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Disability Rights Education and Defense Fund. Advocating for Disability Civil Rights since 1979

In this Issue:

Restraint and Seclusion:
An Update on Legislation and How You Can Help

July 2012

 

Dear Friends,

This Special EDition is a bit lengthy, but the topic merits your attention—thank you for taking the time to read and take action by calling your members of Congress today.

In April 2011, Representative George Miller Earlier introduced HR 1381, The Keeping All Children Safe Act. Senator Tom Harkin introduced a companion bill (S 2020) in the Senate in December 2011. The purpose of The Keeping All Children Safe Act, which has bipartisan support in both the House and Senate, is to regulate the use of dangerous restraint and seclusion in school.

Senators Harkin (D-Iowa) and Enzi (R-Wyoming) have scheduled a hearing on the use of restraint and seclusion in the Senate Health Education Labor and Pensions (HELP) Committee for this Thursday, July 12, at 10:00 am EDT.

What's at Stake?

This year, the US Department of Education released data that showed that in 2009-10, students with disabilities represented 12 percent of students, but made up nearly 70 percent of the students who were physically restrained by adults in their schools.

According to a 2009 GAO study, students have been injured, suffered post-traumatic stress syndrome, and died in restraint and seclusion. Unfortunately, less than one-third of states have laws that restrict restraint and seclusion to emergencies that threaten imminent risk of physical danger--children may be secluded and restrained for tantrums, failing to obey rules, to coerce their compliance, and as punishment. This must stop.

The Keeping All Children Safe Act would promote a shift to a culture of positive interventions and supports, and ensure that restraint is used only in emergencies that threaten physical danger. It would prevent children from being subjected to seclusion in non-emergencies. The bill would change school climates by ensuring that the use of restraint and seclusion be a practice of last resort, only to be used when a student's behavior poses imminent danger of serious physical harm to self or others and when other interventions would prove ineffective in such an emergency.

Help Keep All Children Safe

DREDF and many other disability rights and child advocacy organizations have been supporting the passage of The Keeping All Children Safe Act, but Congress needs to know how you feel. We urge you to call your members of Congress today.

The quickest way to reach your representative is:

  • Dial the Capitol Switchboard at 202-224-3121 and ask to be connected to the office of your Senators and Representative

  • Tell the person who answers:

    "I am calling to ask Senator/Representative _________ to support The Keeping All Children Safe Act to restrict restraint and end the use of seclusion in schools. I am the parent/relative/friend of a child with a disability and I feel strongly that restraint should only be used in emergencies threatening the physical safety of the student or others. The Keeping All Students Safe Act will create protections that will ensure the safety of all students and school personnel.

US Department of Education Resource

There are effective alternatives to the unregulated use of restraint and seclusion. On May 15, 2012, the US Department of Education (DOE) issued "Restraint and Seclusion Resource Document," in which it lays out 15 principles for states, localities and school districts to consider for regulating use of restraint and seclusion policies in schools. It's an excellent resource.

© 2012


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