House Approves Bill to Protect Schoolchildren from Harmful Restraint and Seclusion

EDUCATION & LABOR COMMITTEE
Congressman George Miller, Chairman

Wednesday, March 3, 2010
Press Office, 202-226-0853

House Approves Bill to Protect Schoolchildren from Harmful Restraint and Seclusion
GAO Found Hundreds of Cases of Students Being Abused Through Inappropriate Uses of Restraint and Seclusion

WASHINGTON, D.C. – In response to a recent government investigation that found widespread allegations that children were being abused through misuses of restraint and seclusion in classrooms, the U.S. House of Representatives today approved bipartisan legislation to protect children from inappropriate uses of these practices in schools. The Keeping All Students Safe Act (H.R. 4247) passed by a vote of 262 to 153.

A U.S. Government Accountability Office report released last spring exposed hundreds of alleged cases of schoolchildren being abused as a result of inappropriate uses of restraint and seclusion, often involving untrained staff. The victims were children as young as three and four, students with disabilities and without disabilities, who attended both public and private schools. In a number of cases, children died. In some of the cases GAO investigated, ropes, duct tape, and chairs with straps and bungee cords were used to restrain or isolate young children.

“It’s time to end this nightmare of abuse that has hurt too many students, classmates, families and school communities,” said U.S. Rep. George Miller (D-CA), chairman of the House Education and Labor Committee. “This bill simply says that every child, in every school, in every state deserves the same basic level of protections that they currently receive in hospitals.”

“I am genuinely pleased by the House’s bipartisan support for H.R. 4247, the Keeping All Students Safe in Schools Act,” said U.S. Rep. Cathy McMorris Rodgers (R-WA), original sponsor of the legislation. “This critical piece of legislation confronts the unimaginable situation in schools across the country whereby some of our nation’s most vulnerable children are treated in an inhumane and degrading manner. The thousands of incidents reported by GAO and others together with the piecemeal approach taken by the states demonstrates the need for federal guidance. I’ve been proud to work with many organizations and this is a victory for them. I thank Chairman Miller for his leadership and my colleagues for their support. Together, we will work to ensure this bill is passed by the Senate.”

Unlike in hospitals and other community-based facilities that receive federal taxpayer dollars, there are currently no federal laws that address how and when restraint and seclusion can be used on children in public and private schools. GAO also found that improperly trained teachers were too often using these practices as frequent discipline.

Seclusion, as the term is used in this context, means the act of involuntarily confining a student in an area by himself. Restraint is used to restrict an individual’s freedom of movement.

According to a recent report from the U.S. Department of Education, state laws on restraint and seclusion vary widely. Nineteen states have no laws at all. Of the 31 states that do have laws in place, many are not comprehensive enough to protect all students, in every kind of school.

The Keeping All Students Safe Act would establish, for the first time, minimum federal standards to provide equal protections to all students, in every state across the country. It would make clear that physical restraint or locked seclusion should be used only when there is imminent danger of injury and only when imposed by trained staff. It would prohibit mechanical restraints, such as strapping children to chairs, misusing therapeutic equipment to punish students or duct-taping parts of their bodies and any restraint that restricts breathing.

It would also prohibit chemical restraint, which are medications used to control behavior that are not consistent with a doctor’s prescription.

The bill would prohibit school staff from including restraint or seclusion as planned interventions in student’s education plans, known as Individualized Education Programs (IEPs). It would also require schools to notify parents immediately after incidents when restraint or seclusion was used.

In many of the cases GAO examined, parents only learned that their child was being restrained or secluded from a whistle-blowing teacher – or when their child came home bruised.

The legislation would also allow states the flexibility to tailor their individual laws based on their needs: It would ask states to have their own laws in place, within two years, that either meet or exceed these basic federal standards.

Chairman Miller’s prepared remarks - http://www.youtube.com/watch?v=FJk5Y_KTxjQ

Chairman Miller’s closing remarks - http://www.youtube.com/watch?v=K239Glb77y4

Press release - http://edlabor.house.gov/newsroom/2010/03/houses-approves-bill-to-protec.shtml

Roll call vote - http://clerk.house.gov/evs/2010/roll082.xml

Department of Education Summary of State Laws, Regulations, Policies, Guidelines on Use of Restraint and Seclusion Techniques in Schools

Access the Department of Education summary of state laws, regulations, policies, guidelines on use of restraint and seclusion techniques in schools here.

