Illegal Holds, Restraint and Seclusion by Nicole T. Jorwic

Here is a message to school personnel "take your hands off the students!" I was recently at a school for a meeting for one of my clients. The meeting had gone well and I was exiting the building ready to get back to the office, when I was stopped in my tracks. I saw a young and small elementary student, who appeared to be a student with special needs, being "lead" by staff with his arms held behind his back. I also heard the offending staff saying to him "come on it's time to use the bathroom."

Seeing this sight caused my blood to boil, this student was much smaller then the staff that was manhandling him, and he was obviously in distress. I immediately said something to the staff, asking why they had their hands on the student, she retorted "who are you?" and I answered "a lawyer." The mention of the "lawyer" word (which I invoke sparingly), at least in the immediate instant, got the staff to unhand the student. I quickly explained that I was trained in the techniques that I assumed she was attempting to use and that the hold she was using was not one of the approved holds, but before she could answer I saw another, even smaller student being pulled even harder by the arm to go to the bus. At this point I was feeling like if I didn't get out of this school someone was going to have to restrain me! I calmly walked over to the new offending staff member and had a similar exchange. 

While it did make me feel a bit more at ease that at least in that moment no students were being illegally restrained, I knew that the next day and maybe even in the next hour those students would not be so lucky.

Before becoming an attorney I worked in both school and camp settings with individuals with disabilities and had to go through extensive training including becoming CPI (Crisis Prevention Institute) certified. The key word there is crisis. I was taught, as are all who are certified, that the only time to use CPI holds or techniques is when, in fact, there is a crisis and the student or others are in IMMEDIATE danger. Now, it has been awhile since I worked in the school setting, but I am fairly certain that going to use the restroom is not a crisis and it definitely did not appear that anyone was in danger.

The issues of restraint and seclusion are hot topics right now, with proponents on both sides arguing before our government. For an incredibly disturbing read take a look at testimony provided by the Government Accountability Office before a committee of the House of Representatives. The title of the GAO's report is "Seclusions and Restraints: Selected Cases of Death and Abuse at Public and Private Schools and Treatment Centers." The GAO report shows that the care required in mental health settings has not been required in schools. No federal law covers this matter, state laws are either nonexistent or generally not enforced. The department of education created a table of these laws. 

Restraint and seclusion are being used illegally everyday. This is an issue that we see far too often when clients are calling for guidance. While I am not an expert, I do know that in the 7 plus years that I worked with children and adults with disabilities, none of my co-workers or I ever had to restrain a child or isolate an adult because we used the preventative steps to de-escalate even the most tense situation. When it comes to restraint and seclusion I think prevention is the key word. School personnel with minimal or no training have a persistent belief that restraining and physically handling students is the first and primary means of intervening with students. Nothing could be more wrong and illegal.

You can find a series of articles on restraint and seclusion here.

 

 

Comments

[Sandy Alperstein]

Thanks for posting the link to the Our Children Left Behind (OCLB) page. We are a group of volunteer parents fighting to protect our kids - all kids - from these sorts of abuses, and very much appreciate your spotlighting this critical issue!

[Jamoore1]

Great article thank you for raising awareness. Our special needs children need protection. We need Laws & most importantly we need the Laws enforced. Restraint, Seclusion & Aversives are being used in epidemic proportions all across the United States. An education shouldnt hurt or kill.....

"America's Forgotten Children" Restraint & Seclusion Awareness
http://www.youtube.com/watch?v=QyTfOnPLnSM

Please visit Families Against Restraint & Seclusion.

[Sean]

I agree that restraint and hands-on approaches are overused, mostly by staff who lack the skill, knowledge, or self-awareness to use other techniques. That said, there appears to be an inherent contradiction in your blog:
You claim that there are no federal laws on the subject and that state laws are "nonexistent or generally not enforced." If there are no state or federal laws on the subject, how can it be illegal?
It's unethical, and it's wrong. You damage the argument when you argue that it's illegal three sentences after you explain why it isn't.

[Sean]

However, that said, you appear not to have fully read beyond the table. Federal special education law clearly identifies the uses of aversive interventions in the case of special education students, and outlines when seclusion and restraint are appropriate. Washington State (where I live and am director for a school for kids with serious emotional disturbance) has state regulations that mirror the federal guidelines.
Inflammatory statements like "epidemic proportions" and "all across the United States" misrepresent the facts. We can stick to the facts and the ethical principles behind intervention and achieve the same goal. I know. I've done it- a 95% reduction in physical intervention in my school in one year by replacing inadequate staff, training others, and sticking to a hands-off philosophy of intervention.

[Susan Montgomery]

Restraint and seclusion also make my blood boil. I never knew it was even happening. I never knew it was part of his IEP and if it was that there was or wasnt a conditional release. I dont do these things home alone, nor enjoy them. But if I have had to the circumstances are extreme. Well when I found out most of my son meltdowns were his autism, not violent rages per say, plus putting in holds could trigger his asthma, I tried to redirect him. And usually never had a problem. His school apparenlty diagnosed him with disruptive behavior disorder, and without my consent was giving several restraints and "time-outs" monthly if not daily. they never once asked or informed me. And I guess they say they didnt have to. I am begging to differ on the matter. Especially after my son teacher grabbed him by his shirt leaving strangle marks on both sides of his neck, dropped him to the ground and then restrain so hard and bad it caused him to throw up and left bruised on his chest,it happened before lunch that day, And later he was sent in someone elses clothes. IT was not only embarressing for my son, it was a sensory issue, a bodily harm concern, medical concern not recieving treatment for injuries and asthma pump. And anxiety for him and others who witnessed it. I filed a maltreatment complaint and the police did an interview, and he said although he doesnt take the situation lightly, the law will most likely protect the teacher because my son was a danger to himself and others, therefore the restraint was "justified"...you know what my son was doing? Standing on a table!! He didnt shoot up a gas station and rob people! And a school note came home w/ 5 NCPI alerts. I didnt know what they were until weeks after what that ment. My son is scared of school. And I dont blame him.