SB 1993 Senator Stewart
HB 1336 Representative Jones S
Education - As introduced, enacts the "Special Education Behavioral Supports Act," amending current restrictions on isolation and restraint in special education. - Amends TCA Title 49, Chapter 10, Part 13.
The Disability Coalition on Education SUPPORTS this legislation.
Rationale:
o While current law on restraint and isolation (r/i) has helped establish important standards surrounding these practices on students who receive special education services, these minimum standards are not enough to ensure the safety of students
o Adults receiving services through the Department of Intellectual and Developmental Disabilities have greater protections than students receiving special education services
o The current law allows for the use of r/i in situations other than emergencies; best practice in the field does not promote the use of r/i as an intervention to modify behavior
Clarification:
o This legislation
o Stipulates that r/i should only be used in emergency situations where there is imminent risk of bodily harm to self or others
o Still allows r/i to be written into a student’s Individualized Education Plan (IEP) provided that it meets the criteria for emergency situation
o Clarifies that it is allowable to have an unlocked door on a isolation room provided the room meets other criteria
o Requires teachers to receive training in r/i techniques, which is referenced twice in current statute. R/I are dangerous techniques that pose great harm to both the student and the teacher. Training greatly reduces the potential of harm to all involved
o Extends the reach of the statute to include private schools and facilities where students have been placed by the local or state education agency. Does not cover circumstances where students are funded by private insurance or by DCS.
o Requires that parents/guardians be notified anytime that r/i is used
o Requires data collection and reporting from each Local Education Administration (LEA). The Office of Civil Rights added data points related to r/i to their mandatory reporting, so many LEAs will already to be required to collect this data. Accurate report will ensure appropriate use of R/I.
o Adds a prohibition on disabling/removing necessary equipment as punishment (e.g. removing orthotic devices necessary to walk)
Contact: SB 1993 Senator Stewart
HB 1336 Representative Jones S
Education - As introduced, enacts the "Special Education Behavioral Supports Act," amending current restrictions on isolation and restraint in special education. - Amends TCA Title 49, Chapter 10, Part 13.
The Arc of Tennessee SUPPORTS this legislation.
Rationale:
o While current law on restraint and isolation (r/i) has helped establish important standards surrounding these practices on students who receive special education services, these minimum standards are not enough to ensure the safety of students
o Adults receiving services through the Department of Intellectual and Developmental Disabilities have greater protections than students receiving special education services
o The current law allows for the use of r/i in situations other than emergencies; best practice in the field does not promote the use of r/i as an intervention to modify behavior
Clarification:
o This legislation
o Stipulates that r/i should only be used in emergency situations where there is imminent risk of bodily harm to self or others
o Still allows r/i to be written into a student’s Individualized Education Plan (IEP) provided that it meets the criteria for emergency situation
o Clarifies that it is allowable to have an unlocked door on a isolation room provided the room meets other criteria
o Requires teachers to receive training in r/i techniques, which is referenced twice in current statute. R/I are dangerous techniques that pose great harm to both the student and the teacher. Training greatly reduces the potential of harm to all involved
o Extends the reach of the statute to include private schools and facilities where students have been placed by the local or state education agency. Does not cover circumstances where students are funded by private insurance or by DCS.
o Requires that parents/guardians be notified anytime that r/i is used
o Requires data collection and reporting from each Local Education Administration (LEA). The Office of Civil Rights added data points related to r/i to their mandatory reporting, so many LEAs will already to be required to collect this data. Accurate report will ensure appropriate use of R/I.
o Adds a prohibition on disabling/removing necessary equipment as punishment (e.g. removing orthotic devices necessary to walk)
Contact: holly lu conant rees, chair, DCE
on behalf of the Disability Coalition on Education
c/o 151 Athens Way, Suite 100
Nashville, TN 37228
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