Restraint and Seclusion News
In January 2009, a report from the National Disability Rights Network (NDRN) identified the abusive use of restraint or seclusion nationwide by school administrators, teachers, and auxiliary personnel, which has resulted in injury, trauma and death to children with disabilities. The report includes two cases investigated by the Ohio Legal Rights Service (OLRS) Ombudsperson section. This section provides updates on changes and activities in restraint and seclusion practices and policies since that report was issued. The most current update is listed first.
March 11, 2010: Office for Civil Rights will collect restraint and seclusion data
The U.S. Department of Education, Office for Civil Rights (OCR) added questions on restraint and seclusion to its Civil Rights Data Collection. OCR will begin collecting restraint and seclusion data this fall. According to an online article from Special Ed Connection, legislators feel that having restraint and seclusion data will provide support for the proposed Keeping All Students Safe Act (HR 4247) since there is currently an absence of such data.
March 3, 2010: House approves restraint & seclusion bill
The House approved the Preventing Harmful Restraint and Seclusion in Schools Act (H.R. 4247) by a vote of 262 to 153. The bill would establish minimum federal standards to limit the physical restraint and seclusion of students in schools.
Read media coverage:
March 2, 2010: Private schools seek to block restraint & seclusion bill:
Disability Scoop reports in an online article that the Council for American Private Education (CAPE) is working to block the federal restraint and seclusion bill. According to the article, CAPE is "concerned that provisions of the bill are too far-reaching and could inhibit a teacher from 'breaking up a schoolyard dust-up' or 'grabbing a child about to dart into the carpool lane at dismissal.' Further, they say private schools should not be subject to this type of federal oversight." Read the article: Ahead Of House Vote, Private Schools Seek Restraint, Seclusion Exemption
March 1, 2010: House to vote on restraint & seclusion bill
The House of Representatives will vote on the Preventing Harmful Restraint and Seclusion in Schools Act (H.R. 4247) this week. This legislation will establish minimum federal standards regarding restraint and seclusion in schools. If you want to contact your Congressional representative, call 202-224-3121 or TTY 202-225-1904.
February 24, 2010: State-by-state report released
Summary of state restraint and seclusion policies released by Department of Education
February 22, 2010: TASH announces National Call-In Day on February 26 to ask for support for the restraint and seclusion bill
TASH, on behalf of APRAIS (Alliance to Prevent Restraint, Aversive Interventions and Seclusion), is asking people with disabilities and advocates to contact Congress and the Senate on Friday, February 22. The purpose is to ask Representatives and Senators to support the Preventing Harmful Restraint and Seclusion in Schools Act (H.R. 4247/S.2860). For more information from TASH: APRAIS
February 22, 2010: TASH, an advocacy organization, releases survey results
TASH, an advocacy organization, released the results of a survey the organization conducted of parents and caregivers of children with disabilities to gather information about experiences with the use of restraints, seclusion and aversive procedures. Read the summary: Restraints, Seclusion and Aversive Procedures (PDF file)
February 17, 2010: Progress in other states to eliminate restraint and seclusion in schools
In Kentucky, a televised news report highlighted a restraint incident involving a 9-year-old boy at school and the need for the Kentucky Department of Education (KDE) to change the state's guidelines on seclusion and restraint in schools. According to Kentucky Protection and Advocacy, the KDE provides some guidance on the use of time-out rooms, but does not have any guidelines on the use of restraint. Read more: Kentucky works towards curbing abuse in public schools
Disability Rights North Carolina (DRNC) released a report detailing DRNC's investigations on the use of prone restraints on student with disabilities in the North Carolina public school system. DRNC states in the report, "With no state or federal laws specifically banning dangerous restraint and seclusion practices, the reforms must be carried out one school system at a time." This report highlights several cases where restraint and/or seclusion was used and emphasizes DRNC's concern that "North Carolina must stop these practices before a student dies." Read more: Seclusion and Restraint: A Dangerous Education
February 9, 2010: Former employees acquitted in prone restraint death
