Feds Share Largest Collection of Student Restraint, Seclusion Data

New federal data about how often public school students are restrained or secluded at school show that, in the majority of cases, these approaches are used to contain kids with disabilities, who make up just a sixth of all students.

Data from the Civil Rights Data Collection, gathered from the 2009-10 school year from about 85 percent of the nation's school districts, for the first time includes information about mechanical or physical restraints and seclusion. Although even the Government Accountability Office has investigated concerns about the use of these methods, there's never been data collected on this scale about the practices. (Read some of Education Week's coverage of other data collected by the U.S. Department of Education's office for civil rights here.)

Some analysis shared Tuesday by the federal Education Department shows that close to 40,000 students were physically restrained—or held by another person—that school year. Of those, 70 percent of the cases involved students with disabilities.

The department also found although black students make up 21 percent of students with disabilities, they represented 44 percent of the cases in which mechanical restraints—where students are controlled using some kind of a device—were involved. Some schools have used duct tape, handcuffs, helmets, anklets, and other devices, with the premise of keeping students from hurting themselves, teachers, or classmates.

This last practice is of particular concern to many groups who advocate on behalf of students with disabilities. The GAO report chronicled the deaths of some children restrained this way.

A new report from the National Disability Rights Network, whose "School is Not Supposed to Hurt" report several years ago shined a spotlight on the use of restraint and seclusion, shared stories this week of a middle school teacher duct taping a student to his wheelchair in Colorado and a 15-year-old student in Iowa strapped to a lunch table. Civil suits and federal complaints to the federal office for civil rights have, in some of these cases, found the schools violated state laws or students' civil rights, or both.

Read more of Nirvi Shah's On Special Education HERE.

Share Your Restraint and Seclusion Stories with Senator Harkin

From AgeofAutism.com

SEEKING PARENTS WITH RESTRAINT/SECLUSION STORIES FOR U.S. SENATOR HARKIN’S STAFF

Last week, U.S. Senator Tom Harkin introduced the Keeping All Students Safe Act, S.2020, to protect students nationwide from dangerous restraint and seclusion. As the GAO (U.S. Government Accountability Office) has found, restraint/seclusion are dangerous, resulting in deaths, injuries, and trauma to children nationwide. WE ARE SEEKING LETTERS IN SUPPORT OF THE BILL FROM PARENTS THAT CAN BE SHARED WITH SENATOR HARKIN’S STAFF AND PERHAPS OTHER SENATE STAFF. WE ARE ALSO INTERESTED IN STORIES OF CHILDREN WHO RESTRAINED OR SECLUDED AND WHO MIGHT HAVE BEEN HELPED IF THE BILL WAS LAW. You do not have to have a story to send a letter. Please email Jessica Butler, jessica@jnba.net if you have a story or think the bill would have helped your child, or if you would like to send a letter in support of the bill (even if you do not have a story). Please feel free to forward and share with others.

HERE ARE THE HIGHLIGHTS OF WHAT THE BILL DOES. PERHAPS ONE OF THESE THINGS HAPPENED TO YOUR CHILD AND THE BILL COULD HAVE PREVENTED IT FROM HAPPENING. OR PERHAPS ONE OF THESE THINGS COULD HAPPEN TO YOUR CHILD (e.g. you live in a state with fewer protections).

Read complete article HERE.

Panel Calls On Feds To Limit Restraint, Seclusion

By Michelle Diament from disabilityscoop

A government advisory panel wants the Obama administration to do more to address the use of restraint and seclusion among people with disabilities.

In a letter that the Interagency Autism Coordinating Committee, or IACC, agreed to send Wednesday, the group is asking U.S. Health and Human Services Secretary Kathleen Sebelius to coordinate with federal education and justice officials on the use of the controversial practices in schools and other settings.

Specifically, the IACC is urging Sebelius to work with her counterparts to establish regulations, increase data collection and promote alternatives, among other steps.

“The use of seclusion and restraint in every setting is a critical issue for people with (autism) and other disabilities and their families that requires immediate federal attention,” the IACC letter reads.

The IACC is an advisory committee established by the Combating Autism Act of 2006 that’s comprised of government officials and members of the autism community. The group provides recommendations to federal agencies and establishes priorities for government-funded autism research.

