Wrightslaw l No Child Left Behind l IDEA 2004 l Fetaweb l Yellow Pages for Kids l Harbor House Law Press

Home  > Topics > Abuse, Restraints and Seclusion in School


The Special Ed Advocate
It's Unique ... and Free!

Enter your email address below:

 

2014 - 2015 Training Programs

Oct 23 - Wilton, CT

Oct 25 - Olympia, WA

Oct 30 - Phoenix, AZ

Nov. 1 - Grand Rapids, MI

Nov 6 - McAllen, TX

Nov 18 - DesMoines, IA

Nov 21 - Temecula, CA

Dec 4 - OKC, OK

Full Schedule

Be a Hero ...

 Jason at Ft. Benning
... to a Hero
Learn more

Wrightslaw

Home
Topics from A-Z
Free Newsletter
Seminars & Training
Consultations
Yellow Pages for Kids
Press Room
FAQs
Sitemap

Books & Training

Wrightslaw Books & DVDs
Wrightslaw Storesecure store lock
  Advocate's Store
  Student Bookstore
  Exam Copies
Training Center
Bulk Discounts
New! Military Discounts
Mail & Fax Orders

Advocacy Library

Articles
Doing Your Homework
Ask the Advocate
FAQs
Newsletter Archives
Summer School Series
Success Stories
Tips

Law Library

Articles
Caselaw
IDEA 2004
No Child Left Behind
McKinney-Vento Homeless
FERPA
Section 504
Fed Court Complaints

Topics

Advocacy
ADD/ADHD
Allergy/Anaphylaxis
Assistive Technology
Autism Spectrum
Behavior & Discipline
Bullying
College/Continuing Ed
Damages
Discrimination
Due Process
Early Intervention (Part C)
Eligibility
ESY
Evaluations
FAPE
Flyers
Future Planning
Harassment
High-Stakes Tests
Homeless Children
IDEA 2004
Identification & Child Find
IEPs
ISEA
Juvenile Justice
Law School & Clinics
Letters & Paper Trails
LRE/Inclusion
Mediation
Military / DOD
No Child Left Behind
NCLB Directories
NCLB Law & Regs
Parental Protections
PE and Adapted PE
Privacy & Records
Procedural Safeguards
Progress Monitoring
Reading
Related Services
Research Based Instruction
Response to Intervention (RTI)
Restraints/Abuse
Retention
Retaliation
School Report Cards
Section 504
Self-Advocacy
Teachers & Principals
Transition
Twice Exceptional (2e)
VA Special Education

Resources & Directories

Advocate's Bookstore
Advocacy Resources
Directories
  Disability Groups
  International
  State DOEs
  State PTIs
Free Flyers
Free Pubs
Free Newsletters
Legal & Advocacy
Glossaries
   Legal Terms
   Assessment Terms
Best School Websites

 

Abuse, Restraints and Seclusion in School
Legislative Advocacy
Use of Restraints as Discipline l Physical & Sexual Abuse l Time Out/Seclusion
Positive Behavior Support (PBS) l Protection & Advocacy
Resources l Publications l Cases
l Legislative Advocacy

Print this page

May 9, 2013: Restraint/Seclusion Bill Introduced in U.S. House of Representatives

Congressman George Miller (D-CA), ranking member of the House Education & Workforce Committee and Congressman Gregg Harper (R-MS) introduced the Keeping All Students Safe Act, HR 1893, a bill to protect all students nationwide from restraint and seclusion.

We salute and applaud them for their leadership in working to ensure that all students receive positive behavioral supports rather than be subjected to these dangerous practices.

Thanks to everyone who signed onto the letter from 200 organizations in support of the bill. The letter was shared with members of Congress by Congressman Miller's staff in advance of introduction.

This is a summary of important points about the Keeping Students Safe Act, HR 1893, and reasons to support it.

