Preventing Harmful Restraint and Seclusion in School Act (HR 4247)

By Elizabeth Eubanks, Esq

On December 9, 2009, the “Preventing Harmful Restraint and Seclusion in School Act” was introduced to Congress. This Act finds that physical restraint and seclusion have resulted in physical injury, psychological trauma and death to children in public and private schools. Based upon national research, students have been subjected to physical restraint and seclusion in schools as a means of discipline, to force compliance, and as a substitute for appropriate educational support. Further, this research confirms that such practices are not therapeutic, nor are they effective means to calm or teach children, and may have an opposite effect while simultaneously decreasing a child’s ability to learn.

The stated purposes of the Act, are, in part, to:

(1) Prevent and reduce the use of physical restraint and seclusion in schools;
(2) Ensure the safety of all students and personnel in schools and promote a positive school culture and climate;
(3) Protect students from –
     a. Physical or mental abuse;
     b. Aversive behavioral interventions that compromise health and safety; and
     c. Any physical restraint or seclusion imposed solely for purposes of discipline or convenience;
(4) Ensure that physical restraint and seclusion are imposed in school only when a student’s behavior poses an imminent danger of physical injury to the student, school personnel or others.

If enacted, what will this Act do?

HR 4247 establishes the following minimum standards:

School personnel shall be prohibited from imposing on any student the following:
a. Mechanical restraints (using a device as a means of restricting a student’s freedom of movement)
b. Chemical restraints (a drug or medication used on a student to control behavior or restrict freedom of movement. This does not include medication prescribed or administered by a licensed physician).
c. Physical restraints that restrict breathing (a personal restriction that immobilizes or reduces the ability of an individual to move his or her arms, legs, or head freely.)
d. Physical escort that restricts breathing (the temporary touching or holding of the hand, wrist, arm, shoulder or back for the purpose of inducing a student who is acting out to talk to a safe location)
e. Aversive behavioral interventions that compromise health and safety.

What exceptions apply?

The Act creates an exception that permits school personnel to impose physical restraints or seclusion when the student’s behavior poses an imminent danger of physical injury and less restrictive interventions would be ineffective. Such physical restraint or seclusion must be imposed by school personnel who continuously monitor the student face-to-face. If face-to-face monitoring is not safe, then the physical restraint or seclusion must be imposed by personnel who are in continuous direct visual contact with the student. The school personnel must be trained and certified by a state-approved training program, except in the case of a “rare and clearly unavoidable emergency circumstance when school personnel trained and certified are not immediately available due to the unforeseeable nature of the emergency circumstance.” Finally, such physical restraint or seclusion must end immediately upon the cessation of the conditions described above.

How does the Act impact children with IEPs?

The use of physical restraint or seclusion as a planned intervention shall not be written into a student’s education plan, individual safety plan, behavioral plan, or individualized education program. Schools may establish policies and procedures for use of physical restraint or seclusion in school safety or crisis plans, but they may not make these plans specific to any individual student.

What is the impact at the state-level?

The Act makes states and local educational agencies responsible for ensuring that a sufficient number of personnel are trained and certified by a state-approved training program to meet the needs of the specific student population in each school.

After each incident involving the imposition of physical restraint or seclusion upon a student, the Act requires that the school immediately notify the parent of the student verbally or electronically, and, within 24 hours, the school must provide the parent with written notification.

Finally, the Act requires that the state prepare and submit a report that includes the total number of incidents in which physical restraint was imposed upon a student and the total number of incidents in which seclusion was imposed upon a student.

Your Comments and Questions are Welcome