THINKS VERY MUCH.
>> THANK YOU FOR HAVING ME.
>> IN MILWAUKEE THIS WEEK, THE
COUNTY BOARD APPROVED A .4%
SALES TAX TO SHORE UP ITS BUDGET
AND PREVENT DEEP CUTS TO
SERVICES, THIS FOLLOWS ONE
EARLIER IN THE CITY OF MILWAUKEE
THAT RAISES THE SALES TAX THERE
BY 2%.
IN EDUCATION NEWS, WIDESPREAD
RESTRAINT AND SECLUSION
PRACTICES IN SCHOOLS ARE
DISPROPORTIONATELY USED IN
ELEMENTARY GRADES AND ON
STUDENTS WITH DISABILITIES.
THAT'S ACCORDING TO A RECENT
REPORT FROM THE DEPARTMENT OF
PUBLIC INSTRUCTION, WHICH CALLED
THE RATES CONCERNINGLY HIGH WITH
SOME 5900 INCIDENTS OF SECLUSION
AND 6900 OF RESTRAINT.
A 2019 LAW REQUIRED D.P.I. TO
START COLLECTING DATA ON USE OF
THESE PRACTICES AND LIMIT THEIR
USE.
PHYSICAL RESTRAINT IS DEFINED AS
A RESTRICTION THAT IMMOBILIZES
OR REDUCES THE ABILITY OF A
STUDENT TO FREELY MOVE THEIR
TORSO, ARMS, LEGS, OR HEAD.
IT MAY ONLY BE USED WHEN A
STUDENT'S BEHAVIOR PRESENTS A
CLEAR, PRESENT, AND IMMINENT
RISK TO THE PHYSICAL SAFETY OF
THE STUDENT OR OTHERS.
SECLUSION MEANS THE INVOLUNTARY
CONFINEMENT OF A STUDENT APART
FROM OTHER STUDENTS IN A ROOM OR
AREA FROM WHICH THE STUDENT IS
PHYSICALLY PREVENTED FROM
LEAVING.
D.P.I. SAYS THE USE OF THESE
PRACTICES MUST BE A LAST RESORT.
FOR REACTION TO THE WIDESPREAD
USE OF THESE PRACTICES, WE SAT
DOWN WITH MADISON CIVIL RIGHTS
ATTORNEY, JEFF SPITZER-RESNICK.
HAVING BEEN A CHIEF ADVOCATE FOR
USING SECLUSION AND RESTRAINT IN
SCHOOLS, WHAT'S YOUR REACTION TO
THE LATEST REPORT THAT THERE ARE
THESE THOUSANDS OF INCIDENTS IN
THE 2021/2022 SCHOOL YEAR?
>> WELL, THERE'S A FEW
REACTIONS.
ING THE FIRST REACTION IS, WOW,
THAT'S A LOT OF KIDS WHO ARE
SUFFERING FROM, REALLY, AN
ABHORRENT BEHAVIOR ON ADULTS'
PART, BEING SECLUDED,
RESTRAINED.
I WOULD ASK ANY ADULT TO IMAGINE
THEMSELVES BEING HELD AGAINST
THEIR WILL AND BEING PUT INTO A
ROOM THAT WHERE NO ONE ELSE IS,
HOW THEY WOULD FEEL.
BUT SECOND, WHEN WE LOOK AT THE
NUMBERS, WE SEE THAT IT'S A HUGE
PERCENTAGE, ALMOST ALL OF THEM
ARE IN ELEMENTARY SCHOOL.
SO WE HAVE THESE YOUNG CHILDREN.
NOW, YOU MIGHT ASK ME WHY ARE
THEY YOUNG CHILDREN.
AS CHILDREN GROW OLDER, STAFF
JUST AREN'T GOING TO -- THEY'RE
JUST NOT GOING TO TRY THAT WITH
A BIGGER KID.
SO THIS POWER IMBALANCE IS
REALLY PROBLEMATIC.
IT'S LIKE WE CAN SO CALLED GET
AWAY WITH IT WITH YOUNG
CHILDREN.
LET'S ASSUME FOR THE MOMENT THAT
THE ONES THAT ARE REPORTING THAT
THEY HAVE FEW IF ANY KIDS WHO
THEY'RE SECLUDING AND
RESTRAINING, WHY AREN'T WE NOT
ONLY CELEBRATING THAT, BUT
D.P.I., FINDING OUT, WELL, HOW
ARE YOU DOING THAT?
