Restraint and Seclusion

Discipline of Students with Disabilities

Dear Colleague Letter, US DOE/Office of Special Education Programs (OSEP), 2022.
OSEP implores districts to examine their policies, practices, and procedures to address discipline disparities that result in students with disabilities being subjected to higher rates of aversive practices, suspensions, and expulsions. OSEP urges districts to advise educators and administrators to use strategies other than exclusionary discipline to provide FAPE.

Q & A on Addressing the Needs of Children with Disabilities and IDEA’s Discipline Provisions, US DOE/Office of Special Education and Rehabilitative Services (OSERS), 2022.
Citing confusion about how to apply discipline to students with disabilities in compliance with the IDEA, OSERS answers 70 questions on discipline. OSERS explains that the misapplication of disciplinary protections, or the failure to apply them, may result in disparate exclusion of students of color.

Positive, Proactive Approaches to Supporting Children with Disabilities: A Guide for Stakeholders, OSERS, 2022.
Districts must reconsider their use of exclusionary discipline and aversive practices. Exclusionary discipline is not appropriate for nonviolent offenses like tardiness, absenteeism, or subjective offenses such as defiance or disrespect. Instead, OSERS urges districts to implement culturally and linguistically responsive measures to create a positive school environment.

Restraint and Seclusion

The US Department of Education released these publications that outline principles for educators, parents, and other stakeholders to consider when developing or refining policies and procedures to support positive behavioral interventions and to avoid the use of restraint and seclusion.

Restraint and Seclusion: Resource Document, US Department of Education (DOE), 2012
Q&A Fact Sheet: Restraint and Seclusion of Students with Disabilities, US DOE Office for Civil Rights (OCR), 2016
Dear Colleague letter, Restraint and Seclusion of Students with Disabilities, US DOE/OCR, 2016
Arizona Revised Statute 15-105 explains the use of restraint and seclusion as well as techniques, requirements, and definitions

Page revised 9/15/22

From the Exceptional Student Services Blog

DATA MANAGEMENT ALERT: FY24 Statement of Assurances required by all PEAs opens on 4/3/23 Mon, Mar 20 2023 Data Management, Updates

DATA MANAGEMENT ALERT

FY23 Statement of Assurances required by all PEAs opens on 4/3/23

Under the Individuals with Disabilities Act (IDEA), the representative body for Special Education for Arizona, Exceptional Student Services, is required to obtain assurances from Public Education Agencies (PEAs) to attest that they are meeting the requirements under state and federal statute for special education in the state of Arizona.

It is a requirement for all entities defined as PEAs regardless if they get federal funds or not.

All PEAs must submit the IDEA Statement of Assurances (SOA) through the ESS Portal of ADEConnect.

The application will open on 4/3/23 and close for submissions on 6/15/23.

INTERNAL PD INFO: Multi-Tier Behavior Supports (MTBS) Year 1 Mon, Mar 20 2023 Professional Learning and Sustainability, Updates

Special Education Directors:

Are you concerned about the current rate of suspensions and expulsions at your school or district? Do you feel students are losing valuable class time due to disruptions and other behavior problems? Are teachers struggling to be successful with classroom management? Are administrators spending too much time dealing with discipline issues? If you answered yes to one or more of these questions, then you might find the solution in Multi-Tier Behavior Supports.