NEWS: H.R. 4247 - The Preventing Harmful Restraint and Seclusion in Schools Act

 **Updated 12/25/09 to add video from the 112/9/09 press conference**

Earlier today during a press conference, U.S. House Representatives George Miller D- 7th district, CA,  and Cathy McMorris Rodgers, R-5th district,WA, unveiled,

The Preventing Harmful Restraint and Seclusion in Schools Act 
H.R. 4247: To prevent and reduce the use of physical restraint and seclusion in schools, and for other purposes



Representative George Miller (CA), Chair of the House Committee on Education and Labor, and co-sponsor of H.R. 4247 - Preventing Harmful Restraint and Seclusion in the Schools Act

This bill would establish the first federal standards to protect students from misuse of restraint and seclusion and ensure the safety of everyone in the classroom. It would apply to public schools, private schools and preschools receiving federal education support.

Specifically H.R. 4247 would:

• Establish important minimum federal safety standards in schools, similar to the protections already in place in hospitals and other non-medical community based facilities
• Limit physical restraint and locked seclusion, allowing these interventions only when there is imminent danger of injury, and only when imposed by trained staff;
• Outlaw mechanical restraints, such as strapping kids to chairs, and prohibit restraints that restrict breathing;
• Require schools to notify parents after incidents when restraint or seclusion was used;
• Call on states, within two years of enactment, to establish their own policies, procedures, monitoring and enforcement systems to meet these minimum standards;
• Encourage states to provide support and training to better protect students and prevent the need for emergency behavioral interventions; and 
• Increase transparency, oversight and enforcement tools to prevent future abuse.
  

The Education and Labor Committee plans to mark up the bill early next year.

Excellent Fact Sheets and descriptions are provided at the U.S. House Committee on Education and Labor's website on provisions in The Preventing Harmful Restraint and Seclusion in Schools Act (H.R. 4247) including,

FACT SHEET: Preventing Harmful Restraint and Seclusion in the Schools Act
on December 9, 2009 11:30 AM  Kittredge, Betsy Miller
Protecting All Children in School
also,

Definitions of Terms Used in the Preventing Harmful Restraint and Seclusion in the Schools Act




Curt Decker Executive Director of the National Disabilities Network




Mike Resnick Associate Executive Director of the National School Board Association




Nicole Danhof-Holden and Alan Holden, parents Muskegon, MI

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Other references and past blog posts

Autism Speaks endorses H.R. 4247

TODAY: Bipartisan Lawmakers to Introduce Legislation to Protect All Children in Schools from Abuse
December 9, 2009 9:08 AM
House Committee on Education and Labor blog

Preventing Harmful Restraint and Seclusion in the Schools Act
December 9, 2009 11:30 AM
House Committee on Education and Labor blog

NEWS: December 9 Introduction of Federal Bill on School Restraint and Seclusion
Tuesday, December 8, 2009
Practitioner Issues in Behavior Analysis SIG blog

Lawmakers Unveil Restraint And Seclusion Bill To End ‘Nightmare Of Abuse’
Michelle Diament
Disability Scoop, December 9, 2009

Bill aims to protect students from abuse in schools
Patricia E. Bauer, December 9th, 2009

Lawmakers Seek Halt To Abuses Of Disabled Kids In School
National Public Radio Health Blog, December 9, 2009

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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

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

NEWS: Comments by Education Secretary Arne Duncan on the use of restraint & seclusion in public schools

The Obama Administration's Education Agenda:
Education Secretary Arne Duncan on Seclusion & Restraint, May 20, 2009 http://edlabor.house.gov

Link to YouTube video of Secretary Duncan:

Follow up to the House Committee for Education and Labor hearing on deadly and abusive use of restraint and seclusion in public schools.
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

• Highlights
• Full Report

See previous post on the hearing and other references related to inappropriate use of restraint and seclusion on children, esp. those children with disabilities, in public 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 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