June 12, 2014 - According to the U.S. Secretary of Education Arne Duncan, "the use of restraint and seclusion can have very serious consequences, including, most tragically, death. Furthermore, there continues to be no evidence that using restraint or seclusion is effective in reducing the occurrence of the problem behaviors that frequently precipitate the use of such techniques. Schools must do everything possible to ensure all children can learn, develop, and participate in instructional programs that promote high levels of academic achievement. To accomplish this, schools must make every effort to structure safe environments and provide a behavioral framework, such as the use of positive behavior interventions and supports, that applies to all children, all staff, and all places in the school so that restraint and seclusion techniques are unnecessary."

As the Secretary of Education notes, there is no evidence that restraints or seclusion are effective in reducing problem behaviors. This is important because both NCLB and IDEA require the use of Both IDEA and NCLB require Peer Reviewed, Scientifically Based Methods of Instruction for both academic and behavioral needs. NCLB mentions "Scientifically Based Methods of Instruction" 111 times.

Children with autism were the most frequently subjected to seclusion or restraint in Washington schools in the 2012-13 school year, according to anecdotal reports by families, education advocates and mental health providers statewide.

The good news is that there are evidenced-based procedures such as the use of positive behavior and supports as well as verbal de-escalation techniques, which can support students who may exhibit challenging behaviors.

On June 12^th we urge all advocates to participate in the national call-in day to support the Keeping All Students Safe Act legislation to prevent restraint and seclusion, (S. 2036 and HR 1893), introduced by Senator Harkin (D-IA) and Representative Miller (D-CA), respectively.   This legislation will prohibit the use of physical restraint unless a student’s behavior poses an imminent danger of physical harm to self or others, while ensuring that personnel receive proper training, that parents are aware of any restraint used with their children, and that the most dangerous types of restraint and seclusion are eliminated. Restraint and Seclusion have resulted in numerous serious injuries and fatalities and are disproportionately used on students with disabilities, especially students with autism.

The day is being planned in collaboration with the national Consortium for Citizens with Disabilities (CCD), the Alliance to Prevent Restraint, Aversive Interventions and Seclusion (APRAIS), and other coalitions. Here’s how YOU can help on June 12th:

1. Call your 2 US senators (Patty Murray 202-224-3441, Maria Cantwell 202-224-2621), ask to speak to the education staffer, let them know why S.2036 is important to you & ask for the senators to support it by signing on as a cosponsor
2. Call your US Representative, ask for the education staffer, let them know what HR 1893 is important to you and ask the representative to support it by signing on as a cosponsor
3. Forward this note to other parents, self-advocates, professionals, friends, families, and neighbors and ask them to lend us their voice AND follow steps 1-3!

If you need additional talking points:

• This bill will end the practice of using restraint and seclusion for convenience or punishment.
• Students with disabilities are frequently subject to seclusion and restraint.
• This bill promotes a shift toward preventing problematic behavior through the use of de-escalation techniques, conflict management, an evidence-based positive behavioral interventions and supports.

Thank you for your consideration.