Restraint/Seclusion

AutCom strongly supports the Keeping All Students Safe Act, S. 2020, a bill to protect children from dangerous restraint and seclusion. AutCom salutes the sponsor of the bill, Senator Tom Harkin, and thanks him for his tireless work to protect students with disabilities. The bill limits restraint to emergencies involving serious bodily injury and bans seclusion. It bans life-threatening restraint, restraint that interferes with communications, and mechanical and chemical restraints. It requires schools to notify parents within 24 hours of restraint. It requires the collection of data to improve decision-making. Senator Harkin’s bill will establish vitally-needed national minimum standards to protect all school children nationwide.

Here is a Summary and Analysis of State Restraint and Seclusion Laws and policies. This review of state policies is updated and includes the most recent laws and regulations about seclusions and restraint.

What you can do:

• Read AutCom’s Letter in Support of Senator Harkin’s bill.
• Read AutCom’s Summary of the Keeping All Students Safe Act
• E-mail your senator to co-sponsor the bill
• Join Autism National Committee, the National Disability Rights Network, and COPAA in a joint letter supporting Senator Harkin’s bill. Sign your national, state, or local organization on! Go to http://www.surveymonkey.com/s/KeepingAllStudentsSafeAct

See also:

• AutCom’s Policy Statement Against Restraint, Seclusion & Aversives
• AutCom’s letter in support of H.R. 1381, the Keeping All Students Safe Act, introduced by Congressman George Miller in the House of Representatives.

Expert Witness Fees

When parents are forced in IDEA cases to seek an impartial due process hearing, they must be able to afford expert witness fees. Although Congress intended that parents be able to recover expert fees if they prevail at a hearing, the Supreme Court held in Arlington Central School District v. Murphy (2006) that they could not. But few middle and lower-income families can afford expert witnesses; approximately 36% of children with disabilities live in families earning less than $25,000 a year. The IDEA Fairness Restoration Act (S.613 and H.R. 1208), introduced by Senator Tom Harkin and Congressman Chris Van Hollen, would restore Congress’ intent and allow parents to recover expert fees.

Here are some more documents regarding this issue:

• Briefing Memo
• letter from the Consortium of Citizens with Disabilities

For more information on AutCom’s Congressional Activities, please contact Jessica Butler, AutCom Congressional Affairs Coordinator, jessica@jnba.net