Restraint & Seclusion

What's Happening Now?

On May 13, 2010, a rule that would ban the use of seclusion and restrict the use of restraint on all public school students in Georgia was introduced by the State Board of Education.  The rule was adopted by the Board on July 8, 2010 and went into effect on July 29, 2010.

On February 24, 2010, the U.S. Department of Education released a summary of state laws, regulations, policies and guidelines regarding the use of restraint and seclusino techniques in schools.

On December 9, 2009, federal legislation was introduced in both the United States House of Representatives (H.R. 4247) and the United States Senate (S.2860) that is designed to protect all children in schools from misuse of restraint and seclusion.  These pieces of legislation, entitled "Preventing Harmful Restraint and Seclusion in Schools Act" are the first national efforts to prevent and reduce these harmful practices in schools. On February 4, 2010, the House Education and Labor Committee passed H.R. 4227 by a vote of 34 to10.

In 2009, the Georgia Department of Education began work to develop a State Education Rule that would regulate the use of "Seclusion and Restraint for All Students".  That rule is currently being revised and is anticipated to be introduced for public comment in Spring 2010.  Version 3 of the proposed rule was shared with stakeholders in April 2010 along with Version 1 of a draft "Guidance for State Board of Education Rule 160-5-1-.35 Seclusion and Restraint for All Students".

In October 2008, the Georgia Department of Education finalized Guidelines on the Use of Restraint and Monitored Seclusion which were disseminated to school systems throughout the state.

What Do I Need to Know?

Children with disabilities are subjected to restraint and seclusion in schools more than children without disabilities.  The use of restraint and seclusion with students with disabilities is often for behaviors over which they have little or no control.

There is no research that shows that the use of restraint or seclusion is beneficial for children.  In fact, "research confirms that physical restraint and seclusion are not therapeutic; nor are these practices effective means to calm or teach children, and may have an opposite effect while simultaneously decreasing a child's ability to learn."  (H.R.4247)

Calendar of Events:

Safe Schools Initiative Webinars

May 18, 2010 -  Attendees will learn more about the June 9, 2010 public comment session and how to prepare to make public comment.  A sample letter that can be used to submit written comment will also be shared. Click here to view this webinar. This webinar was a follow-up to the one offered in January 2010.  Click here to view the archive of the original webinar.

State Board of Education Meetings

May 13, 2010 - State Board of Education promulgated a new rule on the use of Restraint & Seclusion in public schools.

June 9, 2010 - 1:00 pm - 2:00 pm - State Board of Education public hearing to receive public comment on proposed rule on the use of Restraint and Seclusion in public schools.  Comments are limited to 3 minutes per person.  Individuals are also encouraged to submit their comments in writing.

July 8, 2010 - Earliest possible date for adoption of rule on the use of Restraint and Seclusion in public schools by the State Board of Education.

How Can I Learn More?

In recent months, several publications have been released that provide information and details about the use of restraint and seclusion in schools and the adverse effects on children and youth.  Below are some of these reports that can provide you with more information about these practices.

Policy on Physical Restraint and Seclusion Procedures in School Settings (The Council for Exceptional Children)

School Is Not Supposed to Hurt:  Investigative Report on Abusive Restraint and Seclusion in Schools and School is Not Supposed to Hurt: Update on Progress in 2009 to Prevent and Reduce Restraint and Seclusion in Schools (National Disability Rights Network)

Seclusions and Restraints: Selected Cases of Death and Abuse at Public and Private Schools and Treatment Centers (United States Government Accountability Office)

Unsafe in the Schoolhouse: Abuse of Children with Disabilities (The Council of Parent Advocates and Attorneys, Inc.)

How Can I Help?

View an archived Webinar to learn more.

Make public comment to the State Board of Education. Watch the P2P Webinar on "Tips for Speaking to Policymakers". (Click here to see Parent to Parent's comments to GaDOE on Version 2 of the proposed rule.)

Provide written public comment to the State Board of Education by July 5, 2010. Click here to see a sample letter.

Sign onto the Declaration of Student Rights to Education and Safety.  Click here to learn more about the Safe Schools Initiative and how you can get involved.  A sample letter of public comment is also available at this site.

Who Can I Contact for More Information?

There are 4 agencies in Georgia, each of whom receive federal funds from the Administration on Developmental Disabilities and who are working together as federal partners on the "Safe Schools Initiative".  These federal partners are listed below.  Click on each of them to learn more about their work and how to contact them.

Center for Leadership in Disability at Georgia State University

Georgia Advocacy Office

Georgia Council on Developmental Disabilities

Institute on Human Development and Disabilities at the University of Georgia

You may also contact Parent to Parent of Georgia at 1-800-229-2038.