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2012 Legislative Session: Bills of Interest to the Disability Community ...more

PORTLAND, ORE. – Jan. 25, 2012 – Advocates for individuals with intellectual and developmental disabilities today filed a class action lawsuit challenging Oregon’s failure to provide supported employment services to more than 2,300 state residents who are segregated in sheltered workshops where they perform mundane tasks, such as folding UPS bags. ...more

Michelle Cole, The Oregonian | The United Cerebral Palsy Association of Oregon and Southwest Washington along with eight individuals representing thousands of Oregonians with intellectual or physical disabilities filed a class action lawsuit Wednesday against Gov. John Kitzhaber and top managers at the Department of Human Services. Advocates hope the lawsuit, filed in U.S. District Court in Portland, will set a national precedent and end the practice of having people with disabilities to spend their days in "sheltered workshops," where they complete repetitive or rote tasks for a sub-minimum wage and without the opportunity for training or advancement. ...more

On September 28, 2011, the U.S. Department of Education issued new regulations for Part C of the Individuals with Disabilities Education Act (IDEA). These new regulations, now in effect, specify requirements for early intervention (EI) services for children with disabilities under the age of three years and include requirements for the transition of these children to early childhood special education services (ECSE) under IDEA Part B. The Oregon Department of Education (ODE) has proposed new and revised Oregon Administrative Rules (OAR) to align with these IDEA changes. ...more

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Keeping Schools Safe for Everyone: Working Together to Help Schools have Effective Rules Limiting the Use of Seclusion & Restraint

This year, Disability Rights Oregon is launching an initiative to Keep School Safe for Everyone. As part of this campaign, we are trying to find out more about how school districts are doing both in establishing the required policies and procedures, and in properly implementing them. Read on to learn more and find out THREE EASY WAYS YOU CAN HELP!

A national movement has grown in recent years to eliminate, or at least severely limit, the use of restraint and seclusion in the schools.  Restraint and seclusion are inherently risky, and students with disabilities are getting hurt and even dying in the process of being restrained and secluded.  Many are traumatized and humiliated as well. 

The goal of school districts is to keep students and staff safe.  We at DRO share that goal, both for the student at risk of being restrained and for other students and staff. 

As Arne Duncan, the US Secretary of Education, stated in a July, 2009 letter to school superintendents, the use of Positive Behavior Intervention and Supports (PBIS), together with state rules strictly limiting the use of restraint and seclusion, can drastically reduce the number of times children are restrained at schools.  The PBIS system looks at the reason the student is engaging in particular behaviors and then focuses on positive ways for the student to get those needs met.  When PBIS is properly used, behavior is defused before it becomes unsafe behavior requiring restraint and seclusion.

At the urging of DRO, the State of Oregon recently enacted rules limiting the use of restraint and seclusion to situations in which the student’s behavior poses a threat of imminent, serious physical harm to the student or others.  These rules also direct school districts to establish written policies and procedures.  School district policies must include provisions for staff training, debriefing, and notification of the parent or guardian on the same day as an incident of restraint or seclusion occurs.  More information is attached regarding the detailed requirements of these rules.

While many districts may be trying diligently to follow these rules, and to provide PBIS, we are concerned that some are not.

Three Ways You Can Help!

  1. Request a copy of your district’s policy and procedures regarding restraint and seclusion and send a copy to DRO.  We will review them to see if they comply with the Oregon Administrative Rules.  If your district doesn’t have any policies or procedures, let us know that too.
  2. Let us know if you think your school district is complying with its own policies and procedures
  3. Tell us your stories.  If your child is experiencing restraint or seclusion at school, we would like to hear about it.  To the extent that our resources allow, we would like to help students who are experiencing restraint or to obtain better services that keep them, and those around them, safe.

Working together, parents and advocates can help ensure that the new Oregon rules foster a true change in how schools work with children with behavioral disorders.  Together, we can make schools safer for everyone. 

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