On October 26, 2007 (form dated October 20, 2007), the Department of Public Instruction (DPI) received a complaint under state and federal special education law from XXXXX against the Racine Unified School District. The issue is whether the district, from January 2007 through October 2007, improperly restrained a student with a disability through the use of a Rifton chair.
The department began an investigation into this matter prior to the receipt of the complaint because of various other contacts and other information received. Department staff visited the district on October 19, 2007, and met with the district’s supervisors of special education. During this meeting, the department was informed that a Rifton chair with a belt was used with the student to “remind him to sit,” which is not its intended use. The Rifton chair is designed to provide adaptive seating because the child needs postural or stabilizing support due to an orthopedic impairment. The Rifton chair with a belt, tray, or any type of restraining device must not be used for cuing, keeping the child still, reminding the child to sit, or in general, for behavioral management or sensory integration purposes. The manufacturer’s website states explicitly that Rifton equipment is not intended to be used as a behavioral restraint. In addition, use of the chair was not documented in the student’s individualized education plan (IEP).
During the meeting, the department was also informed the chair was being used at multiple locations within the district, it was used for purposes other than the intended use as described above, and its use was not consistently and clearly documented in students’ IEPs. Consequently, in early November department staff conducted an on-site investigation at multiple school sites within the district, including the school where the student attended the early childhood special education program. As a result of this investigation, the department ordered district-wide corrective action, which is outlined in the November 20, 2007, letter enclosed with this decision. Department staff will continue to monitor the completion of this corrective action. The student is no longer enrolled in the district program, and the parent does not want to re-enroll the student at this time. If, however, the child is re-enrolled, the district will conduct an IEP team meeting to ensure the needs of the student are met and a Rifton chair is not used.
This concludes our review of this complaint, which we are closing.
//signed CST 12/19/07
Carolyn Stanford Taylor
Assistant State Superintendent
Division for Learning Support: Equity and Advocacy
Dec/pmw
Attachment
For questions about this information, contact Patricia M. Williams (608) 267-3720
Last updated on 3/24/2008 12:17:28 PM
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