On May 19, 2009, the Education and Labor Committee in the U.S. House of Representatives held a hearing to examine the abusive and potentially deadly misapplication of seclusion and restraint techniques in schools. Related to this hearing was the testimony issued on the same day by the Government Accountability Office on “Seclusions and Restraints: Selected Cases of Death and Abuse at Public and Private Schools and Treatment Centers.”

GAO Report on Seclusions and Restraints: Seclusions And Restraints: Selected Cases of Death and Abuse at Public and Private Schools and Treatment Centers

On May 19, 2009, the U.S. Government Accountability Office (GAO) testified before the Education and Labor Committee in the U.S. House of Representatives regarding allegations of death and abuse at residential programs for troubled teens. Recent reports indicate that vulnerable children are being abused in other settings. For example, one report on the use of restraints and seclusions in schools documented cases where students were pinned to the floor for hours at a time, handcuffed, locked in closets, and subjected to other acts of violence. In some of these cases, this type of abuse resulted in death.

In some of these cases, this type of abuse resulted in death. Given these reports, the committee asked GAO to:

1. provide an overview of seclusions and restraint laws applicable to children in public and private schools,
2. verify whether allegations of student death and abuse from the use of these methods are widespread, and
3. examine the facts and circumstances surrounding cases where a student died or suffered abuse as a result of being secluded or restrained.

GAO reviewed federal and state laws and abuse allegations from advocacy groups, parents, and the media from the past two decades. GAO did not evaluate whether using restraints and seclusions can be beneficial. GAO examined documents related to closed cases, including police and autopsy reports and school policies. GAO also interviewed parents, attorneys, and school officials and conducted searches to determine the current employment status of staff involved in the cases.

• Download the GAO Report: Seclusions And Restraints: Selected Cases of Death and Abuse at Public and Private Schools and Treatment Centers.
  
  Highlights (PDF, 74KB) | Full Report (PDF, 485KB) | Accessible Text

Secretary Duncan Sends Letter to Chief State School Officers on Restraint and Seclusion in Schools

On July 31, 2009, Secretary Duncan sent a letter to Chief State School Officers encouraging each state to review their current policies and guidelines regarding the use of restraints and seclusion techniques in schools and if appropriate develop or revise them to ensure the safety of students.

• The letter can be found at: http://www.ed.gov/policy/elsec/guid/secletter/090731.html.

State and Territorial Policies

Please learn more about states’ policies, regulations and guidelines regarding the use of seclusion and restraint in light of the May 2009 Government Accountability Office’s Seclusions and Restraints:  Selected Cases of Death and Abuse at Public and Private Schools and Treatment Centers report.  

• State Policies, Regulations and Guidelines
  
  
  • Summary of State Data