INDIANAPOLIS -- Senator Randy Head (R-Logansport), the author of a bill designed to protect Indiana children through the use of seclusion and restraints, said the data Call 6 Investigates uncovered is not what he wants to see.
Head authored Senate Enrolled Act 345, which was signed into law in May 2013 as a way to protect Indiana children, especially those with special needs, in schools.
“It was important because we had evidence from other states of terrible things happening, and in Indiana as well,” said Head. “Students being hurt, and in some instances dying, because they were secluded and restrained in the wrong manner. We just don’t want things like that to happen in Indiana.”
The law established the Commission on Seclusion and Restraint in Schools, and starting in 2015, required all schools to report the number of times a staff member uses seclusion or restraint on a child.
Call 6 Investigates obtained the 2015-2016 numbers and found some school districts misreporting the number of incidents, and many reporting zero incidents across the board.
“The results are not what we had in mind,” said Head. “We expected some bumps in the road, and that we would need to improve and get better. The data right now is inconsistent.”
Currently, there is no punishment in the law for school districts who fail to report seclusion and restraint accurately.
“I hope we can get compliance without imposing any sort of penalty,” said Head.
Head said more legislation is not the answer, at least, not for now.
“I think all options are on the table,” said Head. “I would think legislation would be a last resort.”
Head plans to work with the Commission on Seclusion and Restraint in Schools, which is looking into the schools that reported accurately and reminding districts of their duty to report the information.
“I’m encouraged because we know where the problems are now,” said Head. “The commission can go forward with an action plan to deal with this, to communicate with the schools, to make sure we are getting accurate and consistent reporting across the state of Indiana.”
Cameras are not required in seclusion rooms or classrooms, and some children with special needs are nonverbal, so the seclusion and restraint information is one of the few ways parents and child advocates can tell what’s going on.
Nicole Hicks’ son has autism and was restrained in school, and Hicks also serves on the commission.
Hicks is concerned school staff are calling school resource officers to restrain a child instead of doing it themselves.
“They’re restraining and that is not part of this data,” said Hicks to the commission at a September meeting. “Schools are saying ‘well, we can’t do it and then they’ll call the resource officer sitting at the corner’. Those numbers aren’t included here.”
Head said he is concerned about school resource officer incidents not being tracked.
“I’d be open to looking at that, but I wouldn’t want it collected with all the other data,” said Head. “I would want that to be reported separately because when a police officer gets involved it’s a different situation and different standards are going to apply.”
Head said when the law was passed in 2013, his fellow lawmakers were concerned that schools were being set up to be punished, and that’s why the law did not establish any penalties.
“We want to give schools as much flexibility as they need to use seclusion and restraint, but to do it safely when it has to be done,” said Head.
Parent Checklist
· Check your district’s numbers HERE
· Ask your school if they use seclusion or restraint
· When discussing your child’s IEP with the school, ask whether seclusion or restraint is included
· If your school doesn’t have seclusion rooms, ask if they call them something else? (Calming, sensory, etc.)
· Ask to see your school’s seclusion and restraint policy.
· Contact Indiana Disability Rights if you have concerns at 317-722-5555 or 1-800-622-4845
