revised staff report scdsb blocker shields june 12 2012 for june 13 2012 meeting

7/31/2019 REVISED Staff Report SCDSB Blocker Shields June 12 2012 for June 13 2012 meeting.

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REVISED REPORT NO. PRO-I-2JUNE 13, 2012_ __ __________

TO: The Chairperson and Members of theProgram Standing Committee

FROM: Superintendent of Education

SUBJECT: CONSULTATION AND REVIEW OF THE USE OF FOAM PADS(BLOCKER SHIELDS)____________________________________

1. Background

At the March 28, 2012, regular meeting of the Board, it was approved that the Boardrefer the issue identified by the SEAC motion as set out in Report No. D-3-a, SpecialEducation Advisory Committee - Time Sensitive Motion March 19, 2012, (APPENDIXA) to senior staff to review the concerns raised regarding the use of blocker shields withstudents, to consult with SEAC, parents, staff, and the Joint Health and Safety

Committee, and to seek input from community partners and to prepare a report updatingthe Program Standing Committee in June 2012.

2. Current Status

Concerns regarding the use of foam pads were first expressed in March 2012 when aphotograph taken anonymously of staff carrying the foam pads while accompanyingstudents on a regular community excursion was shared with a media member andposted to Twitter and then shortly afterwards shown at the March 19, 2012 SpecialEducation Advisory Committee Meeting.

Staff has used different forms of foam pads to support safety from time to time involvinga small number of students in a small number of schools. The vast majority of studentswith special needs, including those with autism accept responsibility for a safe learningenvironment and are held accountable for their actions. However, a very small numberof students have uncontrollable behaviours that are directly related to their diagnosedmedical, neurological or developmental condition and, in some cases, these behaviourscan present an on-going safety risk, including a risk of injury to themselves or others.

The provision of special education programs and services to students by school boardsis subject to the Ontario Human Rights Codeand the Canadian Charter of RightsandFreedoms, which protect students from discrimination on the basis of disability. TheCode requires that students with disabilities be accommodated to the point of unduehardship in the provision of educational services, such that each student must beprovided with an individualized program, that maximizes the students integration withpeers and respects the students dignity. Boards accommodate students by providingindividualized programming and instruction from qualified, trained staff, in anenvironment modified to meet the students needs.

The Occupational Health and Safety Act and Education Act require that employers(school boards) and supervisors (school principals) assess risks to safety regularly andrespond to reduce risks for all students and staff. This might require providing workers(school staff) with the training and procedures to help control the identified risks.


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REVISED REPORT NO. PRO-I-2JUNE 13, 2012_- 2 ____________

The Occupational Health and Safety Actalso requires that, where these safety risks canbe eliminated or reduced through the use or wearing of personal protective equipment(PPE), this equipment must be provided and used by staff.

Protective equipment in schools includes equipment, devices, or clothing to protect astudent or staff member from injury during the course of daily activities. It is specific to astaff members need for protection when working with particular students. Examplesinclude, but are not limited to, the following: lifting equipment for students with mobilityissues, helmets for student head protection, special sleeves and shin guards forprotection against pinching, biting, and kicking, padded vests or shields for protectionagainst punches, eye/face guards for protection from bodily fluids, padded mats toprotect a student from self-injury against walls or a staff member from hits and kicks, andhair nets for protection against grabs and pulls. Behaviour Management Systems (BMS)recently sent a survey to their key contacts in school boards asking about their use offoam protective shields. Of the 21 surveys returned, three boards confirmed that theyuse blocker shields and seven boards stated that they use some form of foam blockers

such as individual gym mats. Protective equipment allows the student to attend andbenefit from a school program.

The Simcoe County District School Board (SCDSB) has provided staff with acomprehensive range of training related to Applied Behaviour Analysis (ABA) over thepast five years (APPENDIX B). These training sessions for administrators, teachers andeducational assistants have been offered at central locations including the EducationCentre, as well as site-based Professional Development at schools. In addition, theSCDSB has partnered with Kinark to offer after-school sessions for parents and teacherson a variety of topics. In cooperation with the Mother Risk FASD Clinic at the Sick KidsHospital, a training session was offered to staff who then had the opportunity to providefeedback on their resource for educators. The Board has also provided between 20 and30 spaces for Geneva Centre training each summer for the past five years. This year,two SCDSB staff members have had proposals accepted by the Geneva Centre toprovide Summer Institute training.

In order to address issues regarding injurious behaviour, the Board has utilized theprotocol and training model developed by Behaviour Management Systems (BMS), anorganization that provides training to support school based staff and other educatorswho must address injurious behaviour exhibited by students. BMS describes the stagesof its protocol as follows:

The primary emphasis is prevention and non-physical interventions.Knowing the child, acting on early warning signs, and the effective use ofcalming and de-escalation techniques are some key strategies. Thesecondary emphasis is defensive techniques (avoidance, releases,blocks) coupled with calming and de-escalation techniques. The tertiaryemphasis is safe restraint methods (an absolute last resort rarely requiredby most staff) coupled with calming and de-escalation techniques.

When students with complex needs present with behaviours that cause a safety concerntowards themselves and others, school staff implement two sets of strategies andinterventions. The first strategy implemented is to attempt to understand the function ofthe behaviour and the second strategy used is to manage the behaviour in a way thatmaximizes safety. Strategies used to understand behaviour include tracking of behaviourusing the Functional Behaviour Analysis (FBA) approach.


