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

FED. LEG - Bills in Congress under topic of Positive Behavior Supports, and regulation of physical restraint and seclusion in schools

While attention is focused on the states, with numerous bills and, in many cases, short legislative calendars, it seems prudent to review the status of Federal legislation currently before the U.S. Congress. This post is a brief round-up and reminder of those under the topic of Positive Behavior Supports, and the regulation of physical restraint and seclusion in U.S. Schools.

The bills below may be of interest to practicing behavior analysts, those who work in schools, and those who are interested in regulation and training in the matter of physical restraint and seclusion.  HR 4247 and S. 2680 are bills that have the attention of the public and the active interest of a large number of advocacy organizations.

• H.R.2597
  Title: To amend the Elementary and Secondary Education Act of 1965 to allow State educational agencies, local educational agencies, and schools to increase implementation of school-wide positive behavior supports.
  Sponsor: Rep Hare, Phil [IL-17] (introduced 5/21/2009)      Cosponsors (32)
  Latest Major Action: 10/22/2009 Referred to House subcommittee. Status: Referred to the Subcommittee on Early Childhood, Elementary, and Secondary Education.

• H.R.4247
  Title: 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 (27)
  Related Bills: S.2860
  Latest Major Action: 1/4/2010 Referred to House subcommittee. Status: Referred to the Subcommittee on Early Childhood, Elementary, and Secondary Education.

• S.2860
  Title: 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)
  Related Bills: H.R.4247
  Latest Major Action: 12/9/2009 Referred to Senate committee. Status: Read twice and referred to the Committee on Health, Education, Labor, and Pensions. 

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Resources and Related past posts

Thursday, December 17, 2009
S. 2860 bill on restraint and seclusion joins HR 4247 & Wrightslaw sums up this legislation

Autism Votes

Thomas.gov 
legislative information from the Library of Congress

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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

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: 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: December 9 Introduction of Federal Bill on School Restraint and Seclusion

 [Edited 12/8/09, 11PM - to add additional useful references - see below**]


On Wednesday December 9, 2010, U.S. House Representatives George Miller D- 7th district, CA,  and Cathy McMorris Rodgers, R-5th district,WA are expected to introduce bipartisan legislation in the U.S. House to address a serious national problem of abusive restraint and seclusion within U.S. schools. A press conference is scheduled for 11:00am EST on December 9 which will be webcast from the website of the House Committee on Education and Labor. Senator Chris Dodd, D-CT is anticipated to shortly introduce similar legislation in the U.S. Senate.

The impetus for the bill's creation was a GAO report issued on May 19, 2009 and testimony before the House Committee on Education and Labor which documented cases of inappropriately applied restraint and seclusion resulting in trauma, injury and in some cases, death. The report and testimony illuminated a disturbing situation and evoked strong reactions by the legislators and administration representatives.


The Obama Administrations Education Agenda: Sec. Duncan on Seclusion & Restraint
Education Secretary Arne Duncan responds to the May 19 hearings

Some practices went beyond misapplication to the point of abuse; where procedures meant to be applied in strictly defined situations or as emergency procedures were used routinely and for the purposes of punishment. Issues raised during the May 19 hearings were lack of accountability, training of those applying these procedures, and that there are available underused alternatives such as Positive Behavioral Interventions and Supports.


Examining the Abusive and Deadly Use of Seclusion and Restraint in Schools: Rep. Andrews - Q&A
Comments of Representative Rob Andrews, District 1, NJ May 19, 2009 during the House Committee on Education and Labor hearing

Currently there are no Federal policies for these practices in schools - in contrast to hospitals, group homes and residential treatment facilities. States' policies are inconsistent, with only 7 states at the time of the hearing requiring training in use of restraint, and 19 states having no defined standards in the use of restraint and seclusion.


