Support the Preventing Harmful Restraint and Seclusion in Schools Act, HR 4247
The Preventing Harmful Restraint and Seclusion in Schools Act, HR 4247 by Chairman George Miller (D-CA) and Cathy McMorris Rodgers (R-WA) was introduced on December 9, 2009. A companion bill was also introduced in the Senate by Senator Chris Dodd and is numbered S 2860.
The legislation draws on a Government Accountability Office report on restraints and seclusions released last spring, which found “hundreds of cases of alleged abuse and death related to the use of these methods on school children during the past two decades,” with a majority involving students with disabilities. Still, investigators could not ascertain the full extent of this problem - cases often go unreported, with some states not even keeping track of incidents.The bills seek to establish the first federal standards to protect students from misuse of restraint and seclusion and ensure the safety of everyone in the classroom. It would apply to public schools, private schools and preschools receiving federal education support. Specifically the legislation would:
• Establish important minimum federal safety standards in schools, similar to the protections already in place in hospitals and other non-medical community based facilities;
• Limit physical restraint and locked seclusion, allowing these interventions only when there is imminent danger of injury, and only when imposed by trained staff;
• Outlaw mechanical restraints, such as strapping kids to chairs, and prohibit restraints that restrict breathing;
• Require schools to notify parents after incidents when restraint or seclusion was used;
• Call on states, within two years of enactment, to establish their own policies, procedures, monitoring and enforcement systems to meet these minimum standards;
• Encourage states to provide support and training to better protect students and prevent the need for emergency behavioral interventions; and
• Increase transparency, oversight and enforcement tools to prevent future abuse.
Please take the time to advocate for people affected by autism and ask your Representative and Senators to cosponsor this important legislation. Go to https://secure2.convio.net/asa/site/Advocacy?cmd=display&page=UserAction&id=349 and fill out a user friendly form today.
Blessings,
Mary
www.AlternativeAutismSolutions.com
Categories: Education
Tags: HR 4247 autism restraint and seclusion act
Although I support protecting all students, some of the legislation that has been passed during previous sessions did not take into account emergency situations in terms of where and when they occur.
It would be wonderful if students only reached crisis in the presence of trained staff, as defined.
However, what efforts at legislation in the past have done is outline the perfect situation, and how such a situation should be dealt with perfectly.
This sets up Monday morning quarterbacking litigation scenarios, helping no one other than attorneys.
For example, already teachers are required to have so many certificates in some states (over and above the teacher credential which itself requires a full post graduate year) that subject teachers of science and mathematics, already at a premium, are impossible to recruit.
Creating legislation and regulation away from the school site and away from the actual crisis situation may seem like a good idea. However, what often happens is that regulations simply create "gotcha" effects when actually applied to situations where large numbers of students are being addressed with limited staff.
We have created many regulatory monsters that schools are perpetually attempting to satisfy, and failing to do so.
I would caution creating more laws or regulations, especially if nothing less than a "perfect" response to a student in crisis is acceptable.
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Hi Beth,
Thanks for your insights on this complicated and difficult situation. I agree with you that real life is never perfect, and teachers have it especially hard. You have outlined some of the major points of this issue in a thoughtful and articulate way. Thanks for helping us to clarify the real issues!
Blessings,
Mary
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