Are you the parent of a child with autism or emotional disturbance that receives special education services? Are you concerned about the use of restraint and seclusion for your child’s negative school behavior? Would you like to learn 9 things about what to include in a No consent letter? This article will discuss restraint and seclusion and things that should be included in a letter making it clear to special education personnel that they do not have your consent to this on your child.

Children with disabilities have the right to receive a free appropriate public education (FAPE). The Individuals with Disabilities Education Act (IDEA) states that school districts need to consider the use of positive behavioral supports and plans if a child’s behavior interferes with their education or the education of others; but most do not do it.

Prone restraints, which means that the child is face down has been responsible for several deaths in the US, because it restricts the child’s breathing. Seclusion can be very scary for a child causing emotional distress. Children can be left alone for long periods of time in a room and not be able to escape.

A No Consent Letter will make it clear that your school district does not have your consent, to use these techniques on your child. Below are 9 things to be included in the No Consent Letter:

Item 1: School District Name and number (if you know the number) and address. Name of the person you are sending the letter to.

Item 2: Date that the letter is sent.

Item 3: Give child’s name, birthdate, age, and school that the child is attending.

Item 4: Give the child’s disability and also state your concern about your child’s behavior, and schools response. For example: My child Alex has autism and has had many behavioral challenges over the years. Because of these challenges I am concerned that District ___ will use aversive interventions on my child. These interventions could be: restraint, seclusion, physical management, seclusionary time outs, forcible holding, dragging, use of ties and straps, slaps, deliberate humiliation, or deprivation of nutrition or exercise.

Item 5: Make it clear that you are not giving permission for any of these strategies to be used on your child. For example: This letter is to make it clear that I have not authorized or given consent to any of the above strategies being used on my child.

Item 6: Add to the letter that IDEA is clear that the appropriate way to handle behavior is by getting a functional analysis of behavior (FBA) and having a positive behavioral plan developed by a trained person. Add that you would also like to be part of the team that does the FBA and develops the positive behavioral plan.

In addition add any things that have helped your child calm down when they become upset or agitated. For Example: In the past Alex has been allowed to separate himself on a chair in the back of the classroom to calm himself down. This has been very successful in preventing outbursts.

Item 7: Add to the letter that if my child’s behavior worsens I am asking that an IEP meeting be held to discuss research based ways to handle negative behavior.

Item 8: Give the number of a person that would be able to go to the school to help in any emergency situation.

Item 9: Thank them for their attention to this matter and I would also let them know that you will be holding them accountable if they use restraint and seclusion on your child, without your permission.

You must be proactive in the matter of restraint and seclusion and your child. To hide your head in the sand could cause your child to be injured or in the worst situation killed! Your child is depending on you to protect them so that school is a safe place to learn and grow!

By: JoAnn Collins