -------------- • --------------

The Portland Press Herald
Posted: October 11, 2010 · Updated: Today at 12:59 AM

Classroom crises: How does a teacher respond? (http://http://www.pressherald.com/news/its-teachers-time-to-learn-handling-a-classroom-crisis_2010-10-11.html)
A group of city educators gets training to defuse situations when students become angry or upset.

By Kelley Bouchard · kbouchard@pressherald.com (http://mailto:kbouchard@pressherald.com)

Copyright ©2010 MaineToday Media, Inc.

Title: Comments: "Classroom crises: How does a teacher respond?" #s
Post by: Ursus on October 13, 2010, 04:44:34 PM

Comments (http://http://www.pressherald.com/news/its-teachers-time-to-learn-handling-a-classroom-crisis_2010-10-11.html) left for the above article, "Classroom crises: How does a teacher respond (http://http://www.fornits.com/phpbb/viewtopic.php?f=32&t=31336&p=383372#p383372)?" (by Kelley Bouchard; Oct. 11, 2010; The Portland Press Herald), #s 1-20:

Sue01 said... October 11, 2010 at 1:18 AM

If teachers think this is scary turf - imagine the plight of a student - already upset and then humiliated and not understanding why they're being pushed to the floor. __ McCormack is spot on/correct to acknowledge: "When a child is upset, it didn't happen out of nowhere, folks. There's always a cause. It may not be right in front of you, but it's there. You have to know your child. And depending on your response, you're either going to throw gasoline on the situation or you're going to throw water on the situation." __ Kudos to those teachers and parents who MOVE FORWARD with open minds to learn new things. Boo to those who just blame kids and parents. Ignorance is no longer an option. __ You're either part of the solution - or part of THE PROBLEM.mtc said... October 11, 2010 at 6:20 AM

I think society is moving forward with this issue. Years ago a kid would be hit if they misbehaved in a classroom. Some kids aren't misbehaving in the first place they are just wired different and come from a loving home with good parents. At the same time educators should be in control of the school environment. If a child who is having a breakdown because of the stresses involved with sitting under florescent lights in a small crowded room for hours then the school should be able to keep order. If people are taught the correct way to secure an out of control child then there is less of a chance that the event will cross over the line into an abusive situation.XPortlander said... October 11, 2010 at 7:49 AM

Keep the children home and send the parents to school.goinbroke said... October 11, 2010 at 8:11 AM

Issue plastic handcuffs to the schools and use them. Enough of this touchy feely BS. Act out and become a threat you get restrained and held for authorities or released to a parent. This is an example of why the maine schools are such a failure. time spent on this BS is time not spent teaching the other kids in the school.SL said... October 11, 2010 at 9:08 AM

I have a suggestions. SEND THEM HOME. Let the parents raise the kids and the teachers teach the kids that want to learn. Inconvenience the parents as much as possible so they figure out that they need to change how they deal with their kids so they will come to school prepared to learn. The disrespect shown to teachers these days is deplorable, the profanity the insults the intimidation...throw these kids out of school each and every time they do it and they will change real fast or they will stop consuming valuable class time by not being there to cause the issue for the kids that want to learn! Personal responsibility has to be learned at a young age or it is a long road....many parents have little, so why do we expect their kids to have any?Obamination said... October 11, 2010 at 9:10 AM

What a bunch of liberal baloney. When I was in grade school, FEAR, of getting sent to the principal's office, and the spanking paddle rumour had it would be used there, kept things in control. The young and immature need to be taught how to take accountability for their choices and behavior, so that when they are older they will have learned how to adapt that instinct from the infantile fear of spanking to the adult world of choices and consequences. It is LIBERAL policies like this Thera-PEWWWW-tic Crisis Intervention that's what's wrong with education today. What will teachers do when they get injured struggling to physically subdue kids? Go on disability? Exactly. Nip this one in the bud.Nan said... October 11, 2010 at 10:11 AM

Sue01 posted: "Boo to those who just blame kids and parents." Sure SuzieQ, let's just throw out the concept of raising kids to be respectful of others and to not be bullies. Back in the day, I could count on one hand the number of kids who became violent in school. They either shaped up or shipped out, in a hurry. Back then, most parents raised their kids to behave, and if the kid was disruptive, there was hell to pay when he went home. Today, too many parents raise their kids to be bullies, and the schools are forced to tolerate this kind of intolerable behavior lest the civil libertarians come in and file a class-action suit on behalf of all bullies.henryelm said... October 11, 2010 at 10:17 AM

