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

Seclusion and Restraint: Concerns and Solutions Materials Available

Florida, February 16, 2010

Materials are now available from the February 8, 2010 web and teleconference “Seclusion and Restraint: Concerns and Solutions.” Presenters include Lise Fox, Sylvia Smith, Margaret Hooper, and F. Daniel Armstrong. Materials now available and include the presentation, a recording of the teleconference, and all supporting materials. Families, educators, advocates, and students are becoming increasingly concerned about the use of seclusion and restraint in school settings. The panel discusses the concerns related to the use of seclusion and restraint; provide information on its use within Florida Schools; and present current efforts for ensuring how schools can provide effective and safe behavior intervention procedures including proposed state legislation, resources, and training opportunities. This web and teleconference event includes the on-line presentation and a teleconference discussion during which participants had the opportunity to ask presenters questions about the topic. This event is sponsored by the Advocacy Center for Persons with Disabilities, Florida Developmental Disabilities Council, Florida Center for Inclusive Communities, and the Mailman Center for Child Development. Materials are available at http://flfcic.fmhi.usf.edu/projects/webinars.html.

Originally posted here.

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Copy and paste URLs:
Original post: http://www.assistedu.org/seclusion-and-restraint-webinar-materials/
Materials: http://flfcic.fmhi.usf.edu/projects/webinars.html

TASH Releases Survey Results on Restraint and Seclusion Use in Schools

February 7, 2010

Abstract:

A survey of parents and caretakers of children with disabilities was undertaken to document the use of restraints, seclusion, and aversive procedures. A 23 item survey was presented using a web-based program. Participants were informed of the survey by different advocacy organizations. Within 2 weeks, 1300 individuals opened the survey and 1293 answered the first question which asked if their child had been subjected to the procedures. Of the 1293, 837 (64.7%) said “yes” and continued with the survey. According to the responses, children with disabilities were often exposed to restraints, seclusion and aversive procedures and most of the time the parents had not approved of the procedures beforehand. Implications for national, state, and local policies and practices are discussed.

Read the publication here (PDF).

Please contact Barbara Trader, TASH – Executive Director with any questions or comments. She can be reached at: btrader@tash.org or (202) 540-9013.

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Copy and paste URL: http://www.tash.org/dev/tashcms/ewebeditpro5/upload/APRAIS_Survey_Exec__Summary_Media.pdf

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

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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Copy and paste URL: http://www.copaa.org/news/position%20on%20HR4247%20and%20S2860.html

Personal Minutes Regarding Missouri Restraint & Seclusion Model Policy Meeting

My personal minutes regarding the November 19, 2009 Missouri (DESE) restraint & seclusion model policy meeting are located here: http://bit.ly/705x7k. Please let me know if you want the original Word document as the Google document formatting is a little wonky.

Please note there was much discussion regaing Michigan's model policy at this meeting, but as posted before, there is now evidence coming forth that model policies are not working. Not that this is a surprise to anyone passionate about this issue, but it is something to include in your letters to your legislators so they see data on how leaving this issue up to local school districts has not worked and will not work to stop the misuse and abuse of seclusion and restraint. Legislation needs to be readressed at the state level as we continue to fight for legislation at the federal level.

I had an e-mail address from DESE for comments, but lost it in my piles of paperwork. For now, please send commments via MPACT or feel free to contact DESE at the general e-mail/address/number.

Policy Guidance for Use of Seclusion and Restraints In Schools

Indiana, December 2009

Background
In a letter to all Chief State Schools officers dated July 31, 2009, U.S. Secretary of Education Arne Duncan asked that “each State … review its current policies and guidelines regarding the use of restraints and seclusion in schools to ensure every student is safe and protected, and if appropriate, develop or revise its policies and guidelines.” This request comes after a hearing held on May 19, 2009, by the U.S. House Education and Labor Committee to examine misapplication of seclusion and restraint techniques in schools. On the day of the hearing, the Government Accountability Office (GAO) issued a copy of the testimony of Gregory D. Kutz,
entitled "Seclusions and Restraints: Selected Cases of Death and Abuse at Public and Private Schools and Treatment Centers."

