NYS Permitting Schools To Use Noxious Stimuli To Punish Disabled - WTH!

[Mnemosyne]

I am so furious I cannot see straight. Did Willowbrook mean nothing?!:nuke:

NYCLU Calls On State Regents To Reject Regulations Permitting Schools To Use Noxious Stimuli To Punish Students With Disabilities

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January 8, 2007 -- The New York Civil Liberties Union today called on the New York State Board of Regents to reject regulations that would permit New York State schools to use electric skin shock, electric shocks, beatings, isolation, restraints, food deprivation, and other "aversive" stimuli to control the behaviors of children with disabilities.

In June 2006 the New York Board of Regents approved "emergency regulations" that permit New York State schools to use, on a "child-specific" basis, aversive behavioral interventions and restraint and seclusion techniques to punish or control children with disabilities who attend New York State schools. At its January 2007 meeting, the Board of Regents are expected to vote to decide whether to make the regulations permanent. These techniques, the NYCLU maintains,

* serve no therapeutic or educational purpose;
* are an extremely poor substitute for staff and other resources necessary to provide appropriate treatment and supports for persons with mental retardation; and
* can be -- and often are -- easily abused.

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Added Donna Lieberman, NYCLU Executive Director: "Over thirty years ago the NYCLU successfully sued New York State to end institutional practices that dehumanized children with disabilities who were being 'educated' at the infamous Willowbrook State School. Like the practices we saw at Willowbrook, aversive behavioral interventions and seclusion and restraint practices dehumanize without serving any therapeutic purpose. The Board of Regents must ban them, not endorse them."

http://www.nyclu.org/nysed_specialed_behaviour_rules_pr_010807.html



Testimony Of Beth Haroules On Behalf Of
The New York Civil Liberties Union

Before The Office Of Vocational And Educational Services For Individuals With Disabilities Of The New York State Education Department

Concerning Proposed Regulations Relating To Aversive Behavioral Interventions


August 14, 2006

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These regulations now authorize New York State educators to subject children with disabilities to noxious, painful, or intrusive stimuli or activities intended to induce pain. Personnel would be authorized to apply ice to children's skin; to hit, kick, pinch or strangle them; to perform deep muscle squeezes; or to subject them to electric skin shock, and painful water sprays or inhalants such as ammonia. They could also withhold sleep, shelter, bedding, bathroom facilities, meals, water, or clothing from children whose behavior was inappropriate or inconvenient. They could also alter fundamental food staples, putting urine in water or Tabasco sauce on food, for example. Children could routinely be put into restraint in non-emergency situations. Children could also be confined to "time out rooms" from which they could not exit and in which they would stay unsupervised.

A wide range of safe positive methods are available which are not only more effective in managing or redirecting "problem" behaviors, but which do not inflict pain on, humiliate, or dehumanize individuals with disabilities. The practice of subjecting individuals with disabilities to what are termed "aversive interventions" to control behaviors that are associated with their disabilities is outmoded and ineffective. Aversive behavioral interventions and seclusion and restraint practices, including time out rooms, are punishment and control techniques. These techniques serve no therapeutic purpose, much less any educational purpose. They are an extremely poor substitute for staff and provision of other resources which are necessary to provide appropriate treatment and supports for persons with mental retardation. As punishment and control techniques, these behavioral "interventions" can be and often are easily abused -- as they were at the Willowbrook State School.

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The use of aversive behavioral interventions and restraint and seclusion techniques on children with cognitive and other mental disabilities is especially unacceptable given the unique functional characteristics of these persons. Behavioral programs using aversive behavioral interventions and restraint and seclusion techniques focus only on the behavior itself, and do not consider the core issues causing the perceived unacceptable behavior. Aversive behavioral interventions and restraint and seclusion techniques also ignore the neurological context of behavior, frequently targeting aspects of the disability that are not under the individual's control.

The primary characteristics which distinguish persons with mental retardation from the rest of us are limitations on their functional and intellectual capacities. These limitations vary from one individual to another and are the fundamental consideration in the design of treatment strategies and supports. Research on the function of behavior problems in persons with severe disabilities demonstrates that some behaviors may be perceived by others to be undesirable but may actually represent a response to environmental conditions and, in some cases, a lack of alternative communication skills.5 Services should include behavioral and environmental systems of supports that will enhance the person's independence and self-determination (ability to make choices). Such an approach is administratively complex. It requires an investment of time and resources including intensive staff involvement and creation of appropriate environmental supports. Because the functional capabilities of individuals with mental illness and mental retardation constantly change in response to environmental and other factors, programs of services and supports require continual reassessment and adjustment.

Much more at link:
http://www.nyclu.org/nysed_specialed_behaviour_rules_tstmny_081406.html


Sorry to post and run, be back later. I just had to get this out there when didn't find it with search.

Cross posting in disability forum.

Mods - two items, but tie together, here so felt appropriate to post 4 paragraphs from each. Please delete if mistaken belief on my part. Thanks.

[JitterbugPerfume]

1. this is scary stuff

I got to see first hand the damage such things can cause years ago when I worked at a State Hospital

It is brutal and dehumanizing

[Mnemosyne]

4. I don't understand how these type of atrocities

continue against the disabled in this country still. Rosemary stated it well in another post - "a school system institutionalizing physical punishment for kids that lack the ability to understand consequences". Says it all.

I bet they'd shock newborn puppies and kittens that peed on the floor as "training". Cretins.

[Rosemary2205]

2. This is awful even without the Willowbrook reference.

all I can say is WTF is wrong with people. You know what, I've said more than once on DU that my parents spanking me on a few occasions was the right thing to do for me but a school system institutionalizing physical punishment for kids that lack the ability to understand consequenses??

How awful........

[Mnemosyne]

3. Jesus/Buddha/Muhummed wept. And I've said more than once

WTF is wrong with people?! Couldn't agree with you more Rosemary.

I consider this a type of torture by any description. Reprehensible.

I wonder how Spitzer will address these crimes? My only problem with him is trying to cheat the Natives out of their customers for tobacco. I've never heard talk of taxing the gas on the reservations. Big tobacco and the State aren't raking in any windfalls, yet, on the reservations tobacco.