Restraint & Seclusion Prevention Bill Introduced in Congress Today
Senators Tom Harkin (D.IA) and Chris Murphy (D.CT) today introduced the Keeping All Students Safe Act, a bill, that if passed, would provide federal protection against the use of abusive restraint and seclusion in schools. Many states have laws that try to curb these practices; however many have loopholes that enable these practices to continue.
NDSC has long supported this type of legislation. In 2006, NDSC was one of the founding members of the APRAIS coalition, which now includes 20 organizations, and whose sole purpose is to prohibit the use of abusive practices and provide information to families and professionals on positive methods that promote a safe learning environment for all students.David Tolleson, Executive Director of NDSC, says, "All children deserve to be safe in their schools. For far too long, students have been restrained and secluded to control behaviors that are not dangerous or harmful. Evidence based positive behavioral interventions, conflict prevention and de-escalation are tools that must be used instead. Though some would claim this is a states' rights issue because it involves educational facilities, the truth is that it's a civil rights issue. Whether or not a child with a disability is safe from abuse at school shouldn't depend on the state in which he or she lives."
Prior to the introduction of the bill today, Senator Harkin highlighted the Government Accountability Office (GAO) report on the use of restraint and seclusion in public schools. In this report, instances of restraint and seclusion use in ten states are highlighted, describing the impact on students and families.
It reveals that parents of students who are restrained or secluded are not notified and highlights difficulties they face, once aware, to end abusive use of these techniques by school staff. This follows a 2009 report, also by the GAO, which drew national attention to this issue. Both reports found abusive practices were occurring in schools throughout the U.S. Both reports also acknowledge that no federal laws exist restricting restraint and seclusion in schools, and state laws vary widely if they exist at all.
The text of the bill is not yet available. However, we will keep readers notified of the progress of the bill and when timely action is needed.