JFActivist

House and Senate Both Consider Legislation to Protect Students with Disabilities from Abusive Seclusion and Restraint

From an House Committee on Education and Labor Press Release (12/9/09):

Lawmakers Introduce Bipartisan Legislation to Protect Children from Abuse in Schools

Legislation will, for the first time, address seclusion and restraint in schools; Embodies principles set by Obama administration

WASHINGTON, D.C. – U.S. Reps. George Miller (D-CA) and Cathy McMorris Rodgers (R-WA) today introduced legislation that would, for the first time, protect all children in schools from harmful uses of restraint and seclusion. The legislation embodies principles outlined in a letter U.S. Education Secretary Arne Duncan sent to Miller today. U.S. Sen. Chris Dodd (D-CT) is also expected to introduce companion legislation today in the Senate. The lawmakers unveiled the bill at a press conference this morning; click here to watch (67.4 MB file).

A U.S. Government Accountability Office report released last spring exposed hundreds of cases of schoolchildren being abused as a result of inappropriate uses of restraint and seclusion, often involving untrained staff. In some cases, children died. A disproportionate number of these victims were students with disabilities.

“Something is very wrong when our children are at risk in their own classrooms,” said Miller, the chairman of the House Education and Labor Committee who requested the GAO’s investigation. “In some cases, the abuses these kids are suffering are nothing short of torture inflicted at the hands of the very staff we entrust with their safety. Today is a critical first step toward finally ending this nightmare of abuse and ensuring that all classrooms are safe for students, their teachers, and the entire school communities.”

“As a parent, when I send my son Cole to school, my husband Brian and I send him with the expectation that he is safe from danger. We entrust him to teachers, principals, and aides. And we know those school personnel have done an outstanding job to help him and keep him safe. Yet, we know this has not been the case for other children, particularly children with disabilities who are the most vulnerable and need the most protection,” said McMorris Rodgers, a member of the House Education and Labor Committee and vice chair of the House Republican Conference. “I’ve looked into this and have come to the conclusion that there is a lack of training. As difficult situations arise, teachers or principals just don’t know what to do. The legislation that we are introducing today gives states the needed guidance and resources to enable teachers and school personnel to handle difficult situations in the most positive manner possible.”

“The tragedies associated with the inappropriate use of seclusion and restraint are not only unacceptable, they are unconscionable,” said Dodd.  “There is no place in our schools for what amounts to torture, and we need clear standards for the use of tactics that lead to the physical and psychological abuse of children.  This legislation will set clear guidelines so that children and educators alike can be sure of a safe learning environment.”

>>> For the Full Release

>>> For an H.R. 4247 Fact Sheet

>>> For the Text of the Bill-H.R. 4247

FOR IMMEDIATE RELEASE                                                  

December 9, 2009

DODD INTRODUCES LEGISLATION TO PROTECT SCHOOLCHILDREN FROM HARMFUL RESTRAINT AND SECLUSION 

WASHINGTON, D.C. – Senator Chris Dodd (D-CT) today introduced legislation to prevent the harmful use of seclusion and restraint on students. The Preventing Harmful Restraint and Seclusion in Schools Act would help ensure the safety and security of both teachers and students by preventing and reducing the use of restraint and seclusion techniques in schools. The legislation, which was also introduced in the House of Representatives today by Congressman George Miller (D-CA), would also provide proper training for school personnel who impose these techniques, in order to ensure the safety of students and educators alike.

Dodd wrote and helped pass legislation to protect children from the misuse of restraint and seclusion in most hospitals and residential facilities after an 11-year-old boy from Portland, CT died from being improperly restrained in a psychiatric hospital in 1998.

“The tragedies associated with the inappropriate use of seclusion and restraint are not only unacceptable, they are unconscionable,” said Dodd.  “There is no place in our schools for what amounts to torture, and we need clear standards for the use of tactics that lead to the physical and psychological abuse of children.  This legislation will set clear guidelines so that children and educators alike can be sure of a safe learning environment.”

