Keeping Students Safe: Federal Government to Consider Restrictions on the Use of Restraint and Seclusion in Schools

In December 2011, the Keeping All Students Safe Act (Senate Bill 2020) was introduced by Senator Harkin (D-IA).  Similar legislation (House Resolution 1381) is pending in the U.S. House of Representatives. 

These bills impose sharp restrictions on the use of restraint and seclusion in schools.  Some states currently have those restrictions, but the laws are inconsistent and students with disabilities have been injured and even killed through the inappropriate use of restraint and seclusion.

The National Disability Rights Network documented the death of a 7-year old Wisconsin girl who suffocated while being restrained for blowing bubbles in her milk, and there are a multitude of other similarly horrific stories in a report released in 2009 entitled School is Not Supposed to Hurt. This report can be found here: http://ndrn.org/images/Documents/Resources/Publications/Reports/SR-Report2009.pdf.

The legislation addresses many current problems, including inconsistent (and sometimes non-existent) standards on the use of restraint and seclusion in schools; failure to inform parents or guardians of the use of restraint and seclusion on their children; use of inherently dangerous restraint and seclusion techniques with little to no training or monitoring; use of restraint and seclusion in situations that clearly do not call for the use of such extreme techniques; and the lack of reporting of such incidents to help the proper authorities identify where problems may exist that could be addressed with additional training.

In 2011, Louisiana passed a law to protect students from the inappropriate use of restraint and seclusion in our state.  The federal law will expand these protections for Louisiana students and protect students with disabilities across the United States.

Contact Louisiana Senators and Representatives to urge them to co-sponsor this legislation and let them know how important it is to protect students with disabilities against inappropriate and unnecessary restraint and seclusion!  Call them by using the Capitol Switchboard at (202) 224-3121 or email them using their websites as linked below.

Ask Senator Mary Landrieu to co-sponsor and support S.2020
http://landrieu.senate.gov/about/contact.cfm

Ask Senator David Vitter to co-sponsor and support S.2020
http://vitter.senate.gov/public/index.cfm?FuseAction=Contact.ContactForm

Ask Representative Steve Scalise to co-sponsor and support HR 1381
https://scalise.house.gov/contact-me/email-me

Ask Representative Cedric Richmond to co-sponsor and support HR 1381
https://richmond.house.gov/contact-me/email-me

Ask Representative Jeff Landry to co-sponsor and support HR 1381
https://landry.house.gov/contact-me/email-me

Ask Representative John Fleming to co-sponsor and support HR 1381
https://flemingforms.house.gov/Contact/ContactForm.htm

Ask Representative Rodney Alexander to co-sponsor and support HR 138
https://alexanderforms.house.gov/contact-form-cc8

Ask Representative Bill Cassidy to co-sponsor and support HR 1381
http://cassidy.house.gov/contact-bill

Ask Representative Charles Boustany to co-sponsor and support HR 1381
http://boustany.house.gov/index.cfm?sectionid=4&sectiontree=4

Additionally, the Advocacy Center wants to hear from you if your child has been inappropriately restrained or secluded in school.  This could be a violation of your child’s rights as a student with a disability.  If you or someone you know has a child with a disability who has been subjected to restraint or seclusion, please contact our Intake Department at 1-800-960-7705 or email advocacycenter@advocacyla.org.