Seclusion and restraint policy is a topic that can be very complex.
In this article we’re summarizing some of the major talking points on this topic — including case studies, policies, compliance, training, plus documentation and notification.
The information contained in this article has been attained by reputable sources such as the Wisconsin Department of Public Instruction (DPI), as well as reports from Wisconsin Public Radio and the Wisconsin Examiner.
There were more than 5,300 instances of seclusion and more than 6,300 cases of physical restraint last year in Wisconsin schools, according to new data from the Wisconsin Department of Public Instruction.
Among those cases, 1,868 children were secluded and 2,763 were physically restrained, although the numbers don’t indicate whether these events occurred simultaneously.
Drilling down further, data shows the majority of these children were in elementary school. In addition, eighty percent of students secluded or restrained have individualized education programs (IEPs) — meaning they are special education students. Overall, students with IEPs make up about 14 percent of Wisconsin’s school-age children.
While seclusion and restraint cases are down about eight percent from the 2021-22 school year, state Superintendent Jill Underly said every effort needs to be made toward the prevention of cases …
We must remember each of these reported incidents represents a traumatic lived experience — both for a student and for school staff. As progress continues toward our goal of limiting these tactics, our schools need additional support to train and educate staff around trauma-informed practices to help address the unique behavioral needs of students.
QUICK DEFINITIONS
Seclusion is when a student is put in a room or area where they are physically not able to leave.
Restraint occurs when a student is restrained by another person. This reduces the ability of a student to freely move their body or head. This also includes putting a child in a chair so the child cannot get free.
That said, Wisconsin law limits when restraint and seclusion can be used.
AN UPDATE TO THE LAW CONCERNING SECLUSION & RESTRAINT
In 2019, the state of Wisconsin updated its law limiting the use of physical restraint and seclusion in schools to, “circumstances where a student’s behavior presents a clear, present, and imminent risk to the physical safety of the student or others.” The updated law goes on to say that restraint and seclusion should be used when it is the least restrictive intervention possible. In addition, the law now has additional requirements if these practices are being implemented — including the requirement to report data regarding these practices to the DPI.
Here’s what Representative Dave Considine stated in 2019 regarding testimony on Assembly Bill 585:
As a former educator of students labeled Emotionally and Behaviorally Disordered, I understand that sometimes there is a need for such measures in the classroom. However, I also know that the better the training and the more comfortable the teacher becomes with the standards, the less seclusion or physical restraint is needed.
This bill changes the components of the current training and requires reporting data for when seclusion and physical restraint are used on a pupil. I value accurate data on how often these practices are employed. This data is difficult for schools to report, but with real statistics on why and how often the seclusion and restraint is used we can make sure we’re keeping all children safe.
CASE STUDY 1
During the testimony for Assembly Bill 585, a parent from New Berlin, WI, Marcia Dewey, testified that her 7-year-old son was restrained after teachers said he was running through the halls.
According to the testimony, her son has autism, as well as ADHD, and her assumption was that he would be restrained by having hands put on his shoulder or his arm grasped. But after noticing red marks on her son’s back, Dewey learned her son’s arms were “tied as if in a straightjacket by two adults, each pulling his arms in opposite directions.”
“They then lifted him off the ground and carried him this way through the classroom and hallways to another room,” Dewey testified. “It’s very heart breaking as a parent to find out about what the use of restraint means after it has been used on your own child.”
Although Dewey’s son is now 15, and doing well, this is not always the outcome for students who are secluded and or restrained.
Dewey went on to say, “this is grossly underreported. The only reason I knew was because my son is quite good at language skills, but I think about the kids who share a diagnosis with my son and don’t have language skills. When you’re a 7-year-old who is neurodiverse and you’ve had an experience of unsafety in a certain environment, when the world is already kind of overwhelming, this is just going to snowball.”
Her point is a good one, as trauma can cause stress — as well as feelings of unsafety — which can be carried around by a student for years, or even a lifetime. This is why it’s so important for educators to have more robust training, so if a student’s behavior presents a clear, present, and/or imminent risk to someone’s safety, educators have more tools at their disposal to handle the situation than simply resorting to seclusion and restraint. And if they DO need to implement seclusion and/or restraint, proper training is critical to ensuring it is carried out properly.
