To see Chairman Miller’s opening statement on video, visit: http://www.youtube.com/watch?
To read the most recent markup page with the roll call votes, visit: http://edlabor.house.gov/
WASHINGTON, D.C. – The House Education and Labor Committee today passed bipartisan legislation to make classrooms safer for students and school staff by preventing the misuse of restraint and seclusion. The Committee passed the Preventing Harmful Restraint and Seclusion in Schools Act (H.R. 4227) by a vote of 34 to 10.
A U.S. Government Accountability Office report released last spring exposed hundreds of cases of schoolchildren being abused as a result of inappropriate uses of restraint and seclusion, often involving untrained staff. In some cases, children died. A disproportionate number of these victims were students with disabilities. In some of the cases GAO investigated, ropes, duct tape, chairs with straps and bungee cords were used to restrain or isolate young children.
“This bill makes clear that there is no place in our schools for abuse and torture,” saidU.S. Rep. George Miller (D-CA), chairman of the House Education and Labor Committee. “The egregious abuse of a child should not be considered less criminal because it happens in a classroom -- it should be the opposite. I’m proud that this bill has bipartisan support and I hope the full House will vote on it soon.”...
... The Preventing Harmful Restraint and Seclusion in Schools Act will, for the first time, put in place minimum safety standards to prevent abusive restraint and seclusion in schools across the country, similar to protections already in place in medical and community based facilities. After two years, states will need to have their own policies in place to meet these minimum standards. It would apply to public schools, private schools and preschools receiving federal education support. Specifically the legislation would:
· 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;
· 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.
The legislation embodies principles outlined by the Obama administration in December. It has the support of nearly 100 organizations, including the National School Boards Association, the National Education Association, and the American Federation of Teachers. See a full list of supporters here: http://edlabor.house.gov/blog/
(End Excerpt)
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23 comments:
I am happy that this bill passed. Teachers do tend to torture their kids in many ways even though they think it is not torture they see it as discipline. I remember when I was in middle school I was chewing gum and my teacher made me stick it on the wall and put my nose on the gum. I had to face the wall with my nose on the gum for about 10 minutes. That was not right of him doing that, but back then everything was different. I guess my teacher saw it as a discipline and that I will learn never to chew gum in class. I know I would never do something like this to my student’s. When I do get mad at my student’s all I do is call their parents, put them in lunch detention, send them to the office, or make them sit down in the thinking chair. I would never go to that extent of abuse or torture. I would not want my own kids treated like that, so I treat my students the same way I would want my children treated.
Jennifer Valerio
I am always pleased with laws passed to correct, enhance or to prevent the application of current measures used in our society. Many of the measures currently in place are still based on technology or medical science that is being phased out, is being or has been upgraded or evolved, or is already obsolete because of new discoveries in science or found to be harmful to patients or consumers. Can you imagine if Electroconvulsive Therapy or Shock therapy as most us know it by, was still being applied to mental patients today, at the capacity it was being applied in the early 1900’s? It would be inconceivable, we might as well still have school drills, in which stop, drop and cover is how best to protect ourselves from an atomic bomb explosion. It is only natural to find better methods to correct undesirable behavior. One thing that I do, still believe in is that normal students shouldn’t be exposed to certain students with disabilities that are prone to use violence. I occasionally work as a substitute teacher and often see some students from special education classes hit other students or faculty in a sudden and unexpected outburst. I can understand their need to develop social skills with their peers but not at the safety of the other students or faculty. Furthermore, the individuals who are hired to work with these individuals of special needs are often inexperience and have a limited extent of adequate education. For example, I may have a Bachelor’s degree in special education but it doesn’t make me the best candidate for the job, unless I will be supervised by a well qualified individual and receive additional on the job training and mandatory workshops. When I received my B.A. in Social Studies Composite, I knew it didn’t mean I was now the perfect teacher but only a very desirable candidate for an entry level teaching position. Being human we sometimes look for shortcuts, or the fastest was to solve our problems and while not always true it is often at the cost of others. Returning to the main topic of the article, some of the methods being currently used might have been the best option when first considered, they should have been a plan in place stating how often and when these methods are to be review by the appropriate communities, such as medical, psychological or advocates for humanity, before being introduced. The sad truth is that because of the costs associated with research, time constraints and the profitability of certain individuals that a significant of amount of abuses occurs in our institutions, before change is implemented for the betterment of all.
