School Shouldn't Hurt

Seclusion and Restraint in Schools

Whenever we open a newspaper, turn on the television, or go on the internet these days, we hear about another child dying or being injured in school while being restrained or secluded. Some may think these are isolated incidents, but when Protection and Advocacy (P&A) agencies across the country report that school children have been killed, confined, tied up, pinned down, and battered, this is clearly more than an isolated issue-it is one of national concern.

There is consensus that seclusion and restraint are not forms of treatment, yet, children continue to be harmed because some states still have no laws or policies and school personnel lack necessary training. DRC hopes that by working with P&As across the country to draw national attention to this very important issue, Federal minimum standards will be put in place so that school children are protected from abusive seclusion and restraint practices, regardless of where they live.

• 3/3/2010 - The United States House of Representatives, under the leadership of Chairman George Miller, passed H.R.4247, also known as the Keeping All Students Safe Act. This legislation is one step closer to becoming federal law. H.R.4247/S.2860 is now under review by the Senate's Committee on Health, Education, Labor and Pensions (HELP). If this legislation moves out of committee and becomes federal law, it will address physical restraint and seclusion standards in schools nationwide. To read the entire bill go to http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=111_cong_bills&docid=f:h4247rfs.txt.pdf
• 2/2/2010 - The National Disability Rights Network (NDRN) today released a follow-up to its January 2009 report School is not Supposed to Hurt. This follow-up report, a shocking investigation chronicling the abusive use of seclusion and restraint on school children and the lack of state and federal regulation, is updated with progress made in 2009. To read the follow-up report go to http://www.ndrn.org/sr/srjan10/Schoo-%20is-Not-Supposed-to-Hurt-(NDRN).pdf
• 7/31/2009 - Secretary of Education Arne Duncan sent a letter to the states and territories urging them to develop or review and, if appropriate, revise their state policies and guidelines to ensure that every student in every school under its jurisdiction is safe and protected from being unnecessarily or inappropriately restrained or secluded. He also urged them to publicize these policies and guidelines so that administrators, teachers and parents understand and consent to the limited circumstances under which these techniques may be used; ensure that parents are notified when these interventions do occur; and provide the resources needed to successfully implement the policies and hold school districts accountable for adhering to the guidelines.

  Secretary Duncan also encouraged the states and territories to have their revised policies and guidance in place prior to the start of the 2009-2010 school year to help ensure that no child is subjected to the abusive or potentially deadly use of seclusion or restraint in a school. The Office of Elementary and Secondary Education was tasked to work with staff from our regional Comprehensive Centers to contact state offices by August 15, 2009 to discuss the status of each state's efforts with regard to limiting the use of seclusion and restraint to protect students. During this contact, discussions included relevant state laws, regulations, policies, and guidance that affect the use of seclusion and restraint, and any plans for further development or revisions.

  The accompanying document from the Department of Education summarizes the state and territorial policies regarding seclusions and restraints that resulted from these discussions in order to share information that will help protect all students. To download the state and territories summary document go to http://www2.ed.gov/policy/seclusion/summary-by-state.pdf

Relevant Publications

"SECLUSIONS AND RESTRAINTS: Selected Cases of Death and Abuse at Public and Private Schools and Treatment Centers" Testimony Before the Committee on Education and Labor, House of Representatives United States Government Accountability Office Publication no. GAO-09-719t (pdf)

Corporal Punishment in Schools

What is corporal punishment? The National Association of School Nurses defines it as "the intentional infliction of physical pain as a method of changing behavior. It may include methods such as hitting, slapping, punching, kicking, pinching, shaking, use of various objects (paddles, belts, sticks, or others), or painful body postures." 20 states including Arkansas have laws on the books that allow for corporal punishment in public schools. Most private schools banned corporal punishment in the 1960s.

Educators in Arkansas used corporal punishment 36439 times in 2005-2006 school year. A child was more likely to be hit if he/she were African American and/or if he/she were enrolled in special education. What is ironic about this situation is that no accredited teachers' college in the U.S. advocates the use of corporal punishment. If they don't teach the use of corporal punishment in the classroom, why is the use of it still legal? The research shows that children who are beaten and abused are more likely to be prone to depression, low self-esteem and suicide. The simple fact that corporal punishment as a disciplinary measure is not part of any education curriculum indicates that educators at every level know that corporal punishment has no place in the classroom.

The United States Congress has not acted yet to enact federal legislation banning corporal punishment. Since education is widely viewed as a local and state matter, any further banning of corporal punishment will probably have to occur at that level. DRC hopes that by continuing to draw attention to the use of corporal punishment in Arkansas, Arkansas will enact legislation banning corporal punishment in all schools.