Rep. Joe Courtney: Congress Must Make Schools Safe Havens for Children
(This is a guest blog post by Rep. Joe Courtney, Education and Labor Committee Member.)
In 1998, the Hartford Courant earned a Pulitzer Prize for a series of stories on the use of restraint and seclusion tactics on students with disabilities in treatment facilities. The tales of children who were injured, or in some cases, died, shocked parents and educators across the country. As a parent of two, I was among those who were horrified. While previous Congresses passed legislation to reduce this abuse in treatment facilities, no federal laws were ever created to protect children from dangerous physical restraint in schools.
In 2009, the House Committee on Education and Labor, of which I am a member, held hearings on the use of seclusion and restraint. The testimony we heard from various experts was disturbing and signaled that Congress must act expeditiously to end once and for all seclusion and restraint. The most powerful testimony came from parents whose children were killed or severely injured as a result of dangerous restraint techniques.
In response to those stories, and the countless cases in which children have been injured or died, Education and Labor Chairman George Miller introduced the Preventing Harmful Restraint and Seclusion in Schools Act. I am a proud cosponsor of this bipartisan bill, which I believe will accomplish a number of important goals.
The proposal wisely bans the use of chemical or mechanical restraint and will prohibit the use of physical restraint or seclusion as a disciplinary measure. As experts throughout the medical and educational field have testified, the use of these harsh methods of controlling a child must never be utilized unless an imminent danger to a child or staff exists. Furthermore, this legislation ensures accountability and transparency, requiring that parents and school officials be notified immediately when an incident occurs. The bill requires data collection when restraint techniques are used to ensure that incidents are recorded and later used to establish best practices. We must continue to promote training for staff, and this valuable information will increase awareness to avoid future tragedies.
Tomorrow, the Committee will consider the Preventing Harmful Restraint and Seclusion in Schools Act. I look forward to working with Chairman Miller and my colleagues on the Committee to pass this legislation and to ensure that our schools are safe havens for children and staff.
14 comments:
Every time I hear about this type of proposed legislation, I think about a friend I had in elementary who had a developmental disability. I used to play with her after school, and one day I noticed she was no longer there. I found out a couple of weeks later that the reason she was taken out of school was because her special education teacher was punishing her by locking her in a closet when she misbehaved. I was shocked by that story and it still upsets me. Only a couple of days ago, though, when I was at the dentist, I saw her again. She didn't recognize me, but I recognized her. It was nice seeing her again, and I was happy she was doing well. No one deserves that kind of treatment, and I am glad that efforts are being made to stop that type of abuse which is often hidden or overlooked.
URGENT - Your help is needed on the federal bill!
Dear Advocates,
We need help with calling the minority members on the Education and Labor Committee regarding the Seclusion and Restraints Bill that is scheduled for mark up tomorrow morning. Please call the Republican Committee members below tomorrow morning Thursday 02/04/2010 and ask them to please support the Restraint and Seclusion Bill (H.R. 4247).
Please pass this information on to other advocates, friends and family members and ask them to please help make calls tomorrow morning.
John Kline (Minnesota)
Washington, D.C. Office
1210 Longworth HOB
Washington, DC 20515
Phone: (202) 225-2271
Fax: (202) 225-2595
Michael Castle (Delaware)
Washington Office 1233 Longworth HOB
Washington, DC 20515
p: 202.225.4165
f: 202.225.2291
Brett Guthrie (Kentucky)
Washington, DC Office
510 Cannon H.O.B.
Washington, DC 20515
Phone: (202) 225-3501
Fax: (202) 226-2019
Bill Cassidy (Louisiana)
Washington DC Office
506 Cannon HOB
Washington, D.C. 20515
Phone: (202) 225-3901
Fax: (202) 225-7313
Vernon Ehlers (Michigan)
Washington Office
2182 Rayburn House Office Building
Washington, DC 20515
voice (202) 225-3831
fax (202) 225-5144
Judy Biggert (Illinois)
Washington, DC Office
1034 Longworth House Office Building
Washington, DC 20515
Phone: 202-225-3515
Fax: 202-225-9420
Thank you!
Regards,
Phyllis Musumeci
Parent Advocate and mom to Christian
Families Against Restraint and Seclusion
It's hard for me to believe that a law against this kind of treatment in our schools doesn't alrady exist. When parents send their children off every morning,they do it under the assumption that they are going to a safe and loving learning environment. Iam excited to learn that something is being done,but cant help feeling outraged by the number of children that are having to endure this type of inhumane treatment and will continue to if this bill is not passed.
M. Garza
I am so shocked and astounded, on how someone cannot acknowledge how the act of physically restraining or secluding an individual is in nearly all cases blatantly wrong; furthermore, to even think of performing these actions on a defenseless child who lacks understanding is mind bobbling. These particular cases are especially close to my heart, my little brother was diagnosed with mental retardation since infancy, I cannot imagine his special education teacher or assigned teacher aid performing such actions, in fact the thought that other teachers or school members around the country are doing so concerns me. While it is not likely that everyone will abuse the authority given to them by this law it is nearly impossible to think that at least some of them will not exploit the power that this act provides them. This level of authority for a teacher to possess is far to dangerous a thing for them to have over our children, and likely unnecessary. While I recognize that the passing of this act is an efficient tool to many of the teachers and in some cases will give them the ability to more efficiently control the atmosphere of their classroom I simply cannot ignore the fact that if this level of authority is abused even once it could quite likely lead to the physical injury, negative mental development, or even the death of one of our children.
