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
Special Education Webinar
Integrating and Interpreting MTSS Data: How Districts Are Designing Systems That Identify Student Needs
Discover practical ways to organize MTSS data that enable timely, confident MTSS decisions, ensuring every student is seen and supported.
Content provided by Panorama Education
Artificial Intelligence Live Online Discussion A Seat at the Table: AI Could Be Your Thought Partner
How can educators prepare young people for an AI-powered workplace? Join our discussion on using AI as a cognitive companion.
Student Well-Being & Movement K-12 Essentials Forum How Schools Are Teaching Students Life Skills
Join this free virtual event to explore creative ways schools have found to seamlessly integrate teaching life skills into the school day.

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 Q&A Inside the Fear at Chicago Schools Amid Federal Immigration Raids
Sylvelia Pittman has never experienced something like the current federal crackdown in her city.
5 min read
Sylvelia Pittman stands for a portrait outside of Nash Elementary School in Chicago on Oct. 30, 2025.
Sylvelia Pittman stands for a portrait outside of Nash Elementary School in Chicago on Oct. 30, 2025. She spoke with Education Week about the fears she is grappling with regarding immigration raids and federal agents' increased presence near her school.
Jim Vondruska for Education Week
School Climate & Safety Download How to Use School Security Cameras Effectively: 5 Tips (DOWNLOADABLE)
Smart, thoughtful use of security cameras can help bolster the safety of schools, experts say.
1 min read
A photo showing a CCTV security eye style camera monitoring students in a classroom. The classroom is blurred in the background while the camera is in focus.
iStock/Getty
School Climate & Safety From Our Research Center Security Cameras Are Everywhere in Schools. Do They Work?
The effectiveness of security camera systems is often compromised by lack of investment in upkeep and training.
6 min read
A camera with facial recognition capabilities hangs from a wall while being installed at Lockport High School in Lockport, N.Y., on July 10, 2018.
A camera with facial recognition capabilities hangs from a wall while being installed at Lockport High School in Lockport, N.Y., on July 10, 2018. Lackluster maintenance of security cameras in many schools compromises their effectiveness.
Carolyn Thompson/AP
School Climate & Safety Download Student Safety: Everything You Need to Know About Heat Stroke
As summer heat waves stretch later into fall—and with higher temperatures arriving earlier in spring—protecting student-athletes from heat-related illnesses has become a year-round concern.
Junior Ryan Edson takes a drink of water during a morning football practice at Westwood High School in Austin, Texas, on Sept. 2, 2025.
Junior Ryan Edson takes a drink of water during a morning football practice at Westwood High School in Austin, Texas, on Sept. 2, 2025.
Noah Devereaux for Education Week