The U.S. Department of Education releases 15 "principles" on restraint, seclusion:
U.S. Department of Education Secretary Arne Duncan issued a document May 15, 2012, that sets forth the education department's ideas on the use of restraint and seclusion. The 45-page document includes a list of 15 principles that should be used by schools to structure environments and provide supports so that restraint and seclusion are unnecessary. The document recommends, for example, that schools review their strategies "when there is repeated use [of restraint or seclusion] for an individual child, multiple uses within the same classroom, or multiple uses by the same individual." States and school districts are not obligated to implement these principles, and the document does not create or confer any rights for or on any person or require specific actions by any State, school district or school.
Fifteen principles on the use of restraint and seclusion
1. Every effort should be made to prevent the need for the use of restraint and for the use of seclusion.
2. Schools should never use mechanical restraints to restrict a child's freedom of movement, and schools should never use drugs or medication to control behavior or to restrict freedom of movement (except as authorized by a licensed physician or other qualified health professional).
3. Physical restraint or seclusion should not be used except in situations where the child's behavior poses imminent danger of serious physical harm to self or others and other interventions are ineffective and should be discontinued as soon as imminent danger of serious physical harm to self or others has dissipated.
4. Policies restricting the use of restraint and seclusion should apply to all children, not just children with disabilities.
5. Any behavioral intervention must be consistent with the child's rights to be treated with dignity and to be free from abuse.
6. Restraint or seclusion should never be used as punishment or discipline (e.g., placing in seclusion for out-of-seat behavior), as a means of coercion or retaliation, or as a convenience.
7. Restraint or seclusion should never be used in a manner that restricts a child's breathing or harms the child.
8. The use of restraint or seclusion, particularly when there is repeated use for an individual child, multiple uses within the same classroom, or multiple uses by the same individual, should trigger a review and, if appropriate, revision of strategies currently in place to address dangerous behavior ("dangerous behavior" refers to behavior that poses imminent danger of serious physical harm to self or others); if positive behavioral strategies are not in place, staff should consider developing them.
9. Behavioral strategies to address dangerous behavior that results in the use of restraint or seclusion should address the underlying cause or purpose of the dangerous behavior.
10. Teachers and other personnel should be trained regularly on the appropriate use of effective alternatives to physical restraint and seclusion, such as positive behavioral interventions and supports and, only for cases involving imminent danger of serious physical harm, on the safe use of physical restraint and seclusion.
11. Every instance in which restraint or seclusion is used should be carefully and continuously and visually monitored to ensure the appropriateness of its use and safety of the child, other children, teachers, and other personnel.
12. Parents should be informed of the policies on restraint and seclusion at their child's school or other educational setting, as well as applicable Federal, State, or local laws.
13. Parents should be notified as soon as possible following each instance in which restraint or seclusion is used with their child.
14. Policies regarding the use of restraint and seclusion should be reviewed regularly and updated as appropriate.
15. Policies regarding the use of restraint and seclusion should provide that each incident involving the use of restraint or seclusion should be documented in writing and provide for the collection of specific data that would enable teachers, staff, and other personnel to understand and implement the preceding principles.
So what can you do? Attend your Governing Board meetings, bring the document, and ask what, if anything, your school district is doing with respect to restraint and seclusion, and ask if all the principles in the document are incorporated into your school district's restraint and seclusion policy.