Good to see bouchard get an education and be IN the classroom on the topic she's been writing on for 5+ years . Therapuetic intervention is NOT a new fangled idea, it's been around forever, but it's been called therapeutic intervention for the least 10+ years. Most school have used it for 10+ years. Class room teachers use it every day ( without even knowing it or calling it therapeuetic intervention) to avoid getting into power struggles and escalating students. Teachers call it classroom management.Gwedd said... October 11, 2010 at 10:31 AM

Send the trouble-makers home and refuse to allow them back. Ever. There are too many kids in the schools who don't belong there to begin with. This society will always have a need for manual laborers and other labor-intensive work, and those kids, when they are older, can fill those jobs. Let those who WANT to be there, who WANT to get an education, be there. The others can stay away.henryelm said... October 11, 2010 at 10:32 AM

Yup "going" teachers use touchy feely techniques continuously thru out the day to deescalate johnny who is always on a slow boil and ready to boil over at any moment so she can keep him in the classroom(and keep him from punching fred in the nose) so she can actually teach BOTH him AND FRED. A teacher knows from the moment the kids walk thru the door(and how they walk thru the door) who is going to need their attention that day.2B said... October 11, 2010 at 11:38 AM

Excuses for bad behavior!! Send these kids home before they hurt another child or a teacher. Teachers and the other children that want to learn should not have to tolerate physical or mental abuse from these so called disabled brats. Stop pampering thesm and send them home for the parents to deal with.goinbroke said... October 11, 2010 at 1:03 PM

Henry, cut your losses just like a business. If 80 percent of the problems originate with 20 percent of the parts, what does that tell you? Isolate or eliminate the 20 percent. you-they get paid to teach. If you spend a lot of time with the problems you are not serving the majority. Its bad management and if the nut jobs go off on another kid or a teacher the system gets sued. No win scenario if you keep the problems in schoool.Sue01 said... October 11, 2010 at 1:11 PM

"Sure SuzieQ, let's just throw out the concept of raising kids to be respectful of others and to not be bullies." _ Nobody is saying that. Do you equate kids with learning/emotional differences with spoiled children and bullies? Students rise to the potential you see in them. Many folks assume SpEd kids have low-IQs. (Surprise!) Many have HIGHER IQs and WANT to learn, but are frustrated by sitting through classes where an instruction style is incompatible with their learning style (NOT A CONSCIOUS CHOICE). Here’s where charter schools could make a huge difference to Maine students. (Note: We ARE willing to coach those we dub “gifted and talented.”) _ Some students are teased or put down – subtly, but regularly – until they reach their breaking point. Awareness/sensitivity training can enable teachers to plan lessons thoughtfully and maintain an environment that doesn't "set" ANYBODY off in the first place. It's not "touchy/feely" - it's RESPECTFUL.Ayuh23 said... October 11, 2010 at 1:29 PM

LOL@goinbroke and those who say "Send them home!" You make it sound so simple and make it sound as though the teacher has any choice in the matter! You see, unlike charter or private schools, public schools have to teach all the kids and ALL means just that. Teachers generally do not create the class list, they just have to deal with whoever shows up. Each child has a need that must be met, and there's h3ll to pay if anyone slips thru the cracks. We are working with people here, not robots. Each person is unique and that goes for both adults and children. For the most part, it goes ok- but kids have off days, teachers have off days and so do parents. It is realistic to expect that the adults will do the best they know how, but don't expect perfection.henryelm said... October 11, 2010 at 1:36 PM

Hey "going" etc did you ever hear of that little document called the constitution??goinbroke said... October 11, 2010 at 1:40 PM

ayuh23, its the cost of the system vs the results that is driving this revolt by the taxpayers. Charter schools will surely serve the givted and the middle of the road kids just like the top performing private schools do now. But charter schools will force the failing public schools to make the changes being discussed here. Its unfortunate that the tteachers and the MEA does not grasp the concept. In the end remember that you could have changed but you choose to be forced rather than modifing your existing system. Did you really think the taxpayers were going to just keep going down this road?henryelm said... October 11, 2010 at 1:46 PM

