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The
legislation, Senate Bill 2296 sponsored by state Sen. Ann
Gillespie, would require all schools to eliminate reliance on
any kind of timeout room and face down physical restraint. In
addition, schools could seclude students in unlocked spaces and
use other types of restraints only when it is deemed there is a
danger of serious physical harm to the student or others.
Schools are now required to report every seclusion or restraint
incident to the state and provide more employee training.
Cheryl Jansen, director of public policy with Equip for
Equality, an advocacy group for people with disabilities, said
the punishment is counterproductive.
“Restraint and seclusion are not therapeutic nor are they
educational, in fact, they may exacerbate the very behaviors
that they purport to address,” Jansen said.
Some lawmakers say the biggest challenge to the bill was some
school districts' argument on the occasional need for
restraints. At least 31 states have banned prone restraints
because they can obstruct a child’s breathing.
Guy Stevens, founder of the Alliance Against Seclusion and
Restraint, testified the results can be deadly.
“The use of these interventions can lead to significant trauma
injuries to students, teachers and staff, and tragically there
have been many that have even died due to the use of
restraints,” Stevens said.
State rules adopted in April 2020 had placed stricter limits on
the use of seclusion, including a prohibition on isolating
students behind a locked door, but did not ban restraints.
Critics argued that it was important to pass a state law
protecting children rather than relying on board of education
rules.
The bill passed the Senate Education Committee by an 11 to 2
vote.
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