A recent report by the U.S. Government Accountability Office (GAO) revealed hundreds of cases in which children were abused as a result of misuses of seclusion and restraint in public and private schools. Many of these interventions were used disproportionately on some of our most vulnerable students – children with disabilities, including those with emotional or behavioral disorders. Unlike in facilities that receive federal funding, there are no federal laws that address how and when seclusion or restraint can be used in schools. State regulations and oversight vary greatly and have often failed to protect children. Furthermore, many states do not provide any guidance or assistance regarding these behavioral interventions.

A recent Texas Tribune review of state data shows public school educators used physical restraint roughly 100 times a day during the 2007-08 school year, for a total of 18,000 times. Some students were restrained dozens of times. According to that data, more than 40 percent of restrained youth suffered emotional distress, including post-traumatic stress disorder. Furthermore, evidence shows a disproportionate use of these techniques on students with disabilities. These facts underscore the need for more preventive measures in schools, as well as the need for resources and assistance to States to develop plans to reduce the use of these dangerous techniques.

There are numerous alternatives to restraint and seclusion, including positive behavioral intervention and supports and use of other de-escalation techniques. Efforts to reduce restraint and seclusion should be part of a strategy for school-wide safety and should include the development of district-wide policies, training for all educational staff, crisis preparation, interagency cooperation and student/parent participation. Proactive approaches need to be used that are safe, effective, and evidence-based. Research demonstrates that the use of preventative and positive approaches is a cost-saving approach that changes how schools respond to students. It improves student behavior by promoting and reinforcing desired behaviors, and it eliminates the unintended reinforcement of, and need to respond to, problem behaviors.

In March of this year, our area’s Congressman, Michael Arcuri, joined with 261 other Members of the U.S. House of Representatives to pass the Keeping All Students Safe Act (HR 4247/S. 2860). This legislation would prevent and reduce the use of physical restraint and seclusion in schools. The legislation is the first national effort to address this problem and would ensure the safety of all students and school staff. Specifically, the act would establish minimum standards that:

(1) prohibit school personnel from managing student behavior by using any mechanical or chemical restraint or physical restraint that compromises student health and safety;

(2) prohibit such personnel from using physical restraint or seclusion, unless such measures are required to eliminate an imminent danger of physical injury to the student or others;

(3) require States to ensure that a sufficient number of school personnel receive state-approved crisis intervention training and certification in effective student behavioral management techniques;

(4) prohibit physical restraint or seclusion from being written into a student's education plan, individual safety plan, behavioral plan, or individual education program as a planned intervention; and

(5) require schools to establish procedures to notify parents in a timely manner if physical restraint or seclusion is imposed on their child. 

The Keeping All Students Safe Act is currently pending action in the Senate Committee on Health, Education, Labor, and Pensions. Please join me in urging Senator Charles Schumer (1-202-224-6542) and Senator Kirsten Gillibrand (1-202-224-4451) to support this meaningful legislation and to urge its adoption prior to the end of the current legislative cycle.

Access to Independence of Cortland County, Inc. (ATI) is a steadfast, collaborative partner with the Cortland Area Communities That Care Coalition and is dedicated to ensuring that all youth, with and without disabilities, have full and equal access to opportunities for growth and healthy living.

As Cortland County’s foremost disability resource, ATI empowers people to lead independent lives in their community and strives to open doors to full participation and access for all. ATI believes that all people with disabilities should have nothing more, nothing less than equal opportunity. All people have the right to control their own lives, make their own decisions and to participate fully in society.