Today the National Autism Association announced its support of H.R. 4247, the Preventing Harmful Restraint and Seclusion in Schools Act, introduced Wednesday by Congressman George Miller (D-CA) and Congresswoman Cathy McMorris Rodgers (R-WA). The federal bill is a much-anticipated solution to the issues of unregulated restraint and seclusion in schools.
In June, the National Autism Association (NAA) launched a campaign to spur letter writing and raise awareness about dangerous restraint and seclusion practices following a May 2009 Government Accountability Office (GAO) Report that revealed no federal laws regulating restraint and seclusion in schools, no laws in 19 states, and "widely divergent" laws in remaining states.
The report investigated hundreds of cases, including deaths from "mechanical compression to the chest," or "smothering," one schoolchild died from restraint following a seizure, another died from hanging himself in a seclusion room. Other cases included a four-year-old girl who was tied to a chair and abused, five children who were duct-taped to their desks, and a ten-year-old boy who was put in a seclusion room "75 times over a 6-month period for hours at a time for offenses such as whistling, slouching and hand-waving."
In a CNN OpEd Piece yesterday, representatives Miller and Rodgers wrote, "It's difficult to believe, but there are no federal laws to prevent this from happening. Local newspapers recount bone-chilling stories of schoolchildren tied to chairs, or with their mouths taped shut, sometimes locked in dark closets, or pinned to the floor for hours at a time. If parents treat their kids this way, it's considered a criminal offense."
Research shows that aversive interventions, restraint, and seclusion carry no therapeutic value. "Our children essentially regress when they are abused. They lose progress and are traumatized," stated NAA President Wendy Fournier. "We need positive, effective interventions in place that prevent the need for restraint or seclusion. We need proper training for our school personnel, better support, more tools and immediate solutions to this system-wide failure that has caused so many of our children to either lose their lives or become victims of horrific abuse. We applaud Representatives Miller and Rodgers for introducing this critical legislation."
If signed into law, the Preventing Harmful Restraint and Seclusion in Schools Act would: