DOE. The Department of Education summary of seclusion and restraint statutes and regulations by state and territory not entirely accurate

The department of education recently put out a Summary of Seclusion and Restraint Statutes, Regulations, Policies and guidance by State and Territory.

As we receive tips and go through and double check the summary and information in this report, we will update this post. 

Report errors:

1. Ohio.  The DOE erroneously reports that Ohio has banned the use of prone restraint.  This statement by the DOE is false.  If you look at the underlying document, namely Ohio Executive Order 2009-13S, it states:

Prone Restraint.  Prone restraint is defined as all items or measures used to limit or controlthe movement or normal funcitoining of any portion, or all, of an individual’s body while the individual is in a face-down position for an extended period of time.

Therefore the use of prone restraint when done for a reasonable or non-extended period of time is permitted in Ohio.   It is only the excessive or extended used of prone restraint which is prohibited. 

We are calling upon the Department of Education to amend its report as a government document purporting to summarize the actual restraint statutes and regulations by state and territory should be accurate.

 

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