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

In This Issue

Seclusion and Restraint

Janurary, 2010

 

Dear Friends and Family Caregivers,

On December 9, 2009, members of Congress introduced bills to limit the use of seclusion and restraint in US schools. The Preventing Harmful Restraint and Seclusion in Schools Act of 2009 (H.R. 4247, S. 2860) in the House of Representatives follows a report by the Government Accountability Office (GAO) regarding the misuse of seclusion and restraint that found hundreds of cases of alleged abuse and death. George Miller (D-CA), Chair, Committee on Education and Labor, and Cathy McMorris Rodgers, (R-WA), member of the Committee introduced H.R. 4247. Christopher Dodd (D-CT), Chair, HELP Subcommittee on Children and Families, introduced S. 2860 in the Senate. Currently, no federal policies restrict the use of seclusion and restraint in public or private school settings.

We need your help to ensure that this legislation passes. Your experience as parents, family caregivers, and professionals working with young people with disabilities gives you a unique perspective on safety in our children's schools.

Please contact your local senators and representatives and ask them to co-sponsor the Preventing Harmful Restraint and Seclusion in Schools Act of 2009.

The Disability Policy Collaboration suggests the following talking points:

  • There are no Federal rules restricting restraint and seclusion in schools, the place where children spend the most time.

  • This legislation would protect children's health and safety in schools by limiting, but not banning, the use of restraint and seclusion.

  • Reports have detailed hundreds of abusive uses of restraint and seclusion by school staff, including children being pinned to the floor, handcuffed, gagged and duct-taped, and locked in closets.

  • Restraint and seclusion have resulted in broken bones, cuts and bruises, and even deaths of children. The abusive practices are used frequently on very young children, ages 6 – 10, and disproportionately on children with disabilities.

  • The bills would require states to develop policies and procedures about using restraint and seclusion only in emergency situations where there is a threat of danger or injury. The bills would provide grants to encourage States to provide training to school staff.

  • The National School Boards Association, the National Education Association, the American Federation of Teachers, and the National Association of State Directors of Special Education support the bills. The Arc and United Cerebral Palsy support the bills.

National Call-In Day - Thursday, January 21, 2010

Tell your members of Congress to support the Preventing Harmful Restraint and Seclusion in Schools Act (H.R. 4247 and S. 2860).

Encourage families and friends to participate by calling the Capitol switchboard at 202-224-3121 and asking your Congressional Representative to co-sponsor H.R. 4247 and your Senators to co-sponsor S. 2860.

  • Find your U.S. Senators

  • Find your U.S. Representative

  • Ask for the offices of your U.S. Senators and Representative.

  • Ask to speak to the person working on education issues.

  • Identify yourself as a constituent and state the organization that you represent (if any)

Message: "I am calling to urge (Senator X) to co-sponsor S. 2860, legislation preventing harmful use of restraint and seclusion in schools."

Message: "I am calling to urge (Representative X) to co-sponsor H.R. 4247, legislation preventing harmful use of restraint and seclusion in schools."

Thank you for advocating for our children. Increasing Congressional support for these bills will help move them through the legislative process towards enactment. Please call on January 21, 2010, and tell your friends and family to join you.


UPCOMING DREDF WORKSHOPS
REGISTRATION IS REQUIRED. SPACE IS LIMITED.

Understanding the Special Education Process
An overview of the special education process, Section 504, and IDEA laws.
Date: Second Monday of the month, except August
Next Offered: February 8, 2010
Time: 6:30 – 9:00 pm (Pizza included!)
Where: DREDF, 2212 Sixth St, Berkeley, CA
To Register: Contact Katie Keil at (510) 644-2555 or kkeil@dredf.org

Understanding the Special Education Process
An overview of the special education process, Section 504, and IDEA laws given by Education Advocate Juliet Barraza for parents and guardians of children with Selective Mutism.
Date: January 30, 2010
Time: 10:00 am – 1:00 pm
Where: Picante Restaurant, Berkeley, CA
To Register: Contact Kevallyn Paskos, State Coordinator for the Selective Mutism Group, at kevallyn@gmail.com.
Space is limited.

Evaluating and Applying Health Information
A skill-building workshop on how to evaluate research for use in health care decision making put on by DREDF and researchers from the Department of Clinical Pharmacy, University of California, San Francisco.
Date: March 4, 2010
Time: 9:30 am – 4:30 pm
Where: The California Endowment Conference Center, 1111 Broadway (at 11th Street), 7th Floor, Oakland, CA
To Register: Contact bolandm@pharmacy.ucsf.edu or 415 502-8183.

© 2009

Advocacy Tip of the Month

Seclusion and restraint should NOT be included as an approved behavior management tool in an IEP.

Acronyms

HELP — U.S. Senate Committee on Health, Education, Labor and Pensions

Related Links

"School Is Not Supposed to Hurt" from National Disability Rights Network

A Guide to Restraint and Seclusion from Disability Scoop

DREDF

Parent Training and Information Center

US House of Representatives Committee on Education and Labor

US Senate Committee on Health, Education, Labor and Pensions

United States Government Accountability Office Testimony Before the Committee on Education and Labor, House of Representatives on Seclusions and Restraints

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