Schools abuse students with disabilities, state advocates, federal government say

By: Gene Myers
NorthJersey.com
USA Today Network - New Jersey

..... Renay Zamloot has fought for students with disabilities for years, ever since the Clinton Township mom's son, who is on the autism spectrum, came home one day form third grade and asked "if it was OK if teachers hurt little boys."
..... "They would carry him out of the room when it was time for his services and his teacher would rap him on the head whenever he wasn't paying attention," she said.
..... Zamloot described it as "abuse" and said it's a common occurrence for students with disabilities.
..... Guidance released by the federal government last week [07/19/2022] concurs. In more than 100 pages of recommendations and warnings sent to schools around the nation, the U.S. Education Department said students with disabilities are too often targets of discrimination and inappropriate discipline. The department said educators need better training to root out ineffective and harmful interventions.
..... "All students deserve to have their rights protected, and schools deserve greater clarity on how they can avoid the discriminatory use of discipling," said U.S. Secretary of Education Miguel Cardona. "Too often, students with disabilities face harsh and exclusionary disciplinary action at school."
..... The guidelines take aim at two practices that parents and advocates have decried: first, the restraint and isolation of students in "seclusion closets" or "quite rooms," and second, "informal removals" that banish kids with disabilities from schools and classrooms. The overuse of such tactics frequently stems from a lack of support and resources that school district by law should be providing, the Education Department said.
..... Zamloot said she's helped thousands of New Jersey families in the 24 years since her son came home with his tale of abuse. The Hunterdon County mom estimates she works with 150 families a year, attending meetings with school officials about interventions and Individualized Education Plans for students with disabilities. Not all of those cases involve restraints, but she's seen hundreds that did, she said.
..... Children with disabilities account for 80.2% of students subject to physical restraint and 77.3% of those placed in seclusion, despite, making up only 13.2% of total student enrollment nationwide, according to the Education Department.
..... "Students with disabilities are disciplined way more than students without disabilities," said Mary Ciccone, managing attorney with Trenton-based Disability Rights New Jersey. students who need help with conditions including ADHD and autism are instead being locked up or removed from their classrooms, she said.
..... "Children of color are way more likely to be removed form the classroom than their white peers and with children with disabilities, that number goes even higher," she said.
..... The new guidance documents outline behaviors that trigger disciplinary practices and lay out better alternatives Ciccone said.
..... The Department of Education said it released new resources last week [07/20/2022] out of "concern" as "mental health issues" among students have been on the rise since the pandemic and "some students with disabilities are not receiving the supports and services necessary to address their educational needs, including their disability-based behavior."
..... The department called for better tacking of informal removals, which may include a child being taken out of class, placed in detention or sent home from school. New Jersey doesn't track cases of restraint, seclusion or informal removals, disability advocates said.
..... According to the new guidance, removals lasting 10 consecutive days or less should trigger a meeting with at least one of the student's teachers at focus on "how best to address the child's needs" if no change of classes or instructor is required. The student's IEP (Individualized Education Plan) team is required to meet whenever a change of classes or teachers is under consideration.
..... The guidance puts the onus to find help for students on school districts, not families. It recommends training school staff to better understand children with disabilities and their rights, to recognize sings of stress and to develop more "appropriate instructional and behavioral strategies."
..... Restraint and seclusion are still allowed in cases where there is "immediate danger" to students or others, but the education Department stressed the importance of better staff training to prevent situations form escalating.
..... "They came out and said there is absolutely zero data saying corporal punishment and seclusion and restraint is a good idea," said Peg Kinsell, policy director at SPAN Parent Advocacy Network in Newark. "They consider it discipline because there's no evidence for it."
..... "There is no reason in the world to use those interventions or kids," Kinsell added. "But it is happening all over New Jersey."
..... The state Department of Education didn't respond to requests seeking comment on the new guidance and how it would be implemented in New Jersey schools.

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