Congressman Paul D. Tonko
Remarks in support of H.R. 4247, Keeping All Students Safe Act
March 3, 2010
Thank you Mr. Chairman. I rise today in support of H.R. 4247, the Keeping All Students Safe Act. This bill is aimed at restricting some of the most abusive practices still employed in certain schools around the country – negligent restraint and abusive seclusion. Last spring, the Education & Labor Committee heard testimony from the Government Accountability Office, which investigated the use of these practices in school. What the GAO found was stunning – there were many instances of serious injury and abuse, and even some accounts of death. Even more troubling to me, as a strong supporter of disability rights and special education, was that many of the victims were students with intellectual disabilities.
This bill is meant to protect our most vulnerable students against the worst kinds of abuse. The committee heard about a four year old girl with cerebral palsy and autism who was restrained in a chair with leather straps for being “uncooperative” at school. The girl suffered bruises and was later diagnosed with post traumatic stress disorder. In another instance, five children aged six and seven were gagged and duct-taped for misbehaving in another school. At a school in my state of New York, a nine year old child with a learning disability was put in a “time out” room for hours on end for whistling, slouching and hand-waving. The child’s hands became blistered when he tried repeatedly to escape the room, described as smelling of urine. Finally, the committee heard the disturbing case of a fourteen year old boy who, because he did not stay seated in class, was restrained by his teacher. The 230 pound teacher put the boy face down on the floor and lay on top of him, restricting his breathing and ultimately suffocating him. At the time the committee heard this testimony, the teacher was still teaching in the suburbs of Washington, D.C.
This is the kind of restraint and seclusion we are saying cannot be used. We cannot allow this neglect and abuse of our nation’s children to continue another day. Please support this bill to keep our students and our schools safe. Thank you, Mr. Chairman, and I yield the balance of my time.