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REVISED REPORT NO. PRO-I-2JUNE 13, 2012 3_____________

This attempts to highlight the triggers or antecedents and the consequences of aparticular behaviour. When the purpose of the behaviour can be identified, theenvironment and the program may be adjusted to reduce the incidence of the behaviour.For example, a FBA approach often demonstrates that a student responds well to a

routine and predictable schedule and therefore transitions within the school day arecarefully planned to reduce student anxiety and agitation. In some circumstances, it isvery difficult to either identify the conditions that may lead to a particular behaviour or tochange the environment in such a way that the behaviour is eliminated. If a studentdemonstrates escalated behaviour that can cause a risk of injury, staff typically respondby providing the student with space and allowing him/her time to de-escalate. Thisstrategy is successful in many situations. In some circumstances, with a small numberof students, this strategy is not successful, and situations result with studentsdemonstrating potentially injurious behaviour towards themselves and others.

In the SCDSB, we train staff using BMS for the management of student behaviour. TheBMS approach includes defensive techniques such as attempts to avoid or block

punches or kicks and other behaviours using their bodies. This protocol also includesthe use of physical restraints as an option when this defensive approach will not work orwhere the student behaviour is presenting other risks. The use of protective equipmentis also included in the BMS protocol. While these interventions are usually successful inmanaging the behaviour to ensure safety, some students do not respond to thisapproach for a variety of reasons.

Attempting a physical restraint can further escalate the behaviour of some students andmake such a restraint difficult and potentially unsafe. Our protocol emphasizes usingphysical restraint (only as a last resort) for a short period and then releasing. In somecases, this process needs to be continued for a long period of time, which presents therisk of injury to the student and to the staff members performing the restraint. Inaddition, we have some students whose size and strength means that physical restraintsare neither effective nor possible. With a small number of students foam pads havebeen effective as an alternative to physical restraint, by allowing the student to de-escalate while preventing self-injurious behaviour. For example, some students withcomplex needs may hit their head on the wall or floor. The pads are sometimes used tocushion a blow to the head. In other circumstances, foam pads are used to block hits,kicks, and thrown objects to keep staff and others relatively protected when the studentsbehaviour is highly escalated. As with other forms of intervention, the use of foam padsis discontinued when the injurious behaviours are eliminated or minimized.

For all students who have presented with these types of behaviours there has been ahigh level of involvement by school special education staff, central board staff, and insome cases community supports and external health professionals. There is always afocus on understanding the function of the behaviour so that the program and theenvironment can be adjusted to reduce or replace the behaviours of concern. Theprocess of collecting and analysing data through Behaviour Logs and FBAs, adjustingprograms, and working with parents and others to stabilize behaviour is on-going and allinterventions are reviewed and monitored regularly. When an intervention is no longerrequired, it is discontinued as part of the process of the review of Individual EducationPlans (IEPs) and Safety Plans.


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REVISED REPORT NO. PRO-I-2JUNE 13, 2012_- 4_____________

We have several students who have, at one time, presented with very challengingbehaviours that presented a risk of injury to themselves and others. With these students,a range of strategies and interventions have been used to reduce and to manage thesebehaviours, based upon the individual student need. We have experienced

considerable success with our approach with some students who are now meeting withgreater academic and social success in the most inclusive environment possible to meettheir needs.

3. Consultation Process

In response to the motion that Trustees ratified at the March 28, 2012 Board meeting, forsenior staff to review the concerns raised regarding the use of blocker shields, seniorstaff developed a consultation process designed to be procedurally fair and transparent.

The consultation sessions to share information on the use of protective equipment,including foam pads, to ensure safety for students and staff and to gather input, tookplace in May and the beginning of June. Information shared at the consultation sessionsincluded: Context and Objectives, Legislated Compliance and Strategies to ProtectStudents and Staff (APPENDIX C). Input gathered at consultation sessions as well asthrough submissions forwarded to Associate Director Medysky was reviewed by anadministrative team including Associate Director Medysky, Superintendent Hili,Superintendent Jeffs, Principal Gumbrell and Senior Safety Officer Quinlan.

Consultation Meeting Date

Joint Health and Safety Committee Meeting May 8, 2012

Community Stakeholders Consultation Meeting May 10, 2012

Student Senate Meeting May 15, 2012

Regional Principals Meetings May 16, 17, 18, 2012

Parent Involvement Committee Meeting May 16, 2012

Special Education Advisory Committee Consultation May 17, 2012June 4, 2012

Staff Consultation Meeting May 29, 2012

School Council Meetings May, 2012

4. Consultation Findings

As a result of the extensive consultation process, a significant amount of feedback hasbeen obtained from parents, community, agencies, staff and students. APPENDIX D(Summary of Feedback from Consultation Sessions) provides a summary of the inputreceived at consultation sessions and from written submissions. Included inAPPENDIX D are those comments and recommendations relevant to the issue ofblocker shields.


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REVISED REPORT NO. PRO-I-2JUNE 13, 2012_- 5_____________

There are several consistent themes which exist in the comments:

CommunicationIt is essential that communication regarding all aspects of a students program, including

the use of any personal protective equipment be reviewed with parents/guardiansregularly. Such aspects of a students program should be documented in Strengths andNeeds Committee (SNC) notes, IEP, and Identification Placement and ReviewCommittee (IPRC) notes as well as in individual student safety plans. The utilization ofsuch equipment is viewed as part of a students program and modifications to astudents program should not be made without parent(s)/guardian(s) consultation.

Monitoring and ReviewThe program for each individual student should be reviewed on a regular basis. The useof any personal protective equipment should be part of that review to determine thenecessity of its use.

Explore AlternativesBoard and school staff should explore alternatives to the use of personal protectiveequipment. This should include consultation with providers of equipment, other schoolboards and agencies.

Educate the PublicThe portrayal of board staff in the media has been damaging. The community should beeducated about programs which are provided by the SCDSB. The optics of the blockershields being used in the community has brought negative attention to both students andstaff.

