What are restraint and seclusion?
Restraint is the physical, mechanical, or chemical inhibition of an individual's freedom of movement, behavior, or action. Physical restraint may be someone holding an individual's arms behind his or her back. Mechanical restraint may be tying an individual to a board or a chair. Chemical restraint may be drugging an individual.
Seclusion is when an individual is placed in a room or location alone from which he or she cannot leave freely or without the assistance of another person.
Restraint and seclusion are abuse on any person, except in brief, temporary, emergency interventions -- such as if someone were actively inflicting physical harm on oneself or another person.
(Example: Person throws rocks at other people; concerned individual rushes to grab the rock-thrower's arms, but releases as soon as the rock-thrower has dropped the rocks.) It's not okay to use restraint or seclusion on an Autistic person who is stimming or suffering from sensory overload.
Seclusion is when an individual is placed in a room or location alone from which he or she cannot leave freely or without the assistance of another person.
Restraint and seclusion are abuse on any person, except in brief, temporary, emergency interventions -- such as if someone were actively inflicting physical harm on oneself or another person.
(Example: Person throws rocks at other people; concerned individual rushes to grab the rock-thrower's arms, but releases as soon as the rock-thrower has dropped the rocks.) It's not okay to use restraint or seclusion on an Autistic person who is stimming or suffering from sensory overload.
Federal Legislative Initiative
KEEPING ALL STUDENTS SAFE ACT
Bill S.2020: A bill to protect all school children against harmful and life-threatening seclusion and restraint practices.
Sponsor: Sen Harkin, Tom [IA] (introduced 12/16/2011)
Cosponsors: (None)
Latest Major Action: 12/16/2011 Referred to Senate committee.
Status: Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
Read more from TASH!
You can also read the full text of Senator Harkin's bill in PDF format here. Click to open in browser; right-click and select "save target as" to save a copy to your hard drive.
Bill S.2020: A bill to protect all school children against harmful and life-threatening seclusion and restraint practices.
Sponsor: Sen Harkin, Tom [IA] (introduced 12/16/2011)
Cosponsors: (None)
Latest Major Action: 12/16/2011 Referred to Senate committee.
Status: Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
Read more from TASH!
You can also read the full text of Senator Harkin's bill in PDF format here. Click to open in browser; right-click and select "save target as" to save a copy to your hard drive.
Read the Reports
You can click to open in your browser, or right-click and select "save target as" to save a copy to your hard drive.
- How Safe Is The Schoolhouse? An Analysis of State Seclusion and Restraint Laws and Policies by Jessica Butler, Autism National Committee. This report, current as of 20 January 2012, includes a bibliography describing laws or regulations in each of the fifty states and the District of Columbia, and multiple graphs.
- Government Accountability Office: Seclusions and Restraints: Selected Cases of Death and Abuse at Public and Private Schools and Treatment Centers. This report spurred the first federal legislative initiative to restrict use of restraint and seclusion, introduced by George Miller. That bill passed in the House of Representatives, but not in the Senate.
- Alliance to Prevent Restraint, Aversive Interventions, and Seclusion: In the Name of Treatment: A Parent's Guide to Protecting Your Child From the Use of Restraint, Aversive Interventions, and Seclusion. This report is a companion of the TASH report below.
- American Academic of Pediatrics: Clinical Report: Maltreatment of Children With Disabilities
- National Disability Rights Network: School is Not Supposed to Hurt: Investigative Report on Abusive Restraint and Seclusion in Schools, published in January 2009.
- TASH: Shouldn't School Be Safe? Working Together to Keep Every Child Safe from Restraint and Seclusion in School. This report is a companion of the APRAIS report above.
- The Council of Parent Advocates and Attorneys: Unsafe in the Schoolhouse: Abuse of Children with Disabilities by Jessica Butler, last updated in May 2009.
- February 2012 report from Minnesota Department of Education, entitled "The Use of Prone Restraint in Minnesota Schools: August 2011 through January 2012." This report also includes useful appendices.
- March 2012 report from National Disability Rights Network, entitled "School Is Not Supposed to Hurt: The U.S. Department of Education Must Do More to Protect School Children from Restraint and Seclusion." This is the third report issued under the title "School Is Not Supposed to Hurt."
Affirmation on Restraint and Seclusion
We hereby affirm that
1.) Physical, mechanical, and chemical restraint or seclusion of Autistic students and students with other disabilities is abuse except in brief, temporary, and emergency interventions when there is imminent and immediate threat of harm to self or others, and that are carefully and completely documented and reviewed with a full debriefing including the student and parent(s) or guardian(s) afterward;
2.) All special education teachers, including aides or educational assistants, ought to receive extensive education and training in appropriate interactions with and educational methods for Autistic students and students with other disabilities both before starting work with these students and throughout the duration of their careers in order to promote the best possible outcomes for all students;
3.) All non-special education teachers, including aides or educational assistants, ought to receive at least basic awareness education and training in recognizing autism and other disabilities, particularly invisible disabilities, which can include intellectual and developmental disabilities, as well as appropriate interactions with Autistic students and students with other disabilities either before beginning work as teachers or as continuing education credits in order to promote the best possible outcomes for all students;
4.) It is in the best interests of all educators, educational administrators, parents, and Autistic students and students with other disabilities to ensure the safety and well-being of all students, including Autistic students and students with other disabilities, and that a safe environment means one in which a student is free of fear of any kind of restraint or seclusion or punishment-based treatment rather than respectful, individualized education; and
5.) Appropriate continuing education professional training on interactions with Autistic students and students with other disabilities ought to include appropriate de-escalation and crisis intervention techniques that recognize significant differences in processing and communication in Autistic students and students with other disabilities, in order to prevent the use of restraints of any kind or seclusion on Autistic students and students with other disabilities.
1.) Physical, mechanical, and chemical restraint or seclusion of Autistic students and students with other disabilities is abuse except in brief, temporary, and emergency interventions when there is imminent and immediate threat of harm to self or others, and that are carefully and completely documented and reviewed with a full debriefing including the student and parent(s) or guardian(s) afterward;
2.) All special education teachers, including aides or educational assistants, ought to receive extensive education and training in appropriate interactions with and educational methods for Autistic students and students with other disabilities both before starting work with these students and throughout the duration of their careers in order to promote the best possible outcomes for all students;
3.) All non-special education teachers, including aides or educational assistants, ought to receive at least basic awareness education and training in recognizing autism and other disabilities, particularly invisible disabilities, which can include intellectual and developmental disabilities, as well as appropriate interactions with Autistic students and students with other disabilities either before beginning work as teachers or as continuing education credits in order to promote the best possible outcomes for all students;
4.) It is in the best interests of all educators, educational administrators, parents, and Autistic students and students with other disabilities to ensure the safety and well-being of all students, including Autistic students and students with other disabilities, and that a safe environment means one in which a student is free of fear of any kind of restraint or seclusion or punishment-based treatment rather than respectful, individualized education; and
5.) Appropriate continuing education professional training on interactions with Autistic students and students with other disabilities ought to include appropriate de-escalation and crisis intervention techniques that recognize significant differences in processing and communication in Autistic students and students with other disabilities, in order to prevent the use of restraints of any kind or seclusion on Autistic students and students with other disabilities.
