Restraint and seclusion bill on its way to governor’s desk

BOISE — House Bill 281, also known as the Restraint and Seclusion Bill, passed a final vote in the House of Representatives March 30. It passed the House 44-25.

Once the bill is signed into law, the use of corporal punishment or chemical restraint (giving sedating medications that a child doesn’t normally receive) will be illegal in any school setting. It would also limit the use of other restraints (such as physically restraining a child)) and seclusion in situations where a student or someone else in the room is in “imminent danger.”

The bill had been sent back for amendments earlier this month.

“It went through three revisions between the House committees and Senate to refine the language,” Marco Erickson, R-Idaho Falls, told EastIdahoNews.com.

There was also opposition from people who either misunderstood chemical restraint or “thought we weren’t giving schools mechanisms for maintaining behaviors in the classroom,” Erickson said.

“For a while, I thought I was going to be forced to bring it back next year right out of the gate. It was the. first bill I had a version ready on the first day of session and worked all the way until the last day,” he said.

The bill now goes to Gov. Brad Little for his signature. Erickson has requested a formal signing early next week.

Currently, schools can use restraint or seclusion tactics to manage classroom behavior. This is especially true in situations with special education students or those on individualized educational plans (IEPs). Schools often use seclusion rooms to calm down aggressive students. They may also physically restrain a child who is being aggressive or who teachers think may become aggressive.

Some districts, Erickson noted, have already prepared for such situations.

“There are some that do,” he said, “and we appreciate them.”

Madison School District 321 is one of those districts.

“We train staff in positive behavior supports, de-escalation techniques, and classroom behavior management,” Landon LeFevre, director of Special Services and Federal Programs in a statement to EastIdahoNews.com. “We also utilize functional behavior assessments, behavior plans and crisis plans for students who need extra support.”

If a child is restrained or secluded, LeFevre said, “It is always done for the safety of the student and staff.”

Other school districts across the state will need to act quickly, Erickson said.

“We put an emergency clause … so it’s supposed to start right away,” Erickson said. “We won’t be waiting till June or July.”

Erickson said schools that may be scrambling to become compliant wouldn’t have to figure things out on their own. The Department of Education will send guidance to schools around the state to help them implement the new law.

“We look forward to more guidance and training from the state,” LeFevre said.

Parents can still address concerns about their children in IEP meetings, Erickson said. “This will add a layer of protection.”

Erickson feels the bill will protect children for “generations.”

“We will never know the true impact of the amount of trauma we help prevent,” he said.

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