CAN YOU HELP US TRAIN THESE
OTHER SCHOOLS THAT ARE
STRUGGLING?
CONVERSELY, IF YOU HAVE WHAT
I'LL CALL REPEAT PERFORMERS, AND
WE GENERALLY DO, IT'S USUALLY
NOT AN ABERRATION THAT A SCHOOL
DISTRICT HAS LOTS OF SECLUSION
AND RESTRAINT AND THEN NONE THE
NEXT YEAR.
THEY'RE GOING TO STAY THERE.
THEY MIGHT GO AND UP DOWN A
LITTLE BIT, BUT WHAT ARE WE
DOING TO CHANGE THAT?
IF YOU LOOK AT D.P.I.'S REPORT,
IT LISTS A FEW LINKS OF
RESOURCES.
SERIOUSLY?
IS THAT IT?
WE'VE GOT TO DO BETTER THAN
THAT.
>> SO YOU DESCRIBE ACCURATELY
HOW THE NUMBERS SUGGEST THAT AS
MANY AS 80% OF THE CHILDREN WHO
ARE RESTRAINED OR SECLUDED ARE
IN GRADE SCHOOL.
SAME HOLD TRUE FOR THE NUMBER OF
STUDENTS WHO ARE DISABLED.
>> RIGHT.
YOU KNOW, LOOK.
YOU'VE GOT TWO THINGS GOING ON
WITH CHILDREN WITH DISABILITIES.
ONE IS THEY'RE SIMPLY MORE
VULNERABLE, AND SO THEREFORE
THEY ARE MORE SUBJECT NOT ONLY
IN SCHOOL BUT OUTSIDE OF SCHOOL
TO BE ABUSED, SO THAT'S A
PROBLEM.
I CONSIDER THIS ABUSE, BY THE
WAY.
SECONDLY, ARE THERE SOME OF
THOSE CHILDREN THAT MAY HAVE
MORE CHALLENGING BEHAVIORS?
OF COURSE THERE ARE.
THAT'S WHY THEY'RE IN SPECIAL
EDUCATION.
THAT'S WHY WE HAVE PROGRAMS AND
FUNDING, PERHAPS INSUFFICIENT, I
WON'T EVEN SAY PERHAPS.
DEFINITELY INSUFFICIENT.
TO HELP THEM.
THEY SHOULDN'T BE ON THE BUTT
END OF TRAUMA, AND THAT'S WHAT
SECLUSION RESTRAINT WILL DO.
>> DO YOU THINK THERE IS ANY
PLACE IN THE SCHOOLS FOR
SECLUSION AND RESTRAINT?
>> SO WHAT THE LAW SAYS, AND
WHAT I BELIEVE IS TRUE IS IF
THERE'S AN IMMINENT RISK, AND
IMMINENT MEANS IMMINENT, LIKE
RIGHT NOW, OF SERIOUS BODILY
INJURY, AND I EMPHASIZE SERIOUS,
THEN YES, OF COURSE.
PEOPLE ASK WHEN WE WERE TRYING
TO GET THE BILL PASSED, WELL,
WOULDN'T YOU STOP A KID WHO WAS
RUNNING IN FRONT OF A CAR IN THE
STREET?
OF COURSE WE'D STOP THEM AND
RESTRAIN THEM, TEMPORARILY, FOR
A SHORT TIME.
YOU LET THEM GO AFTER THE CAR
GOES BY AND YOU REDIRECT THEM
AWAY.
>> CLEARLY YOU DON'T THINK THOSE
ARE THE ONLY TIMES THAT THIS IS
BEING USED.
>> OF COURSE NOT, WHICH ALSO
THEN BEGS THE QUESTION, IS
D.P.I. ACTUALLY EXAMINING, AND,
OF COURSE, THEY CAN'T EXAMINE --
BUT COULD THEY GO INTO THE TOP
OR BOTTOM, DEPENDING ON YOUR
U.V. INDEX THE THREE SCHOOL
DISTRICTS THAT ARE SHOWING THE
HIGHEST PROPENSITY OF SECLUSION
AND RESTRAINT AND ACTUALLY LOOK
AND SEE, ARE EVERY ONE OF THESE
STUDENTS WHO HAVE BEEN SECLUDED
AND RESTRAINED, HAVING DONE SO
WHEN THERE WAS AN IMMINENT RISK
OF HARM?