 “Children should not be abused under the guise of discipline, but time after time, we’ve heard horrific accounts of what is nothing less than torture in classrooms at the hands of untrained staff,” said Congressman Miller. “It is unbelievable that children have protections against harmful restraint and seclusion in other facilities, but not in school where they spend the majority of their time. Senator Dodd and I both know it is necessary to help set the important minimum health and safety standards to stop these horrific abuses. ”

The Preventing Harmful Restraint and Seclusion in Schools Act will:

• Prohibit the use of restraint and seclusion in schools unless the student’s behavior poses an immediate danger of physical injury and less restrictive interventions would be ineffective.
• Prohibit the use of any mechanical restraint, chemical restraint, or physical restraint that restricts air flow to the lungs, and any other aversive behavioral intervention that compromises health and safety.
• Require adequate training for school personnel imposing restraint and seclusion.
• Require immediate parental notification and a school debriefing following each incident of restraint or seclusion.
• Require states to create a state plan that incorporates the minimum standards and report annually on the number of incidents of restraint and seclusion.
• Provide competitive grants to assist with developing and implementing the state plan, providing training and certification to school personnel, and implementing positive behavioral supports to further prevent restraint and seclusion.
•   Instruct the Department of Education to conduct and provide to Congress a national assessment which analyzes data on restraint and seclusion and effective practices in preventing and reducing incidents.   

Dodd is a senior member of the Senate Health, Education, Labor, and Pensions (HELP) Committee and chairman of its Subcommittee on Children and Families. Congressman Miller is the Chairman of the House Committee on Education and Labor.

 

Bipartisan Lawmakers to Introduce Legislation to Protect All Children in Schools from Abuse

Press Release from Congress (12/7/09):

Bipartisan Lawmakers to Introduce Legislation to Protect All Children in Schools from Abuse

Legislation will, for the first time, prevent harmful restraint and seclusion in classrooms

 

WASHINGTON, D.C. – On Wednesday, December 9, U.S. Reps. George Miller (D-CA) and Cathy McMorris Rodgers (R-WA) will hold a press conference to introduce new legislation to protect all children in schools from misuse of restraint and seclusion. Miller is the chairman of the House Education and Labor Committee and a member of Democratic leadership, McMorris Rodgers is a member of the Committee and the Vice Chair of the House Republican Conference.

 

This legislation is the first national effort to prevent and reduce harmful restraint and seclusion in schools. A recent U.S. Government Accountability Office investigation found hundreds of allegations that schoolchildren have been abused, and some even died, as a result of the inappropriate use of restraint and seclusion in classrooms; a disproportionate number of them were children with disabilities. Yet unlike in hospitals, and other medical and community-based facilities that receive federal funding, there are currently no federal policies that prevent the misuse of restraint and seclusion in schools. State regulation and oversight varies greatly; many states provide no guidance or assistance regarding these behavioral interventions.

 

WHO:             U.S. Rep. George Miller (D-CA), chairman of the House Education and Labor Committee

U.S. Rep. Cathy McMorris Rodgers (R-WA), a member of the House Education and Labor Committee and Vice Chair of the House Republican Conference

                        Families of children who have been the victims of harmful restraint and seclusion in classrooms

                        Additional participants TBA

 

WHAT:          Press Conference to Introduce Legislation to Prevent Harmful Restraint and Seclusion in Schools

 

WHEN:          Wednesday, December 9, 2009

11:00AM EST

 

WHERE:       Education and Labor Committee Hearing Room

                        2175 Rayburn House Office Building

                        Washington, D.C.

 

NOTE TO MEDIA:   Members of the press interested in attending this event must RSVP to Melissa Salmanowitz at Melissa.Salmanowitz@mail.house.gov or 202-226-0853. Television cameras planning to cover the event must arrive no later than 10:30 am for setup.

 

This press conference will be webcast live from the Education and Labor Committee website at http://edlabor.house.gov

Disability Coalition Applauds Health Care Legislation that expands coverage for People with Disabilities

Press Release from the Justice For All Action Network (11/9/09):

Disability Coalition Applauds Health Care Legislation

that expands coverage for People with Disabilities

Health Care Reform one of 12 items on Coalition Agenda

(Washington D.C.) -- The Justice for All Action Network (JFAAN), a coalition of disability-led organizations and allies, applauds health care legislation passed by the U.S. House of Representatives.   Passed Saturday in a House vote, the legislation increases the number of people with disabilities covered by health care and increases service options for people with disabilities. 

Key points of the legislation supported by JFAAN include:  expanding coverage to millions of people currently uninsured; a provision that makes it illegal for insurance companies to deny coverage based upon pre-existing conditions; and the inclusion of the CLASS ACT and the Community First Choice Option (CFC). 