"Here’s where charter schools could make a huge difference to Maine students. (Note: We ARE willing to coach those we dub "gifted and talented.") " but what about the ones "dubbed" special ed??? See there IS the rub. In the states where charter school( public pay for private choices) ave been in place for awhile. There is NO evidence charter schools do any better then public schools. Why not just invest in making the existing public school system better??Ayuh23 said... October 11, 2010 at 1:57 PM

Still laughing goinbroke, because you clearly don't understand the issue. Teachers (whether represented by the MEA or not) in public schools do not choose the children in the classroom. When an angry child (GT, LD, Middle of the Road, Special Needs, what have you) comes to school, the classroom teacher has to deal with it, often without administrator support. A charter or private school can tell the family to take the child elsewhere- a public school cannot. You also failed to notice that this type of classroom management isn't being taught in education programs, but many public school districts are sending their teachers for training because *it is the right thing to do* not because they are "forced" to do so. (rolls eyes) Time to iron the curtains I bought for my classroom- henryelm, you take it from here.henryelm said... October 11, 2010 at 1:59 PM

Here's the deal. ALL children are unique. ALL children have different needs and learning styles. ALL children can and DO learn. NOT all learning environments meet ALL children's needs (whether private OR public) BUT ONLY the PUBLIC school is required by law to try to meet ALL kids needs. And in MY experience they do a pretty good job OF it, with the resources that they have. Could they do better with MORE resources, SURE! Finland who is tops in the world education have 3 teachers with MASTERS degrees in EVERY classroom!!! They weren't always #1 They made an active decision to BECOME #1. And businesss flocking there in droves.!! You get what you are willing to pay for.henryelm said... October 11, 2010 at 2:24 PM

In LESS then a decade Finland became #1! BECAUSE they were willing to make that investment. They made a goal and achieved it. In the 60's the US made that same committment to education and WE became #1. There is no "magic" to education. We KNOW HOW to do it and what works for ALL Kids. And having a 2 tiered education system isn't' going to get us there. IT is going to DIVIDE our resources instead of consolidating them into ONE GOAL---SUCCESS and opportunity FOR ALL (not just some). While we are fighting over crumbs, OTHER countries are reinvesting INTO education, leaving us in their dust. SOME NOISY taxpayers have decided we just can't "afford" to invest in education. You get what you pay for. We are no longer #1. SOME decided education isn't a priority and mediocre /"average" is good enough. We have no one but "GOING" to blame. YOU and anti spending "won" "Going". Do you like the outcome?? Or do you want to make us even MORE average??

Copyright ©2010 MaineToday Media, Inc.

Title: Comments: "Classroom crises: How does a teacher respond?" #s
Post by: Ursus on October 15, 2010, 12:45:38 PM

Comments (http://http://www.pressherald.com/news/its-teachers-time-to-learn-handling-a-classroom-crisis_2010-10-11.html) left for the above article, "Classroom crises: How does a teacher respond? (http://http://www.fornits.com/phpbb/viewtopic.php?f=32&t=31336&p=383372#p383372)" (by Kelley Bouchard; Oct. 11, 2010; The Portland Press Herald), #s 21-32:

Relax said... October 11, 2010 at 2:45 PM

henryelm, You left out another key element of the Finland equation for educational success Parental Involvement. Without parents supporting their children, their children's teachers and their children's schools it wouldn't matter if you had three teachers per class who all have their doctorates. If kids don't learn at home how important education is there is "little" that any teacher or group of teachers can do during a school day or class period to set them on the right track. It's fascinating to listen to the tough guy conservatives here looking to beat or simply exclude our children into educational submission. Please keep this in mind when you go to vote because it's much the same attitude they have about the average citizen.henryelm said... October 11, 2010 at 3:03 PM

I agree,relax. It's a mind set of valuing education and educators.It doesn't HAVE to be about money . BUT it does need to be a national committment with ALL players supporting it and all on board. Like we did in the 60's. We saw education as a part of and integral to our NATIONAL DEFENSE strategy.I suspect other countries still DO!!!goinbroke said... October 11, 2010 at 3:55 PM

