Op, you can email Wrights law with your question, but please consult a lawyer or advocate to make sure the information is accurate.

I did CPI refresher training this spring (have been certified for 5 years) and we have been told over and over in every training again to never EVER hold someone on the floor and that this is how incidents of accidental positional asphyxia can happen. And I don't recall anything being labeled "level 3" or "assistive hold."

None of this sounds like CPI to me.

Anonymous wrote:My CPI training was a while ago, but I was not trained to pin anyone’s legs down. Maybe I only got some of the training but my assistive hold was two people -one on each side - holding arms and using it to carry to safe space. Not to pin down.

CPI trainer again.

That's a teenage/adult hold. If I remember the kid's age correctly, this kid is probably too small for that position. A younger child would be held by one adult who would be standing, with the child held in an almost standing but slightly of balance position leaning backwards against the side of the adult's body.

I'm a CPI trainer. There are no holds that are done with a person on the floor. If a person falls to the ground, unless it's a place where lying on the ground poses an immediate safety concern (e.g. in the middle of the street with oncoming traffic, or on the floor of a burning building), you disengage and back off. If they stay on the ground then they aren't hurting you, and the reason for the hold is gone. If they stand up and reengage in aggression you make the decision as to whether a hold is needed or the situation can be managed in another way.

Was either of the people with hands on your child CPI certified?

OP, have you contacted the district office about this? I've done it a few times and gotten good results. The district staff may recognize that the school is wrong and tell them to back down.

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:They are trying to cover their butts because what they did was to assault your child - hold him down in a situation where he did not need to be restrained. CPI hold or level 3 hold does not matter because the facts as you presented (your child was sitting on a rug and kicking the floor), your DS did not need to be restrained and held down on the floor.

I am the pp from the other thread who filed a state complaint, DS has ASD/ADHD who also got a FBA/BIP but in second grade. My advice is that you file a complaint with your State Department of Special Education. In DC, this can be done completely online and it is the same for most other states. Incidents like your DS's is exactly what this is for.

OP here- Our plan is to get this record updated and then I will be filing a state complaint. This whole process has gotten me terrified of how children are being treated who have more significant behavioral challenges than my son. If he wasn't so verbal I would never have realized what happened.

They gave me the district policy because I pestered, but they had never shared that before because nobody asked. They had to get the attorney to weigh in on whether they could give it to me. And htey would only give me a paper copy. So of course I am going to scan it and post it everywhere I can figure out how to.

And the documentation of restraint form isn't usually even completely filled out- I asked for a comparison of the level of detail on my form versus others. And they basically said that nobody has ever asked to see them, so they just fill in a couple of details and are done. Nobody asks to see them because no parent has seen the policy that says they can request to see them.

OK rant over- this is just so terrifying.

When I filed in DC, OSSE assigned a Case Manager who investigated the incident and they had 90 days from the time of filing to determine what happened and come up with a resolution. Instead of trying to convince the school to update the form - which they are going to drag
their feet on forever - my recommendation is that you file the complaint now. The fact they they filled out the incident form incorrectly and refuse to update it can be part of your complaint. And yes, assaulting special education students is a big deal - which is why the school wants the form to stay as is.

I agree with this, but I would make sure you have submitted your complete record in writing of your view and information about the assault prior to filing the state complaint. It sounds like you have because you got some kind off response back declining to update.

You are doing a great job documenting all conversations.

Filing the state complaint will give you the leverage necessary to get the record changed.

OP - To help other parents in the entire school district, you may want to go to the next Special Education Advisory Committee meeting in your area and share in general what happened and the need for staff training in appropriate CPI techniques, but in sharing information with parents. This is eecially true for schools which may have ED classes or other programs serving students with possible behavior challenges. Safety has to work for the student as well as peers and staff.

^Actually it may have been 60 days not 90 days. Don’t Remember for sure but there should be info on your state’s website.

Anonymous wrote:

Anonymous wrote:They are trying to cover their butts because what they did was to assault your child - hold him down in a situation where he did not need to be restrained. CPI hold or level 3 hold does not matter because the facts as you presented (your child was sitting on a rug and kicking the floor), your DS did not need to be restrained and held down on the floor.

I am the pp from the other thread who filed a state complaint, DS has ASD/ADHD who also got a FBA/BIP but in second grade. My advice is that you file a complaint with your State Department of Special Education. In DC, this can be done completely online and it is the same for most other states. Incidents like your DS's is exactly what this is for.

OP here- Our plan is to get this record updated and then I will be filing a state complaint. This whole process has gotten me terrified of how children are being treated who have more significant behavioral challenges than my son. If he wasn't so verbal I would never have realized what happened.

They gave me the district policy because I pestered, but they had never shared that before because nobody asked. They had to get the attorney to weigh in on whether they could give it to me. And htey would only give me a paper copy. So of course I am going to scan it and post it everywhere I can figure out how to.

And the documentation of restraint form isn't usually even completely filled out- I asked for a comparison of the level of detail on my form versus others. And they basically said that nobody has ever asked to see them, so they just fill in a couple of details and are done. Nobody asks to see them because no parent has seen the policy that says they can request to see them.

OK rant over- this is just so terrifying.

