[MF-NYS-NEWS] NY State alert: stop psychiatric abuse of youth
David Oaks/MindFreedom
oaks at mindfreedom.org
Tue Aug 15 21:32:15 CDT 2006
Hi MindFreedom-NYState-News list:
BELOW is a forwarded alert from MindFreedom members Jim Rye, please
forward, for more info use the contact info provided:
~~~~~~~
From: JJRYEJJRYE at aol.com
Subject: !!!! ACTION ALERT !!!! ACT TODAY!!!!
Date: August 15, 2006 11:38:04 AM PDT
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_
(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 at 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_
(http://www.vesid.nysed.gov/specialed/behavioral/
requirements606.htm#sum)
more information is available at:
_http://www.vesid.nysed.gov/specialed/behavioral/publichearing.htm_
(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 at ftnys.org_
(mailto:Sorlando at 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
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