CEC Policy Insider

Restraint and Seclusion Bill Introduced in the House!

Since 2009, CEC has supported federal legislation, which is closely aligned with our Policy on Restraint and Seclusion, and would restrict the use of restraint and seclusion in public schools, except in cases of emergency. Unfortunately, although introduced in the House and Senate for the last 2 Congresses, this legislation has never passed.

But recently, undeterred by the past, Congressman George Miller (D-CA), ranking member of the House Education & Workforce Committee and Congressman Gregg Harper (R-MS) re-introduced the Keeping All Students Safe Act, HR 1893.  The Keeping All Students Safe Act will provide vital protections for all American children.  Read the legislation here. 

In 2009, a Government Accountability Office study found that states lacked consistent training policies about the use of restraint and seclusion and often failed to collect data about these techniques use.  In March 2012, the Civil Rights Data Collection showed that nearly 40,000 students were physically restrained during the 2009-10 school year.  This data also showed that restraint and seclusion are disproportionately used upon students with disabilities and minority students.  CEC continues to work for strong federal legislation, in line with our Policy Recommendations, to ensure that all educators have the support they need in the classroom to provide appropriate safe instruction and that all children are protected.

CEC has continued to advocate in both the Senate and House to ensure responsible legislation is enacted. Read about some of our efforts here.

Read the legislation here.

Watch Congressman Miller talk about why he supports this legislation here.

CEC Expert Tells Senate How to Prevent and Reduce Restraint & Seclusion

Thursday, July 12, Senator Harkin (D-Iowa) the Chair of the Senate Health Education Labor and Pensions Committee (HELP Committee) convened a hearing entitled, “Beyond Seclusion & Restraint: Creating Positive Learning Environments for All Students.” Watch the full hearing here. Check out CEC’s Restraint & Seclusion webpage for more information.

Longtime CEC member and former President of CEC’s Division, Council for Children with Behavior Disorders (CCBD), Dr. Michael George testified about his experiences working with children with emotional and behavioral disabilties, most recently at The Centennial School. Dr. George explained how he and his leadership team changed the environment at The Centennial School and dramatically reduced the use of restraint and seclusion procedures.

CEC Advocates Storm Capitol Hill; Call on Congress to Invest in Education and Reject $1 Billion in Cuts to Special Education

On Tuesday, leaders from CEC’s grassroots advocacy network from across the nation joined together in Washington, DC to implore policymakers to invest in special and gifted education programs rather than cut nearly $1 Billion from special education programs.

Starting on January 2, 2013, $990 million will be cut from all programs within the Individuals with Disabilities Education Act through a process called “sequestration” unless Congress acts to change this current law:

• IDEA Grants to States for school aged children (Part B) – Cut by $903 Million
• IDEA Preschool Grants (Part B sec. 619) – Cut by $29 Million
• IDEA Infants & Toddlers with Disabilities Program (Part C) – Cut by $35 Million
• IDEA National Support Programs (Part D) – Cut by $19 Million
• Special Education Research – Cut by $4 Million

CEC’s Children and Youth Action Network Coordinators (CAN) – CEC’s grassroots liaisons to each CEC state unit and division – explained to policymakers the significant impact this funding cut would have on children and youth with disabilities using data from a recent national survey and stories from their own hometowns.  This recent survey of CEC members who are part of the Council for Administrators of Special Education (CASE), indicates that deep funding cuts would likely devastate local school districts’ ability to serve students with disabilities and mean more layoffs and less hiring.

According to the CEC/CASE Survey, if sequestration occurs:

• 81% Agree: There will be increased strain on the availability of services for students with disabilities. 
• Over 95% Agree: There will be a hiring freeze and layoffs.
• 85% Agree: Their district will cut funding for purchase of resources including needed technology.  
• 77% Agree: Their district will increase caseload.
• 79% Agree: Their district will reduce professional development. 

CEC advocates’ message was clear:  Congress must reject deep cuts to education programs, results would be devastating to children, schools and communities. But that wasn’t the advocate’s only message to Capitol Hill. 

