Introduction Throughout the years, two factors that are always in a disagreement among schools, stakeholders, parents, and communities is the use of restraint and seclusion. These two factors have had an impact on special education students. Not every situation needs to be handled with a restraint or seclusion. However restraint and seclusion have been incorporated in schools and other settings dealing with a behavior. Although it has been reported, that restraint and seclusion are intended only as a means of last resort, when the child is of imminent harm to himself or others. Based on Council of Children with Behavioral Disorders (CCBD), seclusion is defined as “the involuntary confinement of a student alone in a room or area from which the …show more content…
student is physically prevented from leaving” (Council of Children with Behavioral Disorders [CCBD], 2009, p. 1). Despite the level of defiant, restraint and seclusion should be the least available resource when dealing with students. Children with special needs have been scrutinize in the education system by the way schools analyzing and pursuing their behaviors. This paper will examine the history, legal and ethical aspect of seclusion and restraint. Also, the types of practices and the perspectives of stakeholders’ decision against seclusion and restraint. History and theoretical underpinnings of seclusion and restraint in American schools Seclusion and restraint have been part of the special education system for a very long time.
Many schools have used these two theory to maintain a safe and secure environment. The use of physical restraint according to Ryan & Peterson (2005) was originated in the psychiatric hospitals of France during the late 18th century. The restraint procedures were developed by Philippe Pinel and his assistant Jean Baptiste Pussin. Their intentions were for the same intent it is used today, as a means of preventing patients from injuring themselves or others (American Academy of Child and Adolescent Psychiatry, 2000; Fisher, 1994; Weiner, …show more content…
1992). Since then, it has been very controversial depending on stakeholders’, parents, and educators’ positions. While England decreased the use of restraint, the United States viewed physical restraint as a form of therapeutic treatment and adopted it as an accepted practice for dealing with violent patients (Masters et al., 2002; Tomes, 1988). It has been used since then as a form of treatment throughout the education system. Now, many schools have used a less physical approach to restraint students. The Congressional Research Service issued a report to Congress titled (2010), “The Use of Seclusion and Restraint in Public Schools: The Legal Issues regarding the use of seclusion and restraint in schools, including their use with children covered by the Individuals with Disabilities Education Act (IDEA) and with children not covered by IDEA. The report addressed (1) definitions (Civil Rights Data Collection definitions); (2) constitutional issues; (3) IDEA judicial decisions related to seclusion and restraint; (4) State laws and policies; and (5) Federal legislation.” The Department of education has identified 15 principles that they believe states, schools, parents, and other stakeholders should abide by if a situation happened. They also noted, by any circumstance that any children should be restraint or seclusion in schools unless there is a threat of imminent danger of serious physical harm to the student or others, and occurs in a manner that protects the safety of all children and adults at school (U.S. Department of Education, 2012). Restraint and seclusion start with mentally disable people to children with uncontrollable behaviors. The behaviorist movement in the 1960s and 1970s and the creation of timeout rooms and booths (Ryan et al., 2008). The timeout rooms create a safe place for students to calm themselves without a physically restraint by an adult. Ryan, Peterson, et al. (2007) state “timeout is a behavior management procedure that has long been used in the field of education to address a broad range of maladaptive behaviors across educational placement settings” (p. 7). The legal and ethical issues of seclusion and restraint The United States Department of Education (2002) states, “ All children should be educated in safe, re¬spectful, and non-restrictive environments where they can receive the instruction and other supports they need to learn and achieve at high levels” (p. 15). Legally speaking, they have been many legal suits due to the inappropriate restraints in special education. There is one proposed federal legislation titled Keeping All Students Safe Act (2011) is the first attempt at providing federal guidelines for the use of restraint and seclusion in schools (Yankouski, Masserelli, and Lee, 2012). Seclusion and restraint have caused an emotionally and physically drainage on students. When a student is being confined in a room for hours, that itself can negative impact on the student. Morally speaking, educators need to be mindful of how they handle certain situation. All schools and districts do mandate yearly training for any staff who is interacting with a student with certain behaviors. Also, all districts required schools to have a behavior plan in place and all staff involved must be familiar with the behavior plan. There are many different ethical issues that may arise during a restraint. Educators and staff have to use good judgment and the behavior plan in place before physically restraint or seclude any student. Unfortunately, the use of seclusion and restraint is a complex and ethical issue for it involves the restriction of an individual’s basic human rights (Kontio et al., 2010). Everyone has basic rights, so educators has to reconsider their levels of physical restraint of anyone involved. Best practices that address seclusion and restraint of students There are many research-based practices that have used to address the seclusion and restraint of students in special education programs.
