What's happening in washington webinar 5 12-10
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What's happening in washington webinar 5 12-10 Presentation Transcript

  • 1. Barb Trader What’s Happening in Washington? May 12, 2010
  • 2. 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
  • 3. 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
  • 4. Five Areas of Focus
            • Education
            • Employment
            • Community Living
            • People of Color
            • Human Rights
  • 5. Human Rights Goal
    • Prevent and eliminate the use of aversives, restraint and seclusion as a means of behavior intervention
  • 6. Family Activism
  • 7.
    • 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:
  • 8. www.tash.org/aprais National advocacy organizations working together!
  • 9. 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
  • 10. What We’ve Learned: Myths v. Facts
  • 11. 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
  • 12. 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
  • 13. 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
  • 14. 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
  • 15. 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!!
  • 16. 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
  • 17. 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
  • 18. Status of S 2860
    • Introduced by Senator Christopher Dodd (D-CT)
    • Need Republican Co-sponsors: educate and bring along
  • 19. Key Issues Threatening Passage
    • States rights
    • Answer: more than 12 years since Hartford Courant first broke story - no state action
    • Private Schools
    • Answer: precedent in fire and health codes, etc.
    • IEP/BIP Exclusion
    • Answer: plans require evidence based practice leading to improved academic outcomes – restraint and seclusion are proven to impede progress and are not evidence based
  • 20. Next steps What can YOU do?
  • 21. Actions you can take NOW
    • Educate your Senators
    • Ask Senate Members to Co-Sponsor, starting with Republicans (Today!)
    • Meet with Home Office Staff
  • 22.
    • 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 ( [email_address] ) to track Senate contacts.
  • 23. 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
  • 24. TASH’s Background
    • Leader in deinstitutionalization
    • Staunch promoter of personalized and individualized supports
    • Training at conferences
  • 25. 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
  • 26. 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
  • 27. 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.
  • 28. 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
  • 29. 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
  • 30. 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 .
  • 31. 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
  • 32. 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
  • 33. 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
  • 34. 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
  • 35. 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
  • 36.
    • THANK YOU FOR YOUR ADVOCACY!