Preventing Harmful Restraint And Seclusion In Schools Act

Floor Speech

Preventing Harmful Restraint And Seclusion In Schools Act

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Ms. FOXX. Mr. Speaker, I thank my colleague for yielding time.

No one wants children to be in danger in this country, especially children who are in public institutions designed to serve them. Teachers, principals, and other school personnel have a responsibility to ensure the environment is maintained at all times. In many cases, it is vitally important, though, that teachers and classroom aides use interventions and supports that are both physically and emotionally safe for the child.

What the bill before us fails to recognize is that 31 States currently have laws and regulations in place that govern the use of seclusion and restraints in schools. An additional 11 have policies and guidelines in place, and in some cases school districts may also have their own guidelines governing the use of such practices in the classroom.

In addition, the Federal Government has no reliable data on the prevalent use of harmful seclusion and restraint techniques in public and private schools and whether they result in child abuse. It is my belief that State and local governments can identify student needs and determine the most appropriate regulations better and more efficiently than the Federal Government.

Our Founding Fathers knew what they were doing when they assembled the U.S. Constitution and the protections it guarantees, specifically the 10th amendment. The authors of this amendment, ratified in 1971, remembered what it was like to be under the thumb of a distant, all-powerful government and understood that a one-size-fits-all approach just doesn't work.

Since the U.S. Constitution was first ratified, the Federal Government has slowly, steadily, and insidiously eroded the notion of States' rights and our individual liberties. What we need to focus on, as the distinguished ranking member talked about earlier, is the strong punishment of those who do wrong, but not to create costs to the local units of government who must comply with Federal rules and regulations, and in addition giving the Federal Government authority it should not have.

This bill is not needed. The States and the localities can handle these situations. They will look after the children. They are the people closest to the children that they are serving. They will do it. If they don't do it, the community will be up in arms and will require them to do that.

I urge my colleagues to vote ``no'' on this legislation.

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