Lawmakers hear report about use of restraint and seclusion tactics in New Mexico schools

SANTA FE, N.M. (KRQE) –  New Mexico schools sometimes deal with behavioral problems by physically restraining students or secluding them from others; but are these practices appropriate? Wednesday, a group created by the New Mexico Developmental Disability Council presented their concerns to lawmakers about the practice.

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“Attention to the use of restraint and seclusion has risen in the past 15 years. Allegations of abuse in school settings have increased from advocates and families, both in New Mexico and nationally,” said Marit Andrews, senior policy analyst for the Legislative Education Study Committee (LESC).

The question of whether it’s appropriate to seclude or restrain students has been a topic of debate in New Mexico for years. “Some school staff maintain that the use of restraint and seclusion is essential to keeping all students and staff safe,” Andrews said.

Meanwhile, the U.S. Department of Education reports there’s no evidence these tactics are effective. While there’s no federal law on the books, state lawmakers set up guidelines in 2017; and this week, lawmakers heard from a working group on how to make these practices better for students and staff.

That group is made up of educators, legal experts, and parents—some of whom shared personal experiences: “I insisted that staff let my child out of the room and when they did my son ran to hide behind me and started sobbing into my legs, pleading ‘mommy, we go, mommy, we go,'” said Amanda Owens, a Parent in the Restraint and Seclusion Working Group.

A major concern discussed is that these measures are disproportionately used on students with disabilities: “Most recent federal reporting on data reported that 80 percent of students subjected to physical restraint in public schools are special education,” says Michelle Tregembo, Special Education State Ombud for the New Mexico Developmental Disability Council, “77 percent of students subjected to seclusion are students with disabilities.”

Under the current state law, the group says de-escalation techniques must be used first, and the incidents must be documented and reported to the state and parents. However, the group found it’s hard to say whether the guidelines are being followed.

“New Mexico does not have data on restraint and seclusion in the public schools,” Tregembo said.

The groups recommendations include reducing the use of restraint and seclusion in schools; better oversight and reporting; and more training for teachers. The group is asking lawmakers to consider their findings while drafting legislation for the next session in January.

To read the full reports from the working group, click here .

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