Miller Statement on Department of Education Guidelines to Reduce Seclusion and Restraint in Schools
WASHINGTON - U.S. Rep. George Miller (D-CA), the senior Democrat on the House Education and the Workforce Committee, issued the following statement today following the release of the Department of Education’s Restraint and Seclusion: Resource Document. The resource document provides states and local school districts with guidelines and principles for developing state policies on seclusion and restraint in schools. Though there are federal safety standards on the use of seclusion and restraint in hospitals and similar facilities, currently there are no federal laws addressing seclusion and restraint in school.
“I applaud Secretary Duncan for his leadership in working to protect the safety of all schoolchildren. Though some states have made progress developing policies on seclusion and restraint, the policies vary widely in what protections they afford students. A patchwork of protections, riddled with holes, is not acceptable when it comes to children. We cannot sit idly by as incidents of students being abused or inappropriately restrained continue to occur. This resource document establishes principles for states to follow when addressing seclusion and restraint in schools. It is an important step forward in nation efforts to end dangerous and abusive practices against schoolchildren. We must continue to work to ensure that all states establish meaningful protections for our Nation’s children in school.”
The resource document identifies 15 principles that states, local school districts, schools, parents, and other stakeholders should consider as the framework for developing policies on seclusion and restraint in schools. The 15 principles support legislation championed by Miller since 2010 – the Keeping All Students Safe Act. The bipartisan legislation establishes minimum safety standards in schools, similar to protections already in place in hospitals and other facilities, to protect children from abusive practices of seclusion and restraint. Similar to today’s resource document, the Keeping All Students Safe Act would:
- Prohibit the use of any mechanical restraint, such as strapping children to chairs, misusing therapeutic equipment to punish students, or duct-taping parts of their bodies;
- Prohibit chemical restraint, meaning medications used to control behavior that are not administered consistent with a physician’s prescription;
- Limit the use of physical restraint to only cases involving imminent danger of serious physical harm to self or others, and discontinue use of seclusion and restraint as soon as imminent danger of serious physical harm has dissipated;
- Train teachers and other school personnel regularly on the appropriate use of effective alternatives to physical restraint and seclusion, such as positive behavioral interventions and supports; and
- Require notification to parents following any instance when seclusion or restraint has been used with their child.
Read the Restraint and Seclusion: Resource Document here.
For more information on the Keeping All Students Safe Act and restraint and seclusion, click here.
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