COPAA’s Position on the Pending Congressional Bills on the Use of Seclusion and Restraint in Schools

Specifically, COPAA supports S. 2860 and H.R. 4247 because the following provisions are included:

• Prohibition against restraint or seclusion unless a student’s behavior poses imminent danger of physical injury to self or others and less restrictive interventions would be ineffective in stopping such imminent danger;
• Prohibition against the use of aversive interventions that compromise health and safety;
• Prohibition against mechanical and chemical restraints and interventions that restrict airflow;
• Requirement for face-to-face monitoring to quickly detect physical or psychological distress if restraint or seclusion is employed, except in circumstances where staff safety is significantly compromised , requiring direct visual monitoring;
• Prohibition against placement of restraint or seclusion in a child’s Individual Education Program, behavioral plan, or other educational planning document;
• Requirement that restraint or seclusion be implemented only by trained personnel;
• Requirement that the technique cease when there is no longer a threat of harm;
• Requirement that notice be provided to parents within 24 hours of the use of restraint and/or seclusion;
• Requirement for the collection and public reporting of data;
• Protection of parents’ and children’s existing rights under federal and state law, including existing state health codes and safety regulations; and
• Reinforcing State Protection & Advocacy programs’ authority to investigate and obtain legal remedies for students who are subject to violations under the provisions of the proposed bills.
• We believe these provisions are critical to provide a minimum floor of protection

Read the entire statement here.

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