Restraints in School: What Can You Do?

Restraints in School: What Can You Do?

Zachary’s laughter has been called infectious. One specialist even opined it sounded much like Charles Schultz’s famous character, Snoopy.

The breath-taking sounds of pure joy that seem to burst forth from deep inside his belly are a special treat these days. Zachary doesn’t laugh much anymore.

There’s a reason my six-year-old’s giggles have been replaced by meltdowns. His story deserves to be told because he is not alone. There are many children just like him—their voices must be heard. Moreover, if we have any compassion, we must listen.

This is Zachary’s story…

It was only the third day of first grade—Aug. 26, 2015—that my child was involuntarily committed to a hospital more than two hours from my home.

Working as a reporter for a daily newspaper with beats consisting of breaking news and education, I was preoccupied with an article when I received an email from Zachary’s principal.

“Something’s wrong,” she wrote.

I wouldn’t know just how much was wrong until arriving at the school in Pamlico County, a 30-minute drive from my office in New Bern, N.C.

Zachary had not been properly diagnosed yet, but we would learn he suffered from Generalized Anxiety Disorder and an unspecified neurodevelopmental disorder, possibly Asperger’s Syndrome. Once I arrived at the school, I learned from the principal Zachary was restrained in front of his classmates and physically carried to the principal’s office, where I would find him on the floor in the middle of a meltdown with at least five adults staring in disbelief at him.

Due to the traumatization from the restraint, he was curled in the fetal position. He would not speak. His anxiety was extreme after being the subject of glares from the adults standing above him.

The School Resource Officer was called by officials to the school, where he promptly placed Zachary in the back of a Sheriff’s vehicle without permission, then proceeded to the nearest hospital where he was involuntarily committed due to “tantrums at school,” per the hospital report.

Zachary spent five days at a children’s hospital. His little mind couldn’t comprehend why he was taken away. Due to this situation, I was forced to inform my editor of the need for me to be close by in order to comfort my child during the hour of visitation allotted each day.

I wish I could say Zachary’s story is one of a few. Perhaps his is more egregious in the fact he was forced by law enforcement into the back of a patrol car and had his civil rights even more violated by being involuntarily committed to a hospital due to a manifestation of his disability.

But Zachary is not alone.

A 2014 National Public Radio Investigative report found that restraints were used at least 267,000 times each year in schools throughout the United States.

After his hospitalization, Zachary had many lonely days at school. While his friends enjoyed the freedom of the monkey bars, he spent recess alone in the “Choice” room. He wasn’t even afforded the luxury of lunch with friends, and he was restrained on many more occasions before I finally had enough and, at the advice of his doctor, decided to quit my job to homeschool him.

When asked recently if he would return to the school if teachers were properly trained and didn’t restrain him, he looked at me and said, “Mommy, you would do that to me?”

I simply replied, “No,” while secretly wiping away tears.

Due to the enduring trauma from that day and others where Zachary was placed in holds and held in seclusion from his peers, I no longer write as a journalist. I write for Zachary with the hopes there will be more days filled with laughter.

PHOTO ZACHARY GARRETT

IMAGE COURTESY CRYSTAL GARRETT

Crystal Garrett’s story about her son, Zachary, is one of many played out across the country in schools every day. It is partly due to lack of education on behalf of the faculty and staff, partly due to antiquated school board policy, partly due to parents not knowing what is going on inside the classroom walls, and finally, partly due to parents not having the resources needed to take action.

It is time for all of this to stop!

Taking on your child’s teachers, IEP team, school administrators, and local or district school board may not be the easiest thing you have ever done, but you will probably agree it is by far not the hardest.

Our goal is to help make this process a bit easier by preparing you with some information from others who have walked in similar shoes. The best case scenario is that change has already occurred in your school district, and sitting down for a meeting with school personnel to discuss your child’s needs will handle the situation. The worst case scenario is that you may have to get an attorney to join in the “fight.” Ultimately, you are standing up for the rights of your child to be treated in a humane and compassionate way. One that will calm the situation rather than add fuel to a fire that could turn into an explosion that is unhealthy for your child and everyone around him or her. The more you know about how to handle your child’s meltdowns, the better able you will be to convey that information to the necessary parties.

PHOTO CRYSTAL AND ZACHARY GARRETT

IMAGE COURTESY CRYSTAL GARRETT

A Perfect World-Unfortunately Not the Case

In a perfect world, national laws would be in place for each school district and board across the US to follow. There would be no gray area allowed for individual interpretation. Organizations such as TASH (http://tash.org) are leading the fight on a national level. This is an excellent resource for parents and schools, offering information and publications while fighting for rights at the national level.

Another excellent resource for parents can be found at the Center for Parent Information and Resources (http://www.parentcenterhub.org/restraint-seclusion-ed2016/). This article provides a link to the analysis of state seclusion and restraint laws and policies.

