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 info@handlewithcare.com or Joy at (845) 255-4031.
Teacher Faces Misdemeanor Child Neglect Charges For Letting Students "Slap It Out"
The Omaha Public School district is recommending that McMillan Magnet Center teacher Patrick Kocsis be terminated. Kocsis faces misdemeanor child neglect charges. He is accused of letting two boys "slap it out" to resolve their differences. The 39-year-old teacher has been removed from the school pending an investigation into the case. If the school board approves the administration's recommendation, Kocsis could lose his job when the board meets on Sept. 7. Police said the incident was caught on school surveillance. Both the students were also punished. Read More
Oregon. Lincoln County School District sued $2.9 million for failing to protect students against 6-year-old
A Federal lawsuit filed on behalf of five Lincoln County elementary students accuses local school officials of failing to report and prevent "sexual harassment and assault" by a 6-year-old boy who they said touched their genitals, hit them in the crotch and exposed himself. The lawsuit says "sexual touching" occurred in classrooms and on the playground. It contends that school officials knew about the behavior and did not notify the plaintiffs' parents about the ongoing sexual molestation. The suit also alleges a pattern of repeated sexual abuse, physical abuse, and bullying behavior that was repeatedly brought to the attention of the school.  That the school did nothing to protect these kids from further assault, stop the ongoing abusive behavior or even notify the parents. The lawsuit further alleges that the school employees did not comply with mandatory reporting requirements. There is no mention in the lawsuit whether the 6 year old boy was a victim of sexual abuse or assault himself. In fact, the school only acknowledged the 6-year-old boy's behavior after one the parents heard about it and confrnted the school district. The suit is alleging emotional and economic damages, totaling about $2.9 million plus attorney and court costs.