Restraint & Seclusion law in Arizona

Do you know the law on restraint and seclusion, and what a school can and cannot do?  

Here is the law that was enacted this year.  

Print it out so that you have it for future reference.    

A.R.S. § 15-105:  Use of restraint and seclusion techniques; requirements; definitions

A. A school may permit the use of restraint or seclusion techniques on any pupil if both of the following apply:

 1. The pupil’s behavior presents an imminent danger of bodily harm to the pupil or others.

 2. Less restrictive interventions appear insufficient to mitigate the imminent danger of bodily harm.

 B. If a restraint or seclusion technique is used on a pupil:

 1. School personnel shall maintain continuous visual observation and monitoring of the pupil while the restraint or seclusion technique is in use.

 2. The restraint or seclusion technique shall end when the pupil’s behavior no longer presents an imminent danger to the pupil or others.

  3. The restraint or seclusion technique shall be used only by school personnel who are trained in the safe and effective use of restraint and seclusion techniques unless an emergency situation does not allow sufficient time to summon trained personnel.

 4. The restraint technique employed may not impede the pupil’s ability to breathe.

  5. The restraint technique may not be out of proportion to the pupil’s age or physical condition.

 C. Schools may establish policies and procedures for the use of restraint or seclusion techniques in a school safety or crisis intervention plan if the plan is not specific to any individual pupil.

 D. Schools shall establish reporting and documentation procedures to be followed when a restraint or seclusion technique has been used on a pupil. The procedures shall include the following requirements:

  1. School personnel shall provide the pupil’s parent or guardian with written or oral notice on the same day that the incident occurred, unless circumstances prevent same-day notification. If the notice is not provided on the same day of the incident, notice shall be given within twenty-four hours after the incident.

  2. Within a reasonable time following the incident, school personnel shall provide the pupil’s parent or guardian with written documentation that includes information about any persons, locations or activities that may have triggered the behavior, if known, and specific information about the behavior and its precursors, the type of restraint or seclusion technique used and the duration of its use.

  3. Schools shall review strategies used to address a pupil’s dangerous behavior if there has been repeated use of restraint or seclusion techniques for the pupil during a school year. The review shall include a review of the incidents in which restraint or seclusion technique were used and an analysis of how future incidents may be avoided, including whether the pupil requires a functional behavioral assessment.

 E. If a school district or charter school summons law enforcement instead of using a restraint or seclusion technique on a pupil, the school shall comply with the reporting, documentation and review procedures established under subsection D of this section. Notwithstanding this section, school resource officers are authorized to respond to situations that present the imminent danger of bodily harm according to protocols established by their law enforcement agency.

  F. This section does not prohibit schools from adopting policies pursuant to § 15-843, subsection B, paragraph 3.

  G. For the purposes of this section:

  1. “Restraint” means any method or device that immobilizes or reduces the ability of a pupil to move the pupil’s torso, arms, legs or head freely, including physical force or mechanical devices. Restraint does not include any of the following:

  (a) Methods or devices implemented by trained school personnel or used by a pupil for the specific and approved therapeutic or safety purposes for which the method or device is designed and, if applicable, prescribed.

  (b) The temporary touching or holding of the hand, wrist, arm, shoulder or back for the purpose of inducing a pupil to comply with a reasonable request or to go to a safe location.

  (c) The brief holding of a pupil by one adult for the purpose of calming or comforting the pupil.

  (d) Physical force used to take a weapon away from a pupil or to separate and remove a pupil from another person when the pupil is engaged in a physical assault on another person.

  2. “School” means a school district, a charter school, a public or private special education school that provides services to pupils placed by a public school, the Arizona state schools for the deaf and the blind and a private school.

  3. “Seclusion” means the involuntary confinement of a pupil alone in a room from which egress is prevented. Seclusion does not include the use of a voluntary behavior management technique, including a timeout location, as part of a pupil’s education plan, individual safety plan, behavioral plan or individualized education program that involves the pupil’s separation from a larger group for purposes of calming.

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Kirsch-Goodwin & Kirsch, PLLC

www.azspecialeducationlawyers.com 

What Parents Need to Know When First Learning that their Child Has Special Needs.

Hope Kirsch, a special education attorney with the law firm of Kirsch-Goodwin & Kirsch, PLLC, represents students with disabilities and their families throughout Arizona in school-related matters, including individualized education programs (IEP), due process, 504 plans, disciplinary matters and bullying. She was a special education teacher and school administrator for nearly 20 years and has a B.S. in special education from Boston University, an M.A./M.Ed. in special education from New York University and a law degree from Brooklyn Law School. Jewish News asked Kirsch about what parents need to know when first learning that their child has special needs.

