A CALL FOR

IMMEDIATE ACTION

 

Please take a few minutes now

to make the world better

and help stop abuse

 

It is so easy to help!!!

 

Support and assist

children and youth

in New York State

 

SPEAK OUT and HELP STOP

inhumane “behavioral interventions”

on our youth!

 

You know better - and you can help!

 

TAKE ACTION TODAY

AND keep this moving

to everyone you know

 

Inhumane treatment affects all of us.

 

PLEASE RESPOND BY

Friday, August 18, 2006

 

 

 

Please help! 

 

You CAN

make a difference today.

 

It is easy.

 

Concerned citizens (stakeholders and peers) must write about 1,000 letters to impact this concern.  We can do it if YOU write a letter and get one other person to write a letter also.

 

Following are facts and sample letters to help you.

 

After you send your letter, you may (IF YOU WISH) call The Mental Patients Liberation Alliance (The Alliance) Information and Support Line at 1-800-654-7227 and have your letter counted.  You do NOT need to leave your Name!  Simply tell the person that answers that phone that you sent a letter, and YOU WILL BE COUNTED.

 

Here is a sample of a form letter that you can use.  It is BEST to compose your own, original letter… HOWEVER, it is understood that not everyone can do that easily.

 

You may print out the following letter to use OR use the helpful sample format provided later in the packet (in blue).

 

Most importantly,

SEND A LETTER TODAY!

 

August 15, 2006

 

 

 

Dr. Rebecca H. Cort

Deputy Commissioner

Office of Vocational and Educational Services for Individuals with Disabilities

Room 1606, One Commerce Plaza

Albany, New York 12234

 

Attention:  Comments – Proposed

                                    Behavioral Intervention Regulations

 

Dear Dr. Cort:

 

As a concerned resident of New York State, I oppose corporal punishment and the use of aversive behavioral interventions.  The New York State Education Department’s Emergency Regulations for Aversive Behavioral Intervention, Time-Out Room Seclusion, and Physical Restraint are appalling.  To subject our youth and children to these tortuous and barbaric procedures is a morally unacceptable violation of their human rights.  Added reporting of these abuses does nothing to eradicate them.

 

I urge you to prohibit the dangerous, forced, and cruel interventions and punishments proposed in the New York State Education Department Regarding Proposed Regulations for Aversive, Timeout Rooms, and Physical Restraints AND PROTECT OUR CHILDREN. 

 

There currently are a multitude of settings in New York State where effective and safe behavioral strategies are utilized on children considered to be “extremely difficult” that do not include torture.  Please instigate policy that utilizes these effective and safe strategies for youths and children in New York State.

 

Thank you for taking the needed time to consider my comments in this important matter.

 

Sincerely,

 

 

 

_____________________________  Signature

 

_____________________________  Name

 

_____________________________  Street Address

 

_____________________________  City, State, Zip

 

_____________________________  Phone Number (optional)

 

 

FACT SHEET

 

Proposed regulations to the Rules of the Board of the Board of Regents and the Regulations of the Commissioner of Education relating to behavioral interventions were adopted at a Board of Regents meeting in June 2006 as an emergency action, effective June 23, 2006.  The entire text is available on-line at http://www.vesid.nysed.gov/specialed/behavioral/requirements606.htm#sum

 

Ø      The proposed amendments to regulations generally “prohibit” corporal punishment [and certain behavioral interventions] and use of aversives WITH PROVISION AND PROCEDURES FOR EXCEPTIONS

 

A civilized society will not bear cruel acts upon its members.

 

Ø      EXCEPTIONS to the proposed legislation include situations without threat of IMMINENT, SERIOUS, PHYSICAL HARM, such as:

 

-         the protection of school property

 

-         to restrain or remove a pupil whose behavior is

interfering with the orderly exercise and performance of school functions

 

-         creation of a behavioral intervention plan for certain

students “whenever the student exhibits persistent behaviors that impede his or her learning…” that allows for treatments and procedures otherwise prohibited

 

Ø      Definitions from proposed amendments:

 

      Corporal Punishment: “any act of physical force

      upon a pupil for the purpose of  punishing that

      pupil

 

 

            Aversive [behavioral intervention}:

-         “application of noxious, painful, intrusive stimuli or activities intended to Induce pain such as electric skin shock, ice applications, hitting, slapping, pinching, kicking, hurling, strangling, shoving, deep muscle squeezes or other similar stimuli;

