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NDSC Governmental Affairs Newsline
April 17, 2014

Introduction


As you may know, NDSC is a founding member of the Alliance to Prevent Restraint, Aversive Interventions and Seclusion (APRAIS), which was established in 2004.  The coalition consists of leading education, research and advocacy organizations to protect children with significant disabilities, who may exhibit challenging behaviors, from abuse in schools, treatment programs and residential facilities. We have been working to:
  • Raise awareness of the dangers of these interventions among parents, educators, health care providers, policymakers and the public through education, research and advocacy.
  • Educate families of children with disabilities about Positive Behavior Support and help them to understand their rights and the steps they can take to protect their children from abusive practices.
  • Eliminate loopholes in current legislation and regulations that permit the use of these interventions in schools and treatment facilities, and propose alternative language that promotes Positive Behavior Support.
  • Encourage nationwide adoption of laws and regulations to strengthen school-based monitoring, reporting and investigation into illegal and dangerous practices and provide support for enforcement through the federally-mandated Protection & Advocacy Systems.
On February 17, 2014 Senator Tom Harkin (Chair, Health, Education, Labor, and Pensions [HELP] Committee) introduced the Keeping All Students Safe Act, S.2036. The bill will establish minimum standards protecting all children from dangerous restraint and seclusion in school. 

The bill will do the following:
  • Shift the focus in schools to preventing problematic behavior through comprehensive evidence-based positive behavioral interventions and supports. 
  • Limit physical restraint to emergencies threatening serious physical harm. 
  • Ban seclusion.
  • Ban the most dangerous forms of restraint, including those that impede breathing; dangerous chemical and mechanical (straps, ties, duct tape, locking chairs) restraint; restraint that impedes communication; and restraint that is contraindicated.
  • Ban aversives that threaten health and safety. 
  • Require prompt parental notification on the day that the event occurs, so parents will know what is happening to their child. 
  • Enable parents to go to court for an injunction and other relief to end restraint and seclusion in violation of the law, without exhausting their administrative remedies under IDEA.
The Keeping All Students Safe Act will strengthen protections in every state for every child.  The bill is cosponsored by Senator Chris Murphy (CT), Senator Tammy Baldwin (WI), and Senator Mazie Hirono (HI).  The text of the bill may be found at:  http://hdl.loc.gov/loc.uscongress/legislation.113s2036


Senate Help Committee Report  
 
Earlier in February, Senator Harkin released an investigative report about the dangers of restraint and seclusion, Dangerous Use of Seclusion and Restraints in Schools Remains Widespread and Difficult to Remedy: A Review of Ten Cases,
http://www.help.senate.gov/imo/media/doc/Seclusion%20and%20Restraints%20Final%20Report.pdf
It demonstrated that parents cannot redress and prevent the use of seclusion and restraint under current law -- even when their children have been killed, injured, and traumatized. It demonstrates that too frequently, parents are not told of these practices, often with dangerous consequences.

This report was released immediately prior to the reintroduction in the Senate of the Keeping all Students Safe Act (S.2036). 

State Resources

The updated version of How Safe Is The Schoolhouse? An Analysis of State Seclusion and Restraint Laws and Policies, written by Jessica Butler and published by the Autism National Committee, is available online. The January 20, 2014 report contains updated information on state restraint and seclusion statutes, regulations, and policies. It is available at http://www.autcom.org/pdf/HowSafeSchoolhouse.pdf

This report is a comprehensive document that should be useful to parents who want to become knowledgeable about the restraint and seclusion practices in their states.

How Safe is the Schoolhouse is updated twice a year. The next update will be in Summer, 2014, when several state legislative sessions end. The purpose of How Safe is the Schoolhouse is to analyze and compare state restraint and seclusion laws and guidance and provide information on trends and adoption of particular features in states.  For people who simply want to quickly see brief highlights of their own state law or policy, there is a sister report, My State's Seclusion & Restraint Laws (http://www.autcom.org/pdf/MyStateRestraintSeclusionLaws.pdf).
NDSC envisions a world with equal rights and opportunities for people with Down syndrome.


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