What are the first steps a parent should take when they find out that their child is having difficulty in school?

Parents should submit a request via e-mail to the school district or charter school that the child attends. I advise parents to email the child’s teacher, the special education director for the school district or charter school and the school principal  or headmaster, stating they are requesting a complete assessment to determine the full nature and extent of their child’s disabilities and the impact of the disabilities on their child’s education. They should state their concerns and note that the email should be deemed as giving their “consent” to evaluate. (Giving consent triggers deadlines.) Parents who home-school their children, or who place their children in a for-profit private school – or whose children are in preschool or are ages 3-5 – should submit the evaluation request to the school district in which they reside (email the special education director and at least one other person, such as the superintendent). The schools have their own obligation, called “Child Find,” to evaluate, with parental consent, any child they suspect of having a disability that may require special education.   

What are the parents’ rights when it comes to the evaluation?

The school (home-school district or charter school) has 60 calendar days to complete the evaluation from the date parents give consent, which is why I suggest parents state in the email requesting the evaluation that they are giving consent. Parents can submit their request any time during the year, not just during the school year. 

The school is required under the law to assess/evaluate students “in all areas related to the suspected disability” including, if appropriate, social-emotional skills, behaviors, etc. If, after the evaluations, the parents do not agree with the findings, they have the right to an Independent Educational Evaluation (IEE) with an evaluator of their own choosing at the expense of the public education agency (PEA). If the school refuses, the school must file a due process complaint.       

What is the difference between a 504 and an IEP and how do they affect the student?

A 504 Plan provides accommodations, services and/or aids to students with a disability (as that term is defined under the Americans with Disabilities Act Amendments Act) to afford the student equal opportunities to participate in school activities and receive the same instruction as nondisabled peers, but they do not require special education. Accommodations may include extra time for the same assignments as their peers, a separate quiet room to take the same test as their peers, large type for reading the same instructional material, or ramps to physically access the same classroom. An IEP is for a child who requires special education – instruction that is specialized, or modified, for that child. A ninth-grader reading at third grade can be given "Romeo and Juliet" modified from Shakespearean language to their reading level. Also, an IEP has goals written into it; a 504 does not. A student does not have an IEP after graduating high school, whereas a 504 plan continues into post-secondary school, and a student who had an IEP in high school can have a 504 in college.

To what degree can a parent expect schools to provide services and supports for the special needs of their child?

In order to answer these questions, it is important to understand that the federal law governing IEPs, the Individuals with Disabilities Education Act (IDEA), does not require that schools maximize a child’s potential; the maxim is that students are only entitled to a Chevy, not a Cadillac. That said, the IEP must confer an “educational benefit” standard for a free and appropriate public education (FAPE) within the meaning of the IDEA by providing personalized instruction with sufficient support services to permit the child to benefit educationally from that instruction.  

If parents believe their child is not receiving a sufficient amount or the right kind of services and supports (such as occupational therapy, physical therapy, speech therapy, behavior intervention, one-on-one), or they believe goals are too high, too low or there is insufficient progress, or if they have any other concerns, they should notify the school and request an emergency IEP meeting. The school has 15 school days after the date of the request to conduct the meeting. Parents should prepare a list of their concerns and explain why it is they believe the IEP is not appropriate, what they think their child needs, and go through each item with the IEP team. After exhausting their efforts, parents’ options include mediation, state administrative complaints and, in limited circumstances, due process.       

Visit azspecialeducationlawyers.com, call 480-585-0600 or email info@kgklaw.com

Another Victory for Students in Arizona

In another victory for students in Arizona, the Ninth Circuit Court of Appeals affirmed the Decision of an Administrative Law Judge (ALJ) at Due Process that the parent's choice of school location (Gateway Academy) was appropriate for the student, and the school's choice of school location (ACES) was not.  Attorney Lori Kirsch-Goodwin of Kirsch-Goodwin & Kirsch represented the family at Due Process and through the appeals.  Although the law allows school administrators to decide on the LOCATION of the placement (after IEP Teams decide PLACEMENT), the location must nevertheless be appropriate for the student.  The outcome means that KGK's client, a little boy, will continue to remain in an appropriate private school to meet his needs. 

Lori had won at due process, but the school (Pointe Educational Services, a charter school) appealed and the District Court reversed.  KGK then appealed to the Ninth Circuit Court of Appeals.  A panel of three judges reversed the District Court. The outcome means that KGK's client, the little boy, will continue to remain in an appropriate private school to meet his needs. 