 

-         any form of noxious, painful or intrusive spray, inhalant or tastes;

 

-         withholding sleep, shelter, bedding, bathroom facilities or clothing;    

 

-         contingent food programs that include withholding meals or

            limiting essential nutrition or hydration

            or intentionally altering staple

            food or drink in order to make it

            distasteful;

 

     -     movement limitation used as a

            punishment, including but not limited to

            helmets and mechanical restraint

            devices;

 

     -      the placement of a child unsupervised or

            unobserved in a room from which the

            student cannot exit without assistance;

 

-         or other similar stimuli or actions.” 

 

Torture is wrong for EVERY person

in EVERY circumstance.

 

NOTE:  [Aversive behavioral interventions] “The term does not include such interventions as voice control, limited to loud, firm commands; time-limited ignoring of a specific behavior; token fines as part of a token economy system; brief physical prompts to interrupt or prevent a specific behavior; interventions medically necessary for the treatment or protection of a student; or similar interventions.

 

LETTER:

 

This is an example format of a letter that you may use to express your opposition to the New York State Education Department regarding the proposed AMENDMENT TO THE REGULATIONS OF THE COMMISSIONER OF EDUCATION, pursuant to Education Law sections 207, 210, 305, 4401, 4402, 4403, and 4410 [regulations for aversive, timeout rooms, and physical restraints].

 

Date

 

Dr. Rebecca H. Cort

Deputy Commissioner

Office of Vocational and Educational Services for Individuals with Disabilities

Room 1606, One Commerce Plaza

Albany, New York 12234

 

Attention:  Comments – Proposed Behavioral Intervention Regulations

 

Dear Dr. Cort:

 

State your purpose in writing the letter - Include:  “I oppose  

                        the appalling use of aversives, violence, and

                        unregulated seclusion....

Who do you represent?  Include:  Group affiliations and

                        population you represent

Why do you oppose the amendments?

Ø      Aversives, restraints, and seclusion are inhumane and violate human rights

Ø      There are safer and more effective means to engage people who are acting out that protect them and others, deescalate crisis situations, protect property, and teach acceptable behaviors conducive to learning

Added Facts:

Ø      The highest risks of injury (to staff and youth) occur when restraints are applied

Ø      Physical restraint is the use of bodily force.  The regulations do not distinguish between forced physical contact and consensual, solicited, or unintentional touch.

Ø      The reporting requirements and oversight of the proposed legislation is inadequate. 

Ø      The “exceptions” for expanded use of aversives, restraint, and seclusion are vague, arbitrary, and contradict the implied restrictions.

Ø      Aversives are torture: “intended to induce pain”

Ø      Restraint is a violent procedure

Ø      Seclusion is often traumatic to the recipient and ineffective

In conclusion:  Summarize main points; thank Dr. Cort for her

                         time and attention to this matter

Closing:  Sign letter - Include contact information: name,

                         address, and phone number (optional)

 

Email Dr. Rebecca H. Cort at vesidspe@mail.nysed.gov

 

Children and Youth are OUR responsibility!

 

Cruel and unusual punishments are human rights violations.

 

 

YOU KNOW BETTER…

 

 

YOU CAN HELP!

 

1.    Write and send your letter TODAY (email or snail mail or both!) to oppose the use of aversives, restraints, and time out rooms on the children and youth of New York State

 

2.    Contact family, friends, and neighbors;

urge them to do the same (we are all in this together).

 

3.    Learn more -  a summary of the regulations can be found at:

http://www.vesid.nysed.gov/specialed/behavioral/requirements606.htm#sum

 

more information is available at:

http://www.vesid.nysed.gov/specialed/behavioral/publichearing.htm

 

For more information from a Youth Leader, contact Stephanie Orlando,

Statewide Youth Coordinator, Families Together in New York State

At (518) 598-2467 x21 or by Email: Sorlando@ftnys.org 

 

It is appalling that the Rules of the Board of Regents and the Regulations of the Commissioner of Education would allow unconscionable acts against our children and youths.

 

Consider that any parent would be criminally prosecuted for administering the “aversive behavioral interventions” listed

in the proposed regulations…

and rightly so.

 

PLEASE take action TODAY

 

 

__._,_.___