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Chapter 33 Stakeholder Meeting, September 28, 2011

Cross Office Building, Room 103

Attendees:

Ansley Newton, MDOE, Facilitator
Nancy Cronin, Maine Developmental Disabilities Center
Barbara Gunn, Director, Southern Penobscot Regional Program
Alison Marchese, MADSEC
Steve Spear, MDOE
Jonathan Kimball, Woodfords
Sandra MacArthur, MSBA
Debbie Gilmer, Syntiro
Jude Herb, Parent
Sheila Jepson, MPA
Nancy Dube, MDOE
Deb Davis, Parent
Jonathan Leach, Children’s Center
Robin Pelletier, MPF

Take-a-stand Activity

Ansley read key questions to the group as they took positions around the room ranging from strongly agree to strongly disagree. 

Deb Friedman Questions

Deb Friedman attended the meeting to seek clarification from the group on a number of issues.  Her key questions and concerns are summarized below:

  • Section 1 Policy and Purpose:  “This rule applies to all students enrolled…”  Does this belong in scope?
  • Section 1.3 Documentation:  Who writes of the documentation?  Who is the “program administrator?”  The timing in this section seems inconsistent.
  • General comment:  When there is a local process in place, Chapter 33 should not require a parallel process.  For example, the notification requirement to “use all means” is no doubt already in local policy.  
  • Section 3.3 Monitoring of Seclusion:  Is the adult in the room?
  • Section 3.4 Termination of Seclusion:  Is it the administrator that continues to monitor the status of the seclusion every ten minutes?
  • Section 4.0 Permitted use of Physical Restraint:  The protective equipment paragraph…is this the right place for this? 
  • Ansley’s question to DF:  Should the draft contain different points of view?  Her response:  Whatever input you can provide to the department will be useful.
  • Section 4.5 Exclusions:  How does Chapter 33 apply to School Resource Officers?
  • Section 1.1 Notification:  Seems too wordy.  Don’t all schools have emergency protocols for contacting parents?  How does restraint/seclusion that occurs outside the school day differ from that which occurs during the school day?

Ms. Friedman also pointed out inconsistencies in the document that will have to be corrected as the document moves forward. 

Definitions

Participants divided into two groups to work on the definitions.  Group 1 began with Prevention and Conflict De-escalation Training and continued to the end of the list.  Remaining definitions were considered by Group 2.

Group 1 work product (to be reviewed by the entire group)

Google Docs   

Child and Family Services Manual

<Mechanical restraint is prescribed assistive devices such as splints, standing tables and chairs with restraints used as prescribed are not considered mechanical restraints….Vehicle restraints required by law or recommended as part of a behavior intervention plan are not considered mechanical restraints.

Mechanical restraint: an apparatus employed to restrain a person, or the act of using an apparatus for this purpose. A mechanical restraint is any item worn by or placed on the person to limit behavior or movement and which cannot be removed by the person. Mechanical restraints include, but are not limited to devices such as mittens, straps, arm splints, bed rails and helmets. They do not include positioning or adaptive devices when used prescriptively in accordance with 34-B MRSA § 5605.

Time-out is an intervention where a student complies with an adult request for a break and is not covered by these rules. (in progress of discussion)

Timeout, Voluntary: a break from an activity, or a quiet period initiated by the person to calm down.  Voluntary timeout may result from a non-coercive choice or suggestion offered by staff. Any coercion or physical intervention constitutes a restraint.

Chemical restraint is the use of medication, given involuntarily, to control child behavior for the purpose of physical restraint.

Chemical restraint: the use of a prescribed medicine when the primary purpose of the medication is a response to behavior rather than a physical condition; and the prescribed medication is a drug or dosage that would not otherwise be administered to the person as part of a regular medication regimen; and the prescribed medicine impairs the person’s ability to do or accomplish the person’s usual activities of daily living (as compared to the person’s usual performance when the medicine is not administered) by causing disorientation, confusion, or an impairment of physical or mental functioning. Medications that help a person sleep during the person’s regular sleeping hours are not considered chemical restraints.

Aversive interventions are the use of aversive therapy or treatment that includes the application of unusual, noxious or potentially hazardous substances, stimuli or procedures to a child. Such substances, stimuli, and procedures include but are not limited to: water spray, hitting, pinching, slapping, noxious fumes, extreme physical exercise, costumes, or signs.

Aversive: an intervention or action intended to modify behavior that would cause harm or damage to a person, or it arouses fear or distress in that person, even when the stimulus appears to be pleasant or neutral to others.

Behavioral emergency is when a child’s behavior presents an imminent risk of injury to that child, other children, teachers or other personnel.
Emergency is a sudden, generally unexpected set of circumstances that requires immediate action

Emergency is a situation in which there is risk of imminent harm or danger to the person or others.  Risk of criminal detention or arrest may constitute an emergency.

