TTAPR’s Comments Regarding Report By National Disability Rights Network On The Use of Restraint & Seclusion in Schools

Before legislation is considered that unlawfully limits a person’s rights, we believe Congress has a responsibility to at least know the scope of the issue and have reputable statistics to support its actions.

Here are a few recent examples of schools and facilities banning restraint and prone restraint and the resulting consequences.

Pennsylvania:  Pennsylvania Department of Education banned the use of prone restraint last June.  As a result there have been 2365 reported assaults in one school district for the 2008-9 school year so far where 1486 have been assaults on students and 430 on teachers and 234 on school security officers.  As a result security officers are pushing for the right to carry guns and the School District is pushing for increased security officers and armed officers in patrol cars.  Apparently the words “equal protection under the law” does not apply to teachers.  Teachers who are being assaulted 430 times as compared to 234 assaults on security officers are not allowed to restrain a child when he or she is a danger to self or others, but security officers can carry loaded weapons and have no such limitation on what physical intervention they can use.

Michigan: It’s easy for school board members to sit in the safety of their offices and write policies restricting a teacher’s right to self defense while allocating a Michigan Superintendent a six figure annual security detail allowance.  Apparently teachers on the front line do not need security detail or the ability to defend themselves or others, but a school superintendent needs 24-7 security intruders, fighting and gunfire.  Teachers who are on the front lines are prohibited from protecting themselves or others and are told that they cannot restrain a student face down because it’s too “dangerous.”  All the while the same school board has no problem arming school police and security officers as apparently a loaded gun is a “safer” alternative.

Maryland: Maryland residential facilities recently banned the use of prone restraint.  We are hearing that Maryland is regretting this decision as it is seeing expediential increases in compensation claims, violence and injuries at these facilities despite reducing the number of children and vastly increasing funding for staffing, services and resources.  This indicates that the control mechanisms being used are more dangerous, less effective and have led to an increase in violence.  According to the most recent statistics, as a result of this ban injuries due to assault are up 88% and the number of incidents is up 20%.

New York: New York State’s Residential Services Division (“YRSD”) recently changed its physical intervention policy to where staff are no longer able to intervene when youths are destroying property, and a policy where there is inordinate State pressure to adopt a “hands-off” protocol.  To “unofficially” enforce this policy, the State is threatening staff with bringing abuse charges against them for their use of restraint even when the charge is unsubstantiated and the restraint usage justified.  As a result of YRSD’s changed restraint protocol assaults are at unprecedented levels that staff with 25 year work histories have never experienced before.  As a result the number of workers out on workers compensation is as high as 60%.

With statistics like these it’s no wonder New York State is raising taxes on the rest of us. Only New York would have the audacity to allow 60% of its staff to be out on workers compensation.

Ohio: Outnumbered, overworked and undertrained juvenile-correctional officers are afraid of the “boys.”  Assaults on staff members have resulted in a broken nose, a slash across the face, choking, unconsciousness, bites, a blown-out knee and the indignity of being doused with milk cartons filled with urine. Guards, teachers and other prison workers regularly are assaulted. Last year, they missed the equivalent of seven years of workdays because of injuries and disabilities. Large youth fights have sent staff members to the hospital four, five, six at a time.

Again, with statistics like these it’s no wonder Ohio is broke. What business could afford to pay 7 days of salary for every day worked.

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One Response to TTAPR’s Comments Regarding Report By National Disability Rights Network On The Use of Restraint & Seclusion in Schools

  1. georgian says:

    The way to resolve issues in public education systems is for Postive Behavior Supports to be implemented. The Federal Government is releasing millions of dollars to support education systems. There is now no excuse that school systems do not implement positive behavior supports..rather than ‘take downs’ and gun toting security officers. It’s a shame really. Go to http://www.pbis.org and http://www.dignityinschools.org

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