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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.
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. Learn more about the survey: APRAIS Survey on the Use of Restraints, Aversive Interventions and Seclusion
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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