U.S. Department of Education
Arne Duncan
Secretary

February 2010
This report is in the public domain. Authorization to reproduce it in whole or in part is granted. While permission to reprint this publication is not necessary, the citation should be: U.S. Department of Education, Summary of Seclusion and Restraint Statutes, Regulations, Policies and Guidance, by State and Territory: Information as Reported to the Regional Comprehensive Centers and Gathered from Other Sources, Washington, D.C. 2010.

This report includes the descriptive information verified by each state and territory. Additional information can be found at the URLs provided in a specific state profile, or by contacting the state directly. No official endorsement by the U.S. Department of Education of any product, commodity, service, enterprise or policy mentioned in this report, on a state’s Web site or other URL included in this
report is intended or should be inferred. All Web addresses consulted or listed within this report were operational as of December 2009, unless otherwise noted.
This report is available on the U.S. Department of Education’s Web site:
www.ed.gov/policy/seclusion/seclusion-state-summary.html.

On request, this document can be made available in accessible formats, such as Braille, large print and computer diskette. For more information, please contact the U.S. Department of Education’s Alternative Format Center at 202-260-0852 or 202-260-0818, or send an e-mail to frank.pacheco@ed.gov.

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Copy and paste URL: http://go.usa.gov/lpQ

Clarification, Answer Your Questions Regarding Misuse and Abuse of Restraint and Seclusion

February 8, 2010

There seems to be some confusion as to what is going on regarding state and federal law/policy as it applies to the misuse and abuse of seclusion and restraint. Maybe these links will help explain some of the misunderstandings.

STATE

Current statute in Missouri: http://nomoseclusion.blogspot.com/2009/11/current-statutes-in-missouri.html

Update on situation in Missouri: http://nomoseclusion.blogspot.com/2010/02/update-but-not-much-progress-at-state.html

Please read the minutes from the November 2009 DESE meeting and you will see that even in Missouri, representatives from SSD and Touchpoint agree with the definitions and reasons for restraint and seclusion, similar, yet somewhat more restrictive than what's in the currently proposed federal bill.

FEDERAL

HR 4247 w/ amendments: http://edlabor.house.gov/markups/2010/02/preventing-harmful-restraint-a.shtml

HR 4247 Basics: http://edlabor.house.gov/blog/2009/12/preventing-harmful-restraint-a.shtml

Myths and facts: http://edlabor.house.gov/blog/2010/02/myth-vs-fact-preventing-harmfu.shtml

Supporters: http://edlabor.house.gov/blog/2010/01/supporters-of-the-preventing-h.shtml

NEW PUBLICATIONS

TASH: http://nomoseclusion.blogspot.com/2010/02/tash-releases-survey-results-on.html

NDRN: http://nomoseclusion.blogspot.com/2010/02/school-is-not-supposed-to-hurt-update.html

I encourage you all to voice your opinions and concerns to your legislators, but please research and understand the facts before you do so.

Ange Hemmer
Missouri: Families Against Seclusion and Restraint

Blog: http://nomoseclusion.blogspot.com/
Facebook: http://www.facebook.com/pages/Missouri-Families-Against-Seclusion-and-Restraint/192579456768
Twitter: @nomoseclusion

Update but Not Much Progress at State Level

Missouri law states that DESE must develop a model policy regarding "comprehensively addresses the use of restrictive behavioral interventions as a form of discipline or behavior management technique." School districts must adopt a written policy as well, but they are not mandated to follow the guidelines set forth by DESE.

Last week, upon request, I was told that at this time there are no additional meetings scheduled regarding the DESE model policy in Missouri. It appears that the policy is still in the "formulation stage" with research being done on policies in other states. I hope that there is also research being done regarding the ineffectiveness of model policies (Kansas and Michigan for example) and also on the movement of the federal legislation recently passed through Committee.

It is "anticipated" that the first draft of the Missouri model policy will be put in writing sometime during the month of February. Please get your comments in soon. Local school boards are not mandated to adopt or follow this model policy. Please advocate at the local school board level as well.

