{"id":1860,"date":"2009-12-11T12:17:20","date_gmt":"2009-12-11T16:17:20","guid":{"rendered":"http:\/\/www.wrightslaw.com\/blog\/?p=1860"},"modified":"2009-12-11T12:43:16","modified_gmt":"2009-12-11T16:43:16","slug":"something-is-very-wrong-when-our-children-are-at-risk-in-school","status":"publish","type":"post","link":"https:\/\/www.wrightslaw.com\/blog\/something-is-very-wrong-when-our-children-are-at-risk-in-school\/","title":{"rendered":"&#8220;Something is Very Wrong When Our Children Are at Risk in School&#8221;"},"content":{"rendered":"<div style=\"padding-bottom:20px; padding-top:10px;\" class=\"hupso-share-buttons\"><!-- Hupso Share Buttons - https:\/\/www.hupso.com\/share\/ --><a class=\"hupso_pop\" href=\"https:\/\/www.hupso.com\/share\/\"><img decoding=\"async\" src=\"https:\/\/static.hupso.com\/share\/buttons\/gallery\/share-button-gray.png\" style=\"border:0px\" alt=\"Share\" \/><\/a><script type=\"text\/javascript\">var hupso_services=new Array(\"Twitter\",\"Facebook\",\"Google Plus\",\"Pinterest\",\"Linkedin\",\"StumbleUpon\",\"Digg\",\"Reddit\",\"Bebo\",\"Delicious\");var hupso_icon_type = \"labels\";var hupso_background=\"#FFFFFF\";var hupso_border=\"#FFFFFF\";var hupso_image_folder_url = \"\";var hupso_twitter_via=\"wrightslaw\";var hupso_url=\"\";var hupso_title=\"%22Something%20is%20Very%20Wrong%20When%20Our%20Children%20Are%20at%20Risk%20in%20School%22%20\";<\/script><script type=\"text\/javascript\" src=\"https:\/\/static.hupso.com\/share\/js\/share.js\"><\/script><!-- Hupso Share Buttons --><\/div><p>A 14-year old student in a special education classroom in Texas, Cedric lived with a foster family because of a history of neglect, including malnutrition. One day in 2002, his teacher tried to punish him by withholding food, despite the abuse he had suffered as a young child.<\/p>\n<p>Cedric&#8217;s teacher delayed his lunch for hours to discipline him for not doing his work. When he didn&#8217;t comply with her demands, his teacher put him in a face-down restraint and sat on him in front of his classmates. Cedric said repeatedly that he could not breathe. He died minutes later on the classroom floor as his terrified classmates watched. <!--more--><\/p>\n<p>Cedric&#8217;s tragic story isn&#8217;t an isolated case in America&#8217;s schools.<\/p>\n<p>In California cas, Paige, a young girl with Asperger&#8217;s syndrome, was restrained because she was wiggling her loose tooth. Her mother, who had never consented to physical interventions, did not know her daughter was being restrained frequently until her daughter came home with bruises. (see <span style=\"color: #000080;\">Outlaw child abuse in schools,<\/span>&#8221; link below).<\/p>\n<p>Local newspapers recount chilling stories of children tied to chairs, children whose mouths are taped shut, children locked in dark closets, and children pinned to the floor for hours (see <a title=\"Video shows teacher throwing a child into a seclusion room \" href=\"https:\/\/www.wrightslaw.com\/blog\/?p=1229\"><span style=\"color: #000080;\">Teacher Fired, Isolation Room Closed, Lawsuit Pending<\/span><\/a> and\u00a0 <a title=\"Physical Restraint of Medically Fragile Child\" href=\"https:\/\/www.wrightslaw.com\/blog\/?p=1471\"><span style=\"color: #000080;\">Physical Restraint of Medically Fragile Child<\/span><\/a>).<\/p>\n<p>What would happen if parents treated their children this way?<\/p>\n<p><strong><span style=\"color: #000080;\">Disability Rights Report on Child Abuse in School Triggers GAO Investigation<br \/>\n<\/span><\/strong><br \/>\nIn January 2009, George Miller (D-CA), chairman of the House Education and Labor Committee requested an investigation by Government Accountability Office (GAO) after the National Disability Rights Network released a report, <a title=\"School is Not Supposed to Hurt\" href=\"http:\/\/www.napas.org\/sr\/SR-Report.pdf\"><span style=\"color: #000080;\">School is Not Supposed to Hurt<\/span><\/a>, that highlighted these abuses.