Based on this federal directive, the Indiana Department of Education has reviewed all state statutes, regulations and policies, and concluded that Indiana has no statewide policy regarding restraint and seclusion of students. This document was developed after reviewing other states’statutes, regulations, and policies, as well as the position papers of organizations such as the Council for Exceptional Children. As a guiding principle, the Department recommends that schools and school corporations address the use of student seclusion and restraint as part of the
school’s written discipline rules.

Read the policy GUIDELINES here.

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Copy and paste URL: http://www.doe.in.gov/super/2009/12-December/121109/documents/seclusion_restraint_policy.pdf

Restraint and Seclusion Remain Unregulated and Underreported in Michigan Schools

Michigan, December 2009

This is a report on the use of restraint and seclusion in schools throughout Michigan. It concludes that, while some intermediate school districts (ISDs) have tried to apply the voluntary Board policy, most have not. It concludes further that the Michigan Department of Education and the state of Michigan have taken few actions to make the policy mandatory or effective, or to even gather and report information about restraint, seclusion, or use of the policy. This inaction means that Michigan schools remain the one service sector in the state where restraint and seclusion are virtually unregulated and are not subject to any reporting requirements. As a result, children remain at risk.

The current voluntary Board policy is not adequate to protect children from restraint and seclusion. For this reason, Michigan Protection and Advocacy Service (MPAS) and its partners make recommendations for change, to be enacted through legislation or other mandatory policy action, included at the end of this report. The time to stop these dangerous practices – the time to ensure that our children are “safe and protected” – is now.

Read the rest of the report here.

NOTE: Michigan and Kansas are perfect examples of why model policies DO NOT WORK.

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Copy and paste URLs:
Report:
http://www.mpas.org/DocumentWithArticles.asp?TOPIC=11087
Press release: http://www.mpas.org/Article.asp?TOPIC=10956

Preventing Harmful Restraint and Seclusion in Schools Act: What Does it Mean For Children with Disabilities?

12/14/09

Jessica Butler, a mother of a child with autism and an attorney, has written a very detailed analysis of The Preventing Harmful Restraint and Seclusion in Schools Act (H.R. 4247) and its companion bill S.2860. This analysis includes an overview of the bill, questions to consider, definitions of what is referred to in the bill, as well as features of the bill.

I encourage everyone to read this and to use this information when contacting members of congress. If you are required to enter your e-mail address to register for the Wrightslaw Newsletter in order to see this piece, it is very much worth it.

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Copy and paste URL: http://www.wrightslaw.com/info/restraint.hr4247.butler.htm

Kansas State Department of Education Releases Report on Seclusion Rooms

November 2009

The Kansas State Department of Education released its year-end report on seclusion rooms. According to official minutes, the State Board of Education adopted a policy on March 13, 2007 regarding the use of seclusion in which local school boards were required to submit data.

This is particularly relevant to Missouri, because currently Missouri legislation requires that local school boards adopt a policy in 2011; legislation does not, however, require any reporting, monitoring, or other means of data collection to determine how in fact seclusion (and restraint) are being used. The Kansas report eludes to the discrepancies among districts in usage of seclusion, and flags significant concern (note frequency and duration of use). Based on this and all other information reported nationally, there is definite risk that this can happen (and already is happening) with local school boards maintaining local autonomy on seclusion and restraint. Please note, it appears the Kansas policy is specific to seclusion rooms.