Balance

The need to protect the dignity of all students in an inclusive environment free ofdiscrimination and any form of stigma must be balanced with the responsibility ofproviding a safe working and learning environment for staff and students.

Findings from the consultation process also include a number of suggestions orrecommendations. As will be seen further in this report, several of these have alreadybeen acted upon. Recommendations received through the consultation process includethe following:

A review of the program(s) and individual student behavior management plans isnecessary;

Involve agencies and organizations when reviewing programs; they have

expertise and are willing to assist; Consult with other school boards to determine evidence-based best practices

throughout the province; When reviewing the program include all aspects: the facility; overall physical

environment; strategies, scheduling and equipment; Determine the necessary qualifications for staff; Provide further necessary training for staff; Monitor and supervise staff with a view to developing best practices; Continue to develop further partnerships with the community.


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REVISED REPORT NO. PRO-I-2JUNE 13, 2012- 6______________

Board staff appreciate the considerable input that was received from parents, students,agencies, community members and school staff. This input will most certainly inform thenext steps in regard to this issue.

5. Next Steps

1. Continue to partner with agencies and other school boards including: BehaviourManagement Systems, Kerrys Place, members of the Simcoe County Coalition,Autism Ontario, and the Geneva Centre for Autism to examine evidence-basedbest practices and to explore alternatives to the use of personal protectiveequipment.

2. In consultation with the parent(s)/guardian(s) and supporting agency/organizationas appropriate, review all individual student programs where foam pads arecurrently in use. Ensure that the Individual Education Plans and Safety Plans for

these students are updated to reflect the use of personal protective equipmentand reviewed appropriately.

3. Advise school principals to return all personal protective equipment not in use tothe special education department by June 30, 2012.

4. Develop a protocol for personal protective equipment including foam pads as anappendix to Administrative Procedures Memorandum (APM) A1435-Management Process For Student Behaviours Causing A Risk-Of-Injury toinclude: review of notes from the Strengths and Needs Committee, IdentificationPlacement and Review Committee, the development of the Individual EducationPlan and the Safety Plan; all aspects of the current program including facilities,

physical environment, strategies, schedule, cohort of students and equipment; aswell as the monitoring and review process in consultation withparent(s)/guardian(s).

5. Continue to consult with providers of personal protective equipment to ensurethat the equipment meets the needs of the educational setting, along withdeveloping a procurement process and inventory system for personal protectiveequipment.

6. Ensure that personal protective equipment outlined in the Safety Plan and relatedto the Individual Education Plan is available for occasional staff.

7. Explore and initiate further specialized training through the Geneva Centre forAutism for all Educational Assistants assigned to the ASD County Classes andidentify a cohort of occasional teachers to receive this training.

8. Continue to review working conditions for staff assigned to ASD County Classes.


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REVISED REPORT NO. PRO-I-2JUNE 13, 2012- 7______________

9. Continue to review the current class size cap in Secondary School ASD CountyClasses.

10. Effective September 2012, the Principal of Special Education and the SeniorHealth and Safety Officer will meet monthly to review and monitor Aggressive

Incident Reports and schedule follow-up meetings with the school principal asneeded.

6. Report Status

This report is provided for information.

Respectfully submitted by:

Phyllis HiliSuperintendent of Education

Janis MedyskyAssociate Director

June 13, 2012


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REPORT NO. PRO-I-2APPENDIX AJUNE 13, 2012_______

REPORT NO. D-3-aMARCH 28, 2012____

TO: The Chairperson and Members of theSimcoe County District School Board

FROM: Superintendent of Education

SUBJECT: SPECIAL EDUCATION ADVISORY COMMITTEE TIME SENSITIVE MOTION,MARCH 19, 2012___________________________________________________

1. Background

At the Special Education Advisory Committee (SEAC) meeting of March 19, 2012, SEACmembers discussed concerns regarding the use of blocker shields with students.

Below is the time sensitive motion, which was approved by SEAC members on March 19,2012:

That the Special Education Advisory Committee Recommends that the Board cease use of allBlocker Shields with students as they negatively impact on the dignity and human rights of thestudents and create a negative social message which promotes fear and exclusion.

2. Status

At the SEAC Meeting of March 19, 2012, SEAC Members also approved the following motion:

That SEAC gives authority to Laura LaChance to present the time sensitive motion regardingthe use of Blocker Shields to the Board on March 28, 2012.

RECOMMENDATION

That the Board approve that the Board cease use of all Blocker Shields with students as theynegatively impact on the dignity and human rights of the students and create a negative socialmessage which promotes fear and exclusion, as set out in Report No. D-3-a, Special EducationAdvisory Committee Time Sensitive Motion, March 19, 2012, dated March 28, 2012.

Respectfully submitted by:

Phyllis HiliSuperintendent of Education

Approved for submission by:

Kathryn WallaceDirector of Education

March 28, 2012


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REPORT NO. PRO-I-2APPENDIX BJUNE 13, 2012_______

2010-2011 Professional Development/Training Sessions Focused on and Supportingthe Application of Applied Behaviour Analysis (ABA)

Functional Behaviour Analysis (FBA) Comprehensive Autism Planning System (CAPS) Reinforcement Data Collection Interactive Tool for Improving Individual Education Plans (IEPs) Social Skills Prompting ABA and the IEP Tools for Self Regulation Increasing Visual Supports Ziggurat Model: Planning Comprehensive Behavioural Interventions for Individuals with Autism

