Restraint, Seclusion and Use of Aversives

Proposed Virginia Regulations

The use of restraints, seclusion and aversions is addressed in proposed Regulations Governing the Operation of Private Schools for Students with Disabilities.

The proposed Regulations –

–          Would allow the “application of aversive stimuli” such as introduction of foul or burning substances, deprivation of senses, and excessively loud sounds;

–          Would allow restraints that impede breathing;

–          Lacks clarity about when restraint and seclusion could be used which could result in their use in situations other than when there is imminent danger of physical injury and when less restrictive measures have failed or would be ineffective; and

–          Would allow the use of restraint and seclusion for “severe property damage that may result in personal injury.”

The Board of Education is planning to take final action on the proposed regulations during their May 23 meeting. The Board needs to hear from you now about these proposed regulations. The Virginia Coalition for Students with Disabilities is asking that Board action on the regulations be delayed until amendments to better serve and protect students are incorporated into the proposed regulations.

Communicate with the Board of Education by sending email to BOE@doe.virginia.gov. The Board needs to know that they should not delete current regulatory requirements that protect students from harmful restraints, seclusion and aversive interventions.

The proposed regulations can be viewed at http://www.doe.virginia.gov/boe/meetings/2013/04_apr/agenda_items/item_f.pdf.

Sections 8VAC20-671-640, 650 and 660 starting on page 127 are of particular interest.

Monday, May 13, 9:00am the Virginia Department of Education will hold a Stakeholder Webinar on the proposed regulations for people with disabilities, parents and other advocates. You are welcome to join this webinar. Click the link below to join the webinar. https://intercall.webex.com/intercall/j.php?ED=235701717&UID=1648188407&PW=NOGQ5MDEzYzU5&RT=MiMxMQ%3D%3D

If you are not able to join the meeting through your computer, you can call:

Toll-free: 1-866-8425779, Toll number: 1-832-4453763, Conference Code: 804 225 3252

The Coalition is drafting comment on the proposed regulation which will be available early next week.

For more information, contact the Coalition at cward@endependence.org or 757-351-1585 or 866-323-1088.

Please share this information with other advocates.