Tag: handle with care

How to Stop the School –> Prison –> Pipeline

Too many students are being diverted from school into the criminal justice system.

The school-to-prison pipeline “is one of our nation’s most formidable challenges, states the report.” “It arises from low expectations; low academic achievement; incorrect referral or categorization in special education; and overly harsh discipline, including suspension, expulsion, referral to law enforcement, arrest and treatment in the juvenile justice system.”  And, the report notes, “Throughout these causes runs evidence of implicitly biased discretionary decisions, which, unintentionally, bring about these results.”

What the report fails to mention is that the causes are not generally biased discretionary decisions, but policies imposed on schools by legislators, regulators and school boards.  There has been a movement across the country that takes the authority away from individual schools.  Individual schools often no longer have the authority to make discipline, safety, educational or treatment decisions as their discretion has been usurped by policy makers and people removed from the classroom.

The result, while, perhaps, unintentional, was absolutely foreseeable.

When you take the authority and ability to maintain a safe and effective educational environment away from the school and educators, and place the authority in the hands of law enforcement, there will be a rise in the number of students entering the school –> to –> prison pipeline.

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We’re a hands off facility. What do we do when there is a fight?

Question:

We are a hands off facility but we have teenage boys in our group homes that are at times very aggressive/violent.  Our staff is working on deescalating the boys as soon as possible and developing relationships with them but what can we do when they start fighting with each other?

How can we break up the fight, keep everyone safe, and be hands off at the same time?

Answer:

The short answer is, you can’t; not if your client-combatants ignore your verbal instructions to stop.

The long answer is, while it may be nice to say you are a “hands off” facility, the fact is, your agency has a  responsibility to protect those in its care.

If you are going to take a population where it is foreseeable that there might be a physical altercation, you have to train staff to deal with that situation in a manner that is effective. It is not enough that you have “a” policy in place, the policy and training has to be effective to deal with the situation.  The other option is to call law enforcement, but if law enforcement does not get there quickly enough, your agency may still have to answer why it did not intervene.

There is a duty to train staff to deal with foreseeable circumstances.  There is also a duty to set up a safe environment capable of dealing with the population you serve. Again, “a” policy will not insulate you if the policy is not suitable for the needs of your facility.

If your agency is taking kids and there are fights and you know there are fights and the kids are not listening to verbal commands, and you can and should check with your agency attorney, but I don’t see how you can escape your duty to protect a client in your care who is a victim(s) of a battery by saying we didn’t intervene because we’re hands off.  The only possible way to minimize the duty to train staff to deal with violence is to only accept those clients who present zero risk of assaultive behavior into your program.  I am not sure that is possible.

Failing to take action can be just as abusive to a client as taking inappropriate action, under the right circumstances.

If the State is preventing you from restraining and forcing you to retreat and maintain a hands off policy, we would suggest that you bring the issue up with your State licensor and change the semantics of the discussion.  Frame the issue with respect to your state self defense and defense of others laws and the constitutional right to protect oneself (or another) from bodily harm.  Then address the issue of  your facility’s duty of care.  Frame the use of restraint as a least restrictive method of self-defense when retreat and verbal commands proved or were determined to be ineffective.

We do not want to place your agency at odds with your state licensing agency, but if you haven’t addressed the issue with them maybe you should ask for an advisory opinion or guidance.  A hands off policy where someone is in danger of being physically hurt is (in our opinion) illegal and ultimately unenforceable.  We have a position paper on this issue that we have provided links to.

Feel free to call us if you have any additional questions (845) 255-4031.

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Supine restraint for clients with exceptional athleticism

Question:

During our latest staff training we had the pleasure of a young flexible staff member who showed off his skills when restrained in a face up (supine) position.  The staff memberwas able to roll upward onto his upper back and shoulders and deliver knee strikes (with force) to our heads. Granted we would not elect to use this hold for someone like him who has no restrictions for the standard prone position but for demonstration and training we were at a loss for an answer.

Answer:

Most people do not have the flexibility to present the problem you describe, which is why it normally not necessary to have a leg person. In the scenario you present, you will need a person to control the client’s legs.

For his safety, make sure the person assigned to control the legs 1) stays low on the way in (using one of the people on the shoulders to block the resident’s view) and 2) he aims for the waist and works down to the legs.

HWC’s Empty-handed take down exercise

Question:

Is the empty hand take down going through the movements with out having someone in a PRT?

BTW: My staff said this is the best method that they have been trained in for handling clients.

Answer:

Yes. The empty hand take-down is the most important exercise you have your students do before you begin spotting for them with a live person. It is used to 1) establish the correct step sequence of the PRT takedown. 2) It can also be used any time you encounter confusion with a student about the correct sequence when you are spotting for them. Finally, 3) You use it to identify any student with a pre existing medical, orthopedic or some other issue that would preclude them from attempting a takedown with a live person.

Every HWC student performing a takedown with a person during training MUST be properly “spotted” for and the takedown count that you use with them MUST be the takedown count you were taught. It is in the Instructor Manual (“Deep Step Back” etc.)

In short, If they cannot do the Empty Handed Takedown Drill comfortably, they should not attempt a takedown with a person.

HWC Early Childhood Manual

Handle With Care has developed an Early Childhood Manual for Pre-school and Early Elementary School Children.  If you are a HWC agency caring for this age-group, we are emailing all of our current school contacts a copy of this Manual for distribution.

If you have any comments or technical questions, contact us at (845) 255-4031 or [email protected]

Louisiana Act No. 328 on Seclusion and Restraint in Schools

The Louisiana Developmental Disabilities Council, LaTEACH, and thousands of parents across Louisiana are very appreciative of Senator Jack Donahue’s efforts in championing Senate Bill 59 (Act 328 of 2011).

In July, 2011, Governor Jindal signed Act 328 to regulate the use of restraint and seclusion for students with disabilities in schools. Parents said their highest priority was for schools to notify them whenever their child is restrained or secluded. Many parents testified that they discovered their child was being restrained by someone speaking off the record out in the community or by walking into their child’s classroom or bus and realizing the common practice of strapping their child into a chair. Act 328 requires school systems to notify parents whenever their child is restrained or placed in seclusion.

In passing Act 328, Louisiana joins 28 other states with policies governing the use of restraint or seclusion in schools and provides Louisiana students with some of the same protections already afforded people in hospitals, nursing homes, community and group homes, mental health facilities, even prisons.

Next steps will involve the Louisiana Board of Elementary and Secondary Education (BESE) creating rules to align with provisions in Act 328.  The bill requires the governing authority of each public elementary and secondary school to adopt written guidelines and procedures regarding the appropriate use of restrains and seclusion.  These guidelines shall include:

  • Reporting requirements
  • Notification requirements
  • Physical restraint training

Handle With Care provides training that meets Louisiana’s requirements on restraint and seclusion.

HWC provides training to schools across the country and Louisiana in behavior management, behavioral supports and least restrictive intervention training through our basic and “train-the-trainer” Instructor Certification Program.

See HWC’s schedule for training in Louisiana.  We also provide on-site training.

For additional information about HWC training contact us at [email protected] or Joy at (845) 255-4031.