Spectrum Disorders Transitions Planning Inventory Programming for Students in Elementary and Secondary County Classes Professional Collaboration Sites (Demonstration Classrooms) Autism Spectrum Disorders The IEP and the Student with an Autism Spectrum Disorder (ASD) The IEP and The Secondary School Student in the Regular Classroom Secondary Learning Centre Professional Development for Teachers Data Collection and Analysis Kinark/SCDSB After School Parent and Educators Policy/Program Memorandum 140 ( PPM

140) Sessionso Organizational Strategies for Students with ASDo

Positive Behaviour Supportso Understanding Anxiety and ASDo Using Social Stories, Social Scripts & Narrativeso Facilitating Successful Transitionso Understanding Sensory Issues & ASDo Stressors, Strategies and Using the 5 point scaleo Strategies for Promoting Independence


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May, 2012

REPORT NO. PRO-I-2

APPENDIX C 1-29

JUNE 13, 2012 ______


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Purpose of ConsultationBoard Motion:That the Board refer the issue identified by the SEAC motion as setout in Report No. D-3-a, Special Education Advisory Committee Time Sensitive Motion March 19, 2012, to senior staff to reviewthe concerns raised regarding the use of blocker shields withstudents, to consult with SEAC, parents, staff, and the Joint Healthand Safety Committee, and to seek input from community partnersand to prepare a report updating the Program Standing Committeein June 2012.

Administrative Panel Members: Janis Medysky, Phyllis Hili, PeterGumbrell, Brian Jeffs, David Quinlan

Report to SCDSB Program Committee June 13, 2012


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Agenda

Welcome Provincial Perspective

Legislated Compliance

Strategies to Protect Students and Staff

Comments and Questions

Options and Alternatives Closing Remarks and Next Steps


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Context

Boards have a duty to accommodate students with allabilities.

The use of Personal Protective Equipment is anaccommodation that allows a student to continue in aprogram.

Respect for the dignity of the student should always bepart of the consideration.

Accommodations are part of an IEP that involves aprocess with the parents/guardians of the student


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Provincial Perspective ( BMS )

Behaviour Management Systems Training

PERSONAL PROTECTIVE EQUIPMENT

Use of personal protective equipment (PPE) isrequired by school staff when working with

students with special needs who present anongoing risk of injury to self or others.


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What Is Protective Equipment?

PPE used in schools includes equipment, devices or clothing toprotect a student or staff member from injuryduring thecourse of daily activities. PPE is specific to individual studentbehaviour and staff need for protection. Examples include thefollowing: lifting equipment for students with mobilityissues, safety harness for bus transportation, helmet forstudent head protection, special sleeves and shin guardsfor protection against pinching, biting and kicking, padded

vest or shields for protection against punches, eye/faceprotection for bodily fluids, padded mats to protect the studentfrom self-injury against walls, hair nets for protection againstgrabs and pulls, etc.

The use of PPE allows the student to attend and benefitfrom a school program.


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Personal Protective Equipment

The Need The vast majority of students, including some with

special needs, including those with autism, acceptresponsibility for a safe learning environment and takeaccountability for their actions.

However, a very small number of these students

have uncontrollable behaviours that are directlyrelated to their diagnosed medical, neurological ordevelopmental condition and, in some cases, thesebehaviours may present an ongoing safety riskincluding a risk of injury to themselves (or others).


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Legislative Requirements

The OHSA requires that employers (school boards)and supervisors (school principals) assess these safetyrisks on an ongoing basis and provide workers (schoolstaff ) with the measures and procedures to control theidentified risks

The OHSA also requires that, where these safety risks

can be eliminated or reduced through the use ofpersonal protective equipment, this equipment mustbe provided and used by staff


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Determining the Need for PPE

The safety needs of students, including the use of PPE,are often identified at the Identification, Placementand Review Committee (IPRC) meeting along withacademic and social needs and recommendations tomeet these needs are made to the principal

The principal ensures that an Individual Education

Plan (IEP) detailing interventions and PPE, and wherenecessary an emergency Safety Plan, is developed andimplemented by staff to meet these needs


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Determining the Need for PPE

Parents are involved in the IPRC process and thedevelopment of the IEP

If the IPRC has not identified a specific PPE and theneed subsequently becomes apparent, the principal, inconsultation with the parents and appropriateprofessionals (e.g., occupational therapists,

psychologists) has a duty to provide the equipment


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Legal Framework for the Provision of Special

Education Programs and Services Pursuant to section 170(1)(7) of the Education Act,1 school boards in

Ontario are required to provide programs and services for their exceptionalpupils in accordance with the Education Act and regulations. In additionto regulations, the Ministry of Education has also issued specific ProgramPolicy Memoranda and Standards to provide guidance to school boards

with respect to the provision of special education programs and services.

The provision of special education programs and services to students byschool boards is also subject to the Ontario Human Rights Code,2 and theCanadian Charter of Rights and Freedoms,3 which protect students fromdiscrimination on the basis of disability.

The Code requires that students with disabilities be accommodated in theprovision of educational services, such that each student must be provided

with an individualized program that maximizes the students integrationwith peers and respects the students dignity.


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Legal References

Education Act, s.1 [definitions]; ss.8(3) [Ministers duties];s.56 [appeals to the Ontario Special Education Tribunal],ss.170(1)7 [special education programs and services].

Ont. Reg.296, Ontario Schools for the Blind and the Deaf

Ont. Reg. 298, Operation of Schools General

Ont. Reg. 306, Special Education Programs and Services

Ont. Reg. 464/97, Special Education Advisory Committees

Ont. Reg. 181/98, Identification, Placement of ExceptionalPupils


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Legal References

Policy/Program Memoranda (PPMs): PPM 1 advises that the Provincial Schools for the blind anddeaf are mandated to provide appropriate services toschool boards.