 

Google Doc Definitions

Child & Family Services Manual Definitions

Crisis intervention training is training provided to selected school staff which address how to deal with aggressive, violent or other behavioral emergencies. It includes specific techniques for physical escort, physical restraint and seclusion. The curriculum would meet state standards and would result in certification of school staff.

 

Dangerous behavior is when a child’s behavior presents a risk of injury or harm to that child, other children, teachers or other personnel.

Challenging Behavior presents an imminent health and safety risk to the person or others or presents serious and imminent risk of damage to property or seriously interferes with a persons ability to have positive life experiences

De-escalation is causing a situation to become more controlled, calm and less dangerous, thus reducing the risk for injury to someone. This should be part of a school-wide training to all school personnel that meets state standards.

 

Emergency interventions are the use of physical escort, physical restraint and seclusion, as defined by the training programs that meet state standards, in times of behavioral emergencies.
Imminent is when it will likely to happen right away; within a matter of minutes.

 

Physical Escort is the temporary touching or holding of the hand, wrist, arm, shoulder, hip or back for the purpose of moving a student voluntarily.  (not included in the proposed language)

Escort is a physical assistance to support a person to stand or walk when the person who is providing the support follows the lead of the person being supported. I an escort becomes coercive it is a restraint

Positive alternatives are a set of instructional and environmental supports to teach students pro-social alternatives to problem behaviors with high rates of positive feedback.

Positive Supports: See this regulation, Section I.A, 1-3.

Prevention and conflict de-escalation training is training which meet state and local standards provided to selected staff on how to prevent, defuse, and de-escalate potential emergencies.

 

 

 

Imminent risk of injury or harm is dangerous behavior by a child that has the means to cause harm or injury to self or others and is likely to occur at any moment; such that a reasonable and prudent person would take steps instantly to protect the student and others against the risk.

 

 

 

Google Doc Definitions

Child & Family Services Manual Definitions

Behavior Intervention Plan is a comprehensive plan for managing behavior by changing or removing contextual factors that trigger or maintain it, and by strengthening replacement skills.

Behavior Management Plan  (Very long see manual section 5 page 24)

Functional Behavioral Assessment Functional Behavioral Assessment. Functional behavioral assessment means a school-based process used by the Individualized Education Program (IEP) Team, which includes the parent and, as appropriate, the child, to determine why a child engages in challenging behaviors and how the behavior relates to the child’s environment. The term includes direct assessments, indirect assessments and data analysis designed to assist the IEP Team to identify and define the problem behavior in concrete terms, identify the contextual factors (including affective and cognitive factors) that contribute to the behavior, and formulate a hypothesis regarding the general conditions under which a behavior usually occurs and the probable consequences that maintain the behavior.  Formal documentation of the assessment by appropriately qualified individuals becomes part of the child’s educational record and is provided to the IEP Team.

Functional Assessment  (very long see manual section 5 page 23)

Covered Entity is a learning environment receiving public funds including but not limited to: private schools, charter schools, special purpose private schools, out of state placements, public regional programs, CTEs, LEA, SAU, public P-K, HeadStart, CDS and contractees, publicly supported private schools, educational programs within hospital settings and educational programs offered to non-adjudicated students administered by the juvenile justice system

 

Serious bodily injury: (3) the term “serious bodily injury” means bodily injury which involves—
(A) a substantial risk of death;
(B) extreme physical pain;
(C) protracted and obvious disfigurement; or
(D) protracted loss or impairment of the function of a bodily member, organ, or mental faculty; and
(4) the term “bodily injury” means—
(A) a cut, abrasion, bruise, burn, or disfigurement;
(B) physical pain;
(C) illness;
(D) impairment of the function of a bodily member, organ, or mental faculty; or
(E) any other injury to the body, no matter how temporary

 

 

Group 2 work product (to be reviewed by the entire group)

 

Google Docs   

Child and Family Services Manual

 

Mechanical restraint: is any item worn by or placed on the person to limit behavior or movement and which cannot be removed by the person.  (See Secton 4.1 and 4.2)

Time-out is  when a student complies with an adult request for a break and is not covered by these rules. (in progress of discussion)

 

Chemical restraint is the use of medication to control child behavior or limit movement.  (See 4.1 and 4.2)                  

 

 

Aversive: describes a procedure or stimulus  intended to modify behavior that would cause physical and/or emotional trauma to  a student, even when the stimulus appears to be pleasant or neutral to others. Such substances, stimuli, and procedures include but are not limited to: infliction of bodily pain,(e.g.,hitting, pinching, slapping),water spray, noxious fumes, extreme physical exercise, costumes, or signs. (Sec. 4.2)

Next meeting

The next meeting will be on October 3, 2011 in room 105.  The group will review the definitions worked on today and will also review the entire document. 

 

Submitted by:  Steve Spear