The Arc released the following statement in response to the introduction of The Keeping All Students Safe Act, introduced by Senator Tom Harkin (D-IA) Chairman of the Senate Health, Education, Labor, and Pensions (HELP) Committee, and Senator Chris Murphy (D-CT). This piece of legislation will prohibit the use of physical restraint unless a student’s behavior poses an imminent danger of physical harm to self or others, while ensuring that personnel receive proper training, that parents are aware of any restraint used with their children, and that the most dangerous types of restraint and seclusion are eliminated.
“There is no question that the safety of our children should be a top priority, and that is exactly what The Keeping All Students Safe Act is all about. The Arc is concerned with the well-being of students as well as school personnel and we support national standards that focus on preventing behavior problems and promoting a positive and safe school climate. Children with disabilities have disproportionately high rates of being restrained and secluded in schools, and reports of this type of discipline going wrong and leading to harm of the child are all too common. We urge Senators to act quickly to protect all students in all schools by supporting this important legislation,” said, Peter Berns, CEO of The Arc.
Students are not the only ones being hurt when restraint and seclusion are used. School staff is sometimes injured when they use the practices, resulting in staff taking sick leave or even retiring from teaching.
The introduction of this legislation is paired with the release of findings of an investigation into the use of seclusion and restraints conducted by the Senate HELP Committee. The investigation found that under current law, a family whose child has been injured, experienced trauma, or died as a result of the use of seclusion or restraints in school has little or no recourse through school procedures or the courts. Examining ten recent cases where children have suffered severe trauma and even loss of life as a result of these practices, the investigation found that only eighteen states currently require parents be notified about the use of seclusion or restraints. To read the full report, visit the Senate HELP Committee’s website.