Three former employees of Parmadale Family Services were acquitted of involuntary manslaughter in the death of a 17-year-old during a prone restraint episode. Read more from the Akron Beacon Journal: 3 acquitted in Ohio teen's restraint death
February 4, 2010: Restraint & Seclusion bill passes House committee
The House Education and Labor Committee passed the Preventing Harmful Seclusion and Restraint in Schools Act by a 34-10 vote today. The bill will now go before the full House for consideration and a vote. Read more: Restraint and Seclusion bill passes House Education and Labor Committee
February 2, 2010: News story about how the restraint and seclusion bill came to be
"The Hill" writes about the background of what led to the introduction of the restraint and seclusion bill. Read more: The Story Behind The Bill: Rep. Miller finds school discipline too extreme
February 2, 2010: NDRN releases progress report
The National Disability Rights Network released a follow-up report to its January 2009 investigation, "School is Not Supposed to Hurt." The report updates the progress made in 2009 on reducing or eliminating the use of seclusion and restraint on schoolchildren and developing state and federal regulations. Read more: Update on progress in 2009 to prevent and reduce restraint and seclusion in schools
January 27, 2010: Department of Education to provide state data
Disability Scoop reports that representatives of the U.S. Department of Education will release information about state laws, regulations, policies and guidelines for restraint and seclusion within weeks. Secretary of Education Arne Duncan, according to an article by Disability Scoop, "pledged to have a 'real clear plan' in place in every state for handling restraint and seclusion at the start of the school year." However, that remains to be seen. Pressure from Disability Scoop and other organizations, including the National Disability Rights Network (NDRN) prompted this action by the Department. Read more: Under Pressure, Duncan To Release States' Restraint And Seclusion Policies
January 19, 2010: TASH announces National Call-In Day on January 21 to ask for support for the restraint and seclusion bill
TASH, an advocacy organization, is asking people with disabilities and advocates to contact Congress on Thursday, January 21. The purpose is to tell members of Congress to support the Preventing Harmful Restraint and Seclusion in Schools Act (H.R. 4247/S.2860). For more information from TASH: TASH Action Alert announcement (PDF file)
December 16, 2009: Wrightslaw offers overview of the proposed legislation
Wrightslaw provides an overview of the proposed restraint and seclusion legislation covering the safeguards in the bill, what is prohibited, how it will impact children with disabilities and the requirements for compliance and data reporting. Read the overview: Preventing Harmful Restraint and Seclusion in Schools Act What Does It Mean For Children with Disabilities?
December 15, 2009: Response from education officials
Education officials respond to the introduction of the Preventing Harmful Restraint and Seclusion in the School Act. Read more: Education officials react to the proposed restraint and seclusion legislation
December 14, 2009: Most states yet to take action
Read a report in USA Today: Since hearing, states take little action on restraint in schools
December 11, 2009: U.S. Dept. of Education comments on restraint and seclusion bills
Secretary of Education Duncan, in a letter, applauded Rep. Miller's efforts to address the issue of restraint and seclusion in schools. Duncan also identified a number of principles the Department of Education believes would be useful for Congress to consider on the recently introduced legislation. Read the letter to Rep. Miller from Secretary of Education Duncan (PDF file)
December 9, 2009: Bill introduced on restraint and seclusion in schools
Legislation to prevent harmful restraint and seclusion in schools was introduced today in U.S. Congress and a companion bill in the U.S. Senate. Federal legislation introduced to protect all children in schools from abuse and restraint
September 30, 2009: Parents and guardians asked to take survey on restraint and seclusion in schools and facilities
APRAIS, The Alliance to Prevent Restraint, Aversive Interventions and Seclusion, is a coalition of 17 national disability advocacy organizations and is conducting a research study. Part of the study involves collecting information through a survey of parents and guardians, to establish the extent to which restraint, seclusion and aversive procedures have been used with students with disabilities in public or private schools or residential facilities. The aggregate data from this survey will be published in an academic journal and shared with Congress. [The survey is now closed.]
