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> Investigation of Seclusion and Restraint in Schools
In response to complaints by parents and teachers, The Legal Center conducted a number of investigations of the use of seclusion and restraint in schools. Based on their findings, Legal Center staff issued reports and made recommendations to school personnel and to the Colorado Department of Education. Some investigations are still pending. The Legal Center continues to prioritize investigations of the use of seclusion and restraint in schools.
The Law on Seclusion and Restraint
The Colorado Department of Education (CDE) and Colorado’s schools are covered by the Restraint Act, passed by the Colorado State Legislature in 2000 in response to a number of deaths associated with the ungoverned use of restraint and seclusion in hospitals, schools, day treatment, residential treatment, and other mental health facilities.
The use of restraint or seclusion is only permitted in emergency circumstances. An emergency is the serious, probable, imminent threat of serious bodily harm to self or others. Restraint and seclusion may never be used as a means to punish a student or to gain compliant behavior. Finally, any restraint or seclusion must end once the need to ensure for the safety of the student or others has ended.
The Restraint Act requires the CDE to establish clear guidelines for school districts, which it has done. The Legal Center is now working with the CDE to ensure school compliance with rules.
Defending the Rights of Children: Report Sparks Controversy
This article from the Spring 2007 issue of the Mainstream newsletter gives more information about The Legal Center's investigation of school District 11.
The Legal Center Investigates Aurora Elementary Schools
The article from the Fall 2007 issue of the Mainstream newsletter gives information on The Legal Center's investigation of Aurora elementary schools and staff recommendations.