Personal minutes: http://docs.google.com/Doc?docid=0AcxWbMnTyx1iZGc1ZDh2ZGdfNHRtajlia2du&hl=en

Official minutes: http://docs.google.com/Doc?docid=0AcxWbMnTyx1iZGc1ZDh2ZGdfNWh0bXo5emY5&hl=en

Ways to comment: MPACT and DESE (webreplyseclusionrestraint@dese.mo.gov).

If you want you comments to be made public or if you have any further information to share, please do so in the comments section.

Press Release: Bipartisan Legislation to Prevent Abuse in Schools Clears House Committee

UNITED STATES CONGRESS

Thursday, February 4, 2010
Melissa Salmanowitz (Miller) 202.226.0853
Todd Weiner (McMorris Rodgers) 202.225.2006

Bipartisan Legislation to Prevent Abuse in Schools Clears House Committee

WASHINGTON, D.C. – The House Education and Labor Committee today passed bipartisan legislation to make classrooms safer for students and school staff by preventing the misuse of restraint and seclusion. The Committee passed the Preventing Harmful Restraint and Seclusion in Schools Act (H.R. 4247) by a vote of 34 to 10.

A U.S. Government Accountability Office report released last spring exposed hundreds of cases of schoolchildren being abused as a result of inappropriate uses of restraint and seclusion, often involving untrained staff. In some cases, children died. A disproportionate number of these victims were students with disabilities. In some of the cases GAO investigated, ropes, duct tape, chairs with straps and bungee cords were used to restrain or isolate young children.

“This bill makes clear that there is no place in our schools for abuse and torture,” said U.S. Rep. George Miller (D-CA), chairman of the House Education and Labor Committee. “The egregious abuse of a child should not be considered less criminal because it happens in a classroom -- it should be the opposite. I’m proud that this bill has bipartisan support and I hope the full House will vote on it soon.”

“I’m pleased that H.R. 4247, the Preventing Harmful Restraint and Seclusion in Schools Act, was reported out of Committee today. This is a victory for students, parents, families, educators, and advocates who have worked tirelessly to ensure the health and safety of children in schools,” said U.S. Rep. Cathy McMorris Rodgers (R-WA), a member of the House Education and Labor Committee and vice chair of the House Republican Conference. “When I send my son Cole to school, I send him with the expectation that he is safe from danger. Yet, there have been hundreds of cases in which schoolchildren were harmed as a result of inappropriate uses of restraint and seclusion. Our bill is a long stride forward in ensuring that our tax dollars are not used to abuse children. I look forward to working with Chairman Miller and my colleagues to pass this bill through Congress this year, and have it signed into law.”

Unlike in hospitals and other medical and community-based facilities that receive federal health funding, there are currently no federal laws addressing restraint and seclusion in schools. While the Children’s Health Act of 2000 regulates how and when restraint and seclusion can be used on children in these other settings, this bill would cover schools for the first time. State regulation and oversight varies greatly; many states provide no guidance or assistance regarding these behavioral interventions.

The Preventing Harmful Restraint and Seclusion in Schools Act will, for the first time, put in place minimum safety standards to prevent abusive restraint and seclusion in schools across the country, similar to protections already in place in medical and community based facilities. After two years, states will need to have their own policies in place to meet these minimum standards. It would apply to public schools, private schools and preschools receiving federal education support.

Specifically the legislation would:
· 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;
· 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.

The legislation embodies principles outlined by the Obama administration in December. It has the support of nearly 100 organizations, including the National School Boards Association, the National Education Association, and the American Federation of Teachers. See a full list of supporters here: http://edlabor.house.gov/blog/2010/01/supporters-of-the-preventing-h.shtml

Miller first requested the GAO investigation in January 2009, after the National Disability Rights Network released a report highlighting these abuses.

For more information about the bill, click here.

To learn more about definitions in the bill, click here.

To learn more about the myths/facts in regards to this bill, click here.

School Restraint, Seclusion Bill Clears House Committee

The House Education and Labor Committee voted Thursday to pass the bill known as the Preventing Harmful Restraint and Seclusion in Schools Act by a vote of 34 to 10. Now, the measure must be considered by the full House and it must be taken up in the Senate before it can become law.