When I filed in DC, OSSE assigned a Case Manager who investigated the incident and they had 90 days from the time of filing to determine what happened and come up with a resolution. Instead of trying to convince the school to update the form - which they are going to drag
their feet on forever - my recommendation is that you file the complaint now. The fact they they filled out the incident form incorrectly and refuse to update it can be part of your complaint. And yes, assaulting special education students is a big deal - which is why the school wants the form to stay as is.

Anonymous wrote:They are trying to cover their butts because what they did was to assault your child - hold him down in a situation where he did not need to be restrained. CPI hold or level 3 hold does not matter because the facts as you presented (your child was sitting on a rug and kicking the floor), your DS did not need to be restrained and held down on the floor.

I am the pp from the other thread who filed a state complaint, DS has ASD/ADHD who also got a FBA/BIP but in second grade. My advice is that you file a complaint with your State Department of Special Education. In DC, this can be done completely online and it is the same for most other states. Incidents like your DS's is exactly what this is for.

OP here- Our plan is to get this record updated and then I will be filing a state complaint. This whole process has gotten me terrified of how children are being treated who have more significant behavioral challenges than my son. If he wasn't so verbal I would never have realized what happened.

They gave me the district policy because I pestered, but they had never shared that before because nobody asked. They had to get the attorney to weigh in on whether they could give it to me. And htey would only give me a paper copy. So of course I am going to scan it and post it everywhere I can figure out how to.

And the documentation of restraint form isn't usually even completely filled out- I asked for a comparison of the level of detail on my form versus others. And they basically said that nobody has ever asked to see them, so they just fill in a couple of details and are done. Nobody asks to see them because no parent has seen the policy that says they can request to see them.

OK rant over- this is just so terrifying.

Might also want to post in the school forum - either the general one or the one for your state. Lots of teachers read those forums and would have some ideas,too.

They are trying to cover their butts because what they did was to assault your child - hold him down in a situation where he did not need to be restrained. CPI hold or level 3 hold does not matter because the facts as you presented (your child was sitting on a rug and kicking the floor), your DS did not need to be restrained and held down on the floor.

I am the pp from the other thread who filed a state complaint, DS has ASD/ADHD who also got a FBA/BIP but in second grade. My advice is that you file a complaint with your State Department of Special Education. In DC, this can be done completely online and it is the same for most other states. Incidents like your DS's is exactly what this is for.

My CPI training was a while ago, but I was not trained to pin anyone’s legs down. Maybe I only got some of the training but my assistive hold was two people -one on each side - holding arms and using it to carry to safe space. Not to pin down.

I can't respond to your question, OP, but I just want to say how impressed I am with you. I know how hard what you're doing is - which makes me better able to appreciate it! Stay strong!

I am the OP of the "And so it begins" thread where my ASD/ ADHD kiddo was basically swarmed by strangers during a meltdown and pinned to the floor by the plant engineer.

http://www.dcurbanmom.com/jforum/posts/list/750345.page

We had a great IEP meeting and are doing FBA to create a BIP and the staff is all going to be CPI trained. So it felt like we were in a good place.

However, the administration is balking at correcting the documentation prepared to report the use of restraint to the state. The narrative when read without any knowledge reads like my child stood up from his desk and started assaulting staff. They rather conveniently left out all of the pertinent details about what they didn't do (de-escalate through space/ words) and also what they did do (corner him/ pin him to the floor). Although the form is titled something like "documentation of use of restraint" there was no description of the use of restraint.

At first I thought it was just that a very inexperienced AP was completing it and there was just a little CYA going on. So I requested that the narrative be amended to include a description of the antecedents/ de-escalation actions that were taken along with the details of the restraint hold and how it was used. (this information is specifically requested on the form itself,. (I was just repeating the instructions on the form- whoever made the form did a really nice job.)

She returned it to me with the following phrase added to the end of the description:
Mother requests that we add information about de-escalation actions which were:
-told child to calm down
-dimmed lights
When child continued to be violent, we performed an assistive hold to stop him from assaulting staff.

Obviously this wasn't what I was looking for. So I responded by saying that I drafted a narrative including all of the previous notes, but adding the additional information that had been provided to me verbally in the debrief meeting. I added notes about what the team described happening and also added sections in from my child's point of view and a team debrief comments section that highlighted some alternative actions that could have been taken. There were still some open questions that hadn't been answered (like how long was my child restrained and also how was he released) and I requested the team review those and add that information and we could come together for a final review to be sure everyone was comfortable with the description before we finalized it.

So I just got a call from the PSL who said that the principal is declining to update the form, but he will include my notes along with the form. She noted several times that they are saying that the hold was assistive and they usually only do this form for level 3s. This is the same PSL who encourage me to bring the advocate in her off the record call. So I feel like that is an important detail.

So I am obviously going to appeal this decision and have an in person meeting with the principal about my concerns and desire to have this form be accurate.

Can someone who is CPI- trained explain to me the difference between an assistive hold and a level 3 hold?

In the hold they are describing, my DS was sitting on the floor when a man pinned his legs with his own legs, and then my child was lying on his back with this mans legs holding his down. The AP had her hands in between the mans legs and my son's legs to be sure there wasn't too much pressure.

Any advice/ information you can provide would be really helpful. I am honestly pretty upset again and need to gather myself for another difficult discussion. CPI doesn't share a lot of details because they sell their training, which is completely fair. But I am not finding anything via Google.