In December 2009, Representative George Miller and Cathy McMorris introduced the Preventing Harmful Restraint and Seclusion in Schools Act. The bill passed the House in March. The senate bill (originally S. 2860) was revised in September, 2010 becoming S.3895 which ultimately stalled in the Senate.
While the bill is “dead,” it is worth noting that the version of the bill the Senate proposed is significantly different from the House bill in that it allows schools to include seclusion and/or restraint in Individualized Education Programs (IEPs).
Current Federal status on the use of seclusion and restraint in schools:
- No mandatory training for school personnel that use restraint;
- Highly recommended that school personnel who use restraint be trained in restraint;
- Restraint and seclusion can be included as part of an IEP or BP; and
- Standing, seated and floor restraint including face down restraint is permitted.