A dozen democratic federal lawmakers, most from Illinois, have written a letter to the Trump administration calling for the Department of Education to update its 2016 guidance on restraint and seclusion. They have urged that the USDOE specifically ban seclusion; ban restraints that restrict breathing and are life-threatening; and promote evidence-based alternatives to reduce the use of physical restraint. The existing guidance advised against using restraint or seclusion for disciplinary purposes, and said that restraint should only be employed in circumstances where there is an imminent threat of physical harm.
The lawmakers were spurred to action by a Chicago Tribune and ProPublica investigation that found rampant misuse of both restraint and seclusion across Illinois. The report detailed cases where children have been locked in rooms alone for hours as punishment and examples of students who were restrained — some by methods that can restrict breathing — in circumstances where there was no threat of physical danger.
As a result of the investigation, the Illinois State Board of Education moved to become the fifth state in the nation to ban seclusion in schools, but the lawmakers say federal action is needed to ensure the safety of children across the country.
In 2010, the House of Representatives passed legislation to impose first-ever federal oversight on the use of restraint and seclusion in schools, but the measure died in the US Senate. The issue has failed to gain traction in Congress.
Last year, New Jersey lawmakers passed a law allowing seclusion and restraint for students with disabilities in certain circumstances.
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