Sunday, December 13, 2009

CO: Comparison - federal and Colorado’s limits on use of restraints and seclusion in schools

December 12, 9:47 PMDenver Special Education ExaminerJeff Konrade-Helm

Comparing the federal “Preventing Harmful Restraint and Seclusion in Schools Act (HR 4247)” to Colorado’s "Protection of Persons from Restraint Act" and its subsequent rules limiting and regulating similar practices; the two measures have more in common than differences.

Basically, each approach limits the use of such interventions to instances where the student is at “imminent” risk of harming him/herself, staff or other students, only for as long as absolutely necessary and they must cease their use immediately when it is clear the risk is no longer present.

Likewise, both the state and federal measures call for the use of such methods by properly trained and qualified personnel who receive continuing updated training (reflecting current best practices) on a periodic basis.

Where the two measures differ is in the use of the term “emergency,” but it is not a substantive difference with respect to overall intent. The Colorado rule uses “emergency” to describe the situation in which such restraint and/or seclusion can be used; whereas, the federal bill describes in nearly identical language the situations potentially warranting such interventions, it uses “emergency” to identify instances where such measures may be practiced in absence of properly trained, qualified staff.

This will surely be an area to be ironed out by the states should this or similar language end up in the final version.


:-j said...

Hi, I'm the author of this article and request that you only post a teaser or snippet of the article and provide a link so the article can be read on the host site. I don't get paid to write if they don't visit the host site and I can't afford to continue to do this for free.
With the entire article here, there is no reason for readers to visit my site. Thank you for your understanding and cooperation.
Jeff Kornade-Helm

tcfpbis said...

Dear Jeff:

Thank you for contacting us. We apologize for any inconvenience our publishing your article in full may have caused, and have edited the article as you requested, with a link to redirect readers to the host site.

Thank you also for writing these articles, so that the public can become more informed about what is going on with and in our education system. This was an excellent analysis and we look forward to reading (and linking to) more of your articles in the future!

To Our Readers:

Please click the link and support Jeff, so that he may continue to write such excellent articles!

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Jen Searcy
Founder/Director of Public Policy & Affairs

:-j said...

Thanks for the prompt reply and action. I, too, have updated the article with a link to your site as a resource for information on Positive Behavioral Interventions and Supports.
Thank you.