More than a year ago, Rep. George Miller, D-Calif., head of the House Labor and Education Committee, began probing the use of seclusion and restraints in special education classrooms. At the time, those acts seemed to be rare and isolated.
But new research has, unfortunately, proved otherwise.
Not only are many schools and teachers frequently and improperly using those methods to punish students—sometimes for seemingly trivial behavioral issues— but also a handful of incidents have resulted in students’ deaths. And state and federal policies are lax in addressing the issue, which can leave districts unable to fire abusive teachers or reprimand inappropriate acts.
In a story for the March ASBJ, I spoke to researcher Joseph B. Ryan, who was concerned about the training teachers are receiving. As part of a study that was used by Miller’s staff, he interviewed teachers and found that many had only received training on how to restrain, not when. Others, when asked about the prevalence of the use of restraints, cited policies and school rules, but when he examined incidence reports he found that the use of restraints was much more widespread than they acknowledged.
“It becomes a cultural situation—this is why parents and advocates are up in arms,” he said. “It’s an inappropriate response in the majority of times staff use it.”
Miller’s bill – which was passed by the House committee by a vote of 34 to 10 earlier this month — would create minimum safety standards for schools and require states to set and enforce policies. It prohibits a number of types of restraints deemed dangerous and requires schools to notify parents of incidents and report data to the U.S. Department of Education.
Since the story was published, NSBA has given another resounding endorsement to the measure.
“We believe that this legislation will meet our safety and other goals for students and school personnel while providing sufficient authority and flexibility to schools and school districts in training school personnel based on their unique needs,” NSBA associate executive director Michael A. Resnick wrote in a Jan. 25 letter to Rep. Miller. “The legislation is strategic and balanced in dealing with such factors as training, prohibiting the use of certain practices, and promoting positive learning supports.”
Joetta Sack-Min, Associate Editor
