U.S. Seclusion Bill Alert

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I subscribe to the Wrightslaw Special Ed Advocate Newsletter. The Wrightslaw.com website (run by two people named "Wright"-who would have figured), which is a great source for getting/keeping yourself informed with all things having to do with special education law. They also publish a few books, which I have found helpful.

The use of restraints and seclusion in U.S. schools has been a fairly hot topic over the last few years in the U.S. There are at least 3 different (general) views on this. One, that all people deserve basic human rights, and tying them down and putting them into locked closets at school are not the type of thing that should be done to anyone. A second view (we'll refer to it as "the ignorant view", for lack of a better term), thinks that special ed kids shouldn't be mainstreamed with the general population in schools. And if they are, then if they are at all "disruptive" then it is perfectly OK to do "whatever it takes" to preserve peace and quiet in the schools, including tying kids down, putting them in locked closets, or having them arrested. And wouldn't things just be much better if they all just went back to "some other place" to be educated warehoused. A third view is (roughly) that any proposed laws will never do what we think they will do. The bills will just be used to normalize abnormal treatment of the disabled, including instituting/requiring ABA treatment as the "gold standard" of education cruel and unusual punishment.

Federal laws (referred to as "bills" before they are passed) are passed in the U.S. by being voted on by two houses of Congress, the House of Representatives (or just "House") and the Senate. After being signed by the President (or in some cases, even after them not being signed) the bill becomes law.

The U.S. House passed H.R. 4247 (the House version of the bill), and passed it on to the Senate. The Senate version is referred to as S. 2860. Evidently the Senate version would change how student's Individual Education Plans, or IEP's, are administered.

Wrightslaw sent out an e-mail alert today, stating:

The Senate would let school staff put restraint and seclusion in a child’s IEP or 504 plan. Call your Senators now and ask them to reject this proposal.

The Proposed Amendment to S. 2860 Will Take Away IDEA Rights. Unlike IDEA, 504, and ADA, the Restraint/Seclusion bill has been written to prevent parents from seeking to enforce it in with lawsuits.

The new law (S. 2860) would take precedence over the old law (IDEA).

The Wrightslaw alert also included these helpful instructions for taking action:

How to Call Your Senator

1. Always use the bill number, S. 2860, Preventing Harmful Restraint and Seclusion in Schools Act. Please call; Senators pay more attention to calls. Email may get lost. Use Email only if you must.

2. Dial 202-224-3121 (TTY 202-225-1904) or go to www.senate.gov, click on Senators for contact information (including local numbers). You will have 2 Senators. When you call, ask for their Education or Disability Aide. Leave a detailed voicemail message if they are not available. Be sure to identify the bill by name, Preventing Harmful Restraint and Seclusion in Schools Act and use the number, S. 2860.

3. Please call your Senators - but especially if you live in these states on the Senate HELP Committee: AK, AZ, CO, CT, GA, IA, KS , MD, MN, NC, NH, NM, OH, OK, OR, PA, RI, TN, UT, VT, WA, WY. If you are in these states, check the HELP Committee website so you call the Senator on the Committee, http://help.senate.gov/. If you have friends or family in the Committee states, please get them to call. And even if you are not in a Committee state, please call. Senators from all over the country are impacting this bill.

4. Call Senator Tom Harkin and ask for his disability counsel (phone 202-224-3254, fax 202-224-9369). Senator Harkin chairs the Senate Health, Education, Labor and Pensions Committee, http://help.senate.gov/ and has much power over this bill. He needs to hear from parents and advocates from around the country; he certainly is hearing from the other side.

Here is a link to http://www.senate.gov/, which has a nice little "drop down" box on the top right to find your own state's senators, and to the committee page for the Senate Health, Education, Labor and Pensions Committee, http://help.senate.gov/.

Senator Tom Harkin, from Iowa, has always been a pretty good advocate for disability issues. He is also the Chair of this committee. Even if you don't live in his state, I urge you to contact him, and not let this portion of the bill be included.

For a brief overview of how U.S. laws are made, watch this:

Honesty, Justice, and Trust

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I'm not the kind of person that immediately shouts for someone to lose their job when they do something wrong. We all make mistakes, and jobs are hard to come by nowadays.

But I'm also the kind of person that gets their dander up when organizations try to sweep problems under the rug, and whitewash a situation to cover their own backside.

I recently wrote about how two police officers in Tybee Island, Georgia tased a young autistic man who was sitting outside a restaurant waiting for his brother, who was inside. They not only tased him, but wrestled him to the ground, bruising him and breaking his tooth in the process. Originally, the police chief did what might be expected. He defended the actions of his men, and even went so far as to "blame the victim" and his family somewhat by saying that he was sorry that he had been left "unattended". That last statement, which implies that no one with any kind of disability that impairs communication should ever be left alone, even for a few minutes, got me (and a lot of other people, I'm sure) very upset. I don't realistically expect that the whole world will change overnight, and that the world and everyone in it will totally understand my autistic son as he grows up. I also don't think it unreasonable that he should not have to fear being beat up and tased for sitting on the curb outside a restaurant on a hot day.


