ACTION ALERT
The Preventing Harmful Restraint & Seclusion in Schools Act (S.2860)
Protect students from inappropriate seclusion and physical restraints, and for other purposes!
S.2860 is a bill that will stop schools from restraining children, confining them in seclusion rooms, and using aversive interventions to harm them. This Act would require the Secretary of Education to issue regulations regarding "seclusion and restraint" practices for students in both public and private schools that receive federal funding. While numerous States already have some standards and regulations in place, this legislation would require States to meet minimum standards.
Minimum standards that all states must meet or exceed:
• Prohibiting school personnel from imposing on any student mechanical restraints, chemical restraints, physical restraint or physical situation that restricts breathing or aversive behavioral interventions that compromise health and safety.
• Prohibiting school personnel from imposing physical restraint or seclusion on a student unless: (1) the student’s behavior poses an imminent danger of physical injury to the student or others; (2) if less restrictive interventions would be ineffective in stopping physical injury; (3) if physical restraint or seclusion is imposed by an aide who is familiar with the student (someone who "continuously monitors the student face-to-face"); and (4) if such physical restraint or seclusion is imposed by trained and State-certified school personnel, or other school personnel in the case of an emergency.
• Prohibiting the inclusion of restraint or seclusion as a planned intervention in a student’s individualized education plan (IEP), but allowing local education agencies (LEAs) or schools to establish policies for use of physical restraint or seclusion in school safety or crisis plans, provided that they are not specific to any individual student.
• Requirement for reporting after an incident to the parent of the student involved with an immediate verbal or electronic communication, and written notification within 24-hours of the incident.
Contact your Senators and urge them to support The Preventing Harmful Restraint and Seclusion in Schools Act (S. 2860) to protect students while preserving their right to a free and appropriate education, without using restraints in our schools. Support S.2860 without any amendments that would weaken the bill. Thank you for your support!
ND Senators
Sen. Kent Conrad (D) (202)224-2043 – 530 Hart Senate Office Bldg., Washington, DC 20510 – conrad.senate.gov
Sen. Byron Dorgan (D) (202)224-2551 – 322 Hart Senate Off Bldg, Washington, DC 20510 -dorgan.senate.gov
MN Senators
Sen. Amy Klobuchar (D) (202)224-3244- 302 Hart Office Bldg, Washington, DC 20510 – klobuchar.senate.gov
Sen. Al Franken (D) (202)224-5641 -320 Hart Office Bldg, Washington, DC 20510 – franken.senate.gov
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