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~~The truth behind the physical discipline Albuquerque schools say they don’t use~~	Revealed: New Mexico schools secretly restraining and secluding students
2019-10-09 06:26:18 UTC	2019-10-09 13:04:19 UTC (about 7 hours later)
When 10-year-old Urijah Salazar arrived home from school one afternoon last March, something was off. A special education student at Montezuma Elementary school in Albuquerque, Urijah often came home from school upset, but he seemed particularly rattled.	When 10-year-old Urijah Salazar arrived home from school one afternoon last March, something was off. A special education student at Montezuma Elementary school in Albuquerque, Urijah often came home from school upset, but he seemed particularly rattled.
His mother, Nadia McGilbert, drew a bath to help him relax and discovered his injuries: a deep, avocado-shaped bruise on his forearm and scratches, apparently from sharp fingernails, on both arms.	His mother, Nadia McGilbert, drew a bath to help him relax and discovered his injuries: a deep, avocado-shaped bruise on his forearm and scratches, apparently from sharp fingernails, on both arms.
“Oh my God,” she sputtered. “Is this what they did to you at school?”	“Oh my God,” she sputtered. “Is this what they did to you at school?”
Urijah nodded and said it hurt to breathe. At UNM Hospital’s emergency room, doctors confirmed her worst suspicions. According to their discharge notes, Urijah’s injuries were sustained when teachers placed him in a “team control position”: a technique in which two adults pull a child’s arms behind his or her torso and force the head downward.	Urijah nodded and said it hurt to breathe. At UNM Hospital’s emergency room, doctors confirmed her worst suspicions. According to their discharge notes, Urijah’s injuries were sustained when teachers placed him in a “team control position”: a technique in which two adults pull a child’s arms behind his or her torso and force the head downward.
“You couldn’t imagine the pain,” said Urijah. “Like, it feels like you’re being pulled apart.”	“You couldn’t imagine the pain,” said Urijah. “Like, it feels like you’re being pulled apart.”
Such instances of restraint and seclusion are supposed to be rare, but it was at least the 150th time Urijah had been placed in a hold by school teachers in less than four years, according to a Searchlight analysis of his education records.	Such instances of restraint and seclusion are supposed to be rare, but it was at least the 150th time Urijah had been placed in a hold by school teachers in less than four years, according to a Searchlight analysis of his education records.
‘Managing’ behavior	‘Managing’ behavior
Often referred to as “therapeutic holding” or “physical management,” restraint is a controversial and dangerous method of behavior management. In 2017, New Mexico joined 29 other states in passing a law setting tight limits on the use of restraint and seclusion, which allows its use only in extreme circumstances – when a child poses an immediate physical threat to themselves or others.	Often referred to as “therapeutic holding” or “physical management,” restraint is a controversial and dangerous method of behavior management. In 2017, New Mexico joined 29 other states in passing a law setting tight limits on the use of restraint and seclusion, which allows its use only in extreme circumstances – when a child poses an immediate physical threat to themselves or others.
The law put strict reporting requirements on schools, mandating that parents be immediately notified of any incident. But a 10-month investigation by Searchlight New Mexico has revealed that it’s still widely used to manage special education students, and parents are often left in the dark.	The law put strict reporting requirements on schools, mandating that parents be immediately notified of any incident. But a 10-month investigation by Searchlight New Mexico has revealed that it’s still widely used to manage special education students, and parents are often left in the dark.
In most cases, teachers only use restraint and seclusion when they feel a student’s behavior is so dangerous that there is no other alternative. But amid staff shortages, inadequate training, and a lack of clear guidance from Albuquerque Public Schools leadership, teachers sometimes use restraint and seclusion as a first response to moderate, non-threatening misbehavior, according to both education and legal records.	In most cases, teachers only use restraint and seclusion when they feel a student’s behavior is so dangerous that there is no other alternative. But amid staff shortages, inadequate training, and a lack of clear guidance from Albuquerque Public Schools leadership, teachers sometimes use restraint and seclusion as a first response to moderate, non-threatening misbehavior, according to both education and legal records.
Data from APS’s behavior management computer system indicates that there have been at least 4,600 cases of restraint since 2014, but six teachers interviewed by Searchlight say that number is certainly an undercount because many incidents are never entered into the system.	Data from APS’s behavior management computer system indicates that there have been at least 4,600 cases of restraint since 2014, but six teachers interviewed by Searchlight say that number is certainly an undercount because many incidents are never entered into the system.
Hundreds of deaths from restraint have been documented in schools, psychiatric facilities, residential homes and other settings across the country, according to reports by the Government Accountability Office, Harvard Center for Risk Analysis, National Center for Disability Rights and others.	Hundreds of deaths from restraint have been documented in schools, psychiatric facilities, residential homes and other settings across the country, according to reports by the Government Accountability Office, Harvard Center for Risk Analysis, National Center for Disability Rights and others.
