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: 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

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
-----------
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