PRESS RELEASE REPRINT FROM THE EDUCATION & LABOR COMMITTEE
Congressman George Miller, Chairman:
Secretary Duncan Takes Critical Step to Keep Schoolchildren Safe
Chairman Miller is developing legislation to address seclusion and restraint in nation’s schools
WASHINGTON, D.C. – Late last week, U.S. Secretary of Education Arne Duncan sent a letter to state school chiefs asking them to formally submit their policies on seclusion and restraint in schools, as part of larger efforts to prevent abusive uses of these practices in the nation’s classrooms.
A recent Government Accountability Office [investigation], conducted at the request of U.S. Rep. George Miller (D-CA), the chairman of the House Education and Labor Committee, uncovered hundreds of allegations of abusive uses of seclusion and restraint practices on schoolchildren over the past two decades. In several of those cases, this abuse resulted in the death of a child.
“Secretary Duncan is committed to ensuring all children, in every single school in this country, is safe and protected,” said Miller, who is working to develop legislation that would address seclusion and restraint in U.S. schools. “We need to do everything we can to protect schoolchildren from abusive, torturous, and – in some cases – deadly uses of seclusion and restraint and to stop these horrific abuses from going unchecked."
Unlike in hospitals, other health care facilities and non-medical community-based facilities that receive federal funding, there are currently no federal laws that restrict the use of seclusion and restraint in public or private schools. State regulation and oversight varies greatly. Nineteen states have no laws governing the appropriate use of seclusion or restraint in schools.
GAO REPORT: http://edlabor.house.gov/newsroom/2009/05/gao-report-finds-hundreds-of-a.shtml
PRESS OFFICE CONTACT: 202-226-0853
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28 comments:
It's really great that this critical issue is being addressed. I think that attention to the matter will bring forth much needed change to ensure that children with special needs are kept safe and protected.
-Anabel Ponce
REHS 6300
I can’t believe that some cases ended in the death of a child. Shouldn’t this be a turning point for restraint and seclusion issues? I think some restraint and seclusion is needed, but when it causes a child’s death, the issue needs to be examined a little closer. We as Americans need to implement new or additional laws to protect our children from abuse.
I do not understand how an individual could actually hurt a child to the point of death, especially one with a disability. These individuals are supposed to help these children not kill them. I feel restraint and seclusion is sometimes necessary, but only if other s are in danger. This I can definitely say is astonishing.
Restraint and seclusion are necessary in some cases, but I dont know if this will actually fully stop the abuse of children. No one can ever stop that, sad to say, but its true. When you take a closer look at the school system, every school is different and whos to say the school will abide by it. I believe more needs to be done in order for this to stop. IT all begins with the school itself and who they hire and the level of leniency that is given. I guess this is a start to something that may be for the greater good.
Gabby S.
It is good to see that protection for children is being addressed. Although I do undterstand under certain circumstances that a child might need to be restraint, individuals restraining them should take proper training in doing so. This trainging should be mandatory by all employees under a school district. There for with proper training a child should not be harmed in anyway.
I was amazed to find out that there is no legislation on restraint and seclusion of children in public schools. I would think that would be prohibited, but I can understand why it might be necessary in some cases. I know someone that worked in special education and worked with children that were very violent; in fact, a student punched a teacher in the mouth for no reason and knocked out her front teeth. That is something I would like to learn more about in this class- what is appropriate care for students with special needs with violent outbursts. On a federal level, I can see why we need some consistency on this kind of policy. It is important to find out what each state is doing and come to a research based answer of when restraint and/or seclusion may be appropriate in schools or if there is research to show that restraint and seclusion are ineffective- then that needs to be shared as well.
Cindy V.
Wow that is crazy that people can do such things. There is a need of training to handle bad situations. There is a limit in how you can seclusion and restraint. When dealing or working with children people have to have training and patients.
The educational system seems to be lagging in various areas, but when it comes to the use of restraints and children being killed because of those restraints there is no excuse why things haven't been done sooner. It is inexcusable how some states have yet to adopt these restrictions on using restraints even after knowing that they may be harmful to children. U.S. Secretary of Education, Arne Duncan and U.S. Representative, George Miller are advocating for measures to be taken to protect these children from being hurt. I think that when you can feel the passion in their statements, then you know that it is just a matter of time that something will get done.
Maggie Ybarra
REHS 6300
These are the issues that people should be aware of. How can someone hurt a child to the point that they kill him/her? I'm glad that this issue is being disputed. Seculusion and restraint, in my opinion, is not the best way to control an individual. Children should be kept safe no matter how bad the situation gets. If it gets to the point that the child ends up dead, then this is an issue that should really be addressed.