-sukania mendez
I cannot believe children have died from restraint and seclusion. It is shocking how some parents do not know how their child is being treated at school. I am not a parent, but as parents trust their child’s teacher their child is being abused at times by staff members. I am a TA for the school district of Edinburg and yes the student’s do get to you at times, but it is never to that extent where there is restraint and seclusion. I have seen it where sometimes the special ed teachers do kind of treat their student’s bad. Just because they have a disability does not mean you can treat them the wrong way. Sometimes people tend to exclude people with disabilities from activities or other type of work. Now days you can’t even touch a child because you will lose your job. No child has the right to get abused or treated badly.
Jennifer Valerio
I cannot believe that children with disabilities are being treated like this in some schools and treatment facilities. The idea of using restraint and seclusion as a form of discipline on students is unfathomable in my mind. I hope that this bill does pass because we cannot have any more incidents where students are getting hurt or even killed due to this type of treatment. When parents drop their children off at school or at a facility, you leave them with the idea that they are going to be safe and well taken care of. To hear stories like these are so saddening and upsetting. I cannot believe that a bill was not passed sooner. People have a different idea as to what is an appropriate form of disciple but chemical and physical restraint and seclusion are by no means appropriate. Having a well trained staff is also extremely important because they need to be trained how to handle children.
Victoria Lopez
I still can not believe that before this Bill was passed there was nothing specifically written to protect students with disabilities from restraint! I do have several concerns with this new Bill.
•Each state will have two years to implement the minimum standards of this Bill. In the meantime, there will no doubt be numerous cases of abuse. Why do schools need so much time to implement this Bill? If Districts can scramble around to meet new TAKS testing accommodation deadlines then, this can be done sooner.
•This Bill mentioned that parents are to be notified after a child has been restrained. I think that parents should be informed on restraining procedures at the beginning of the school year. They should also be given the opportunity to sign a document that gives or denies consent.
•I believe that the term “trained staff” should be replaced with “trained professional.” Trained staff in a school setting includes positions such as: the cafeteria manager, computer technicians, bus driver and groundskeepers. People in these positions do not risk losing a license to teach. Therefore, I think that all staff should be trained on using deescalating procedures until a trained professional is able to take over the situation.
B. Ramirez
I have worked in the school district long enough to be astounded by restraints. Some of the inclusion rooms with special needs children feel they should restrain. I feel this is a poor excuse for not wanting to do your job. Some of these children were autistic and could not stand to be restrained. When I commented I did not think this was appropriate I was frowned upon. The staff simply said "we have the parents permission". I was dumbfounded that parents would give this right to anyone. I soon left the school district wanting to make a difference. I have been to Austin to legislate, speak to senators and representatives on this issue. It is sad that our school system even allows such travesties. I will be so elated when this medieval practice is abonished.
Cris Gonzalez
Well to start off with I did not even know that this kind of torture still existed. I wonder why I never heard the tales of children who were injured or died. Restraining an individual for periods of time is considered abuse in my book so the previous legislation that Congresses passed to reduce this abuse in treatment facilities should have covered that. I am so glad that Education and Labor Chairman George Miller introduced the Preventing Harmful Restraint and Seclusion in Schools Act. I wonder what kind of punishment use chemical or mechanical restraints to promote physical restraint or seclusion. There should be more detail on this kind of information. There should also be more information of what happened to those individuals that caused the death of these individuals. I do not think that they would get away with this by simply being fired or let go from a job. I would expect nothing less than murder charges.
James D.
The House Ed and Labor considering abuse as legislation was a great step towards assisting children with disabilities in public schools and treatment facilities. A few years ago, I worked for a couple of school districts (not naming them) in the special education classes and other labs where students were assisted academically and I was able to observe the harsh treatment towards some children. In my observations, I believed that because these students were named or tagged as trouble makers and problematic children teachers were crueler to them and seemed somewhat happy to use physical restraints when they acted up. There was only one time when a student started throwing desks and being physical that I did not see staff attempt at using physical restraints on him and I was very happy to see that. It is definitely a cause for concern and I hope the House takes drastic measure so the abuse legislation can be approved!
Amy G.
These are great news! Knowing that proper education and triaing will be provided to those in the education field will ensure the lives of those children with disabilty. we need to remember that they are people too. I would be horrified if I knew that one of my children has been resrained due to her behavioral and the punishment could endanger her life. It's the right thing to have people advocating in preventing this types of abuses to these students.
It's about time that legislatures take into account that using restraints with special education students is not the proper way of trying to control these students. Proper educational classes should be offered in for special education teachers and assistants in order to fully try and help these students. However, making sure that there is a law that doesnot allow this kind of treatment towards individuals in special education classes in a great start in trying to change past mistreatment. Schools are a pathway for kids and this law will allow these students to fully understand that restaints are not the way, and that calm talking and having control should be prioritized.
Nancy L.
I can’t believe children have died from cases like these. It’s just unbelievable teacher would do such a thing. I can’t even imagine how the parents feel. To leave their children in school to be treated like that. Well the truth is there are lots of teachers that hate their job I guess they think good pay lots of vacation. Believe it or not while I was going though the program I would hear that a lot. Teachers need to understand it’s not about vacation or summers off it’s about the children their teaching. As I read the acticle he talks about the children being restraint by chemical or mechanical use I don’t even what to know what chemicals! That’s crazy! I hope cases like this don’t ever happen again because I am a mother of two and its scary thinking a teacher could harm my kids. My heart goes out to these parents.
Tanya :o(
Some od the differnt situations that mmy classmates have share are just unbeleiveable. I think that is has been long verdue hopefully we will start seeing all these changes sooner that later.
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