This commentary is by Robyn Freedner-Maguire, a resident of Burlington.
Bill H.409 aims to address the use of restraints and seclusion in Vermont schools and has elevated an important conversation, but it fails to fully protect vulnerable students and therefore falls short on building an equitable educational system.
It is time for Vermont to take a bold step in protecting its students by passing a law that fully bans seclusion and restraint in schools. These abusive practices have been used far too often and have caused irreparable harm to countless students, particularly those with disabilities or people of the global majority.
They are holdover practices from a shameful time in our country’s history and defy the Vermont Agency of Education’s aim to provide all students with equitable access to education.
Seclusion and restraint involve isolating and confining a student in a room or physically holding them to prevent them from moving. These methods have been used as a form of control that date back to the dark times of slavery and the early development of mental health institutions where abuses are well documented.
Although as a society we have attempted to gloss over the roots of these practices by normalizing them with the use of euphemisms, guidelines and procedures, we cannot deny that it is white supremacist culture and ableism that allows for restraint and seclusion to continue to exist within our education system.
And in our attempt to move away from this truth, we fail to recognize the profound and lifetime impact that these violations have on a child. Research from multiple agencies has shown restraint and seclusion are not only ineffective, but they can cause severe physical and emotional trauma, increase a student’s risk of injury, exacerbate existing mental health conditions, and harm their sense of trust and safety in school.
The evidence is clear who is most harmed. We know these practices disproportionately affect students with disabilities and students of color. According to data from the U.S. Department of Education, students with disabilities are disproportionately subjected to seclusion and restraint in schools across the country.
In the 2017-18 school year, students with disabilities accounted for 71% of all incidents of seclusion and 66% of all incidents of restraint. Also, Black students represented 15% of the student population, but accounted for 31% of students subjected to restraint and 23% of students subjected to seclusion. This is a significant disparity and inequitable treatment of students.
It should be noted that Vermont’s Agency of Eductaion does not transparently publish the use of restraint and seclusion in schools. Among the over 30 types of reports issued on its website, it fails to share with parents, decision makers and community members what is happening in our schools.
However, it provides guidance and rules on how to commit these harmful practices, which only encourages and condones the use of physical or emotional force from untrained adults in positions of authority over children.
It is clear that seclusion and restraint have no place in our schools. Instead, Vermont should focus on providing evidence-based interventions and support for students who are struggling with behavior or mental health issues. There are many alternatives to seclusion and restraint, with the most promising being trauma-informed education, crisis prevention and intervention, and restorative justice practices.
By passing a law that fully bans seclusion and restraint, Vermont would take a crucial step toward creating a safe and supportive learning environment for all students. We will also take a bold step to eradicate white supremacist and ableist practices within our education system.
We need to send a message that we value our students’ well-being and are committed to promoting their success. It would also put Vermont at the forefront of a growing movement to end the use of seclusion and restraint in schools nationwide.
It is time for Vermont to stand up for its students and pass a law that fully bans seclusion and restraint in schools. We cannot afford to wait any longer.