LEG NEWS: U.S. House Bill - H.R. 4247 on changing restraint and seclusion policy in U.S. schools passes House Committee

Thursday, February 4, 2010, the U.S. House Committee on Education and Labor passed by a bipartisan vote of 34 to 10,
H.R. 4247: The Preventing Harmful Restraint and Seclusion in Schools Act -
"To prevent and reduce the use of physical restraint and seclusion in schools, and for other purposes".

This bill, which would regulate the use of restraint, seclusion and other practices in all U.S. public schools, has been the subject of considerable public attention since its introduction on December 9, 2009.

The impetus for H.R. 4247's introduction by Representatives George Miller, 7th-D, CA & Cathy McMorris Rodgers, 5th-D. WA, was a May 19, 2009 hearing before the House Committee on Education and Labor examining the abusive and deadly use of seclusion and restraint in schools, in addition to an investigative report by the GAO, and the report: School is Not Supposed to Hurt: Investigative Report on Abusive Restraint and Seclusion in Schools by the National Disability Rights Network.

A related bill is S.2860 (Dodd) "A bill to protect students from inappropriate seclusion and physical restraint, and for other purposes"

The next step for H.R. 4247 is the floor of the U.S. House of Representatives.


For further reading

H.R. 4247 at Thomas.gov

Seclusions and Restraints: Selected Cases of Death and Abuse at Public and Private Schools and Treatment Centers.  GAO-09-719T, May 19, 2009


School is Not Supposed to Hurt: Investigative Report on Abusive Restraint and Seclusion in Schools
National Disability Rights Network, January 2009

Bipartisan Legislation to Prevent Abuse in Schools Clears House Committee
February 4, 2010 12:30 PM

MYTH VS. FACT: Preventing Harmful Restraint and Seclusion in the Schools Act
By Kittredge, Betsy Miller on February 3, 2010 11:05 AM
EdLabor Journal. Committee on Education & Labor
 
H.R. 4247 - Preventing Harmful Restraint and Seclusion in Schools Act
U.S. House Committee on Education & Labor
Full Committee Markup 11:00 AM, February 4, 2010 2175 Rayburn H.O.B
Washington, DC

News of the Day: The Story Behind The Bill
By Kruger, Mike on February 4, 2010 10:30 AM |
School Restraint, Seclusion Bill Clears House Committee
By Michelle Diament, Disability Scoop
February 4, 2010

Past Blog Posts
All past blog posts on the topic and introduction of H.R. 4247 & S.2860

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Website: Practitioner Issues in Behavior Analysis SIG

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Views and news expressed in this blog or by the PIBA SIG are those of the SIG or SIG members and do not represent official policy of ABA International or other official body. For official policy of the Association of Behavior Analysis International, the reader is directed to their website, http://www.abainternational.org

NEWS: U.S. Senate passes HR3590: Patient Protection and Affordable Care Act

HR 3590: Patient Protection and Affordable Care Act passed in the U.S. Senate early December 24, 2009 with a 60-39 vote split along party lines.





The bill will now go to a House-Senate conference committee to reconcile HR 3590 and the House-passed bill, HR 3962: Affordable Health Care for America Act, the bill passed in the U.S. House on November 7, 2009. It is anticipated that informal discussions will commence during the holidays prior to the reconvening of the House on January 12, and the Senate on January 19, with an eye to reaching a compromise that can pass both houses of the U.S. Congress and be favorable to President Barack Obama's signature prior to the annual State of the Union address.

For further reading and past blogposts:

Senate approves health care reform bill
CNN
By Alan Silverleib, CNN
December 24, 2009 1:01 p.m. EST

Senate Says Yes To Landmark Health Bill
National Public Radio
by Scott Hensley
December 24, 2009

Next Step: Getting A Health Bill To Obama's Desk
National Public Radio
by Kevin Whitelaw
December 24, 2009

Newsmaker: Obama on Health Reform Politics, Copenhagen Climate Outcome
NEWSMAKER INTERVIEW    AIR DATE: Dec. 23, 2009
PBS Newshour
also mp3 and transcript

Monday, December 21, 2009
Practitioner Issues in Behavior Analysis SIG Blog
NEWS: U.S. Senate health care bill HR 3590 passes crucial hurdle; passage in Senate expected by December 25

Tuesday, December 15, 2009
Practitioner Issues in Behavior Analysis SIG Blog
NEWS: CLASS Act stays in health care reform, and estimate of the Congressional health care reform legislative calendar

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Website: Practitioner Issues in Behavior Analysis SIG

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Views and news expressed in this blog or by the PIBA SIG are those of the SIG or SIG members and do not represent official policy of ABA International or other official body. For official policy of the Association of Behavior Analysis International, the reader is directed to their website, http://www.abainternational.org

NEWS: U.S. Senate health care bill HR 3590 passes crucial hurdle; passage in Senate expected by December 25

The Los Angeles Times reports  that a cloture motion was passed in the U.S. Senate Monday morning at 1 AM EST, allowing HR3590: Patient Protection and Affordable Care Act  to proceed towards expected approval in that chamber this week. The Senate is in recess until 12:00 PM EST Monday/today.

