Progress update on preventing and reducing restraint and seclusion in schools

The National Disability Rights Network (NDRN) released a follow-up report to its January 2009 investigation, "School is Not Supposed to Hurt." The report updates the progress made in 2009 on reducing or eliminating the use of seclusion and restraint on schoolchildren and developing state and federal regulations. The update shows grassroots efforts are soaring and the federal government is beginning to take action, but states have been slow to combat seclusion and restraint practices.

The 2010 report indicates that across Ohio and the nation, there continues to be numerous cases of seclusion and restraint causing severe physical and emotional harm to schoolchildren. "While there is a consensus that seclusion and restraint are not forms of treatment, children continue to be harmed because some states still have no laws or policies and school personnel lack necessary training," said Curt Decker, Executive Director of NDRN, the organization for the federal protection and advocacy (P&A) systems for children and adults with disabilities.

The report acknowledges the work of Congress, which included requesting a General Accountability Office report, holding a hearing in the House Education and Labor Committee, and legislation introduced in the House (H.R. 4247) by Representatives George Miller (D-CA) and Cathy McMorris Rodgers (R-WA) and by Senator Christopher Dodd (D-CT) in the Senate (S. 2860). "Federal minimum standards are needed so that schoolchildren are protected from abusive seclusion and restraint practices, regardless of where they live," said Decker.

Ohio is a state that has no restrictions on seclusion and restraint in schools. The Legal Rights Service (LRS), the Ohio P&A, has urged the Ohio Department of Education (ODE) to develop rules regulating restraints, seclusion and aversives. ODE's lack of rules provides little protection for Ohio's children, including those who are most often restrained: children with disabilities. Michael Kirkman, LRS Executive Director, affirmed the P&A's commitment. "LRS will continue to represent students with disabilities who have been injured and traumatized during incidents of school restraint and seclusion and to press ODE to develop rules," said Kirkman.

Read the report: School is Not Supposed to Hurt: Update on Progress in 2009 to Prevent and Reduce Restraint and Seclusion in Schools (PDF file)

Press coverage

• Few States Take Action On Restraint And Seclusion, Report Finds (Disability Scoop)
• NDRN finds that school still hurts (Examiner.com)

Article posted February 2, 2010

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