PPM 8 concerns provisions for the education for studentswith learning disabilities.

PPM 11 concerns the requirement for early identification ofchildrens learning needs.

PPM 59concerns psychological testing and assessment ofstudents.

PPM 76Cconcerns alternative educational programs andservices for deaf, blind and deaf-blind exceptional pupils.


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Legal References PPM 81 concerns the provision of health support services in

school settings. This memorandum has been

supplemented by two other documents: Interministerial Guidelines for the Provision of Speech and

Language Services A Model for the Provision of Speech and Language Services

PPM 85 concerns education programs for pupils ingovernment-approved care and/or treatment facilities.

PPM 127 concerns the Ontario Secondary School Literacy

Test and the Ontario Secondary School Literacy Course inEnglish-Language secondary schools accommodations,deferrals and exemptions. It also addresses theaccommodations for students with special needs.

PPM 140 Incorporating methods of Applied BehaviourAnalysis (ABA) into programs for students with AutismSpectrum Disorders (ASD)
http://www.edu.gov.on.ca/extra/eng/ppm/model.htmlhttp://www.edu.gov.on.ca/extra/eng/ppm/model.html


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Legal References Individual Education Plans: Standards for Development, Program

Planning and Implementation, 2000

Standards for School Boards Special Education Plans

Human Rights Code, s.1,

Ontario Human Rights Commission, Guidelines on AccessibleEducation, 2004 revised 2008.

Canadian Charter of Rights and Freedoms, s.15

_______________________

1 R.S.O. 1990, c.E.2

2 R.S.O. 1990, c. H.19

3 Part I, Constitution Act, 1982, Sch. B to the Canada Act, 1982, (U.K.) 1982, c.11


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Occupational Health and Safety

Act, R.S.O.

Duties of Supervisor - Section 27A supervisor shall ensure that a worker, Works in the manner and with the protective devices, measures and

procedures required by this Act and regulations; and Uses or wears the equipment, protective devices or clothing that the workers

employer requires to be used or worn

Without limiting the duty imposed by subsection (1), a supervisor shall, Advise a worker of the existence of any potential or actual danger to the health

or safety of the worker of which the supervisor is aware Where so prescribed, provide a worker with written instructions as to the

measures and procedures to be taken for the protection of the worker; and Take every precaution reasonable in the circumstances for the protection of a

worker


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Duties of Workers - Section 28

A worker shall,

Work in compliance with the provisions of this Act and theregulations

Use or wear the equipment, protective devices or clothing that theworkers employer requires to be used or worn

Report to his or her employer or supervisor the absence of or defectin any equipment or protective device of which the worker is awareand which may endanger himself, herself or another worker; and

Report to his or her employer or supervisor any contravention ofthis Act or the regulations or the existence of any hazard of whichhe or she knows


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No worker shall,

Remove or make ineffective any protective devicerequired by the regulations or by his or heremployer, without providing an adequate

temporary protective device and when the need forremoving or making ineffective the protectivedevice has ceased, the protective device shall bereplaced immediately


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Workplace violence means

The exercise of physical force by a person against a worker,in a workplace, that causes or could cause physical injury tothe worker,

An attempt to exercise physical force against a worker, in aworkplace that could cause physical injury to the worker,

A statement or behavior that it is reasonable for a worker tointerpret as a threat to exercise physical force against theworker, in a workplace that could cause physical injury tothe worker


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Right to Refuse or to Stop Work WhereHealth or Safety in Danger - Section 43

A worker may refuse to work or do particular work where he or she hasreason to believe that, Any equipment, machine, device or thing the worker is to use or

operate is likely to endanger himself, herself or another worker The physical condition of the workplace or the part thereof in which

he or she works or is to work is likely to endanger himself or herself; or Any equipment, machine, device or thing he or she is to use or operate

or the physical condition of the workplace or the part thereof in whichhe or she works or is to work is in contravention of this Act or theregulations and such contravention is likely to endanger himself,herself or another worker.


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R.R.O. 1990 Regulation 857Teachers

Part V (Right to Refuse or to Stop Work where Healthor Safety in Danger) does not apply to a teacher wherethe circumstances are such that the life, health orsafety of a pupil is in imminent jeopardy.


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The Need to Protect Students

and OthersTwo sets of processes for challenging behaviour

Attempt to understand the function of the behaviour

Management of behaviour in a way that maximizessafety


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Functional Behaviour Analysis approach: Understandbehaviour in context

Antecedents

Consequences Modifications to program/environment

Understanding Behaviour and

Planning for Success


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When There is a Risk of Injury

De-escalation strategies

Provide space

Provide time

E.g. safe spot, minimal instructions

Successful in majority of situations


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Appropriate Interventions

Behaviour Management Systems protocol

Blocking of punches, kicks

Strategies for bites, hair pulls

Use of personal protective equipment

Physical containments, or restraints Small person containment

Large person containment


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Use of Foam Pads in our

Schools Physical restraints not successful for some students

Escalate further when touched

Size of student

Foam pads used To reduce injury from self-injurious behaviour

Protect staff and others


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Regular Evaluation and

Monitoring of Strategies Collaboration between school staff, central staff,

agencies, parents and others

All interventions reviewed and monitored regularly

Interventions discontinued when no longer required


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Effectiveness of Interventions

Many examples of successful strategies andinterventions leading to greater integration andimproved outcomes.


