Update: This letter was sent on November 27th, 2023. No responses were received as of December 22nd, 2023.
Board President Miller, Vice-President George, Vice-President Robinson, and members of the Board of Education,
My name is Guy Stephens. I am the founder and executive director of the Alliance Against Seclusion and Restraint (AASR). AASR is a national nonprofit and a community of over 25,000 parents, self-advocates, teachers, school administrators, paraprofessionals, attorneys, psychologists, therapists, social workers, and others working together to influence change in supporting children whose behaviors are often misunderstood. Our mission is to inform changes in policy and practice to reduce and eliminate the use of punitive discipline and outdated behavioral management approaches and end the school-to-prison pipeline. Our vision is safer schools for students, teachers, and staff.
According to Jordan School District policy, restraint and seclusion are emergency safety interventions that should only be used when a student’s behavior poses an imminent danger of serious physical harm to self or others. The phrase “imminent danger of serious physical harm” is critical as it is the criteria under which your policy states that restraint and seclusion might be considered. Imminent, serious, physical harm has the same meaning as serious bodily injury as used in the Individuals with Disabilities Education Act (IDEA) and federal law. It means bodily injury which involves:
- A substantial risk of death;
- Extreme physical pain;
- Protracted and obvious disfigurement; or
- Protracted loss or impairment of the function of a bodily member, organ, or mental faculty.
Based on feedback from Jordan School District community members, we believe restraint and seclusion may be misused in the district. To be clear, we don’t believe that seclusion is ever appropriate and would encourage you to end the practice. Putting a child in a room or area against their will and not allowing them to leave is never a proper intervention. Seclusion has no education or therapeutic value. We believe that the use of physical restraint should be exceeding rare and only utilized in potentially life-threatening situations, as your policy states. Hundreds of children have died nationwide due to the use of physical restraint in schools, residential facilities, and medical settings. The use of physical restraint is the use of potentially deadly force and should be avoided to the greatest extent possible. According to data reported to the United States Department of Education Office of Civil Rights, your district reported 359 instances of restraint and 359 instances of seclusion in the 2017 reporting cycle. This data is likely underreported.
The practices of restraint and seclusion disproportionately impact children with disabilities, Black and brown children, and boys. Most often, it is the youngest children that are secluded and restrained, many of these children as young as 5, 6, and 7 years old. One must accept that these young and often disabled children are exhibiting behaviors that are so dangerous that they could lead to death or serious bodily injury. Furthermore, the use of restraint and seclusion leads to significant trauma in students, teachers, and staff, and students have died being restrained. There are far better things we can do to address behaviors of concern.
We recently saw a photograph of a seclusion room from the Jordan School District. The space was designed to look like the TARDIS from the BBC Dr. Who television series. Not only is this a copyright violation, but it shows a deep and flawed understanding of the purpose and impact of a seclusion room. As your policy states, seclusion should only be used in a potentially life-threatening situation. Being forced into a seclusion room against your will is traumatizing. Many children develop post-traumatic stress disorder (PTSD) following the use of seclusion. Often, they develop a fear of small spaces such as elevators or closets. Imagine the damage being done by someone trying to be cute with the seclusion space.
When we know better, we need to do better, and there are far better ways to support students, teachers, and staff than restraint and seclusion. We encourage you to revise your restraint and seclusion policy and prohibit the use of seclusion. We encourage you to consider training that can be provided for teachers and staff in the district to eliminate seclusion and reduce the use of restraint. We have found that districts that eliminate seclusion and reduce the use of restraint have improved outcomes, including fewer injuries, less staff turnover, and increased staff satisfaction. It is time to take action. We would be happy to meet with you and others at Jordan School District to share our experience in supporting your work to address this critical issue. We look forward to your response.
Respectfully,
Guy Stephens
Founder and Executive Director
Alliance Against Seclusion and Restraint
