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Jackson MS April 21 2011 Students at Jackson Public Schools’ Capital City Alternative School, including some in special education, are being handcuffed for hours as punishment for such infractions as not wearing a belt and talking back, according to a civil rights organization.

In a letter sent Friday to school district officials, a copy of which was obtained by The Clarion-Ledger, the Southern Poverty Law Center urges JPS to abandon such alleged practices and adopt a stricter policy on use of restraints.

The allegations, involving five to 10 students, include that “JPS security guards have repeatedly placed students in restraints, attached the restraints to a pole in the school gymnasium, and left the children there without supervision for hours,” according to the letter.

Excessive restraint is not allowed, Superintendent Lonnie Edwards said.

The allegations are being investigated, he said. Edwards noted he received his copy of the center’s letter on Tuesday.

“We will certainly have more of an official position once we have completed the investigation,” he said.

JPS, like other school districts around the state, has a policy allowing limited restraint of students if they pose immediate danger to themselves or others.

Jackson’s policy generally mirrors samples provided by the state Department of Education. Prohibited are “excessive force, or cruel and unusual punishment, regarding student management and discipline.” First, the student should be told to stop any inappropriate behavior and be warned that he will be restrained if he doesn’t, according to the policy.

The center seeks a district response by Monday, according to the letter. The group also wants the Jackson School Board to revise its policy on student restraint “to condemn this behavior,” according to the letter.

The last request is for school security personnel to be trained in “safe and humane security practices by an expert in this area to be mutually agreed-upon by the Southern Poverty Law Center and JPS.”

Jody Owens, director of the SPLC’s Mississippi office, said the group hopes to work with JPS to resolve the issue.

“We think it’s a type of situation that if all parties are aware, then we should be able to reach a compromise and agree that this should have never happened,” Owens said.

The alleged incidents in JPS go back about six months and the students involved are as young as 12 or 13, he said.

A similar incident occurred in New Orleans about a year ago, he said. A subsequent lawsuit was settled in favor of the students, and a policy was passed “to ensure it would never happen again,” Owens said.

“When you have youth who suffer from mental health-related issues, there’s a proper way and an improper way to treat them and to discipline them when necessary,” he said.

The stigma of being handcuffed derails the students’ ability to achieve a positive outcome and experience, Owens said.

In general, limited use of restraints is allowed when done to protect students and those around them, said Josh Cunningham, research analyst for the National Conference of State Legislatures. Some related federal lawsuits have given more leeway to sue individuals who use restraints if they go beyond what a state policy allows and harm a child, he said. The school also can be held liable, Cunningham said.

There has been much interest in Congress on the use of restraints and seclusion in schools, said Russell Skiba, a professor of counseling and educational psychology at Indiana University.

“In two successive sessions, a bill was introduced in Congress to set strict limits on the use of restraints and seclusion,” Skiba said.

He didn’t have details about the local situation, but said if the allegations are true, handcuffing students goes against what are considered best practices for student discipline.

Source:ClarionLedger.com

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