YouTube video -- H.R. 4247 - Preventing Harmful Restraint and Seclusion in Schools Act: G... http://youtu.be/dADmiyJNU34?a

DisabilityScoop story: http://www.disabilityscoop.com/2010/02/04/restraint-bill-house-committee/6902/

Kline Statement (unfavorable): Markup of H.R. 4247, the Preventing Harmful Restraint and Seclusion in Schools Act: http://twurl.nl/qffk7u

More to come...

School is Not Supposed to Hurt: Update on Progress in 2009 to Prevent and Reduce Restraint and Seclusion in Schools

February 2, 2010

Please read the NDRN report here (PDF).

A couple of clarifications

NDRN states that "Missouri allows the use of restraint and seclusion only to ensure the immediate physical safety of the student or others" (p. 4); however, the law only states that locking a student in a confined space is not allowed unless waiting for law enforcement in emergency situation. While this meets the current federal definition of seclusion, it does not prohibit blocking a door, holding a student into a confined space, or otherwise preventing a student from leaving a confined area. Restraint is not regulated at the state level at all, again left up to the school districts already failing in this area to define and regulate. Please note that if MO HB1543 passes with the vague "use of force to protect persons or property" language, things are about to get much worse for students in Missouri, so please contact your Representatives--especially if you have a story of misused restraint (force)--to prevent this language from staying in the bill.

The committee creating the model policy did somewhat agree to the above NDRN statement (see meeting minutes), but school districts are not mandated to adopt any or all of the model policy once it is developed.

The NDRN report also states that "The final version of the law, while not banning the use of restraint and seclusion rooms outright, does require restrictions on use and requires accountability" (p. 46). I am unaware of any accountability tied to this law, other than schools must have a policy or they are out of compliance. Especially since this law is tied to the Safe Schools Act, there's no recourse a family can take if their child is inappropriately restrained/secluded (unless the door is mechanically locked).

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Copy and paste URL: http://www.ndrn.org/sr/srjan10/Schoo-%20is-Not-Supposed-to-Hurt-(NDRN).pdf

Few States Take Action on Restraint and Seclusion, Report Finds

disabilityscoop, February 2, 2010

A year after an advocacy group report revealed widespread incidents of abusive and even deadly restraint and seclusion tactics in schools, states have been slow to respond, a new report indicates.

In the last year just two states — Minnesota and Missouri — passed laws limiting use of restraint and seclusion in schools, while departments of education in six states created or bolstered rules governing the practices.

Read the rest here.

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Copy and paste URLS:
Story: http://www.disabilityscoop.com/2010/02/02/follow-up-restraint-report/6858/
NDRN Update report: http://www.disabilityscoop.com/reports/100202_NDRN_Restraint_Seclusion.pdf

Advisory: House Education Committee to Consider Legislation to Protect Children From Abuse in Schools

WASHINGTON, D.C., February 1, 2010

On Thursday, February 4th, the House Education and Labor Committee will consider legislation that will protect schoolchildren from harmful uses of restraint and seclusion in their classrooms.

A recent investigation by the U.S. Government Accountability Office found hundreds of allegations that children have been abused, and some even died, as a result of misuses of restraint and seclusion in public and private schools, often at the hands of untrained staff. Unlike in hospitals and other medical and community-based facilities that receive federal health funding, there are currently no federal laws addressing restraint and seclusion in schools.

The Preventing Harmful Restraint and Seclusion in Schools Act (H.R. 4247) is the first national effort to address this troubling problem and ensure the safety of everyone involved – both students and school staff. It would establish minimum safety standards in schools and increase transparency, oversight and enforcement to prevent future abuse, among other things. Learn more here: http://edlabor.house.gov/blog/2009/12/preventing-harmful-restraint-a.shtml.

WHAT: Full Committee Mark-Up of H.R. 4247 “The Preventing Harmful Restraint and Seclusion in Schools Act”

WHEN: Thursday, February 4, 2009
11:00 a.m. ET

WHERE: House Education and Labor Committee Hearing Room
2175 Rayburn House Office Building
Washington, D.C.


Note: This hearing will be webcast live from the Education and Labor Committee website. You can access the webcast when the hearing begins at 11:00 am Eastern here.

