GAO Found Hundreds of Cases of Students Being Abused Through Inappropriate Uses of Restraint and Seclusion
March 3, 2010 4:54 PM
familiesagainstrestraint@yahoo.com
WASHINGTON, D.C. – In response to a recent government investigation that found widespread allegations that children were being abused through misuses of restraint and seclusion in classrooms, the U.S. House of Representatives approved bipartisan legislation to protect children from inappropriate uses of these practices in schools. The Keeping All Students Safe Act (H.R. 4247) passed by a vote of 262 to 153.
“It’s time to end this nightmare of abuse that has hurt too many students, classmates, families and school communities,” said U.S. Rep. George Miller (D-CA), chairman of the House Education and Labor Committee and original sponser of the legislation.
“This critical piece of legislation confronts the unimaginable situation in schools across the country whereby some of our nation’s most vulnerable children are treated in an inhumane and degrading manner," said U.S. Rep. Cathy McMorris Rodgers (R-WA), original sponsor of the legislation.
The Keeping All Students Safe Act would establish, for the first time, minimum federal standards to provide equal protections to all students, in every state across the country.
*It would make clear that physical restraint or locked seclusion should be used only when there is imminent danger of injury and only when imposed by trained staff.
*It would prohibit mechanical restraints, such as strapping children to chairs, misusing therapeutic equipment to punish students or duct-taping parts of their bodies and any restraint that restricts breathing.
*It would also prohibit chemical restraint, which are medications used to control behavior that are not consistent with a doctor’s prescription.
*The bill would prohibit school staff from including restraint or seclusion as planned interventions in student’s education plans, known as Individualized Education Programs (IEPs).
*It would also require schools to notify parents immediately after incidents when restraint or seclusion was used.
In many of the cases GAO examined, parents only learned that their child was being restrained or secluded from a whistle-blowing teacher – or when their child came home bruised.
*The legislation would also allow states the flexibility to tailor their individual laws based on their needs: It would ask states to have their own laws in place, within two years, that either meet or exceed these basic federal standards.
Full list of supporters
Read the GAO’s investigation
Learn more about the bill
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