Here is an excerpt from the Decision:

The administrative law judge (ALJ) concluded that the Austin Center for Exceptional Students (ACES) would not afford A.T. a free appropriate public education (FAPE). The ALJ reached that conclusion after finding that ACES would involve excessive transitions between classes, inclusion of significantly older students in academic classes, and exposure to a student population with more severe behavioral issues than A.T. exhibited. The district court found this to be a “close case,” but ultimately concluded that the ALJ’s findings were not entitled to
deference. We agree with the district court that this is indeed a close case, but on balance we believe the ALJ’s findings are adequately supported by the record and should not have been disturbed. ... We find no basis in the record for disturbing the ALJ’s thorough and careful findings on these points. In short, the ALJ’s findings are supported by the record and entitled to
deference on appeal. We therefore reverse the district court’s judgment and remand for further proceedings.
REVERSED and REMANDED.

Autism Support Groups

Adults with High-Functioning Autism/Asperger’s
Contact: Tara at jamethiel9@hotmail.com or (602) 421-2215
Meets on the 2nd Saturday of every month in Tempe

Asperger Parent Network: Resource for families and professionals in the Greater Phoenix Area including family life coaching and special education advocacy services available. Monthly meetings, e-group and web site.
Contact information:
– Webpage: http://www.apnarizona.com
– Phone: 480-759-6329
– Contact: Carolyn Warden

Autism Society of Greater Phoenix and ROK (Recovering Our Kids)
This support group meets at three separate locations throughout the month. A Parent Mentor will be present at each meeting.
Contact Information:
– Meeting location: three locations across the Valley;

• West Valley location: New Life Community Church, 8155 W. Thunderbird Rd., Peoria, AZ 85381 — 2nd Monday or each month
• East Valley location: Serrano’s Mexican Restaurant, 959 N. Val Vista Dr., Gilbert, AZ 85234 — 3rd Tuesday of each month
• North Valley location: Paradise Valley Community Center, 17402 N. 40th St., Phoenix, AZ 85032 — 3rd Wednesday of each month

-Current agenda: http://www.phxautism.org/meetings.html
-Contact Cynthia Macluskie at cynthia.marksmom@cox.net for further information.

Autism Society of Northern Arizona 
We are an organization dedicated to increasing public awareness and providing support to family members and individuals with autism spectrum disorders throughout the Northern Arizona region.
-Meetings: 3rd Wednesday of every month
-Address: NAU Institute for Human Development, Large Conference Room. You can park in one of the metered parking spots in Lot #13. Parking is free after 4:30pm.
-Contact: NAzASAinformation@nazasa.org

AZ ASSIST
AZ ASSIST, Inc. is a group of parents in the Greater Phoenix area who, through experience, are a wealth of information and eager to ASSIST each other through the process of our children growing up and away. Our mission is to provide education, strategies, and support related to transition into the community after high school to parents of teens and young adults on the autism spectrum and to provide transition education and create opportunities for social skill development for teens and young adults on the Autism Spectrum. Check calendar for meeting information.
-Meeting: 3rd Monday of the month, Campus of EdOptions 7-9 PM, 2150 E Southern Ave, Tempe
Teens & Young Adults are encouraged to attend in order to socialize with multiplayer video games (no games rated M or above), air hockey, outdoor games and/or arts & crafts.
-Website: http://azassist.com/
-Email: info@azassist.com

AZA Parent Support Group
The Parent Support Group is a safe venue where parents of children with autism can discuss various topics related to home life, school issues, treatment and every day challenges. Parents will be equipped with relevant information from other experienced parents.
-Meetings: Last Monday of Every Month
-Address: At the Arizona Autism United main office, located in the Disability Empowerment Center, 5025 E. Washington St., Suite 212, Phoenix, AZ 85034
-Contact: Diane Martin, LPC

Connecting, Learning, and Special Education Support (Ahwatukee, Chandler, Tempe) CLASS ACT Support Group
Do you have a child with special needs? Are you looking for support and local information about schools, therapists, and social
interactions for your child? Come join other parents of special needs children for support, information, and networking.
-Meetings: 1st Tuesday of every month at 7pm
-Address: Melissa Shahʼs House, 16041 S. 27th Street Phoenix, AZ 85048 (near Chandler Blvd and 28th Street)
-Contact: Melissa Shah

Council for Jews with Special Needs: Provides a range of services.
Contact information:
– Address: 12701 North Scottsdale Road, Suite 205 Scottsdale, AZ 85254
– Webpage: http://www.cjsn.org/
– Phone: (480)-629-5343
– Email: info@cjsn.org

