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The Keeping All Students Safe Act refers to a pair of American legislative proposals introduced in the United States House of Representatives on April 6, 2011 as (H.R. 1381 ) and in the Senate on December 16, 2011 as (S.2020 ). The bills are designed to protect children from the abuse of restraint and seclusion in school. The first Congressional bill was introduced in the United States House of Representatives on December 9, 2007 and named the Preventing Harmful Restraint and Seclusion in Schools Act.〔(HR4247 ) Preventing Harmful Restraint and Seclusion in Schools Act, H.R. 4247, U.S. House of Representatives, Dec. 9, 2009. Retrieved March 11, 2012, 2012.〕 The primary sponsors of the two bills are Senator Tom Harkin (D-IA), Chair of the Senate Health, Education, Labor, and Pensions Committee, Congressman George Miller (D-CA), Ranking Member of the House Education and Workforce Committee, and Congressman Gregg Harper (R-MS). ==Background & Legislative History== Restraint involves immobilizing an individual and preventing him or her from moving his or her arms, legs, body, or head freely. Seclusion involves the involuntary confinement of an individual in a room or area from which the individual is physically prevented from leaving, whether the room is locked or the door is blocked by furniture.〔(S.2020 ) Keeping All Students Safe Act, sec. 2, S.2020, U.S. Senate, Dec. 16, 2011. Retrieved March 11, 2012, 2012.〕 In 2009, the United States Government Accountability Office (GAO) undertook a nationwide study of the use of restraint and seclusion in schools and its effects.〔( U.S. GAO Report ) United States Government Accountability Office, “Seclusions and Restraints, Selected Cases of Death and Abuse at Public and Private Schools and Treatment Centers,” May 19, 2009. Retrieved March 11, 2012, 2012.〕 The GAO found "hundreds of cases of alleged abuse and death related to the use of these methods on schoolchildren during the past two decades."〔(Journal Sentinel ), “Senate OKs Bill Limiting Teachers In Restraint, Seclusion Of Students,” Journal Sentinel, Jan. 24, 2012. Retrieved March 11, 2012, 2012〕 Most of the incidents involved children with disabilities who are enrolled in special education, the GAO reported.〔 The GAO documented 20 deaths of children from restraint. The GAO also reported about restraints that resulted in broken arms, and kindergartners who were tied to chairs with duct tape and who suffered bloody noses.〔 One teenager hanged himself in a seclusion room, while a teacher sat outside the room. Before the final episode, he was confined 19 times in a concrete 8 foot by 8 foot room for an average of 94 minutes each time. His parents were never informed.〔(Atlanta Journal Constitution ), Alan Judd, “Death Highlights Lack of Regulation at Psycho-educational Schools,” Atlanta Journal Constitution, July 27, 2009. Retrieved March 11, 2012, 2012〕 The GAO found that a New York child was placed alone in a seclusion room 75 times in 6 months for whistling and slouching.〔(USA Today ), Greg Toppo, "Disabled Kids Restrained, Confined," USA Today, May 19, 2009. Retrieved March 11, 2012, 2012〕 The National Disability Rights Network and the Council of Parents Attorneys and Advocates also documented the nationwide use of restraint and seclusion in 2009.〔(U.S. News & World Report ) Jessica Calefati, “Students Suffer Abusive Restraint, GAO Says,” U.S. News & World Report, July 7, 2009. Retrieved March 11, 2012, 2012.〕 NDRN documented the use of restraint and seclusion in 2/3 of states in 2009.〔( NDRN Report ) School is Not Supposed to Hurt, NDRN, January, 2009. Retrieved March 11, 2012, 2012〕 On May 19, 2009, the House Education and Labor Committee held hearings about the use of restraint and seclusion, chaired by Congressman George Miller.〔( U.S. House of Representatives Hearings ) U.S. Congress, Hearing Before the House Committee on Education and Labor, Examining the Abusive and Deadly Use of Seclusion and Restraint in Schools, 111th Congress, May 19, 2009. Retrieved March 11, 2012, 2012.〕 One witness testified that her 14-year-old son was killed when restrained by his 230 pound teacher, who smothered him by lying on top of him in a restraint during a disagreement about lunch.〔( CNN Restraints ) Congress Hears Accounts Of Abused Special-Needs Students, CNN, May 19, 2009. Retrieved March 11, 2012, 2012〕 Another witness testified that her 7 year old daughter was bruised when she was restrained face down for playing with her tooth, but the parent was never informed by the school. She also testified that her child was later restrained again, and received a severe abrasion, but she was not informed of the restraint. She testified that other children were denied access to food, water, and the bathroom while isolated in seclusion confinement rooms.〔 The GAO presented testimony about its report and findings about restraint and seclusion, and the risk of death and injury.〔 The GAO also reported that restraint and seclusion have been used to control minor student misbehaviors such as speaking out of turn or refusing to remain in one’s chair.