Why Your Child Needs a “No Consent” Letter for Restraint and Seclusion

Two Ohio teachers caught on video dragging an Autistic boy will not be criminally charged. The disturbing video below shows the teachers restraining the boy. The teachers still face possible disciplinary action.

This type of incident of restraint and physical punishment of students with disabilities is more common than you might think.

Two Ohio teachers drag an Autistic boy

A study of 99% of public schools by the United States Office of Civil Rights found that students with disabilities are restrained and secluded at a much higher rate than their typical peers. The office found that although students served under IDEA make up only 12% of the U.S. public school population, they make up 67% of students who were restrained or secluded.

That’s 70,000 students with disabilities who were restrained or secluded in the 2013-14 school year, for which the last data was recorded. Let that sink in for a moment. And assuredly there’s a lot more incidents that are not reported.

A “No Consent” Letter for Restraint and Seclusion

The best way to prevent this type of incident from happening to your child is to find out if your school’s personnel are trained in non-violent crisis prevention and to add a “No Consent” letter for restraint or seclusion in your child’s official records. The Individuals with Disabilities Education Act (IDEA) is very clear about this issue. The law states that school districts MUST consider the use of positive behavioral supports and Functional Behavior Assessment (FBA) plans if a child’s behavior interferes with their education or the education of others, but most do not.

Read Related Post: Why Your Child’s Teacher Should Be Trained in Non-Violent Crisis Intervention

I could never imagine my son’s teachers using the techniques the teachers above used and my son doesn’t really have any violent behaviors. Still, I have a “No Consent” letter on file. The statistics are not in your child’s favor, no matter who your child’s teacher is. It’s prudent to add this type of letter to your child’s record whether you like their teachers or not. The letter need not be adversarial, but instead puts in writing your expectations for behavior supports.

What should be included in a “No Consent” Letter

A “No Consent” letter will make it clear that you do not approve or consent to any harmful or exclusionary techniques. Include the following in your letter:

  1. Name and contact information for your school district
  2. Date that you send the letter
  3. Name of your child, birthday, and school they attend
  4. Describe your child’s disability and any behavior concerns you have
  5. Clearly state that you do not consent to any negative behavior techniques including: restraint, seclusion, physical management, seclusionary time outs, forcible holding, dragging, use of ties and straps, slaps, deliberate humiliation, or deprivation of nutrition or exercise.
  6. Clearly state your opposition to these strategies: This letter is to make it clear that I have not authorized or given consent to any of the above strategies being used on my child
  7. Add family emergency contact information in case any situation arises where the school feels they cannot respond in a safe and non-threatening way.
  8. Make clear that IDEA states that only positive behavior supports like a formal behavior analysis should be used. Add that you would like to be part of any team that develops a FBA plan.
  9. Add any effective behavior techniques that have worked in the past for your child.
  10. Ask that an IEP meeting be held if problems arise or persist.
  11. Thank them and remind them that you will be holding them accountable if any restraint or seclusion technique without your permission.

The last time Congress took up the issue was in 2010, but the bill died because of language in the bill that would have allowed restraint and seclusion to be written into the students IEP. Now the federal government under the new Every Student Succeeds Act is requiring states to reduce these “adversive behavior interventions.” Sadly, parents must be proactive about the possibility of restraint and seclusion until school districts and the government takes a clear stand.

If you want to see a sample of a “No Consent” letter click here. Do you have a no consent letter on file for your child? Has your child ever experienced this type of negative behavior strategy? Tell me what you think below.

 

 

Teaching Cultural Literacy Promotes Inclusion for Students with Down Syndrome

Two years ago, my twin son’s preschool teacher gave them an assessment to identify common consumer products or stores like: Kroger, McDonald’s, and Walt Disney.

           

They both failed miserably. We were new to town and were used to shopping at the Commissary at our previous duty station. My kids, at barely 3-years-old, had not yet experience the magic of the golden arches or Mickey Mouse on repeat. I was offended by the vulgar consumerism in this assessment; not to mention the fact that my son with Down syndrome couldn’t yet verbalize his own name…how was he going to say “Kroger.”

Read Related Post Here: Promoting Inclusion Through Universal Design for Learning

So much about this assessment was wrong, but the essential idea behind it is important to understand. “Cultural Literacy,” coined by educator E.D. Hirsch, means having a familiarity with information that is common knowledge. His ideas became the basis of the common core standards. The problem is too many students with Down syndrome are not accessing the general education curriculum, and are therefore missing huge chunks of information that most Americans know and understand without explanation.

Special Educator, Janet Romo, says students with Down syndrome’s lack of cultural literacy only leads to unemployment, exclusion, and isolation. “My Master’s in Special Education really didn’t prepare me to teach students with intellectual disabilities. The textbooks will tell you these students need a lot of repetition, but often schools are just teaching life skills on repeat. I searched for modified lesson plans aligned to the general education curriculum, but there was nothing available. When my own daughter with Down syndrome reached middle school I realized there was no way for her to access the curriculum in a general education Social Studies class,” Janet explains.