It is also reported that, dependent on HR 3590 passing in the Senate, a conference committee will convene early in 2010 to reconcile the differences between the House [HR 3962]  and Senate [HR 3590]  versions of health care reform legislation.

Politico blog reports that votes on HR 3950 are scheduled for 1 a.m. Monday 12/21 (time past) The second is to be 1 p.m. Wednesday 12/23, and the final one will be at 7 p.m. Thursday 12/24/09, although given the moment by moment developments in health care reform deliberation, these may be subject to change.

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For further reading & Past Blog Posts
Health Bill May Pass Senate By Christmas
NPR Morning Edition
Audio Will be available at 9:00am ET

Senate Democrats get 60 votes to move healthcare bill along
By Janet Hook and Noam N. Levey
December 21, 2009
Los Angeles Times

GOP leader vows to stay to February
By MIKE ALLEN | 12/21/09 3:52 AM EST
Politico

Senate votes to give green light to health care bill
December 21, 2009 4:18 a.m. EST
CNN

Tuesday, December 15, 2009
NEWS: CLASS Act stays in health care reform, and estimate of the Congressional health care reform legislative calendar

Tuesday, December 1, 2009
ACTION OPPORTUNITY: Online petition requests behavior analysis be included in health care reform

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Website: Practitioner Issues in Behavior Analysis SIG
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Views and news expressed in this blog or by the PIBA SIG are those of the SIG or SIG members and do not represent official policy of ABA International or other official body.
For official policy of the Association of Behavior Analysis International, the reader is directed to their website, http://www.abainternational.org

S. 2860 bill on restraint and seclusion joins HR 4247 & Wrightslaw sums up this legislation

Wrightslaw has put together an info page on the recently submitted Federal bills on restraint and seclusion in schools,
H.R.4247 (Miller, McMorris Rodgers + 7 co-sponsors)  and now S. 2860 (Dodd).

Preventing Harmful Restraint and Seclusion in Schools Act (H.R. 4247)

• Preventing Harmful Restraint and Seclusion in Schools Act: What Does it Mean for Children with Disabilities?
• IEPs, BIPs, and Educational Plans
• National Reports on Restraint and Seclusion 

 The text of this legislation is now available at Thomas.gov, and both bills have been assigned to Committees

House bill,
H.R.4247 : To prevent and reduce the use of physical restraint and seclusion in schools, and for other purposes.
Sponsor: Rep Miller, George [CA-7] (introduced 12/9/2009)      Cosponsors (7)
Committees: House Education and Labor
Latest Major Action: 12/9/2009 Referred to House committee. Status: Referred to the House Committee on Education and Labor.

Senate bill,
S.2860 : A bill to protect students from inappropriate seclusion and physical restraint, and for other purposes.
Sponsor: Sen Dodd, Christopher J. [CT] (introduced 12/9/2009)      Cosponsors (None)
Committees: Senate Health, Education, Labor, and Pensions
Latest Major Action: 12/9/2009 Referred to Senate committee. Status: Read twice and referred to the Committee on Health, Education, Labor, and Pensions.

There is a great deal of public support and attention by advocates to this legislation, which has received widespread visibility due to issued reports and the Congressional public hearing of the past year. It is anticipated that both bills will be given attention early in 2010.

Previous blogposts

Wednesday, December 9, 2009
NEWS: H.R. 4247 - The Preventing Harmful Restraint and Seclusion in Schools Act

Tuesday, December 8, 2009
NEWS: December 9 Introduction of Federal Bill on School Restraint and Seclusion

Tuesday, June 2, 2009
NEWS: Comments by Education Secretary Arne Duncan on the use of restraint & seclusion in public schools 

Tuesday, May 19, 2009
NEWSFLASH: GAO Report and House Committee hearing on Seclusion and Restraint in Public and Private Schools 

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Website: Practitioner Issues in Behavior Analysis SIG

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Views and news expressed in this blog or by the PIBA SIG are those of the SIG or SIG members and do not represent official policy of ABA International or other official body. For official policy of the Association of Behavior Analysis International, the reader is directed to their website, http://www.abainternational.org

