Federal Ban Sought On Student Restraint

Educators' use of restraint holds and other methods to subdue students they deem disruptive has been blamed for injury or death of many students in recent years. Now groups are pushing for a federal ban on certain tactics.

Properly done, restraint involves using precise holds, often with the hands or arms, to subdue and calm someone. Students in such circumstances -- many of which have learning disabilities such as autism and attention deficit hyperactivity disorder -- also are sometimes put in so-called seclusion rooms.

Although there are no nationwide data on the use of such measures, they have attracted greater attention in recent years as more students with behavioral disabilities are being educated in mainstream schools where there is greater public scrutiny and many educators have little related training. Although some situations have been the result of threatening behavior by such students in classrooms or hallways, researchers say many incidents don't appear to have involved children who were aggressive.

In a report last month, the Government Accountability Office said it found hundreds of allegations of school-related "death and abuse" since 1990, the vast majority involving children with disabilities. The cases included a Florida teacher's aide who gagged and duct-taped children as young as 6 for misbehaving and a 14-year-old in Texas who refused to stay seated in class and died after a 230-pound teacher tried to restrain him by lying on top of him on the floor. In Texas alone, the GAO said more than 4,200 students were restrained nearly 19,000 times during the 2007-08 school year.

In January, a report by the National Disability Rights Network, a system of federally mandated legal-advocacy organizations, detailed dozens of similar cases. Such groups have been in the forefront of the debate because children with disabilities are so often involved.

Some want a federal ban on tactics such as restraints of prone students that can imperil breathing. "We think they have to be tightly controlled at the federal level," said Barbara Trader, executive director of Tash, an advocacy group for people with disabilities.

But Bruce Hunter, associate executive director of the American Association of School Administrators, said it is sometimes an educator's duty to try to restrain a student. "You can't sit and call the cops and watch," he said.

The federal government already regulates the use of restraint and seclusion in hospitals and other facilities that it helps to fund. In psychiatric hospitals, for instance, only licensed medical personnel can order that a patient be restrained or put into a locked room.

But there are no related federal laws covering schools, and state regulations -- where they exist -- vary widely. According to the GAO, seven states restrict the use of restraints but not seclusion; 19 states have no restraint or seclusion laws. "The one place where our kids spend the most time is the place where they have the least protection," says Rocky Nichols, executive director of the Disability Rights Center of Kansas, a legal-advocacy group.

In Washington, the effort to limit the use of such techniques is being championed by Rep. George Miller, chairman of the House Committee on Education and Labor. In January, the California Democrat called for the GAO review, and last month his committee held hearings. What was discovered, he said in an interview, is a system "in which children are unnecessarily dying and being harmed."

In testimony before Congress in May, Education Secretary Arne Duncan called such findings "disturbing" and said he is instructing chief school officers in all 50 states to detail their plans for keeping students safe. Several dozen advocacy groups subsequently discussed the issue in a meeting with White House staff.

Phyllis Musumeci, founder of a group called Florida Families Against Restraint and Seclusion, said federal oversight is critical. "These are children, not apples and oranges," said Ms. Musumeci, who says her son was restrained 89 times during a 14-month period in middle school. "We need to all be working off the same law."

The scope of any possible federal law is still uncertain. Mr. Miller and others involved in the discussions say they would like it to be crafted so that states are primarily responsible for developing and enforcing policies. One possible model is a bill Mr. Miller sponsored last year that was focused on preventing child abuse at residential treatment facilities. It would require states to develop such policies involving those settings and establish a federal system for evaluating reports of abuse. The House has passed the bill but it has yet to be taken up in the Senate.

By Robert Tomsho

Write to Robert Tomsho at rob.tomsho@wsj.com

Scource: The Wall Street Journal