<\/p>\n<p>In May, the\u00a0<a title=\"GAO Report on Abuse in Schools\" href=\"http:\/\/www.gao.gov\/htext\/d09719t.html\"> <span style=\"color: #000080;\">GAO released a\u00a0 report<\/span><\/a> that documented thousands of children being abused at school. In some cases, school staff used ropes, duct tape, chairs with straps and bungee cords to restrain or isolate young children. Although restraint and seclusion should only be used in situations of imminent danger, the GAO found that:<\/p>\n<ul>\n<li> many school staff who use restraint and seclusion have not been trained<\/li>\n<\/ul>\n<ul>\n<li>restraint and seclusion are used as routine discipline, not in response to an emergency<\/li>\n<\/ul>\n<ul>\n<li>restraint can be fatal when it restricts breathing<\/li>\n<\/ul>\n<ul>\n<li>most abused children had disabilities; some died.<\/li>\n<\/ul>\n<p><span style=\"color: #000080;\"><strong>Preventing Harmful Restraint and Seclusion Act (H.R. 4247) <\/strong><br \/>\n<\/span><br \/>\nOn Wednesday, December 9,\u00a0 <a title=\"Introducing Preventing Abuse Act\" href=\"http:\/\/edlabor.house.gov\/blog\/2009\/12\/preventing-harmful-restraint-a.shtml\"><span style=\"color: #000080;\">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)<\/span><\/a>. This legislation\u00a0 is intended to protect children from the harmful use of restraint and seclusion at school. Senator Chris Dodd D-CT) introduced companion legislation in the Senate.<\/p>\n<p><span style=\"color: #000080;\"><strong>C<\/strong><strong>hildren Suffering Abuse and Torture in Their Classrooms<\/strong><\/span><\/p>\n<p>\u201cSomething is very wrong when our children are at risk in their own classrooms,\u201d said Miller. \u201cIn some cases, the abuses these kids are suffering are nothing short of torture inflicted at the hands of the very staff we entrust with their safety.\u201d<\/p>\n<p>&#8220;The GAO found that children&#8217;s lives was threatened, even when they were not a threat to others. This behavior, in some instances, looks like torture. The current situation is unacceptable and cannot continue. Today is a critical first step toward finally ending this nightmare of abuse and ensuring that all classrooms are safe for students, their teachers, and the entire school communities.\u201d<\/p>\n<p>Senator Dodd said, \u201cThe tragedies associated with the inappropriate use of seclusion and restraint are not only unacceptable, they are unconscionable &#8230;<\/p>\n<p>&#8220;There is no place in our schools for torture, and we need clear standards for the use of tactics that lead to the physical and psychological abuse of children.\u00a0This legislation will set clear guidelines so that children and educators alike can be sure of a safe learning environment.\u201d<\/p>\n<p><span style=\"color: #000080;\"><strong>Federal Laws Do Not Protect Children from Abuse at School<\/strong><\/span><\/p>\n<p>Unlike hospitals and other medical and community-based facilities that receive federal funding, federal laws do not address restraint and seclusion in schools.<\/p>\n<p>The Children\u2019s Health Act of 2000 regulates how and when restraint and seclusion can be used on children in hospitals, and other medical settings. Schools are not covered under that law.<\/p>\n<p>Because there are no federal standards,\u00a0 most states do not protect children from abuse at school and do keep records of restraints and seclusion. Nor do the states provide training in behavioral interventions for school staff. Many states have no regulations at all. What happens? Children are vulnerable and at-risk, school staff are untrained.<\/p>\n<p>The <a title=\"Text of proposed law\" href=\"http:\/\/edlabor.house.gov\/documents\/111\/pdf\/legislation\/HR4247Seclusion_Restraint.pdf\"><span style=\"color: #000080;\">Preventing Harmful Restraint and Seclusion in Schools Act (H.R. 4247)<\/span><\/a> will establish federal standards to protect students from misuse of restraint and seclusion. The law will apply to public schools, private schools and preschools that receive federal education support. The Education and Labor Committee plans to mark up the bill early next year.<\/p>\n<p>As usual, the devil is in the details.<\/p>\n<p>Is this bill as good as it needs to be? What changes should Congress make in the Bill to improve it?<\/p>\n<p>Next week, we will publish a comprehensive article about the <strong>Protecting Harmful Restraint and Seclusion in Schools Act<\/strong>. If you <a title=\"Subscribe to Special Ed Advocate newsletter\" href=\"http:\/\/https:\/\/www.wrightslaw.com\/subscribe.htm\">subscribe to The Special Ed Advocate<\/a>, you will receive a link to that article and additional\u00a0 information about this Bill<br \/>\n.