Teaching and Tech Tinkerings of a Special Educator: The Preventing Harmful Restraint and Seclusion in Schools Act

Friday, February 12, 2010

The Preventing Harmful Restraint and Seclusion in Schools Act

A 7 year old dies after being held face-down for hours.

A 13 year old hangs himself in a seclusion room.

A 4 year old with cerebral palsy and autism experiences bruising and post traumatic stress disorder after her teachers restrain her in a chair with leather straps.

These are just some of the findings of the United States Government Accountability Office's May 2009 report initiated by the Hon. George Miller, chairman of the Committee on Education and Labor. Chairman Miller is sponsoring the Preventing Harmful Restraint and Seclusion in Schools Act, which is awaiting Congressional approval. Tenets of the Act include permitting restraint or seclusion only under these conditions:

With appropriate training of staff
Given parental permission
Only when injury is imminent (to self, students, or school employees)
Parent notification must be provided after restraint or seclusion are employed

The Act prohibits

Mechanical restraints
Chemical restraints
Restraints that restrict breathing.

Mechanical restraints include securing body parts with duct tape or chair straps. Chemical restraints are defined by the Act as medications used for behavioral control beyond administration in accordance with a physician's prescription. Under the Act, students may not be denied food, water, or access to toileting facilities.

The Act specifies that restraint and seclusion may not be written into any student's education plan, including behavior plans, individualized education plans (IEP's), and individualized safety plans.

Click here to see an overview of the Act.