[Congressional Record Volume 156, Number 133 (Wednesday, September 29, 2010)]
[Senate]
[Pages S7802-S7803]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. DODD (for himself and Mr. Burr):
  S. 3895. A bill to protect students from inappropriate seclusion and 
physical restraint, and for other purposes; to the Committee on Health, 
Education, Labor, and Pensions.
  Mr. DODD. Mr. President, I rise today to introduce the Keeping All 
Students Safe Act to create a safe environment for students and school 
personnel by creating minimum standards around the use of seclusion and 
restraint in schools. In December, I introduced a similar bill. But 
today, I come to the floor with my good friend and colleague Senator 
Burr, with a revised act that incorporates additional protections for 
students.
  In 1998, the Hartford Courant ran an award-winning series of stories 
about the use of seclusion and restraint in hospitals, residential 
facilities, and group homes for individuals with psychiatric and 
developmental disabilities. The Courant uncovered a hidden epidemic, 
confirming 142 deaths occurring during or after the use of seclusion or 
restraint.
  One of those 142 cases was an 11-year-old boy from my home State of 
Connecticut. He was restrained face-down in a position that restricted 
his air flow. He died as a result.
  In response, I led the charge to establish Federal standards to 
prevent the misuse of these practices. I helped pass The Children's 
Health Act of 2000, which included the Compassionate Care Act that I 
originally drafted to put these standards in place in certain hospitals 
and residential facilities. We

[[Page S7803]]

wanted to include schools in this legislation, but were unable to do 
so. Sadly, the need could not have been greater.
  Over the past year, reports from the National Disability Rights 
Network, NDRN, the Alliance to Prevent Restraint, Aversive 
Interventions, and Seclusion, APRAIS, the Council of Parent Attorneys 
and Advocates, Inc., COPAA, and the Government Accountability Office, 
GAO, have painted a picture disturbingly similar to the one the 
Hartford Courant discovered more than a decade ago.
  The statistics are chilling--hundreds of incidents of physical 
injury, psychological trauma, even death--but the stories are even more 
devastating.
  The GAO found many examples of the inappropriate use of seclusion and 
restraint in the report it released on May 19, 2009.
  A 14 year-old boy was restrained face-down by a teacher because he 
would not stay seated in class. The 230 lb. teacher sat on the 129 lb. 
boy, restricting his airflow and resulting in the boy's death.
  A 4 year-old girl with cerebral palsy and autism was restrained in a 
wooden chair with leather straps for being ``uncooperative.''
  In one school district, children with disabilities as young as six 
years old were allegedly placed in strangleholds, restrained for 
extended periods of time, confined to dark rooms, and tethered to ropes 
and prevented from using the restroom until they urinated on 
themselves.
  To be clear, school personnel go to work every day with the goal of 
educating children, not harming them. I have the utmost respect and 
appreciation for the difficult job they do and want to make it clear 
that my concern signifies no disrespect for their challenging jobs, or 
the dangers they sometimes face.
  However, these tragic stories reflect inadequate training and a lack 
of resources on the state and local levels to implement effective 
interventions, such as school-wide positive behavioral interventions 
and supports. According to a report by COPPA, over 71 percent of the 
185 incidents they identified occurred in schools with no positive 
behavioral interventions or supports. If school personnel are provided 
with the necessary tools to prevent dangerous situations, the number of 
incidents requiring restraint and seclusion will decrease.
  Just as students have a right to learn in a safe environment, 
educators have a right to work in a safe environment. They should be 
provided with the proper training and support to prevent injury to 
themselves and others.
  In some states, parents have successfully advocated for laws that 
provide these resources, as well as guidelines to ensure that they are 
used effectively.
  But the patchwork of state laws and regulations is confusing and 
especially troublesome for transient students.
  According to the GAO study, 19 states have no law or regulations 
concerning seclusion and restraint in schools. Some laws apply to only 
certain schools or situations, and some apply to restraint but not 
seclusion. Only 19 states require parental notification, only 17 states 
require staff training, and only eight specifically prohibit restraints 
that restrict air flow.
  Therefore, Senator Burr and I will today introduce the Keeping All 
Students Safe Act, a bill that will address these issues.
  Our bill will establish clear minimum standards for the use of 
restraint and seclusion in schools, closely based on the Children's 
Health Act of 2000. It will also provide resources to assist with 
policy implementation and provide school personnel with necessary 
tools, training, and support.
  It will improve data collection, analysis, and identification of 
effective practices to prevent and reduce seclusion and restraint in 
schools, so we may better understand the scope of the problem and the 
effectiveness of our solutions.
  Specifically, the legislation will prohibit the use of seclusion and 
restraint in schools unless a student's behavior poses an immediate 
danger of serious physical injury and less restrictive interventions 
would be ineffective.
  It will prohibit the use of mechanical, chemical, and physical 
restraints that restrict air flow to the lungs.
  This legislation will require adequate training and state 
certification of school personnel imposing seclusion or restraint, 
immediate parental notification when such an incident occurs, and a 
debriefing session to prevent future incidents.
  As a result of this act, the Department of Education will conduct, 
and provide to Congress, a national assessment that analyzes data on 
seclusion and restraint and determines effective practices in 
preventing and reducing the number of incidents. This assessment will 
provide us with a more accurate picture of the extent of seclusion and 
restraint in schools, and will help direct additional future efforts to 
ensure that our children and those who educate them are safe.
  The Keeping All Students Safe Act includes language that solidifies 
Protection and Advocacy agencies', P&A, abilities to serve the students 
who are in need of protection. This legislation is meant to ensure that 
these P&As are spending their time and resources protecting our 
Nation's children in schools, and not in court about this already 
settled issue.
  Finally, this legislation will amend the Elementary and Secondary 
Education Act, as well as the Higher Education Act, to provide 
additional planning for and training on the use of positive behavioral 
interventions and supports.
  I want to thank the many organizations representing individuals with 
disabilities, students, teachers, and schools that all came to the 
table with recommendations. Their time, energy, and input made this a 
much stronger and more effective bill, and I truly appreciate their 
hard work and support. I am especially thankful for Senator Burr's 
commitment to this issue and his insights that have strengthened the 
bill. I am also grateful to Secretary Duncan for his leadership on this 
issue at the Department of Education. Finally, I want to thank my 
colleague and good friend, Chairman George Miller in the House of 
Representatives. Earlier this year, he introduced companion legislation 
that passed the House in March. Senator Burr and I look forward to 
working with him to pass this into law.
  Every child has a right to be safe in the place where he or she goes 
to learn and grow. Every educator deserves the training and support he 
or she needs to do his or her job safely and effectively. The Keeping 
All Students Safe Act will help to prevent tragedies in our schools. I 
am proud to introduce it today, and I urge my colleagues to join me.
                                 ______