NEWS: CLASS Act stays in health care reform, and estimate of the Congressional health care reform legislative calendar

Easter Seals sent out a notice today announcing that the Community Living Assistance Services and Supports (CLASS) Act has been retained in the current U.S. Senate health reform bill [HR3590: Patient Protection and Affordable Care Act] ,

and gave an estimate of where the health reform calendar might be going in the next month or so,

"Looking Ahead to 2010

The Senate will continue to debate various details of its health care legislation through the next two weeks. After a final vote, a House and Senate committee will then work out any differences between their bills

House:
HR3962: Affordable Health Care for America Act
Senate:
HR3590: Patient Protection and Affordable Care Act

and the committee bill will return for floor votes in both chambers.

A final agreement could be sent to the President as early as January 2010."

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Website: Practitioner Issues in Behavior Analysis SIG
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Views and news expressed in this blog or by the PIBA SIG are those of the SIG or SIG members and do not represent official policy of ABA International or other official body.
For official policy of the Association of Behavior Analysis International, the reader is directed to their website, http://www.abainternational.org

NEWS: Autism Speaks Launches TV Ad Campaign Calling on Congress to End Insurance Discrimination Against Children with Autism

Autism Speaks, the nation's largest autism science and advocacy organization, launches a new national television advertising campaign calling on Congress to put an end to private insurers' blatant discrimination against children with autism.

New York, NY (PRWEB) July 8, 2009 -- Autism Speaks, the nation's largest autism science and advocacy organization, today launched a new national television advertising campaign highlighting private insurers' blatant discrimination against children with autism and calling on Congress to put an end to it as part of the broader health care reform effort. The thirty-second ad, "Neighbors," will air nationally on CNN, CNBC, and MSNBC.

"Neighbors" depicts two young boys who are next door neighbors - one, whose insurance has given him access to autism therapies is shown playing with other kids; the other, who has been deprived of access to therapies, sits alone on his lawn, socially isolated. The TV spot ends with a call to action, urging the American public to call United States Senate Majority Leader Harry Reid (D-NV) and House Speaker Nancy Pelosi (D-CA) to tell them that any national health care reform plan that does not include autism insurance reform is unacceptable.

Short of finding a cure for autism, there is nothing that can have a more significant impact on the lives of people with autism and those who love them than putting an end to insurance discrimination

Fourteen states have already acted to amend insurance laws and require insurers to cover medically-necessary, evidence-based autism therapies. In the other 36 states, insurers explicitly exclude coverage of these behavioral therapies from policies, which places a significant financial burden on families seeking to provide their children with necessary services. Applied behavior analysis therapy (ABA), recognized as an effective, evidence-based treatment for children with autism, costs upward of $50,000 a year - a cost well beyond the means of most American families. A federal law would supersede state laws and require all insurers to cover ABA.

"Short of finding a cure for autism, there is nothing that can have a more significant impact on the lives of people with autism and those who love them than putting an end to insurance discrimination," said Bob Wright, co-founder of Autism Speaks. "During the presidential campaign, President Obama committed to ending autism insurance discrimination, and the pending comprehensive health reform legislation is clearly the way for that promise to be fulfilled. Now is the time to finally right this terrible wrong."

To learn more about Autism Votes, an initiative of Autism Speaks focussed on federal and state legislative advocacy, please visit Autism Votes.

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Practitioner Issues in Behavior Analysis SIG
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Views and news expressed in this blog or by the PIBA SIG are those of the SIG or individual SIG member authors and do not represent official policy of ABA International or other official body. For official policy of the Association of Behavior Analysis International, the reader is directed
to their website,

NEWS: Reports that US House Passes Expansion of Autism Treatment Coverage For Military Dependents Under TRICARE

News stories are coming out saying that the U.S. House of Representatives has approved expansion of mandated autism treatment coverage under TRICARE for military dependents with autism, via an amendment to U.S. HR 2647: To authorize appropriations for fiscal year 2010 for military activities of the Department of Defense, to prescribe military personnel strengths for fiscal year 2010, and for other purposes.

We are seeking information on whether or how much the specific language of the amendment to H.R. 2647 replicates the provisions specified in the previously submitted HR 1600: To amend title 10, United States Code, to provide for the treatment of autism under TRICARE. (Introduced in House -Rep. Stesak + 20 Co-sponsors).

The proposal still needs approval by the U.S. Senate.

