Autism Society Applauds New Legislation to Prevent Restraint and Seclusion in Schools
Thursday, December 17, 2009
By: Carin Yavorcik

Introduced December 9 in House and Senate

U.S. Representatives George Miller (D-CA) and Cathy McMorris Rodgers (R-WA) introduced  the Preventing Harmful Restraint and Seclusion in Schools Act (H.R. 4247) December 9 that would for the first time protect children from restraint or seclusion in schools. Senator Chris Dodd (D-CT) also introduced a companion bill in the Senate, numbered S 2860.

The legislation draws on a Government Accountability Office (GAO) report on restraints and seclusions released last spring that found “hundreds of cases of alleged abuse and death related to the use of these methods on school children during the past two decades,” with almost all involving students with disabilities. (Restraint is used to restrict an individual’s freedom of movement. Seclusion is used to involuntarily confine a student in an area alone.) Still, investigators could not ascertain the full extent of this problem—cases often go unreported, with some states not even keeping track of incidents.

“Our schools need to be a safe place for all students, particularly those with autism, who are often more vulnerable, and sometimes unable to communicate these violations of their human rights,” said Autism Society Vice President of Advocacy and Public Policy Jeff Sell. “This important bill seeks to create standards that will prevent abuse.”

H.R. 4247 would establish the first federal standards to protect students from misuse of restraint and seclusion, and ensure the safety of everyone in the classroom. It would apply to public schools, private schools and preschools receiving federal education support. Specifically the legislation would:

• Establish important minimum federal safety standards in schools, similar to the protections already in place in hospitals and other non-medical community-based facilities;
• Limit physical restraint and locked seclusion, allowing these interventions only when there is imminent danger of injury, and only when imposed by trained staff;
• Outlaw mechanical restraints, such as strapping kids to chairs, and prohibit restraints that restrict breathing;
• Require schools to notify parents after incidents when restraint or seclusion was used;
• Call on states, within two years of enactment, to establish their own policies, procedures, and monitoring and enforcement systems to meet these minimum standards;
• Encourage states to provide support and training to better protect students, and prevent the need for emergency behavioral interventions; and
• Increase transparency, oversight and enforcement tools to prevent future abuse.

“Something is very wrong when our children are at risk in their own classrooms,” said Miller, chairman of the House Education and Labor Committee, who requested the GAO’s investigation. “In some cases, the abuses these kids are suffering are nothing short of torture inflicted at the hands of the very staff we entrust with their safety. Today is a critical first step toward finally ending this nightmare of abuse and ensuring that all classrooms are safe for students, their teachers and the entire school communities.”

“I’ve looked into this and have come to the conclusion that there is a lack of training,” said McMorris Rodgers, a member of the House Education and Labor Committee and vice chair of the House Republican Conference. “As difficult situations arise, teachers or principals just don’t know what to do. The legislation that we are introducing today gives states the needed guidance and resources to enable teachers and school personnel to handle difficult situations in the most positive manner possible.”

“The tragedies associated with the inappropriate use of seclusion and restraint are not only unacceptable, they are unconscionable,” said Dodd. “There is no place in our schools for what amounts to torture, and we need clear standards for the use of tactics that lead to the physical and psychological abuse of children. This legislation will set clear guidelines so that children and educators alike can be sure of a safe learning environment.”

Through efforts such as the Network of Autism Training and Technical Assistance (NATTAP), the Autism Society works with educators to help give them the best tools to help both child and teacher succeed. Research suggests that schools that fully implement schoolwide positive behavior supports have fewer discipline problems than those that do not, write education experts Kathy Gould and Cathy Pratt, Ph.D., in their article, “Looking Beyond Behavior: Schoolwide Discipline and Individual Supports for Students with ASD,” published in the September 2007 edition of the Autism Society’s flagship magazine, the Autism Advocate. “Schools that are more effective in teaching positive behaviors and addressing behavioral issues, such as bullying, in a more systematic manner are going to be more supportive settings,” they write.

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