NDRN Releases Shocking Report on Seclusion and Restraint in U.S. Schools

     Today, the National Disability Rights Network (NDRN)  issued School is Not Supposed to Hurt, a disturbing national report on seclusion and restraint in U.S. schools. According to the press release : “The report shows an unsettling use of seclusion and restraint tactics, which resulted in physical and emotional injuries as well as deaths, in schools affecting students from grades K-12.”

     According to Curt Decker, executive director of NDRN: “This report documents dozens of seclusion and prone restraint cases that have resulted in injuries and even death. We feel that these numbers represent just the tip of the iceberg as there is no national reporting structure or official tracking of such incidents.”

     The report provides specific examples, state by state, of the improper use of seclusion and restraint in schools as identified by investigations conducted by the Protection and Advocacy systems within those states. NDRN is a national network whose members are Protection and Advocacy systems (P&A) and Client Assistance Programs (CAP) within each state and territory.

     The report calls on the incoming Obama administration and the 111th Congress to act to ban the use of prone restraints. Additionally, the report provides a specific list of recommendations for state legislatures, boards of education, and local school districts.  Included in those recommendations:

      For the incoming Obama Administration:

    Direct the Secretaries of Education and Health and Human Services to convene a national summit to devise plans to implement the bans on prone restraint and to encourage the use of evidence based positive behavioral supports and other best practices;

    Request increased federal funding for P&A programs to investigate allegations of abuse or neglect in schools.

For State Legislatures and Boards of Education:

Require teacher, school administrator, counselor, and para-professional certification standards to require extensive education and training in the use of positive behavioral supports, crisis reduction and management, de-escalation techniques, and other best practices;

Require extensive training in the use of positive behavioral supports, crisis reduction and management, de-escalation techniques, and other best practices for other individuals, including School Resource Officers with contact with children in a school setting.

     For Local School Districts:

Require the use of evidence based positive behavioral supports and other best practices;
Implement reporting of the use of restraint or seclusion to parent/guardians, state boards of education, the local Protection & Advocacy System, and the U. S. Department of Education;

Establish extensive training programs in the use of positive behavioral supports, crisis reduction and management, de-escalation techniques, and other best practices for all individuals, including School Resource Officers, with contact with children in a school setting.

  In recent years my office, as Colorado’s Protection and Advocacy System, has investigated numerous instances of the improper use of seclusion or restraint in Colorado schools. Some of those investigations and our findings are included in this report. I have seen first hand that this is a serious issue in our schools. I applaud the efforts of NDRN and my fellow P&A’s to bring attention to this issue and I endorse the recommendations in this report. I urge you to take the time to read the full report.

5 Responses

  1. Unfortunately, I am afraid that this will mean more special needs kids being thrust into the juvenile court system by school districts who are increaingly turning to the filing of charges against these kids when behavior gets out of hand. The districts don’t want these kids in their classrooms (too bad) and even though there are ways to teach the kids and ways to manage difficult and challenging behavoirs a lot of teachers and administrators simply do not want to deal with it. So they pass it off to the courts.

    Seriously. My son has PDD-NOS and has had criminal charges filed by two seperate school districts for assault, once when he was 7 and they had just started investigating the true expent of his learning disability (ala MFE) and once when he crawled out a window onto a roof when his one-on-one aide was absent. He threw rocks at the principal and then hit him when he was finally gotten off the roof safely.

    I am afraid how many more parents and kids will wind up in front of a judge because taking this “tool” (I use that word loosely) away from teachers will force them to do this (because we all know it will not force them to alter teaching methods or behavior management strategies).

  2. The schools need to relize that our children do not need to be dehumanized by the forceful use of restraint. I am a single-mom of a six year old little boy and believe me, I have had to pull him out of school twice because of it.
    The third school he was in, well…they put a bruise on him and no-one will even explain as to why.
    They want me to write a statement regarding what happened , when I was the one demanding to know!
    Why, so they can put all their ducks in a row ??? My word against theirs and it is’nt right nor is it fair. I’ve been all to painfully through this all before and watched my son go through the anguish of it all, now my son has unexplained aggressive behavior towards others and even me ,when he has never acted out before.
    Furthermore , it makes me so angry that the laws are in place to protect the staff and other children-as if my 37lb 6 year old poses serious danger to anyone.
    And the reasons they did it: Throwing objects on the floor, and being overstimulated because they knowingly knew before hand that he had sensory intergration issues GET THIS: kept him inside during the fire-drill and did not remove him after I requested that they do so.
    These Laws must be changed or else our country will reap what they have sown into the hearts and minds of our young impressionable children.

    Regards,

    Arlena Zeek

  3. The school district, in which our 7 yr old pdd son was placed, has used seclusion/restraint on a daily basis on our son, often multi times daily. The school, however, had never informed us, as parents, of such, in writing or verbally. It took our son, whose IQ is 68, to inform us 4 months later of such events in past and present. We pulled him from school, calling for an internal investigation, as we filed a complaint. The report concluded that the school is not in violation, and due to IDEA laws, they were within their bounderies. Also added that the guidelines set forth by special education were just that…..guidelines (suggestions, that they felt they were not mandated to use.) There needs to be more concrete laws set for these children who are experiencing seclusion/restraint as a means of education, as they, too, are entitled to an education, free and appropriate, and free of abuse and neglect….school should never hurt. Bullying, abuse, nor neglect should be inflicted from staff in a school setting.
    Thank you,
    Lisa Reidt

    • Lisa, thank you for your comment and I am truly sorry for the treatment your son received. The NDRN report noted the number of states that do not have statutory prtections for children from restraint. You may want to contact your state legislators and your federal Congressioanl delegation to share this unfortunate experience.

  4. […] Education Secretary Duncan Sends Letter to Chief State School Officers Regarding Seclusion & Restraint in Schools Posted on August 5, 2009 by randychapman      Last Friday, July 31st, Secretary of Education Arne Duncan sent a letter to the Chief State School Officers in each state encouraging them to review their state’s “current policies and guidelines regarding the use of retraints and seclusion in schools to ensure every student is safe and protected, and if appropriate, develop or revise its policies and guidelines.” Secretary Duncan referred to testimony before the Education and Labor Committee in the U.S. House of Representatives examining “the abusive asnd potentially deadly misapplication of seclusion and restraint techniques in schools.” Additionally, Secretary Duncan noted testimony by the Government Accountability Office (GAO) on Seclusions and Restraints: Selected Cases of Death and Abuse at Public and Private Schools and Treatment Centers. My readers are also aware of  the National Disability Rights Network’s Report on Seclusion and Restraint in schools (see NDRN Releases Shocking Report on Seclusion and Restraint in U.S. Schools). […]

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