U.S. Senator Tom Harkin (D-Iowa), Chair of the Senate Education Committee, has introduced a bill (S.2020) that would establish national standards on the use of restraints and seclusion in school.
The “Keeping All Students Safe Act” would prohibit seclusion, as well as mechanical, physical or chemical restraints from being included in any child’s Individual Education Program (IEP), behavioral intervention plan or Individualized Family Service Plan (IFSP).
Under the bill, physical restraint would be prohibited except in an emergency situation, when there is an immediate threat of serious bodily injury. The bill bans life-threatening restraint that interferes with breathing or the ability of a child to communicate, as well as mechanical and chemical restraints.
If there is imminent danger of harm, school staff may use only the degree of force necessary to stop the threat of harm. It requires schools to collect data to improve decision-making, provide the public with information about seclusion and restraint practices, and notify parents within 24 hours of restraint. The bill also bans seclusion of children in locked rooms or rooms from which they cannot exit.
The measure would require school personnel who implement physical restraint to be trained and certified by a state-approved crisis intervention program. Failure to comply with the legislation would result in a denial of FAPE.
While many parent advocacy groups support the bill, school administrators have gone on record opposing it, saying it would be difficult for schools to comply with the reporting and training requirements, and that the bill has loopholes that could prompt legal action against schools.
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