Dads 4 Special Kids: A network of support, resources and encouragement by men caring for children with special needs.
Contact information:
Phone: (602) 909-5463
Contact: Ray Morris-Email: ray@dads4specialkids.com

East Valley Parent Group: This group is for all parents of children with autism. Meets the first Tuesday of every month.
Contact information:
– Phone: (480) 632-5719
– Contact: Janet Kirwan
– Email: janet@autismcenter.org
– Meets: 1st Tuesday of each month

East Valley Autism Support Group for Spanish-Speakers: Group meets with experts from different fields related to autism. Group shares valuable information and offers support to families.
Contact information:
– Phone: (480) 831-1009
– Contact: Alberto Serpias
– Meets: 2nd Tuesday of each month

E.V.A.N. (East Valley Autism Network) formerly S.A.N.E. (Supporting Autism Now through Education)Contact information:
– Address: Gilbert, AZ 85296
– Phone: (480) 782-8960
– Email: wridetribe@cox.net

Family Fundamentals Parent Training Program
This program is a 7-week training course for parents to learn strategies that will improve their child’s communication, socialization, and/or behavior. The class alternates between lecture-based discussions to focus on theory and individual coaching sessions to focus on implementing practical strategies.
Contact information:
– Meets: Contact for upcoming schedule
– Address: At the Arizona Autism United main office, located in the Disability Empowerment Center, 5025 E. Washington St., Suite 212, Phoenix, AZ 85034
– Email: paulina@AZAunited.org

Fountain Hills, In Teaching Our Unique Children (FH-InTOUCH): A support group for parents and caregivers of special needs children living in Fountain Hills.
Contact information:
– Meets: Monthly, time and day to be determined for this next school year
– Email: deninis@cox.net, crlavoie@cox.net

Fragile X Society of Arizona: Provides information on Fragile X.
Contact information:
– Address: 3418 W. Lucia Drive Phoenix, AZ 85085
– Phone: (623) 587-7580/(602) 502-4765
– Email: azfragilex@gmail.com
– Webpage: www.fragilex.org/html/arizona.htm

GANE, Grupo de apoyo para nios especiales (West Valley)
-Address: 7102 W. Thomas Road, Suite 105, Phoenix, AZ 85323
-Phone: (623) 478-7277
-Contact: Gabriela Orozco

MEN…MEET AUTISM, is an informal gathering of men who
have someone in their life affected by autism. Fathers,
grandfathers, adult siblings, friends of someone with autism
come together in a laid back setting and autism is usually
the forefront of most conversations.
Meeting Information:
– When: 3rd Thursday of Every Month
– Time: 7pm
– Place: Big City BBQ in Mesa (north of US 60 @ Alma School)
– Contact: Jason Geroux 480-748-8620
Email mensgroup@arizonaautismsupport.org to get on the monthly email reminder list

Phoenix High Functioning Autism & Asperger’s Family Support Network
High Functioning Autism & Aspergers Family Support Network-Life issues in a supportive and tolerant environment for the Phoenix area.
Meets last Thursday of each month at Scottsdale Bible church, 7601 E Shea Blvd Rm E102. It follows the school year generally. See website for exact dates as they sometimes change.
Contact Information:
– Phone: (602) 225-0052
– Email: hfautism@cox.net
– Website: http://members.cox.net/hfautism

Phoenix West Valley Autism Families: This Facebook support group was created for moms and dads of children with autism in the West Valley in order to connect, learn and share experiences. They hold play dates several times a month and welcome others to do the same.
https://www.facebook.com/groups/PhoenixWestValleyAutismFamilies/

Raising Special Kids Parent Leadership: Raising Special Kids offers many different Parent Leadership opportunities. Whether it’s an hour a month or an hour a day, your time is valued and appreciated. If you are interested in volunteering to help support families of children with disabilities or special health needs visithttp://www.raisingspecialkids.org/ways-to-help/parent-leadership/ to learn more and submit a Parent Leader Application.