Evidently there are some reasonable people living in Tybee, and some of them are actually in a position to do something. According to this article:

Tybee drops charges against autistic teen

WTOC11 reports that,

Tybee Island Mayor Jason Buelterman and Schleicher asked Police Chief Price James W. Price to have the GBI investigate the incident and make sure no laws were broken by police.

Many politicians, both local and national, would have followed on what the police chief originally said, and would have tried to cover up the situation and hope it would go away. I applaud the mayor and city manager, who asked a neutral party (the Georgia Bureau of Investigation-the state counterpart to the FBI) to look into the matter. As police officers themselves, the GBI would have an excellent understanding of what proper police procedure in such cases should be, as well as having practical experience in similar types of situations. Yet as a neutral party, they also understand that the public needs to have confidence in its law enforcement officers. Law abiding public citizens should not have to fear their own police force. When law enforcement officers "go too far", it impairs the ability of all other officers on the force in their ability to do their job. When you are in a job that serves the public, you need to be accountable to that public. You may not like it, but that's part of the job.

According to another recent article in the Savannah Morning News, "Tybee Police Learn About Autism", the two police officers that arrested Clifford, as well as a jailer, have both resigned their posts. The police chief has been suspended, and officers are now being sent for training on dealing with people with autism.

My hat is off to the city of Tybee, for stepping up and doing the right thing. Nothing will undo the damage that has been done. Clifford will forever more be afraid of the police, and it will be that much harder for him to react calmly the next time he interacts with them. But it looks as if the city is stepping up, doing what it can to prevent future similar occurrences, and weeding out a few bad apples (while sending an important message to the rest of the department).

I don't know if the police chief will keep his job, or if he should. I am not in a position to know what he knew, when he knew it, and what he has done in the interim. But I trust now that the people of Tybee will do the right thing, because of what they've done thus far. And if he does keep his job, I sincerely hope that he issues a much more heartfelt and all encompassing apology to Clifford and his family, for them having to have endured this.

An Inconvenient Truth

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Unfortunately, one of the things that has become obvious to me over the years is that the general public doesn't have a clue what it's like to raise a special needs kid, has no real desire to know what it takes, and when times are the least bit tough the public is especially willing to throw our kids under the bus if it will help their own situation in any way. This is true, whether it's a smaller, relatively well off district like the one we live in, or a large one such as Los Angeles.

One might expect that the Superintendent for one of the largest districts in the country would be a little savvy when it came to talking about how resources were allocated during an economic downturn, and would refrain from saying things that were just REALLY STUPID. When L.A. schools Supt. Ramon C. Cortines was talking about a school for the blind in the LA Unified School district he recently said,

"Some of those are very, very severe cases, but you have to look at it in perspective. When you fund some of the special ed things, you're taking from regular kids."

Aside from it being blatantly against the law for economic considerations to be driving who gets what services, there is the whole "attitude" thing. The attitude that says that special needs kids are not "regular" children. The subtext that assumes that they won't become productive members of society, so why invest any money in them. When such attitudes result in self fulfilling prophecies, they are felt to be proof positive that they were right all along. The attitude that while "regular" education is a right in this country, that special education is a privilege that can be easily revoked at the first sign of money trouble. The attitude that my kid (and millions like him) just aren't worth it.

I have found, as I stated, that such attitudes are not limited to uneducated or poor people. Indeed, my personal feeling is that such attitudes get worse, the higher up the socioeconomic scale one is on. It doesn't matter what overall political viewpoint you hold. Platitudes regarding equality rapidly fall apart when it comes to spending a dime on special needs education instead of the football team.

I don't know what the solution is. I'd like to think that the only solution is success. Being out there, in the public eye, as much as possible. Expose the public to successful former special ed. kids as much as possible, and eventually they'll change their mind. And holding them to the letter of the law until then.

Georgia Scores a Hat Trick

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In the game of hockey, a hat trick refers to when a single player scores three goals on the opposing team during the same game.

In the game of "how can we be the most discriminatory against autistics", the US state of Georgia has been in the news three times in the last two weeks. First it was charging a 14 year old autistic boy with felony terrorism charges for stick figure drawings he put on his homework. Then it was police using a taser on an 18 year old autistic young man who didn't answer their questions fast enough, and appeared different.

Today Georgia is in the news again, and again it's for tasing an autistic man. According to Fox News:

"Twenty-three-year-old D.J. Moran said multiple officers surrounded him, cuffed him on the ground and then tasered him, MyFoxAtlanta reports."

