Restraint and seclusion should only be a last-resort intervention in our nation's schools. Yet, a recent WFYI investigation found that the Indiana Department of Education lacked oversight of such practices in schools across the state. The investigation uncovered multiple failures and discrepancies in the reporting and use of restraint and seclusion. Sadly, the report also found that some special education programs frequently seclude and restrain students and hide them from public view. As a result, families are left to file federal complaints or lawsuits against schools to address the misuse of these interventions. If your child has been wrongly restrained or secluded by their school, contact the Student Defense Team at the Lento Law Firm at 888.535.3686 or through our online form and fight for your child's rights.

After the WFYI report, Indiana lawmakers filed legislation to fix these issues, disproportionately affecting special education students. The bill proposes several protections for students, such as:

• Requiring schools to install cameras in special education classrooms, as well as rooms used for seclusion, time-out, and sensory relief.
• Adding a time-out to the list of interventions schools should implement as a last resort, which would be documented and reported to the student's parents or guardian and the Indiana Department of Education.

Rep. Becky Cash, who authored the bill, is the mother of several children with disabilities. She said she also wrote the legislation after hearing that school staff told a 7-year-old Indiana school student with a disability to eat his own vomit. “We need meaningful legislation that will better protect children with special needs,” she told WFYI.

Restraints and Seclusion Should Only Be Used in Extreme Situations

Schools should only use restraining and seclusion on students if they exhibit dangerous behaviors toward themselves or others. That means school staff should only use these interventions when there is an imminent risk of serious and imminent physical harm or injury. Many school districts across the country fail to conduct the proper oversight of these incidents to ensure teachers are using these disciplinary measures properly and not unfairly disciplining disabled students. If your school unfairly disciplined your student, you may have grounds to hold the school accountable.

Contact the Lento Law Firm's Student Defense Team

Special education programs are designed to help students with disabilities learn and thrive. When a school's actions hamper your child's ability to get the most out of their education experience, you must stand up and fight for them. The Student Defense Team at the Lento Law Firm can help.

We have helped families nationwide defend their children against unfair treatment by their schools and hold these institutions accountable. If your child's school unfairly disciplined them, the Lento Law Firm's Student Defense Team can help you, too. Contact us today at 888.535.3686 or through our online form to learn more about how we can help you and your student get the special education experience they deserve.