Q. What happened to HR 4247? Why wasn’t it passed in 2010?
A. HR 4247 was passed in the House in 2010, but was not voted on by the Senate before the end of the Congress session in December. As a result, the bill needed to be introduced to the new session of Congress before further action could be taken. The bill was reintroduced in April 2011 with a new number, HR 1381.
Q: What is the current rule/regulation in my state?
A: Many people inquired about the specific rule or regulation for their state. Please click here to review a state by state summary of rules and regulations reported following the GAO report.
Q: What is the definition of restraint and seclusion etc… in the bill?
A: The bill was drafted utilizing definitions from the Children’s Health Act and are as seen below:
- Mechanical Restraint: the use of devices as means of restricting a student’s freedom of movement.
- Physical Escort: the temporary touching or holding of the hand, wrist, arm, shoulder or back for the purpose of inducing a student who is acting out to walk to a safe location.
- Physical Restraint: a personal restriction that immobilizes or reduces the ability of an individual to move his or her arms, legs, or head freely. Such term does not include a physical escort.
- Seclusion: a behavioral control technique involving a locked isolation. Such term does not include a time out.
- Time out: a behavior management technique that is part of an approved treatment program and may involve the separation of the student from the group in a non-locked setting, for the purpose of calming. Time out is not seclusion.
Other definitions:
- Chemical Restraint: a drug or medication used on a student to control behavior or restrict freedom of movement that is not (A) prescribed by a licensed physician for the standard treatment of a student’s medical or psychiatric condition; and (B) administered as prescribed by the licensed physician.
Q: What about mechanical restraint? We use (Rifton chairs, therapy chairs, chairs with a tray and seatbelt)
A: Under the Rule of Construction Section of H.R. 4247 it states: Nothing in this section shall be construed to authorize the Secretary to promulgate regulations that prohibiting the use of (2) devices implemented by a trained school personnel, or utilized by a student, for the specific and approved therapeutic or safety purposes for which such devices were designed and, if applicable, prescribed, including – (A) restraints for medical immobilization; (B) adaptive devices or mechanical supports used to achieve proper body positioning, balance, or alignment to allow greater freedom of mobility than would be possible without the use of such devices or mechanical supports; or (C) vehicle safety restraints when used as intended during the transport of a student in a moving vehicle.
Q: What ages and/or programs does this apply to?
A: School is defined as an entity that
(A) is public or private –
(i) day or residential elementary school or secondary school; or
(ii) early childhood, elementary school or secondary school program that is under the jurisdiction of a school, educational service agency or other educational institution or program; and
B) receives, or serves students who receive, support in any form from any program supported in whole or in part, directly or indirectly, with funds appropriated to the Department of Education
Q: Explain more about restraint not being written into an IEP.
A: The specific language around this issue is as follows (Section 5: Minimum Standards)
(4) The use of physical restraint or seclusion as a planned intervention shall not be written into a student’s education plan, individual safety plan, behavioral plan, or individualized education program. Local educational agencies or schools may establish policies and procedures for use of physical restraint or seclusion in school safety or crisis plans, provided that such school plans are not specific to any individual student.
Summary of Seclusion and Restraint Statutes, Regulations, Policies and Guidance, by State and Territory: Information as Reported to the Regional Comprehensive Centers and Gathered from Other Sources
This is a state-by-state summary of education rules that the Department of Education put out following the GAO report. It’s a great quick reference to get more familiar with what your state requires or doesn't require and to see what other states are doing.
Click to Download