The story reported from 6/25/09 Newsblaze [with links added]
House Passes Congressman Sestak`s Historic Autism Legislation

" Today, the House voted to pass legislation authored by Congressman Joe Sestak (PA-07) to mandate the treatment of autistic children of service personnel under the military's healthcare program (TRICARE). The legislation, which was included as an amendment to the National Defense Authorization Act [H.R. 2647: To authorize appropriations for fiscal year 2010 for military activities of the Department of Defense, to prescribe military personnel strengths for fiscal year 2010, and for other purposes. ] , is the successful culmination of a two year effort led by Congressman Sestak to provide treatment for the 13,000 autistic children of military personnel and will serve as a model for similar federal and state efforts.

"With this bill's passage, we have supported the critical needs of many military families and addressed the growing epidemic of autism among children of both military and civilian families. It is unacceptable that 1 in 84 military families are reported to have a child with autism, but receive less than 16 of the 25 minimum recommended hours of therapy," said Congressman Sestak, a member of the House Armed Services Committee and the highest ranking Veteran in Congress.

Under current law, the military's Extended Care Health Option provides limited coverage to military families afflicted by autism. Only five percent of eligible military children receive care because of excessive delays- as long as two year waiting periods- and arbitrary coverage denials..."

FULL ARTICLE describes current coverage and the improvements from Rep. Sestak's amendment.
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Other articles:

House Bill Mandates Autism Coverage For Military
By Michelle Diament
Disability Scoop
June 26, 2009

Congressman Sestak Includes Key Provisions in National Defense Authorization Act
June 20,2009
NewsBlaze

Monday, June 8, 2009 Blogpost
NEWS: Federal S. 1169 joins H.R. 1600 to provide for the treatment of autism under TRICARE

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Practitioner Issues in Behavior Analysis SIG
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Views and news expressed in this blog or by the PIBA SIG are those of the SIG or individual SIG member authors and do not represent official policy of ABA International or other official body. For official policy of the Association of Behavior Analysis International, the reader is directed
to their website,

NEWS: Federal S. 1169 joins H.R. 1600 to provide for the treatment of autism under TRICARE

On June 3, 2009 S. 1169 was introduced by Senator Kirsten E. Gillibrand (NY), as the Senate-side companion resolution to the previously introduced H.R. 1600. Both bills would "amend title 10, United States Code, to provide for the treatment of autism under TRICARE.".

Senator Gillibrand talking about her Autism Plan and S. 1169

Sections of particular interest to Behavior Analysts (identical language in H.R. 1600 and S. 1169),

"...`(3) The Secretary may not consider the use of applied behavior analysis or other structured behavior programs under this section to be special education for purposes of section 1079(a)(9) of this title.
`(4) In carrying out this subsection, the Secretary shall ensure that--
`(A) a person who is authorized to provide applied behavior analysis or other structured behavior programs is licensed or certified by a State, the Behavior Analyst Certification Board, or other accredited national certification board; and
`(B) if applied behavior analysis or other structured behavior program is provided by an employee or contractor of a person authorized to provide such treatment, the employee or contractor shall meet minimum qualifications, training, and supervision requirements consistent with business best practices in the field of behavior analysis and autism services.
`(5) In this section:
`(A) The term `autism spectrum disorders' includes autistic disorder, Asperger's syndrome, and any of the pervasive developmental disorders as defined by the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders.
`(B) The term `habilitative and rehabilitative care' includes--
`(i) professional counseling;
`(ii) guidance service;
`(iii) treatment programs, including not more than 40 hours per week of applied behavior analysis; and
`(iv) other structured behavior programs that a health care professional determines necessary to develop, improve, maintain, or restore the functions of the beneficiary..."

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Full text, tracking and other commentary on S.1169 and H.R. 1600

• More information and advocacy tips from Autism Votes:
  Uniformed Services With Autism (USA) Heroes Act (H.R. 1600)
• Blog posts on the resolutions at the Blog,
  Jacob Woodard: A Military Child Living With PDD-NOS
• April 21, 2009 Letter from Frank R. Wolf (R-10th VA) on why he is co-sponsoring H.R. 1600
  
  
• H.R. 1600 To amend title 10, United States Code, to provide for the treatment of autism under TRICARE. (Introduced in House) 3/18/2009. Thomas.gov
  
• Summary and tracking feed on H.R. 1600 from OpenCongress.org
  
  
• S.1169 To amend title 10, United States Code, to provide for the treatment of autism under TRICARE. (Introduced in Senate) 6/3/2009. Thomas.gov
• Summary and tracking feed on S. 1169 from OpenCongress.org

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Practitioner Issues in Behavior Analysis SIG
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Views and news expressed in this blog or by the PIBA SIG are those of the SIG and SIG members and do not represent official policy of ABA International or other official body. For official policy of the Association of Behavior Analysis International, the reader is directed to their website,

NEWS: Federal H.R. 2688: Empowered at Home Act would assist home and community-based services for disabilities

On June 3, 2009, H.R. 2688, the Empowered at Home Act of 2009, was introduced in the U.S. House and has been sent to the House Committee on Energy and Commerce (Chairman: Rep. Henry Waxman).