A. Lazo
I’m really glad to hear this bill will pass. It’s long overdue! When I was reading the short article about the children being strapped down to their chairs it reminded me of this teacher here in the Rio Grande Valley that did the same exact thing to a child. It was all over the news and lucky the child was severely hurt and the teacher was fired (Thank God). I can remember when I was about six years old and I was talking during class. The teacher got mad and asked me to pull out my hand and place it on the desk. She hit my hand with a ruler. It didn’t hurt but was really embarrassed. Being in the education field I have never witness abuse but I have heard about it. It’s really sad to hear children have died because of teachers abusing them, but what’s really worse is that it took so long to pass this kind of bill.
Tanya :o)
Preventing Harmful Restraint and Seclusion in Schools Act should have been in affect years ago. There is no excuse for teachers to be treating students with disabilities like animals. This type of treatments leads to physical and emotional pain for life. Using duck tape and rope to restrain a child are you freaking kidding me? What type of teacher would even think of using this type of treatment or classroom management? I really feel that regularly education teacher’s k-12 need to be mandated to take more special education classes while in college. I really think that this law and having teachers take more courses on disabilities will lead to more compassion from teachers.
Preventing Harmful Restraint and Seclusion in Schools Act should have been in affect years ago. There is no excuse for teachers to be treating students with disabilities like animals. This type of treatments leads to physical and emotional pain for life. Using duck tape and rope to restrain a child are you freaking kidding me? What type of teacher would even think of using this type of treatment or classroom management? I really feel that regularly education teacher’s k-12 need to be mandated to take more special education classes while in college. I really think that this law and having teachers take more courses on disabilities will lead to more compassion from teachers.
Emede Reyes
Having worked in an elementary school as a First grade Teacher for the last three and a half years, I have observed first hand that it is usually students with disabilities that have to be restrained. I consider myself very fortunate however, to work in a school that keeps true to the safety standards to prevent abusive restraint and seclusion in schools that are embodied by The Preventing Harmful Restraint and Seclusion in Schools Act. The restraints are left as last resort and only in the case in which the student is threatening to harm his/her self or are harming him/her, or the surrounding classmates and staff and the restraining is done by trained professionals. It is very disturbing to learn about the physical and emotional abuse that has been reported in schools. Unfortunately, there will always be staff and professionals in the school system that are not there for the passion of helping, teaching, and guiding kids, but are there for a paycheck and I strongly believe this plays a great role in the cases of abuse that have been reported. It is alleviating however to know that The Preventing Harmful Restraint and Seclusion in Schools Act will soon be passed to protect the students of our schools.
Crystal L. Chiu
The Preventing Harmful Restraint and Seclusion in Schools Act was long overdue and I am happy to hear that it has been passed. The number one issue here however is that the staff that usually care for these children in the school are under paid and not adequately trained. Many of these teacher’s aides have at best a high school diploma or GED and some basic in house training. To expect them to know what to do when a child loses control and lashes out it a lot to ask. Having been in a classroom next to a behavior unit in a high school, I can tell you that an 18-year-old student with autism can sound frightening to those hearing the student having a fit. While I agree with Mr. Reyes that all teachers should be required to have special education training there is a limit to how much a person can be expected to know and do. Sadly, he does make a valid point that many people go into the teaching profession for a paycheck, but I can tell you from experience that if that is the only motivation, that teacher won’t last for long.
It would be far more advantageous that along with this Act that has been passed, a greater effort be made to reduce class size for all teachers. Mainstreaming in a class of 16 to 20 students would be far better and would allow the teacher more one-on-one time with each student. This in itself would provide a far safer learning environment and perhaps alleviate the stressors that led to the problems resulting in children being injured due to restraints. While I do not condone the behaviors that lead to the need to pass the Preventing Harmful Restraint and Seclusion in Schools Act, I can understand the pressure of day to day dealings with too many students in classroom.
Sylvia S.
