Restraints in the News

By Peggy A. Burns, Esq.

The use of seclusion and restraint as disciplinary techniques has been a hot topic all spring. Reports by the Congressional Research Service and the Government Accountability Office shed light on hundreds of cases of alleged abuse and death due to the use of seclusion and restraint. Secretary of Education Arne Duncan pledged to monitor to use of these techniques.

The relevant reports did not focus at all on the use of restraints on school buses to respond to safety concerns regarding children with disabilities, and I did not believe that the conversation would soon turn to that issue. In fact, the Technical Assistance Center on Positive Behavioral Interventions and Support of the U.S. Department of Education’s Office of Special Education Programs (OSEP), while acknowledging the concerns, spoke to the use of restraints as a safety response, appropriate to include in a behavior support plan if preceded by a formal functional behavioral assessment.

I’m a bit more apprehensive now. On Sept. 11, 2009, the U. S. Department of Education published in the Federal Register a request for changes for the annual mandatory collection of data for elementary and secondary data for EdFacts. The proposed request includes the following definition which could have implications for school transportation:

Restraints—any manual method, physical or mechanical device, material, or equipment that immobilizes the ability of an individual to move his or her arms, legs, body, or head freely.

The National School Boards Association has brought this matter to its membership, concerned that this definition could lead to unintended consequences and increased litigation. School attorneys will be commenting on and monitoring the issue. We need to be vigilant to be sure that IEP teams are not hindered in their ability to include on the IEP the need for child safety restraint systems on school buses when necessary for student safety. Alert people in your school district to be aware of developments. Use and communicate this checklist for use of child safety restraint factors on the school bus:

• The need for parental involvement in the discussion
• Individualized consideration of this child’s special needs;
• Investigation of alternatives, including reimbursement to parents if they will provide transportation
• Appropriate collection of data, and assessment of behavior triggers and potential remedies for potentially dangerous conduct, prior to use of restraint
• Analysis of the district’s previous unsuccessful attempts to prevent danger from a student with the use of lesser interventions
• Documentation that danger to the student at issue and/or others is likely in the absence of restraint
• Evaluation prior to use of the effectiveness of the Child Safety Restraint System identified for this child for the purpose for which it is designed
• The restraint used – both in type and frequency – should be as minimal as necessary in order to be effective without compromising safety
• Identification of appropriate assignment and functions of various staff members (for example, personnel employed by the various entities involved, like intermediate units, school districts, and bus companies; special education personnel, including physical and occupational therapists; drivers; and bus attendants) in needs identification, and installation and securement of CSRS
• Effective training of all entities’ staff members with responsibilities for installation and securement of the CSRS, including substitute drivers and attendants
• Achieving balance between timely implementation of the IEP and resolution of all safety issues.
  

Peggy Burns is an attorney and consultant, and owner of Education Compliance Group, Inc. She is the developer of four video training programs, “The Road to Compliance for Special Needs Drivers,”, “Putting the Brakes on Harassment: Training for School Bus Drivers),” “Steering Clear of Liability: Training for School Bus Drivers, and “Confidential Records: Training for School Bus Drivers.” Peggy can be reached at (888) 604-6141 and by email.

H1N1 and its Effect on Children with Disabilities

The panic surrounding the “swine flu” that went global in late April and early May has subsided, but health officials have warned that a new strain could emerge this fall in time for fall. Back to school always elicits extra care by school officials in dealing with infectious diseases, as once again children and their germs mingle in the classroom, on the playground and in the yellow school bus. Now, a report released earlier this month indicates that children with special needs must be especially cautious.

We’ve known that the H1N1 virus can be fatal to anyone with underlying conditions, with most severe cases occuring in people over 65 or under 18. New York City’s Department of Health and Mental Hygiene puts into context why those with underlying medical conditions should take extra precautions to avoid the flu and should contact their doctor as soon as possible if they are found to have flu-like symptoms.

The department’s preliminary analysis of 152 patients who were hospitalized for swine flu showed that 82 percent had an underlying condition, specifically:
• 41 percent of patients hospitalized for swine flu had asthma
• 18 percent were less than 2 years old
• 13 percent had a compromised immune system
• 12 percent had heart disease
• Other factors include being pregnant; other chronic lung problems, such as emphysema; chronic heart, kidney, liver or blood disorders; neurological disorders that cause breathing problems; diabetes; and being under 18 years old and on long-term aspirin therapy.

