New York City Office

655 Third Avenue, 20th Floor
New York, New York 10017
(212) 490-2020 Phone
(212) 490-2990 Fax

Westchester Office

399 Knollwood Road
White Plains, New York 10603
(914) 684-2100 Phone
(914) 684-9865 Fax

Dutchess Office

300 Westage Business Center
Drive, Suite 400
Fishkill, NY 12524
(845) 896-1106 Phone
(845) 896-1107 Fax

Proposed Bill Bans “Restraint and Seclusion Practices

By Adrienne Arkontaky

adrienne1 According to the House Committee on Education and Labor web site, a U.S. Government Accountability Office report released last spring detailed hundreds of cases of students 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.”

A bill banning school use of certain types of “restraint and seclusion” has been introduced in the U.S. House of Representatives. Rep. George Miller (D-CA) and Rep. Cathy McMorris Rodgers (R-WA) have sponsored the measure, which:

– limits use of restraint and seclusion to instances involving
“imminent danger “;

-restricts use of such measures to trained staff;

-bans mechanical restraints and methods that restrict breathing;

-prohibits use of medication to control behavior unless prescribed by a

physician.

Miller plans to conduct hearings on the proposed legislation early this year. It is anticipated that Sen. Chris Dodd (D-CT) will soon introduce a similar bill.

If the legislation is passed, schools would no longer be allowed to include restraint and seclusion as a behavior management method in Individualized Education Plans (IEPs). They would also be required to report any use of such techniques to parents.

States would be required to develop policies in compliance with national guidelines mandating improved staff training and development of better data collection for the purpose of public reporting.

We will continue to keep you updated on this important issue.

Adrienne Arkontaky, whose practice focuses on special needs planning and special education advocacy, is a former service coordinator, who has on-the-ground experience with the social services that are critical to her clients. She was inspired to become an attorney by the challenges that she faced as the parent of a child with special needs.

PDF