Students with special needs who manifest behavior challenges in schools often times need intensive and extensive supports and strategies that are inherently different from other students (Campbell-Whatley & Lyons, 2013, p. 74). One of the best practices is the Functional Behavior Assessment (FBA). It is an assessment that looks beyond the interpretation of “bad” behavior. Before any child can be restraint or secluded, educators have to assess and create a FBA. This process will give the educators the antecedent and the consequence of the behavior. From this process, a Behavioral Intervention Plan (BIP) will be created to support the child’s
outburst. Another best practice is the used of De-escalation Training. This type of training is to train all the staff that are part of the crisis response committee. When educators are giving effective training, they’ll be able to response to a situation calmly and effectively. Council of Parent Attorneys and Advocates, 2009; National Disability Rights Network, 2009) reassured the use of seclusion and restraint in schools should be limited to emergency use and not be considered a therapeutic treatment option except in very rare instances where the need for these procedures is clearly defined and limited in a student's individualized education program. The third best practice in addressing seclusion and restraint is the use of School wide Positive Behavior Supports (SWPBS). This is a practice where the whole-school is following the same whole-school systemic approach emphasizing effective behavioral interventions at all levels for achieving social and learning outcomes while preventing problem behaviors (Sugai & Horner, 2008). This strategy not only benefits the special needs students, but the whole schools climate environment. Also, it provides a more positive provides a more positive and effective alternative outcomes in addressing behaviors. The perspectives of stakeholders in the decision-making process The stakeholder group is to review restrictive procedures data and discuss areas of agreement about how to reduce the use of restrictive procedures. There are fifteen principles that were providing by the U.S Department of Education. These frameworks have set the standards and the regulations for the implementation of how these principles must be used. The U.S Department of Education understanding that stated, localities, and districts may choose to exceed the framework set by the 15 principles by providing additional protections from restraint and seclusion (U.S. Department of Education, 2012, p.12). Secretary Duncan clearly defines the use of restraint and seclusion in schools. The stakeholders’ perspectives in the decision-making regarding seclusion and restraint have been diligently reviewed each time. Current case that incorporates seclusion and restraint Seclusion and restraint have been an important issue from the beginning. Many children have seriously injured or died due to lack of trainings. In Connecticut, it has been reported over the last 3 years, more than 1,313 incidents of children being injured during a restraint or seclusion and with more than 2 dozen injuries categorized as “serious” (Eagan, Kramer, & Cambria, 2015, p. 1). In Virginia, a mother received a phone call to come to her son’s school. When she got there, she found her son in pain, with hand wrapped in gauze. The restraint of any children should be the last resort in any situation. IDEA does not address seclusion and restraint. However, it allows schools to uphold the “stay put” provision detailed in the law (GCU, 2014). Until today, her son still has a broken hand. Today, many districts have implemented the use of "positive behavioral intervention support." This gives educators the opportunity to use positive reinforcement to deal with students that get upset or become violent. Conclusion Seclusion and restraint should be the last resort to discipline or punish students with special needs. Positive behavior intervention is one of the best practice that decrease the use of seclusion and restraint. Throughout the country, changes are being called for to reduce or eliminate the use of restraint and seclusion for children in schools (Eagan, Kramer, & Cambria, 2015, p. 1). A change can happen when the laws are change and states, schools, stakeholders, educators, and communities’ rallies together for IDEA implementing new guidelines. Children K-12 should not be subject to this to this level of restraint without a law that govern every participant.
One of the legal implications in the case of Wartenberg v. Capistrano Unified School District (1995) was that the Free and Appropriate Public Education (FAPE) federal law was being violated (west Law, 1995). Since the court found the district in violation of FAPE, it also meant that the services being provided in the IEP were not appropriate. Jeremy continued to struggle in school, and despite initial modifications being made, the last addendum to the IEP stated fewer services and no supplemental hours, in a structured educational setting. Furthermore, according to educational code §56341.1 (b) (1) a Behavioral Intervention plan (BIP) must be in place if the student’s behaviors are impeding his IEP goals, his learning or the learning of others (Kemerer and
Tan, C.S. (2007). Test Review Behavior assessment system for children (2nd ed.). Assessment for Effective Intervention, 32, 121-124.
Physical restraint, according to Health Care Financing Administration, can be defined as any handling, physical and mechanical methods applied to a patient with the aim of denying him or her the freedom of movement or access to his or her own body (Di Lorenzo et al., 2011). It may involve use of belts or ties that restrain movement of an individual such as seclusion. Seclusion refers to isolation from others, often done in a room that’s I avoid of any furniture and has a small observable window as the only connection to the outside world (Chandler, 2012). The use of physical restraint in handling patients has been on debate for several years now. In most countries such Italy, it
Every school, psychiatric unit should always make an effort to prevent the need for restraint and seclusion. Everyone has their own opinion on how they feel about these two issues and what the laws should be set on. School policies on seclusion and restraint will always differ from the psychiatric unit’s policy since they are two different environments and may deal with different clientele. There have been many laws that have been set and also changed throughout the years regarding how you should and shouldn’t restrain a patient or student because you could eventually seriously injure them. It can also be bad to seclude a student or patient because they could do multiple things to hurt themselves when they are being secluded.
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Schools are in great need of systems, processes, and personnel who are able to support the needs of students with problem behavior. Research indicates, however, that (while I am a big, fat cheater) information has not been made available to teachers and other professionals in a format that allows these strategies to become common practice. Many teachers choose isolated behavioral strategies that are not applied immediately after the problem behavior has occurred.
In an article written by Samantha P. Ziglar, BSN, RN, she describes the main purpose of restraints through her eyes in the medical field. Ziglar states that at least one in every four patients will be restrained at least once, that’s 79.715 million people in the United States (Population). “Specific reasons include fall prevention, limiting wandering behavior and preventing dislodging or interference of therapeutic devices, and controlling violent or agitated behavior” (Ziglar 1). Ziglar emphasises the growing problem among restraints; improper use among nurses. “Patient safety should be every nurse’s top priority; therefore, nurses need to have a thorough knowledge base of the risks and benefits of using physical restraints” (1). As a result of what a nurse needs, restraints are required to succeed in his or her profession, making their patient as safe and comfortable as possible. The purpose of restraints as a whole is to provide patient protection. Ziglar lists the pros and cons of the use of restraints. Some major
Students who frequently engage in off-task and inappropriate behavior disrupt the classroom and hinder learning for other students (Riley, et.al, 2011). In order to reduce off-task behaviors exhibited by a particular student, it is crucial to determine the function of the behavior by conducting a functional behavioral assessment (FBA). Once the cause of the behavior is found, teachers can take steps to reduce the inappropriate behavior by implanting strategies to decrease their occurrence.
Seclusion is a clinical intervention used in mental health inpatient settings that focuses on the management of violent and aggressive behavior when that behavior compromises the safety of the consumer, co consumer, visitors and staff.
In 2001, over 450 million people worldwide suffered from mental illness (World Health Organisation, 2001) and these numbers have increased by a wide margin since then. Using restraints in treatment for those who are mentally ill is a topic that creates a large amount of controversy. Many are concerned with how the use of restraints can affect the person and if they are necessary or if alternative measures could be used. The National Alliance of Mental Illness has indicated their position on restraints, “The use of involuntary mechanical or human restraints or involuntary seclusion is only justified as an emergency safety measure in response to imminent danger to a patient or others.” (The National Alliance of Mental Illness, 2001) There have
Classroom management is one of the most essential skills to becoming an effective classroom teacher. Teachers who possess the ability to manage their classroom are able to create an environment where learning is the focus (Burden & Cooper, 2004). Although teachers may be well prepared and skilled with classroom management, at some point in time they will encounter a student or students whose behavior hovers authority and the functioning of the class. There is no simple way to deal with these difficult situations, but there are strategies to help. The first step is to identify the purpose of the behavior. A Functional Behavior Assessment (FBA), is a systematic set of strategies that are used to determine the underlying function or purpose of a behavior so that an effective intervention plan can be developed (NPDC, 2014).
A functional behavior assessment (FBA) is the way the teacher finds out the reason behind the behavior for that individual student. An FBA has a variety of methods it uses to be able to diagnose the causes and to identify likely interventions intended to address problem behaviors. In other words, the FBA looks beyond the behavior and looks at identifying the natural, social, emotional, and ecological factors that cause the target behavior. Each student misbehave in the classroom it may be for different reasons, so finding the correct symptom for that student in critical to replace it. Once the reason behind the behavior has been found then the replacement behavior can be taught. This will eliminate the issue, but still give the student the desired outcome. Formed that are used to collect data are an ABC Observation Data sheet. This form has the teacher record that the antecedent (trigger) was, the behavior the student showed and the consequence for the behavior. The team will also want question the teachers, student and family members to find out as much information as possible about the individual. A scatter plot is
Untouchability is the act of isolating a particular community of people from the mainstream of the society.it is not merely the inability to touch a person; it is a kind of phenomena where untouchables are considered to be inferior at every stage of social system. Under Untouchability people belonging to lower castes are despised and denied social equality because their touch is consider to be polluting.
Thus, Allinsmith (1960) distinguishes two types of family disciplines: the corporal and the psychological. Sears, Maccoby & Levin (1963) distinguish between discipline based on the denial of tangible objects and discipline based on denial of affect, and Aronfreed (1976) differentiates between sensitization techniques based on the direct application of punishments and induction techniques based on the explanation of the possible consequences that the behavior carried out by the child may have for others.