 On May 19, the U.S. House of Representatives’ Education and Labor Committee held a hearing on the use of seclusion and restraints in schools. Seclusion, in this context, means the act of involuntarily confining a student in an area by himself or herself. Restraints are used to restrict an individual’s freedom of movement.
As a Government Accountability Office (GAO) report released on the same day reported, “GAO did find hundreds of cases of alleged abuse and death related to the use of these methods on school children during the past two decades. Examples of these cases include a 7 year old purportedly dying after being held face down for hours by school staff, 5 year olds allegedly being tied to chairs with bungee cords and duct tape by their teacher and suffering broken arms and bloody noses, and a 13 year old reportedly hanging himself in a seclusion room after prolonged confinement.’
While seclusion and restraints are designed to be used only when an individual is in imminent danger to themselves or those around them, the GAO found that teachers and staff often used these techniques in abusive ways and as a routine disciplinary tactic, rather than in response to an emergency. In addition, the report found seclusion and restrain was used on children as young as three years old.
These abusive practices were used disproportionately on children with disabilities. The GAO report and hearing testimony highlighted abusive practices on children diagnosed with:
• Autism
• Cerebral palsy
• Learning disabilities
• Post traumatic stress disorder
What are the barriers to protecting children at school?
Witnesses discussed several barriers in the Education and Labor Committee’s question and answer period:
1. No consistent laws or regulations. There are no federal laws restricting the use of seclusion and restraint in classrooms. At the state level, laws and regulations vary widely. 19 states have no relevant laws at all. Other state laws have a range of guidance. However instances of abuse have been cited across the board, even in those states with existing laws.
2. No federal database of abusive teachers and staff. At the hearing, a foster mother from Texas whose son died from a teacher sitting on him, noted that the same teacher is now working in special education at a school district in Virginia. Some states have databases, but there is no consistent standard on the data collected or its maintenance. The teacher referenced above was listed on the Texas database briefly but later removed; her current school district was unaware of the death of her student in Texas.
3. Traditional safety mechanisms don’t have jurisdiction in the classroom. One witness at the hearing noted that Child Protective Services (CPS) was called several times but didn’t have the authority to pursue the inquiry. One mom noted, “If my child was abused outside the classroom, CPS could have helped keep her safe.”
4. Lack of training and resources. Too many teachers and aides are put in the classroom without sufficient training or resources. When faced with challenging situations, these teachers may not have the needed skills to properly handle them.
5. Mistaken belief that seclusion and restraints are effective. In reality, there is little evidence to show that seclusion and restraint is effective in changing a student’s behavior. On the contrary there is evidence that shows that seclusion and restraint can escalate a student’s challenging behavior.
What can be used instead of seclusion and restraints?
Positive Behavioral Supports (PBS). PBS involves teaching new skills that replace challenging behavior over time, assisting the individual to change his or her interactions (physical and social), and are based on the conduct of a Functional Behavioral Assessment. They have been found to decrease disruptive behavior and increase performance. More information regarding the use of PBS may be found on APRAIS and through the U.S. Department of Education.
What was the response from Education and Labor Committee members?
 At the hearing, Chairman George Miller (D-CA) stated that “we made a decision, as a nation, that kids with disabilities are entitled to an education. The abusive treatment of kids with disabilities turns that decision on its head.” Many other members equated the use of seclusion and restraint to torture.
Congressman Robert Andrews (D-NJ) listed a series of issues brought to light by the hearing: state laws have been ineffective thus far, the lack of interstate communication on this issue, and no correlation between committed abuse and teaching licenses.
What has happened since the hearing?
On May 21, Representative Phil Hare (D-IL) introduced H.R. 2597, “Positive Behavior for Safe and Effective Schools Act.” This bill would amend the Elementary and Secondary Education Act of 1965 to allow state educational agencies, local educational agencies, and schools the flexibility to use Title I funds to increase implementation of school-wide positive behavior supports. The bill would also allow funding for technical assistance on school-wide positive behavioral supports under the Individuals with Disabilities Education Act (IDEA).
On May 26, high level representatives from the Obama Administration met with stakeholders, including The Arc and UCP. Concerns regarding the dangerous use of seclusion and restraints on children with disabilities were discussed at length. The White House staff agreed that the Administration must take a larger role in addressing the harmful impact of seclusion and restraint, address alternative training such a Positive Behavior Supports (PBS), examine funding around the issue, and provide better guidance coming out of the federal government.
 Department of Education Secretary Arne Duncan announced that he will begin monitoring how states use seclusion and restraints in schools. Specifically, he is asking all state school chiefs to submit their plans for using seclusion, restraints and other physical intervention techniques in schools.
What are The Arc and UCP's policies on seclusion and restraints?
The Arc and UCP have longstanding policies regarding the use of seclusion and restraints in schools, other community settings, and institutions. Individuals with intellectual and developmental disabilities are disproportionally abused by these techniques. Compounding the offense, people with intellectual and developmental disabilities, especially children, often are unable to describe the occurrence. When they do, their account is often disregarded.
What can chapters and affiliates do to help limit the use of seclusion and restraints?
1. Educate school personnel, parents, and direct support workers about Positive Behavioral Supports.
2. Educate your state and federal lawmakers on the importance of standards, a registry, and keeping students safe.
3. Ask your Representative to cosponsor H.R. 2597, Positive Behavior for Safe and Effective Schools Act if he/she has not already done so. Click here for current list of cosponsors.
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