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71 U. Miami L. Rev. 859 (2016-2017)
Restraints, Seclusion, and the Disabled Student: The Blurred Lines between Safety and Physical Punishment

handle is hein.journals/umialr71 and id is 887 raw text is: 








                   COMMENTS


  Restraints, Seclusion, and the Disabled
    Student: The Blurred Lines Between
       Safety   and   Physical Punishment


                     LANETTE  SUAREZ

INTRODUCTION      ................................... ...... 860
I. RESTRAINTS, SECLUSION, CORPORAL PUNISHMENT, AND THE
    FAILURE OF THE EDUCATION SYSTEM....     ............. 864
    A. Disabled Children and the Individuals with Disabilities
      Education Act............       ................. 865
    B. History and Use ofRestraints, Seclusion, and Corporal
      Punishment in Schools  ...............  .....867
    C. Current Laws and Practices ..........   ...... 870
       1. DEPARTMENT OF EDUCATION GUIDELINES ........... 870
       2. LAWS AND PRACTICE: UNITED STATES AND
         INTERNATIONAL       .............................. 872
II. CHILDREN WITH DISABILITIES DISPROPORTIONALLY
    RESTRAINED AND SECLUDED ......................... 874
    A. The Disproportionate Use of Restraints and
      Seclusion     .............................  874
    B. The Lasting Effects: Anxiety, Fear, Depression, and
      PTSD................................. 876
    C. School-to-Prison Pipeline Mentality ..... ...... 878
III. CURRENT CASES AND EXAMPLES.   ..................... 881

   * J.D. Candidate 2017, University of Miami School of Law; B.A. 2012, Uni-
versity of Miami. I would like to thank Vice Dean Osamudia James and Professor
Kele Stewart for their guidance during the writing process. I would also like to
thank my mother, Sandra Franco, and sister, Vanessa Suarez, for always support-
ing my dreams; Rolan Martin, the love of my life, for his never-ending love, pa-
tience, and encouragement; and my best friends Annelise Del Rivero and Andrea
Sinner for ensuring that I always strive to be the best that I can be.


859

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