June   , 2010

VIA E-Mail to ameyer@doe.k12.ga.us and US Mail

Allan Meyer
Assistant Director, Policy
Georgia Department of Education
2053 Twin Towers East
205 Jesse Hill Jr. Drive, SE
Atlanta, GA 30334

RE:      Rule 160-5-1-.35 Seclusion and Restraint

Dear Mr. Meyer:

I am writing to provide feedback regarding the Rule 160-5-1-.35 “Seclusion and Restraint for all Students.”  I appreciate the opportunity to comment on the rule and to be involved in the development of the rule during the public comment period.  I care about this issue because…  As such, I am committed to the development of a rule that supports schools to educate children in safe and positive environments that foster learning and growth.

I support the Department’s decision to address the issue of restraint and seclusion through the development of a rule. In particular, I support GDOE’s prohibition on seclusion, prone restraint, mechanical restraint, and chemical restraint.  The comments below are designed to impose significant limitations on the use of physical restraint and to build safeguards into the process by which school personnel use restraint on a student. 

(Please choose one, all, or none of the following bulleted points.  Please add any comments you wish to share with the Department of Education).

• Physical restraint, an inherently dangerous practice, should only be used in situations of risk of serious bodily injury and is only justified based on actual behavior of the student in the time of emergency.

• Physical restraint may never be used for disciplinary purpose, convenience of faculty or staff, or as a substitute for appropriate positive teaching strategies, techniques, and supports. 

• Restraint is prohibited to those situations when less intrusive efforts are not effective and there is danger of serious bodily injury to self or to others. 

• Schools should use Positive Behavior Supports as an intervention for students with disruptive or challenging behaviors.  Early identification and intervention are key to effective utilization. 

• Physical restraint should only be applied to students by school personnel who have been trained and certified in a State-approved training program consisting of instruction not only in applying restraint, but also in de-escalation strategies and problem solving techniques.

• School systems should be required to document and report each specific instance of physical restraint on a student in their school.

• Behavioral support for students must promote the right of all students to be treated with dignity and to be educated in a safe environment. 

• Data should be collected using uniform methodology and regularly reviewed at the local, district, and state level to ensure system wide compliance and transparency.

• Data results and comparisons should be made readily available to the Department of Education, parents and other stakeholders in order to promote opportunities for training, education, and development.

• Standards of data collection concerning the use of physical restraint should be uniform across all districts.  Districts with reduced incidences in accordance with set standards should be recognized for achievement and highlighted for training opportunities; conversely, districts who fail to decrease and/or exhibit an increase in incidences of restraint and seclusion should be subject to further investigation, probation, and appropriate re-training.

• Individual incident counts should be an integral facet of data collection in order to accurately trend schools and districts effectively and/or excessively utilizing the approved practices of restraint.  The specific nature of this collection will serve to promote accountability and awareness for administrators, facilitators, and parents.

Again, thank you for the opportunity to provide commentary on this initiated rule.  We respectfully request the School Board members resend the current rule and strengthen the accountability and enforcement provisions and reinitiate the rule in the June 2010 meeting to continue this important work.  I look forward to continuing to work with you to help keep the children of Georgia safe.

Sincerely,

Family Doe

cc:

Nancy O'Hara
Associate Superintendent
Innovative Instruction
1752 Twin Towers East
205 Jesse Hill Jr. Drive, SE
Atlanta, GA 30334
nohara@doe.k12.ga.us
Debbie Gay
Director, Special Education Services
1870 Twin Towers East
205 Jesse Hill Jr. Drive, SE
Atlanta, GA 30334
DGay@doe.k12.ga.us

Kim Hartsell
Director, Special Education Supports
1870 Twin Towers East
205 Jesse Hill Jr. Drive, SE
Atlanta, GA 30334
khartsell@doe.k12.ga.us

Ruby Moore
Executive Director
Georgia Advocacy Office
Safe Schools Initiative
150 E. Ponce de Leon Ave., Suite 430
Decatur, Georgia 30030
info@thegao.org

Leslie K. Lipson, JD
Director, Parent Leadership Support Project
The Georgia Advocacy Office
One Decatur Town Center
150 E. Ponce de Leon Ave., Suite 430
Decatur, GA 30030
(404) 885- 1234 or 1 (800) 537- 2329 (voice or TDD)
llipson@thegao.org
www.thegao.org

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