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 Special Needs Transportation Consultant

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

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?

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

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 (10 th Circuit) 5 employees hold student face down on ground (Ohio)

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?

Can just anyone use restraint? Training Implementation Planning Documentation

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

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

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

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

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

Assure Full Team Involvement Selection Fit Use Training

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

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

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

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