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Next Steps


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Page 1 of 11

REPORT NO. PRO-I-2APPENDIX D 1-11JUNE 13, 2012_______

SUMMARY OF FEEDBACK FROM CONSULTATION SESSIONS

Joint Health and Safety Committee Consultation May 8, 2012

What will the board do to replace blockers? Contact other boards who are using blockers

Is the issue that they are red? One EA has made a cover for the blocker Look at class size caps

Competing legislation Need a balanced approach How often are children taken on outings? Has the document Safe Employees and Safety Students been reviewed? In the new year, staff will be new they will need training OHSA does not allow for mitigating circumstances Should public be aware of statistics of how many staff have been injured? Perhaps discuss the equipment with companies who make it Need to provide the context of why PPE is used

Public Consultation Session May 10, 2012

Make use of the IPRC process Develop a shared county-wide process Involve agencies (New Path, Autism Ontario) Need input/consultation from parents The pads are degrading Rights of child denied More consultation is required Hope Character Education Traits are not just words Dont accept path of least resistance Heavily slanted toward health and safety

Need to consider evidence EAs who have least amount of training having to deal with highly difficult situations Blockers are quite stigmatizing Blockers are not accommodations; they are restraining devices Blockers are an admittance of failure By calling them equipment, the board gets around notifying parents they are in use Staff require utmost training


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Page 2 of 11

Student Senate Consultation May 15, 2012

All over padding less visible Tell the community how they are actually being used Before the pads are banned, there should be an alternative Visually this could set the student off

Restrict the pads to indoors Need to educate the public Track incidents Use something more discrete like a backpack Modify foam pads smaller or visually less overbearing

Parent Involvement Committee Consultation May 16, 2012

Can see where foam pads are needed to protect child, situation and other children in thevicinity

Foam worked special needs children are very powerful Person on receiving end needs to feel safe Only used as a last resort Part of inclusiveness strategy Consultation is reducing stigma- educating parents Board has obligation to accommodate students and keep everyone safe Board must ensure regular students are safe and secure Education is required Not using blocker pads could lead to potential lawsuits Feel upset if my child hurt someone else Can see where they (parents of special needs students) are coming from advocating

for their child Board has to protect privacy over students and support staff who are injured Very complicated issue Board being transparent is great

SEAC Consultation May 17, 2012 and June 4, 2012

All staff should receive BMS training What type of training is being done at Teachers College? If staff want equipment of a certain type, is it provided? Need for more knowing/understanding/sensitivity

Need messaging keynote speaker on PA day Who makes decisions around PPE? Need for equipment for outside of classroom also Should staff wear helmets to prevent a concussion? Have heard the word stigmatizing a lot Would Ministry support additional equipment? Red colour is bizarre What are other boards using?


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Page 3 of 11

Where does the PPE come from? Is PPE mentioned in the Special Education Report? (consultation) Problem is with cut-backs Not fair for class to be evacuated and de-briefed EAs need to be in many places at once

Use or abuse of foam pads has been drastically exaggerated

Further training and education for all teachers and support staff Provide an historical overview of how our province has dealt with disabled people

closing institutions and integrating into community Teachers College have done inadequate job all staff need FMS, FBA, ABA, IBI,

Ziggurat training Support staff should be assigned according to their unique strengths

Best practices and success stories should be used also those from agencies Regular case conference with school officials and involved agencies How was the decision made to first use blocker shields? There must be evidence-based assessment and data informing the decision to use any

equipment

There must be explicit training and supervision of staff by ABA trained individuals The determination of PPE should involve all parties in consultation To date there are families who have not been advised or involved in consultation around

the use of PPE The blocker shields will make inclusion an impossibility The community must support inclusion Parents have asked that certain equipment be removed and it hasnt been removed.

Regional Principals Consultation May 16, 17, 18, 2012

Communication with the parents throughout the process Would be in an IEP and signed by parents if using protective equipment Many classrooms are not air conditioned and those vests are very heavy and hot Heat also triggers student behaviour Hands off policy at the school Would not want anyone to get hurt Has been spit on, kicked and still has a problem with the blockers Specific training for the use of blockers It is the very last resort I hope that they are allowed to use the blockers In danger of losing EAs if they are not protected We are not going to let anyone get hurt

Received a call from potential parent and they asked if our school is using the blockerpads

BMS training refers to personal protective equipment that you must purchase Some shields are not bright red and shiny others can be like a soft pillow and is a

better look Sometimes their staff wishes they had them (pads) to protect them from out-of-control

students At time of IPRC administrators dont always know if the equipment is needed


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Now that staff is aware of the pads, they would like to use them Believe that in the right place with the right programming, it can be successful At present the use doesnt appear in the IEP The use of a gym mat may be considered as a substitute to the foam pad A principal can sometimes feel that they are being railroaded when a JHSC inspection is

being done Consider having someone with system knowledge/perspective be part of those county

class inspections Principals hearing from JHS committee members that foam pads are used They should consider using them or may be faced with work refusals Consistency is a concern because at times admin feels backed into corner if they dont

move forward with recommendations knowing that JHS committee has already spokenwith staff

Training with regular classroom staff members even the whole school because it is ateam thing

Have received a lot of good strategies open consultation/communication with parents There are also strategies that parents provide that schools cant use

Staff Consultation Session May 29, 2012

1300 SIBs this year at Barrie North since beginning of program there have been 8300SIBs (Self Injurious Behaviours)

Look at having one or two students at a school Other students suffer Blockers have helped protect from about 50% more injuries

People in the community have been accepting/welcoming

Communication is primary issue Portrayal that these devices are for the purpose of herding and restraining is inaccurate

and insulting, bordering on libelous Public have been offered a tainted view People injured and property damaged Dont let political correctness cloud the issue You never see the near misses Comes a point you can no longer provide accommodation for these students Need a creative solution This is no longer just a secondary school issue Concerned with shift in language blocker shields to PPE Need a separate model of staffing of county classes Need better screening process for staff

Staff unprepared for physical and emotional stressors High burn-out rate in this area of work Offer very specific training for county classes Keep discussion of blockers and other PPE separate Is the placement correct for students? Why are teachers becoming behaviour specialists? Need to have trained behaviour specialists If tools are taken away, cant do our job


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We chose this profession because we are nurturing and want to help the mostvulnerable children

EAs consider their safety last put safety of students before theirs Many reactions trigger reactions from students SCDSB could be leader in the province Look at physical space can we design space when schools are being built or retrofit

state-of-the-art Look at partnerships with industry, universities Is there an overall vision for ASD? No intent to hide or be discrete How is dignity measured? Other methods of PPE are okay how did blockers go beyond the tipping point?