So, Janet began creating her own. She now has a business and private Facebook group called Austin & Lily: Intellectual Disabilities and Education, that features tips for teachers and entire units of study aligned to general education curriculum at various reading comprehension levels. “I went back for my doctorate and focused on inclusion of students with Down syndrome. I now teach at the university level, and realized there was a great need for lesson plans to specifically teach these students grade-level curriculum at their level,” Janet says.

Read Related Post Here: 5 Tips to Include Students with Down Syndrome in the General Education Classroom

“It takes me about 8 hours to develop one book as part of a unit of study. I’ve stayed away from the high order thinking. I lay it out on a more basic level. They need to have pictures representating what you’re teaching. The research shows the more realistic the image the better, because they’re looking at these images literally,” Janet explains. Austin & Lily now has units of study for Social Studies and Current Events at all grade levels. You can find them here.

Austin & Lily Unit on George Washington

The Individuals with Disabilities Education Act (IDEA) and the recent Endrew Supreme Court Case require school districts provide meaningful benefit to students with disabilities in the least restrictive environment and with the general curriculum. Janet says many students with Down syndrome are good readers, but often can’t comprehend what they’re reading. Offering a visualization of the content can help build cultural literacy.

“I’m an advocate of the more background knowledge a person has the less difficult it is to visualize. Students with intellectual disabilities need to be exposed to a lot of vocabulary, people, places, things. Background knowledge needs to be built up. If you’re going to read a book about the Arctic, a good teacher must build up background knowledge, like a powerpoint about what happens in the Arctic, images, and words used there. All this prepares the student for the book. We’re preparing them for life by building up these schemas to help them understand,” Janet describes.

Janet says she plans to move on to creating units for other subjects, and says it will be a never-ending venture. Her goal is to sell licenses of her material to school districts. She wants all students with Down syndrome to have a basic understanding of common topics like Shakespeare, American Government, Biology and Current Events.

As for my twin boys, after living in Ohio for three years, both give a shout out to Kroger when we drive by now. They’ve only been to McDonald’s once, but my son with Down syndrome has an affinity for Mickey Mouse. Although I disagree with the way their preschool assessment was done, I do agree with Janet. Cultural literacy is one way to better inclusion in society.

Check out Austin & Lily’s products here, and join Janet’s private Facebook group here.

What successes and barriers to learning Cultural Literacy has your student with Down syndrome faced?

Speak Your Fear, Be Fearless

I feel alone.

Are my hands sweating?

They’re never going to go for my request.

I wish I would have brought someone with me.

I want to vomit.

Let’s just get this over with!

This was me in some of my son’s first IEP meetings in preschool, but it really could be anyone. I have friends who text me before going into their child’s IEP meeting and the commentary is the same. Fear and loathing!

Read Related Post: 3 Words that Will Transform Your Next IEP Meeting

I’ve never been a very confrontational person. I want everyone to just get along. To this day I still sometimes shake my head “yes” to decisions made in my own son’s IEP meetings, while inside I’m thinking “This doesn’t sound right!” Then I get home and I realize “it’s not right!”…then I really freak out. My husband gets the brunt of this freak out session. Poor guy! I mean, I really go bonkers. Then I get angry.

I was sick of feeling this way, which is one reason I decided to complete the Council of Parent Attorneys and Advocates year-long Special Education Training. I knew I was supposed to be an equal member of the IEP team, but always felt like the school personnel had the upper hand. They’re in charge of the evaluations, the initial draft, and they ran the meeting.

The COPAA SEAT course gave me the legal expertise to know that it didn’t have to be this way. If I disagree with the school’s evaluation, I can request an independent educational evaluation (IEE) at school expense. I could offer my own “draft” of the IEP with my ideas for present levels, IEP goals, and accommodations. I could ask for a draft before the meeting. I could also provide my own agenda for the meeting. And the IEP document can ALWAYS be changed, even after the meeting.

All of this went a long way in quelling some of my fears, but that emotional charge of walking into your own child’s IEP meeting never quite goes away. That’s why I started speaking about my fears for my son.

You’ve probably heard of “speaking truth to power,” or a non-violent way of fighting back against corrupt governments. This is similar, even if the school is well-meaning and not corrupt. It may seem counterintuitive, but speaking your fears can actually expose what may be wrong or challenging about your child’s situation in a real and authentic way. Get it out and be done with those fears. What are your fears for your child? SAY THEM OUT LOUD! WRITE THEM DOWN!

Read Related Post: Advocate Like a Mother

I fear my son will be mistreated and I will never know, because he can’t tell me.

I fear my son will be separated from his twin brother and other peers, because he has a cognitive disability.

I fear that he will be left in a general education classroom without the supports he needs.

I fear that behaviors that are a manifestation of his disability will be used to segregate him.

I fear, I fear, I fear!

SAY IT OUT LOUD! WRITE IT DOWN!

Then, here’s the clincher…..