In its reporting to the federal government, however, APS has consistently – and falsely – denied that it uses restraint at all.	In its reporting to the federal government, however, APS has consistently – and falsely – denied that it uses restraint at all.
Schools superintendent Raquel Reedy, associate superintendent for Special Education Lucinda Sánchez, Director of compliance Cindy Soo Hoo, and Lila Ramirez, who oversees APS’s behavior tracking system, all declined to comment for this story.	Schools superintendent Raquel Reedy, associate superintendent for Special Education Lucinda Sánchez, Director of compliance Cindy Soo Hoo, and Lila Ramirez, who oversees APS’s behavior tracking system, all declined to comment for this story.
Searchlight spoke with dozens of parents, as well as teachers, educational assistants, students and three attorneys. Searchlight also reviewed over 5,000 pages of educational and legal records, and filed multiple public records requests.	Searchlight spoke with dozens of parents, as well as teachers, educational assistants, students and three attorneys. Searchlight also reviewed over 5,000 pages of educational and legal records, and filed multiple public records requests.
Students with disabilities make up 71% of restraint and 66% of seclusion cases, national data shows. Disproportionately, they are African American, or – like Urijah Salazar – Native American. The NAACP, the Southern Poverty Law Center and 46 other legal and social justice organizations have all called for a federal ban on the practice in public schools.	Students with disabilities make up 71% of restraint and 66% of seclusion cases, national data shows. Disproportionately, they are African American, or – like Urijah Salazar – Native American. The NAACP, the Southern Poverty Law Center and 46 other legal and social justice organizations have all called for a federal ban on the practice in public schools.
Yet school superintendents and administrators who defend the restraint and seclusion of special education students say the techniques are necessary to manage behavior.	Yet school superintendents and administrators who defend the restraint and seclusion of special education students say the techniques are necessary to manage behavior.
“We believe the use of seclusion and restraint has enabled many students with serious emotional or behavioral conditions to be educated not only within our public schools, but also in the least restrictive and safest environments possible,” declared the American Association of School Administrators in a 2012 position paper, Keeping Schools Safe: How Seclusion and Restraint Protects Students and School Personnel.	“We believe the use of seclusion and restraint has enabled many students with serious emotional or behavioral conditions to be educated not only within our public schools, but also in the least restrictive and safest environments possible,” declared the American Association of School Administrators in a 2012 position paper, Keeping Schools Safe: How Seclusion and Restraint Protects Students and School Personnel.
Every one of APS’s 143 schools is supposed to have its own restraint team, according to numerous lawyers, teachers and parents. The “physical crisis team,” as it’s frequently called, consists of teachers and other staff who have received training from Crisis Prevention Institute, a private Milwaukee-based company.	Every one of APS’s 143 schools is supposed to have its own restraint team, according to numerous lawyers, teachers and parents. The “physical crisis team,” as it’s frequently called, consists of teachers and other staff who have received training from Crisis Prevention Institute, a private Milwaukee-based company.
Restrained and suspended	Restrained and suspended
Urijah’s first restraint by a school crisis team happened in October 2015 at Arroyo del Oso Elementary, two months into his first-grade year. Diagnosed with developmental delay, sensory processing disorder, receptive and expressive language disorder and emotional disturbance, he had been growing increasingly overwhelmed in class and tried repeatedly to flee school.	Urijah’s first restraint by a school crisis team happened in October 2015 at Arroyo del Oso Elementary, two months into his first-grade year. Diagnosed with developmental delay, sensory processing disorder, receptive and expressive language disorder and emotional disturbance, he had been growing increasingly overwhelmed in class and tried repeatedly to flee school.
Intercepted by staff, he began kicking and swinging his arms in protest – which is when, according to teachers notes, the school’s behavior management specialist placed the then-6-year-old in a restraint hold.	Intercepted by staff, he began kicking and swinging his arms in protest – which is when, according to teachers notes, the school’s behavior management specialist placed the then-6-year-old in a restraint hold.
Before the school year was up, he had been suspended four times and restrained at least seven more. In March, Arroyo del Oso’s principal informed his mother that the school could no longer handle her son.	Before the school year was up, he had been suspended four times and restrained at least seven more. In March, Arroyo del Oso’s principal informed his mother that the school could no longer handle her son.
APS transferred Urijah to Governor Bent Elementary school, where he was restrained by teachers on his first day of class, according to school records provided to Searchlight by his mother. Staff restrained him at least another 18 times in a little more than two months, before administrators informed McGilbert they would be transferring Urijah to Montezuma Elementary.	APS transferred Urijah to Governor Bent Elementary school, where he was restrained by teachers on his first day of class, according to school records provided to Searchlight by his mother. Staff restrained him at least another 18 times in a little more than two months, before administrators informed McGilbert they would be transferring Urijah to Montezuma Elementary.