Federal News Long Term Services and Supports

"Representatives Frank Pallone [Jr.] (D-NJ) and Diana DeGette (D-CO) introduced the Empowered at Home Act [of 2009], H.R 2688. This bill would remove barriers to providing home and community-based services (HCBS) under the Medicaid State plan amendment option for individuals in need by
1) increasing the federal medical assistance percentage (FMAP);
2) revising the income eligibility to up to 300% of the Supplemental Security Income (SSI) benefit rate; and
3) giving states the option to provide HCBS waiver services to prevent, delay, or decrease the likelihood of institutionalized care."

From the Capitol Insider, Volume 14, Issue 22, June 8, 2009
Disability Collaboration: A Partnership of The Arc & United Cerebral Palsy
To sign up for the Capitol Insider

Open Congress tracking on HR 2688


Other blog posts on HR 2688,

HR2688, To amend title XIX of the Social Security Act to improve ...
HR 2688 would amend title XIX of the Social Security Act to improve the State plan amendment option for providing home and community-based services under the Medicaid Program....

Source: Washingtonwatch.com

Did you find this article useful? Your opinion counts - together, we're finding the very best news and blog coverage about Congress available on the web.

June 02, 2009 H.R. 2688: To amend title XIX of the Social Security Act to ...
A bill inthe US Congress: To amend title XIX of the Social Security Act to improve the State plan amendment option for providing home and community-based services under the Medicaid Program, and for other purposes.

Source: Active Legislation -- Tracked by GovTrack.us

Did you find this article useful? Your opinion counts - together, we're finding the very best news and blog coverage about Congress available on the web.

Other resources:

• The Clearinghouse for Home and Community Based Services
• Technical Summary of Medicaid Program General Information
• Title XIX of the Social Security Act

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Practitioner Issues in Behavior Analysis SIG
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Views and news expressed in this blog or by the PIBA SIG are those of the SIG and SIG members and do not represent official policy of ABA International or other official body. For official policy of the Association of Behavior Analysis International, the reader is directed to their website,

NEWS: Federal H.R. 2531 Mental Health in the Schools Act of 2009 introduced

Story from the Bazelon Center, with links added.

See the previous post on this bill and The Judge David L. Bazelon Center for Mental Health Law, aka, the Bazelon Center

Mental Health in the Schools Act

Representative Grace Napolitano (D-CA) and Tim Murphy (R-PA) [on May 20, 2009] re-introduced the Mental Health in the Schools Act of 2009 (H.R. 2531) to expand school-based mental health services for children in K-12. The two co-chairs of the Congressional Mental Health Caucus, in their “Dear Colleague” letter on the bill, highlighted how the bill would expand essential services.
It:

• Revises, increases funding for, and expands the scope of the Safe Schools-Healthy Students program to provide access to more comprehensive school-based mental health services and supports;
• Authorizes competitive grants to local school districts to assist them in implementing effective mental health programs for students (K-12), administered by state licensed or certified mental health professionals
• Provides for comprehensive, culturally and linguistically appropriate, staff development for school and community service personnel working in the school to identify and support students in need of immediate mental health care and those at-risk for behavioral mental health disorders, allowing teachers to concentrate on teaching;
• Promotes positive mental health education and support for parents, siblings, and other family members of children with mental health disorders, as well as concerned members of the community;
• Requires schools to thoroughly document measures of outcome and demonstrate the actions they are taking to continue sustaining the program independently of grant funds.

Most recently, on May 7, Reps. Napolitano and Murphy shared remarks on the bill, alongside actress Goldie Hawn, at a legislative briefing on school mental health services sponsored by the Bazelon Center, NAMI, Mental Health America and the National Federation of Families for Children’s Mental Health (see http://www.bazelon. org/issues/ children/ positive_ behavioral_ support.htm).
The bill has been referred to the House Energy and Commerce Committee.
For more information visit: http://www.bazelon.org

Fair Use Policy
"Please feel free to forward our alerts as long as you credit the Bazelon Center with a link to our website: http://www.bazelon.org "

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Practitioner Issues in Behavior Analysis SIG
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Views and news expressed in this blog or by the PIBA SIG are those of the SIG and SIG members and do not represent official policy of ABA International or other official body. For official policy of the Association of Behavior Analysis International, the reader is directed to their website,

NEWS: Federal bill HR 2597: Positive Behavior for Safe and Effective Schools Act of 2009 introduced

From the June 1, 2009 edition of the Association of University Centers on Disabilities (AUCD)

Legislative News in Brief:,with annotation and links added.