Committee members are listed here: http://edlabor.house.gov/about/members/. There are no committee members from Missouri, but if you are a constituent from another state, please contact your Congress person before Thursday. Let them know how important this piece of legislation is to you, and also bring up any items in the bill that you would like changed or strengthened.

Go here for general information on areas that can be improved: http://www.wrightslaw.com/info/restraint.hr4247.butler.htm

Under Pressure, Duncan to Release States’ Restraint and Seclusion Policies

DisabilityScoop, January 26, 2010

Secretary of Education Arne Duncan pledged to have a “real clear plan” in place in every state for handling restraint and seclusion at the start of the school year. Now, halfway through the year, officials say information will be released in the coming weeks.

Last May, a Government Accountability Office report found hundreds of cases of abusive and even deadly incidents of restraint and seclusion in the nation’s schools, most of which involved students with disabilities.

Within days, Duncan told members of the House Education and Labor Committee that safety was a top priority. “I want to make sure that at the start of the next school year that every state has a real clear plan as to how to do this in a way that makes sense and that doesn’t jeopardize, doesn’t endanger children,” he said regarding restraint and seclusion.

Read the rest here.

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Copy and paste URL: http://www.disabilityscoop.com/2010/01/26/duncan-restraint/6758/

Supporters of the Preventing Harmful Restraint and Seclusion in the Schools Act

Go here to see the list of supporting organizations with a link to their written correspondence indicating such.

Access Living
Access to Living of Chicago
ADAPT Montana
Advocates for Children of New York (NY, NY)
Alliance to Prevent Restraint, Aversive Interventions and Seclusion
American Academy of Child and Adolescent Psychiatry
American Academy of Pediatrics
American Association for Marriage and Family Therapy
American Association of People with Disabilities
American Association on Health and Disability
American Association on Intellectual and Developmental Disabilities
American Counseling Association
American Federation of Teachers
American Group Psychotherapy Association
American Humane
American Psychiatric Nurses Association
Association of University Centers on Disabilities
Autism Society
Autism Speaks
Autistic Self Advocacy Network
Bazelon Center for Mental Health Law
Burton Blatt Institute
Center for Self-Determination
Children and Adults with Attention Deficit/Hyperactivity Disorder
Coalition for Community Integration
Community Parent Resource Center of New Mexico (Bernalillo, NM)
Congress of the Statewide Independent Living Councils
Council for Exceptional Children
Council for Learning Disabilities
Council of Parent Attorneys and Advocates
Depression and Bipolar Support Alliance
Division for Learning Disabilities
Easter Seals
Epilepsy Foundation
Families Against Restraint and Seclusion
Families Together, Inc.
Family Alliance to Stop Abuse and Neglect
Family to Family Health Information Center (New Jersey)
Family Voices
Family Voices (New Jersey Chapters)
Family Voices of Tennessee
Higher Education Consortium for Special Education
Justice for All Action Network
Learning Disabilities Association of America
Little People of America
Maine Parent Federation
Mental Health America
National Alliance on Mental Illness
National Association for Children’s Behavioral Health
National Association of Councils on Developmental Disabilities
National Association of County Behavioral Health and Developmental Disability Directors
National Association of School Psychologists
National Association of State Directors of Special Education
National Association of State Mental Health Program Directors
National Association of the Deaf
National Autism Association
National Center for Environmental Health Strategies
National Coalition of Mental Health Consumers/Survivor Organizations
National Council on Independent Living
National Disability Rights Network
National Down Syndrome Congress
National Down Syndrome Society
National Education Association
National Federation of Families for Children’s Mental Health
National Parent Teacher Association
National Rehabilitation Association
National Respite Coalition
National School Boards Association
National Spinal Cord Injury Association
National Youth Leadership Network
New Jersey’s Parent Training and Information Center
New York Association of Psychiatric Rehabilitation Services (NYAPRS)
Northwest Arkansas Community Parent Resource Center (Springdale, AR)
Not Dead Yet
PACER Center
Parent to Parent of Georgia (Atlanta, GA)
Pennsylvania TASH
Pyramid Community Parent Resource Center (New Orleans, LA)
Resources for Children with Special Needs, Inc.
Respect ABILITY Law Center
School Social Work Association of America
South Dakota Parent Connection (Sioux Falls, SD)
Statewide Parent Advocacy Network of New Jersey (Newark, NJ)
Statewide Parent to Parent (NJ)
TASH
Teacher Education Division of the Council for Exceptional Children
The Advocacy Institute
The Arc of the United States
Therapeutic Communities of America
Tourette Syndrome Association
United Cerebral Palsy
United Spinal Association
U.S. Psychiatric Rehabilitation Association
Witness Justice

