NEWSFLASH: GAO Report and House Committee hearing on Seclusion and Restraint in Public and Private Schools

On Tuesday May 19, 2009, the U.S. House Committee on Education and Labor held a hearing of the full Committee on,

Examining the Abusive and Deadly Use of Seclusion and Restraint in Schools
Full Committee Hearing 10:00 AM, May 19, 2009
2175 Rayburn H.O.B., Washington, DC

"On Tuesday, May 19, the House Committee on Education and Labor will hold a hearing to examine abusive and deadly uses of seclusion and restraint in U.S. schools....

Part of the testimony submitted was the investigative GAO report,

Seclusions and Restraints: Selected Cases of Death and Abuse at Public and Private Schools and Treatment Centers

GAO-09-719T, May 19, 2009

Summary (HTML) Highlights Page (PDF) Full Report (PDF, 62 pages) Accessible Text

On a personal note, having listened to the testimony from Mr. Kurz of the GAO and that of parents and other experts, the situation was quite shocking--and was expressed so by the Committee members who demonstrated both anger and a sense of urgency to address the abuses to minors identified in the testimony. This included withholding of food, water and toileting due to extended seclusion instituted sometimes for trivial reasons or behaviors triggered by adult behavior, suffocation by use of prone restraint (one case given in testimony was referred to as "murder" by a Committee member), physical abuse, taping and strapping children to such as Rifton chairs . Often parents were not notified but discovered the abuse via bruises, or behavior change in their children. Many times school personnel who would have liked to either intervene or notify the parents were unable to do so because of retaliation within districts for such notification. An issue that particularly interested the Committee was that often educational personnel determined as probably culpable, in one case including the death of a student, were allowed to retain their teaching certification and would be transferred to another teaching situation or resume his/her career in another state (sometimes resuming the abuse of students as well). A Committee member referred to this treatment of children with disabilities in public schools as "like Willowbrook" (the notorious Staten Island institution that triggered the move to take children out of closed institutions).

Unlike other situations, parents were unable to enlist the assistance of such as Child Protective Services since schools are not in CPS jurisdiction, and unable to receive satisfaction or assistance through districts themselves or law enforcement were compelled to bring civil suit in order to change circumstances for their own child or for the overall good.

Some of the discussion for solutions turned on expansion of Positive Behavioral Interventions and Supports (PBIS) (which was termed by almost all in the hearing as a solution "that works") to a national level , potential of a Federal registry for those convicted of abuse or death through inappropriate application of restraint or seclusion (similar to the system used for convicted sex offenders), banning of use of prone restraint, states coordination and uniform standards of application (currently only 7 states require training in use of restraint and 19 states have no defined standards for use of restraint or seclusion).

CNN News story May 18, 2009
GAO report: Special-needs kids abused in schools
From Abbie Boudreau and Steve Turnham
CNN Special Investigations Unit

(CNN) -- Congressional auditors have uncovered widespread abuse of techniques use to restrain or discipline special-education students in U.S. schools, with some deaths linked to the practices, a top congressman says.

The findings are among those expected from a Government Accountability Office report scheduled to be released Tuesday. The report documented serious problems with the way children with disabilities are being treated in public schools, including cases of children being held face-down on the ground..."

Restraint can dispirit and hurt special-ed students
USA today

"...A new report from the Government Accountability Office, Congress' investigative arm, also out today, finds "widespread" allegations of abuse involving the practices in schools — even when students aren't physically aggressive or dangerous to themselves or others..."

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References:

Seclusions and Restraints: Selected Cases of Death and Abuse at Public and Private Schools and Treatment Centers

GAO-09-719T, May 19, 2009

School is Not Supposed to Hurt: Investigative Report on Abusive
Restraint and Seclusion in Schools
National Disability Rights Network, January 2009

Map of State law or regulation on restraint and seclusion

The lethal hazard of prone restraint: Positional asphyxiation.
PROTECTION & ADVOCACY, INC.
INVESTIGATIONS UNIT
433 HEGENBERGER ROAD, SUITE 220
OAKLAND, CALIFORNIA 94621
TELEPHONE: (800)776-5746
April 2002
Publication #7018.01

Restraint & Seclusion in California Schools: A Failing Grade
Protection & Advocacy, Inc.
Investigations Unit
1330 Broadway, Suite 500
Oakland, CA 94612
June 2007

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