Rich La Belle, Executive Director

Family Network on Disabilities

                In the past, in talking about restraint, seclusion, and corporal punishment of kids with disabilities, I've said that our children aren't criminals and I've urged that they not be treated like they are when they're in school.  It's not easy, but I have to admit that I was wrong.  They're not criminals, but please, please, treat them like they are.  Why?  Because Florida law is very clear - you can't do to criminals what's being done to our kids. 

                Here's an example of what I'm talking about - section 916.1093, Florida Statutes, found conveniently in the "Criminal Procedure and Corrections" part of the law.  What does this require?  It's pretty clear.  It directs the State to draft rules on the use of restraint and seclusion in state facilities.  It states that the rules must address the following:

·         Recognized best practices in the use of restraint and seclusion

·         Prohibit inherently dangerous restraint or seclusion procedures

·         Establish limitations on the use and duration of restraint and seclusion

·         Establish safety procedures to insure the safety of staff and those being restrained/secluded

·         Establish procedures for staff to follow before, during, and after incidents of restraint or seclusion

·         Establish professional qualifications of, and training for, staff who may order or be engaged in restraint or seclusion

·         Provide data reporting and data collection procedures relating to the use of restraint and seclusion

·         Provide for the documentation of the use of restraint or seclusion in the facility's records

                I don't know about you, but these sound like pretty reasonable guidelines, designed to make sure that restraint and seclusion of those in state custody is safe, well documented, and only used by those who've been properly trained.  These requirements are very similar to the bills now pending in the Legislature and Congress for use of restraint and seclusion against kids in school, including kids with disabilities.   

                With those bills, however, we're told by some that it would a huge paperwork hassle, that it would only increase an unreasonable training burden on teachers and school staff, and that it would unduly restrict the options of educators to deal with unruly and/or dangerous students.  We're told, in sum, that pretty much none of the laundry list above should be applied to kids with disabilities in public school. 

                So, let me just make sure I've got this straight - it's good enough for criminals, but not for our kids?  Is it just me, or does this really make sense to somebody?  If it does, I would really appreciate it if you could explain it to me. 

                In the meantime, while I'm waiting for an explanation, just treat our kids like criminals.  I really think it's the least we could do.       

                Stop hitting our kids - NOW!