House Ed and Labor Committee Considers Abuse Legislation

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Readers,

Related to DI's ongoing concerns about the use of restraint and seclusion with children with disabilities, I am sharing a guest blog written by Representative Joe Courtney for the House Education and Labor Committee's blog. Tomorrow, Thursday, February 4th, the House Education and Labor Committee considers legislation to protect children from harmful uses of restraint and seclusion in schools. For more information, visit: http://edlabor.house.gov/

Rep. Joe Courtney: Congress Must Make Schools Safe Havens for Children

(This is a guest blog post by Rep. Joe Courtney, Education and Labor Committee Member.)

In 1998, the Hartford Courant earned a Pulitzer Prize for a series of stories on the use of restraint and seclusion tactics on students with disabilities in treatment facilities. The tales of children who were injured, or in some cases, died, shocked parents and educators across the country. As a parent of two, I was among those who were horrified. While previous Congresses passed legislation to reduce this abuse in treatment facilities, no federal laws were ever created to protect children from dangerous physical restraint in schools.

In 2009, the House Committee on Education and Labor, of which I am a member, held hearings on the use of seclusion and restraint. The testimony we heard from various experts was disturbing and signaled that Congress must act expeditiously to end once and for all seclusion and restraint. The most powerful testimony came from parents whose children were killed or severely injured as a result of dangerous restraint techniques.

In response to those stories, and the countless cases in which children have been injured or died, Education and Labor Chairman George Miller introduced the Preventing Harmful Restraint and Seclusion in Schools Act. I am a proud cosponsor of this bipartisan bill, which I believe will accomplish a number of important goals.

The proposal wisely bans the use of chemical or mechanical restraint and will prohibit the use of physical restraint or seclusion as a disciplinary measure. As experts throughout the medical and educational field have testified, the use of these harsh methods of controlling a child must never be utilized unless an imminent danger to a child or staff exists. Furthermore, this legislation ensures accountability and transparency, requiring that parents and school officials be notified immediately when an incident occurs. The bill requires data collection when restraint techniques are used to ensure that incidents are recorded and later used to establish best practices. We must continue to promote training for staff, and this valuable information will increase awareness to avoid future tragedies.

Tomorrow, the Committee will consider the Preventing Harmful Restraint and Seclusion in Schools Act. I look forward to working with Chairman Miller and my colleagues on the Committee to pass this legislation and to ensure that our schools are safe havens for children and staff.