Resources:

Kansas State Department of Education, Seclusion Information

Kansas State Department of Education, March 13, 2007, Minutes adopting policies regarding seclusion rooms

Kansas State Department of Education Meeting Nov 2009 meeting material (Minutes not yet available), page 57

Kansas State Department of Education, Special Education Seclusion Update for 2008-2009

Kansas State Department of Education, Seclusion of Students with Disabilities: Year End Report 2008-2009

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Copy and Paste URLs:

Kansas State Department of Education, Seclusion Information: http://www.ksde.org/Default.aspx?tabid=3119

Kansas State Department of Education, March 13, 2007, Minutes adopting policies regarding seclusion rooms: http://www.ksde.org/Default.aspx?tabid=36&ctl=Details&mid=1030&ItemID=85

Kansas State Department of Education Meeting Nov 2009 meeting material, page 57: http://www.ksde.org/Default.aspx?tabid=427

Kansas State Department of Education, Special Education Seclusion Update for 2008-2009: http://www.ksde.org/LinkClick.aspx?fileticket=RdjaqHAB7Yo%3D&tabid=3119&mid=6970&forcedownload=true

Kansas State Department of Education, Seclusion of Students with Disabilities: Year End Report 2008-2009: http://www.ksde.org/LinkClick.aspx?fileticket=U9Sv%2fxwXO2Y%3d&tabid=3119&mid=6970&forcedownload=true

National Zogby Survey Reveals Trends in School Violence

Wisconsin, November 17, 2009

Crisis Prevention Institute, the world's leading training organization specializing in the safe management of disruptive and assaultive behavior, today announced the results of a nationwide survey conducted by Zogby International, which revealed that a majority of K-12 school teachers believe their classrooms are more prone to violence than they were five years ago.

Over 55 percent of the teachers surveyed said their schools are more likely to experience disruptive behavior, with 76 percent experiencing verbal confrontations, 65 percent experiencing school fights and 36 percent witnessing abuse of a staff member in the past year.

Read the rest of the story here.

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Copy and paste URL: http://www.prnewswire.com/news-releases/national-zogby-survey-reveals-trends-in-school-violence-70298127.html

Trying to Stay Positive: Advocating for Behavioral Supports

New Jersey, Fall 2009

Two troubling national studies about the use of restraint and seclusion on school children have disability advocates more hopeful than ever that a new federal law will soon restrict these practices to emergency use only.

But some educators, parents, and specialeducation providers who operate schools for children with disabilities oppose such regulation. They argue that restraints and seclusion are therapeutic tools that are frequently needed to prevent some children from hurting themselves or others.

“This is an incredibly complex, contentious issue,” said Joseph Young, executive director of Disability Rights New Jersey. “Our best hope may be to broker an understanding everyone can live with. Then, if a federal law comes about, it would be a bonus.”

Read the rest along with information on other behavioral topics here.

Copy and paste URL: http://www.njcdd.org/Publications/PeopleFamilies/P&F_FALL_09V3No4_Pg1toPg14.pdf

Stand Against Corporal Punishment

Corporal punishment -- most often, paddling -- can cause deep bruising or other lasting physical or mental injury. Furthermore, it creates a violent, degrading school environment in which all students -- and particularly students with disabilities -- may struggle to succeed.

According to a new report by the ACLU and Human Rights Watch, students with disabilities -- who have a right to appropriate, inclusive educational programs that give them the opportunity to thrive -- are subjected to corporal punishment at disproportionately high rates. Read the ACLU’s report here.

The use of corporal punishment in US public schools must end. There are positive, non-violent approaches to school discipline that have been proven to lead to safe environments in which children can learn.

Take action here.

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Copy and paste URLs:

Take action: https://secure.aclu.org/site/SPageServer?pagename=Nat_CorpPunishment_Support_Statement
Report: http://www.aclu.org/human-rights/corporal-punishment-children

COPAA Releases Report

COPAA, May 5, 2009

COPAA RELEASES REPORT DETAILING 143 INCIDENTS OF AVERSIVE INTERVENTIONS IN SCHOOL PROGRAMS: In Majority of Cases, Parents Had Not Consented, Schools Did Not Provide Comprehensive Positive Behavioral Intervention Plans

May 5, 2009

The Council of Parent Attorneys and Advocates, Inc. (COPAA) today released a report asking Congress to stop the use of restraints, seclusion, and aversives upon children with disabilities in school. The report entitled, Unsafe In The Schoolhouse: Abuse Of Children With Disabilities, details 143 incidents of the use of abusive interventions against children with disabilities in school. The report also includes suggested legislative remedies.

