DRNJ Legislative Page

Through its Legislative Committee, DRNJ monitors significant legislative and regulatory issues, providing comment and feedback to public officials and those who represent us regarding the needs of people with disabilities and the potential impact of regulations and legislation. Following are brief highlights of legislation that DRNJ is currently advocating.

Restraint and Seclusion in Schools Update

DRNJ participated in a stakeholders group convened by The New Jersey State Department of Education to review guiding principles to be used in regulating the use of restraint and seclusion in schools. DRNJ also wrote to the Department praising them for addressing this issue, but emphasizing areas of difference. We requested the inclusion of more specific definitions of types of restraints, as well as the important clarification of the term “time-out”. Moreover, DRNJ requested that the Department collect data on the use of restraint and seclusion and make the data available on their website. Currently, the State of New Jersey has no guidance, policy or regulation on the use of restraints and seclusion in schools and no definitive plan to move forward.

The New Jersey Council on Developmental Disabilities released a position paper on the use of restraint and seclusion in schools. Based upon recent national findings, and consistent with federal standards, the Council finds that the unregulated and unreported use of restrictive practices continues to pose an unacceptable risk of death, physical injury and psychological trauma to children and adults. Furthermore, the Council calls for a prohibition on the use of aversives, prone and chemical restraints and seclusion, while limiting the use of restraints to an intervention of last resort. The Council urges the State to institute reporting requirements for the use of restraints.

DRNJ Joins Complete Streets Campaign

Complete Streets is a national campaign to encourage policy makers and transportation engineers and planners to ensure that road networks are safer, more livable, and welcoming to everyone. Creating complete streets means transportation agencies must change their orientation toward building primarily for cars and ensuring that these agencies routinely design and operate the entire right of way to enable safe access for all users. Places with complete streets policies make sure their streets and roads work for drivers, transit users, pedestrians, and bicyclists, as well as for older people, children, and people with disabilities. Streets that are really complete provide all of us - not just a few - with a choice of mobility options. They allow everyone to get to work, school, and other destinations with the same level of safety and convenience, whether or not they have mobility, vision, or cognitive disabilities. They also help people who are coping with temporary disabilities, and those pushing strollers, pulling wheeled luggage, or managing large packages. Complete streets means attention to details at intersections (such as curb ramps and retimed signals to account for slower movement), along pedestrian routes (smooth sidewalks free of obstacles, with usable benches) and at transit stops (ample space to approach, wait, and board safely). More information on the national effort can be found at www.completestreets.org.

Recently, the Tri-State Transportation Campaign, a local affiliate of the national campaign, issued a press release highlighting pedestrian deaths on New Jersey’s roads. An analysis showed that most pedestrian deaths in New Jersey occurred on suburban thoroughfares with extensive retail outlets, but designed exclusively for fast-moving car traffic. The most dangerous roadway for pedestrians in New Jersey over the last three years was US 130 in Burlington County, followed by the White Horse and Black Horse Pikes in Atlantic County, US-9 and Route 549 in Ocean County, and US-1 in Middlesex and Union counties. A preliminary review of the same data suggests that the elderly and persons with disabilities are particularly at risk.

In an effort to improve the safety and accessibility of streets in the state capital, DRNJ went back into court seeking a contempt citation against the City of Trenton for its failure to meet the time table in an earlier settlement agreement for installing curb cuts throughout the city. The federal judge found the City in contempt, but allowed it additional time to complete the task. However, if the City fails to meet the new deadline, it will be fined $3,000 for every unfinished curb cut. Since each curb cut installation costs about $3,000, any fines should fund completion of the project.

National and Federal

DRNJ advocates for federal legislation benefiting people with disabilities and their families. DRNJ is a member of the National Disability Rights Network (NDRN) Legislative Committee. Below is an update of federal legislation.

Restraint and Seclusion in Schools

In January 2009, the National Disability Rights Network released a report entitled “School Is Not Supposed to Hurt.” The report detailed the use of restraint and seclusion in public schools across the country. The report garnered a great deal of attention leading to a Government Accountability Office report that confirmed the problems raised by the NDRN report. In addition, the House of Representatives’ Education Committee held a hearing on the issue leading to the development of HR 4247 (Keeping All Students Safe Act) and S 2860.

Both the House of Representatives and the Senate released bills regarding the use of restraint and seclusion in schools during the second week of December. The House bill is bi-partisan; however, Senator Dodd was unable to secure a Republican co-sponsor in the Senate. Both bills are similar except the Senate bill requires that States report to the P&As all deaths and serious injuries arising out of the use of restraints and seclusion in schools. The bills also note that P&As have access authority in schools to investigate abuse and neglect arising from the use of restraint and seclusion in schools. Both bills prohibit the use of mechanical and chemical restraints in schools as well as any restraints that restrict the airway. Restraints and seclusion would be permitted only as a last resort. In addition, it would not allow Individualized Education Programs or Behavior Intervention Plans to contain the use of restraints or seclusion. Finally, the bill requires States to conform its guidance and/or regulations to the statute within two years.

The House bill is co-sponsored by four New Jersey members, Andrews, Holt, Rothman, and Sires. A Committee mark-up was held in early February and a few amendments were made to the bill. It passed with bi-partisan support and with all three New Jersey committee members voting in favor of the bill. The bill then passed on the floor with support from 12 out of the 13 New Jersey congressmen.

There is some opposition to the bill. Right now, the school administrators are concerned about the language used in the bill, particularly insinuations that schools are murdering children through the use of restraint and seclusion. In addition, the administrators believe it is wholly appropriate for some IEPs and BIPs to contain the use of restraints and seclusion. In addition, the teachers unions (NEA, AFT) have withheld a position on the bill thus far.

In February 2010, NDRN released a follow up report detailing the slow response from States to address the issue of restraint and seclusion in schools and pressing for the need of federal minimum standards.

(1) US Ed summary of State responses on R&S now available. This is in response to Secretary Duncan's request in July. Here is the link to the report.
http://www.ed.gov/policy/seclusion/seclusion-state-summary.html

(2) The House Committee Report on the R&S bill is also available on the web. Here is that link.
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=111_cong_reports&docid=f:hr417.111.pdf

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