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/LSupervisor OT/PT TCESC

Cheryl WolfSpecial 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 issueSeizure?

Justified at inceptionReasonably related in scope to original

circumstancesFalse imprisonment?

Student not permitted to leave bus?Confined against their will?

The Legal Debate, contd.

Unlawful restraint? Law, regulation, policy?Circumstances surrounding its useSpecific circumstances of school and child

DOE’s 15 PrinciplesType of restraintPurpose for restraintTraining on alternatives, and on safe use Review and revision of policiesDocumentation – each instance; review/reviseNotification 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 (10th Circuit)5 employees hold student face down on

ground (Ohio)

Proper and improper purposes for restraint

Distinctions between physical restraint and use of CSRSTypes of physical restraint

Basket holdWall containmentProne containment

Which CSRS? When and why?When is each proper? Improper?

Can just anyone use restraint?

TrainingImplementation

PlanningDocumentation

When “Restraint” Becomes Operative Word in CSRS

School Aged Child in CSRSBehavior drives choice of CSRSNo physical/postural support needsOccupant 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

SelectionFitUseTraining

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 SlidingKeeps 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 IEPPlacement of the CSRS on the busSecurement of the CSRS on the busChild secured in the CSRS