"People with disabilities have much at stake as health care reform gets one step closer to passage," said Andrew Imparato, President and CEO of the American Association of People with Disabilities.  "A good barometer of the new system that emerges from health reform will be the extent to which it works well for people when they need it the most--whether people with disabilities and chronic health conditions can obtain acute care and long-term services and supports without incurring financial hardship or being forced into a nursing home or other institution."

Under the current system of health care, people with disabilities have no legal protection if they are denied coverage based upon their disability.  “With this bill, people with disabilities who have been denied because of pre-existing conditions will have a legal right to coverage,” said Gary Arnold of Little People of America. 

Additionally, the long-term care system currently denies the right of people with disabilities to receive services in the most integrated setting, a right recognized by the Americans with Disabilities Act (ADA) and the 1999 Olmstead Supreme Court Ruling.  Thousands of people in the United States are forced into nursing homes because supports, like personal assistant services, can only be accessed in institutions.   The Justice for All Action Network has advocated to include the CLASS Act and the CFC, which expand optional home and community services, in new healthcare legislation.  “The House vote is a good first step as we approach the 20^th Anniversary of the ADA.  We challenge Congress to finalize a bill that recognizes the civil right of people with disabilities to access to services in their homes,” said Bruce Darling of ADAPT, a grassroots disability rights group. 

Healthcare Reform is a key component of 12-point JFAAN Joint Campaign Agenda the coalition has developed that addresses major policy issues of people with intellectual, physical and psychiatric disabilities. Throughout the healthcare debate,  JFAAN members have, through outreach, direct action, and negotiation,  advocated for health care legislation that includes more long term care choices for people with disabilities.

Created in an effort to build a strong and unified cross-disability movement, the Justice for All Action Network is organized into a steering committee of 13 national consumer-led disability organizations and more than 20 organizational and individual members.  The group was formed in the wake of the 2008 Presidential Election.

About the Justice for All Action Network

 

Mission: The Justice for All Action Network is a national cross-disability coalition, led by disability groups run by persons with disabilities with support from allies, committed to building a strong and unified cross-disability movement so that individuals with disabilities have the power to shape national policies, politics, media, and culture.

Working as a coalition, JFAAN is committed to accomplishing each item on the coalition’s agenda by July 2010, the 20^th anniversary of the Americans with Disabilities Act. 

Steering Committee Members:  ADAPT, American Association of People with Disabilities, American Council of the Blind, Autistic Self Advocacy Network, Hearing Loss Association of America, Little People of America, National Association for the Deaf, National Coalition of Mental Health Consumer Survivor Organizations, National Council on Independent Living, National Federation of the Blind, Not Dead Yet, Self Advocates Becoming Empowered, United Spinal Association.

For more information, contact:

Andy Imparato, American Association of People with Disabilities, 202 521-4301, AImparato@aapd.com;

Kelly Buckland, National Council on Independent Living, 202-207-0334, kelly@ncil.org.

TN: You're Invited! Regional Leaders Speak Top Issues

From NCD (10/22/09):

National Council on Disability to Hear Presentations from Regional Leaders on Issues Affecting People with Disabilities

WASHINGTON—The National Council on Disability (NCD) will hear presentations and discuss employment, health care, and restraint and seclusion issues affecting people with disabilities during its quarterly meeting at the Holiday Inn Express, 920 Broadway, Nashville, TN, which begins at 8:30 a.m. on Monday, October 26, 2009, and concludes at 11:00 a.m. on Wednesday, October 28, 2009. This meeting is open to the public.

 

The employment session will be held on Tuesday, October 27 from 9:15 a.m. until 10:30 a.m. Speakers include:

 

Andrea Cooper, Assistant Commissioner, Vocational Rehabilitation Services, Tennessee Department of Human Services, Nashville, TN

 

Lillian Burch, Executive Director, DisABILITY Resource Center, Knoxville, TN

 

Carol Westlake, Executive Director, Tennessee Disability Coalition, Nashville, TN

 

A discussion on seclusion and restraint will be held on Tuesday, October 27 from 10:45 a.m. until noon. Speakers include:

 

Holly Lu Conant Rees, Education Advocate, ARC of Davidson County, Nashville, TN

 

Steven Glowicki, Family Educator, STEP (Support and Training for Exceptional Parents) Inc., Nashville, TN

 

A presentation on health care for people with disabilities will be held on Tuesday, October 27 from 2:00 p.m. until 3:15 p.m. The presenter will be:

 

Tony Garr, Tennessee Health Care Campaign, Nashville, TN

 

NCD will also host a reception at the hotel for meeting participants, audience members, and stakeholders from the disability community on Tuesday, October 27 from noon until 2:00 p.m. Additional details about the meeting are available at  http://www.ncd.gov/newsroom/quarterly/quarterly.htm. Written comments for Council consideration can be submitted at any time by writing to ncd@ncd.gov.