Check out the Family Network on Disabilities (http://fndusa.org), founded in 1985 by a group of parents of children with disabilities. This organization is familycentered and family-driven and has an excellent resource section. While focused on Florida needs, the resources provided can be beneficial for individuals in other states, as well.

Melody Hearn, a parent herself who has had to fight for her own son’s rights, provided some excellent information for parents finding themselves in the middle of this battle for the well-being and safety of their children.

Her recommendations for first-time parents of a special needs child entering school are as follows:

Have a portfolio of your child’s strengths: what they love and are good at – this can help the teacher guide them in positive directions.
Name positive supports and motivators for positive awards.
Provide any apps used at home for positive choices and daily needs.
Bring any behavioral services information to IEP, and seek
collaborative effort and cooperation from school district to design behavior intervention plans (BIP) that can allow for continuing care across setting at school, home, and community.
If a positive tone of collaboration is provided, the ABA (applied
behavior analysis) analyst or behavioral assistance provider would be sent to work with your child during the adjustment phase regarding following all school board policies – assistance would fade as the child learns the expected classroom behaviors.
Provide a copy of the form on TASH website against restraint, or a witnessed, dated letter as such, or a letter from an attorney putting the School Superintendent on notice in case restraint results in bodily or emotional harm or injury, including PTS or trained response to fight or flight mechanism.
Ask that all teachers and staff, including transportation, attending to your child’s needs and activities are trained in non-violent PCM (Personal Crisis Management/Intervention) or CPI (Crisis Prevention Institute) techniques for de-escalation and follow-up of events when restraint is used. This is to be used only in life-threatening events.
You may also want to ask your child’s healthcare provider(s) for a letter of information appropriate to this subject.

If all of the above seems like a lot to handle up front, remember – the goal of this is to be proactive to avoid situations rather than having to be reactive to deal with what could happen. The better equipped you are to set your child up for success, the better chance you have of a positive outcome and experience.

PHOTO MELODY, MATTHEW AND DANNY HEARN

IMAGE COURTESY MELODY HEARN

Handling the Consequences of Restraint

If the unimaginable has happened, it is time for action. As a parent, it is natural for your first response to be one of extreme anger. Take a moment to calm your head and focus first on the immediate needs of your child. Are there any physical injuries? If so, document them in writing and with photos. Contact the child’s physician at once for an immediate appointment. Seek any necessary medical treatment and get copies of all tests and reports.

Next, reinforce positive feelings and behavior in your child in whatever way you can. The school, school board, and others involved are not going anywhere – your child’s immediate physical and emotional needs come first.

Once all of the above has been handled, it is time to arrange a meeting with the principal, teacher, IEP officer, and anyone else who was involved in the restraint. Know your state rights ahead of this meeting. In Florida, you must be notified within 24 hours of restraint, and receive a written form providing the detail of the incident within three days. This includes full accounting to the building principal, district office, and Florida Department of Education. Check your own state’s Department of Education to find out the requirements.

Every county also has their own plan for specific policies and procedures. Ask your principal for a copy of the “plan for reduction of restraint, seclusion, and suspension” in effect.

Request parental access to video recording from buses or hall monitoring cameras immediately – if the principal denies this due to HIPPA laws, contact an attorney. If they say that there is none, request it in writing (via certified letter) or email (emails are public documents that can be used in court). If it is stated that it takes a special system to view it, request the necessary accommodations – again in writing. You may have to work with a public records officer, police officer, or deputy, especially if there is reason to believe there is suspected abuse. If DCF (Department of Children and Families) gets involved, the process could be lengthened. Make sure you are notified of any reports and findings, including receipt of a copy of any closed case report.

You may need to hire a Special Education Attorney and/or file a DOE and/or Office for Civil Rights written complaint. Sometimes the mere mention of hiring an attorney is enough to get the cooperation you need from the school principal or district office.

Here are some further steps you can take when restraint has been used on your child:

Always speak with the IEP team as the IEP is protected by Section 504 of the IDEA for the protection of students with disabilities
Request a facilitated IEP – the Department of Education can assist with this – with the school Principal, ESE Director Superintendent, School Board Members, and anyone else that you find to be of assistance

Above all else – use the resources available to you in this matter. Check out the Positive Behavioral Interventions & Supports website (https://www.pbis.org/) for additional information. Florida also offers the Positive Behavior Support Project (http://flpbs.fmhi.usf.edu/) that has further information, resources, and links.

You are not alone in your quest for a safe and positive learning experience for your child. Resources are available to you, and many of the links have been provided here. You can also check online for support groups in your area. Sometimes other parents are your best resource.

Thank you to the parents who provided their insight on this subject. Hopefully, their battles will make it easier for others to seek out positive solutions for their own children.

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This post originally appeared on our July/August 2016 Magazine

Restraints in School: What Can You Do?

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