Physical restraint and overuse of timeout have had very damaging effects for a number of my clients. Some students report nightmares, suffer school phobia and refuse to attend school, and for too many any chance of an inclusive education becomes impossible, with the only choice being an out of home school placement. I have fortunately not had any of my clients die as a result of inappropriate restraint, but one child came within a hour of dying from hypothermia after leaving school and becoming lost in cold weather. This near lethal episode occurred following several episodes of physical restraint by staff that had no training or experience in the proper means of intervention.
There has been a lot of attention paid to the need for more stringent laws at the state level dealing with restraint, but according to a recent study states have not acted, according to Disability Scoop:
"Nonetheless, 39 percent of states continue to have no laws or policies
guiding restraint and seclusion practices in schools, according to a
follow-up report issued by the National Disability Rights Network Tuesday. (Read all of Disability Scoop’s coverage of restraint and seclusion >>
Fortunately Congress is in the final stages of a bill to regulate physical restraint and other behavioral interventions. Given the reluctance of states to act Federal legislation is obviously necessary. We need legislation also because Arne Duncan has been dragging his feet and not providing any effective leadership on this issue, On February 24, 2010, the committee considering H.R. 4247 is set to be marked up so this is a critical time to call and email in support of this critical legislation. Jessica Butler, an attorney and COPAA officer, has written a thorough analysis of this bill.