The proposed Senate bill also would prohibit the inclusion of seclusion and restraint in a student’s Individualized Education Plan (IEP) or a behavioral intervention plan. These plans have been the vehicle for parents and staff to discuss the needs of their children and appropriate school interventions. Disallowing these practices where they had been part of a student’s IEP or behavioral intervention plan in the past will lead to conflict and confusion between parents and staff as to what actions, if any, will be taken by staff in the event of a violent behavior episode.
The Keeping All Students Safe Act would require that, when a student is at risk of imposing “serious bodily injury” on himself or others, all school personnel imposing physical restraint must be trained and certified by a state-approved crisis intervention program. This will lead to considerable costs for school personnel and can be classified as another unfunded mandate. In addition, limiting training to state-approved programs would pose a greater hardship on rural and small school districts if the training center requires travel with room and board for staff.
Rather than additional federal intrusion into state and local matters, states can and have passed legislation specifying the appropriate use of seclusion and restraint. Currently, 37 states have legislation, regulations, or guidance on the topic. In the last three years, eight states have adopted executive orders, statutes, or regulations governing the use of seclusion and restraint in their schools. Most recently, Wisconsin passed legislation allowing trained personnel to use seclusion and restraint when a pupil’s behavior presents a clear, present, and immediate risk to the physical safety of the student or others and when it is the least restrictive intervention available. Wisconsin’s law also permits a staff member who is not trained to use the techniques in an emergency situation when no one trained is present.
There are growing demands for school districts to intervene when inappropriate student behavior leads to the bullying and harassment of students, or the disproportionate suspension and expulsion of minority students, or inappropriate seclusion and restraint in schools. There is a positive role that the federal government can play to help localities effectively deal with these serious issues. We propose that grants be awarded for school districts to implement evidence-based, school-wide systems that will facilitate positive behavioral interventions. We urge Congress to provide the support that will train staff to effectively deal with behavioral issues, and stop legislation that will hinder, rather than help, solve the problems.
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