In May, the committee heard from numerous stakeholders about the use of restraint and seclusion among people with disabilities. The letter to Sebelius comes in response to concerns that emerged during that meeting. (Read all of Disability Scoop’s coverage of restraint and seclusion >>)

While there are some federal regulations limiting the use of restraint and seclusion in certain residential settings, a patchwork of inconsistent state and local rules govern the practices in schools across the country.

Last year, the House of Representatives approved legislation that would have established national standards for schools, but the bill was never considered by the Senate and a similar proposal this year has not progressed.

Article HERE.

Preventing the Use of Restraint and Seclusion with Young Children: The Role of Effective, Positive Practices

The University of South Florida posted a brief by Glen Dunlap, Cheryl Ostryn, & Lise Fox, February, 2011 regarding the prevention of restraint and seclusion with young children. Read brief HERE.

Miller: “There Is No Room for Torture and Abuse In America’s Schools”

WASHINGTON, D.C. – Today, U.S. Rep. George Miller (D-CA), the senior Democrat on the Education and the Workforce Committee, introduced The Keeping All Students Safe Act, bipartisan legislation to prevent schoolchildren from being abused as a result of inappropriate uses of restraint and seclusion, often involving untrained staff. According to government investigations, these abusive practices were used disproportionately on children with disabilities. The legislation first passed the House a year ago with bipartisan support.

Read more on Rep George Miller's website HERE.

Federal Bill on Restraint, Seclusion Resurrected

Since the "Keeping All Students Safe Act" was passed in the U.S. House more than a year ago, a new report says there have been dozens of cases in which restraints or seclusion or both have been used on students with disabilities.

The report, called "The Cost of Waiting," also includes examples from a previous report by the National Disability Rights Network called "School is Not Supposed to Hurt" and references a Government Accountability Office study of the use of these practices.

On Wednesday, U.S. Rep. George Miller, D-Calif., reintroduced the bill, which had passed 262 to 153 and had bipartisan support. (This link points to the bill passed in 2010; I haven't found the text of the new one, which will be H.R. 1381.)

"In the year since this legislation passed the House but failed to become law, more children were abused in school. The investigations and news reports about harmful restraint and seclusion show children being tied up with duct tape, sat on by untrained staff, locked in rooms for hours at a time—this behavior looks like torture. This legislation makes it very clear that there is no room for torture and abuse in America's schools," Rep. Miller said in a statement.

Read more of Nirvi Shah's On Sepcial Education article HERE.

Oregon Bill Seeks to Ban Most Use of Restraints, Seclusion

By Nirvi Shah form On Special Education

A bill that would ban school districts from restraining or secluding public schoolchildren in most cases and require training for the small numbers of school personnel who employ these practices is making its way through the Oregon legislature.

Although Oregon, like many other states, has a state policy limiting the use of these measures, the organization Disability Rights Oregon found that it's difficult to tell how often they are really used. The report, from earlier this year, said that only 37 of Oregon's 197 school districts compiled data on the use of restraint and seclusion for a one-year period. In those districts, there were approximately 4,500 restraint or seclusion incidents.

Read complete article HERE.

HAVE YOUR VOICE HEARD IN SACRAMENTO!

This coming Wednesday, May 6, is Legislative Information Sharing Day.


One day each year, Community Advisory Committees (CACs), school board members, community members and staff from Special Education Local Planning Area (SELPAs) from across California go to the state capital en masse to participate in face-to-face meetings with our legislators and their staff.


This is a great opportunity for us, not only to share our thoughts on upcoming legislation, but to remind our elected officials of the importance of special education, the people their legislation affects, and the practical impact of their votes.

Mt Diablo has a team of parents and administrators who have been studying the issues and are ready to speak up for our students and their needs. Just a couple of issues that are on the table are:

AB1430 - would require school districts to have nurses administer all prescription medication taken on campus

AB1124 - would provide a "stay put" where there is service or placement disagreement when students move from early start into the school system

AB661 - would implement recent settlement agreement to fund behavior plans and supports.

AB1538 - would limit physical restraint and seclusion


Education is a hot topic now. What would you say to your legislator? Let us know! We will make your voice heard.