Dodd Discusses New Report on Use of Seclusion and Restraint in Schools
Senator Chris Dodd comments on report, "School is Not Supposed to Hurt: Investigative Report on Abusive
Restraint and Seclusion in Schools". National Disability Rights Network, January 2009
Jan 14, 2009

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References and past blog posts:

Congress To Address Abusive Restraint And Seclusion In Schools
By Michelle Diament
Disability Scoop
December 7, 2009, updated December 8, 2009

Announcement: FEDERAL LEGISLATION TO BE INTRODUCED!!!!!!!!!
The Coalition for Positive Behavioral Interventions and Supports
December 7, 2009
[Note: A press release is posted at this site]

**Position Statement of the Association of Professional Behavior Analysts (APBA)
The Use of Restraint and Seclusion as Interventions for Dangerous and Destructive Behaviors
Adopted November 7, 2009

NEWSFLASH: GAO Report and House Committee hearing on Seclusion and Restraint in Public and Private Schools
Practitioner Issues in Behavior Analysis SIG blog
May 19, 2009
[links to the GAO report, report on the testimony, and other media stories and reports on improper use of restraint and seclusion in schools]

**Use of Restraint and Seclusion in Schools Decried
Bazelon Center for Mental Health Law Reporter
5/27/09

**Report Points Way to School Success for Children with Mental Health Needs
Documents Integration of School-Wide Positive Behavior Support with Mental Health
Bazelon Center for Mental health Law
"...June 7, 2006— “Way to Go—praise for a child and a roadmap for policymakers”..."

**Restraint Rules for Children's Psychiatric Residential Treatment Centers
Bazelon Center for Mental health Law

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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 OPPORTUNITY: Online petition requests behavior analysis be included in health care reform

There is currently an online petition to include behavior analysis and Behavior Analysts in the health care legislation currently before Congress,

Senate bill: HR3590: Patient Protection and Affordable Care Act

House bill:  HR3962: Affordable Health Care for America Act

This petition is an individual grassroots initiative and not intended to represent the formal position of, or endorsement by any formal behavior analytic organization or nonprofit.

To date, 2,350 letters and emails have been sent to elected officials in Congress.

Deliberation on health care reform legislation is in progress now, so if you support the goals of the petition,
please visit without delay to view, and add your signature if you support this effort.

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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.
-------------------------
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: H.R. 2740 "IDEA Fairness Restoration Act" would allow expert witness fees for parents

Congressmen Chris Van Hollen (D-MD) and Pete Sessions (R-TX) introduced H.R. 2740, the IDEA Fairness Restoration Act. This bill would overturn a 2006 Supreme Court decision that prohibits the payment of fees to expert witnesses representing parents in IDEA due process. The fees would only be paid by school systems which are found by the courts to have wrongfully denied an appropriate education to students with disabilities under IDEA.

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

OpenCongress on H.R. 2740

Other blog posts

H.R. 2740 would amend the Individuals with Disabilities Education Act to permit a prevailing party in an action or proceeding brought to enforce the Act to be awarded expert witness fees and certain other expenses.
Washingtonwatch.com

H.R. 2740: To amend the Individuals with Disabilities Education Act to permit a prevailing party in an action or proceeding brought to enforce the Act to be awarded expert witness fees and certain other expenses.
GovTrack.us

Other references

• Text of H.R. 2740 at Thomas.gov
• ARLINGTON CENTRAL SCHOOL DIST. BD. OF ED. v.MURPHY (No. 05-18)
  402 F. 3d 332, reversed and remanded.
  Cornell University Law School
• Topic: Procedural Safeguards: Due Process Hearings. U.S. Department of Education, Office of Special Education Programs 10.04.06

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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: Committee challenges HHS request for disease-specific funding

Committee challenges HHS request for disease-specific funding

By REBECCA NEAL
FederalTimes.com
June 03, 2009

"The chairman of the House Appropriations Committee is challenging the Obama administration’s 2010 budget request that funding be directed to cancer and autism research.
The committee won’t support what amounts to an earmark and opens science up for political debate, Chairman David Obey told Health and Human Services Department Secretary Kathleen Sebelius on Tuesday [June 2, 2009]..."

FULL ARTICLE

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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

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