US – 2009-2010 – S2860 – Preventing Harmful Restraint and Seclusion in Schools Act

isolationDirects the Secretary of Education (Secretary) to establish minimum standards that: (1) prohibit elementary and secondary school personnel from managing any student by using any mechanical or chemical restraint, physical restraint or escort that restricts breathing, or aversive behavioral intervention that compromises student health and safety; (2) prohibit such personnel from using physical restraint or seclusion, unless such measures are required to eliminate an imminent danger of physical injury to the student or others and certain precautions are taken; (3) require states and local educational agencies (LEAs) to ensure that a sufficient number of school personnel receive state-approved training and certification in first aid and certain safe and effective student management techniques; (4) prohibit physical restraint or seclusion from being written into a student’s education plan, individual safety plan, behavioral plan, or individual education program as a planned intervention; and (5) require schools to establish procedures to quickly notify parents if physical restraint or seclusion is imposed on their child and quickly notify the state Protection and Advocacy System if the child is seriously injured or dies from such measures. Authorizes the Secretary to award grants to states and, through them, competitive subgrants to LEAs to: (1) establish, implement, and enforce policies and procedures to meet such standards; and (2) implement school-wide positive behavior supports. Directs the Secretary to conduct a national assessment of this Act’s effectiveness. Gives Protection and Advocacy Systems the authority provided under the Developmental Disabilities Assistance and Bill of Rights Act of 2000 to investigate, monitor, and enforce this Act’s protections for students. Directs the Secretary of Health and Human Services to establish standards for Head Start agencies that are consistent with the minimum standards for the management of elementary and secondary school students. Authorizes the Secretary to allocate funds to the Secretary of Health and Human Services to assist Head Start agencies in establishing, implementing, and enforcing policies and procedures to meet such standards.

2 Responses to “US – 2009-2010 – S2860 – Preventing Harmful Restraint and Seclusion in Schools Act”

  1. Jacqueline Hanny Says:

    My son was 5 yrs. old when he was duct taped repeatedly at his school. He continued to be physically restrained by several adults including office staff, administrators, and a 19 1:1 aide that they felt was qualified to work with an Autistic student. I have pictures and the clothing that he can home in. To this day (age 13 now), it still bothers him that school personnel would do such a thing to him. School is suppose to be a place that is safe. All staff are suppose to be “highly qualified” yet this is not the case. How do I know? I am a special education teacher. None of his staff at his numerous IEP’s would listen or follow through on the advice of the professionals that I had been working with outside of the school. The IEP “sesory diet” was never followed. At one point, on a taped IEP, the OT stated that when “He” gets out of control, they hand him a sheet of paper with a list of things to do. This individuals stated that she was qualified, yet had nothing more than a class. She was not thouroughly trained or she would have known that “sensory diets’ have to be maintained throughout the day. Handing a paper to a child who can barely read and that is in a state of emotional distress is not the professional thing to do. The state needs to be aware that I have attended IEP’s where nearly 20 people from the district including the director of special education have been present and none of them knew what to do for the positive benefit of my son. They have simply stated to me that they wait for him to unravel and then they pounced on him. This method taught him nothing. How many students are being Thrown Away because people like this Director do not know what to do and have their own personal agenda. I mortaged my home, got the right help and now he is in middle school doing well, but at my expense. I should NOT have to pay for a program that works because these people feel that throwing him away is an appropriate program. I would welcome someone to review my case, speak to all the attorneys that have been involved and advocates to see exactly what I am talking about. CBS ran the pictures of my son while talking about the seclusion and restrains. I called CPS and they could/would not do anything because they were school personnel. It is a shame that in America you can get away with abuse and murder if you work for the school system.

  2. Abigail Says:

    Thank you for sharing your experience. It’s terrible that your son was treated so callously.

    You might be interested in seeing the transcripts and webcasts of some of the testimony that was taken before the House Committee on Labor and Education last spring; you can find that here:
    http://edlabor.house.gov/hearings/2009/05/examining-the-abusive-and-dead.shtml

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