With the reauthorization – or rewriting – of the Elementary and Secondary Education Act (No Child Left Behind) long overdue and in legislative limbo due to the election season, advocates urged policymakers to better address the needs of students with disabilities and the professionals who work on their behalf in areas such as: assessments, accountability, evaluating teacher performance, among many other recommendations found here.

Advocates also urged for:

• Ratification of the United Nations Convention on the Rights of Persons with Disabilities which establishes international standards regarding the rights and freedoms of people with disabilities and a common basis for greater civic and political participation and self-sufficiency; 
• Expanding the federal role of gifted and talented education;
• Supporting legislation to support the appropriate use of restraint and seclusion;
• Improving special education in charter schools;
• Opposing voucher programs; and
• Reauthorizating of the Workforce Investment Act: Priorities and Concerns for Students with Disabilities.

Advocacy works! Not only were advocates holding face-to-face meetings this week on Capitol Hill but thousands of special educators were taking action using CEC’s Legislative Action Center to urge the Senate Appropriations Committee to increase funding for special and gifted education.  This week, the Committee voted to increase special education programs by $130 million!  While this approval marks a significant step in the legislative process, there is still much work to do as the House of Representatives gets underway.  Stay tuned for more information next week!

CEC is extremely grateful to have dedicated grassroots advocates who take the time from their busy schedules to travel to Washington, DC.  Look for photos and more info on the meeting in the coming days!

Interested in becoming more involved in CEC’s advocacy initiatives?  Email pubpol@cec.sped.org to get on our advocacy mailing list.

Education Department Releases Resource Document on Restraint & Seclusion

The U.S. Department of Education has entered the debate around the use of restraint and seclusion in its most substantive way yet. In a 40 page document released last week, the Department identified 15 principles that it suggests states, local school districts, preschool, elementary, and secondary schools, parents, and other stakeholders consider as the framework for policies and procedures related to restraint and seclusion.

“As education leaders, our first responsibility must be to make sure that schools foster learning in a safe environment for all of our children and teachers,” U.S. Secretary of Education Arne Duncan said. “I believe this document is an important step toward this goal. I also want to salute leaders in Congress for their vigilance on this issue.”

The 15 principles that frame the document ultimately highlight how schoolwide behavioral interventions can significantly reduce or eliminate the use of restraint or seclusion. These guiding principles offer states, districts and other education leaders a framework for developing appropriate policies related to restraint and seclusion to ensure the safety of adults and children.

Importantly, the document emphasizes that restraint and seclusion are not treatment for behavior disorders and it affirms CEC’s position that any use of restraint or seclusion in schools should only occur in emergency situations - when there is a threat of imminent danger of serious physical harm to the student or others. The document also provides a synopsis of ongoing efforts by federal agencies to address national concerns about using restraint and seclusion in schools, and includes links to state restraint and seclusion policies and procedures.

 “Ultimately, the standard for educators should be the same standard that parents use for their own children,” Duncan added. “There is a difference between a brief time out in the corner of a classroom to help a child calm down and locking a child in an isolated room for hours. This really comes down to common sense.”

CEC applauds the Department for its work on this document and for the continued emphasis on this important issue.

Rea d CEC’s resources on Restraint & Seclusion.

Read the Department of Education’s full document here.

U.S. Department of Education releases Civil Rights Data

Last week, the U.S. Department of Education’s Office for Civil Rights released their Civil Rights Data Collection for the 2009-2010 school year. The data is disaggregated by race and ethnicity, English learner status, sex and by disability under the IDEA and Section 504 statues, focusing on areas such as success in college and career-ready courses, teacher equity, retention, bullying and harassment and discipline.

The numbers presented demonstrate inequalities in the American public school systems, pointing out that students covered under IDEA and Section 504 are twice as likely to face out of school suspension. Additionally, though students covered under IDEA represent 12% of the students in the sample, they represent almost 70% of students who are physically restrained by adults in their schools. The report also highlights statistics that show that over three fourths of students in Gifted and Talented Education (GATE) programs are either white or Asian, while African American students are disproportionately under represented.

To read the full summary of the OCR data, click here.