Seclusion and Restraint

Alaina Ellison ELS-740 Legal Issue Research Report

Whats the Issue?

GAO (Government Accountability Office)

Study found HUNDREDS of cases of alleged abuse and deaths due to seclusion and restraint (2009)
Secretary of Education Anne Duncan

Letter in response to study encouraging schools to review policies (2009)

Michigan Protection and Advocacy Service, Inc. (2009)

Definitions
Seclusion

Seclusion is the confinement of a student in a room or other space from which the student is physically prevented from leaving *
Students movement is restricted Restraint

There are three types of restraint: physical, chemical, and mechanical *

Restricts movement
Michigan State Board of Education. (2006). Supporting Student Behavior: Standards for Emergency Use of Seclusion and Restraint.

Laws?
No Federal Law

House Bill 1381: Keeping All Students Safe Act seeks to prevent and reduce the use of physical restraint and seclusion in schools (2011).

Michigan State Board of Education Standards for Emer Board Policies

Exceptions.
Seclusion

Time-out
a limited and specified time, is placed in an environment where access to positive reinforcement is unavailable. Restraint

Briefly holding a student to escort or prevent impulsive behavior (running in front of a car) Take a weapon away Break up a fight

When can you use these?

In an EMERGENCY!

a situation in which a students behavior poses imminent risk to the safety of an individual student or to the safety of others. An emergency requires an immediate intervention (2006, p.13).
Not for convenience of staff! Ex. wanting a student to move to a new location, as a substitute for inadequate staffing, as a form of discipline/punishment

Prohibited Practices
The following are prohibited under all circumstances, including emergency situations: corporal punishment as defined in 380.1312(1) of The Revised School Code, 1976 PA 451; the deprivation of basic needs; anything constituting child abuse; seclusion of preschool children; and the intentional application of any noxious substance(s) or stimuli which results in physical pain or extreme discomfort. A noxious substance or stimuli can either be generally acknowledged or specific to the student.

A Different Point of View

the use of restraint and seclusion should be eliminated entirely (Christine, 2011, p.229).

IEPs can include seclusion/restraint in BIPs

This author feels that due to this, seclusion and restraint can still be abused

My Point of View
Michigan State Board of Education Standards for Emergency Use of Seclusion and Restraint (2006)

Positive Behavior Support FIRST to PREVENT! Trained Staff (updated annually)

Administrators, SE Teachers, Paraprofessionals

Documentation EMERGENCY ONLY!

Recommendations
Review Board Policies Review Michigan State Board of Education Standards for Emergency Use of Seclusion and Restraint Train Staff (annually) ALL Staff made aware of policies Implement PBS district-wide to PREVENT dangerous behaviors!

Questions?

References
Christine, F. N. (2011). Eliminating the use of restraint and seclusion against students with disabilities.Texas Journal on Civil Liberties & Civil Rights,16(2), 189-231. Retrieved from http://ezproxy.arbor.edu:80/login? url=http://search.proquest.com/docview/880947543? accountid=13998 H.R. 1381--112th Congress: Keeping All Students Safe Act. (2011). In GovTrack.us (database of federal legislation). Retrieved October 19, 2012, from http://www.govtrack.us/congress/bills/112/hr1381 Michigan Protection and Advocacy Service, Inc. (2009). Safe and Protected? Restraint and Seclusion Remain Unregulated and Underreported in Michigan Schools. Retrieved from http://www.mpas.org/MPASFiles/MPAS_RS.pdf.pdf Michigan State Board of Education. (2006). Supporting Student Behavior: Standards for Emergency Use of Seclusion and Restraint. Retrieved from http://www.michigan.gov/documents/mde/Seclusion_and_Restraint_St andards_180715_7.pdf Stader, D. L. (2013). Law and ethics in educational leadership (2nd ed.). Upper Saddle River, New Jersey: Pearson. U.S. Government Accountability Office. (2009, May