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PHYSICAL EDUCATION: AMENDING THE INDIVIDUALS WITH DISABILITIES EDUCATION ACT TO RESTRICT RESTRAINT AND SECLUSION IN PUBLIC AND PRIVATE SCHOOLS
Author(s) -
Miller Jeffrey P.
Publication year - 2011
Publication title -
family court review
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.171
H-Index - 4
eISSN - 1744-1617
pISSN - 1531-2445
DOI - 10.1111/j.1744-1617.2011.01380.x
Subject(s) - seclusion , jurisdiction , legislation , legislature , punishment (psychology) , abandonment (legal) , state (computer science) , psychology , law , political science , social psychology , psychiatry , algorithm , computer science
There are no federal laws restricting the use of restraint or seclusion in public or private schools. Such laws exist at the state level, but the specifics vary from jurisdiction to jurisdiction. Federal legislation is necessary in order to ensure that students are not treated differently in each state based on legislative disparities between those states. The lack of a uniform standard for restraint and seclusion subjects students, a disproportionate number of whom have disabilities, to unreasonable physical control by other persons. These practices convey punishment, fear, abandonment, and provide little positive benefits. The amendment proposed in this Note will ensure that seclusion and restraint are only used when the student poses a direct threat to the health or safety of him or her self or others. Staff must be trained in the safe and proper use of these procedures so that they are performed in a reasonable manner, including utilization for a limited amount of time and the exhaustion of positive disciplinary alternatives prior to the utilization of these procedures. Furthermore, parental consent to the use of these procedures is imperative.