The Council of Parent Attorneys and Advocates (COPAA) is a national nonprofit organization of parents, advocates, and attorneys who work to protect the civil rights of children with disabilities and ensure that they receive appropriate educational services. We have over 1200 members in 47 states and the District of Columbia. Our members see the successes and failures of special education through thousands of eyes, every day of every year.

No child should be subject to abuse in the guise of education. Every child’s dignity and human rights must be respected. Abusive interventions are neither educational nor effective. They are dangerous and unjust. Congress should act swiftly to adopt national legislation to protect children with disabilities. Thirty miles and a state border should not determine whether a child receives comprehensive protection or little protection.

In March-April 2009, we conducted a survey that identified 143 cases in which children were subjected to aversive interventions. We received reports of children subject to prone restraints; injured by larger adults who restrained them; tied, taped and trapped in chairs and equipment; forced into locked seclusion rooms; made to endure pain, humiliation and deprived of basic necessities, and subjected to a variety of other abusive techniques. The most recent report involved events revealed only in the last month: a father learned that his 8 year old son was restrained 60 times over a 9-10 month period.

Of the survey respondents, 71% had not consented to the use of aversive interventions; 16% had, but many believed the interventions would only be used in limited circumstances where there was an imminent threat of injury. Moreover, 71% reported that the children in involved did not have a research-based positive behavioral intervention plans; 10% did (but parents often said that the plan was not followed). 84% of children restrained were under 14 years of age, with 53% aged 6-10.

The use of abusive interventions primarily occurred in segregated disability-only classrooms or in private seclusion rooms, away from the eyes of witnesses, with only 26% of the respondents reporting incidents in the regular classroom. Almost every disability category was represented: Autism/Asperger’s Syndrome (cited by 68% of the survey respondents), ADD/ADHD (27%); Developmental Delay, Emotional Disturbance, Intellectual Disability and Speech/Language Impairment (14%-20% of respondents); Specific Learning Disabilities (11%), and others. Many parents also indicated that their children had Down Syndrome, epilepsy, Tourette Syndrome and other specific conditions.

Among the incidents of abuse reported to COPAA are these:

9 year old boy with autism in Tennessee was restrained face-down in his school's isolation room for four hours. One adult was across his torso and another across his legs, even though he weighed only 52 pounds. His mother was denied access to him, as she heard him scream and cry. He received bruises and marks all over his body from the restraints. He was released to his mother only after she presented a due process hearing notice under the IDEA.

The teacher of a 15 year old Californian with Down Syndrome reported to his parents that he had been confined inside a closet with an aide as in-school suspension. The teacher was concerned about the confinement and believed it to be wrong. Although the child had a behavioral intervention plan, the school district did not follow it. He was in the closet all day. He was only allowed out to go to the bathroom, causing extreme humiliation as he walked in front of his classmates.

An 11 year old South Carolinian girl was being restrained with beanbags on the floor, and the school attempted to use a straightjacket restraint on her. As a result of advocacy by her attorneys, the restraints were terminated. Her curriculum was changed to be more age appropriate because her behaviors likely resulted from being bored with curriculum. A new crisis plan was put into place to avoid restraint: if the student became aggressive toward staff, the staff would break away from the student and briefly leave the classroom. Using this plan, the child quickly calmed down and went to her desk area. Previously, the school district had requested that the parent take the child home early on regular basis; parents report this has not happened for the last 2 months. With the new behavioral plan, the child has made substantial progress in school.
The report includes a summary of all 143 incidents.

COPAA applauds the school teachers, personnel, administrators, and education leaders who join us in rejecting the use of restraints, seclusion, and aversives and in providing Positive Behavioral Supports (PBS). At the same time, we stress the importance of adopting effective laws to keep children safe. These include mandatory PBS, statutory prohibitions on the use of restraints, seclusion, and aversives, and strong enforcement mechanisms to hold school district accountable for violations.

