What Is Restraint And Restraint In Education

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Legalities and Ethics in the Use of Restraint and Seclusion in the Educational Setting

Using seclusion and restraint techniques to deal with students with severe behavioral issues has become a very polemic topic in the education world. It has been divided in two groups, those who believe that could be beneficial to students and those who believe that it takes away the rights and dignity of students. According to Scheuermann, Peterson, Ryan and Billingsley (2016) the Autism National Committee opposes these practices and deems them as “restricting the civil and human rights of people with disabilities.” On the other hand, the association for Behavior Analysis supports their use and claims that they could be therapeutic for children with challenging
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The Sec.37.0021 of the Texas Education Code addresses the use of confinement, restraint, seclusion and time out.
Under the same code in section 89-1053- procedures for the sue of restraint and time out, states that “restraint should be discontinued at the point at which the emergency no longer exists.” The section also recommends that each campus should have a team trained in the use of restrain and that such training must include prevention and de-escalation techniques. The Texas code has a specific section that states what should the training consist of as well of the procedures to use the techniques.

Real situations on the issue across Texas and the rest of the United States
However, even though such regulations exist, across the united states there have being various cases in which seclusion and restrain have become fatalities. Such cases involve the inappropriate use of these techniques. Paccione (2011) mentions that if only the school’s personnel involve in those situations had been train with “child communication skills and crisis de-escalation strategies” those events could have open door for teaching
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In their article Maag & Katsiyannis ( 2006) presents 3 cases in which the court did not find the school districts guilty of violating the state assault and battery laws. One of the cases, A 9-year-old with mental and physical disabilities was wrapped with a blanket, this technique was found to be reasonable body restraint because the teacher was trained and it was only used when student was violent. The second case involved the use of a tray chair, used for redirection and maintaining attention, which was found to be in accordance with IEP provision. These cases are a good example of what Restraint and seclusion should be, techniques to redirect and help the students, executed by trained staff that can be able to distinguish between helping and

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