Please contact your members of Congress and ask them to Cosponsor and Support the Keeping All Students Safe Act, HR 1893. Dial 202-224-3121; ask for your Representative’s Office, and then ask for the education aide. If you are unable to call and need to use email, go to http://bit.ly/RepWrit. (You can also find your Representative’s name here.) But please try to call if you can. I have attached a copy of the bill.

Wrightslaw Legislative Advocacy Alert: May 14, 2013

Updated May 2013! How Safe Is The Schoolhouse? An Analysis of State Seclusion and Restraint Laws and Policies (PDF) by Jessica Butler. This Report has been updated to include changes made in 2012 and early 2013 to state restraint and seclusion laws and policies and more fully discusses laws applicable to all children. Get a bullet point overview of the information and the status of all state seclusion and restraint policies.

Restraint and Seclusion Resource Document. (May 2012, US DOE) Describes 15 principles to consider when states, localities, and districts develop policies and procedures which should be in writing on the use of restraint and seclusion.

Congressman Miller rolls out Seclusion and Restraint webpage. "Beyond Seclusion and Restraint: Creating Positive Learning Environments for All Student," Senate Hearings to be broadcast live, May 17 re-scheduled for June 28, 2012. Restraint Guidelines Endanger Children - from Rep. Gregg Harper (R-MS), co-sponsor of the House Bill H.R. 1381 and a staunch supporter of the need to take action that Keeps All Students Safe in schools.

Alert! 01/24/12. Ask Your Senators to Cosponsor S.2020 - Keeping All Students Safe Act. Find more information about this bill, why it is important and link to a sample email message.

National, State and Local groups are urged to sign on in support of the Act at http://www.surveymonkey.com/s/KeepingAllStudentsSafeAct.

Update: 12/16/11. Keeping All Students Safe Act (s.2020) introduced in the Senate by HELP Chairman Senator Tom Harkin.

Is a Bird in the Hand Really Worth Two in the Bush?

Update: 09/29/10. Senator Dodd introduces a new restraint and seclusion bill, S. 3895, the Keeping All Students Safe Act. Senator Dodd's floor speech from the Congressional Record. The bill was referred to the Senate Health, Education, Labor and Pensions (HELP) committee.

Eye on the Prize - Keeping All Students Safe

Update: 03/03/10. Houses Approves Keeping All Students Safe Act (HR 4247).

By a vote of 262-153, the House passed the bill to protect schoolchildren from harmful restraint and seclusion. This bipartisan bill establishes, for the first time, federal minimum safety standards in schools, preventing harmful restraint and seclusion. The Keeping All Students Safe Act is the first national effort to address this problem.

Proposed Legislation: Preventing Harmful Restraint and Seclusion in Schools Act (H.R.4247), contains a comprehensive overview of the proposed legislation (December 2009) in a new article by Jessica Butler, Esquire

Update: 02/04/10. This morning, the Preventing Harmful Restraint and Seclusion in Schools Act (H.R. 4247) passed out of the House of Representatives Committee on Education and Labor by a vote of 34-10. H.R. 4247 would establish the first federal standards to protect students from misuse of restraint and seclusion, and ensure the safety of everyone in the classroom. The bill will now head to the House floor for a full vote.

Update: 02/02/10. The House Committee on Education and Labor will mark up the Congressional restraint/seclusion bill this Thursday, February 4. During mark-up, the Congressional Committee will consider the bill and any proposed changes, and vote on a bill to send to the House Floor. Read more.

Should IEPs Include Restraint and Seclusion? 10 Minute Activist: Tell Congress!

