Action Alert #3: Special Education Advisory Panel Discusses Student Safety Audit

Why the Seclusion & Restraint Audit is Important

Special Education Advisory Panel (SEAP) scheduled to discuss Seclusion and Restraint Audit next week, and they need to hear from you!
On January 9th, the Louisiana Board of Elementary and Secondary Education’s (BESE) Academic Goals and Instructional Improvement Committee met to discuss the audit released last month regarding seclusion, restraint, and abuse/mistreatment of children with disabilities in public schools. Now the audit makes its way to SEAP on Wednesday, January 22nd at 9:30 AM, where the panel will discuss the audit
findings and possible recommendations to address areas of concern. (Agenda)

A few questions to consider:

• Do you feel the Louisiana Department of Education (LDOE) should provide more oversight and monitoring to schools and districts when it comes to seclusion and restraints?
• Do you feel the use of seclusion and restraint in the classrooms is underreported?
• Do you feel more consequences are needed for school teachers and staff who mistreat students and/or improperly use seclusion and restraint?
• Do you feel LDOE needs to provide better oversight and guidance to school districts regarding policies on the use and installation of cameras in classrooms?

If you answered “Yes” to any of these questions, SEAP needs to hear from you! More information about this issue can be found in the additional information section below.

How to Take Action

Attend Yellow Shirt Day and share before the panel your personal experiences, thoughts, ideas and recommendations on how to address concerns in the audit.

• WHEN: Wednesday, January 22nd at 9:30 AM
• WHERE: Claiborne Building – Thomas Jefferson Room 1-136 (1201 North Third Street, Baton Rouge, LA 70802)

Email SEAP and Co-Chair Ronnie Morris before the committee meets on Wednesday, January 22nd.

• SEAP – [email protected]
• Co-Chair Ronnie Morris – [email protected]
• When emailing your comments, please include your name, contact information, and the specific issue you are addressing (Seclusion & Restraint Audit). Don’t forget to thank the Co-Chair and panel members for supporting the needs and interests of students with intellectual and developmental disabilities (I/DD).

If you need help with this alert, attending Yellow Shirt Day, or providing testimony, contact your LaCAN Leader. The meeting will also be livestreamed here if you are unable to attend in person.

Additional Information

On December 11, 2024, the Legislative Auditor Report released an audit evaluating LDOE’s oversight of the use of seclusion and restraint for students with disabilities, as well as an evaluation of Louisiana’s laws and regulations related to abuse and neglect of students with disabilities. The report highlighted many concerns advocates have shared with LDOE and BESE over the years and clearly shows how the lack of monitoring and oversight of special education services has left students with disabilities vulnerable to abuse and neglect.

The Legislative Auditor was thorough in its review and evaluation. They:

• Interviewed and/or surveyed LDOE staff, Special Education Directors and Teachers, parents of students receiving special education services and education advocates;
• Conducted site visits of local school systems;
• Researched applicable state and federal laws and regulations and policies related to Special Education;
• Reviewed other Southern Regional Education Board states’ processes, laws and regulations;
• Researched and reviewed U. S Department of Education’s Office of Civil Rights data as it relates to restraint, seclusion, compliance reviews and guidance provided to state and local education agencies;
• Reviewed seclusion and restraint incident data from LDOE’s Special Education Reporting (eSER) database; and
• Reviewed mandatory reporting policies available on local school systems’ websites.

The audit cites multiple recommendations for LDOE, including:

• Development of a process to monitor school systems’ use of seclusion and restraint;
• Working with the legislature to obtain resources needed to effectively monitor seclusion and restraint (i.e. funding and additional staff);
• Improving processes to verify accuracy of the number of seclusion and restraint incidents;
• Developing a review process to ensure school systems’ seclusion and restraint policy align with state law;
• Ensuring all school systems’ are aware of mandated reporter laws and abuse/neglect by noncaregivers should be reported to law enforcement;
• Disclosing why teachers’ certifications were sanctioned on LDOE’s website;
• Looking at maintaining a registry of school employees who are not certified by the Board of Elementary and Secondary Education (BESE), but have abused students; and
• Reviewing schools systems’ camera policies to ensure state law is being followed.

You can view the presentation provided to the Academic Goals and Instructional Improvement Committee, which summarizes the findings and LDOE’s responses, here. You can also watch the committee’s discussion here beginning at 1:43:30. Members did share this audit provided a “roadmap” to address many issues as it relates to seclusion and restraints and requested the legislative committee discuss next steps.

Confirm Your Action

• Email your LaCAN Leader after you take action
• Why confirm your action? This helps the Council know how effective we are reaching you with important information and engaging members across our state in advocacy for systems change.

Tips & Tools for Advocacy
Looking for tips and tools to help you in your advocacy? Check out the Council’s Advocacy 101 page.
You can also find tips for:

• Writing/emailing your legislators
• Calling your legislators
• Writing your story