Students on the Autism Spectrum are Often not Safe in Public Schools
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Call to action: Write a complaint to the NMPED if your child on the autism spectrum has been repeatedly restrained. Let me know if you need help with this process.
https://webnew.ped.state.nm.us/bureaus/special-education/dispute-resolution/state-complaint/
Here is the 2021 Staff Use of Restraint and Seclusion Techniques with Students memorandum from the NM Public Education Department (NMPED).
https://webnew.ped.state.nm.us/wp-content/uploads/2021/09/Restraint_and_Seclusion_Memo_7_29_21.pdf
Parents of students on the autism spectrum express their children are not safe at school and they are fed up with the damage that many of the public schools in New Mexico are causing their children. Many public schools are not following state regulations regarding restraint and seclusion and most schools are not allowing medically necessary, school-based ABA, a critical medical treatment for student with autism, into the classroom when students are being repeatedly restrained, eloping, hurting themselves, hurting others, and being repeatedly suspended. As a result, many of these families are looking to home school combined with medically necessary home-based ABA to educate their children.
Over use of restraint (aka “a hold”) is a huge problem in New Mexico and, tragically, we are not alone. See the article below to hear what families are facing all over the US.
2021 New Mexico Statutes - Section 22-5-4.12 - Use of restraint and seclusion; techniques; requirements.
Note: Public schools must provide notice to the parent and the NMPED when restraint occurs and they must convene an IEP meeting with two weeks of two incidents of restrain within a 30 day period.
https://law.justia.com/codes/new-mexico/2021/chapter-22/article-5/section-22-5-4-12/
(Scroll down to See all BOLDED sections)
D. Schools shall establish reporting and documentation procedures to be followed when a restraint or seclusion technique has been used on a student. The procedures shall include the following provisions:
(1) a school employee shall provide the student's parent or guardian with written or oral notice on the same day that the incident occurred, unless circumstances prevent same-day notification. If the notice is not provided on the same day of the incident, notice shall be given within twenty-four hours after the incident;
(2) within a reasonable time following the incident, a school employee shall provide the student's parent or guardian with written documentation that includes information about any persons, locations or activities that may have triggered the behavior, if known, and specific information about the behavior and its precursors, the type of restraint or seclusion technique used and the duration of its use; and
(3) schools shall review strategies used to address a student's dangerous behavior if use of restraint or seclusion techniques for an individual student has occurred two or more times during any thirty-calendar-day period. The review shall include:
(a) a review of the incidents in which restraint or seclusion techniques were used and an analysis of how future incidents may be avoided, including whether the student requires a functional behavioral assessment; and
(b) a meeting of the student's individualized education program team, behavioral intervention plan team or student assistance team within two weeks of each use of restraint or seclusion after the second use within a thirty-calendar-day period to provide recommendations for avoiding future incidents requiring the use of restraint or seclusion.
E. If a school summons law enforcement instead of using a restraint or seclusion technique on a student, the school shall comply with the reporting, documentation and review procedures established pursuant to Subsection D of this section.
F. Policies regarding restraint and seclusion shall consider school district support and strategies for school employees to successfully reintegrate a student who has been restrained or secluded back into the school or classroom environment.