End the Abuse: Restraint and Seclusion

Action on Restraint and Seclusion

New Manual – The Right to be Safe In School: Advocacy and Litigation Strategies to Combat the Use of Restraint and Seclusion Combat Use Cover

Written By: Kristine Sullivan, Esq. Edited by: Alice K. Nelson, Jodi Siegel, Leslie Seid Margolis, and Denise Stile Marshall

This manual is intended as a practice guide for attorneys and advocates representing children with disabilities who have been injured or damaged by such unsound techniques in the educational setting.

COPAA Member Download (No Charge, must login to Member Area)

Non Member – $30.00 – Purchase and Download

COPAA is concerned about the use of restraints, seclusion and aversive interventions as part of educational programs for children with disabilities. Restraints, seclusion and aversive interventions are neither educational nor effective. Instead, their harms and dangers are well-documented. Inappropriately used, they amount to child abuse.

Restraints include physical force, mechanical devices or drugs that temporarily restrict freedom of movement or control behavior. Seclusion includes the use of locked rooms or other spaces from which students are unable to leave voluntarily. Aversive procedures use painful stimuli in response to behaviors that are deemed unacceptable by their caregivers. All aversive techniques have in common the application of physically or emotionally painful stimuli.

Children should receive effective positive behavior supports developed within a comprehensive, professionally-developed plan of behavioral accommodations, supports, and interventions. But, too often school personnel who have not been thoroughly trained in research-validated methods for promoting positive behavior change and crisis de-escalation resort to inappropriate abusive methods. Abusive methods not only place the student at risk of serious physical and psychological harm, but also violate his or her dignity and right to be free from abusive treatment.

Although some states have standards and regulations regarding restraints, seclusion and aversive interventions, the existing laws are not uniform and may not be enforced. Other states provide little or no protection for children at all. Because there is no monitoring on a national level, the full extent of death, injuries, and harm from the use of these techniques is unknown.

Every child is entitled to be treated with dignity and respect. No child with a disability should be subjected to abusive treatment under the guise of providing educational services. Civilized nations protect the human rights of all of their citizens and residents, particularly those who are unable to advocate for themselves, including children.

December, 2011 – COPAA sends letter of support to Senator Harkin for S. 2020, Keeping All Students Safe ActThis bill would promote the development of effective intervention and prevention practices that do not impose restraints and seclusion; protect all students from physical or mental abuse, aversive behavioral interventions that compromise health and safety, and any restraint imposed for purposes of coercion, discipline or convenience, or as a substitute for appropriate educational or positive behavioral interventions and supports. Importantly the bill also works to ensure the safety of all students and school personnel and promote positive school culture and climate.

April, 2011 – COPAA supports the Introduction of the HR 1381 Keeping All Students Safe Act and sends a letter of support and thank you to Representative Miller.

March, 2011 COPAA updates COPAA Declaration of Principles Opposing the Use of Restraint, Seclusion and Aversive Interventions

COPAA September 2010 – COPAA expresses grave concern regarding S. 3895 because the bill would allow restraint and seclusion as planned interventions in a student’s IEP.

September 2010 – COPAA members write issue brief regarding the importance of prohibiting the use of restraint and seclusion as planned interventions, written for the APRAIS Coalition .

March 2010 – COPAA applauds the House of Representatives for passing H.R. 4247, the Keeping All Students Safe in School Act. This bill will implement minimum standards to protect all schoolchildren from the dangers of restraint, seclusion, and aversives. H.R. 4247 passed by a vote of 262 to 153.

November 2009 – COPAA applauds the Department of Education’s proposed changes and expansions to the Civil Rights Data Collection (CDRC) and urges further clarification and expansion of categories under Restraint and Seclusion.

May, 2009 – COPAA report Unsafe In The Schoolhouse: Abuse Of Children With Disabilities asking Congress to stop the use of restraints, seclusion, and aversives upon children with disabilities in school.

May, 2009 - COPAA submits a letter for the record to the House Education Committee as part of its hearings on Examining the Abusive and Deadly Use of Seclusion and Restraint in Schools.

January, 2009 – COPAA releases Statement Endorsing Legislation to End Abuse.

June, 2008 – COPAA issued COPAA Declaration of Principles Opposing the Use of Restraint, Seclusion and Aversive Interventions (updated March, 2011).

Research

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The Council for Children with Behavioral Disorders A Division of the Council for Exceptional Children POSITION SUMMARY ON The Use of Seclusion in School Settings http://www.state.ky.us/agencies/behave/misc/CCBD%20Position%20on%20Use%20of%20Seclusion%207-8-09.pdf

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