Henry, Youu take up a lot of bandwidth yet say nothing. Maine spends 83 percent of its entire yearly budget on education and welfare. these are the two big hogs at the money trough. Where in your infinite wisdom do you suppose the cuts are going to happen? Start thinking, smaller, less funding and yes isolate or remove the problems. We are better off doing a good job on 80 percent and loosing the other 20 them doing a bad job on the whole lot.goinbroke said... October 11, 2010 at 4:11 PM

henry, you say a lot but still dont get the big picture. maine spends 83 percent of the money it recieves on welfare and education. wher do you and the other members of the brain trust think the cuts are going to happen? the schools are a travisty. We spend too much and get little in return, very similar to reading your endless posts. We need solutions not verbage.henryelm said... October 11, 2010 at 6:07 PM

"going" you post often. say little, repeat yourself, and don't get the big picture: What IS the purpose of Government and taxation?? So do you think education should be private pay??? OR do we ALL benefit from having an educated populace? I don't know too many parents who can "afford" $7-10,000 per child annually. Do you??? Why DO we have public education, anyhow ? Maybe we shouldn't. Maybe the private sector should pay for it.henryelm said... October 11, 2010 at 6:13 PM

playing devils advocate.Suppose we do privatize education, who pays for it? parents? the private sector? Instead of buying sports stadiums, suppose they buy schools and educate their own workers? Interesting idea?Relax said... October 11, 2010 at 7:30 PM

In the history of humankind we have seen people rise against seemingly insurmountable odds to get past a wide variety of hardships. Unfortunately there have also been times when people have chosen the easiest possible alternative to solve their problems (Turning on other races, other religions, other political parties etc. etc.). It would seem that someone who is willing to simply cast aside 20% of our children for the sake of simple convenience probably isn’t displaying what most of us would consider common decency. When challenged we should look to rise to the occasion not sink back on our primitive self-serving instincts.goinbroke said... October 11, 2010 at 8:48 PM

henry, " What IS the purpose of Government and taxation? " , easy Prudenrt and ecomonical use of the taxpayer contribution (83 percent on welfare and education 2010). Simple enough. Your read seems to be an unlimited support of a failed education system is OK. Not so, you dont get it pal. Charter Schls can and will do it better because they will take those willing to learn. The public sector, will support those not willing to learn with much less public assistance (no money) Read fewer schools with fewer students and no need for current staffing or funding levels. Coming soon to a school where you work.henryelm said... October 11, 2010 at 10:33 PM

so bascially you are admitting ,"going" that the plan is for charter schools to selectively choose the cream of the crop and leave the rest behind. Hope they plan to do it without taxpayer funding then because, I'd say that would be ILLEGAL, constituion, IDEA and all. OH that is why the right is trying all kinds of angle to change the laws: to make discimination( and separtaionof church and state) LEGAL?illegal. You can dress it up and put lipstick on it BUT...it's a recration of segregation.Hipupchuck said... October 11, 2010 at 10:40 PM

That's why the make tasers.Bob45 said... October 11, 2010 at 11:00 PM

The public schools focus on the top 10% of all students. The next 10% get lip service. The rest receive little or no attention. If your child is on the autism spectrum I guarantee he/she spends most of their time with an aide in a room away from the other students. Or perhaps face down with a bloody lip. Check the facts. This is not a feel good story.Adam180 said... October 12, 2010 at 1:13 AM

How about teaching kids early on to respect authority, and not putting up with any BS from the first day they start school? Public school is a joke! When I went to school in the 80's and 90's, there was no authority or control. Students could do whatever the wanted! Most of the class time was taken by teachers yelling and trying to get students to shut up and stop fooling around. Yet, it never got accomplished! Thank god, my last three years were in private school! I can only imagine it's gotten worse?

Copyright ©2010 MaineToday Media, Inc.

Title: Disability Rights Center challenges handling of restraint...
Post by: Ursus on October 15, 2010, 07:13:21 PM

The Portland Press Herald
Posted: October 15, 2010 · Updated: Today at 12:26 PM

Disability Rights Center challenges handling of restraint complaints (http://http://www.pressherald.com/news/disability-rights-center-challenges-handling-of-restraint-complaints_2010-10-15.html)

By Kelley Bouchard · kbouchard@pressherald.com (http://mailto:kbouchard@pressherald.com)

Copyright ©2010 MaineToday Media, Inc.

