Congress gets closer to bill that would limit restraints, seclusion use in schools

From The Press-Herald in Portland, Maine:

How schools maintain order in the classroom is the focus of ongoing state and federal reviews of regulations.

Congress is considering a bill that would establish the first minimum federal standards for how teachers can restrain or seclude students who pose a danger to themselves or others.

Known as the “Keeping All Students Safe Act,” the legislation would limit the use of physical restraint and time-out rooms for all students. The House voted 262-153 to approve the bill in March. A companion bill has been introduced in the Senate.

The legislation follows a 2009 federal report that found hundreds of cases in which children were abused or died as a result of inappropriate restraint or seclusion in public and private schools.

Maine is one of 31 states that have adopted laws and regulations governing the use of restraint in schools. A bill to protect students from dangerous or abusive restraints and seclusion was introduced last year and the state Department of Education is planning to review related regulations.

On Sept. 10, the department issued an administrative letter reminding superintendents that restraining students in ways that hinder breathing or speech is prohibited.

The letter noted that federal and state agencies don’t track the use of restraint or seclusion. It also noted that schools must maintain a list of all employees who have received restraint training, and the list must include the date and type of training and the name and qualifications of the trainer.

Schools must amend local policies accordingly and notify staff.

Under current regulations, restraints and seclusion may be used as emergency interventions with any student or as part of a special education student’s individual educational plan.

They should be used by trained staff to reduce dangerous behavior after less intrusive interventions have failed, the regulations say. Restraint incidents must be reported to parents by phone or in writing on the day they occur. Seclusion should last no longer than an hour, must be observed at all times and cannot be used as punishment.