 

Specific times are also designated to receive public comment, supported by a toll-free call-in line, and input is encouraged and greatly appreciated. Individuals or organizations can also provide written comments by e-mail, fax, or mail. A public comment session will be held on Monday, October 26 from 4:30 p.m. until 5 p.m. CST. The toll-free call-in number is (888) 790-6568, and the pass code is “NCD Meeting.”

 

The purpose of NCD, an independent federal agency, is to promote programs, practices, policies and procedures that ensure full inclusion of people with disabilities into all aspects of society. NCD accomplishes this mission by providing advice and making recommendations to the President, Congress, governmental agencies, and other stakeholders.

 

For more information, please contact NCD’s Director of External Affairs, Mark S. Quigley, at mquigley@ncd.gov or by telephone at 202-272-2004.

 

Mental Health Community Calls on Congress for Alternatives to Forced Treatment

Press Release from the National Coalition of Mental Health Consumer/Survivor Organizations (NCMHCSO):

FOR IMMEDIATE RELEASE

Consumer/Survivor Coalition Calls for Voluntary, Peer-run Alternatives to Force and Coercion in Mental Health Treatment

WASHINGTON, DC (10/6/09) – Lauren Spiro, director of the National Coalition of Mental Health Consumer/Survivor Organizations (NCMHCSO), which represents individuals with psychiatric histories, will promote self-determination and community integration through peer-run alternatives to involuntary mental health treatment at a Capitol Hill briefing entitled “Facing Mental Illness: Policy Lessons from Minds on the Edge” on Wednesday, October 7, 8:00 a.m. – 10:00 a.m., at the Reserve Officers Association, 1 Constitution Ave., NE, Washington, DC. To read the NCMHCSO position statement, click here: http://www.ncmhcso.org/policy/AlternativesToForce.pdf

Ms. Spiro was a Minds on the Edge panelist, and had hoped to share NCMHCSO’s vision of recovery-oriented, consumer- and family-driven systems of care, as called for in the 2003 report of the President’s New Freedom Commission on Mental Health. Upon seeing that this recovery orientation was not included, Spiro wrote to the producers (click http://ncmhcso.org/communication.htm for the letter) to express her disappointment that the pro-force-and-coercion perspective was given disproportionate representation during the taping, and expressing her hope that the final version of the program would address this imbalance. Unfortunately the final version perpetuates the myth that persons with mental health issues cannot make their own decisions.

Daniel Fisher, M.D., Ph.D., a member of the President’s New Freedom Commission and the NCMHCSO Steering Committee, noted: “Research indicates that forced psychiatric treatments are usually traumatic, resulting in people becoming fearful of seeking help. NCMHCSO calls on Congress to fund evidence-based, recovery-oriented, cost-effective, voluntary, peer-run crisis respites. These respites are based on the values of trust, choice, and person-driven treatment planning.”

“In order to have a balanced dialogue, the public needs to know that people recover through self-determination and trusting relationships, rather than by force and coercion,” said Spiro. “Such dialogue would generate widespread support for transforming the system to better meet people’s real needs.”

For information about mental health peer-operated crisis alternatives, visit http://www.power2u.org/peer-run-crisis-alternatives.html.

The mission of the National Coalition of Mental Health Consumer/Survivor Organizations (NCMHCSO) is to ensure that consumer/survivors have a major voice in the development and implementation of health care, mental health, and social policies at the state and national levels, empowering people to recover and lead a full life in the community.

School officials stripped, locked up 9 year old

From the Columbia Daily Herald (9/24/09):

Mom: School officials stripped, locked up son
By CHRIS GRAHAM

A Maury County judge has issued an emergency injunction against educators at Joseph Brown Elementary School after a developmentally disabled student was allegedly stripped down to his underwear and locked in a seclusion room.

“I don’t want this ever to happen to another child,” said Spring Hill resident Michelle Parks, mother of the 9-year-old boy. “My child’s rights have been stripped from him.”

Parks alleges she was called to the school Tuesday to pick up her son after he had acted out in his special education class taught by Tasha Walker.

After the mother got to the school, Parks said she was led to a door with a small window. When the door was opened she saw her son standing and crying in the middle of the room wearing only his underwear...