Title: letter from Acting Education Commissioner Angela Faherty
Post by: Ursus on October 17, 2010, 10:20:54 AM

From the above article, "Disability Rights Center challenges handling of restraint complaints (http://http://www.fornits.com/phpbb/viewtopic.php?f=32&t=31336#p383903)":

The Disability Rights Center of Maine challenged the state Department of Education on Thursday to improve the makeshift way it handles complaints about the use of physical restraint and seclusion on schoolchildren.

The center's lawyers acted after Education Commissioner Angela Faherty informed them that two complaints, filed in June on behalf of two students in different school districts, lacked sufficient detail to determine whether investigations are warranted.

"If you still wish the department to consider this matter, kindly provide as much detail as possible," Faherty wrote in an Oct. 5 letter addressing one of the complaints.[/list][/size]
Here's that letter from Acting Education Commissioner Angela Faherty (http://http://media.kjonline.com/documents/Angela+Faherty's+letter.pdf); some portions have been blocked out for confidentiality reasons:

-------------- • -------------- • --------------

October 5, 2010

Katrina Ringrose, Advocate
Disability Rights Center of Maine
24 Stone Street, P.O. Box 2007
Augusta, ME 04338-2007

XXXXXXX Request for Investigation

Dear Ms. Ringrose:

The following is in response to your letter date XXXXXXX, 2010, in which you allege that restraint and timeout have been used with regard to the above student in a way that violates Chapter 33 of the MDOE regulations. Unfortunately, your letter does not provide sufficient detail to enable the Department to determine what, if any, investigation into these allegations is warranted.

If you still wish the Department to consider this matter, kindly provide as much detail as possible regarding the nature of the restraint you allege constituted "prone restraint," and the circumstances under which the restraint was employed. Likewise, provide that detail (nature and circumstances) for those incidents of restraint for which there was allegedly inadequate documentation and about which allegedly no nurse was notified, if they are not all the same incidents. Also, with regard to the use of timeout, provide more information regarding the location and nature of the room (or rooms), and the manner in which that room (those rooms) have been used with the student.

Finally, provide the basis for your being "confident" that this student is not the only one on whom prone restraint has been practiced in the student's school.

Any documentation you can provide of the foregoing will also assist the Department in determining the appropriate response to these allegations.

Thank you.

Sincerely,

<signature>

Angela R. Faherty, Ph.D.
Commisioner of Education

Special Services Director

Title: letter from disability rights lawyer Diane Smith
Post by: Ursus on October 17, 2010, 12:04:56 PM

From the just above article, "Disability Rights Center challenges handling of restraint complaints (http://http://www.fornits.com/phpbb/viewtopic.php?f=32&t=31336#p383903)":

The complaints in question contained enough information to prompt investigations, said Diane Smith, a lawyer for the center. The center's lawyers plan to turn over documents they have gathered from each district, but they say the department is setting the bar too high in what is supposed to be a parent-friendly process.

"What they're saying is, 'Until you do our work for us, we're not going to investigate this,'" Smith said. "If these families weren't represented by us, their complaints wouldn't be investigated. Meanwhile, these students are attending school in an environment that's unsafe. (State officials) should have contacted us months ago if they had questions about the complaints."

Smith wouldn't identify the students or their districts.

No formal complaint process exists in the department's rules on physical restraint and seclusion of students. Both are allowed when prescribed in individual special education plans, or in emergencies to control a disturbance or when students' safety is at risk.

The department established a temporary complaint process last year when the rules came under scrutiny in the Legislature. The Disability Rights Center of Maine filed several complaints last year that the department handled appropriately, Smith said. A recent staffing change and a lack of consistent protocols is likely to blame for the new approach to parents' concerns, she said.

The lack of a clear and consistent complaint process is one of several deficiencies identified by parents, advocates, lawmakers and others who are calling for improvements in the department's rules on restraint and seclusion. Department officials have said they plan to convene a panel of stakeholders later this year to review the rules. Smith expects to be one of them.

The Department of Education didn't respond to a request for comment on Smith's concerns, which she outlined in a letter e-mailed to Faherty on Thursday.

