The updated 2015 edition of How Safe Is the Schoolhouse? An Analysis of State Seclusion and Restraint Laws and Policies, written by Jessica Butler, has been published by the Autism National Committee. The purpose of the report is to describe and examine state restraint and seclusion statutes, regulations, rules, and policies/guidelines in effect as of March 2015. The report is available at How Safe Is the Schoolhouse?
Seclusion and restraint are highly dangerous interventions that have led to death, injury, and trauma in children. The Government Accountability Office (GAO) documented at least 20 stories of children who died in restraint, and other children have died and been injured in seclusion. Congressional bills providing comprehensive, mandatory protections have been led by Senator Tom Harkin and Congressman George Miller in prior Congresses, with the House bill being reintroduced in February 2015 by Congressman Bobby Scott and Congressman Don Beyer. But they have not become law, which means that parents have to look to their own state's laws.
Arizona passed a law in 2013 permitting seclusion (referred to as "confinement" in the statute, A.R.S. Section 15-843, Pupil disciplinary proceedings, for threats of physical harm or in other situations with parental consent. Arizona does not have any law regulating restraint.
It is critical that parents be notified quickly of the use of restraint or seclusion so that they can watch for injuries, including concussions, hidden injuries, trauma, and to seek medical or psychological care. Parents, if you know or suspect your child is being restrained and/or secluded, you should request an IEP meeting or 504 meeting to discuss positive behavior techniques as alternatives to restraint and seclusion. Also, your child may need an FBA and BIP, or they have had an FBA and have a BIP in place, you may need to revise the BIP or have another FBA.
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