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Action Needed to Protect Children

in Virginia from the Use of Restraint,

Seclusion and Aversives

 

    The Virginia State Board of Education is considering proposed Regulations

    Governing the Operation of Private Schools for Students with Disabilities.

    These regulations would govern the use of restraint, seclusion, and

    aversives with children with disabilities.  As currently drafted, they would

    permit practices that can injure, traumatize, and even kill students.  They

    would permit dangerous and cruel aversives that harm students.  They

    would allow prone restraint and other restraints that impede breathing.

    They do not fully protect parent's right to know or to be able to have a

    debriefing where they work with the school to make changes.  Children

    have died and been injured in restraint and seclusion.  They are so

    dangerous that they must be limited to emergencies where they are

    absolutely necessary to protect someone from physical harm.  But the

    proposed regulations have ambiguities that would permit their use in

    other situations.

 

    The Virginia Coalition of Students with Disabilities is urging people with

    disabilities, family members and other advocates to share their views

    with the Virginia Board of Education. The Coalition has developed the

    attached public comment on the proposed Regulations.

 

    INDIVIDUALS We are asking individuals to write to the Board of

    Education at BOE@doe.virginia.gov and send the one paragraph

    email below to them.  Or write your own letter sharing your concerns with

    the Board of Education.

 

          I support the comments of the Virginia Coalition of Students with

          Disabilities regarding the Virginia Department of Education's

          proposed Regulations Governing the Operation of Private Schools

          for Students with Disabilities.  As currently drafted, the proposed

          regulations could allow dangerous restraint, seclusion, and aversive

          practices that can injure, traumatize, and even kill children with

          disabilities. The GAO has documented the deaths of 20 children

          from restraint; other children have died and been injured in

          seclusion.  The regulations should ban restraints that threaten life

          or impede breathing, including prone restraint.  Restraint and

          seclusion should be used only in emergencies where they are

          absolutely necessary to prevent physical injury to someone.  They

          should never be part of student's behavioral plans.  Parents should

          receive oral and written notice of their use, and be part of a debriefing

          process.  Restraints should never stop children from communicating

          medical distress.  VDOE should restore the initial proposal to ban

          aversive stimuli—such as chemical sprays, electric shock, placing

          children in freezing cold, and excessively loud noises.  Aversives

          are painful, inhumane, and should never be used.  Please protect

          children with disabilities from these dangerous practices and adopt

          the Coalition's comments.

 

    ORGANIZATIONS  We are asking organizations (state, national, or local),

    to write a letter to VDOE and to also sign the Coalition's comments.  Our

    comments will be going to the members of the Board of Education and

    the Superintendent.  We would like to have a number of organizations

    signed on to show the strong support for our comments.  Please go to

    http://www.surveymonkey.com/s/Y55KKLQ to sign on to the Coalition

    comments. This site allows us to download sign-ons into an Excel spread

    sheet.  Please sign on an organization only if you are authorized to do so.

    Your organization will be included with the Coalition’s comments if we

    receive your response by Tuesday, May 21, 5pm. This survey Monkey

    sign-on is only for organizations. It is very important for individuals to

    send an email directly to the Board of Education.  Your views as

    constituents are important and they need to hear directly from you.

 

   For more information, click here.

 

   Thank you for your action on this important issue.

 

Maureen Hollowell

Virginia Coalition for Students with Disabilities

757-351-1584

mhollowell@endependence.org

---

Virginia-wide Directory Available for

Consumer-Directed Assistants

  A Statewide Directory is now available for people who

  would like to become a Consumer-Directed Assistant

  and for people who need a Consumer-Directed

  Assistant.  People wanting to become assistants can

  list their skills, availability, location, and contact

  information. People with disabilities that need

  assistants can search for a person to work with them

  that matches their needs.

  To list your name and skills on the Directory or to

  search for a Consumer-Directed Assistant, go to

  www.CDSupport.info

  A Consumer-Directed Assistant helps an individual

  with a disability with supports needed to live in the

  community.  There are several programs in which

  people hire their own staff.  Most programs require,

  at a minimum, that to be a Consumer-Directed

  Assistant, a person must:

• be 18 years old

• have a Social Security number

• pass a criminal background check

• pass a Child Protective Services check, if

  working with a child.

 The Directory is new. We welcome your feedback on

 the Directory. Please send your comments to

 VaWaivers@endependence.org.  Revisions will be

 made to the Directory based on use and feedback.

  The Virginia Board for People with Disabilities (VBPD) provided

   funding for the development of the Directory through the

   Improvement and Expansion of Consumer-Directed Services

   grant awarded to the Virginia Association of Centers for

   Independent Living.  The Directory was developed and is hosted

   by Public Partnerships (PPL).  More information on VBPD can be

   found at www.vbpd.virginia.gov. Virginia Association of Centers

   for Independent Living information can be found at www.vacil.org.

"Opening Doors To Opportunities With The Disability Community"

What is Independent Living?    What is Independent Living?  Essentially, it is living just like    everyone else having opportunities to make decisions that    affect one’s life, able to pursue activities of one’s own    choosing—limited only in the same ways that one’s non-    disabled neighbors are limited.       Independent Living should not be defined in terms of living on    one’s own, being employed in a job fitting one’s capabilities    and interests, or having an active social life.  These are    aspects of living independently.  Independent Living has to do    with self-determination.  It is having the right and the    opportunity to pursue a course of action.  And, it is having the    freedom to fail—and to learn from one’s failures, just as non-    disabled people do.

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