>>> For the Full Article
>>> The School Responds
>>> Community's Opinion
>>> The Law, An Attorney's Perspective

To read about the national conversation on this shameful practice read previous Justice For All posts on Seclusion and Restraints.

Just In: AAPD Joins Facebook Causes

From the JFA Moderator:

AAPD recently joined Facebook Causes as a way to get the word out about the disability rights movement and to make it easier for YOU, our dedicated activists, to contribute your support.

Take Action TODAY: Join or Donate to AAPD's Cause on Facebook and share these links with your friends.

>>> To Join the Movement

>>> To Support our Work

Duncan and Miller Address School Abuse

Press Release from the US House of Representatives,  Education and Labor Committee (8/3/09):

Secretary Duncan Takes Critical Step to Keep Schoolchildren Safe

Chairman Miller is developing legislation to address seclusion and restraint in nation’s schools

WASHINGTON, D.C. – Late last week, U.S. Secretary of Education Arne Duncan sent a letter  to state school chiefs asking them to formally submit their policies on seclusion and restraint in schools, as part of larger efforts to prevent abusive uses of these practices in the nation’s classrooms.

>>> for the JFA post on that letter

A recent Government Accountability Office, conducted at the request of U.S. Rep. George Miller (D-CA), the chairman of the House Education and Labor Committee, uncovered hundreds of allegations of abusive uses of seclusion and restraint practices on schoolchildren over the past two decades. In several of those cases, this abuse resulted in the death of a child.

“Secretary Duncan is committed to ensuring all children, in every single school in this country, is safe and protected,” said Miller, who is working to develop legislation that would address seclusion and restraint in U.S. schools. “We need to do everything we can to protect schoolchildren from abusive, torturous, and – in some cases – deadly uses of seclusion and restraint and to stop these horrific abuses from going unchecked."

Unlike in hospitals, other health care facilities and non-medical community-based facilities that receive federal funding, there are currently no federal laws that restrict the use of seclusion and restraint in public or private schools. State regulation and oversight varies greatly. Nineteen states have no laws governing the appropriate use of seclusion or restraint in schools.

To read the GAO report, click here.

Students with Disabilities Face Corporal Punishment More Often

From an ACLU/Human Rights Watch Press Release (Aug. 10, 2009):

US: Students With Disabilities Face Corporal Punishment at Higher Rates
ACLU and Human Rights Watch Seek Ban on Physical Discipline at School

 Students with disabilities face corporal punishment in public schools at disproportionately high rates, says a report released today by the American Civil Liberties Union and Human Rights Watch. The physical discipline, which often includes beatings, can worsen these students' medical conditions and undermine their education, says the report, which calls for an immediate moratorium on corporal punishment in US public schools.

"Students with disabilities already face extra challenges, and being hit by teachers only makes it worse," said Alice Farmer, Aryeh Neier fellow with the ACLU and Human Rights Watch and author of the report. "Corporal punishment is abuse, any way you look at it, and it violates students' rights to a decent education."

In the 70-page report, "Impairing Education: Corporal Punishment of Students with Disabilities in US Public Schools," the ACLU and Human Rights Watch found that students with disabilities made up 18.8 percent of students who suffered corporal punishment at school during the 2006-2007 school year, although they constituted just 13.7 percent of the total nationwide student population. At least 41,972 students with disabilities were subjected to corporal punishment in US schools during that year. These numbers probably undercount the actual rate of physical discipline, since not all instances are reported or recorded.

Corporal punishment, legal in 20 states, typically takes the form of "paddling," during which an administrator or teacher hits a child repeatedly on the buttocks with a long wooden board. ACLU and Human Rights Watch interviews found that students with disabilities also suffered many other forms of corporal punishment, including beatings, spanking, slapping, pinching, being dragged across the room, and being thrown to the floor.

The report found that some students were physically abused for conduct related to their disabilities, including students with Tourette syndrome being punished for exhibiting involuntary tics and students with autism being punished for repetitive behaviors such as rocking. In some cases, corporal punishment against students with disabilities led to a worsening of their conditions. For instance, some parents reported that students with autism became violent toward themselves or others following corporal punishment...

>>> For the Full Release
>>> For the Report, "Impairing Education"

Comment Below: With this and the recent Congressional investigation into Abusive use of Seclusion and Restraints, we can hopefully get some desperately needed school reform.   

