On December 28, 2016, OCR published a press release and several reports describing “best practices” for restraint and seclusion in school. According to these best practices, restraint and seclusion at school should be practiced only by “trained” staff and should never be used for the purpose of discipline. Schools should avoid using mechanical restraints, and should restraint or seclude students “only if a child’s behavior poses imminent danger of serious physical harm to self or others.”
The Fact Sheet, written in a question-and-answer format, is a two-page summary of the 24-page Dear Colleague Letter. The Fact Sheet states that the Dear Colleague Letter advisory is provided in response to OCR’s concern that school districts are discriminating against students who have special needs. The Civil Rights Division found that the rates of “mechanical and physical restraint and seclusion” of students with special needs in the 2013-2014 school year “far exceeded those of other students.” There were concerns about “legal violations.” http://www.friendshipcircle.org/blog/2017/04/04/restraint-and-seclusion
Hell may freeze over and I will still say once you start it's hard to stop. Restraining at child, then punishing or treating the child through isolation or segregation never ends well. Damage done to my child cannot be undone .... and worse the so called professionals were the most abusive. So don't think that a person claiming to be educated knows best. Your child - is still your child and no person should ask you to consent to anything you do not do at home.
If you need to restrain your child, isolate your child or segregate your child YOU need help to change your methods but don't expect people to know how to help you especially when they only have best practices that claim: The only use restraints or seclude students and “only if" a child’s behavior poses imminent danger of serious physical harm to self or others. If they explain it like that - then make sure you understand what they define at imminent danger ect. It's your call to make sure you understand their "pre and post" actions. It's your child you are putting into a situation that can harm your child, either by observing other children being restrained ect or ending up being restrained.
Absolutely horrid how the sentence was used and not one person investigated or agreed not to restrain and seclude. We suffered for years, and I got my child removed from harmful people until a social worker got tired of my antics and put my child into a group home and school where "things happened" to him for his own benefit. And the saddest was that not one person put into the legalisation of her choices stopped the "trained staff", actually nobody even cared to investigate! Although the social worker was told it was her responsibility to stop the restraint and seclusion at the group home and later in the school. She did not understand she said, and nobody told me nor did they act.
Foster care .... and their schools left me unable to grasp that all of that was done. The most abusive were the school, but also the home. Telling me it's for his best then when they were proved wrong, they collectively decided to protect themselves as they still had no intention of inclusion. One person promised they do not use "methods" to restrain, exclude when we were placed at her school and was then the person that had the responsibility to call and let me know my child was beaten by a boy that lost control. Just the action of the school placement was an illegal action, but alas nobody cared to allow us to say no, and after a foster care stint, we were also easy to coerce or let's say forced to agree.
And all this allowed by our municipality that could not even apologise while the responsible ones turned to saving each other's jobs or careers rather than making needed changes.
So, yesterday my kidlet was supposed to finish 9th grade and start Gymnasium this August. All the other kids had a "lovely day" living life - without the classmate they bullied and the teachers allowed to be bullied. Not one school but via several schools. Some did not even care to make a plan of action so that my kid was not hit, and he did not hit back so he was an easy target. Once he decided to "react" he realised punishment was severe ...
Being secluded into special ed having to deal with children that hit because their autism or drug abuse left them no options in the places they were .... was no solution. (These kids end up in special education, most often mixed and left in schools with untrained staff. Where some schools were better at sorting the troubled ones other take kids to earn money) Seeing all "that" and how nothing was done, nobody stopped our local politicians or teachers but rallied for more of "their solutions with exclusion".
Realising that headmasters were allowed to be abusive and not being allowed to point out that their lack of insight will give the same results as 2009 or 2007 was not easy. I cracked like most parents, they give up and accept the exclusion, taxi service and sick days.
Homeschooling to prevent exclusion, abusive treatments or teaching methods from hell while being threatened is nothing new. Unbelievable was how many people allowed restraining, isolation and seclusion in the best interest of MY child before I gave up and said no. Again. Incredible was the first conversation and the brand new social worker that wanted to start off by "explaining" her right to use a parental injunction!
Well, I needed to explain to her that my child has special needs and that I do not accept restraint or seclusion of students and that my child’s behaviour was described as good and well behaved unless he was pressured with "school work" and we have agreed that he needs help. She has closed the case, but forgot to send my applications in - yet she pops up each time I speak to anybody about services. Not to facilitate but to check on me, while she always claims it's not her job to decide. Never telling me who's job it is, or answering my question.
So yesterday, seeing friends and so on celebrating, was harsh. It was the milestone we did not make after help was given by a social worker and her team. Help that was given to make sure my kidlet passes 9th grade, yet help that left him stagnated. Paperwork is easy to fix to look like it's all fine - so sad really that the system does not have qualified staff to make sure it's more than words and actually backed up by real evaluations ect. Where the staff very clearly say he needed help for his dyslexia, yet also mentioned school has nothing and to offer him a placement with no access to books ect. since he was smart enough to cope without. Not realising that that was the reason for us ending in special ed in the first place.
But seeing how parents are proud of their children and knowing these kids were allowed by the adults to bully and exclude the kids with handicaps ... I wonder what these kids will become as they learned to get on with life without realising what they did to a classmate. The children were all too young to realise, they did what kids do: Make some fun ... my kid was their toy. He was thrown under the desk of another kid to bully and make them fight, he was given notes he could not read but the saddest was the teacher she made a big desk and set 5 or 6 desks aside. Those were for the kids that needed to work harder - so they would understand they needed to work to be able to join the "group". Most the kids that were placed there were quite happy since they got a break from the others. But, inside they felt excluded and best of all they had not received help to give them a chance ...
