Mr. Chairman and Members of the
Senate Education Committee:
My name is Kate Rainbolt. This is my
son Harry. Previously, I taught high
school students with special needs in
a restricted, segregated setting.
Some of my students had lost hope in
receiving a meaningful education;
some of my students had lost interest
in learning; and, for those who had
already been incarcerated in violent
facilities both descriptions apply.
Please know that I understand the
complexities of teaching students
with significant challenges.
Currently, my most important role is that of mother to Harry. Harry is four years old and
has Down syndrome. He is in the Peer Model Pre-school program in the Olathe Unified
School District. As Harry’s mother, it is my job to be his advocate, his voice, and his
protector. I am the person who spends the most time with Harry; who knows his
personality and mannerisms the best; and, who understands the purpose of his behaviors.
My remarks are based on my understanding of the current status of the Seclusion and
Restraint Guidelines and my perspective as a new parent to the Kansas public education
system.
All children are vulnerable, but especially those with special needs. The current
regulations regarding Seclusion and Restraint in Kansas public schools are vague, lack
protection for children, create a conflict of interest, and do not acknowledge the vital,
collaborative role that parents play in the education of their children.
Harry is extremely sensitive. As his mother, I should not have to worry that if I send him to
school that seclusion and restraint tactics will be used against him merely if a teacher or
staff person perceives danger. As a parent, I need to feel secure that such tactics will only
be used against Harry if he presents an immediate threat of substantial physical injury to
himself or others. There must be a uniform standard applied in all instances so that these
tactics are not applied arbitrarily and without due cause.
As a parent, I want to understand exactly when the tactics of seclusion and restraint may be
used against Harry. I want to know that any person who attempts to use these tactics
against Harry has been trained, not that the school merely has a policy about training.
Having a policy about training without the requirement that those who employ such tactics
be trained in how to apply them is hollow and meaningless.
One of the most important clarifications that Substitute HB 2170 provides is that these
tactics should not be used for the purpose of discipline. These tactics would never work to
alter Harry’s behavior for the better. For Harry, these tactics would create fear of staff and
teachers; fear of school; and fear of learning. My expectation is that before such tactics
would be used against Harry, I would have been notified many months in advance of any
troubling behaviors. I would expect that the school staff would have documented such
behaviors, conducted a Functional Behavior Assessment, and developed a behavior plan
employing positive behavioral support strategies based on research through a qualified
team that included me.
Children with disabilities have various medical needs. These tactics should never be used
against any child for whom it is medically contraindicated. Since Harry’s birth we have
been followed by five specialties. Harry’s needs are not indicative of the needs of every
child with Down syndrome. As Harry’s mother, I want to know his teachers understand
Harry’s medical needs and how these tactics may impact his health. I want the opportunity
to advise his teachers and the staff who work with him how I think these tactics may harm
him and have this documented.
The current regulations only provide the option for parents to complain to the district.
This is unacceptable. If a teacher or staff member used these tactics against Harry
inappropriately, my only recourse (short of litigation) is to complain to the school district
that employs the person whom I believe harmed my child. The same school district that
has the incentive to minimize and rationalize the event for fear of litigation. This is one
reason that parents, specifically those parents of students with disabilities lose trust and
faith in the public school system.
Like most parents, I want to work with Harry’s teachers so that he has a successful public
school experience. I want to navigate the difficult times with his teachers and celebrate his
accomplishments with those who recognize his gifts and talents. Substitute HB 2170
provides a meaningful structure for employing Seclusion and Restraint that is based on
established laws created by many other states and the US Department of Education. Please
pass Substitute HB 2170 to protect all children, but especially those with disabilities.
Respectfully submitted,
Kate Rainbolt
16100 W 136th Terrace
Olathe, KS 66062
913.948.6564