Pennsylvania Schools Under Heavy Scrutiny by Senate

Examiner

The Disability Rights Network and The Arc of PA have posted a survey to look for families who have had children abused in our Pennsylvania schools :

    “Senator Fontana, together with 33 co-sponsors, has introduced Senate Bill 1243 which would ensure greater protections for children who are the victims of abuse by school employees in Pennsylvania. Current PA law provides that if there is a case of suspected child abuse in which the alleged perpetrator is a school employee, there is no requirement to report that abuse unless it rises to the level of a “serious bodily injury” which is equivalent to the loss of a limb or an organ that stops functioning, sexual abuse, or sexual exploitation. ChildLine does not have responsibility for referral or initial investigation of those cases; rather it is local law enforcement that investigates and the process is entirely different from that for any other caretaker who is suspected of child abuse. The bill would delete the specific subsection that applies only to school employees and instead, include school employees in the general provisions of the Child Protective Services Law to ensure that all suspected cases of child abuse by persons responsible for a child's welfare are treated the same. The Disability Rights Network and The Arc of PA strongly support Senate Bill 1243 and are seeking family and advocate input that would help move this legislation forward.”

The legislation comes at an interesting time when the use of Restraint and Seclusion in schools is under heavy scrutiny in the U.S. Until now, Pennsylvania has taken a back seat approach to what constitutes lawful use of restraint and seclusion to children with disabilities. The law has stated that it may be used “to control acute or episodic aggressive or self-injurious behavior [and] may be used only when the student is acting in a manner as to be a clear and present danger to himself, to other students or to employees, and only when less restrictive measures and techniques have proven to be or are less effective.”

Even so, there has been little enforcement of this law. There also has been little a family can do when restraints are being misused as a form of punishment. Because the restraint laws fall under Pennsylvania Education Code, Chapter 14, Special Education Services and Programs, the only recourse a family has is a Due Process hearing in front of a state appointed hearing officer. No formal legal sanctions are ever decided in these cases and no criminal charges are ever pursued by the state.

Senate Bill 1243 could open the doors to better protections for students with disabilities in our PA Schools. If an employee is using restraint and seclusion to punish a child, this could be construed as child abuse, especially if injury occurs. Additionally, it sends a message that abuse will no longer be tolerated regardless of the abusers status or credentials within a school system.

While this bill may not protect children from psychological abuse, it may be the starting point to holding school employees as responsible as parents in ensuring our children are treated humanly in our school systems.

Federal Funding Flow to Philadelphia Schools

Philadelphia Inquirer

The School District of Philadelphia was celebrating a windfall in federal funding this week.

The Department of Labor announced Wednesday that it had awarded the district $25 million to reduce violence and improve educational outcomes at four neighborhood high schools on the state's list of "persistently dangerous" schools, based on the number of violent incidents and assaults reported over several years.

And U.S. Sens. Arlen Specter and Bob Casey announced that the Treasury Department and Department of Education had awarded the district $145.4 million in construction bonds that will help it obtain low-cost financing to upgrade and repair facilities.

"The Philadelphia School District has 320 buildings, and the average age is 63 years," said Michael J. Masch, the district's chief business officer. "We have a backlog of deferred maintenance of several billion dollars, and anything our partners can do to lower the cost of borrowing to make the repairs is welcome."

The Labor Department grants are going to Fels, Olney West, Frankford, and Edison High Schools. Each will receive $6.27 million for a range of projects including adult volunteer mentors, anti-bullying efforts, peer mediation, and alternative learning strategies.

The schools will work with the Philadelphia Workforce Investment Board and the United Way of Southeastern Pennsylvania.

"While 'persistently dangerous' is not, on its face, a positive distinction, it merits significant funding for these four high schools so that they get the resources they need to bend the curve on high dropout rates and low academic achievement," Specter said.

The district also submitted applications for three other eligible high schools - South Philadelphia, Martin Luther King, and Strawberry Mansion - but the Labor Department did not select them, said Courtney Collins-Shapiro, the district administrator who oversaw the applications.

The federal No Child Left Behind Act requires states to designate schools that are "persistently dangerous" and to allow parents to transfer their children to other schools. All 25 schools on Pennsylvania's list are in Philadelphia.