The 5 W’s of Seclusion

Who? Who can be secluded in New Jersey? New Jersey law, NJSA 18A:46-13.6 , only specifically applies to students with disabilities. The title of the section states “Use of seclusion techniques on students with disabilities.” Some believe that this is discriminatory and that only students with disabilities can be secluded.  Others note that these techniques are used on students without disabilities and merely aren’t reported. In July of 2018 the NJ Department of Education adopted federal guidance regarding seclusion which includes 15 guiding principles.  Principle 4 of the guidance states that the principles should apply to all students with or without disabilities. 

 

What? New Jersey law, NJSA 18A:46-13.4, defines seclusion as “the involuntary confinement of a student alone or area from which the student is physically prevented from leaving, but does not include time out.” As a practical matter seclusion can look like a child locked in a room or closet (with or without an adult present). It can include a child placed in a room where the door is blocked with mats. It can also include a child being surrounded with mats against a wall. 

 

When? New Jersey law, NJSA 18A:46-13.6(1) states that seclusion is “used on a student with disabilities only in an emergency in which the student is exhibiting behavior that places the student or others in immediate physical danger.” The USDOE guidance principle 3 further provides that the risk should be of  “imminent danger of serious physical harm” and “where other interventions are ineffective.” The reality is that these tactics are often used punitively, for compliance, or before all possible accommodations and interventions are attempted.   Like, one New Jersey first grader who was struggling in school one day.  He begged to call his mom and dad, but his teachers would not let him.  He got so upset that he began to throw papers which resulted in him being secluded by being surrounded by mats from which he desperately wanted to escape but wasn't able to.  

 

New Jersey law states that seclusion is only legal after other interventions were ineffective.  If this child was denied access to a phone call home, was it a legal use of seclusion?     

 

Where? Seclusion is used in private special education schools, educational services commissions and even public schools! Many parents don’t realize that some schools build padded rooms right in general education classrooms where students can hear children crying and screaming for help! Sometimes, students are surrounded by mats in their classrooms or hallways as their peers walk past.

Why?  Why should we try and stop seclusion? Seclusion is dangerous and traumatic. It is physically dangerous for kids and teachers. It is traumatic for kids and teachers. Children who experience seclusion shut down, regress and are more likely to have increased behaviors. Teachers and paraprofessionals experience trauma as well. It is a devastating experience to be isolated, trapped, and unable to escape.  Involuntary, forced seclusion is child abuse and has no place in our schools.