Of course, the multiple officers couldn't possibly handle this after they surrounded the man and were putting him on the ground, so they just had to taser him:

"Police officials released a statement saying, 'The officer used a taser when the suspect failed to cooperate by struggling and resisting, after being instructed to place his hands behind his back. The suspect only complied after the taser was used.' "

Fortunately, even though the police tried to cover themselves by charging the man with multiple felonies, a jury (who saw a police cruiser cam video of the event) saw things differently:

"Police charged Moran with multiple felonies, but a jury did not convict him."

So congratulations, Georgia! Guess I won't be spending any of my vacation dollars in your state this year.

Geogia-Zero Tolerance for Differences

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Evidently it's not safe to walk around (or sit) any place in Georgia while being autistic. At least not by yourself. Because if you do, you're fair game for being tased by the police. At least, that's what the police chief of Tybee Island, Georgia seems to think.

A little over a week ago, it was a 14 year old boy being arrested on felony terrorism charges for drawing threatening one inch stick figure drawings on his homework. Now it's an 18 year old autistic young man tasered after being confronted by police while he was sitting on the curb waiting for his brother and a friend to come out of a restaurant.

WMBF news reported yesterday on how 18 year old Clifford Grevemberg was waiting on the curb outside the Rock House Bar and Grill for his brother and a friend to come out, when he was approached by two policemen. According to the police report, Clifford was staggering while walking back and forth in front of the establishment, and when questioned, responded that he was waiting for his brother to come out with some food.

The police report said that one officer asked Clifford if he had been drinking, and he responded yes. Of course, they didn't ask him what he had been drinking. Unless he was asked if he had been drinking alcohol, my 10 year old son might have also responded in the affirmative, having drunken water, soda, or some other perfectly legal beverage. The officers then asked for identification (twice), and when Clifford turned and began to walk away, they grabbed his arm. Clifford, as might be expected, tried to retract his arm away from them, which gave these two police officers all the justification they thought they needed to taser him. Which they did while forcing Clifford to the ground, causing a bruised face and a broken tooth.

The Tybee police chief, in a statement given today, tried to explain away the incident by saying that Clifford gave the appearance of being intoxicated, and tasing him prevented further damage to both Clifford as well as the officers. He gave a backhanded apology, saying

"We are sincerely apologetic for the injuries suffered to Mr. Grevemberg. We are also sorry he was left unattended under the circumstances..."

In other words, if you are so brazen as to think that you have the right to walk or sit in a public place while being autistic (and you don't have an attendant immediately at your side), then you shouldn't complain when the police tase you and arrest you.

Terrorism? Really??? Or "Get Out of Our School!"

If this wasn't so over the top ridiculous, it might be funny.

A 14 year old Georgia boy has been charged with a felony (making terrorist threats) for a small (about 1 inch high) set of stick figures he drew on a paper in class. The stick figures depict one figure (labeled "me") shooting another stick figure (labeled with his teacher's name).

There is no question that his drawing the picture was both inappropriate and wrong. There is also no question in my mind that the school's response is so wildly disproportionate as to make me question why they would do such a thing. There has been no allegation of the boy attacking his teacher, bringing a weapon to class, or even of having formed a definite plan as to how he would accomplish the task in his drawing. There has been no mention of the school consulting with anyone else (the boy's doctor, their own psychologists, the police) to evaluate the situation as to how likely it was for the boy to be able to carry out his threat, much less evaluate the seriousness of the situation.

Many people threaten to kill their spouses every day. They very seldom get arrested, much less charged with making "terrorist threats".

So why would a school do such a thing?

My guess (and it is a guess, as there's been no statement I've seen from the school) is that this charter school where the boy is enrolled wants to dump this "problem student" from their school, and that they are using this as a convenient excuse. Many charter schools don't want to spend the time and money it takes to properly educate children with special needs.

This could end up as a case of "zero tolerance" gone wild, but I suspect that, in the end, the school will come up with some "compromise" that will entail dropping or lessening the charge, as long as the boy withdraws from the school (or accepts another placement they have suggested).

Walking While Black and Autistic

The phrase "Driving While Black" is one that is familiar to every African-American in the U.S., and refers to the practice of African Americans (especially young black males) being singled out by the police for "special treatment" when they are driving. Otherwise known as racial profiling, through either upbringing or isolated experiences many police officers come to unfairly believe that the majority of blacks must be up to no good, and thus deserve to be singled out for closer scrutiny, and assumed to be hostile until proven otherwise.

Steven Eugene Washington, a 27 year old black man who reportedly had never had a run in with the law, was shot dead while walking to a friend's house the other night in Los Angeles. When he was reportedly approached for "acting suspiciously", he reportedly

"...did not comply with their investigative demands and appeared to be reaching into his waistband. Fearing he was reaching for a weapon each officer fired once. One bullet struck Washington in the head."

While the LAPD gives its officers a one hour course in dealing with autistic individuals, the department could not say whether the officers who shot Washington had taken the course.

My ten year old bi-racial son had a large birthfather. He will be a big man. This scenario is one of my greatest fears.

I ache for the Washington family tonight, and long for a world where more than one hour is spent training first responders.