Eliminate Seclusion of Neurodivergent Individuals in Government Funded Schools, Centers, and other Institutions

 

To prevent the seclusion of neurodivergent individuals and the physical and psychological harm that often arises from

such practices.

 

The practice of seclusion is disproportionately used on neurodiverse individuals and is proven by state, federal, and

non-governmental studies to provide no long term benefits. This practice is proven to often cause psychological trauma

to the secluded individual, and is disproportionately used on people with disabilities or are part of one or more

marginalized groups. Seclusion is currently banned for grades 3 and under, with an unspecific clause for emergencies

that can be exploited. This bill would make the practice illegal against individuals of all ages except in acts where a

persons life or safety is threatened, and all such cases must be recorded and reported to the proper authorities, and

corroborated by at least two witnesses not directly involved along with sufficient evidence. The bill would also create

a committee of experts to oversee investigations and provide recommendations and guidance in any situations that arise

where the bill is violated.

 

Seclusion is defined as the forceful confinement of an individual alone in a space in which they are physically

prevented from leaving. This includes physical restraint by a person or object, as well as locking them in a room.

Neurodivergent is defined as anyone who has any mental disability diagnosis under the ADA

 

Funding will be required to get the word out, as well as to hire inspectors and a committee. Funding can be obtained

from the state budget, nonprofits, as well as an increased tax of 0.05% in the highest tax bracket if needed.

 

Failure to comply will result in the immediate suspension of all personnel involved in the seclusion, and payments to

the affected individual, consisting of 2000-8000 dollars per offense. Repeated infractions will result in loss of

funding to the offending center, and eventual closing of the establishment if change is not enacted. The severity of the

infractions and the punishment will be decided by the committee mentioned above

 

This bill will go into effect 8 months after passing to give the government time to form the committee and to hire

inspectors, as well as to give centers notice of the policy change.