I work in a Special Education classroom on a daily basis and I was appalled by the statistics of abuse and unrestricted restraint that was reported by the California districts. I consider mechanical restraints to be barbaric and outdated; a lazy substitute for patience and teaching skill. I was unaware that specific policies were not in place to protect the students from abuse and I am glad that this act has been passed. It will ensure that our children are protected from in complacent and neglectful behavior exhibited by staff. The training that will be held as mandatory will provide instruction and answers for educators and assistants with questions about how to handle difficult, or confrontational situations.
John Tamez
I am pleased that a bill was passed in order to protect children from abuse. Too often untrained employees do not realize the actions they are taking to "discipline" children are really forms of abuse. It's sad that children have died from the forms of discipline some of these teachers or paraprofessionals have used. All children should be safe when they go to school; it should be a place of learning and not a place that they should fear. Teaching children with disabilities can be demanding, as the high burn-out rate for special education teachers shows. Teachers and other professionals who cannot find a better solution to keeping order in their classrooms should consider another profession or seeking training. I am especially pleased that this bill includes the stipulation that if restraints are used on a child, their parents must be informed. It is easy for a parent to think their child would make up a story like this and this stipulation will hold teacher’s accountable for their actions. A parent should always be aware of behavioral issues that their child is having.
I have never been a teacher nor have I witnessed a situation that called for placing a child in seclusion or harmful restraint. When I read that a larger proportion of these incidences ocurred with children of disabilities, it was quite shocking. I can imagine that it can be challenging to have a diverse classroom in which you may have children acting out due to disorders such as ADHD or Autism. I can understand there may be times when this child may be a harm to himself or others and will need some type of temporary seclusion or restraint, but when death results in such action it begs for further investigation. I am appauled that academic professionals would misuse their authority and commit such harmful acts to children that cannot help their behaviors. I am uncertain as to what type of protocol is in place at most school when a child acts out very inappropriatly and so outrageously that they can endanger others, but it should not be one in which a child is being punished so severley that it results in death. I am glad to hear that the welfare of children is being promoted and looked after in school settings. I am happy and more comforted to hear that this bill has been passed. I do not know what I would do if I had a child with special needs or with a disability that had been treated in such a way that was so uncivilized and endangering. Don't get me wrong, I understand that some cases call for these types of measures but it is the extent and misuse of these measures that should not be tolerated. Death should not be a result, especially in schools, where many see as a safe environmeent for their child. Proper education in working with children with disabilities should be in place for classroom teachers.
Patricia Dominguez
It is a shame to see that our nation has not advanced in some areas, but at the same time it is good to see that advocates are moving towards creating changes that will promote fair and humane treatment. A small portion caught my attention. Many of the incidents involved untrained staff. It is extremely important that staff be educated on issues for people and students with disabilities. The school system also should provide training for all educators and staff that work with people with disabilities. It is so important that people be educated. Many times people have misconceptions about people with disabilities . It is the school responsibility that they change hiring practices to require training. I do believe students with disabilities deserve to be taught by people who are trained. If all the other students are taught by teachers who have training, why do students with disabilities have to get teachers and aides that are not trained or educated? I am glad that the Act itself will allow for the provision of funds to aid the schools in providing professional development, training, and positive behavior support programs for staff. I hope the implementation of this Act be strict and effective in eliminating the incidence of harm to the student by use of restraints.
I am glad the House and Education and Labor Committee passed the Preventing Harmful Restraint and Seclusion in Schools Act, the bill will hopefully significantly decrease the amount of incidents of seclusion and restraint across the country. Earlier this month a report was broadcasted in our local news channel KRGV of a special ed student who came home from school Cavazos Elementary with bruises on his arms, legs, and back. The child suffers from bipolar disorder and autism, as well as, sickle cell anemia. The child stressed to his mother and the interviewee that they throw him against the wall and twist his arms. The mother claims the faculty is not fully trained on how to appropriately restrain her child from hurting himself or others. Currently the case is under investigation and has been reported to child protective services.