DID YOU KNOW: According to a year-long investigation by Hearst Newspapers, the disproportionate use of seclusion and restraint isn’t limited to students with disabilities, it also includes black students and boys.
CASE STUDY 2
According to the Wisconsin Examiner, a recent investigation found a Wisconsin school, Weston Elementary School, in Cazenovia, WI, failed to comply with several seclusion and restraint policies, including:
- Ensuring sufficient training
- Properly documenting seclusion & restraint incidents
- Debriefing after incidents
- Notifying a student’s parent or guardian
- Removing a lock on the door of the seclusion room
If a student seclusion and/or restraint occurs, all of these policies need to be adhered to.
Jeff Spitzer-Resnick, an attorney who is a long-time disability advocate, is representing a first-grade student at Weston Elementary. He noted that often, when schools conduct these investigations, they enlist the same law firms who typically represent their schools, and this is a conflict of interest.
He also shared the following statement:
I have yet to see that for a so-called independent investigation conducted by a school district’s attorney in all my time. And I think it’s a wake up call, hopefully, to other school districts to get serious when they do investigations of abuse by staff and school.
Lack of Training
Within this same district, as per the Wisconsin Examiner, before December of 2023, Molly Kasten, the director of curriculum, instruction and special education for the district, was the sole staff member who was equipped with up-to-date training. In addition, Kasten was responsible for ensuring that the staff were trained.
That said, multiple staff members who interacted on a regular basis with the student — including two paraprofessionals — didn’t have up-to-date training when they engaged in the use of seclusion and restraint.
The investigation highlighted that because of previous experiences with the student, there was a chance that seclusion and restraint might be necessary. “Kasten, as the administrator in charge of seclusion and restraint training, should have anticipated this need and ensured an adequate number of staff received proper training.”
In addition, staff received little or no training regarding how to complete reports, which leads us to …
Incomplete Documentation & Lack of Notification
Out of 14 seclusion and restraint reports the district had on file:
- Three of the incidents happened on Nov. 8, 2023
- Three other incidents occurred on Nov. 13, 2023
- One happened on each of the following dates: November 16, 17, 20, 21; December 12, and three others on Dec. 14.
Of the 14 incidents — only one was properly documented.
The investigation states the following:
In sum, nearly all the reports examined by this reviewer were inadequate. The reports in some cases are so deficient that it is virtually impossible for a third party reviewer to ascertain whether the report was filled out for a restraint or a seclusion. Despite numerous witnesses indicating that restraint did in fact occur, not a single report explicitly indicates the use of restraint.
Plus, when these incidents occurred, the room used for seclusion was out of compliance. The lock was still on the door, and was not removed until after the investigation.
Other incidents of dragging the student down the hallway during the 2022-2023 school year (considered restraint) was not documented. And on a minimum of two occasions, the district’s Superintendent, Gary Syftestad, dragged the student down the hallway at the school. His claim was that the student saw it as fun, as did other staff members who witnessed the dragging. Syftestad was admonished for his actions.
SOME FINAL NOTES ON SECLUSION AND RESTRAINT POLICY REQUIREMENTS
Wisconsin state law lays out several requirements for when seclusion and restraint are used, including requirements that secluded students must:
- Be supervised
- Have access to a bathroom, drinking water, necessary medication and scheduled meals
- Be in a room that can’t be locked and is free of objects or fixtures that could injure them
- Only be secluded for as long as necessary to resolve the risk.
In the case of restraint, some of the policies in the statute include that:
- The degree of force and duration should not exceed what is “reasonable and necessary” to resolve the risk and it should not constitute corporal punishment
- It also details the requirements for steps a school must take after a seclusion or restraint occurs
Wisconsin state law also requires that:
- At least one staff member in each school where restraint might be used needs to be trained
- ONLY trained staff members are supposed to conduct any seclusions, unless there is an emergency and a trained individual isn’t available
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The Department of Public Instruction suggests that schools should have more than one person trained within their school to ensure safety for students and staff.
DID YOU KNOW: There are no federal laws dictating how teachers or principals can use restraint or seclusion on children, despite federal law banning these practices in hospitals, psychiatric facilities and nursing homes.
This brings us to the end of our article on seclusion and restraint. If you’re looking for more information on this topic, the Wisconsin DPI has some excellent information on their website.
Additional articles that might be of interest include: