via myfoxboston:

Graphic video of teen being restrained, shocked played in court

Video of a student restrained and shocked for hours at the Judge Rotenberg Center was played in court on Tuesday after a years-long battle by the center to keep it from the public eye.

The video, which shows former resident Andre McCollins screaming, writhing in pain, and begging for help, was played at the start of McCollins' trial against the Canton-based Judge Rotenberg Center.

The Rotenberg Center convinced a judge eight years ago to seal the video, and the battle continued up until Tuesday morning when their attorneys asked Superior Court Judge Barbara Dortch-Okara to bar FOX Undercover's camera from recording the video as it was played.

Dortch-Okara denied the center's request, clearing the way to give the public the first look at how these controversial electric shocks are used. The video was taken by one of the center's classroom cameras.

McCollins, then 18 years old, was shocked 31 times that day in 2002. Lawyers for the center and its clinicians say it was part of the treatment he needed to quell his aggressive behavior. Read here

The Reporter
Vol. XI, No. 2 April 10, 2012

Advocates Blast Restraint and Seclusion Report; Call for Enactment of Federal Legislation

On March 8, the American Association of School Administrators (AASA) released “Keeping Schools Safe: How Seclusion and Restraint Protects Students and School Personnel.” The report quickly drew criticism from disability advocates supportive of enacting national minimum standards that would protect all students from the use of restraint and seclusion.

Among many troubling assertions in the report, disability advocates rejected the position that school staff are well trained in the appropriate methods of restraining or secluding students and that 99% of school personnel use seclusion and restraint safely and only when needed. In 2009, the General Accountability Office found hundreds of cases of alleged abuse and even deaths of children–most of them with disabilities–due to use of restraint and seclusion in schools. Currently, no federal laws regulate the use of restraint and seclusion in schools, and state laws vary widely.

See disability groups' letter criticizing this report and urging lawmakers to enact legislation currently before Congress. read The Reporter

via US GAO

SECLUSIONS AND RESTRAINTS

Selected Cases of Death and Abuse at Public and Private

Schools and Treatment Centers

GAO-09-719T, May 19, 2009

"GAO found no federal laws restricting the use of seclusion and restraints in public and private schools and widely divergent laws at the state level. Although GAO could not determine whether allegations were widespread, GAO did find hundreds of cases of alleged abuse and death related to the use of these methods on school children during the past two decades. Examples of these cases include a 7 year old purportedly dying after being held face down for hours by school staff, 5 year olds allegedly being tied to chairs with bungee cords and duct tape by their teacher and suffering broken arms and bloody noses, and a 13 year old reportedly hanging himself in a seclusion room after prolonged confinement. Although GAO continues to receive new allegations from parents and advocacy groups, GAO could not find a single Web site, federal agency, or other entity that collects information on the use of these methods or the extent of their alleged abuse. GAO also examined the details of 10 restraint and seclusion cases in which there was a criminal conviction, a finding of civil or administrative liability, or a large financial settlement. The cases share the following common themes: they involved children with disabilities who were restrained and secluded, often in cases where they were not physically aggressive and their parents did not give consent; restraints that block air to the lungs can be deadly; teachers and staff in the cases were often not trained on the use of seclusions and restraints; and teachers and staff from at least 5 of the 10 cases continue to be employed as educators." (emphasis mine) view 62 page Report PDF

via The Journal of School Nursing

Tied Up and Isolated in the Schoolhouse

Abstract

In 1999, the United States General Accountability Office (USGAO) investigated restraints and seclusion use in mental health settings and found patterns of misuse and abuse. A decade later, it found the same misuse and abuse in schools. Restraints and seclusion are traumatizing and dangerous procedures that have caused injury and death. In the past decade, restraints and seclusion have gone from being considered an essential part of the psychiatric mental health toolkit to being viewed as a symptom of treatment failure. In most mental health settings, the use of restraints and seclusion has plummeted due to federal regulations, staff education, and concerted effort of psychiatric national and local leadership. The purpose of this article is to provide a background to and an overview of the present imbroglio over restraints and seclusion in public and private schools, articulate their dangers, dispel myths and misinformation about them, and suggest a leadership role for school nurses in reducing the use of these procedures.here

via The Library of Congress Thomas:

Bill Summary & Status

112th Congress (2011 - 2012)

S.2020

Latest Title: Keeping All Students Safe Act

Sponsor: Sen Harkin, Tom [IA] (introduced 12/16/2011) Cosponsors (None) All Information except text of the bill

Related Bills: H.R.1381
Latest Major Action: 12/16/2011 Referred to Senate committee. Status: Read twice and referred to the Committee on Health, Education, Labor, and Pensions.

ALERT! Keeping All Students Safe Act (S.2020)

Please email your Senators and ask them to cosponsor the Keeping All Students Safe Act (S.2020).
This bill will protect children nationwide from restraint and seclusion in schools.
The need for this legislation is exemplified yet again in a horrific situation in Middletown, CT regarding the use of school seclusion rooms.
The situation described by parents and students in this report is horrific and abusive. Aptly termed “scream rooms” in this media report, such seclusion rooms are exactly what the Federal bill, S. 2020, pending in the Senate seeks to eliminate.
Senator Tom Harkin (Chair, Health Education Labor and Pension Committee) introduced S. 2020 in December. The bill would ban physical restraint except in emergency situations when there is an immediate threat of serious bodily injury.
The bill bans seclusion (confinement) of children in locked rooms or rooms from which they cannot exit. It bans life-threatening restraint that interferes with breathing or the ability to communicate, and mechanical and chemical restraints. It requires schools to notify parents within 24 hours of restraint.
Ask your Senator to cosponsor this important bill.
National, State and Local groups are urged to sign on in support of the Act at http://www.surveymonkey.com/s/KeepingAllStudentsSafeAct

Send an Email Message to Your Senators
Please email your Senators and ask them to COSPONSOR the Keeping All Students Safe Act. Ask your friends, family members, and colleagues to send emails.
The Senate needs to get emails from many, many parents, self-advocates, advocates, family, friends, and the wider community. Every person is a voter. Be sure you ask them to “cosponsor” the bill.
You can email your Senators through their Senate website forms. Go to:
http://1.usa.gov/Senat or
http://www.senate.gov/general/contact_information/senators_cfm.cfm
You can find your State’s Senators by choosing your state at the top. Every State has two Senator’s PLEASE EMAIL BOTH OF YOUR SENATORS.
Please do not call or fax unless you absolutely need to. Letters mailed through regular mail to the U.S. Congress are delayed for anthrax screening. So, please use email.
Link to this Action Alert -http://www.wrightslaw.com/nltr/12/al.0124.s2020.htm

Your Message: Sample Email
COPAA provides a sample email you can send your Senators. Feel free to change it as you like.
If your child or a family member / friend / fellow student was restrained or secluded, please include that in your email and briefly tell their story.
But please email even if you have not been personally affected. The Senate must hear from many, many people.
You might write “We are parents/family members/friends of a child with autism, and we are concerned that any child in school could be subjected to these techniques.” Or you might briefly describe your clients or advocacy work. Write what you feel comfortable writing.
Here's a message you can use and more information about the bill.