-sukania mendez
I am so glad that this legislation passed. I find it hard to believe that in some of the cases ropes, duct tape, chairs with straps and bungee cords were used to restrain or isolate young children. This is insane for anyone to do that to another person and get away with it. There has to have been some law against this in the past. I am glad that now approved it will hopefully be enforced. At this point I can say only time will tell, but I still call for jail time for those who commit these crimes on children. If I were to restrain my own child somewhere in public, you can make sure that someone would call the law on me so I would expect much more from an educational setting. It is said that the Preventing Harmful Restraint and Seclusion in Schools Act will, for the first time, put in place minimum safety standards to prevent abusive restraint and seclusion in schools across the country, similar to protections already in place in medical and community based facilities. There is a confusing part in this legislation that states that schools are required to notify parents after incidents when restraint or seclusion was used, but wasn’t this legislation set out to prohibit restraining? Like other laws and legislations there are loop holes that will be used.
James D.
The House Education and Labor Committee passing legislation to make classrooms safer for school students by preventing the misuse of restraint seclusion is a great implementation. I think that this was long overdue considering that children have been mistreated in the public schools, private schools and preschools for a long period of time. I also believe that this will ease parents mind while they are at work and they can have peace of mind in knowing that their children are now safe at school. Taking the children’s feelings into consideration, they will also feel better about attending school if they are made aware of this and also old enough to understand the legislation passed. I do feel that those children who have experienced restraint may have doubts and still be frightened, but this new implementation is something for them to look forward to for a new future.
Amy G.
I am so glad to see this going through since I last read about this. I was shocked to find out that things like this happen in today's classrooms. I cannot even imagine having my child restrained because their teachers are not educated enough to know how to treat others. I would think that being an educator they would have more sense and it makes me angry to know that anyone would think they have the right to treat others like that. This is something that is overdue and so happy that this is no longer being tolerated.
-Anna L. Ocanas
I am very glad that the this abuse prevention bill was passed because restraint should not be a way to handle any child especially one with a disability. When trying ti discipline a child the teacher as well as her teacher aides need to attend special conferences about how to be able to handle an individual when time is needed. The schools as well as the district need to be more aware of what they see as discipline and as what other would see as very harsh punishments for students. If a rope or duct tape was ever used on my child would be very enraged because i send her to school thinking its a safe enviornment and that the individuals working with them are good to them. It would be very horrible to experience such a situation under any circumstances.
These are great news! As professinal, one should not allow for this torture to happened. I believe that if you are in the teaching field is because you have passion for that, and if these types of students are mistreated it is called unfair especially becasue these kids are unable to say how they are being treated. Society needs to remember that they are students and the state is getting financial support from them just like any other normal student. Teachers shoul be more alert and pay close attention with their staff concerning the care these students require. As a parent, I would not tolerate a mistreatment from the school.
This type of information always makes me happy. It makes me happy to know that the government knows these things and is doing something to make it better. It’s very sad to know that you are train in a profession to help persons with disabilities and yet not have the delicacy and the time to actually do their job the way it should be done. As many parents take their children to school thinking that their love one is learning and is well taken care of when in reality there are abusing their children. In some case both parents have to work and are not able to see that their child is well taken care off. My sister is a pre-kinder teacher and every time something happens to any child she immediately calls the parents to let them know what happen and if the parent goes to pick up the child she will let them know at that time if it is not serious. We should all be happy that the government is doing something about it before it keeps going on and should have schools check without tell the school someone is going to observe and see if they are not abusing anyone.
It is good to know that the Government finally passed a bill to prevent aduse on children with disabilites. I can't believe that they found cases where there were schools where the staff acutally used duct tape, ropes, and bungee cords to restrain and isolate young children. I alway thought that school was suppose to be a safe place for children, but now a days it seems that just about every where is a dangerous place. Hopefull with this bill, it provides a more safe environment for children, especially for those with disabilities.
ALINA LIMON
It’s hard to believe that laws to protect our children against this type of abuse weren’t already in existence. Even harder to believe are the number of reported cases of maltreatment involving seclusion and restraint in schools. One can only imagine the amount that go unreported! I couldn’t be happier that this bill passed, as I feel it is extremely necessary. I was especially pleased to see that the bill involves additional education and training for staff members. This is one of the aspects that I felt needed the most attention. In order to provide adequate care for children with disabilities, the staff needs proper training.
Martha G. Garza
I think this bill has been so long overdue. Eduction, communication are the keys to provided children with disbailites the support and tools that lead to a lifetime of success. I love to see progression that is happening as ach day passes by.
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