Positive Behavior Supports

Rep. Phil Hare [on 5/21/09] introduced the
Positive Behavior for Safe and Effective Schools Act of 2009 (H.R. 2597).

The bill makes modest amendments to the Elementary and Secondary Education Act to foster the use of school wide positive behavior supports (SWPBS) in schools across the country. It also supports training of teachers, provides for technical assistance, research and related school reform activities that help improve the overall school environment.

Additionally, the legislation would establish a new office within the Department of Education that would help coordinate and administer activities assisting specialized instructional support personnel who provide a critical role in the link between social and academic outcomes for students. AUCD signed onto a coalition letter to Rep. Hare in support of the bill. It is hoped that the issue of improper use of restraints and seclusion in schools brought to light in a recent hearing and through a GAO report, will provide the impetus to help move this bill quickly.

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Website: Practitioner Issues in Behavior Analysis SIG
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Views and news expressed in this blog or by the PIBA SIG are those of the SIG and SIG members and do not represent official policy of ABA International or other official body. For official policy of the Association of Behavior Analysis International, the reader is directed to their website, http://www.abainternational.org

ACTION Federal: The Autism Treatment Acceleration Act(s) of 2009

Recently, Autismvotes put out a shout out for action on the U.S. Senate and House versions of the Autism Treatment Acceleration Acts of 2009 (See below for status of the Resolutions and the text), and this is a reminder to any interested that to progress this Congressional session, these (and any other bills of interest) need phone calls, emails, and, if it can be done, visits to state delegations either in D.C., or in the district offices. Both resolutions allow expansion of ERISA, allow for evidenced treatments for autism, including behavior analytic, and support grants and pilot programs for coordination and expansion of transition and adult services.

Some "how to kits" for advocacy, which can be used for any policy issue or legislative matter:

Legistlative Advocacy Handbook from the ABA-I Governmental Affairs Committee

Legistlative Advocacy PowerPoint from the ABA-I Governmental Affairs Committee

And a resource not produced by ABA-I, but another good general guide to advocating at the Federal level,
A Psychologists Guide to Participation in Federal Advocacy Process; Abridged version.
The original text for this guide was written by Barbara J. Calkins and revised by the APA Public Policy Office in 1995.
[This is a pretty general run-down on the legislative process and how to advocate, so much of the information can be applicable to anyone and not just Psychologists]

About the Resolutions, from thomas.gov

[111st] S.819 : A bill to provide for enhanced treatment, support, services, and research for individuals with autism spectrum disorders and their families.
Sponsor: Sen Durbin, Richard [IL] (introduced 4/2/2009) Cosponsors (10)
Committees: Senate Health, Education, Labor, and Pensions
Latest Major Action: 4/2/2009 Referred to Senate committee. Status: Read twice and referred to the Committee on Health, Education, Labor, and Pensions.

and

[111st] H.R.2413 : To provide for enhanced treatment, support, services, and research for individuals with autism spectrum disorders and their families.
Sponsor: Rep Doyle, Michael F. [PA-14] (introduced 5/14/2009) Cosponsors (3)
Committees: House Energy and Commerce; House Education and Labor; House Oversight and Government Reform; House Armed Services
Latest Major Action: 5/14/2009 Referred to House committee. Status: Referred to the Committee on Energy and Commerce, and in addition to the Committees on Education and Labor, Oversight and Government Reform, and Armed Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

Please see this page at Autismvotes to see summaries and bullet points on the legislation.

Thanks for taking action.

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Practitioner Issues in Behavior Analysis SIG
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Views and news expressed in this blog or by the PIBA SIG are those of the SIG and SIG members and do not represent official policy of ABA International or other official body. For official policy of the Association of Behavior Analysis International, the reader is directed to their website,

ADVOCACY: Opportunities on Capitol Hill

From the May APA Spin Insider,

An FYI for those who might not know is that ABA International is a member society in the Federation of Behavioral, Psychological and Cognitive Sciences , and was in that way a sponsoring organization for this event.

