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Alexia Parks

Alexia Parks

Posted: February 4, 2010 12:54 PM

How HR 4247 Could Affect Your Child

What's Your Reaction:

While most countries of the world have passed laws against child abuse and child torture, and signed onto the United Nations Convention on the Rights of the Child (1989), three countries have not. These include the United States, Somalia, and China.

Over the past 20 years, America's youth have been caught in a Dark Age between Parental Rights and the Age of Majority. They have no UN Convention and no Geneva Convention to protect them. So what is our government doing about this?

In recent months, the government has taken steps to protect America's youth from child abuse. Prompted by an investigation by the U.S. Government Accountability Office (GAO) which found hundreds of allegations that children have been abused, and some even died as a result of misuses of restrain and seclusion, Rep. George Miller (D-CA), Chairman of the House Education and Labor Committee is championing two bills through Congress.

Two cases reported by the GAO are revealing. In one case a Florida teacher's aide gagged and duct-taped children as young as 6 for misbehaving. In Texas, a 14-year-old who refused to stay seated in class died after a 230 pound teacher lay on top of him, as a means of restraint. The GAO reported that in Texas alone, more than 4,200 students were restrained nearly 19,000 times during the 2007-08 school year.

Miller seeks to put an end to this abuse. The first and well-titled: HR 911, focuses on preventing child abuse in residential treatment programs for teens. Many of these programs -- also referred to as "boarding schools" or "snakepit" schools -- are parent funded. Children are routinely "disappeared" into these behavior changing schools by anxious, worried parents who worry about their behavior. Some are court-ordered. HR 911 now awaiting action in the Senate, will protect them.

The second bill, HR 4274, seeks to stop another area of child abuse that more closely resembles child torture. It seeks to prevent harmful restrain and seclusion in public and private schools and is going through markup in Rep. Miller's committee today.

Together these bills represent the first national effort, says Miller's staff, to address this problem and ensure the safety of both children and school staff. My expose, An American GULAG, puts a human face on these abuses. I received a Teen Hero Award for the book when it was released online, and coverage in Time magazine.

What ultimately may enable Congress to close the gap on protecting America's youth, I think, are not only the horrors revealed by the GAO, but a shift of focus from parental actions to school staff. Ultimately, the crux of the issue is this: Whether at home or school, all children have the right to be treated with dignity and be free from mistreatment, abuse, neglect, and exploitation.

 
 
 

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HUFFPOST SUPER USER
dbishop76
Left of liberal Texan.
04:14 PM on 02/13/2010
I have mixed feelings on this....I have two children, both of whom suffer from significant disabilities and both of whom have gone to nonresidential treatment facilities for school. On the one hand, I can tell you that they at one time or another have both been restrained. This was for their own protection or the protection of others. In every circumstance, the individuals had gone through intensive training in restraint and the utmost diligence was paid to their safety and they were only restrained for so long as was needed to ensure they were no longer a danger.

However, in the public school system my children have both suffered what I consider abuse in the way of being locked in a "safe room" ,which is little more than a padded closet and designed to remove children who were being unsafe. More than once these rooms were used for noncompliance, not violent behavior and other methods of behavior modification needed to be used.

I can't say that I am in favor of a complete ban on restrain and seclusion, however I do think that there needs to be training and requirements to document every incident. Clearly taping children to chairs and sitting on them until they die is way out of the confines of safe use of these techniques and that must be addressed. At the same time, when emotionally disturbed become violent they need to be restrained for their own safety and the safety of those around them.
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texastrixie
I invented the internet.
06:30 PM on 02/04/2010
In both school cases, why were measures in place to send the kids who wouldn't behave to the principal's office, the parents called, and the kids suspended for at least a day or two? If more kids and their parents had consequences for their behavior, no one would need to be duct-taped or sat on. Kids in school need to learn to follow the rules, or they (and their parents) suffer consequences in most cases. No teacher should mistreat a child (of whatever age), but no child (of whatever age) should be allowed to disregard an order from the teacher.
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HUFFPOST BLOGGER
Alexia Parks
08:44 PM on 02/04/2010
Hi texastrixie: There are two types of schools discussed here. The first are public schools, the second are residential, behavior modification schools where children are sent to live away from home. When children act out, are defiant, or "run with the wrong crowd," their parents want a quick solution. Often, these are divorcing parents, or single parents, and children may be acting out their distress about their home life. An American GULAG describes what happens when they are sent away. Once released, they become emotional time bombs, suffering from post traumatic stress disorder, and dissociative disorder. They don't fit back into society very well. Custodial parents have the implicit authority to do whatever it takes to change their behavior.

The public school system has another problem. The Wall Street Journal describes the problem of Ritalin in schools as their "dirty little secret." Schools expect children to sit and learn. Most of the so-called problem children need to be more physical. They may need hands-on learning. Teachers, counselors and administrators may be going through their own traumas at home with divorce, difficult family situation, financial pressures. They may be quick to anger. It doesn't take much to create a flashpoint with deadly results. That's why children need to be given civil and human rights ... as these two bills will do.

Thanks for posting a comment. - Alexia Parks
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HUFFPOST SUPER USER
Cherie King
08:54 PM on 02/04/2010
i went to a christian school. they told my mom i disrupted class but I was really falling asleep in my cubicle bored out of my mind, and got the paddle. the second time same reason given, except they accused my mom of bad parenting, I have never had the need to be grounded at 9 or 10 years, much less a spanking, so my mom pulled me out of that school and went back into public school. I have never committed a crime and i am anti-spanking as I believe it must be age appropriate and match the "crime".
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HUFFPOST SUPER USER
Cherie King
08:48 PM on 02/04/2010
some people should not be teachers, just as some should not be parents. You sound like you think its ok to do this to kids? teachers have a responsibility to teach and yes parents to discipline. but there is NO excuse for what happened to these kids. its almost like blaming sexual abuse on the child/victim.
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HUFFPOST BLOGGER
Alexia Parks
12:59 PM on 02/05/2010
Dear Cherie,

Perhaps you are responding to the first person who commented. As my blog illustrates, I am pro youth rights. And I agree with you, some people should not be teachers; just as some should not be parents. It is not OK to do any of this to kids. I'm in favor of youth rights.