September 24, 2009: School in Tennessee defends use of seclusion room
The Daily Herald, a newspaper in Tennessee, reported about how school officials claim they followed state law when a teacher put a 9-year-old child in a seclusion room, described as "closet-like space." Read the article: Schools defend isolation rooms
September 12, 2009: 5-year-old twins restrained in Ohio school
An article in the Columbus Dispatch described an incident at a Newark, Ohio school where twins who are in kindergarten were restrained using Velcro straps around their stomachs and bungee strap to keep them from sliding their chairs. Read the article: School wrongly restrained 5-year-old twins, mom says; Newark special-ed class used straps
September 9, 2009: ODJFS requests comments on proposed rule
The Ohio Department of Job and Family Services (ODJFS) is proposing changes to their licensure rules as a result of the Governor's executive order banning the use of prone restraints. Rule 5101:2-5-13 entitled "Required agency policies, plans and procedures" was amended to prohibit prone restraints for an extended period of time, to provide guidance on transitional holds and to eliminate repetitive agency policy requirements. The rule is currently in clearance review and comments will be taken through September 18, 2009. Read the rule: ODJFS Clearances
September 2, 2009: Workers charged with involuntary manslaughter in the death of a 17-year-old girl
Several news sources reported that three former workers of the Parmadale Family Services were charged with involuntary manslaughter in the death of a 17-year-old girl. The death of the girl occurred after being restrained face-down by the workers. Read more: Workers charged with involuntary manslaughter in the death of a 17-year-old girl
August 3, 2009: Ban on prone restraints
Governor Strickland signs an executive order banning the use of prone restraints. Read more: Governor signs executive order to ban prone restraints
August 3, 2009: U.S. Education Secretary directs state education officials to review their state's current policies
U.S. Department of Education Secretary Duncan sent a letter to each state's chief school official encouraging them to "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." Secretary Duncan referred to the policies in Illinois, where the approach focuses on Positive Behavior Intervention and Supports and state regulations that limit the use of seclusion and restraint under most circumstances, as a best practice. The Secretary stated that the Education Department will follow up with each state in August to monitor the status of the development or revision of their policies. Read the letter: Key Policy Letters Signed by the Education Secretary or Deputy Secretary
July 7, 2009: Newspaper report on abuse and restraint
Read an article from the U.S. News and World report on abuse and restraint: Students Suffer Abusive Restraint, GAO Says
July 6, 2009: Newspaper report on abuse and restraint
Read an article from The Wall Street Journal about the call to ban the use of restraints: Federal Ban Sought On Student Restraint.
June 26, 2009: National Autism Association launches campaign about restraint and seclusion in schools
The National Autism Association (NAA), in collaboration with 12 other organizations, launched a campaign in June to encourage people to write letters and to raise awareness about dangerous restraint and seclusion practices in schools. Read more: Autism Organizations Aim to End Restraint and Seclusion in Schools
June 1, 2009: OLRS publishes special edition newsletter on restraint and seclusion
OLRS reports on agency, state and national efforts and activities on restraint and seclusion. Read the newsletter: News from OLRS - Special Edition on Seclusion and Restraint.
