School Is Not Supposed To Hurt 2: New Law in Tennessee

A new state law effective this month in Tennessee, the Special Education Isolation and Restraint Modernization and Behavioral Supports Act, aims to "keep students safe from unreasonable, unsafe or unwarranted discipline," according to today's Tennessean. Previously, Tennessee had no laws or rules concerning the use of restraints and seclusion rooms for students. A report issued last week by the National Disability Rights Network found that 32 states have rules or laws that talk about use of restraint and isolation, but these policies are "either unclear or inadequate."

Jean Hudson, an attorney of abuse and neglect for the Rights Network, said even the states that have laws sometimes allow dangerous practices such as restraint that forces the child to the ground, face down.

"This really is a national issue," Hudson said. "We need federal laws in place with at least bottom-line standards."

In Tennessee, advocates want the law to require that schools notify parents about any use of restraint. Currently, the law says parents have to be notified only if it is included in the student's education plan, said Holly Lu Conant Rees, chairman of the Disability Coalition on Education.

Here are a number of resources on the use of restraints and seclusion from bridges4kids. Proactive strategies to help a child can be included in a child's IEP; you can find a Parent's Guide to Protecting Your Child From the Use of Restraint, Aversive Interventions, and Seclusion (this is a PDF file with some photos that really bother me; my son was restrained a number of times using the "basket hold" in a previous school district). This guide specifically notes that:

• There are no justifiable reasons for using aversive interventions, restraint, and seclusion.
• The IDEA supports positive approaches for all students.
• The use of aversive techniques, restraint, and seclusion can lead to violations of the "free and appropriate public education" (FAPE) provision of IDEA.
• The Children’s Health Act of 2000 protects children in certain settings.
• You have the right to be fully informed and to deny consent.
• You have the right to fully informed and appropriately trained teachers and staff.

The guide also discusses the "myth of safe restraint" and includes a "no consent form."

As Felicia Burk, who has been homeschooling her 11-year-old autistic son since he had an "outburst" at school and was handcuffed and put into a police car in September, says in the Tennessean:

"Restraint is not changing the behavior, but is just interrupting a behavior at that time............I understand restraint may be necessary in an emergency situation, but we need to call in every available resources to make sure it does not happen again."