I'M A HUNDRED PERCENT SURE THEY
WILL FIND NOT.
THEN WHAT DO WE DO?
THE PROBLEM IS D.P.I. HAS
HISTORICALLY AND KNOW PRESENTLY
BEEN COMPLAINT RESPONSIVE.
SO, YES.
IF SOMEONE FILES A COMPLAINT, IF
A PARENT SAYS MY KID WAS
SECLUDED AND RESTRAINED AND
THERE WAS NO IMMINENT RISK OF
HARM, D.P.I. WILL LOOK INTO IT,
MAY ORDER A CORRECTIVE ACTION
PLAN IF THEY SUBSTANTIATE THAT.
BUT WITHOUT THAT COMPLAINT,
D.P.I. IS JUST GOING TO SAY,
HERE'S THE NUMBERS, HERE'S SOME
RESOURCES, AND IT'S JUST
INADEQUATE.
>> HOW DO THESE TECHNIQUES
POTENTIALLY HARM CHILDREN?
>> WELL, IT CAN BE VERY
TRAUMATIZING, RANGING FROM, YOU
KNOW, SHORT-TERM TRAUMA WHERE A
CHILD GOES HOME CRYING TO THEIR
MOTHER OR FATHER OR WHATEVER TO
WHAT CAN BE, ESPECIALLY IF IT'S
REPEATED -- YOU KNOW, I REMEMBER
WHEN WE HAD THE BILL PASSED,
THERE WAS A YOUNG MAN WHO
LITERALLY WAS PUT INTO A
PSYCHOTIC STATE AFTER REPEATEDLY
BEING SECLUDED AND RESTRAINED.
I MEAN, THAT'S AN EXTREME.
MANY OF THESE KIDS DON'T HAVE
VERY GOOD VERBAL SKILLS,
LANGUAGE SKILLS.
MAY HAVE NONE.
>> HOW DOES THE ENDURING
SHORTAGE OF SPECIAL EDUCATION
FUNDING PLAY INTO THE USE OF
SECLUSION AND RESTRAINT?
>> WE HAVE STAFF WITH INCREASING
CASELOADS.
SO WE'VE GOT, YOU KNOW, BOTH A
NUMBERS PROBLEM AND A TRAINING
PROBLEM, AND THAT CERTAINLY IS
PART OF WHY THESE NUMBERS --
HIGH NUMBERS OF SECLUSION AND
RESTRAINT PERSIST.
>> IN A STATEMENT RESPONDING TO
SPITZER-RESNICK'S COMMENTS,
D.P.I. COMMUNICATION DIRECTOR
ABIGAIL SWEAT SAID, QUOTE, WHILE
I TAKE ISSUE WITH THE
CHARACTERIZATION OF OUR RESPONSE
AS INADEQUATE, I WANT TO MAKE IT
VERY CLEAR THAT WE KNOW THAT
EACH OF THESE DATA POINTS
REPRESENTS THE REAL, LIVED
EXPERIENCE OF A CHILD AND THAT
WHILE THESE ARE STEPS TAKEN BY
STAFF TO PROTECT THE SAFETY OF
THE STUDENT THEMSELVES AND THE
SAFETY OF OTHERS, THEY ARE ALSO
TRAUMATIC EVENTS FOR THOSE VERY
STUDENTS AND REALLY ALL
INVOLVED.
SECLUSION AND RESTRAINT SHOULD
BE, IS, AND NEEDS TO CONTINUE TO
BE AN ABSOLUTE LAST RESORT.
>>> NEXT WEEK, WE'LL BE JOINED
BY EDUCATORS FROM D.P.I. ON THIS
TOPIC.
TO WATCH THE EXTENDED INTERVIEW
WITH SPITZER-RESNICK AND FOR
MORE ON THE ISSUES FACING
WISCONSIN, YOU CAN VISIT OUR
WEBSITE AT PBS WISCONSIN DOT-ORG
AND THEN CLICK ON THE NEWS TAB.