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

[Jamoore1]

My Son was Restrained and Put in Seclusion, Yours Could be Next....
http://www.change.org/petitions/my-son-was-restrained-and-put-in-seclusion-yours-could-be-next

Dear Parents and Advocates, Please ask your Florida Senator and Florida House Representative to Co-sponsor restraint and seclusion bills - Senate Bill S144 and House Bill H1467.

S144 and HB1467 will set long-overdue standards to protect children in Florida schools from physical and psychological harm and ensure a safe learning environment for teachers and students alike.

Some of the very important highlights of the bills are the following"
Prohibit the very dangerous prone restraint
Prohibit supine restraint
Prohibit mechanical restraint
Prohibit seclusion

Regards,

Phyllis Musumeci

Anna Moore

Families Against Restraint and Seclusion

http://familiesagainstrestraintandseclusion.blogspot.com/

[Phyllis M.]

TASH Responds to American Association of School Administrators Position Supporting Restraint and Seclusion in Schools

View the full announcement at www.tash.org

Attention TASH members,

Last week, the American Association of School Administrators issued an unsubstantiated, ill-informed and reckless report in which it voiced support for restraint and seclusion use on children in our schools. This report gained much attention through e-mail circulation and national news reports. TASH has responded in order to bring clarity and truth to the conversation.

In the report, AASA frames the decision to use restraint and seclusion this way:

If school districts were unable to occasionally use these techniques with students with severe behavioral or emotional disorders, then these students would have to be institutionalized or sent to private facilities where they may not have the same rights and services available to them.

Either submit to restraint and seclusion or be institutionalized? We know these are not the only options. AASA goes on to suggest restraint and seclusion ensures greater safety for teachers, and that these practices are what allow students to remain in public school settings.

The truth is, restraint and seclusion is dangerous and traumatic for everyone involved, and is used most often for convenience and punishment rather than emergencies. These practices also disproportionately impact students with significant disabilities, particularly those between ages 6 and 10.

Please read our full response to AASA’s report here at TASH.org, and help us spread the word!

Take Action! Forward this message to:

Friends and colleagues affected by this issue

Teachers, school administrators and other school personnel

Media contacts in your area (especially education reporters)

Thank you for your support!

[Lisa DelMonte]

It is very important that we treat the children that we are teaching the same way we want our own children to be treated.
The first step to teaching any child is forming a relationship with them. Even as an adult it is hard to absorb what someone is trying to get across to you if any animosity exist between two people. Insuring our students that we are there for their benefit and not as a hindrance is essential.
The only time a child be restrained is in the event that they are a danger to themselves or others.

[Dstrong74213972]

Every student should be treated with dignity and respect. No student should be locked away in a secluded room. Every student should have assess to an education.

[Dstrong74213972]

Lets treat every student as if they were our own child.