Muskegon Couple Speak out at Press Conference in Support of Federal Legislation to Regulate Seclusion and Restraint in Public Schools

On December 9th, U.S. Representative George Miller (D-CA) and Cathy McMorris Rodgers (R-WA) announced bipartisan legislation regulating abusive disciplinary practices in U.S. public schools.

Michigan residents Nicole and Al Holden were part of Representative Miller’s press conference in Washington, D.C. along with their four-year-old son, Ethan. “We felt that we needed to speak up not only for Ethan but for all the other kids who have been abused in our public school system,” says Nicole. She also describes how her son, who has autism, was strapped in a chair for hours at his Early On preschool class. When his chair tipped over he would drag it behind him. “When I asked about the bruises, they told me he got hurt on the playground,” says Nicole. “And I believed them.”

U.S. Representative Miller’s announcement comes just one week after Representative Deb Kennedy (D-Brownstone) formally introduced Michigan legislation (House Bill 5639) that would eliminate seclusion of schoolchildren and restrict the use of restraint to emergency situations.

Michigan Protection and Advocacy Service (MPAS) has been advocating this type of legislation for many years. At the very least, disability advocates insist public schools abide by regulatory practices and reporting requirements, as other service sectors are required to do.

“Psychiatric facilities, jails and even prisons are required to follow regulations and reporting requirements regarding seclusion and restraint,” says MPAS Executive Director Elmer L. Cerano. “How is it that our schoolchildren – many of whom are still in elementary school – are not being afforded these same protections?”

Last week, MPAS officially unveiled a report, “Safe and Protected? Restraint and Seclusion Remain Unregulated and Underreported in Michigan Schools,” which highlights the use of seclusion and restraint on students with disabilities in schools throughout Michigan.

The report is based on investigations and survey accounts from families whose children with disabilities have had personal experience with seclusion and restraint in Michigan schools.

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MPAS Releases Report on the Abusive and Deadly use of Restraint and Seclusion in Michigan Schools

Michigan Protection and Advocacy Service, Inc. (MPAS) has joined with Representative Deb Kennedy (D-Brownstown), parents and other organizations to announce legislation targeting abusive disciplinary practices in Michigan schools.  MPAS also released a report "Safe and Protected? Restraint and Seclusion Remain Unregulated and Underreported in Michigan Schools" which highlights the use of restraint and seclusion on students with disabilities in schools throughout Michigan. 

The report is based on investigations and survey accounts from families whose children with disabilities have had personal experience with seclusion and restraint in Michigan schools.  Over 25 statewide organizations have joined forces to eliminate these and other dangerous practices.

“This is a widespread problem that affects students with disabilities and their families across the country, including many who live right here in Michigan,” says Elmer Cerano, executive director of MPAS. “These practices are not permissible in places where our children live and they should not be permissible where our children learn.”

The information contained in the report will be provided to Michigan policymakers and others in an effort to drive home the urgency of passing legislation to eliminate these abusive practices. 

Michigan is one of many states that do not require schools to report when restraint and seclusion are used.  Although the State Board of Education created the policy standards on seclusion and restraint in 2006, the policy is seen as only a recommendation by school districts and is not legally binding. 

Federal law restricts the use of seclusion and restraint to emergency circumstances for children in hospitals, community-based residential treatment facilities, and other facilities supported by federal dollars, these rules, however do not currently apply to schools.

The MPAS survey found that fewer than half of Michigan's 57 intermediate school districts collect data on the use of restraint and seclusion.  The few that collect data reported over 3,200 incidents of restraint and seclusion in their programs in 2007-8.

The MPAS report makes several recommendations, many of which are included in Rep. Kennedy’s legislation, including:

¨      the elimination of chemical, physical, life-threatening restraint

¨      the elimination of using aversive treatment

¨      the elimination of the use of seclusion

¨      limiting the use of force to unforeseeable emergencies involving significant risk of substantial harm to self or others

¨      restraint and seclusion cannot be used as “treatment” or “behavior support”

¨      requires public reporting of aggregate use of restraint and seclusion

To obtain a copy of the report, please visit the Publications area of this website or contact us by phone: 1.800.288.5923