Seclusion and Restraint the Legal Landscape: Call for Collaboration Between Research, Policy, and Practice

• In Event: Marriott Roundtable Session 20
  In Roundtable Session: Law, Ethics, and the Power of Perceptions: Legal Rights of the Most Vulnerable Among Us

Abstract

In December 2018, the death of a 13-year-old following a school restraint shocked Americans. Despite a decade of recommendations related to seclusion and restraint (GAO, 2009), only 31 states forbid life-threatening restraints and two ban seclusion for all students (Butler, 2019). A recent report by the Government Accountability Office (2019) suggests that the federally required district self-reports of these incidents are grossly inaccurate. Students with disabilities are disproportionately victimized, despite their right to a free appropriate public education. Using the SpecialEd Connection® database, the authors identified and analyzed 38 court cases from 2015 - 2019. Findings showed six ethical issues throughout these cases, demonstrating the need for improved legislation, a cultural shift to prevention, and funding for empirical research.

Authors

• Angela Marie Tuttle Prince, Iowa State University

• June Elizabeth Gothberg, Cornell University