Say them to the IEP team. I know!!! It’s super scary, but it’s also revolutionary!!! If you’re like the old me you can also just write them down and present them in an agenda at the meeting. Speaking our fears is one of the most powerful ways to overcome them; to ensure our worst fears for our children never happen. Instead, solutions to your fears take center stage at the IEP table.

Most teachers and principals are in education for the right reasons. They really care about our kids. They want what’s best for them. If we speak our fears to them it really sets the stage for an open relationship that’s focused on what’s best for the child. Sometimes being vulnerable, speaking your fears, is the most powerful tactic you can take!

What helps you stay on-point at an IEP meeting? Tell me your fears below.

Top 5 Blog Posts of the Year

2018 was a year of change for our family. The military moved us across country, my twin boys (one with Down syndrome) started kindergarten, and I started a special education advocacy business. So, far all those ventures have been a success. We found a school in Washington state that believes in inclusion. My twins are in the same general education classroom; my son with Down syndrome is receiving supports inside the regular classroom. With my youngest child still at home, I’ve started slow with my special education advocacy business…but things are heating up with phone calls from around the nation and some special clients locally.

What hasn’t changed is my need to learn everything about special education law, inclusion, and the disability civil rights movement. And I still love sharing what I’ve learned on this blog. Judging from my top 5 read blog post, you are eager to learn more too.

My New Year’s Resolution is to help more families advocate for their child with a disability in school. To secure their child’s civil right to a Free and Appropriate Education in the Least Restrictive Environment. To share what I’ve learned from this venture with you here. Please let me know if you need help. Click on the “services” tab on the menu to learn more.

So without further ado, here are the Top 5 Blog Posts of 2018:

  1. Least Dangerous Assumption: This theory that explains the bigotry of low expectations we set for people with disabilities will blow your mind. It will change how you view every IEP meeting you attend. It’s a must know in the new year!
  2. Why Your Child Needs a “No Consent” Letter for Seclusion and Restraint: It’s the blog post that I wish wasn’t in the top 5, but has obviously hit a nerve. This post consistently ranks in the top 3 blog post on my blog on any given day. It’s disturbing, and speaks to the dark side of special education. There’s been too many instances of seclusion and restraint across the nation this year. Still, the post gives you some guidance on how to prevent seclusion and restraint tactics from happening to your child. I gave my son’s school a “No Consent” letter as soon as we moved here. The district already has a policy against these tactics, but I respectfully and politely pushed to have this in his file just in case. The IEP team completely understood my concerns.
  3. Teen with Down Syndrome Wins Inclusion Case in Federal Court: The Down syndrome community and all special education students had a huge victory in federal court this year in the case of Luka vs. Hamilton County School District in Tennessee. Luka and his Mom sacrificed a lot to ensure he received the education he deserved; and their bravery has a positive impact on us all.
  4. Using a Recent Federal Court Case at Your Next IEP Meeting: Luka’s mom specifically talks about how you can use her son’s case at your own child’s IEP meeting to fight for inclusion. Her words will stay with you…check it out!
  5. 7 Research Studies You Can Use At Your Child’s Next IEP Meeting to Win the Fight for Inclusion: This was one of the most shared blog post of the year. Did you know there’s not one research study since IDEA was signed into law more than 40 years ago that says a separate setting shows an academic benefit for students with intellectual disabilities. Find out what the research says about all the benefits of inclusion!

What blog post was your favorite? What do you want me to write about in the New Year? Let me know in the comments below. We’re wishing you an inclusive 2019!

Least Dangerous Assumption

If you’re a teacher or parent of a child with an Intellectual or Developmental Disability (IDD) understanding Least Dangerous Assumption theory could be life-altering for yourself and your students and/or children. It’s not a new idea, but it’s still a theory that should be thought of often and practiced ALWAYS.

What is Least Dangerous Assumption?

More than 30 years ago, Special Educator Anne McDonnellan stated that in the “absence of conclusive data, educational decisions ought to be based on assumptions which, if incorrect, will have the least dangerous effect on the likelihood that students will be able to functional independently as adults.” She also argued that educators should assume a student’s “poor performance is due to instructional inadequacies rather than student deficiencies.”

Read Related Post: Creating a Circle of Support

Wow! Even today McDonnellan’s argument totally flips special education around. The problem is not the child, McDonnell argues. The problem is how we instruct that child, and the environmental inadequacies the child faces. The least dangerous assumption is to PRESUME COMPETENCE of all children. Assume they can learn. Assuming they cannot learn leads to segregated settings, missed educational interventions, and ultimately dependence in adulthood.

Read Related Post: Everything is Still Possible

We must always presume competence. Society’s ingrained discrimination of people with disabilities leads us down a very dangerous path. Low expectations and segregation become the norm with this world view. It’s so important that every person is given the opportunity to be included and try participating in typical activities. Too often the a child has to prove they can participate in general education or an inclusive activity outside of school. When we presume incompetence and fail to give the child the support they need to be successful we are the problem, not the child.

You can learn more about Least Dangerous Assumption here.

Why do you think society has yet to fully embrace the Least Dangerous Assumption? How do we change this world view? Comment below.