Power Grid Blog
Legislation is Needed to Protect Students Against Dangerous Disciplinary Practices of Restraints and Seclusion
September 12, 2012 | David Heymsfeld, AAPD Policy Advisor
An article in last Sunday’s New York Times made a strong case for legislation to prevent schools from engaging in abusive disciplinary practices that can result in severe physical and psychological injuries, and sometimes even death.
The author cited personal experience with his five year old daughter Rose who, unknown to her parents, had been kept in a school seclusion room for up to an hour, almost daily, over a three month period. The discipline was imposed because Rose was” fidgety and restless” or failed to follow directions. The author was told by school staff that “Once in the closet, Rose would pound on the door, or scream for help…and once her hand was slammed in the doorjamb while being locked inside.” The author reported that for Rose “the trauma was severe” and caused nightmares and other symptoms of severe stress, requiring treatment.
This powerful individual testimony is evidence of a widespread problem that has been well documented over the last few years. A 2009 GAO Report found hundreds of cases in which there had been allegations of death or injury to students resulting from restraints. A disproportionate number were students with disabilities.
A March 2012 study by the Department of Education indicated that students with disabilities represent 12% of the school population, but 70% of the cases in which physical restraints are imposed.
Although some states have laws regulating restraints of students, 23 states have no laws or weak laws.
Legislation to regulate restraints has been introduced in the House (HR 1381, sponsored by Congressmen George Miller) and Senate (S. 2020, sponsored by Senator Harkin). AAPD strongly supports these bills. To summarize the main provisions of the Harkin bill (the Miller bill is similar)
- Schools are banned from using seclusion and physical restraints that restrict breathing or are contraindicated by a student’s medical or psychiatric condition
- Physical restraints may be imposed only if there is an immediate danger of serious bodily injury to the student or others, the restraint does not interfere with the student’s ability to communicate and, except in rare emergency cases, less restrictive measures have been ineffective
- Parents must be notified on the day the restraint is imposed, and within 5 days there must be a conference for the parents and school officials to develop plans to prevent and reduce the need for physical restraints in the future.
- Schools are required to provide data to the State on their use of physical restraints, and the States are required to aggregate the data and make it public.
It now seems unlikely that legislation on restraints will go forward this year. The bills are likely to be introduced again in the new Congress, beginning in January 2013. Individual, personal stories, such as was presented in the Times, can be very effective in generating support for legislation.
Comments
Submitted by Kenyette Gray at 08:00 PM on September 16, 2012