Seeing the teachers claiming expertise .... made me realise that they really have no clue they were abusive in their ways. And having stood up while some of them told me I must "realise that ...." well I did realise school is just an institution and horribly run .... more often than I needed to see. I also realised that teachers were used to sending kids away, and not able to see handicap ect.
The teachers out there practising true inclusion are way too few. Methods to exclude, ridicule and punish are taught faster and more furious than inclusion as if it is inclusion. People just have no idea!
Now to read the article I linked to above. Seeing so many parents unable to stop the abuse and then making the decision to "stop fighting for a safe seat in a classroom" no parent should go through. The administration did not protect my child when they forced our presence in a public school. Nor did they ever take a responsibility for the consequences. They only have laws protecting their teachers. There was no handover procedure - each year kids start over. Mine did 7 years in a row, even when i begged them not to.
And sadly in the flock, they can be extreme when they punish children and parents for pointing out that some teachers fail ... I never thought that an Administration would allow that kind of culture. Sadly the biggest failure is that in our municipality there is no money for inclusion nor have the made sure the classroom teachers understand the basics of dyslexia, autism ect. Actually, and sadly schools very rarely take children excluded to special education or foster care schools back. But they have to.
But sadly pointing out inclusion is not working out was turned into something I gave up on. No teacher or headmaster dared speak up but hell they knew a lot about something I did not.... and they believed in their beliefs: They blamed us even before meeting us, as their "school culture" expected and taught them. And they did not even realise. Neither did I, until a little while ago.
Take it or leave it ... I tried, we gave up. Not freely, but because I realised the schools were ill-equipped. People moved on. Nothing changed just the way the administration loves it - their objectives were met, so they believe. It was our choice to accept a non-inclusive class. It was not the way the law was, intended but not many people take the time to notice. We gave up because of the risk of restraints, isolation and seclusion were too high and not one we cared to keep taking. My child was already hurt and scared.
How a couple of psychologists and special ed teachers or 3 worked the case shows why untrained teachers unintentionally end up hurting a child in a classroom. Either by just making the rules clear or letting children and parents get rid of the kid or parent they are tired of. I am frankly tired of them allowing injunctions because they are tired of me - it's not an option I have when their system is not ready to take on inclusion.
I also got tired of their injunctions, promises and regrets (beklagelser mm.) But yesterday they celebrated their success. Teachers and students finished 9th grade. We carry on, but I cannot help but wonder what kind of adults these kids will turn into or if they even notice the missing ones or care to play with the kids that are different. But most of all I wonder if I should be scared of the people, parents and administrators that allow certain unofficial "best practises" by just not understanding what it is like to walk the walk of a person that has a handicap?
Magtanvendelse og andre indgreb og begrænsninger
− Håndtering af urolige/voldelige elever
− Disciplinære foranstaltninger
− Uformelle tiltag
− Anmeldelse til politiet
− Administration af bekendtgørelse om fremme af god orden i folkeskolen (anvendelse af sanktioner, bekendtgørelsens § 6, eftersidning, udelukkelse, overflytning og udskrivning)
− Administration af anstaltsbetragtninger
− Klager og klagevejledning
− Typiske situationer, hvor der anvendes magt og andre indgreb og begrænsninger
− Registrering og indberetning
− Forebyggelse og pædagogiske principper
− Undervisningstilbud, herunder tilbud om ordblindeundervisning, og organisering
− Undervisningsindhold og fagudbud
− Pædagogiske principper
− Undervisning af elever med særlige behov (folkeskolelovens §§ 20-22, hvordan arbejder skolen med inklusion og elevindflydelse, jf. folkeskolelovens § 12, stk. 2, og § 19 d, stk. 8)
− Fravær (indskrevne elever, der aldrig møder)
− Bistand til førskolebørn (folkeskolelovens § 4)
− Elev- og uddannelsesplaner (folkeskolelovens § 13 b) og vejledning af den enkelte elev (folkeskolelovens § 13, stk. 2)
− Elever, der afslutter undervisningen efter 7. klasse (folkeskolelovens § 33, stk. 4 og 5)
− Resultat af trivselsmåling
− Fysiske rammer
− Sygeundervisning (tilrettelæggelse efter samråd med forældrene og eleven, indhentelse af oplysning om hidtidig undervisning og sikring af, at undervisere efter sygeundervisningens ophør får oplysninger om sygeundervisningens forløb)
Betænkning fra Udvalget om magtanvendelse på anbringelsessteder for børn og ungeObs. I denne er der skrevet men praksis ... real life turde de nok ikke beskrive eller så er deres og andres grænser ikke godt nok defineret jf lovlig vs ulovlig praksis hvor der kna være langt fra toerien om noget til almen praksis. Det kommer ikke bag på folk som har noget med anbringelsesområdet at gøre at der er mere magtanvendelser end som så, og at det ikke er muligt at blive straffet som fagprofesionel skulle grænsen overskrides. Kun camara på alle deres såkaldte "hjemmelige omgivelser" vil afsløre når der sås tivl.
»Det er positivt, at kommunen bl.a. har fået nedbragt antallet af sager per sagsbehandler. Men efter- og videreuddannelse og ikke mindst oplæring af dem, der skal sidde med sagerne, kan man ikke sætte på en liste over ting, man skal implementere om lang tid. Det er ting, der skal foregå parallelt, for ellers får man ikke rettet op på de mange fejl i sagsbehandlingen,« siger hun.
Men er de rådgiver også gjort klar til handicap? Eller drukner de i alt det andet ...