Capitol Hill Poster Session Showcases NIH-Funded
Behavioral and Social Science Research

Staff from the American Psychological Association (APA), Consortium of Social Science Associations (COSSA), and other scientific and advocacy organizations recently organized a combined poster session and reception on Capitol Hill, called National Institutes of Health: Improving the Nation’s Health through Behavioral and Social Sciences Research. Held on April 28, the reception drew 43 posters from 19 of the NIH institutes, centers, and offices that fund behavioral science. In addition to federal scientists and research administrators, some NIH units brought in extramural scientists to discuss their research in person.

More than 200 people attended the event, including congressional staff from both the House and Senate, representatives of advocacy organizations in the Washington area, as well as NIH staff. U.S. Representatives Tim Murphy (R-PA) and David Price (D-NC) also took in the posters and talked with NIH leaders, which included the Director of the National Institute of Mental Health, Tom Insel, and the Acting Director of the National Human Genome Research Institute, Alan Guttmacher.

The event was targeted to congressional staff who might not know much about behavioral and social sciences research, or the extent to which it is supported by NIH. In an essay in the program introducing the event, Christine Bachrach, Acting Director of the NIH Office of Behavioral and Social Sciences wrote,

“Behavioral research is an integral part of the NIH Mission: NIH is the steward of medical and behavioral research for the Nation. Its mission is science in pursuit of fundamental knowledge about the nature and behavior of living systems and the application of that knowledge to extend healthy life and reduce the burdens of illness and disability. An astounding 47% of all deaths have a preventable behavioral cause, including tobacco, poor diet and physical inactivity and sexual behaviors. NIH-funded behavioral and social scientists are working to improve the health of our nation by studying how biology, behavior and the social and physical environments dynamically interact and impact our health. Their research contributes to reducing tobacco use and smoking-related diseases, developing effective behavioral treatments for mental health disorders, preventing type II diabetes, and much more.”

Every event that occurs in Congressional space must have a Congressional sponsor. For this event, Representative Lois Capps (D-CA) was the working sponsor, helping with logistical details such as security clearances. Other sponsors who helped publicize the event to their congressional colleagues included Representative Brian Bilbray (R-CA), Senator Arlen Specter (D-PA) and Senator Tom Harkin (D-IA). Thirty outside organizations sponsored the event – that is, they made contributions so the event could take place. In addition to APA and COSSA, those organizations included the

• Association of American Medical Colleges,
• Research! America,
• American Heart Association/American Stroke Association,
• American Association of Colleges of Nursing,
• American Educational Research Association,
• American Sociological Association,
• Federation of Behavioral, Psychological and Cognitive Sciences [ABA International is a Federation Member]
• Institute for the Advancement of Social Work Research,
• Population Association of America,
• Society for Research in Child Development, and
• Society for Behavioral Medicine.

As the posters are made available, they will be posted on the websites of the NIH Office of Behavioral and Social Sciences Research and the Coalition for the Advancement of Health Through Behavioral and Social Sciences Research.

The following organizations provided posters for the event:

• The Office of Behavioral and Social Sciences Research,
• Office of Research on Women’s Health,
• National Cancer Institute,
• National Heart, Lung and Blood Institute,
• National Human Genome Research Institute,
• National Institute of Arthritis and Musculoskeletal and Skin Diseases,
• National Institute of Biomedical Imaging and Bioengineering,
• National Institute of Child Health and Human Development,
• National Institute of Dental and Craniofacial Research,
• National Institute of Diabetes and Digestive and Kidney Diseases,
• National Institute of Mental Health,
• National Institute of Nursing Research,
• National Institute on Aging,
• National Institute on Alcohol Abuse and Alcoholism,
• National Institute on Deafness and Other Communication Disorders,
• National Institute on Drug Abuse,
• National Center for Complementary and Alternative Medicine,
• National Center on Minority Health and Health Disparities, and
• National Center for Research Resources.

Click here to view pictures from the briefing.

NEWSFLASH: GAO Report and House Committee hearing on Seclusion and Restraint in Public and Private Schools

On Tuesday May 19, 2009, the U.S. House Committee on Education and Labor held a hearing of the full Committee on,

Examining the Abusive and Deadly Use of Seclusion and Restraint in Schools
Full Committee Hearing 10:00 AM, May 19, 2009
2175 Rayburn H.O.B., Washington, DC

"On Tuesday, May 19, the House Committee on Education and Labor will hold a hearing to examine abusive and deadly uses of seclusion and restraint in U.S. schools....