Faherty responded to Smith with this e-mail: "Thank you, Diane, for bringing these important issues and considerations to our attention. The work group is preparing to help improve the process and establish appropriate protocols as you indicated are truly needed."

The two complaints that Faherty found lacking clearly identified the students involved, their schools, their classrooms and their special education diagnoses, Smith said.

The complaints also said that each district poorly documented and failed to notify parents of multiple incidents of physical restraint or seclusion -- which is when a student is purposely separated from others, often in another room.

In one complaint, the use of physical restraint wasn't prescribed in the student's individual education plan, Smith said. Also, staff members failed to notify the school nurse when they held the student in a face-down or prone restraint.[/list][/size]
Here's that letter from disability rights lawyer Diane Smith (http://http://media.kjonline.com/documents/Diane+Smith's+letter.pdf):

-------------- • -------------- • --------------

October 14, 2010

Acting Commissioner Angela Faherty
Department of Education
23 State House Station
Augusta, ME 04333-0023

Re: Chapter 33 Complaint Protocol

Via Electronic and U.S. Mail[/list]

Dear Acting Commissioner Faherty:

I am writing with regard to your recent letters in response to two of the Disability Rights Center's requests for investigation. These requests address possible violations of Maine Department of Education Rule Chapter 33, Use of Timeout Rooms, Therapeutic Restraints and Aversives in Public Schools and Approved Private Schools, and of Administrative Letters No. 3 and 8.[1]

We are pleased that the Department has recently created a complaint process regarding Chapter 33 violations and appreciate the difficulty inherent in creating a complaint system out of whole cloth. However, these most recent letters (both in October 2010) raise concerns about the process used for these complaints, and make it clear that a detailed, transparent, and consistent statewide protocol for these investigations is badly needed.

First, there are no timelines. At least one of the complaints was filed in June and in October the family received a request for additional information, with no communication from the Department in the interim. These cases involve children who have been restrained or secluded at school, and the allegation, by definition, involves the improper use of either restraint, seclusion or both. Time is of the essence for all involved parties.

Second, per the former Commissioner, this complaint process is intended to be "parent friendly," meaning that a parent should be able to file a complaint and request an investigation on his or her own, without a lawyer. As such, a parent should not be required to provide specific information such as the date and time of alleged incidents of restraint. Your recent letters appear to require that the parent provide sufficient information to support a violation of Chapter 33 before the Department will investigate the complaint.

We are concerned that a parent may not have access to the information needed to file a complaint that meets this standard because parents are not at school and, in our experience, restraint incidents are rarely reported to parents by schools at that level of detail.

The standard for Chapter 33 complaints is a higher evidentiary standard than currently exists for either special education individual or systemic complaints, and we believe will prevent many serious situations from being investigated.

We hope that these concerns will be addressed promptly and thoroughly by the workgroup assigned to review Chapter 33, and that a protocol will be developed this school year, with stakeholder input, that will allow families to raise legitimate concerns in a manner that ensures the protection of Maine's children.

Sincerely,

Diane Smith
Staff Attorney
Disability Rights Center

Title: Comments: "Disability Rights Center challenges handling..."
Post by: Ursus on October 17, 2010, 01:03:14 PM

Comments (http://http://www.pressherald.com/news/disability-rights-center-challenges-handling-of-restraint-complaints_2010-10-15.html) left for the above article, "Disability Rights Center challenges handling of restraint complaints (http://http://www.fornits.com/phpbb/viewtopic.php?f=32&t=31336#p383903)" (by Kelley Bouchard; Oct. 15, 2010; The Portland Press Herald):

XPortlander said... October 15, 2010 at 8:39 AM

Title: Re: letter from disability rights lawyer Diane Smith
Post by: DannyB II on October 17, 2010, 01:35:54 PM

Quote from: "Ursus"

From the just above article, "Disability Rights Center challenges handling of restraint complaints (http://http://www.fornits.com/phpbb/viewtopic.php?f=32&t=31336#p383903)":

The complaints in question contained enough information to prompt investigations, said Diane Smith, a lawyer for the center. The center's lawyers plan to turn over documents they have gathered from each district, but they say the department is setting the bar too high in what is supposed to be a parent-friendly process.

