The Perils of Restraints: Stop Now
Published May 08, 2009 @ 12:41AM PT

A while back I put up an action to end the use of aversives, restraints and seclusion for students with disabilities and students in general. Yesterday WAPT.com (Jackson, Mississippi) reported that the parents of Samuel Wilkinson, who is on the autism spectrum and cannot talk, say that their son was "held down and beaten by teachers" in the Millcreek school district after he had a tantrum:
“My son can't talk but he's smarter than everyone else in this room,” Wilkinson said.
The Wilkinsons said the abuse happened two years ago when Samuel was attending school at Millcreek Behavioral Health Services in Magee.
Therapists at the Children's Advocacy Center used sign language and dolls to help Samuel explain what happened.
The Wilkinsons said no one at the school was ever held accountable.
Do you know if restraints have been used, or are being used, in your school district? If you're not sure, or just don't know, have you tried to find out?
It's hardly the sort of question to ask a special ed director outright. It's the kind of thing I've only found out about after the fact---after my own son was restrained without our consent in a previous school district, and from chance interchanges with other parents and some professionals who've seen the sad and lasting effects of children physically restrained. In my son's case (this was when he was about 7-8 years ikd in, again, another school district in New Jersey), the restraints must certainly have hurt---the basket hold, which involves the arms of a child being crossed in front of his or her body and twisted behind his or her back---was used. The staff was trying to stop him from banging his head; the teaching staff were, frankly, dealing with a situation that was more than they could handle and were trained for. But rather than admit this, the school district's response was for us to have some really terrible meetings with the out-of-district consultant (who was a friend of one of the administrators, as we later discovered).
Particularly disturbing to me was the fact that Jim and I had never agreed that restraints be used on Charlie. They were used and were told of them after the fact, and in a matter of fact way that made it sound like this was just "business as usual."
Um, no.
The May 4th Boston Globe notes that "since 2001, when school districts were required to start reporting the most extreme cases, schools have reported more than 900 cases of restraining students that resulted in injury or lasted for an extended period of time."
Rules adopted by the Massachusetts state education board in 2001 require that "school districts must receive parental permission before restraining students, unless they pose an imminent threat of harming themselves or others"; only physical restraints may be used, "except in cases where a physician has explicitly authorized a chemical or mechanical restraint and a parent approves the use in writing."
An example of a mechanical restraint is a Rifton chair, which was "designed to help children sit still"; in Racine, Wisconsin, a Rifton chair with a belt was used "inappropriately with certain students." The Boston Globe reports on what happened to a then 3-year-old autistic student whose being strapped into a chair was just one "procedure" used to address his behavior:
North Reading is embroiled in a dispute over the restraining of a 3-year-old autistic boy three years ago. On Feb. 8, 2006, a North Reading elementary school teacher thought he was too disruptive in a preschool classroom. As the boy cried hysterically, she strapped him into a chair designed to help special-needs children sit still and put him into a dark closet-sized room, according to a lawsuit filed this winter by the parents in Middlesex Superior Court. Then she walked away, shutting the door behind her, leaving the boy alone.
The boy's parents did not give permission for the J.T. Hood School to restrain their child, their lawyer said. They do not know how long their child was restrained in a Rifton chair. Another teacher freed him from the closet-sized room, according to the lawyer.
"He's had night terrors," said Sean T. Goguen, a Woburn lawyer representing the family, who asked that their son not be identified. "At the time the incident happened, he couldn't talk and couldn't convey the experience to his parents. . . . It doesn't seem right to me that a 3-year-old boy has to go to a therapist because of someone else's actions."
The state education department ultimately found that the teacher inappropriately restrained the child after the boy's parents - and not the school district - notified the department about the incident, according to an Aug. 22, 2006, letter the state sent to the school superintendent. The teacher never received training on restraining because she had a medically excused absence on the day it took place and should have made up the training before returning to the classroom, according to the letter.
The fact that the teacher was allowed to (a) miss training in how to restrain a child and (b) allowed to use some very improper and inappropriate methods on a young child---a 3-year-old; a young preschooler?---suggests how widespread misunderstanding and inadequate training regarding restraints is. It's been reported that the use of restraints is on the rise in public schools; whether this is because, as the Boston Globe suggests, there are more students with behavioral issues in public schools, it is not clear. What is clear is that very few are properly trained in crisis management techniques, and that the safety of students is potentially at stake. There are ways to address "difficult behaviors" but these require serious attention, careful training, and a thoroughgoing and compassionate understanding of why a student with disabilities is upset, anxious, and trying to communicate this in the ways that he or she can.
Restraints are short-term, stop-gap measures. They're never solutions, and we need to make sure that they are never seen as such and, further, that school districts stop using them---and start teaching, first and foremost.
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Comments (5)
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Kristina, I do agree: restraining is a stop-gap measure and could be a red flag that the child is not appropriately placed. Tying a kid down in a chair is torture and should not be allowed, period. IMHO, the basket hold can be as dangerous for the adult as for the child. Yes, some children in melt-down find the close contact with a trusted adult soothing--but many do not, and if the adult in question is uncomfortable in any way with the action then it only feeds the child's fear and anxiety. I used and gave my permission forthe front hold when Tom was in kindergarten (and prone to throwing furniture) but in the end we agreed it was counter-productive for him in a school setting. His teacher--who was lovely and kind and quite experienced--was afraid of Tom and he knew it.
