Special Education Subjects Reference--Seclusion and Physical Restraint

Controversy surrounds the use of seclusion and physical restraint in school-based programs, and use of these interventions carries a high degree of risk for being misunderstood. Both should be used only as a last resort in cases of danger to the student and/or others. In some specific situations, on an individual basis as determined by the student’s Individualized Education Program (IEP), the use of seclusion and/or physical restraint may be necessary and appropriate to maintain the student’s safety or that of others. The immediate goals of seclusion and physical restraint are to defuse the dangerous situation, protect the student and others from injury, and regain a safe, controlled, productive learning environment.

Addressing The Use of Seclusion and Physical Restraint in Schools: 2011 Wisconsin Act 125 Requirements (4/2012)

In order to provide direction to school districts, the Wisconsin Department of Public Instruction (WDPI) convened a task force in Summer 2004 to develop an initial draft of directives. During Fall 2004, the materials were reviewed by WDPI staff and additional input gathered. A working document was posted to the WDPI website in February 2005. At that time, feedback was invited. Comments were reviewed and revisions made. A document was then posted in September 2005. Department staff continually review the directives as issues are raised, and make minor edits. The most recent document was updated in August 2009.

The two documents linked immediately below are intended as general guidance for IEP teams when it is necessary (per the department’s Directives on the Appropriate Use of Seclusion and Physical Restraint in Special Education Programs) to include the use of seclusion and/or physical restraint in a student’s IEP. There are many variables to be considered in each situation and this information provides a format for discussion.

Working with WDPI, The Wisconsin Council of Administrators of Special Services (WCASS) developed a Power Point presentation based on the WDPI Directives. Also participating in this cooperative effort were SAA (the School Administrators Alliance), AWSA (the Association of Wisconsin School Administrators), WASDA (the Wisconsin Association of School District Administrators), and WEAC (the Wisconsin Education Association Council).

The Wisconsin Department of Health Services (DHS) and the Wisconsin Department of Children and Families (DCF) issued a joint memo on March 13, 2009 entitled Prohibited Practices in the Application of Emergency Safety Interventions with Children and Adolescents in Community Based Programs and Facilities. Prohibited practices include prone restraints as well as other techniques.

The Wisconsin Department of Public Instruction (DPI) supports the information contained in this memo, which is available at http://www.dhs.wisconsin.gov/rl_dsl/MentalHealth/bhcsmemo.pdf. Please review this memo if you have not already done so and be sure staff is familiar with its contents.

NASDSE Professional Development series

Some of you may remember we used to subscribe to the NASDSE Tele-Conference Series. After letting it lapse for a few years, we decided to re-enroll since this year’s series appears to be on timely subjects. The first conference in the series is “Seclusion and Restraint: The Impact of Federal and State Policy on the Classroom.” The online version of the conference is available at http://video.pattanpgh.net/mediasite/viewer/?peid=5dc81fc6-4223-4b47-aaf7-1c0d0d08d497. There are a number of handouts posted under the link for the conference to assist you when you are accessing the conference.

This information can be shared with your staff. The only restriction is that the information is not to be shared with anyone outside of our state, so please make your staff aware of this condition. We will announce the other three conferences throughout the year as additional information becomes available.

For questions about this information, contact Therese L. Dary (608) 266-1218

Last updated on 4/5/2012 11:52:33 AM