Secretary of Education Advises School Officials about Seclusion and Restraint Reforms

Read below a letter from Secretary of Education Arne Duncan advising school officials on how to reform their states' seclusion and restraint procedures.

July 31, 2009

Dear Chief State School Officers:

On May 19, the Education and Labor Committee in the U.S. House of Representatives held a hearing to examine the abusive and potentially deadly misapplication of seclusion and restraint techniques in schools.  Related to this hearing was the testimony issued on the same day by the Government Accountability Office on “Seclusions and Restraints:  Selected Cases of Death and Abuse at Public and Private Schools and Treatment Centers.”  The testimony is available on the Internet at the following Web address: http://www.gao.gov/new.items/d09719t.pdf.

I was deeply troubled by the testimony, as I am sure you would have been.  As education leaders, our first responsibility should be to make sure that schools foster learning in a safe environment for all of our children and teachers.  Therefore, I am encouraging each State to review its current policies and guidelines regarding the use of restraints and seclusion in schools to ensure every student is safe and protected, and if appropriate, develop or revise its policies and guidelines.

My home State of Illinois has what I believe to be one good approach, including both a strong focus upon Positive Behavior Intervention and Supports (PBIS) as well as State regulations that limit the use of seclusion and restraint under most circumstances (see http://www.isbe.state.il.us/rules/archive/pdfs/oneark.pdf).  The State’s requirements, which I found to be extremely helpful as chief executive officer of the Chicago Public Schools, were described in testimony at the hearing.  Illinois prohibits the use of seclusion or restraint for the purpose of punishment or exclusion, and allows trained staff to restrain students only in narrow circumstances.  The State allows the use of isolated time out or physical restraint only in situations when it is absolutely necessary to preserve the safety of self or others; includes rules that must be followed when these techniques are used; and requires documentation of each incident to be provided to parents within 24 hours.  Several other States have also adopted effective seclusion and/or restraint policies, but there are many jurisdictions that have not, leaving students and teachers vulnerable.

Approximately 8,000 schools across the country are already implementing PBIS, a systems approach to establishing the social culture needed for schools to achieve social and academic gains while minimizing problem behavior for all children.  PBIS provides a framework for decision making that guides the implementation of evidence-based academic and behavioral practices throughout the entire school, frequently resulting in significant reductions in office disciplinary referrals, suspensions, and expulsions.  While the successful implementation of PBIS typically results in improved social and academic outcomes, it will not eliminate all behavior incidents in a school.  However, PBIS is an important preventative approach that can increase the capacity of the school staff to support children with the most complex behavioral needs, thus reducing the instances that require intensive interventions.

The American Recovery and Reinvestment Act provides significant one-time resources that districts can use to implement a school-wide system of PBIS.  Districts could, consistent with program requirements, use funds provided for the State Fiscal Stabilization Fund, Title I of the Elementary and Secondary Education Act, the Individuals with Disabilities Education Act, and State and local funds to provide professional development, develop data systems, and offer coaching to establish and sustain these programs.  The Department’s Office of Special Education Programs funds the Center on Positive Behavioral Interventions and Supports, with a Web site (http://www.pbis.org/) where additional information and technical assistance on PBIS can be obtained free of charge.  

I urge each of you to develop or review and, if appropriate, revise your State policies and guidelines to ensure that every student in every school under your jurisdiction is safe and protected from being unnecessarily or inappropriately restrained or secluded.  I also urge you to publicize these policies and guidelines so that administrators, teachers, and parents understand and consent to the limited circumstances under which these techniques may be used; ensure that parents are notified when these interventions do occur; and provide the resources needed to successfully implement the policies and hold school districts accountable for adhering to the guidelines.

I encourage you to have your revised policies and guidance in place prior to the start of the 2009-2010 school year to help ensure that no child is subjected to the abusive or potentially deadly use of seclusion or restraint in a school.  I have asked Fran Walter of our Office of Elementary and Secondary Education to work with staff from our regional Comprehensive Centers to contact your office by August 15, to discuss the status of your State’s efforts with regard to limiting the use of seclusion and restraint to protect our students.  During this contact, we expect to discuss relevant State laws, regulations, policies, and guidance that affect the use of seclusion and restraint, and any plans for further development or revisions.  We expect to post the results of these discussions on the Department’s Web site to assist in the sharing of information that will help protect our students.  

...Thank you for your cooperation on this important topic.

Sincerely,

Arne Duncan

Comment Below:  Do you think this letter will improve the abusive use of seclusion and restraints that occurs in schools?