The U.S. Government Accounting Office (GAO) released a disturbing report today about deaths and injuries resulting from the use of physical restraints on children with disabilities in special education classrooms. Here’s the summary of Seclusions and Restraints:
GAO found no federal laws restricting the use of seclusion and restraints in public and private schools and widely divergent laws at the state level. Although GAO could not determine whether allegations were widespread, GAO did find hundreds of cases of alleged abuse and death related to the use of these methods on school children during the past two decades. Examples of these cases include a 7 year old purportedly dying after being held face down for hours by school staff, 5 year olds allegedly being tied to chairs with bungee cords and duct tape by their teacher and suffering broken arms and bloody noses, and a 13 year old reportedly hanging himself in a seclusion room after prolonged confinement. Although GAO continues to receive new allegations from parents and advocacy groups, GAO could not find a single Web site, federal agency, or other entity that collects information on the use of these methods or the extent of their alleged abuse. GAO also examined the details of 10 restraint and seclusion cases in which there was a criminal conviction, a finding of civil or administrative liability, or a large financial settlement. The cases share the following common themes: they involved children with disabilities who were restrained and secluded, often in cases where they were not physically aggressive and their parents did not give consent; restraints that block air to the lungs can be deadly; teachers and staff in the cases were often not trained on the use of seclusions and restraints; and teachers and staff from at least 5 of the 10 cases continue to be employed as educators.
You can download highlights (PDF) and the full report (62-page PDF). Kudos to GAO for also releasing this report as an accessible text.
Listen to Joseph Shapiro’s NPR story on restraints.
![shepard_fairey_hope_2008 Shepard Fairey’s “Barack Obama/Hope” image went viral during the 2008 election. Then controversy about the image’s source transformed it into the poster child for fair use in the public debate over copyright and free culture. Now FULAB takes “Hope” as its icon [Image source: Wikipedia]](http://fairuselab.net/wp-content/uploads/2009/03/shepard_fairey_hope_2008.jpg)
![danger_mouse_grey_album_cover_200 Promotional artwork for "The Grey Album" by Justin Hampton. This was not used for the actual cover, but appeared on the Danger Mouse website in 2004. [Source: Wikipedia]](http://fairuselab.net/wp-content/uploads/2009/03/danger_mouse_grey_album_cover_200.jpg)


![ada_signing_072690_ucp_2 President George H.W. Bush signs into law the Americans with Disabilities Act (ADA) on July 26, 1990 as Justin Dart looks on. [Source: ucp.org]](http://fairuselab.net/wp-content/uploads/2010/07/ada_signing_072690_ucp_2.jpg)