House OKs bill governing use of restraints in schools

A bill intended to regulate seclusion and restraint of Kansas schoolchildren, particularly those with disabilities, won approval in the House today.

The vote was 82-41. The bill now goes to a Senate committee.

The bill, HB 2444, could do three things: better inform parents of how their child is being treated, better train teachers, and create baseline standards for all schools, according to Rocky Nichols, executive director of the Disability Rights Center of Kansas.

The bill says: “a child with a disability shall not be physically restrained or placed in a seclusion room except by a school employee who has had training in the appropriate use of these techniques.”

Advocates say the bill is a good start and will move schools toward better behavioral plans when dealing with students with disabilities.

Kansas is among 13 states that have “voluntary guidelines” when it comes to laws regarding seclusion and restraint of children with a disability. Thirty-six states have enacted protections to regulate schools’ use of seclusion and restraints.

The bill gained preliminary approval in the House on Tuesday.

Kayzy Bigler works with Families Together, a non-profit organization that assists parents and their children with disabilities. In an interview, she said that students have spent two hours in what schools call an “opportunity” room. Another Families Together staff member, Darla Nelson-Metzger, said calling it an opportunity or “calming” room does not make it any less secluding to a 6-year-old with disabilities.

Bigler said she has worked with families who have reported their children have been physically restrained or what Nelson-Metzger called “man handled.”

Preventative training could stop these types of incidents, they said. State Department of Education approved training programs could ensure that school employees are trained in the proper and safe use of seclusion rooms.

Bigler said training is most important because behavioral plans can be very effective. Training teachers to restrain children safely is a key factor, she said.

Kerrie Bacon, interim executive director for the Kansas Council on Developmental Disabilities, wrote in a letter that the Kansas Department of Education had determined the bill has no fiscal impact.

But Rep. Kelly Meigs questioned that, saying it would cost money to train teachers.

This story was originally published February 22, 2012 at 5:00 AM with the headline "House OKs bill governing use of restraints in schools."