Restraint and seclusion are two controversial disciplinary practices. With a lack of federal law on the issue, each state sets its own policies and laws about the practices.
Studies have shown that restraint and seclusion can have serious and negative effects on students. The practices put students at risk of physical injury and can undercut a student's feeling of safety in school.
Students with disabilities are more likely than their classmates to be subjected to these practices. It can also be difficult to get an exact estimate of how often these practices are used. Numerous school districts have been caught underreporting their use of restraint and seclusion.
Schools have an obligation to keep their communities safe, which is why even states that limit the practice don't completely ban it. The negative effects on students subjected to these practices, however, are why some people believe they should be sent the way of corporal punishment.
If your student has been subjected to restraint or seclusion, you have options for pushing back, up to and including lawsuits. Restraint and seclusion can cause long-term physical or mental injury, and families may decide to sue to protect their child's education and safety.
The Education Law Team at the Lento Law Firm works with families throughout the United States to protect their children from seclusion, restraint, and other harsh disciplinary practices. Call us at 888-535-3686 or fill out an online form.
What is Restraint?
Restraint refers to limiting a student's movements. This may be done by another person physically holding them or through the use of mechanical restraints, such as a strap or device to control and minimize their movements. It can also refer to chemical restraint, which refers to using medication or other substances that restrict someone's movements.
Restraint can involve pinning a person's entire body or part of their body. Limiting a student's ability to move one hand is a restraint.
What is Seclusion?
Seclusion involves removing a student from a classroom or their normal schedule and placing them in another room or space. A student is isolated in that space and unable to leave it.
Some school districts may have dedicated seclusion rooms or isolate a student in a room. Other school districts may have something equivalent to a time-out corner. In seclusion, students are often alone or unsupervised.
With seclusion rooms, it's been reported that schools often try to minimize comfort. These rooms may lack windows, be padded, or have minimal furniture. The walls may be concrete blocks.
The key detail with seclusion is whether a student has the freedom to leave the room or space. Seclusion occurs when a student is unable to leave the space.
Federal Guidance on Restraint and Seclusion
Federal law is silent on seclusion and restraint. The U.S. Department of Education has released nonbinding guidance on the use of seclusion and restraint in educational settings.
Without any federal laws or regulations, each state has considerable flexibility in setting its laws on the two practices. Some states severely curtail them. Some have laws that cover both public and private schools. Others adopt a more laissez-faire approach and let school districts determine their policies.
The federal government does collect data on the use of seclusion and restraint. This date has been proven ineffective, however, with several school districts ignoring or underreporting the use of seclusion and restraint in their schools.
For example, Fairfax County Public Schools in Virginia reported no instances of seclusion or restraint in multiple years. The actual number was in the thousands, and they were alleged to have disproportionately used the practices on students with disabilities.
The federal government provides non-binding guidance. The Restraint and Seclusion: Resource Document lists 15 principles the Department of Education believes should be the framework for the use of seclusion or restraint.
The Department of Education generally recommends minimizing the use of seclusion and restraint. The exception is in situations that involve imminent harm to the student or other members of the school community.
What The Experts Say About Restraint and Seclusion
News reports have told of students being seriously injured, including dying, as a result of seclusion and restraint. One student reported being diagnosed with PTSD after being repeatedly subjected to the practices.
Mental health professionals have found that being restrained or secluded can be physically and psychologically terrifying. The emotional unrest can also transfer onto other members of a student's family.
Statistics show that students with disabilities are especially vulnerable. In 2017, the U.S. Department of Education found that students with disabilities made up 13 percent of student enrollment, but over 75 percent of the students were subjected to seclusion or restraint. This follows other studies that indicate students with disabilities are more likely to be singled out for discipline.
Understanding and Correcting Behavior
Opponents of seclusion and restraint argue that the practices do nothing to correct behavior. The practices focus on punishment instead of improvement. Understanding a student, their learning style, and how they act and react can address the reason for a student's misbehavior.
One alternative is Positive Behavioral Interventions and Supports (PBIS). PBIS relies on evidence to help support students' behavioral, academic, social, emotional, and mental health. The program uses tiered support to provide different students with the support they need.
Again, these alternatives aren't binding. Neither are the resources from the Department of Education.
Consider that, in a case of a student committing academic misconduct and cheating, that student may be given a chance to correct their mistake and learn from it. In disciplinary cases, students are too often not given the tools or time to improve and learn.
Protect Your Child's Safety
Every student deserves to feel safe at school. Being subjected to seclusion and restraint can undermine a student's sense of security at school and open them up to the possibility of injury. These practices can cause emotional scars that last long beyond the disciplinary action ends.
Seclusion and restraint don't address disciplinary issues. They merely punish with no plan for improvement or preventing future misbehavior. They're used disproportionately against students with disabilities. These practices can cause physical injury and emotional and mental harm.
If your student has been subjected to seclusion or restraint in school, the Education Law Team at the Lento Law Firm can help. We work with families and students throughout the United States to protect their right to an education and to feel safe in school. Call us at 888-535-3686 or fill out an online form.