SARRC’s Grandparents Group: Informational group focused on educating grandparents of children with autism. Discussion-based group meets monthly to learn from experts on autism and volunteer.
Contact information:
Phone: (602) 340-8717
Contact: Kathy Bosco

Sib Support: Support group for parents of children with special needs as well as neurotypical children; opportunities for siblings to get together at recreational events.
-Website: www.sibsupport.com
-Contact: Larissa Beckstead, Co-Founder of Sibs Support

Support Group for Adults with High-Functioning Autism/Asperger’s
Contact information:
– Tempe Contact: trish_crew@yahoo.com
– Phoenix Contact: Tom at (602) 340-8717
– Tuscon Contact: Newport at jwholphin48@aol.com, (520)770-1591

West Side Autism Support Group Sponsored by Autism Society of Greater PhoenixContact Information:
– Phone: (480) 940-1093
– Contact: info@phxautism.org
– Where: Wee Care Corp., 12409 W. Indian School Rd. #C306, Avondale, AZ 85396 (East of Dysart on Indian School in the Indian School Crossings Building on the south side of the road).

West Side Group for Adults with Autism/Asperger’s
Location: 10854 North 60th Ave, Glendale; Club House
Contact: Hope at hopehagen@yahoo.com, or call 623-979-5555
Website: http://www.meetup.com/Westside-Autism-Aspergers-support-group/

West Valley Autism Parent Support Group
Contact information:
– Phone: (623) 572-5289
– Contact: Shelly V.
– Email: shellyvin@cox.net
– Meets: 2nd Monday of each month from 7-9pm
– Location: New Life Community Church located at 8155 W Thunderbird Rd. Peoria AZ 85381.

Yuma Autism Support Group
-Address: 399 West 32nd Street, Yuma, AZ 85364
-Webpage: www.autismyuma.cfsites.org
-Meeting Information: We generally meet the first Wednesday of every month from 6-8pm at the YRMC Corporate Center located at 399 West 32nd Street in Yuma, Az (beween Mervyn’s and Spragues). Please visit our site for more details and exact dates.

Kirsch-Goodwin & Kirsch, Special Education lawyers

Travelling with children who have special needs

KGK recommends this great article in the New York Times about travelling for families who have children with special needs:  Travel Help for Families With Special Needs

Who must be on the IEP Team? Who must attend IEP meetings?

The Individuals with Disabilities Education Act (the "IDEA") requires school districts and charter schools to ensure that each IEP Team (and thus each IEP Team meeting) includes the following individuals:

1. The child's parents (or legal guardians);

2. At least one general education teacher of the child, if the child is or may be participating in the general education environment;

3. At least one special education teacher of the child, or, where appropriate, at least one special education provider of the child;

4. A school district (or charter school) representative who: (1) is qualified to provide or supervise the provision of specially designed instruction to meet the unique needs of students with disabilities; (2) is knowledgeable about the general education curriculum; and (3) is knowledgeable about the availability of the district's resources.

5. An individual who can interpret the instructional implications of evaluation results;

6. At the discretion of the parents or of the school district /charter school, other individuals who have knowledge or special expertise about the child, including related-services personnel as appropriate; and

7. The child, whenever appropriate.

One reader of our blog sent us the following QUESTION:
I teach a self-contained special ed preschool class. Our district has no general education equivalent. We have been told to bring in kindergarten and 1st grade teachers (with no knowledge of preschoolers or pre-k core standards) to be the gen. ed. team members in IEP meetings. I just looked in IDEA and it says "not less than 1 regular education teacher of such child (if the child is, or may be, participating in the regular education environment)". My question is: since none of my students are ever in a regular education environment, do I still need to have regular education teachers at the IEP meeting?  
OUR ANSWER:  Best practice would be YES because without having a general education teacher attend an IEP meeting, having a meeting without a general education teacher in your scenario could appear as the school having "predetermined" that the student is not going to be in a general education setting at all.  Not having the gen ed teacher may appear as if the school determined (predetermined)  that the child will not be participating at all in the general education environment.  

www.azspecialeducationlawyers.com

Inviting All Fathers

INVITING ALL FATHERS:  The Fatherhood Collaborative is convening a “Community Forum on Fatherhood” at Mesa Community College on Thursday June 4, 2015 from 5:00pm – 8:00pm. The evening will begin with a networking reception at 5:00 offering display tables with resources for fathers and light refreshments. At 6:00 a panel presentation will address the question: What are the challenges that men face in their role as fathers and what we can do in our communities to encourage and support increased father involvement?
Due to generous sponsorships, admission to this event is free and is open to parents, community members, social service providers, and community stakeholders. Joe Dana of Channel 12 will moderate the seven member panel discussion, followed by a Q and A session.
This event will cover 7 topic areas, in which guest speakers from each department will answer questions and cover concerns in dealing with the key topic.
Education
Legislation
US Military and veterans
Family Court Services
Department of Child Support Services
Department of Behavioral Health Services
Department of Corrections

We hope to see you there,
Kirsch-Goodwin & Kirsch