Congress should act immediately to ban prone and mechanical restraints, all restraints that interfere with breathing, locked seclusion rooms, and the application of painful aversives. In addition, physical restraint may only be permitted when there is an imminent threat of serious injury to self or others. School districts and their personnel must be held accountable for any violations of the law, and parents must have all legal remedies to pursue justice. All children must receive comprehensive positive behavioral intervention plans, and schools must provide training on PBS, the harms of aversive interventions, and the applicable legal requirements. Schools must also monitor and report the number of aversive interventions. The public policy recommendations are discussed in greater detail in the full report.

The full report, including the 143 incidents of abusive interventions in school and COPAA’s legislative recommendations, is available here.

We salute all organizations, parents, advocates, and professionals who have long worked to combat the use of aversive interventions. In particular, we wish to recognize the members of The Alliance to Prevent Restraint, Aversive Interventions and Seclusion (APRAIS), to which COPAA belongs. We thank every person who reported an incident of abuse to COPAA and we thank everyone who publicized the survey; it is your work that made this possible. Special thanks to COPAA members Doug Loeffler, Diane Willcutts, Becca Devine, and Kathleen Loyer for helping summarize the 143 incident reports, Marcie Lipsitt for proofreading, and to Bob Berlow, Leslie Seid Margolis, Judith Gran, and Denise Marshall for their analytical assistance in reviewing drafts of the report.

--Jessica Butler
Government Relations Co-Chair (Congressional Affairs)
Council of Parent Attorneys & Advocates, Inc. (COPAA)
(410)372-0208
govrelations@copaa.org

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Copy and paste URLs:
http://www.copaa.org/news/unsafe.html
http://www.copaa.org/pdf/UnsafeSchoolhouseCOPAAwithAppendixMay09.pdf

Thinking Outside the Box

Blogland, March 1, 2009

There are two old sayings that come to mind when I think of seclusion rooms. One's an old Japanese saying-"The nail that sticks up get's hammered down." The other one's a saying that's commonly used in surgery-"When all you've got is a hammer, everything looks like a nail."

I think that both of these principles have come to govern the use of seclusion and restraints in special education. For too many years, in too many places, children who have occasional outbursts in schools have been seen as disruptions, nuisances, drains on resources, undisciplined, bad, and generally problems to be controlled. And the tools that have been most often resorted to to remedy the situation have been the ones seen to be most expedient-the use of restraints and seclusion rooms.

It was recognized over 50 years ago in psychiatric hospitals that use of seclusion rooms and restraints increased, rather than decreased, the incidence of behaviors. Why, then, does the use of these rooms persist into modern times in schools?

Read the rest of the post here.

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Copy and paste URL: http://club166.blogspot.com/2009/03/thinking-outside-box.html

An Immediate and Intervening Action Plan for Parents

Parents with children with disabilities should read this and take action now to protect their child, even if their child has not been subjected to restraint and seclusion.

Comprehensive List of Publications

You will find a comprehensive list of books, articles, and publications regarding the use of restraint and seclusion at the APRAIS website.

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Copy and paste URL: http://aprais.tash.org/publications.htm

In the Name of Treatment: A Parent's Guide to Protecting Your Child From the Use of Restraint, Aversive Interventions, and Seclusion

In the Name of Treatment: A Parent's Guide to Protecting Your Child From the Use of Restraint, Aversive Interventions, and Seclusion, a publication (pdf) developed by APRAIS.

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Copy and Paste URL:

http://www.tash.org/dev/tashcms/ewebeditpro5/upload/In_the_Name_of_Treatmentfinal.pdf

REPORT -- NDRN: Seclusion and Restraint in U.S. Schools

Read the national report regarding restraint and seclusion, released on January 13, 2009, here.

News article here.

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URLS for copy and paste:

http://s3.amazonaws.com/propublica/assets/docs/NDRN_schools_report.pdf

http://www.propublica.org/article/report-on-lack-of-regs-for-restraint-of-disabled-children-090113#7222

Facts on Traumatic Stress and Children with Developmental Disabilities

A 2004 publication regarding traumatic stress and children with developmental disabilities.

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Copy and paste URL:

http://www.nctsn.org/nctsn_assets/pdfs/reports/traumatic_stress_developmental_disabilities_final.pdf