Thursday, May 9, 2013


WE NEED VIRGINIA FOLKS TO CONTACT THE STATE BOARD OF EDUCATION QUICKLY ON THE PROPOSED REGS ON AVERSIVES/PRONE RESTRAINT/SECLUSION IN PRIVATE SCHOOLS. PLEASE SHARE WITH YOUR VIRGINIA AFFILIATES, COLLEAGUES, FRIENDS, ETC. THANKS VERY MUCH. There are two requests in here: a request to delay action on the regs, a request to amend the regs to protect students with disabilities. There is also info about a webinar by the Virginia Dept of Ed about the regulations.

Restraint, Seclusion and Use of Aversives: Proposed Virginia Regulations
The use of restraints, seclusion and aversions will be addressed in proposed Regulations Governing the Operation of Private Schools for Students with Disabilities. The Board of Education Needs to Hear From You About These Proposals.

The proposed regulations –

- Would allow the “application of aversive stimuli” such as introduction of foul or burning substances, deprivation of senses, and excessively loud sounds;      

Would allow restraints that impede breathing (prone restraint);

- Lacks clarity about when restraint and seclusion could be used which could result in their use in situations other than when there is imminent danger of physical injury and when less restrictive measures have failed or would be ineffective; and

- Would allow the use of restraint and seclusion for “severe property damage that may result in personal injury.”

The Virginia State Board of Education is planning to take final action on the proposed regulations during their May 23 meeting. The Board needs to hear from you now about these proposed regulations. The Virginia Coalition for Students with Disabilities is asking that Board action on the regulations be delayed until amendments to better serve and protect students are incorporated into the proposed regulations.

Please email the State Board of Education at The Board needs to know that they should not delete current regulatory requirements that protect students from harmful restraints, seclusion and aversive interventions. The Board also needs to know that you believe that action should be delayed for comment.

The proposed regulations can be viewed at Sections 8VAC20-671-640, 650 and 660 starting on page 127 are of particular interest.

On Monday, May 13, 9:00am the Virginia Department of Education will hold a Stakeholder Webinar on the proposed regulations for people with disabilities, parents and other advocates about the proposed regulations. You are welcome to join this webinar. Click the link below to join the webinar.

If you are not able to join the meeting through your computer, you can call: Toll-free: 1-866-8425779, Toll number: 1-832-4453763, Conference Code: 804 225 3252

The Coalition is drafting comment on the proposed regulation which will be available early next week.

For more information, contact the Coalition at or 757-351-1585 or 866-323-1088.

Please share this information with other advocates.