Is your school team taking special or additional precautions to protect special needs passengers? Does pre-service training differ this year when it comes to dealing with infectious diseases on the school bus?

How Student Injuries Suffered on the Bus Affect Private Contracts?

By Ryan Gray

An administrative ruling last fall in Chicago found that Illinois school districts aren't mandated to change private bus providers in the event a student suffers an on-board injury. The case, Chicago Sch. Dist. 299, 51 IDELR 145 (SEA IL 2008), arose when a teen student with multiple disabilities suffered minor indjures as a result of not being properly secured on the school bus. The hearing officer ruled that the school district was not required to use a different private company to transport the student in the future, but the district was ordered to provide one day of compensatory education to make up for the services the student missed while he was receiving medical treatment. The fact that a student with multiple disabilities suffered minor injuries after being improperly secured on the school bus did not require an Illinois district to contract with a different bus company. However, a hearing officer ordered the district to provide one day of compensatory education to make up for the services the student missed while he obtained medical treatment.

Video Reminds of the Importance Busing to School has for Special Needs Students

This from Peggy Burns, attorney and owner of Education Compliance Group, Inc., on an unintended lesson learned during the filming of her new training video "The Road to Compliance for Special Needs Drivers:"

"All of the scenes from 'The Road to Compliance for Special Needs Drivers' were filmed with actual drivers and transportation administrators and their children as the stars. Several of the children are, in fact, students with special needs. Despite a script that I had worked on for months, and excellent input from transportation professionals from whom I sought advice and review, our child actors stimulated new thoughts and points to emphasize. Joey is the boy who steals the scene about the broken wheelchair. His mom – in reality a driver trainer then with the Boulder Valley (Colo.) Public Schools – played the driver, and a friend of the family played his mom. We had neglected to remind Joey that this was all make believe. When he heard his mother say there would be no school for him that day, he became extremely upset, crying and pounding the wheelchair (which he does not, in fact, use in real life.) He provoked the realization that we can too easily overlook the sensitivity of our very vulnerable special riders, for whom school is special in ways we do not even realize.

Texas Team Takes Home 2009 Roadeo Crown

As promised, results from the 2009 National Special Needs Team Roadeo during the Transporting Students with Disabilities & Preschoolers 18th National Conference & Exhibition. From our Web site:

Jeffery Brown and Deanna Mallow of Kileen, Texas, took home the first place trophy after a hotly contested 2009 National Special Needs Team Roadeo during the Transporting Students with Disabilities & Preschoolers 18th National Conference & Exhibition.

The economy appeared to have something to do with smaller total conference attendance numbers than from recent years, and only 16 teams competed this year down from 30 in 2008. But that fact did not keep the participants from pushing each other in such skills tests as evacuations, railroad crossings and child passenger seat restraints. Brown and Mallow held off Lynea Brown and Michael Ingraham of Falcon, Colo., by just five points. Finishing in third place was Suzanne Gettings and Lee Ann Ovens of Penn Yann, N.Y.

The event was held in freezing cold temperatures on Feb. 28 at Decatur Intermediate Learning Center. The larger conference concluded on March 4.

Look for more on the conference in our April issue. For now, some a photo of the winners:

Special Needs Driver Goes 'Above and Beyond' In Winter Storm

A Cincinnati station tells the story of a special needs school bus driver whose bus was caught in the snow for five hours. Driver Sherry Robinson gets special praise from the station for keeping her cool with five students on board. Robinson described the situation:

"I got two crying. I got a parent calling me concerned. she's worried about her baby. I got a little bitty one, a kindergartner. And then I got a little girl who needs medicine because she has seizures. I got a little boy who wants his mommy and his mommy wants her son, a lot of people calling me wanting to know what's going on."

No surprise, she gets plenty of thanks from commentators on the site. See a video below

Special Needs and the Economy

Recently, we highlighted how pupil transportation could provide "recession-proof" jobs in 2009. A number of contractors say nationwide job loss is helping them with driver recruitment and retention. But before the yet-to-be-passed stimulus package can bolster school and special needs funding, some districts are making cuts, including one Indiana district that recently decided to cut school bus aides. As expected, the news has prompted considerable comment and discussion. In California, it seems some non-classroom employees are expecting budget cuts as well.