"What they're saying is, 'Until you do our work for us, we're not going to investigate this,'" Smith said. "If these families weren't represented by us, their complaints wouldn't be investigated. Meanwhile, these students are attending school in an environment that's unsafe. (State officials) should have contacted us months ago if they had questions about the complaints."

Smith wouldn't identify the students or their districts.

No formal complaint process exists in the department's rules on physical restraint and seclusion of students. Both are allowed when prescribed in individual special education plans, or in emergencies to control a disturbance or when students' safety is at risk.

The department established a temporary complaint process last year when the rules came under scrutiny in the Legislature. The Disability Rights Center of Maine filed several complaints last year that the department handled appropriately, Smith said. A recent staffing change and a lack of consistent protocols is likely to blame for the new approach to parents' concerns, she said.

The lack of a clear and consistent complaint process is one of several deficiencies identified by parents, advocates, lawmakers and others who are calling for improvements in the department's rules on restraint and seclusion. Department officials have said they plan to convene a panel of stakeholders later this year to review the rules. Smith expects to be one of them.

The Department of Education didn't respond to a request for comment on Smith's concerns, which she outlined in a letter e-mailed to Faherty on Thursday.

Faherty responded to Smith with this e-mail: "Thank you, Diane, for bringing these important issues and considerations to our attention. The work group is preparing to help improve the process and establish appropriate protocols as you indicated are truly needed."

The two complaints that Faherty found lacking clearly identified the students involved, their schools, their classrooms and their special education diagnoses, Smith said.

The complaints also said that each district poorly documented and failed to notify parents of multiple incidents of physical restraint or seclusion -- which is when a student is purposely separated from others, often in another room.

In one complaint, the use of physical restraint wasn't prescribed in the student's individual education plan, Smith said. Also, staff members failed to notify the school nurse when they held the student in a face-down or prone restraint.[/list][/size]
Here's that letter from disability rights lawyer Diane Smith (http://http://media.kjonline.com/documents/Diane+Smith's+letter.pdf):

-------------- • -------------- • --------------

October 14, 2010

Acting Commissioner Angela Faherty
Department of Education
23 State House Station
Augusta, ME 04333-0023

Re: Chapter 33 Complaint Protocol

Via Electronic and U.S. Mail[/list]

Dear Acting Commissioner Faherty:

I am writing with regard to your recent letters in response to two of the Disability Rights Center's requests for investigation. These requests address possible violations of Maine Department of Education Rule Chapter 33, Use of Timeout Rooms, Therapeutic Restraints and Aversives in Public Schools and Approved Private Schools, and of Administrative Letters No. 3 and 8.[1]

We are pleased that the Department has recently created a complaint process regarding Chapter 33 violations and appreciate the difficulty inherent in creating a complaint system out of whole cloth. However, these most recent letters (both in October 2010) raise concerns about the process used for these complaints, and make it clear that a detailed, transparent, and consistent statewide protocol for these investigations is badly needed.

First, there are no timelines. At least one of the complaints was filed in June and in October the family received a request for additional information, with no communication from the Department in the interim. These cases involve children who have been restrained or secluded at school, and the allegation, by definition, involves the improper use of either restraint, seclusion or both. Time is of the essence for all involved parties.

Second, per the former Commissioner, this complaint process is intended to be "parent friendly," meaning that a parent should be able to file a complaint and request an investigation on his or her own, without a lawyer. As such, a parent should not be required to provide specific information such as the date and time of alleged incidents of restraint. Your recent letters appear to require that the parent provide sufficient information to support a violation of Chapter 33 before the Department will investigate the complaint.

We are concerned that a parent may not have access to the information needed to file a complaint that meets this standard because parents are not at school and, in our experience, restraint incidents are rarely reported to parents by schools at that level of detail.

The standard for Chapter 33 complaints is a higher evidentiary standard than currently exists for either special education individual or systemic complaints, and we believe will prevent many serious situations from being investigated.

We hope that these concerns will be addressed promptly and thoroughly by the work group assigned to review Chapter 33, and that a protocol will be developed this school year, with stakeholder input, that will allow families to raise legitimate concerns in a manner that ensures the protection of Maine's children.

