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Seclusion and restraint practices in the U.S. education system

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Restraint and seclusion is a highly controversial practice in the special education system involving holding students down physically or involuntarily locking students in seclusion rooms.[1] In United States public schools, the practices of restraint and seclusion are not regulated on the federal level. All but four of the 50 U.S. states have regulations on portions of these practices.[2]

Woman in padded cell/seclusion room

Misuse of restraint and seclusion

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Seclusion and restraint are often misused in both public and private schools causing severe injury and trauma for students. restraint and seclusion are often used as punishment for minor behavioral problems.[3][4] these issues have caused people to call the practices a human rights issue, disabled rights issue, and civil rights issue. There is a recorded surveillance video of an 8 year old being dragged by 3 staff members into a seclusion room/padded cell with no windows. after the door had been opened he was found laying in his own blood. his mother had called it a battle between adults and a child and said "I challenge the experts to show us anywhere how this helps the behavior. How this isn’t traumatizing. Because you can’t. There is no positive thing that comes from this," Linda said. "It doesn't change behavior. It re-traumatizes children. And it opens them up to injuries and all other kinds of things. Why are you continuing to do this?"[5]

Types of rooms for seclusion

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Seclusion can occur in any room someone can be locked alone in. most fit the definition for padded cells.[6] While most seclusion rooms could be called padded cells not all are padded.[7]

Types of seclusion room

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  • small padded rooms
  • utility closets
  • padded cells
  • areas blocked off with gym mats
  • empty administrative offices

Practices

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Poster protesting the school practices, relating to the death of Max Benson

Restraints are defined by the U.S. Department of Education as "a personal restriction that immobilizes or reduces the ability of a student to move his or her torso, arms, legs, or head freely".[8]

Prone restraints are a practice where students are physically held, face-down, on the floor.[8]

Seclusion is defined by the Department of Education as "the involuntary confinement of a student alone in a room or area from which the student is physically prevented from leaving".[8]

Legality by state

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Although these practices are not regulated at the federal level, federal guidelines suggest these practices should never be used except if a student's behavior "poses imminent danger of serious physical harm to self or others".[8]

Connecticut

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Restraint and seclusion are legal in Connecticut. The acts were recorded to have taken place tens of thousands of times per year for over a decade, especially to Black students and students with autism. A bill introduced in 2023, SB 1200, would replace seclusion with a time-out in an unlocked room and limit when restraint is allowed.[9][10]

Vermont

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Prone restraints are permitted in Vermont, though strictly limited. In 2022, Harwood Union Unified School District put a temporary halt to the practice while a task force would examine the district's use of the tactics.[8]

Summary of state laws

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State laws on seclusion and restraint:[11]

State laws Regulation against use Seclusion ban Prone restraint ban Mechanical restraint ban Chemical restraint ban
Alabama
  Y Partial  Y Partial  Y  Y  Y
Alaska
  Y Partial  Y Partial  Y  Y  Y
Arizona
  Y Partial  Y Partial  Y  Y Partial  Y Partial
Arkansas
  Y Partial  Y Partial  Y  Y  Y
California
  Y Partial  Y Partial  Y  Y Partial  Y Partial
Colorado
  Y Partial  Y Partial  Y[N 1]  Y  Y
Connecticut
  Y Partial  Y Partial  Y  Y Partial  Y Partial
Delaware
  Y Partial  Y  Y  Y Partial  Y
District of Columbia
  Y Partial  Y Partial  Y  Y Partial  Y Partial
Florida
  Y Partial  Y  Y Partial  Y  Y Partial
Georgia
  Y  Y  Y  Y  Y
Hawaii
  Y  Y  Y  Y  Y
Idaho
  N  N  N  N  N
Illinois
  Y Partial  Y Partial  Y  Y  Y
Indiana
  Y Partial  Y Partial  Y Partial  Y  Y
Iowa
  Y Partial  Y Partial  Y  Y  Y
Kansas
  Y Partial  Y Partial  Y  Y  Y
Kentucky
  Y Partial  Y Partial  Y  Y  Y
Louisiana
  Y Partial  Y Partial  Y Partial  Y  Y Partial
Maine
  Y Partial  Y Partial  Y  Y  Y
Maryland
  Y Partial  Y Partial[N 2]  Y  Y  Y Partial
Massachusetts
  Y  Y  Y  Y  Y
Michigan
  Y Partial  Y Partial  Y  Y  Y
Minnesota
  Y Partial  Y Partial  Y  Y Partial  Y Partial
Mississippi
  Y Partial  Y Partial  Y  Y  Y
Missouri
  Y Partial  Y Partial  Y  Y Partial  N[N 3]
Montana
  Y Partial  Y Partial  Y Partial  Y  Y Partial
Nebraska
  N  N  N  N  N
Nevada
  Y Partial  Y  Y Partial  Y Partial  Y Partial
New Hampshire
  Y Partial  Y Partial  Y  Y  Y
New Jersey
  Y Partial  Y Partial  Y Partial  Y Partial  Y Partial
New Mexico
  Y Partial  Y Partial  Y  Y Partial  Y Partial
New York
  Y Partial  Y  Y Partial  Y Partial  Y Partial
North Carolina
  Y Partial  Y Partial  Y Partial  Y Partial  Y Partial
North Dakota
[N 4] 		 N  N  N  N  N
Ohio
  Y Partial  Y Partial  Y  Y  Y
Oklahoma
  Y Partial  Y Partial  Y  Y  Y
Oregon
  Y Partial  Y Partial  Y  Y  Y
Pennsylvania
  Y Partial  Y  Y  Y Partial  Y Partial
Rhode Island
  Y Partial  Y Partial  Y Partial  Y Partial  Y
South Carolina
  N  N  N  N  N
South Dakota
  Y Partial  Y Partial  Y  Y Partial  Y Partial
Tennessee
  Y Partial  Y Partial  Y  Y  Y
Texas
  Y Partial  Y Partial  Y  Y Partial  Y
Utah
  Y Partial  Y Partial  Y  Y  Y
Vermont
  Y Partial  Y Partial  Y  Y  Y
Virginia
  Y Partial  Y Partial  Y  Y  Y
Washington
  Y Partial  Y Partial  Y  Y Partial  Y Partial
West Virginia
  Y Partial  Y  Y  Y  Y Partial
Wisconsin
  Y Partial  Y Partial  Y Partial  Y  Y
Wyoming
  Y Partial  Y Partial  Y  Y  Y Partial