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Copy and paste URL: http://edlabor.house.gov/blog/2010/01/supporters-of-the-preventing-h.shtml

Still Restrained

Texas, January 12, 2010

Texas educators forcibly pinned down students with disabilities as many times in 2009 as they did in 2008, despite efforts to curb the practice in public schools.

The static numbers hide dramatic drops in restraints in many large school districts. Because many smaller school districts reported restraints for the first time in 2009, statewide numbers remained virtually unchanged.

Read more here.

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Copy and paste URL: http://www.texastribune.org/stories/2010/jan/12/still-restrained/#ixzz0cRUeYiAu

Representative Hukill to Hold Press Conference on Restraint and Seclusion Bill

Florida, January 12, 2010

On Wednesday, January 13th, State Representative Dorothy L. Hukill (R-Port Orange) will hold a press conference on House Bill 81, which restricts the use of restraint and seclusion on students with disabilities. The legislation would ban the use of seclusion rooms and restrict the use of manual physical restraint to emergency situations as well as require incidents to be reported and tracked. Florida currently has no regulations in place on the use of restraint or seclusion.

While under supervision or due to lack of proper supervision, there have been many instances of students dying or being severely traumatized from being restrained or placed in seclusion. Some children do to their physical limitations are unable to speak out against this type of treatment. This bill serves to create a safe environment for all students and school personnel. House Bill 81 has been endorsed by numerous disability rights groups, many of whom will have representatives join Representative Hukill in speaking. The press conference will be on Wednesday January 13th, on the 4th floor rotunda of The Capitol building, 400 South Monroe Street, Tallahassee, Florida 32399-1300.

WHO: State Representative Dorothy L. Hukill
Parents of children restrained or placed into seclusion rooms.
Representatives of disability rights groups.

WHAT: Press Conference on House Bill 81

WHEN: Wednesday January 13th, 2010 at 11:00am

WHERE: 4th Floor Rotunda, Capitol Building, Tallahassee, Florida.

Federal Legislation Introduced in House

Washington DC, December 9, 2009

U.S. Reps. George Miller (D-CA) and Cathy McMorris Rodgers (R-WA) today introduced legislation that would, for the first time, protect all children in schools from harmful uses of restraint and seclusion. The legislation embodies principles outlined in a letter U.S. Education Secretary Arne Duncan sent to Miller today. U.S. Sen. Chris Dodd (D-CT) is also expected to introduce companion legislation today in the Senate. The lawmakers unveiled the bill at a press conference this morning.

A U.S. Government Accountability Office report released last spring exposed hundreds of cases of schoolchildren being abused as a result of inappropriate uses of restraint and seclusion, often involving untrained staff. In some cases, children died. A disproportionate number of these victims were students with disabilities.

Read more, including pictures and video of press conference, here.

Link to full bill.

Fact sheet on the legislation.

*****

Copy and paste URLs:

Story: http://edlabor.house.gov/newsroom/2009/12/lawmakers-introduce-bipartisan.shtml

Link to full bill: http://edlabor.house.gov/documents/111/pdf/legislation/HR4247Seclusion_Restraint.pdf

Fact sheet on the legislation: http://edlabor.house.gov/blog/2009/12/preventing-harmful-restraint-a.shtml

ADVISORY FOR 12/9 -- Bipartisan Lawmakers to Introduce Legislation to Protect All Children in Schools from Abuse

[Copied from e-mail attachment, formatting and seal are not displaying.]

UNITED STATES CONGRESS



ADVISORY for Wednesday, December 9, 2009

Melissa Salmanowitz (Miller) 202.226.0853

Kimberly Betz (McMorris Rodgers) 202.225.2006



Bipartisan Lawmakers to Introduce Legislation to Protect All Children in Schools from Abuse

Legislation will, for the first time, prevent harmful restraint and seclusion in classrooms



WASHINGTON, D.C. – On Wednesday, December 9, U.S. Reps. George Miller (D-CA) and Cathy McMorris Rodgers (R-WA) will hold a press conference to introduce new legislation to protect all children in schools from misuse of restraint and seclusion. Miller is the chairman of the House Education and Labor Committee and a member of Democratic leadership, McMorris Rodgers is a member of the Committee and the Vice Chair of the House Republican Conference.



