The question of how special education law governs safety at schools is a hot-button issue for many parents. Whether or not their child is receiving a proper education as well as being properly cared for is of utmost importance. Concerns and reports in the recent past regarding restraints and seclusion, particularly among special education students, has raised eyebrows and prompted the proposal of a new bill.

The Preventing Harmful Restraint and Seclusion in Schools Act (H.R. 4247) was introduced to Congress in December of 2009 and as of late February, has been placed on the Union Calendar of the House for an upcoming vote.  As stated by the government summary, the bill would “direct the Secretary of Education to establish a minimum set of standards,” regarding restraint and seclusion, including:

• providing state-approved training to school personnel
• prohibiting certain restraints
• providing timely means to notify parents if restraint or seclusion occurs 
 

This bill would be the first special education law of its kind to ensure that children across the country are being educated in a safe, healthy, appropriate way at all times. Specifically for children with disabilities, the special education law would define provisions that cannot be put on an IEP, an omittance which could otherwise be a loophole for some forms of unmonitored seclusion or use of restraint.

The bill has become top priority for many special education law advocacy groups and among education advocates, because in more than half of the states across the county, students are only provided with limited or seemingly no protection from restraint and seclusion. This bill would require states to adopt a federal law and hold individual schools to a national standard of care for all students.

You can keep track of the special education bill.  Read more about the provisions and contact your representative.