{"id":24910,"date":"2019-02-12T12:01:21","date_gmt":"2019-02-12T18:01:21","guid":{"rendered":"http:\/\/update.legislature.ne.gov\/?p=24910"},"modified":"2019-02-12T12:50:25","modified_gmt":"2019-02-12T18:50:25","slug":"authorized-restraint-removal-of-students-considered","status":"publish","type":"post","link":"https:\/\/update.legislature.ne.gov\/?p=24910","title":{"rendered":"Authorized restraint, removal of students considered"},"content":{"rendered":"

The Education Committee heard testimony Feb. 11 on a bill that would give teachers legal protection for defending themselves and others against violent students.

\"Sen.
Sen. Mike Groene<\/figcaption><\/figure> <\/p>\n

LB147, introduced by North Platte Sen. Mike Groene, would authorize a teacher or administrator to \u201cuse the necessary physical contact or physical restraint\u201d to control a student who becomes physically violent toward himself or herself, a teacher, an administrator or another student. Physical contact or restraint also could be used to control a student who \u201cexhibits destructive behavior toward school property.\u201d<\/p>\n

A teacher or administrator would not be subject to legal action or administrative discipline if he or she was acting in a reasonable manner.<\/p>\n

The bill defines physical restraint as \u201cholding the hands, wrists or torso of a student to control the movements of such student and shall not include the use of any mechanical device or binding a student to any object.\u201d <\/p>\n

Groene said case law suggests that teachers may use physical contact short of corporal punishment to preserve order and control the classroom. However, many teachers fear that they could face legal action for physically restraining a child, he said. <\/p>\n

\u201cWe think that restraining a student by holding their hands, wrists or torso is a reasonable and sufficient way to handle a violent classroom situation,\u201d Groene said, \u201cand putting it into law protects those teachers for doing so.\u201d<\/p>\n

The bill also would authorize a teacher to have an administrator, administrator\u2019s designee or school resource officer remove a disruptive student from the classroom under certain circumstances. <\/p>\n

The principal could then suspend the student or place the student into another classroom or in-school suspension. The principal could not return the student to the teacher\u2019s class without the teacher\u2019s consent unless the return is required under the Special Education Act or Individuals with Disabilities Education Act.<\/p>\n

If the teacher does not consent to the student\u2019s return, the bill would require the teacher, the principal or the principal\u2019s designee, the student and the student\u2019s parent or legal guardian to meet within two days of the removal to determine the causes of the problem and to develop a plan to improve the student\u2019s behavior. The principal then could readmit the student to the teacher\u2019s class.<\/p>\n

Maddie Fennell, executive director of the Nebraska State Education Association, testified in support of the bill. She said it would clarify what teachers are allowed to do when students are in danger of harming themselves, others or school property. <\/p>\n

\u201cIt is prudent to give school personnel the authority to deal with disruptive students while also having protections in place to ensure that those resources are being used prudently or not disproportionately impacting groups of students,\u201d Fennell said.<\/p>\n

Kyle McGowan testified in opposition to LB147 on behalf of the Nebraska Council of School Administrators, the Nebraska Rural Community Schools Association and the Nebraska Association of School Boards. <\/p>\n

\u201cUltimately, none of our three organizations want to be on the side of needing more physical restraint,\u201d he said. \u201cWe feel that\u2019s the wrong part of the equation.\u201d<\/p>\n

McGowan said the bill would invert the current chain of command by allowing a teacher to decide on a student\u2019s removal from the classroom instead of an administrator, reducing a school\u2019s effectiveness.<\/p>\n

Also testifying in opposition to the bill was Katie Bevins, president of the Nebraska School Psychologists Association. She said removal from the classroom is contrary to evidence-based discipline strategies and can lead to further behavior problems and low rates of engagement for both students and teachers.<\/p>\n

\u201cUnrestricted removals from the class and unsafe practices will not solve the behavioral and mental health crises many of our students experience,\u201d Bevins said. <\/p>\n

Juliet Summers of Voices for Children in Nebraska also testified in opposition. She said the bill would disproportionately affect certain groups of students and give teachers \u201crelatively unchecked discretion\u201d for removing students from the classroom. <\/p>\n

\u201cEverything we know about disparate discipline suggests that LB147 would lead to more children with disabilities and more children of color removed unfairly from the learning environment without much recourse,\u201d Summers said.<\/p>\n

Brad Meurrens, public policy director for Disability Rights Nebraska, also testified in opposition, saying teachers and school staff already have the authority to act as LB147 prescribes. He said the bill could result in more student and staff injuries and contradicts many school districts\u2019 existing restraint and exclusion policies.<\/p>\n

\u201cIt could send a confusing signal to school personnel about what rules or protocol to follow,\u201d Meurrens said, \u201cand LB147 could persuade schools to dilute their existing restraint policies to match the legislation.\u201d<\/p>\n

The committee took no immediate action on the bill.<\/p>\n","protected":false},"excerpt":{"rendered":"

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