School Council Responses (17 responses)

Want children to feel safe and secure

Every child has a right to an education Support use of 3 techniques: IEP, assistive devices and specialized safety equipment Need a policy to include: permission to use equipment when required; parent/guardian

informed; staff trained; consent from parent/guardian; notification to parent/guardianwhen equipment used; any changes to equipment and parent is informed

Support the use of PPE Foam blockers have been highly effective on several occasions SC does not perceive foam pads as undignified but as a safety measure and last resort Additional communication and education on the use of PPE between parents, students

and staff Discussion with other school boards Provision of special ed. services should be consistent Commit to enhanced training for staff Mandatory communication training Partner with CTN/Bloorview to provide non-verbal children with voice output and

mandate board policy for Augmentative Communication plans for children ABA training implementation Provide psych ed. assessments Better allocation of special ed. resources Ministry of Education increase EA allocations Regarding the blockers in the news maybe students are not ready to be making field

trips into the community Need to have adequate physical environment

Parents concerned about safety of their children when students with high needs are intheir schools Fear on part of students and parents Communication is key hard to communicate without breaking confidentiality Additional education to parents and community from board prior to media attention

would have been beneficial It is being used in a very responsible, accountable manner

Needs to be monitored


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Blocker pads dont decrease the social interactions more likely that their behaviourwould do that

Ensure transparency Colour may be a problem Educate the public If parents and board staff cannot agree, then the childs return or entry must be delayed More options for modifying attendance of a student who is deemed to be a safety risk More options to provide safety and retain dignity and respect Easy to jump to the wrong conclusion portrayal of PPE without appropriate context can

lead to wrong impression Balance needs and rights of students and staff

Parents must consent to the intervention

The students right to psychological and social dignity Unfortunate we are putting staff in this position Emphasis must be given to support staff and principals implementing these policies Have regular review of behaviour and equipment SCDSB consult informed parties that can provide expertise

Begin consultation with SEAC Consult other boards Have a wide range of resources Intent to use PPE is mindful to keep student safe, dignity intact and to support staff to

return home after work healthy and not injured Some children require alternate means As students change, grow, develop, we need to continually reflect Clear defusing steps must be taken prior to use

Public awareness of the utility and benefit must be considered

Attention should be paid to the proper classification of blockers not classroom supplies Two members of staff are present in the room Use of video camera if parents are concerned Single school location Board communicate success with students as opposed to negative tone in media

Agency Responses

New Path

Integration Action for Inclusion in Education and Community Ontario

Learning Disabilities Association of Simcoe County

Simcoe Community Services

Catulpa Community Support Services

Autism Ontario

Canadian Down Syndrome Society


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Believe in community inclusion In support of SEAC recommendation Share SEAC concerns: no parental knowledge, no SEAC knowledge, not in IEPs, not

prescribed by health care practitioners, no guidelines/rules/policies Intervention is unacceptable and degrading for students Concerned about message it gives to other students Utilize NVCI There are effective approaches in this field Individualization Need a county-wide process to share our collective knowledge about de-escalation

strategies and the emerging evidence base of effective, least intrusive approaches toensuring safety of student and staff

Blocker may serve as an unintentional cue for staff and students to default to thatparticular intervention rather than less intrusive methods

Use is a discriminatory practice Sends a message that individuals are violent and uncontrollable It will threaten opportunities for inclusion

Children should all grow up together to learn about diversity and to build friendships andunderstanding of each other

Assumptions, prejudices are learned through negative modeling and blocker shields aresuch a thing

Do not maintain a position on the use of blocker shields Expects that the board will follow regulations governing SEAC processes when

considering changes to board policies, procedures or staff delivered strategies that affectthe delivery of SE

Supports a collaborative and transparent process Had an immediate emotional impact Shields are a symptom of a more serious issue which is about effective education for

students with ASD and the quality of supports in a safe environment for all Require key decision making processes to be in place for determining the development

and implementation of IPRCs, IEPs, Behaviour and Safety plans in collaboration withparents and professionals

Evidence based assessment and data that informs those choices that are least intrusiveand most effective in an educational setting

FBA by trained professionals under the supervision of other trained professionals in ABAand ASD

EAs with least amount of training are placed in a position to provide the most directsupport for the most demanding students need explicit training for EAs and directsupervision by staff with strong behaviour credentials (board staff with certifiedbehaviour analyst credentials) to be readily available in conjunction with assessmentsand supports by trained teachers, speech language pathologists, psychologists, OTs

and other community supports such as psychiatrists Stigma placed on students with ASD Presence of shields could become the very prompt to a student to exhibit the challenging

behaviour that staff are trying to avoid Best practices research on the use of Positive Behaviour Supports (Dr. Robert Horner)

Autism Ontario eager to assist


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Public Input

Parents 11Community 5Student -1

Parents

Objects to any SCDSB measure that calls for the use of blocker shields for any student

deemed to constitute physical threat to staff, self or others without full consideration of:

range of behavioural interventions available legislative requirements unique circumstances involving staff and student

