Barb Trader

What’s Happening in Washington?

May 12, 2010

Welcome!

• TASH Mission – Inclusion and Human Rights for People with Significant Disabilities

• TASH Background – 35 years; leader in inclusive education, deinstitutionalization, customized employment and individualized supports

TASH’s National Agenda

• Work nationally on issues

• Focus our work

• Solve intractable barriers to equity and participation

• Use our strengths to bring about change

Five Areas of Focus

1.1.EducationEducation

2.2.EmploymentEmployment

3.3.Community LivingCommunity Living

4.4.People of ColorPeople of Color

5.5.Human RightsHuman Rights

Human Rights Goal

Prevent and eliminate the use of aversives, restraint and seclusion as a means of behavior intervention

Family Activism

• Georgia 8th-grader’s suicide in seclusion room spurs lawsuit

• Lee County Florida - 9-year-old arrested at school

• Stroudsburg (PA) officials admit school has a padded room

• Special ed student taped to chair

• Block Island (RI) officials defend room in school basement

• Pittsburgh teacher accused of abusing special needs student

In the headlines:

www.tash.org/aprais

National advocacy organizations working together!

APRAIS: Alliance for the Prevention of Restraint, Aversive

Interventions and Seclusion

• American Association of People with Disabilities

• Association of University Centers on Disabilities

• Autism National Committee

• Autistic Self-Advocacy Network

• Bazelon Center for Mental Health Law

• Children and Adults with Attention Deficit/Hyperactivity Disorder

• Council of Parent Attorneys and Advocates, Inc.

• Families Against Restraint and Seclusion

• Family Alliance to Stop Abuse and Neglect

• Fragile X Foundation

• National Alliance on Mental Illness

• National Association of Councils on Developmental Disabilities

• National Association of State Mental Health Program Directors

• National Disability Rights Network

• National Down Syndrome Congress

• National Down Syndrome Society

• RespectABILITY Law Center

• TASH  

• The Arc of the United States

• UCP

What We’ve Learned: Myths v. Facts

Reports and Studies on Restraint and Seclusion (see org websites)

• NDRN – School Is Not Supposed to Hurt• COPAA – Unsafe In The Schoolhouse: Abuse

Of Children With Disabilities • GAO – Restraint and Seclusion: Selected Cases

of Death and Abuse at Public and Private Schools and Treatment Centers

• TASH – Use of Restraints, Seclusion and Aversive Procedures with Students with Disabilities

Major Findings Kids are not protected: Widely divergent laws at the state level

Widespread: Hundreds of cases of alleged abuse and death from

restraint and seclusion on school children during the past two decades

No accountability: no entity holds schools accountable

Unprepared workforce: Teachers and staff are not trained and

unprepared

Segregation is dangerous: sped classrooms is where most abuse

occurs

Used on the most vulnerable kids: Youngest kids and kids without

verbal communication are most likely to be abused

The potential for harm is too great: Nearly all students are traumatized

and/or injured when used

TASH Survey• Two weeks, 1300 opens

• 837: yes – restrained or secluded

• 69%: 6-10 years old

• 41%: Special ed classroom

• 22%: Special ed/ General ed classroom

• 25%: Prone restraint

• 58%: Secluded in “special” room

• 35%: One or more hours

• 93%: Emotionally traumatized

• 66%: Parents rarely (27.4) or never (39) contacted

• 62%: Experienced physical injury

Why Does Restraint and Seclusion Need to Stop?

• Deeply traumatizing • Undermines trust and capacity for learning• Escalates fight/flight response – deepening

negative behavior patterns• Often causes physical harm – even death• Almost always used for compliance or

convenience• Much more effective means for guiding behavior

House Labor and Education Committee.

Main points of APRAIS testimony at Congressional Hearing – GAO Release: Restraints and Seclusion:

• Are dangerous and traumatic for EVERYONE involved• Are used for convenience and punishment MUCH

more than for emergency interventions, and on the most vulnerable children

• Have no therapeutic benefit

• Can and should be prevented!!