The real problem was the measures that would have helped him--i.e., removing HIMSELF from the source of his anxiety--were not allowed in that setting. He has since been moved to a more program where he IS allowed to "self-manage" when agitated and is learning to resolve and communicate his discomfort in a non-threatening way. (No chairs in the air all year!)
Posted by Toms Mom on 05/08/2009 @ 06:35AM PT
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Learning to "self-manage" has been a major part of Charlie's education this year. Often it doesn't start with what might seem obvious, but several steps back and in preparation---a new thing is Charlie learning to put on headphones when the noise level in the room is too high.
Yay for no chairs in the air!
Posted by Kristina Chew on 05/08/2009 @ 02:35PM PT
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@Toms Mom.
"S allowed to "self-manage" when agitated and is learning to resolve and communicate his discomfort in a non-threatening way. (No chairs in the air all year!)"
That sounds like an excellent solution! Our kids need to learn to self-manage themselves even the non-verbal ones. I have read anecdotal accounts of autistic kids who were later verbal saying that, "they knew what they were doing. The other person didn't know what they were doing". Also, it is difficult for them to get what others are saying especially when there is a stressful situation.
I remember reading and using Thinking In Pictures by
Dr. Temple Grandin. She helped me understand the language difference autistic people have. Using visualization language helped me talk to my son and understand him.
I remember in 1st grade I was forced to accompany my son to school on a daily basis or he couldn't attend school. I remember the recess line. I heard kids' voices telling my son that he was in the way. All of a sudden I saw him being punched and then he was on the ground still being punched. I asked the kids, "What happened?" They calmly told me that they asked him nicely several times to move and he didn't. My son shrugged his shoulders meaning he didn't know what happen. His experience of the event was you get punched for no reason.
The different parents I did respite care for had great ideas.
A doctor's letter or prescription is a useful tool because it is a grey area of the special education laws. That means the laws don't address the role of doctors in special ed and therefore there is no legislation written in this area. I have read state and federal laws and there is no mention about the role of the doctor in special education laws. The doctor is viewed as a medical expert with knowledge of his patient and the government isn't a medical expert.
1. What I have seen work effectively is writing a short, sample letter for a doctor. This sample explains what you
would want included in the letter.
2. Ask the doctor if he would write the letter. Briefly explain the circumstances for the letter. Ask that a copy be sent to you.
One child was going to be placed in a more restrictive placement and have his medications changed. This was prevented when the doctor wrote that the child just needed a better behavior plan. A better plan was written in a very short time. 'Afterall, it is a doctor's order' is how the school views it. The child improved at school after the behavior plan was changed.
When I took the training for Case Manager for Positive Behavior Intervention Plans I remember why the training started in California. There was a student being disciplined at a school who was rolled up in a carpet and suffocated in only a few minutes. (Hughes Bill).
Here are reasons to get a doctor to write a letter or prescription:
"Prior to enactment of the Hughes Bill, many schools relied on punishment, school exclusion, and the use of aversive behavioral interventions to address problem student behavior that interfered with classroom instruction. Even today, in spite of the Hughes Bill, funding for Behavioral Intervention Plans (BIPs) is inadequate. Many students lack appropriate BIP's, or have plans that are not being properly implemented. This is documented in our June 2007 report on emergency interventions in California schools, Restraint and Seclusion in California Schools: A Failing Grade" (http://www.disabilityrightsca.org/pubs/702301.htm#_ftn31).
http://www.disabilityrightsca.org/legislature/Legislation/2008-2009/AB_0661_Torlakson.htm
Behavior Plans are powerful parent tools and can improve the lives of children.
Posted by L I on 05/08/2009 @ 09:36AM PT
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The first point, to me, is to find out what is permitted in your state, in regulation and statute. If it's permitted, odds are it can be used. It also informs you in when to call foul.
This came up in the framework of a recent discussion with some folks--and the consensus was that restraint and seclusion, and esp. the sort under discussion, was not okay and that was a little self-satisfying until a look at state regulation showed that it was entirely legal, entirely permissible, and the conditions allowing so. (Now whether all those conditions had been met was another question...)
Forewarned is forearmed. And if regulation is not satisfactory, work to change it and participate when opportunities are presented for review and input, or better yet, if you see that the law does not protect the rights and safety of those who might encounter inappropriate or insufficiently accounted use, work with other interested parties to change the statute.
Others have noted areas of lax follow-through and protection so vigilance and education is required as well.
Posted by Regina Claypool-Frey on 05/08/2009 @ 04:43PM PT
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@ Regina. "Forewarned is forearmed."
I guessed I assumed that every state would have laws on school discipline. You have to wonder how many people have to get hurt before they come up with a law.
Posted by L I on 05/08/2009 @ 07:56PM PT
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