Needs to be balanced Evidence-based research and appropriate documentation Last resort

IPRC meetings and IPRC process to be used to determine accommodations and safetyplans

OHSA does not mention PPE (in workplace violence section) What about safe schools, code of conduct, character ed? Apologize to all for lack of transparency and thoughtfulness Assess risks associated with the teacher and the children Determine range of interventions possible Partnerships with community agencies Should have notified parents Could actually be creating behaviour that staff would like to eliminate Need sufficient training Evidenced-based ABA training Adequate communication and devices and supports from the day they begin in all-day

kindergarten Best approach is to remain calm Other students traumatized Calls unkind attention to a child with special needs in distress Awareness of autism is the most important method Imperative to share all information with respect to child They are intimidating and they segregate Cause fearful reactions in other children when they see them being used Knowledge is the best defense Right to be treated with dignity

Screen individuals for employment Education and certification Child with communicative disorder relies on their EA to speak for them Need consultation with outside agencies and medical Not one solution for all situations NVCI Behaviours are a form of communication These tools frighten these students create fear


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In the best interest of staff and classroom I applaud them being used when needed Would love to have one of those blockers at home We can call the police and have them removed- then it is not teaching them how to

communicate If staff injured that means a day off and the day will be rougher as students can only

function with stability - student does not like transition/needs staff Keep student from injuring himself due to violent outburst Student understands concept of red and green red means student not ready to be

around others Other students assaulted Why are they taking outings if they pose a threat? do they pose a risk to passers-by?

Community

Advocate for workers Mentally ill not responsible for their actions Ideas only work in some cases

Use of blockers not explained well Has brought attention to learning to communicate with others Get small businesses involved to allow students to work with them for half-day every

week Work is parenting of life and teaching of life for all Equipment helps to ensure helmets are one type Consider neuroplastic LD program ie. Arrowsmith Foam pads create distance and allow staff to redirect Providing a relatively safe environment in schools for students who rarely interact with

other students and who might harm others is highly important in the public system Brightly coloured foam pads give other students a clear visual cue that caution is needed Could be the reason that other students didnt press charges

Students

Anyone who uses force to get me to do something I dont like Form of bigotry They are causing the students life to be miserable They (pads) would be compromising safety

Staff Individual Submissions

Would not want to be denied access to PPE People in community who have no experience with this issue should not be the ones

who influence the direction that the board will take re. PPE (blockers) if no longer available the board will lose many good EAs due to

injury If student cannot go in community without an outburst, they need not be taking walks Protective equipment is not used casually or lightly it is used when necessary Surprised that parents unaware of safety equipment used in the classrooms


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Program may need to be changed altogether to avoid minimal transition of routineincluding academics or isolating student altogether which may decrease aggressivebehaviour

Children with autism need continuity to promote level of independence Not all schools in our area use this device, but could have been used in certain

situations Does anyone actually read forms we send in when we are hit by students? Helmets protect students blockers protect both staff and students Putting expectations on students can be stressful to them and behaviours are inevitable Our goal is inclusion without fear Hope that parents would want to work with us for the common good and not against us Hope our government would take time to educate themselves instead of slandering good

people Create a large sensory room Have a large SMART board embedded in the wall Install a very large television and a video device safely Take students swimming as often as possible

Encourage fun and safe activities as much as possible Search for safe solutions so all students can learn basic computer skills A journal between parents and staff each day EAs may feel better if they were rotated in the general school population two days out of

five Parents could volunteer Equipment does not look pretty when dealing with child but is necessary for staff

protection Students do enjoy outings as they break up the day.if parents want children to go on

outings then they also should be worried about safety Red is a colour of warning but the colour on the pads could be changed to a more muted

colour Staff and students see the red and know to be cautious.this does not mean they

(pads) demean the students Regular students volunteer with these and other challenged students here and in the

community The pads are up if the EAs know the student is having a difficult time Images of students being escorted by people with large protective blocker pads is not

one I see as appropriate on a city sidewalk Many students have unpredictable behaviour and can escalate in a matter of seconds Challenge is to use a traditional classroom and limited space to adapt it to provide the

programs which are necessary Most challenges occur during times of academic task demand and reduced sensory

provisions Need for EA support during staff breaks Forced student enrollment cap in the ASD classroom would improve the function and

safety Problem with finding willing supply teachers and EAs Staff no longer consider risk of injury; they consider likelihood or severity of the injury Due to media misrepresentation of pads, the program has had to remove afternoon

outings they were the most successful part of the program


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Some students may be used to having a physical restraint when they do not comply withhome staff/guardian as a result the student has learned that they need to fight atschool to win an argument

Need consistency with methods used at home and reducing the conditioning of usingaggression as a means of coping and communication

Issue of PPE for contract staff only Wearing PPE is very hot install climate control Media/parent debate about use of foam pads has created a significant stress Since use of foam pads there has been a significant reduction in the use of BMS

physical containments Programs should be developed to allow students to have more choice and input and to

access different activities and services which they may need and prefer Review environmental conditions in the classroom Ideal environment would be a separate school or wing of a school which is built to

provide for needs to provide student independence and freedom to walk the halls andaccess activities without risking the safety of other students and staff at the school

Continue to explore IPad and IPod technology

Some of our students communicate that they dont like to be at school Students do not learn well when they are not calm Rotation of A/B days Consider alternative spaces and number of students Regular scheduled meeting with staff Have experienced anxiety and sleep deprivation due to events Need to be educated in different methods of programming to reach different types of

learners Pads only used when students are aggressive Without the blockers there will be no integration

revised staff report scdsb blocker shields june 12 2012 for june 13 2012 meeting

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