Sincerely,

Diane Smith
Staff Attorney
Disability Rights Center

Ursus, would you please copy and send this to all your buddies here on fornits that were screaming from the rooftops about how parents have proper due process, allegations of abuse are handled expeditiously and the child has rights at a public school.
Parents hardly have rights and they pay taxes for this privilege.

Title: Re: letter from disability rights lawyer Diane Smith
Post by: Ursus on October 18, 2010, 01:22:01 PM

Quote from: "DannyB II"

Ursus, would you please copy and send this to all your buddies here on fornits that were screaming from the rooftops about how parents have proper due process, allegations of abuse are handled expeditiously and the child has rights at a public school.
Parents hardly have rights and they pay taxes for this privilege.

Well, I think you're right in that kids in public schools as well as in the TTI are being shafted by various abusive circumstances.

However, I think that the inculcation towards conformity in public schools, while still (to my mind) unacceptably high, is less pervasive (e.g., not experienced 24 hours per day). I also think that PS parents are generally more aware of the nature of said abuses committed, and have more options at their disposal, which the mere existence of the letter above from disability rights lawyer Diane Smith attests to. This is not to say that things are hunky dorry by any means, and I hasten to emphasize that abuses which still do occur are completely unacceptable by any barometer.

Parents of kids in program, on the other hand, are often indoctrinated into the program themselves, and/or often have little clue as to what really goes on there. Options for legal recourse are difficult to obtain. First, the kid has to convince his/her parents of the abuse, providing s/he even understands it themselves ... through the veneer of residual Koolaid. And that might take years, depending on whatever trust still remains in said relationship...

Title: Restraint review committee will convene in November
Post by: Ursus on October 18, 2010, 02:32:28 PM

Here's another article in this series...

-------------- • -------------- • --------------

The Portland Press Herald
October 16, 2010

Restraint review committee will convene in November (http://http://www.pressherald.com/news/restraint-review-committee-will-convene-in-november_2010-10-16.html)
Maine's Department of Education finally sets a date.

By Kelley Bouchard · kbouchard@pressherald.com (http://mailto:kbouchard@pressherald.com)

Copyright ©2010 MaineToday Media, Inc.

Title: Comments: "Restraint review committee will convene in Novemb
Post by: Ursus on October 19, 2010, 12:43:19 PM

Comments (http://http://www.pressherald.com/news/restraint-review-committee-will-convene-in-november_2010-10-16.html) left for the above article, "Restraint review committee will convene in November (http://http://www.fornits.com/phpbb/viewtopic.php?f=32&t=31336&p=384533#p384404)" (by Kelley Bouchard; Oct. 16, 2010; The Portland Press Herald):

jake007 said... October 16, 2010 at 7:57 AM

Clearly mizz Diane Smith and my 7th grade homeroom teacher Mr Fisk would not have seen eye to eye on these matters.VGFiMTk4MA%3D%3D said... October 16, 2010 at 8:04 AM

I'm pretty sure that if a special ed program accepts money from Medicaid, then any restraint must be documented and kept on file for at least 5 years. It really shouldn't be that hard to trace injuries and deaths back to an initial restraint...this is the crux of the problem. If people were properly trained, we wouldn't be having as many issues. Maybe schools should take the time to research and adopt a philosophy that has a more long term impact, building skills in students so that restraints are the last stop, and not the first.Les said... October 16, 2010 at 9:59 AM

Building skills in students to behave in a socially acceptable way is the job of the PARENTS.If I had ever taken a swing at a teacher in school, I'd have taken my teeth home in my pocket and would have been grounded for life. That would be before I got home and faced my parents!henryelm said... October 16, 2010 at 1:37 PM

"Maybe schools should take the time to research and adopt a philosophy that has a more long term impact, building skills in students so that restraints are the last stop, and not the first.' THEY DO. How many student are there?? How many restraints? They are rare, to protect the child and or others, usually WITH parental permission.henryelm said... October 16, 2010 at 1:49 PM

If a child is beating their head against a wall do you let them? or do you stop them? If a child is suicidal and heading toward the nearby window to jump out do you stop them? or do you let them? If a child is running out of a school into nearby traffic do you stop them? or do you let them??If a child is pounding the crap out of another child do you stop them? or do you let them??Jones824 said... October 16, 2010 at 10:58 PM