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Children with disabilities are sometimes left open to potential abuse when those who are charged with their care do not understand the difference between "bad behavior" and "behavior as communication".
In this issue of the Special Ed Advocate,
???O.H. by Ortega v. Volusia County Sch. Bd., 50 IDELR 255 (M.D. Fla. 2008). ???
Please don't hesitate to forward this issue to other families, friends, and colleagues.
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Behavior is a Message |
Behavior as Communication
The term "behavior as communication" refers to a child's effort to communicate dislikes, needs, desires, etc. but cannot do so because of a communication deficit (ie. no speech, limited speech).
When a child's "behavior" is seen merely as bad behavior and not as an effort to communicate, the child can become even more frustrated thus causing escalation. Adults who are not properly trained to distinguish these "behaviors" or to decipher the "communication" attempts can sometimes escalate the child to a critical point when the use of physical and/or mechanical restraint comes into play.
What is Physical Restraint?
“Restraint” is defined as any physical
method of restricting an individual’s
freedom of movement, physical activity or
normal access to his/her body.
Physical restraints are becoming more prevalent in public schools. Deciding whether or not to physically restrain a student requires an understanding of legal requirements, professional standards, and health and safety issues.
Effective Responses: Physical Restraint - Fact Sheet from Safe and Responsive Schools.
Read more about Abuse and Restraints in Schools.
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IDEA Safeguards for Children |
It is essential that parents and school personnel realize that The Individuals with Disabilities Education Act (IDEA) provides safeguards for these children. If a child's "behavior" gets in the way of his or her education (or that of others), certain steps must be taken in order to ensure FAPE.
IDEA requires that a child's Individualized Education Planning (IEP) Team consider to the child's behavior if it interferes with his or her education or the education of others. IDEA is explicit in what it requires the IEP team to do when a child with a disability has behavior problems.
Positive Behavior Supports in IDEA
- If a child's behavior impairs the child's learning or that of others, the IEP team shall consider the use of positive behavioral interventions and supports
- If school personnel decide to change the child's placement because of a violation of a code of student conduct, the school district, parent, and relevant members of the IEP team shall review all relevant information including the IEP, to determine if the conduct was caused by or had a relationship to the child's disability
- If the team determines that the child's conduct was a manifestation of the disability, the IEP shall conduct a functional behavioral assessment, and implement a behavior intervention plan
- If a behavior intervention plan already exists, the team must review and modify it to address the child's behavior
(Wrightslaw: Special Education Law, 2nd Edition, page 103,119-120);
Sample Letter: Letter Requesting "No Restraint"
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Court Rules P & As have Statutory Obligation to Investigate Abuse and Neglect |
Connecticut Office of Protection and Advocacy for Persons with Disabilities v. Hartford Bd of Educ, Hartford Public Schools and Robert Henry, Sup. of Schools (2nd Cir 2006)
After media reports of children being neglected and abused at the Hartford Transitional Academy, a "therapeutic educational program" for emotionally disturbed children, the Connecticut Office of Protection & Advocacy launched an investigation into these allegations. Administrators at Hartford Public Schools stonewalled, refused to provide the agency with any information about the children or contact information for their parents. School officials refused to allow the P & A staff to interview students at the "Academy."
Why? Hartford Public Schools claimed the Individuals with Disabiliities Act and FERPA barred them from releasing infomation about the students who may have been neglected and/or abused by them.
Disability Rights Wisconsin, Inc., v. v. Wisconsin Dept. of Public Instruction & Elizabeth Burmaster, Superintendent of Public Instruction (7th Cir. 2006)
This case involved several children who were dragged into seclusion / time out rooms at Lincoln Elementary School.
When Disability Rights of Wisconsin tried to investigate, the Department of Public Instruction refused to provide any information about the identity of the children involved or their parents, claiming that this "confidential information," pursuant to the Family Educational Privacy Act.
The Court decision includes a detailed description of the responsibilities of P & As to protect individuals with disabilities and limitations on confidentiality under the Family Educational Rights to Privacy Act.
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School Is Not Supposed to Hurt |
 In January 2009 the National Disability Rights Network released this shocking report on seclusion and restraint in U.S. schools.
This report, School is Not Supposed to Hurt, identifies the abusive use of restraint or seclusion nationwide which has resulted in injury and trauma and, in far too many cases, death to children with disabilities.
Currently, there is no mandated system in place to report or collect data on these abuses. |
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Statewide Guidelines Concerning Restraint or Seclusion |
  No statewide laws, policies or guidelines concerning restraint or seclusion use in schools. Even if there are laws, policies or guidelines, they often are inadequate and not fully implemented or enforced.
Go to the Map of State Laws from the National Disability Rights Network and click on state to see your state's law regarding restraints. |
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