Track the bill - select "Bill Number" and enter H.R.4247

Abusive Interventions: Timeline and Actions

Alert! New Law to Prevent Abuse in Schools. On Wednesday, December 9, 2009, George Miller (D-CA), chairman of the House Education and Labor Committee and Cathy McMorris Rodgers (R-WA) introduced the Preventing Harmful Restraint and Seclusion in Schools Act (H.R. 4247). This legislation  is intended to protect children from the harmful use of restraint and seclusion at school.
Link to this Alert: http://www.wrightslaw.com/nltr/09/al.abuse.hr4247.htm

New Report! - Seclusions and Restraints (pdf) from the US Goverment Accountability Office (GAO-09-719T). Selected Cases of Death and Abuse at Public and Private Schools and Treatment Centers. Testimony Before the Committee on Education and Labor, House of Representatives. 05/19/09 (Accessible text format)

New Complaint! - Complaint filed in Disability Rights of NC v. Wake Co Bd of Ed and Robert Sturey in abuse & restraints case (pdf) 09/16/08

Children with disabilities are sometimes left open to potential abuse when those who are charged with their care do not understand the difference between "bad behavior" and "behavior as communication". The term "behavior as communication" refers to a child's effort to communicate dislikes, needs, desires, etc. but cannot do so because of a communication deficit (ie. no speech, limited speech). Sometimes happiness can look the same as sadness, anger the same as excitement...emotions can be very hard to distinguish.

When a child's "behavior" is seen merely as bad behavior and not as an effort to communicate, the child can become even more frustrated thus causing escalation. Adults who are not properly trained to distinguish these "behaviors" or to decipher the "communication" attempts can sometimes escalate the child to a critical point when the use of physical and/or mechanical restraint comes into play.

Imagine that you cannot express your thoughts in a way that others can easily understand. Now, imagine that you are a child who cannot communicate your fears, likes, dislikes, or pain. Imagine being misunderstood constantly. Imagine having others schedule every moment of your life without knowing what you would like to do. This is reality for some children. Is it any wonder that these children get frustrated?

It is essential that parents and school personnel realize that IDEA provides safeguards for these children. If a child's "behavior" gets in the way of his or her education (or that of others), certain steps must be taken in order to ensure FAPE.

"Something is Very Wrong When are Children are Unsafe at School," said
George Miller (D-CA), chairman of the House Education and Labor Committee. On December 9, 2009, Congressman Miller and Cagresswoman Cathy McMorris Rodgers (R-WA) introduced the Preventing Harmful Restraint and Seclusion in Schools Act.

Return to main page - Abuse, Restraints, and Seclusion in Schools

To Top

Created: 05/09/13

Email Newsletter icon, E-mail Newsletter icon, Email List icon, E-mail List icon The Special Ed Advocate: It's Free!

 

Wrightslaw: Special Education Law, 2nd Edition, by Pam and Pete Wright
About the Book

Wrightslaw: All About IEPs
About the Book

Wrightslaw: All About Tests and Assessments
About the Book

Surviving Due Process: Stephen Jeffers v. School Board
About the DVD Video

 

Copyright 1998-2014, Peter W. D. Wright and Pamela Darr Wright. All rights reserved.

Contact Us | Press Mission l Our Awards l Privacy Policy l Disclaimer l Site Map

What's New!

Now Shipping!

Wrightslaw: All About Tests and Assessments
About the Book

Check it out!

Wrightslaw Store

The Advocate's Store

Get Help!

Blog the Wrightslaw

Wrightslaw on Facebook

Find us on Facebook

Wrightslaw Books

Student Discounts

Military Discounts


Wrightslaw: All About IEPs

About the Book
To Order

Wrightslaw: Special Education Law, 2nd Edition, by Pam and Pete Wright
About the Book
To Order


About the Book

To Order


Surviving Due Process: Stephen Jeffers v. School Board

About the DVD Video
To Order


To Order


Wrightslaw: No Child Left Behind

About the Book
To Order

Wrightslaw Multimedia Training


Understanding Your Child's
Test Scores (1.5 hrs)

Understanding Your Child's Test Scores

Learn More
To Order
Retail Price: $
24.95
Wrightslaw Special: $14.95

Special Education Law & Advocacy Training
(6.5 hrs)


Wrightslaw WebEx Special Education Law & Training Program (6.5 hrs)


Learn More
To Order
Retail Price: $99.95
Wrightslaw Special: $49.95