See also

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References

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Explanatory notes

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  1. ^ Colorado is unique among states in defining prone restrains as lasting more than five minutes, unless it is in the prone position.[11]
  2. ^ Banned in public schools and limited in non-public schools.[11]
  3. ^ State officials "would not recommend" the use of chemical restraints, but have not banned the practice.[11]
  4. ^ A spokesperson for the North Dakota Department of Public Instruction stated: "North Dakota has no state laws or regulations about the use of restraint or seclusion in schools. The North Dakota Legislature has [repeatedly] declined to approve bills on this subject. ... [There is] a North Dakota School Boards Association suggested policy on restraint and seclusion which many of our school districts have adopted. The existence of the School Boards Association’s suggested policy on seclusion and restraint, and the fact that many districts have adopted it, has been used in the Legislature as a reason not to adopt a state law on the same subject. A School Boards Association manual that includes the suggested policy raises this point. 'One way to preserve local control of the restraint or seclusion policy is to demonstrate to lawmakers that North Dakota schools have, on their own, adopted restraint and seclusion policies that contain reasonable and practical protections for students and staff,' the statement says."[11]

Citations

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  1. ^ "Restraint and Seclusion - NYRA". August 2, 2018. Retrieved April 2, 2024.
  2. ^ Desk, JOCE STERMAN, ALEX BRAUER and ANDREA NEJMAN | The National (March 21, 2022). "Kids locked away, held down: Investigating 'seclusion & restraint' practices at schools". WZTV. Retrieved April 2, 2024. {{cite web}}: |last= has generic name (help)CS1 maint: multiple names: authors list (link)
  3. ^ Desk, JOCE STERMAN, ALEX BRAUER and ANDREA NEJMAN | The National (March 21, 2022). "Kids locked away, held down: Investigating 'seclusion & restraint' practices at schools". WHAM. Retrieved April 3, 2024. {{cite web}}: |last= has generic name (help)CS1 maint: multiple names: authors list (link)
  4. ^ Gaines, Lee V. (June 6, 2023). "Indiana isn't holding schools accountable for forcibly isolating and restraining students". WFYI Public Media. Retrieved April 3, 2024.
  5. ^ Desk, JOCE STERMAN, ALEX BRAUER and ANDREA NEJMAN | The National (March 21, 2022). "Kids locked away, held down: Investigating 'seclusion & restraint' practices at schools". WHAM. Retrieved April 5, 2024. {{cite web}}: |last= has generic name (help)CS1 maint: multiple names: authors list (link)
  6. ^ "PADDED CELL | definition in the Cambridge English Dictionary".
  7. ^ "Civil Rights Division | What is Seclusion?". www.justice.gov. August 23, 2022. Retrieved April 9, 2024.
  8. ^ a b c d e D'Auria, Peter (September 19, 2022). "In one Vermont school district, the practice of physically restraining students has drawn scrutiny". VTDigger. Retrieved March 20, 2023.
  9. ^ Putterman, Alex (March 15, 2023). "Parents, advocates speak against restraint, seclusion in CT". CT Insider. Retrieved March 20, 2023.
  10. ^ Putterman, Alex (October 27, 2022). "'Major red flag': CT students restrained, secluded thousands of times". CT Insider. Retrieved March 20, 2023.
  11. ^ a b c d e "How often schools in your state reported restraint, seclusion use". Times Union. Retrieved March 20, 2023.
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