<br \/>\nTo view a fact sheet on the legislation, <span style=\"color: #000080;\">c<a title=\"Fact Sheet on Abuse &amp; Seclusion in Schools\" href=\"http:\/\/edlabor.house.gov\/blog\/2009\/12\/preventing-harmful-restraint-a.shtml\">lick here.<\/a><\/span><\/p>\n<p>Full text of the GAO Report, <a title=\"Seclusion and Restraints in Schools by the GAO\" href=\"http:\/\/www.gao.gov\/htext\/d09719t.htmclsl\"><span style=\"color: #000080;\">Seclusions And Restraints: Selected Cases of Death and Abuse ta Public and Private Schools and Treatment Centers<\/span><\/a><span style=\"color: #000080;\">.<\/span><\/p>\n<p><span style=\"color: #000080;\"><a title=\"Outlaw Child Abuse in Schools (Op Ed by Reps. Miller\" href=\"http:\/\/www.cnn.com\/2009\/OPINION\/12\/08\/miller.mcmorrisrodgers.childabuse.legislation\/index.html\"><span style=\"color: #000080;\">Outlaw Child Abuse in Schools<\/span><\/a> (Op-Ed<em> <\/em><\/span><em>y George Cathy McMorris Rodgers, <\/em><\/p>\n<p><a title=\"Video shows teacher throwing a child into a seclusion room \" href=\"https:\/\/www.wrightslaw.com\/blog\/?p=1229\"><span style=\"color: #000080;\">Teacher Fired, Isolation Room Closed, Lawsuit Pending<\/span><\/a>. This video from a school surveillance tape shows a teacher dragging a 14 year boy down a hallway and throwing him into a seclusion room. Surely, other school staff member are aware of these incidents. Why are they silent?<\/p>\n<p><a title=\"Abuse, Restraints and Seclusion in Schools\" href=\"https:\/\/www.wrightslaw.com\/info\/abuse.index.htm\"><span style=\"color: #000080;\">Abuse, Restraints and Seclusion in School <\/span><\/a>&#8211; Comprehensive listing of articles, reports, position papers, school abuse cases, and information about positive behavioral support.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>A 14-year old student in a special education classroom in Texas, Cedric lived with a foster family because of a history of neglect, including malnutrition. One day in 2002, his <a class=\"more-link\" href=\"https:\/\/www.wrightslaw.com\/blog\/something-is-very-wrong-when-our-children-are-at-risk-in-school\/\">Continue Reading \u2192<\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"om_disable_all_campaigns":false,"_monsterinsights_skip_tracking":false,"_monsterinsights_sitenote_active":false,"_monsterinsights_sitenote_note":"","_monsterinsights_sitenote_category":0,"_uf_show_specific_survey":0,"_uf_disable_surveys":false,"footnotes":""},"categories":[1368,3,1370,1363,7,92,1276],"tags":[206,454,458,453,1315,455,338,459],"class_list":["post-1860","post","type-post","status-publish","format-standard","hentry","category-abuse-restraints","category-advocacy","category-discipline-behavior","category-discrimination-section-504-adaa","category-legal-news","category-restraints","category-seclusion","tag-abuse","tag-hr-4247","tag-isolation","tag-preventing-harmful-restraint-and-seclusion-in-schools-act","tag-restraints","tag-school-abuse","tag-seclusion","tag-timeout-rooms"],"aioseo_notices":[],"_links":{"self":[{"href":"https:\/\/www.wrightslaw.com\/blog\/wp-json\/wp\/v2\/posts\/1860","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.wrightslaw.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.wrightslaw.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.wrightslaw.com\/blog\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.wrightslaw.com\/blog\/wp-json\/wp\/v2\/comments?post=1860"}],"version-history":[{"count":17,"href":"https:\/\/www.wrightslaw.com\/blog\/wp-json\/wp\/v2\/posts\/1860\/revisions"}],"predecessor-version":[{"id":1870,"href":"https:\/\/www.wrightslaw.com\/blog\/wp-json\/wp\/v2\/posts\/1860\/revisions\/1870"}],"wp:attachment":[{"href":"https:\/\/www.wrightslaw.com\/blog\/wp-json\/wp\/v2\/media?parent=1860"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.wrightslaw.com\/blog\/wp-json\/wp\/v2\/categories?post=1860"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.wrightslaw.com\/blog\/wp-json\/wp\/v2\/tags?post=1860"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}