Seven Underlying Conditions That Led to the Use of Seclusion and Resulted in Due Process Hearings
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| Title: | Seven Underlying Conditions That Led to the Use of Seclusion and Resulted in Due Process Hearings |
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| Language: | English |
| Authors: | Connolly, Jennifer F., Adamy, Peter H., Moore, Adam |
| Source: | Journal of Special Education Leadership. Sep 2019 32(2):86-102. |
| Availability: | Council of Administrators of Special Education. 1675 East Seminole Street Suite L1, Springfield, MO 65804. Tel: 417-427-7720; Fax: 417-427-6520; e-mail: office@casecec.org; Web site: https://www.casecec.org/journal |
| Peer Reviewed: | Y |
| Page Count: | 17 |
| Publication Date: | 2019 |
| Document Type: | Journal Articles Reports - Research |
| Education Level: | Elementary Secondary Education |
| Descriptors: | Discipline, Students with Disabilities, Behavior Problems, Student Behavior, Special Education, Legal Responsibility, Expertise, Symptoms (Individual Disorders), Behavior Modification, Attitudes toward Disabilities, Negative Attitudes, Social Isolation, Educational Legislation, Elementary Secondary Education, Federal Legislation, School Safety, Court Litigation |
| Laws, Policies and Program Identifiers: | Every Student Succeeds Act 2015, Elementary and Secondary Education Act |
| ISSN: | 1525-1810 |
| Abstract: | In the last several years there have been multiple stories regarding the use of seclusion in schools in national news outlets (Blacker, 2012; Charis-Carlson, 2017; Hefling, 2012; Lichtenstein, 2012; National School Boards Association (NSBA), 2014; Nicosia, 2016; Richards, 2012; St. George, 2014; Tilotta, 2014). The Council for Children with Behavioral Disorders (CCBD, 2009) defines seclusion as "the involuntary confinement of a student alone in a room or area from which the student is physically prevented from leaving" (p. 1). In the 2013-2014 school year, over 100,000 students were subject to seclusion or restraint, including 69,000 students with disabilities (Office for Civil Rights [OCR], 2016a). This article presents the findings of a grounded theory analysis of 28 due process hearing decisions containing narrative accounts of the use of seclusion of students with disabilities in schools. The analysis identifies seven underlying conditions that led to the use of seclusion within the hearings: (1) a loose legal boundary; (2) expert recommendation; (3) a special education setting; (4) manifestation of disability; (5) ineffective behavior management; (6) negative connotation of disability; and (7) the rationale for the seclusion event. The theory that emerged from this study is that ineffective special education practices, permitted by a loose legal boundary and abetted by expert recommendation, resulted in avoidable seclusion events and due process hearing complaints. Recommendations are provided for special education administrators in order to decrease the potential of due process hearings if and when seclusion is used as an emergency means for student and staff safety. |
| Abstractor: | ERIC |
| Entry Date: | 2020 |
| Access URL: | https://www.casecec.org/journal |
| Accession Number: | EJ1274886 |
| Database: | ERIC |
| Abstract: | In the last several years there have been multiple stories regarding the use of seclusion in schools in national news outlets (Blacker, 2012; Charis-Carlson, 2017; Hefling, 2012; Lichtenstein, 2012; National School Boards Association (NSBA), 2014; Nicosia, 2016; Richards, 2012; St. George, 2014; Tilotta, 2014). The Council for Children with Behavioral Disorders (CCBD, 2009) defines seclusion as "the involuntary confinement of a student alone in a room or area from which the student is physically prevented from leaving" (p. 1). In the 2013-2014 school year, over 100,000 students were subject to seclusion or restraint, including 69,000 students with disabilities (Office for Civil Rights [OCR], 2016a). This article presents the findings of a grounded theory analysis of 28 due process hearing decisions containing narrative accounts of the use of seclusion of students with disabilities in schools. The analysis identifies seven underlying conditions that led to the use of seclusion within the hearings: (1) a loose legal boundary; (2) expert recommendation; (3) a special education setting; (4) manifestation of disability; (5) ineffective behavior management; (6) negative connotation of disability; and (7) the rationale for the seclusion event. The theory that emerged from this study is that ineffective special education practices, permitted by a loose legal boundary and abetted by expert recommendation, resulted in avoidable seclusion events and due process hearing complaints. Recommendations are provided for special education administrators in order to decrease the potential of due process hearings if and when seclusion is used as an emergency means for student and staff safety. |
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| ISSN: | 1525-1810 |