This legislation is the first national effort to prevent and reduce harmful restraint and seclusion in schools. A recent U.S. Government Accountability Office investigation found hundreds of allegations that schoolchildren have been abused, and some even died, as a result of the inappropriate use of restraint and seclusion in classrooms; a disproportionate number of them were children with disabilities. Yet unlike in hospitals, and other medical and community-based facilities that receive federal funding, there are currently no federal policies that prevent the misuse of restraint and seclusion in schools. State regulation and oversight varies greatly; many states provide no guidance or assistance regarding these behavioral interventions.



WHO: U.S. Rep. George Miller (D-CA), chairman of the House Education and Labor Committee

U.S. Rep. Cathy McMorris Rodgers (R-WA), a member of the House Education and Labor Committee and Vice Chair of the House Republican Conference

Families of children who have been the victims of harmful restraint and seclusion in classrooms

Additional participants TBA



WHAT: Press Conference to Introduce Legislation to Prevent Harmful Restraint and Seclusion in Schools



WHEN: Wednesday, December 9, 2009

11:00AM EST



WHERE: Education and Labor Committee Hearing Room

2175 Rayburn House Office Building

Washington, D.C.



NOTE TO MEDIA: Members of the press interested in attending this event must RSVP to Melissa Salmanowitz at Melissa.Salmanowitz@mail.house.gov or 202-226-0853. Television cameras planning to cover the event must arrive no later than 10:30 am for setup.



This press conference will be webcast live from the Education and Labor Committee website at http://edlabor.house.gov



###

Seclusion Rooms In Schools, Even In Missouri, Get National Attention

Missouri, May 21, 2009

Testimony is taking place this week in Washington, D.C., regarding the use of seclusion rooms for students with disabilities - not only in Missouri, but across the country. Ange Hemmer has been vocal about the issue ever since her son was sent to a seclusion room numerous times in kindergarten in the Francis Howell School District.

From the passage of legislation in Missouri this year to the Congressional hearings, Hemmer says she's pleased the debate is creating awareness, but more needs to be done. For example, she urges teachers to get the training and support they need to help students with disabilities before they fail.

Read the rest of the story here.

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Copy and paste URL: http://www.publicnewsservice.org/index.php?/content/article/8955-2

Secretary Duncan Announces Plans to Increase Oversight of Seclusion and Restraint in Schools

WASHINGTON, D.C., May 20, 2009

At a hearing on Capitol Hill today, U.S. Education Secretary Arne Duncan told members of the House Education and Labor Committee that he intends to begin monitoring how states are using seclusion and restraint in public schools. Duncan also said he plans to ensure that all states have clear policies in place on seclusion, restraint and other physical interventions that are used in schools for the coming academic year.

A GAO investigation released yesterday at a committee hearing, and conducted at the request of U.S. Rep. George Miller (D-CA), the committee’s chairman, uncovered hundreds of allegations of abusive uses of seclusion and restraint practices on schoolchildren over the past two decades. In at least twenty of those cases, this abuse resulted in the death of a child.

Read the rest of the story here.

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Copy and paste URLs:
http://edlabor.house.gov/newsroom/2009/05/secretary-duncan-announces-pla.shtml
http://edlabor.house.gov/documents/111/pdf/testimony/20090520SecDuncanTestimony.pdf
http://www.youtube.com/watch?v=8K6DcFZEimI

Education Bill Containing Seclusion Language Passes

Missouri, May 14, 2009

A comprehensive education bill that contains language regarding the use of seclusion rooms has passed. This bill moved extremely fast.

Unfortunately this language is not what we would like to see. We recommend legislation that includes all the provisions recommended by the NDRN report and will continue to advocate for such.

