Preventing Harmful Restraint And Seclusion In Schools Act
Floor Speech
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Mr. KLINE of Minnesota. I rise today in opposition to H.R. 4247, and I yield myself such time as I may consume.
Let me begin by stating unequivocally that the incidents uncovered by the GAO are unacceptable. No child should be put in physical danger by the use of seclusion or restraints in school. The tragic stories just related by the chairman of Cedric and Paige are unacceptable everywhere.
In each of the cases reviewed by the GAO, there was a criminal conviction, a finding of civil or administrative liability, or a large financial settlement. In other words, everyone agrees that what happened is simply wrong. We do not need a change in Federal law for such behavior to be condemned. Sometimes the most powerful tool we have as elected officials is the bully pulpit, and Chairman Miller and Mrs. McMorris Rodgers have certainly availed themselves of it. They have worked hard to call national attention to the misuse of seclusion and restraints in our schools.
States clearly recognize the need to proactively limit the use of these disciplinary tools. Today, 31 States have policies and procedures in place to govern when and how seclusion or restraint techniques may or may not be used. Another 15 States will have such protections in place in the near future. Many, many independent school districts and school boards have such procedures in place.
The question today is: Who is best equipped to create and enforce those policies? To answer that question, I would point to a letter from the Council of the Great City Schools, which States, ``Every injury to a student in school is a matter of serious concern, but all such incidents are not necessarily matters of Federal law.'' In fact, until recently, the U.S. Department of Education was not even collecting data on the use of seclusion and restraint tactics in schools. The Department has no experience or expertise regulating in this area. Yet, H.R. 4247 would establish a new, one-size-fits-all Federal framework that overrules the work of these States.
I will include the letter from the Council of the Great City Schools in the Record, along with letters from the U.S. Conference of Catholic Bishops, the American Association of School Administrators, the Council for American Private Education, the American Association of Christian Schools, the Association of Christian Schools International, and the National Conference of State Legislatures.
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