-Claraly Pena
REHS 6300
Thats really sad to hear that some cases of abuse ended up in death. I knew that discrimination and some type of abuse existed towards children with disabilities in the school systems but not to this extent. Im glad to see that this issue is being addressed.
I feel this issue needs to be inverstigated yearly on the complaint filed on abuse. We need to be more educated on this matter as well as notified. It is our rights. Rebecca Griffith
What is going on with people? Abusing innocent children and sometimes even killing them? I bet those people are not even in jail. This is terrible and its about time that legislators saw that they need to do something about this problem. How can those abusers live with themselves knowing that they were horrible to children and even so....disabled children! Im saying again that the use of video cameras should be used in cases like these. They should be put in all the classrooms for special education because facilitators may lose their temper and take out their own frustrations on their special education students. Not an excuse but it happens and video cameras would be a good way to catch the predators and have evidence of wrong doing.
Aissa S.
Wow, I am amazed that this issue had not been addressed before now. It is an important issue that should have addressed decades ago. The use of seclusion and restraint to the point of death is a tragedy. Hopefully, we will hear more about this issue in months to come to make this subject a topic in households, schools and education boards around the country.
J Gonzalez
I think it is great that secretary duncan is undertaking this issue in my opinion it has always been a hot button issue especially in the school setting i have worked with special education departments in elementary schools and the issue of restraint and correct cpi training is always brought up.
-Pete Castaneda III
REHS 6300
Its awful to hear that people are actually hurtin children in the school setting, where apperantly its suppose to be a "safe place". Hearing about cases where there is a death of a child in which it was caused by aduses involving restrains and seclusions just makes me mad. How can people have the heart to do this. I sad to know that it took forever for the government to recognized what is going on, that they had to wait for a child's death to do something about this.
Alina L. REHS 6300
Ok I do not understand this how can someone hurt a child especially someone that goes to school to get a education to become a educator or even a paraprofessional. I just cant believe that restraining abuse would go so far as to cause death to some children, truly that is a sick person that sees a child suffering and just plainly ignores the child to the point were the child dies. I have always believed as a health professional that restraints are sometimes necessary by should only be administered by people that are trained in the correct way to use them and to now the signs that the restraint is cause harm to the person one is restraining. I truly have never seen seclusion as a way to stop bad behavior; seclusion will only make the person act up more. It is truly good to hear that someone in government said enough is enough and we have to do something about it. This is what I call a good government that is working for the people and not for special interest groups. This is the kind of government that will turn this country back to the people.
Juan Leija
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As a teacher, I was shocked to read that there are NO federal laws restricting the use of seclusion and restrain in public and private schools.
The following are Texas laws about seclusion and restrain according to the GOP report:
In Texas, school personnel may NOT place a student in seclusion.
School personnel MAY USE restrain in an emergency situation. However, in our school we are told NOT to use restrain and call for the Core Team or an administrator.
A Core Team of school personnel must be trained on the use of restrain.
Training must include prevention and descalation techniques. I believe that everyone in contact with Special Education students should be trained in the use of the descalaton techniques.
Each incident must be documented and the parents must be notified the same day.
Physical force or threats may not be used to place a student in time-out.
Time-out must be included in the student's IEP if it is utilezed on a recurrent basis.
School personnel must be trained in the use of time-out. In our school, we are disouraged from using time-out.
Each instance of time-out must be documented.
Texas is ahead of some of the other states by having these laws in place. However, these laws alone do not safegaurd students from death and abuse.
During September 2007 through June 2008, Texas restrained 4,202 students 18,741 times!
The most interesting thing about these Texas laws is that they give all "school personnel" the right to restrain our students.
That's right, students can be restained by the bus driver, the 250 pound coach, the newly hired paraprofessional and even the janitor.
There is even a clause that protects "school personnel" who are not in the Core Team."
"Personnel who use restain but have not been recieved training must recieve training within 30 days following the use of restain."
I think that we do need to keep the Core Team. However, the laws need to be changed so that only School Administrators are allowed to restrain a child.
B. Ramirez
REHS 6300
I cited the GAO report not the GOP report.
B. Ramirez
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I am really glad that this issue is being adressed, it is so important for children with special needs to be kept safe. I work with children with special needs and i its very noticeable when they get tired of their wheelchairs. Once we see that they are getting tired or they have been sitting in the wheelchair too long we let them go so that they can roam around for a while and play. It is very important to keep a child with special needs safe, they dont have anyone else to take care of them in school. People need to be aware that this issue is very important because a lot of children with special needs can be gravely harmed by restraints and seclusion.
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