House Committee Substitute No. 2 for Senate substitute for Senate Bill No. 291

Section dealing with seclusion:

160.263.
1. The school discipline policy under section 160.261 shall prohibit
2 confining a student in an unattended, locked space except for an emergency situation while
3 awaiting the arrival of law enforcement personnel.
4 2. By July 1, 2011, the local board of education of each school district shall adopt
5 a written policy that comprehensively addresses the use of restrictive behavioral
6 interventions as a form of discipline or behavior management technique. The policy shall
7 be consistent with professionally accepted practices and standards of student discipline,
8 behavior management, health and safety, including the Safe Schools Act. The policy shall
9 include but not be limited to:
10 (1) Definitions of "restraint", "seclusion", and "time-out" and any other
11 terminology necessary to describe the continuum of restrictive behavioral interventions
12 available for use or prohibited in the district;
13 (2) Description of circumstances under which a restrictive behavioral intervention
14 is allowed and prohibited and any unique application requirements for specific groups of
15 students such as differences based on age, disability, or environment in which the
16 educational services are provided;
17 (3) Specific implementation requirements associated with a restrictive behavioral
18 intervention such as time limits, facility specifications, training requirements or
19 supervision requirements; and
20 (4) Documentation, notice and permission requirements associated with use of a
21 restrictive behavioral intervention.
H.C.S.#2 S.S. S.B. 291 73. The department of elementary
22 and secondary education shall, in cooperation
23 with appropriate associations, organizations, agencies and individuals with specialized
24 expertise in behavior management, develop a model policy that satisfies the requirements
25 of subsection 2 of this section by July 1, 2010.

Summary:

USE OF SECLUSION ROOMS: This act requires school district discipline policies to prohibit confining a student in an unattended, locked space except for an emergency situation while awaiting the arrival of law enforcement personnel. By July 1, 2011, each school district must adopt a written policy that addresses the use of restrictive behavioral interventions as a form of discipline or behavior management technique, as described in the act. The Department of Elementary and Secondary Education must develop a model policy by July 1, 2010 in cooperation with associations, organizations, agencies, and individuals with specialized expertise in behavior management.

This provision identical to a provision contained in HCS/SB 79 {passed senate as well as house education committee, currently in house rules committee} and is similar to SB 445 {2nd read and referred to committee – no hearing was ever scheduled}. (Section 160.263)

Thank You: SB445

Missouri, 2/26/09

Senator Rupp and Senator Schmitt,

Thank you so much for meeting with me on Wednesday 2/25/09 regarding Senate Bill 445 and the abuse and misuse of seclusion rooms and restraint happening in our schools. I was thankful to have the opportunity to share our family's story as well as communicate situations that are occurring, which other families and school staff are too afraid to bring forward.

As I stated in the meeting I have two concerns regarding SB445 as it is currently proposed: 1) many times seclusion rooms are not mechanically locked, but the doors can be blocked/held shut by person(s) and 2) banning seclusion rooms without replacing them with other positive and evidence-based methods could lead to further issues.

Also, please note the following, as addressed in the materials shared with you on Wednesday:
• at no time, should prone restraints be used.
• limited restraints should only be used as a last resort when a child or others are in immediate danger.
• the use of seclusion rooms should be banned.
• students exhibiting challenging behavior are trying to communicate that something is wrong.
• school personnel need the tools to effectively implement evidence based practices to include the use of positive behavior supports.

Please let me know if there is anything else I can do to assist you in moving forward with this legislation. I greatly appreciate Senator Rupp bringing this legislation forward and forcing this seclusion and restraint issue out into the open so that it doesn't continue percolating beneath layers of system failure. I, for one, do not believe a system's failure is justification to abuse or mistreat individuals, especially those with disabilities.

Sincerely,
Ange Hemmer
Missouri: Families Against Seclusion and Restraint
http://nomoseclusion.blogspot.com/

Chairman Miller Asks GAO to Investigate Cases of Abuse and Neglect of Schoolchildren

WASHINGTON, D.C., January 27, 2009

U.S. Rep. George Miller (D-CA), the chairman of the House Education and Labor Committee, today asked the U.S. Government Accountability Office to further investigate recent reports of seclusion and restraint of children in public and private schools across the country. Miller’s committee plans to hold a hearing on these practices in the coming months.

Read more here.

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Copy and paste URL:

http://edlabor.house.gov/newsroom/2009/01/chairman-miller-asks-gao-to-in.shtml#more