Restraint and Seclusion Bill Introduced in Senate

Senator Tom Harkin (D-Iowa), Chairman of the Senate Health, Education, Labor and Pensions Committee introduced the Keeping All Students Safe Act, which seeks to restrict potentially harmful use of restraint and seclusion in schools. Congress has been examining the use of restraint and seclusion since a 2009 GAO (Government Accountability Office) report raised concerns about death and abuse that occurred in public and private schools and treatment centers.

The GAO reported that their study did not reflect how widespread the problems are, but did examine the causes and risk factors in10 of the more serious cases they found, which included:

• Untrained staff
• Use of “face down” restraint
• Children with disabilities being particularly at risk

The House reacted by passing legislation in March of 2010, and the Senate has been negotiating various provisions in their companion legislation. The current bill is similar to the House version and would:

• Prohibit unattended locked seclusion.
• Prohibit mechanical restraint.
• Prohibit chemical restraint, defined as the use of a drug to restrict freedom or control behavior that is not prescribed by a physician or not administered as directed by a physician or prescribing professional.
• Prohibit the restraint or seclusion from being included in the student’s IEP (Individualized Educational Program) or other plan.
• Call for states to promote preventive programming to reduce use of restraints.
• Call for states to collect data on use of restraint and seclusion.
• Call for schools to hold a debriefing with parents and staff after a restraint or seclusion incident.
• Establish a grant for prevention promotion and staff training.

Both bills contain exceptions to the prohibition on physical restraint, such as an extreme emergency when the child is a threat to self or others.

In introducing the legislation Sen. Harkin said:

“This bill will set long-overdue standards to protect children from physical and psychological harm and ensure a safe learning environment for teachers and students alike.”

State legislation on restraint and seclusion had been found by the GAO to be “widely divergent.”