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Ensuring that the school and the family feel like they are on the same side and working together is an enduring challenge in special education. Everyone agrees that outcomes are better when parents and school system work together, but restraint and time-out often create an antagonistic relationship. Parents whose children are suffering negative consequences including the risk of death from restraint must have an option to avoid restraint when it is shown to be harmful not helpful for their child.

Schools must not restrain or put a child in time-out after receipt of a letter from a child's treating physician or psychologist indicating medical contraindications to the use of restraint or time-out. If a child with Down Syndrome, for example, has co-occurring cardiac issues, the physician can recommend against use of restraint as a medical contraindication. Children on the autism spectrum and others may be very sensitive to physical contact so restraint or being touched for "escort" may cause a severe reaction. When a child's treating physician or psychologist determines that touching the child is harmful, the school should not be allowed to touch the child to enforce time out or otherwise as a method for calming.

Update section 46.06 (05 paragraph 5) with a new sentence at the end: "Program staff shall not employ restraint and/or time-out upon receipt a letter confirming a medical contraindication from the child's treating physician or psychologist.

Section 46.03 1 (d) is unnecessary. The same restrictions and requirements for restraint will still apply and the existence of this separate agreement will not change that. It may however cause school systems to coerce parents in to agreeing to restraint and it may cause staff to believe they are allowed to use restraint outside the normal requirements. Please remove this section.