Special Educators Applaud Proposed Legislation On Restraint & Seclusion--CEC and CCBD recommendations are key elements of proposed legislation

Recommendations from the Council for Exceptional Children (CEC) and its division, the Council for Children with Behavior Disorders (CCBD), played a key role in bipartisan legislation introduced in the U.S. House of Representatives today that aims to protect children from misuse of restraint and seclusion practices. 

The legislation, introduced by U.S. Rep. George Miller (D-Calif.), chairman of the House Education and Labor Committee, and U.S. Rep. Cathy McMorris Rodgers (R-Wash.), a member of the Committee and vice chair of the House Republican Conference, is the first national effort to address harmful restraint and seclusion.  Restraint and seclusion, if used appropriately, can be effective tools when dealing with children with behavioral issues.

“CEC applauds Chairman. Miller and Rep. McMorris Rodgers for their leadership and supports these efforts to provide a unified system of support for children, youth and professionals,” said Deborah Zeigler, CEC’s associate executive director for policy and advocacy services.

“CEC pledges to work with the field to assist in the implementation of this legislation and to continue to foster good evidence-based practices that will ensure that all students are protected from extreme and inappropriate use of physical restraint and seclusion in schools,” Ziegler said.

CCBD released two position statements on restraint and seclusion last spring to provide schools with alternative procedures which can be used to help staff in emergency situations. Many of the recommendations in the statements, the result of CCBD and CEC’s work, are key elements of the legislation, including:

• that states receive assistance in offering and monitoring trainings programs.
• that support for the implementation of preventative school-wide measures like positive behavior intervention is provided.
• that parents be notified following an incident.

The release of the special education policy recommendations coincided with a hearing held by Chairman Miller, “Examining the Abusive and Deadly Use of Seclusion and Restraint in Schools.” Witnesses testified on the use of these procedures and were joined by family members of children who have been harmed by the improper use of seclusion and restraint.  

“The Council for Children with Behavioral Disorders has long been concerned with the issue of children who are being inappropriately secluded and/or restrained in the nation’s schools,” said Alec F. Peck, president of CCBD.  “As we have recommended, this legislation would provide schools with procedures that can be used to help students regain self-control in emergency situations and to prepare staff to use conflict de-escalation procedures proactively.  Staff should be using restraint and/or seclusion only when absolutely necessary.”

Read CEC’s press release.

Read CEC’s Policy on Physical Restraint and Seclusion Procedures in School Settings. 

Read CCBD's full position on restraints.

Read CCBD's full position on seclusion.

Comments

[D. Dunn]

As a special education teacher who is trained to use restraint techniques and one who is involved in periodic restraints, I am very involved in this issue. I support any legislature that put specific safety practices into place nationally.

My staff and I are trained in Therapeutic Crisis Intervention and take yearly refreshers to be sure that our techniques are still appropriate and safe. My school district also requires that parents be notified of any restraint that is performed, complete with type of restraint used and duration. We also have the school nurse check the student just after the restraint and 30 minutes later to ensure the student's health.

As mentioned in my Therapeutic Crisis Intervention refresher this fall, each episode of restraint is traumatic to a child. I do not doubt the need for restraint techniques but I do believe they should only be used as a last resort and completed by a person who has received extensive training.

[Greg]

I agree with D. Dunn. I am also a special educator trained in restraining students to keep them and others safe. My current school district uses CPI (Crisis Prevention Institute) to train educators to safely restrain students.

When I first began my career, this training focused on the mechanics of restraint. Now the training incorporates instruction on the philosphy of using restraint as a last resort (as Dunn stated) and when it is appropriate to restrain a student (only when the student or another person is in immediate physical harm).

I applaud the legislators who are addressing this issue because of the tragic injuries and deaths in students with disabilities that have resulted from a lack of training in restraining these students safely.

Thank you.