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Punished, Protected or Prisoner: Restraints Considerations in Law, Operations and Practice

Punished, Protected or Prisoner: Restraints Considerations in Law, Operations and Practice. 22 nd ANNUAL TRANSPORTING STUDENTS W/ DISABILITIES CONFERENCE AND TRADE SHOW Peggy A. Burns, Esq. Education Compliance Group, Inc. Susan Englert Shutrump, OTR/L Supervisor OT/PT TCESC Cheryl Wolf

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Punished, Protected or Prisoner: Restraints Considerations in Law, Operations and Practice

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  1. Punished, Protected or Prisoner: Restraints Considerations in Law, Operations and Practice 22nd ANNUAL TRANSPORTING STUDENTS W/ DISABILITIES CONFERENCE AND TRADE SHOW Peggy A. Burns, Esq. Education Compliance Group, Inc. Susan Englert Shutrump, OTR/L Supervisor OT/PT TCESC Cheryl Wolf Special Needs Transportation Consultant

  2. Why is it a “hot topic”? • Seclusion and restraint have been under the microscope at least since a 2009 government report of hundreds of cases of alleged abuse and death of students over the last 20 years • Schools have emphasized prevention and containment of violence • Inclusion may have led to more frequent use by individuals w/ less training

  3. The Legal Debate • When safety becomes a constitutional rights issue • Seizure? • Justified at inception • Reasonably related in scope to original circumstances • False imprisonment? • Student not permitted to leave bus? • Confined against their will?

  4. The Legal Debate, contd. • Unlawful restraint? Law, regulation, policy? • Circumstances surrounding its use • Specific circumstances of school and child • DOE’s 15 Principles • Type of restraint • Purpose for restraint • Training on alternatives, and on safe use • Review and revision of policies • Documentation – each instance; review/revise • Notification of parents

  5. A seizure? • Is this an unusual restriction on movement? • What’s its purpose? • Is it reasonably designed to accomplish that purpose? • Compare: • Wrap-around desk (10th Circuit) • 5 employees hold student face down on ground (Ohio)

  6. Proper and improper purposes for restraint • Distinctions between physical restraint and use of CSRS • Types of physical restraint • Basket hold • Wall containment • Prone containment • Which CSRS? When and why? • When is each proper? Improper?

  7. Can just anyone use restraint? • Training • Implementation • Planning • Documentation

  8. When “Restraint” Becomes Operative Word in CSRS • School Aged Child in CSRS • Behavior drives choice of CSRS • No physical/postural support needs • Occupant restraint utilized by typical peers not enough due to limited attention, cognition or behavior prompting tendency to leave bus seat or to remove/get out of shoulder/lap or lap belt

  9. Preschool Student in CSRS • Utilizing CSRS which is different than preschool peers • All of the previous mentioned criteria for school aged students in CSRS’s also applies

  10. Procedural Safeguards for Use of CSRS’s With These Students • Assure less restrictive supports have been tried and found ineffective • Visual Supports/Schedules • Fidgets/Activities/Busy Bag • Peer in Aisle • Alternate/Multi-Sensory Modes Utilized to Communicate Bus Safety Rules and Expectations • Source of Triggers Analyzed and Accommodated • Behavior Intervention Plans/Reinforcements

  11. Team Must Focus on Vehicle Occupant Safety • Meets FMVSS 213 as does all child safety seats/CSRS’s • Safety Vest not “Harness” • Do not modify: Use only per strict manufacturer’s guidelines

  12. Support in Bus Environment Consistent With Other School Environments • Postural Supports/Equipment in Classroom? • Ratio of Adult to Child in Classroom? • Intrinsic Support of Classroom Vs. Isolated Bus Environment

  13. Assure Full Team Involvement • Selection • Fit • Use • Training

  14. Must Include Crotch Strap/Support • Well Fitted Crotch Strap is VITAL on All CSRS’s Used For Students Who May Attempt to Get Out of It ! • Prevents “Submarining” or Sliding • Keeps Belts/Harness From Moving Up Onto Neck

  15. Plan for Graduation/Discontinuation • Assure plan is in place to support student learning proper behavior to eliminate need for additional support • Specific plan in ITP which is reviewed annually (at a minimum) in IEP meeting

  16. Documentation • Full Team Involvement Documented • All Responsibilities Identified and Delegated in Written Plan • Training for Plan Implementation Documented • Test Ride Done With Results Documented • Parent and Other Team Members Sign to Acknowledge Responsibilities to Inform of Changes Requiring Modification to the ITP • Reviewed Annually At a Minimum

  17. Training • Driver and Attendant • Guidelines for the “Safe” Transportation of Pre-School Age Children in School Buses • Clear understanding of the IEP • Placement of the CSRS on the bus • Securement of the CSRS on the bus • Child secured in the CSRS

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