May 19, 2009: House Committee on Education and Labor holds hearing
The House Committee on Education and Labor held a hearing to examine abusive and deadly uses of seclusion and restraint in U.S. schools. Examining the Abusive and Deadly Use of Seclusion and Restraint in Schools
May 19, 2009: GAO issues report on use of seclusion and restraints in schools
A report issued by the U.S. Government Accountability Office (GAO) found "no federal laws restricting the use of seclusion and restraints in public and private schools and widely divergent laws at the state level." The GAO investigated hundreds of cases nationwide of alleged abuse and death related to seclusion and restraint and also examined the details of ten restraint and seclusion cases in which there was a criminal conviction, a finding of civil or administrative liability, or a large financial settlement. The report stated that the cases shared the following common themes: they involved children with disabilities who were restrained and secluded, often in cases where they were not physically aggressive and their parents did not give consent; restraints that block air to the lungs can be deadly; teachers and staff in the cases were often not trained on the use of seclusions and restraints; and teachers and staff from at least 5 of the 10 cases continue to be employed as educators. Read the report: Seclusions and Restraints: Selected Cases of Death and Abuse at Public and Private Schools and Treatment Centers
May 5, 2009: COPAA releases report asking Congress to stop the use of restraints, seclusion, and aversives upon children with disabilities in school
The Council of Parent Attorneys and Advocates, Inc. (COPAA) released a report entitled, "Unsafe In The Schoolhouse: Abuse Of Children With Disabilities," detailing 143 incidents of the use of abusive interventions against children with disabilities in school. The report also includes suggested legislative remedies. The report notes that in the majority of cases, parents had not consented to the interventions and that schools did not provide comprehensive Positive Behavioral Intervention plans. Read the press release, COPAA releases report detailing 143 incidents of aversive interventions in school programs, and the report, Unsafe In The Schoolhouse: Abuse Of Children With Disabilities (PDF file)
May 1, 2009: OLRS responds to workgroup's recommendations
OLRS advises interagency workgroup that it is strongly opposed to any type of prone restraint. Read more: OLRS opposes state agencies' recommendation to continue dangerous face-down restraints
January 27, 2009: House Education and Labor Committee Chairman asks GAO to investigate cases of abuse and neglect of children in school
U.S. Rep. George Miller (D-CA), the chairman of the House Education and Labor Committee has asked the U.S. Government Accountability Office (GAO) to further investigate recent reports of seclusion and restraint of children in public and private schools across the country. Miller noted that a prior GAO investigation uncovered thousands of similar cases of abuse at teen residential treatment facilities across the country, leading to the Stop Child Abuse in Residential Programs for Teens Act of 2008 (H.R. 6358). The House Education and Labor Committee will hold a hearing on the issue of abuse and neglect in schools in the coming months. Read the press release: Chairman Miller Asks GAO to Investigate Cases of Abuse and Neglect of Schoolchildren
January 23, 2009: Governor calls for statewide restraint policy
The Cleveland Plain Dealer reports that the Governor has instructed the Ohio Department of Developmental Disabilities (DODD) to head meetings with other state agencies to develop a statewide restraint policy and that the meetings will begin the week of January 26, 2009. Read Cleveland Plain Dealer article: Parmadale death prompts Governor Ted Strickland to seek policy on restraints
January 23, 2009: DODD to coordinate with state agencies a statewide policy on the use of restraints
A memo from the Ohio Department of Developmental Disabilities (DODD) states that the Governor has instructed DODD to coordinate with state agencies to develop a statewide policy on the use of restraints. Read the memo: DODD - Restraint Policy Memo (PDF file)
January 16, 2009: Cleveland Plain Dealer follows up on restraint death
The Cleveland Plain Dealer continued its coverage into the death of a teenage girl who suffocated while being restrained at a center for troubled youth. Read the article: Ohio Legal Rights Service urges state to ban restraint method after teen's death
January 16, 2009: OLRS sends notice to ODE to prohibit restraints
OLRS sent notice to the Ohio Department of Education to enact administrative rules on the use of emergency behavioral interventions and to prohibit restraints that can suffocate individuals. Read the letter: OLRS letter to ODE (PDF file)
January 15, 2009: Cleveland Plain Dealer calls for Ohio to adopt one policy on the use of restraints
An editorial in the Cleveland Plain Dealer, in response to the death of a teenage girl who suffocated while being restrained at a center for troubled youth, cites Ohio's lack of communication among state agencies on policies as a contributing cause of the child's death. Read the article: Ohio's lack of wisdom, poor communication cost teen her life
January 13, 2009: OLRS urges ODJFS to ban the use of prone restraints
OLRS sent notification to ODJFS to prohibit the use of prone restraints (PDF file), and urged other state department directors to act immediately to prohibit prone restraints in all settings. Read more: OLRS calls for a ban on the use of prone restraints
January 13, 2009: NDRN releases report on seclusion and restraint in schools
A report from the National Disability Rights Network (NDRN) identifies the abusive use of restraint or seclusion nationwide by school administrators, teachers, and auxiliary personnel, which has resulted in injury, trauma and death to children with disabilities. The report includes two cases investigated by the OLRS Ombudsperson section. Read NDRN's report: School is Not Supposed to Hurt: Investigative Report on Abusive Restraint and Seclusion in Schools (PDF file)
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