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

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: 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,