〔 Another hearing witness testified that restraint may be needed in emergencies. He noted that sometimes educators need to use restraint in emergency situations, where there is a risk that a child will injure himself or others and nothing else will work to prevent the immediate danger. Teachers may use restraint and seclusion appropriately in those circumstances, the witness testified.〔(National Public Radio ) Joseph Shapiro, “Report: Discipline Methods Endanger Disabled Kids,” National Public Radio, May 19, 2009. Retrieved March 11, 2012, 2012.〕 An Illinois State Board of Education representative presented data from Illinois showing that implementing school-wide positive behavioral supports reduced the use of restraint and seclusion significantly.〔 The United States House of Representatives reported that children, most often children with disabilities, are subjected to seclusion and restraint at much higher rates than adults, and are at greater risk of injury as a result of these practices. The House further reported that children under the age of 12 are restrained or secluded at higher rates than any other age group. The House of Representatives also reported that, “the use of restraint and seclusion often exacerbates the behaviors that staff are trying to eliminate.”〔( House Report 111-417 ), U.S. House of Representatives, Committee on Education & Labor, House Report 111-417, Preventing Harmful Restraint and Seclusion in Schools, Feb. 23, 2010. Retrieved March 11, 2012, 2012〕 Because there is no federal law, state restraint and seclusion laws control.〔(CNN Report ) Abbie Boudreau & Steve Turnham, “GAO report: Special-Needs Kids Abused In Schools,” CNN, May 18, 2009. Retrieved March 11, 2012, 2012.〕 A 2012 report by Jessica Butler for the Autism National Committee summarized state seclusion and restraint laws and policies. It reported that only 14 states limited the use of restraint to emergencies involving threats of physical injury. Only 11 either banned all forms of seclusion or restricted it to emergency threats of physical harm. There are 27 states that have no requirement to notify parents when a child is restrained or secluded and only 12 states that require same day or next day notification.〔( How Safe Is the Schoolhouse? ) Jessica Butler, “How Safe Is The Schoolhouse? A Summary and Analysis of State Restraint and Seclusion Laws and Policies,” January 20, 2012. Retrieved March 11, 2012, 2012.〕 As there is no national clearinghouse that gathers data on the use of the techniques, the exact number of children subjected to restraint and seclusion in school is unknown.〔 The GAO found that only five states kept records. In two of them, Texas and California, there were over 33,000 cases in 2007-08. Many of the children had cognitive disabilities, autism, mental health disabilities, attention deficit disorder and other disabilities.〔 Professor Reece Peterson testified at the House Education and Labor hearing about the need for federal law requiring data collection nationwide.〔 On December 9, 2009, six months after the House hearing, the first national restraint and seclusion bill was introduced by Congressman George Miller. It was cosponsored by Congresswoman Cathy McMorris Rodgers. A companion bill was introduced in the Senate by Senator Chris Dodd.〔(Disability Scoop ), Michelle Diament, “Lawmakers Unveil Restraint And Seclusion Bill,” Disability Scoop, December 9, 2009. Retrieved March 11, 2012, 2012〕 The 2009 House bill was numbered H.R. 4247 and entitled “Preventing Harmful Restraint and Seclusion in Schools Act.”〔(4247: HR4247 ), H.R. 4247, Preventing Harmful Restraint and Seclusion in Schools Act, December 9, 2009. Retrieved March 11, 2012, 2012〕 The Senate bill was numbered S. 2860 and had the same title.〔(S.2860 ), S. 2860, Preventing Harmful Restraint and Seclusion in Schools Act, December 9, 2009. Retrieved March 11, 2012, 2012〕 On March 3, 2010, the House of Representatives passed H.R. 4247 (now renamed the Keeping All Students Safe Act). The vote was 262-153, with 238 Democrats and 24 Republicans voting in favor.〔( NY Times ), Benedict Carey, “House Votes to Protect Pupils Against Abusive Discipline,” New York Times, March 3, 2010. Retrieved March 11, 2012, 2012〕 The bill did not pass the Senate.〔 A revised Senate bill, S.3895, was introduced on September 29, 2010, and cosponsored by Senator Dodd and Senator Burr. It did not pass the Senate.〔( S.3895 ), S. 3895, Keeping All Students Safe Act, Sept. 29, 2010. Retrieved March 11, 2012, 2012〕 Because passage by both houses of Congress is required for the President to consider a bill in America, both bills died at the end of the 111th Congress in December 2010. Restraint and seclusion bills were introduced again in the 112th Congress in 2011. On April 6, 2011, Congressman George Miller (D-CA), Ranking Member of the House Education and Workforce Committee, reintroduced the Keeping All Students Safe Act, cosponsored by Congressman Greg Harper (R-MS).〔( H.R.1381 ), H.R. 1381, Keeping All Students Safe Act, April 6, 2011. Retrieved March 11, 2012, 2012〕 On December 16, 2011, the second anniversary of Congressman Miller’s first bill, Senator Tom Harkin, Chairman of the Senate Health Education Labor and Pensions Committee, introduced a slightly different version of the Keeping All Students Safe Act, S. 2020.〔 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Keeping All Students Safe Act」の詳細全文を読む スポンサード リンク
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