Part of the testimony submitted was the investigative GAO report,

Seclusions and Restraints: Selected Cases of Death and Abuse at Public and Private Schools and Treatment Centers

GAO-09-719T, May 19, 2009

Summary (HTML) Highlights Page (PDF) Full Report (PDF, 62 pages) Accessible Text

On a personal note, having listened to the testimony from Mr. Kurz of the GAO and that of parents and other experts, the situation was quite shocking--and was expressed so by the Committee members who demonstrated both anger and a sense of urgency to address the abuses to minors identified in the testimony. This included withholding of food, water and toileting due to extended seclusion instituted sometimes for trivial reasons or behaviors triggered by adult behavior, suffocation by use of prone restraint (one case given in testimony was referred to as "murder" by a Committee member), physical abuse, taping and strapping children to such as Rifton chairs . Often parents were not notified but discovered the abuse via bruises, or behavior change in their children. Many times school personnel who would have liked to either intervene or notify the parents were unable to do so because of retaliation within districts for such notification. An issue that particularly interested the Committee was that often educational personnel determined as probably culpable, in one case including the death of a student, were allowed to retain their teaching certification and would be transferred to another teaching situation or resume his/her career in another state (sometimes resuming the abuse of students as well). A Committee member referred to this treatment of children with disabilities in public schools as "like Willowbrook" (the notorious Staten Island institution that triggered the move to take children out of closed institutions).

Unlike other situations, parents were unable to enlist the assistance of such as Child Protective Services since schools are not in CPS jurisdiction, and unable to receive satisfaction or assistance through districts themselves or law enforcement were compelled to bring civil suit in order to change circumstances for their own child or for the overall good.

Some of the discussion for solutions turned on expansion of Positive Behavioral Interventions and Supports (PBIS) (which was termed by almost all in the hearing as a solution "that works") to a national level , potential of a Federal registry for those convicted of abuse or death through inappropriate application of restraint or seclusion (similar to the system used for convicted sex offenders), banning of use of prone restraint, states coordination and uniform standards of application (currently only 7 states require training in use of restraint and 19 states have no defined standards for use of restraint or seclusion).

CNN News story May 18, 2009
GAO report: Special-needs kids abused in schools
From Abbie Boudreau and Steve Turnham
CNN Special Investigations Unit

(CNN) -- Congressional auditors have uncovered widespread abuse of techniques use to restrain or discipline special-education students in U.S. schools, with some deaths linked to the practices, a top congressman says.

The findings are among those expected from a Government Accountability Office report scheduled to be released Tuesday. The report documented serious problems with the way children with disabilities are being treated in public schools, including cases of children being held face-down on the ground..."

Restraint can dispirit and hurt special-ed students
USA today

"...A new report from the Government Accountability Office, Congress' investigative arm, also out today, finds "widespread" allegations of abuse involving the practices in schools — even when students aren't physically aggressive or dangerous to themselves or others..."

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References:

Seclusions and Restraints: Selected Cases of Death and Abuse at Public and Private Schools and Treatment Centers

GAO-09-719T, May 19, 2009

School is Not Supposed to Hurt: Investigative Report on Abusive
Restraint and Seclusion in Schools
National Disability Rights Network, January 2009

Map of State law or regulation on restraint and seclusion

The lethal hazard of prone restraint: Positional asphyxiation.
PROTECTION & ADVOCACY, INC.
INVESTIGATIONS UNIT
433 HEGENBERGER ROAD, SUITE 220
OAKLAND, CALIFORNIA 94621
TELEPHONE: (800)776-5746
April 2002
Publication #7018.01

Restraint & Seclusion in California Schools: A Failing Grade
Protection & Advocacy, Inc.
Investigations Unit
1330 Broadway, Suite 500
Oakland, CA 94612
June 2007

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Website: Practitioner Issues in Behavior Analysis SIG
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Views and news expressed in this blog or by the PIBA SIG are those of the SIG and SIG members and do not represent official policy of ABA International or other official body. For official policy of the Association of Behavior Analysis International, the reader is directed to their website, http://www.abainternational.org

FED. LEGISLATION: S.819 - Autism Treatment Acceleration Act of 2009

U.S. Senate Bill S. 819 (Durbin-IL)
Autism Treatment Acceleration Act of 2009 (Introduced in Senate)
http://www.thomas.gov/cgi-bin/query/z?c111:S.819:

Autism Treatment Acceleration Act TV Coverage

Senator Dick Durbin (IL) visits The Autism Program of Illinois (TAP)
to announce his introduction of the
Autism Treatment Acceleration Act of 2009.

http://www.youtube.com/watch?v=JCxcnzdTlC8

-----------
Website: Practitioner Issues in Behavior Analysis SIG
-----------
Views and news expressed in this blog or by the PIBA SIG are those of the SIG and SIG members and do not represent official policy of ABA International or other official body. For official policy of the Association of Behavior Analysis International, the reader is directed to their website, http://www.abainternational.org