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Restraint & seclusion: What are your student’s rights?

When parents send a child off to school, they assume that their child will be cared for and safe. For parents of kids with special needs, especially those kids who are non-verbal, families place a huge amount of trust in the ability of teachers and other staff to create a safe learning environment.

Over the last few weeks, two disturbing stories have surfaced about students in special education programs being injured.  At a school in Seattle, a 5-year-old boy with special needs has experienced multiple, unexplained injuries while at school, one requiring 911 and emergency medical intervention. His teacher’s only explanation was he is “accident-prone.”

In Marysville, a 9-year-old boy with autism was kicked off his school bus, and his mom was called to pick him up. After they got home, she noticed the back of his underwear torn and ripped all the way down. Her son drew a picture of an angry face and indicated it was his teacher.

“We hear reports like this all too often. Anytime we hear about teachers losing their temper, or using an inappropriate level of force with a student, we see it stems from not having appropriate training on alternative interventions,” said Arzu Forough, CEO of Washington Autism Alliance and Advocacy

“It’s important for parents and advocates to learn about special education rights from attorneys who specialize in implementation of these laws, through the student advocate perspective.”

The WAAA special education law summit featuring four attorneys who specialize in representing the rights of students with disabilities is coming up on March 15, 2014.  Early registration is recommended, as space is limited.

WAAA has also developed a policy on the use of seclusion and restraint in schools. In February, WAAA was successful in helping to stop a bill that would have reduced the amount of notice parents receive on schools’ seclusion and restraint policies.

WAAA’s advocates provided a list of top questions they get from families, all of which will be addressed on the training on March 15th:

  • My child is being secluded at school, and he doesn’t even get to go to recess with other socially typical students; what do I do?
  • The school has such low expectations of my child, they are placing such a low glass ceiling over his education and he’s really very smart; what do I do?
  • My school is telling me they can’t assess my child because he’s non-verbal. Can they really refuse to assess him?
  • My child’s behavior is deteriorating so much since he’s been put in an autism program.  How do I get him into a more inclusive setting?
  • My child’s teachers and school staff completely ignore serious maladaptive behaviors. How do I compel them to see this is detrimental to his education program?
  • My son is not at all engaged in general ed. How do I negotiate for appropriate supports in general education when the educators would prefer to send him to a special ed. classroom instead?

To register for the WAAA IEP/IDEA spring law summit visit: http://www.washingtonautismadvocacy.org/updates/advocacy/training-workshops/

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