Abuse and Neglect

RESTRAINTS AND SECLUSION IN PUBLIC SCHOOLS


Congressional Hearings - Examining the Abusive and Deadly Use of Restraints and Seclusion in Schools, May 19, 2009  

GAO Report Issued May 19, 2009
 
National Disability Rights Network released shocking report on seclusion and restraint in U. S. schools -- "School is Not Supposed to Hurt: Investigative Report on Abusive Restraint and Seclusion in Schools," January 2009  

Speech by Sen. Dodd (Connecticut) discussing new report on use of seclusion and restraint in schools

Restraint & Seclusion in California Schools:  A Failing Grade
Report by the Investigations Unit of California's Protection & Advocacy, Inc., June 2007

CONCERNS ABOUT ABUSE AND DEATH IN YOUTH PROGRAMS

GAO issued report on Residential Treatment Programs: Concerns Regarding Abuse and Death in Certain Programs for Troubled Youth, October 10, 2007.

ACCESS AUTHORITY OF ODLC

State of Connecticut Office of Protection and Advocacy (HHS and DOE Amicus Brief (June 2, 2005) (PAIMI Act covers non-residential facilities; P&A Acts override FERPA)

State of Connecticut Office of Protection and Advocacy v. Hartford Board of Education, Second Circuit Court of Appeals Opinion, decided September 15, 2006

Protection and Advocacy Systems v. Freudenthal (D. Wyo. January 6, 2006)(HIPAA and Medicaid Act do not bar P&A access as long as P&A complies with access provisions of PAIMI, DD and PAIR Acts) 

Center for Legal Advocacy v. Hammons, 323 F.2d 1262 (10th Cir. 2003)(PAIMI Act preempts, or overrides, state statute barring access to peer review records) 

Oklahoma Disability Law Center, Inc. v. Dillon Family and Youth Services, 879 F.Supp. 1110 (ND Ok. 1995) (PAIMI Act preempts, or overrides, state statute barring access without court order)