HR 4247 Passed March 4

• Bans all restraint that impedes airway• Limits the use of restraint and seclusion to use

in emergency – imminent physical harm• Bans the practice of including use of restraint or

seclusion in IEPs or BIPs• Requires parent notification• Requires data collection, planned improvement• Requires evidence-based staff training

HR 4247

• Introduced by Rep. George Miller (D-CA) and Rep. Cathy McMorris-Rodgers (R-WA)

• Passed March 4 – Chairman Miller’s closing statement, http://youtube.com/watch?v=K239Glb77y4

Status of S 2860

• Introduced by Senator Christopher Dodd (D-CT)

• Need Republican Co-sponsors: educate and bring along

Key Issues Threatening Passage

• States rightsAnswer: more than 12

years since Hartford Courant first broke story - no state action

• Private SchoolsAnswer: precedent in

fire and health codes, etc.

• IEP/BIP ExclusionAnswer: plans require

evidence based practice leading to improved academic outcomes – restraint and seclusion are proven to impede progress and are not evidence based

Next steps

What can YOU do?

Actions you can take NOW

• Educate your Senators

• Ask Senate Members to Co-Sponsor, starting with Republicans (Today!)

• Meet with Home Office Staff

• Prepare by visiting the APRAIS web site• Take the Myths and Facts Sheet; studies• Tell personal story you know • Acquaint them with the APRAIS web site • Ask if there is information they need; refer

to me• Ask them to keep you posted and use you

as a source of information.• Send a thank-you letter for the visit, and

cc: me (btrader@tash.org) to track Senate contacts.

Community Living Goal

• Expand the availability of person-centered individualized supports that honor a person’s life choices and provide a decent quality of life

TASH’s Background

• Leader in deinstitutionalization

• Staunch promoter of personalized and individualized supports

• Training at conferences

Community Choice Act of 2009

• HR 1670 introduced by Rep. Danny Davis (D-IL) with 124 co-sponsors

• House Energy and Commerce Committee

• S 683 introduced by Senator Tom Harkin (D-IA) with 26 co-sponsors

• Senate Committee on Finance

• Action – continue advocacy to support passage

New Info on Community Choice Act

• Removes institutional bias in Medicaid • Community Option in 2010 Patient

Protection and Affordable Care Act • $6.07 per taxpayer annually total cost• Harris Poll found 89% of Americans willing

to pay• ADAPT released findings – at

http://www.adapt.org/freeourpeople/10wdc/report05.php

Education Goal:

Transformation of school communities based on social justice principles in which all students (a) are presumed competent, (b) are welcomed as valued members of all general education classes and extra-curricular activities in their local schools, (c) fully participate and learn alongside their same age peers in general education instruction based on the general education curriculum, and (d) experience reciprocal social relationships.

TASH’s Background…..

• Years of Innovation: PBS, UDL, Etc.

• Resolutions

• Congressional Briefing

• Partnership with Including Samuel

• Membership on UDL Task Force

• IDEA Partnership

• Relationships with GenEd Groups

What are We Doing?

• More progressive Elementary and Secondary Education Act (ESEA) –

– Use Least Restrictive Environment (LRE) data for accountability for districts and states

– Gen ed teachers need credits in special ed prior to graduation

– All teachers trained in Positive Behavior Supports (PBS) and Universal Design for Learning (UDL) as undergrads

– More dual certification in general ed and special ed, or special ed and severe disability

More Info

• A Blueprint for Reform:

http://www2.ed.gov/policy/elsec/leg/blueprint/index.html

• Read and send comments to Ed Dept.

• TASH Recommendations:

www.tash.org/information_statements_resourses.html.

Individuals with Disabilities Education Act (IDEA)

• Reauthorization – anticipated for fall, 2010

• TASH position by Sept. 1

• TASH focus areas in more stringent LRE definition, enforcement, personnel prep, communication equity, research and communication equity

• To participate, watch TASH in Action

Goals for People of Color

Expand participation of people of color who have disabilities (and their families) in advocacy efforts to address and end disparities in services and quality of life

TASH’s Background

• Developed understanding of disparities

• Involved more than 300 families

• Mini grants to chapters

• Cultural and linguistic competency assessment

• Family support training program

• Partnerships with 6 organizations

Summer Symposium for Change

• Eliminating Disparities for People of Color with Disabilities in Health, Education and Employment

• July 28 and 29• Consensus on what we know, emerging

practices, research needs & policy needs• Briefing for Congress • Evening awards dinner – media and advocacy• Register at www.tash.org

What’s Up Next?

• Summer Symposium Results

• Justice Dept. and Olmstead Decision

• IDEA Reauthorization – TASH’s position

• Employment – – Eliminate federal sanctioning of sub-minimum

wage– Dramatically increase integrated employment

• THANK YOU FOR YOUR ADVOCACY!