School Climate & Safety News in Brief

Restraint, Seclusion Bills Introduced

By Lisa Fine — December 14, 2009 2 min read
  • Save to favorites
  • Print

Members of both houses of Congress last week introduced legislation to regulate the use of restraint and seclusion on students in schools, and to require that any use of such practices be reported to parents.

The proposed law would establish the first federal safety standards in schools for the use of restraint and seclusion, similar to rules in place in hospitals and nonmedical community-based facilities. Regulations on the practices of restraint and seclusion vary from state to state.

A report in May from the Government Accountability Office outlined allegations that children had been abused, or even died, because of misuse of restraint and seclusion in schools. Many of the students on whom those practices are used have disabilities. The practices are meant to be used in emergencies when students are deemed a danger to themselves or others. (“Study on Restraints and Seclusion Stirs Alarm,” June 10, 2009.)

U.S. Reps. George Miller, D-Calif., and Cathy McMorris Rodgers, R-Wash., proposed the bill in the House, and Sen. Christopher J. Dodd, D-Conn., proposed a similar measure in the Senate.

“Something is very wrong when our children are at risk in their own classrooms,” Mr. Miller, the chairman of the House Education and Labor Committee said in a statement. He had requested the GAO 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,” Mr. Miller said.

Both bills would ban the use of mechanical restraints, such as strapping children to chairs, and prohibit restraints that restrict breathing. It would prohibit the use of medications to control behavior that were not administered properly. It also would bar school staff members from denying students water, food, clothing, or access to toilet facilities to control behavior. States would be required to report the use of restraint and seclusion to the U.S. secretary of education, according to the House education committee.

States would have two years to develop policies, procedures, and monitoring and enforcement systems to meet the minimum federal safety standards. Federal funds could be withheld from states that did not meet the requirements, the committee’s Web site says.

There is a long history of students with disabilities being subjected to inappropriate and abusive seclusions and restraints, Ari Ne-eman of the Autistic Self Advocacy Network, said in a statement last week. The legislation introduced today is the first of its kind, going far beyond previous efforts to protect students with disabilities.

A version of this article appeared in the December 16, 2009 edition of Education Week as Restraint, Seclusion Bills Introduced

Events

This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Assessment Webinar
Reflections on Evidence-Based Grading Practices: What We Learned for Next Year
Get real insights on evidence-based grading from K-12 leaders.
Content provided by Otus
Artificial Intelligence K-12 Essentials Forum How AI Use Is Expanding in K-12 Schools
Join this free virtual event to explore how AI technology is—and is not—improving K-12 teaching and learning.
Federal Webinar Navigating the Rapid Pace of Education Policy Change: Your Questions, Answered
Join this free webinar to gain an understanding of key education policy developments affecting K-12 schools.

EdWeek Top School Jobs

Teacher Jobs
Search over ten thousand teaching jobs nationwide — elementary, middle, high school and more.
View Jobs
Principal Jobs
Find hundreds of jobs for principals, assistant principals, and other school leadership roles.
View Jobs
Administrator Jobs
Over a thousand district-level jobs: superintendents, directors, more.
View Jobs
Support Staff Jobs
Search thousands of jobs, from paraprofessionals to counselors and more.
View Jobs

Read Next

School Climate & Safety Spotlight Spotlight on Enhancing School Safety and Emergency Response
This Spotlight will help you explore proactive measures and effective strategies for enhancing school safety and emergency response.
School Climate & Safety States Emphasize School Violence Prevention, Not Just Security
In the wake of school shootings in their states last year, legislators hope to avert future tragedies.
7 min read
Local residents pray during a candlelight vigil following a shooting at Perry High School, on Jan. 4, 2024, in Perry, Iowa.
Local residents pray during a candlelight vigil following a shooting at Perry High School, on Jan. 4, 2024, in Perry, Iowa. The deaths in school shootings last year have led to new legislation in a half-dozen states.
Charlie Neibergall/AP
School Climate & Safety Leader To Learn From One Leader’s Plan to Cut Chronic Absenteeism—One Student at a Time
Naomi Tolentino helps educators in Kansas City, Kan., support strong school attendance.
9 min read
Naomi Tolentino Miranda leads a meeting on student attendance at J.C. Harmon High School on Jan. 16, 2025 in Kansas City, Kansas. Tolentino Miranda showed school administrators recent data reflecting positive progress in combating chronic absenteeism.
Naomi Tolentino leads a meeting on student attendance at J.C. Harmon High School on Jan. 16, 2025 in Kansas City, Kansas. Tolentino showed school administrators recent data reflecting positive progress in combating chronic absenteeism.
Erin Woodiel for Education Week
School Climate & Safety Q&A What a 'Positive, Proactive Approach' to Chronic Absenteeism Looks Like
A Kansas City, Kan., leader explains how her district shifted its approach to chronic absenteeism.
6 min read
Naomi Tolentino Miranda walks into J.C. Harmon High School on Jan. 16, 2025 in Kansas City, Kansas. Tolentino Miranda is the Coordinator for Student Support Programs and often visits school administrative teams to check on their progress combating chronic absenteeism among their students.
Naomi Tolentino walks into J.C. Harmon High School on Jan. 16, 2025, in Kansas City, Kan. Tolentino is the coordinator for student support programs and often visits school administrative teams to check on their progress in lowering chronic absenteeism among their students.
Erin Woodiel for Education Week