Montezuma accounted for 80% of restraints of elementary school children during the 2015-2016 school year, according to a Searchlight analysis of district data. The same data shows that Highland High Autism Center, which serves students with autism from kindergarten to high school, restrained students more than all other Albuquerque high schools combined.	Montezuma accounted for 80% of restraints of elementary school children during the 2015-2016 school year, according to a Searchlight analysis of district data. The same data shows that Highland High Autism Center, which serves students with autism from kindergarten to high school, restrained students more than all other Albuquerque high schools combined.
Those numbers are based on data obtained by Pegasus Legal Services, a nonprofit Albuquerque children’s law firm. APS did not fulfill public records requests filed by Searchlight for more recent data.	Those numbers are based on data obtained by Pegasus Legal Services, a nonprofit Albuquerque children’s law firm. APS did not fulfill public records requests filed by Searchlight for more recent data.
By the end of Urijah’s first year at Montezuma, staff had restrained him more than 100 times. On many occasions, McGilbert said she received no notification from the school. Nor did staff hold a meeting with a parent, as required by state law, to craft a plan to avoid future restraints.	By the end of Urijah’s first year at Montezuma, staff had restrained him more than 100 times. On many occasions, McGilbert said she received no notification from the school. Nor did staff hold a meeting with a parent, as required by state law, to craft a plan to avoid future restraints.
“My stomach was in knots every morning,” said McGilbert. “I could barely walk to the car to drive him to school, because I didn’t know if he would get hurt in class again.”	“My stomach was in knots every morning,” said McGilbert. “I could barely walk to the car to drive him to school, because I didn’t know if he would get hurt in class again.”
‘We do not use this form of discipline’	‘We do not use this form of discipline’
In more than 50 interviews conducted for this story, parents echoed McGilbert’s frustration.	In more than 50 interviews conducted for this story, parents echoed McGilbert’s frustration.
Sarah Bateman-Twocrow, whose 8-year-old son Arnold was restrained “almost daily” at Montezuma and other schools, according to his individualized education plan, has tried for years to get comprehensive documentation from the district.	Sarah Bateman-Twocrow, whose 8-year-old son Arnold was restrained “almost daily” at Montezuma and other schools, according to his individualized education plan, has tried for years to get comprehensive documentation from the district.
Often, she said, Arnold would come home with bruising on his arms, unable to articulate what had caused them; on one occasion, she arrived at school to pick him up only to see him being pinned to the ground by three adults.	Often, she said, Arnold would come home with bruising on his arms, unable to articulate what had caused them; on one occasion, she arrived at school to pick him up only to see him being pinned to the ground by three adults.
“I was in shock,” Bateman-Twocrow recalled. “There are no words to describe the feeling of seeing your child being restrained by a group of grown men.”	“I was in shock,” Bateman-Twocrow recalled. “There are no words to describe the feeling of seeing your child being restrained by a group of grown men.”
In the course of this investigation, Searchlight worked with 22 parents, including Bateman-Twocrow, to request documentation of their children’s restraint and seclusion at 29 Albuquerque schools. APS did not fulfill any of those requests.	In the course of this investigation, Searchlight worked with 22 parents, including Bateman-Twocrow, to request documentation of their children’s restraint and seclusion at 29 Albuquerque schools. APS did not fulfill any of those requests.
APS also did not respond to Searchlight’s questions about the parents’ requests. Over the years, when pressed in court and in administrative hearings, district officials have maintained that collecting data on restraint and seclusion would be too labor intensive.	APS also did not respond to Searchlight’s questions about the parents’ requests. Over the years, when pressed in court and in administrative hearings, district officials have maintained that collecting data on restraint and seclusion would be too labor intensive.
APS is required to report every instance of restraint and seclusion to the US Department of Education’s Civil Rights Data Collection, or CRDC, division. But for the past 10 years, district leadership has claimed no incidents of restraint in any of APS’s schools, CRDC data shows. That same data claims that there have been only four cases of seclusion since 2009, only one of which involved a student with disabilities.	APS is required to report every instance of restraint and seclusion to the US Department of Education’s Civil Rights Data Collection, or CRDC, division. But for the past 10 years, district leadership has claimed no incidents of restraint in any of APS’s schools, CRDC data shows. That same data claims that there have been only four cases of seclusion since 2009, only one of which involved a student with disabilities.
Andy Gutierrez, senior director of APS Student Information Systems, confirmed that the district again claimed no instances for the 2017-2018 school year, the most recent year for which reporting was required.	Andy Gutierrez, senior director of APS Student Information Systems, confirmed that the district again claimed no instances for the 2017-2018 school year, the most recent year for which reporting was required.
“The Albuquerque Public Schools district … does not use this form of discipline disposition in our schools or programs and there is no discipline code for restraint or seclusion in our Student Information System (SIS),” Gutierrez wrote in an email to Searchlight in May.	“The Albuquerque Public Schools district … does not use this form of discipline disposition in our schools or programs and there is no discipline code for restraint or seclusion in our Student Information System (SIS),” Gutierrez wrote in an email to Searchlight in May.