Overview
The United States understands the need for an educated citizenry. It is for this reason that the nation has invested heavily in its education system. In an effort to ensure that the education system delivers on its mandate, the nation has adopted a number of measures. One of these measures concerns the policies that prohibit restraining and isolating students (Nicosia, 2016). In such states as Washington, there are legal provisions that forbid teachers and other stakeholders in the education system from restraining or isolating students (Walker, 2015). This paper examines the restraint and isolation policy in schools across the United States. The paper begins by providing the transcript of an interview held by a school principal and offers an analysis of the decisions that the principal made. Insights regarding restraint and isolation policy gained through research are also provided.
Interview transcript
Attorney for the school: Sir, please state your name for the record.
Principal: I am Ian MacFarlane.
Attorney for the school: Please confirm that you are the principal of Greenwoods High School.
Principal: Yes. I have served as the school’s principal for three years now.
Attorney for the school: Kindly describe the events that occurred at the school on 25th February 2017 as it relates to the matter that we are here to discuss.
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Principal: Well, there was this kid. I do not understand what his problem was. He came running through the school gate with a machete in his hand. He was shouting “Go back to your country.”
Attorney for the school: Is it possible for you to provide a context for his actions?
Principal: Of course. You see, white students have for years formed a huge proportion of the school’s student population. Recently, we have opened our doors to minorities in an effort to make the student population more representative and diverse. I think that the student did not like the new school policy.
Attorney for the school: Could you please state how the school responded to the student’s behavior?
Principal: Our guard tackled him and the teacher on duty that day, Mr. Walton, had him isolated and held in the school gym. I do not understand why the kid’s parents are even pressing charges. Thanks to our actions, we prevented what could easily have turned into a tragedy.
Attorney for the school: Do not worry sir. As far as the law that governs the restraining of students is concerned, what the school did was perfectly in order.
Principal: That’s a relief.
Attorney for the school: That’s it for today. Our office will call you should we need you to supply us with more information.
Legal research of existing law
As is clear from the transcript above, the case involves a school that restrained one of its students. There is an elaborate legal framework that serves as a guide for schools that find themselves in similar situations. As it has already been mentioned, such states as Washington have enacted laws that make it illegal for a school to restrain or isolate any of its students without sufficient ground (“Current and New Limitations”, n.d). It is important to note that the law in Washington identifies certain exceptional instances where the provisions are not applied strictly. For example, a school is permitted to restrain or isolate a student when the student poses a threat to the safety of others. The case in the interview provided above can serve as an example. The school was well within the law when it decided to isolate the student. This student was clearly a threat to the safety of his colleagues. In addition to identifying the exceptional scenarios to which the requirement forbidding restraining and isolating students does not apply, the Washington law also stipulates the measures that schools should institute as part of follow-up (Walker, 2015). The laws in this state also offer clear definitions for the terms “restrain” and “isolate”. These definitions are intended to ensure clarity. For instance, the voluntary use of a private space by a student does not constitute “isolation”.
It is true that the restraint and isolation policies in schools are aimed at ensuring that a student and their colleagues do not suffer harm. Apart from this function, these laws are also meant to protect students from harm inflicted by parties acting for the school (Walker, 2015). The law makes it clear that when restraining or isolating a student, great care should be taken to ensure that no further harm is caused. The state governments are not the only parties that have developed policies that govern the restraint and isolation of students. The federal government has also added its voice to this issue. Among other things, the legal provisions that the federal government has developed require that schools should not spare any effort in eliminating the need for restraint and seclusion and forbid the use of restraint and isolation to take away a student’s freedom of movement (U.S Department of Education, 2012). The federal laws also forbid the selective and discriminatory application of restraint and isolation. For example, a school is not permitted to focus its restraint and isolation policy on students with disabilities. Overall, the US has a well developed set of laws that should guide schools in the use of restraint and policy.
Assessment
The discussion on the legal provisions provided above allow for an assessment of the decisions made by the principal and the school to be conducted. It is important to begin by making it clear that the school did not violate the law. The actions that the school took are provided for in the law. As already mentioned, the law permits schools to restrain and isolate a student who poses a threat to the safety of others. It is quite clear that the student created an unsafe situation. Without the intervention of the school, it is possible that greater harm could have resulted. This would have exposed the school to greater legal liability. In the transcript, the principal describes how the student was brought down. He mentions that the guard tackled the student. The manner in which the student was restrained raises questions regarding the legality of the guard’s decision. Does the law allow a school to use force when restraining or isolating a student? Federal legislation that answers this question appears to be lacking. However, state laws can provide insight. Such states as Texas have provisions that permit schools to use “reasonable force” (“When Do I Restrain”, n.d). It can be argued that the force used to restrain the student in the case described earlier was necessary, justified and reasonable. Overall, the decisions taken by the school were timely and appropriate. Thanks to these decisions, harm was averted.
Relevant documents
The following are some of the documents that relate to the case described earlier (links to the documents are provided in the reference section):
Changes to the use of restraint and isolation in Washington
Current and new limitations and requirements relating to the use of restraint or isolation in Washington State public schools
Restraint and Seclusion: Resource Document.
In conclusion, the question of the use of restraint and isolation in schools is a controversial one. On one hand, schools need to ensure that students are not harmed. On the other hand, schools have an obligation to protect those who pose a harm to others. To make this question clearer, US states and the federal government have developed laws. Among other things, these laws define the terms isolate and restrain and identify the exceptional cases. Clarity is still lacking on the use of restraint and isolation and for this reason, there is need for clearer guidelines to be provided.
References
Current and New Limitations and Requirements Relating to the Use of Restraint or Isolation in
Washington State Public Schools. (n.d). Retrieved 8th March 2017 from
http://oeo.wa.gov/education-issues-topics/restraint-and-isolation-aversive-interventions/
Nicosia, M. (2016). The Future of Restraint and Seclusion in Schools. Retrieved 8th March
2017 from https://www.theatlantic.com/education/archive/2016/01/the-future-of-restraint-and-seclusion-in-schools/426735/
U.S Department of Education. (2012). Restraint and Seclusion: Resource Document. Retrieved
8th March 2017 from https://www2.ed.gov/policy/seclusion/restraints-and-seclusion-resources.pdf
Walker, K. (2015). Changes to the Use of Restraint and Isolation in Washington. Retrieved
8th March 2017 from http://www.k12.wa.us/SpecialEd/pubdocs/OSPI_SHB_1240_Presentation.pdf
When Do I Restrain a Student? (n.d). Retrieved 8th March 2017 from
https://ueatexas.com/when-do-i-restrain-a-student/
