Showing posts with label positive behavioral interventions and supports. Show all posts
Showing posts with label positive behavioral interventions and supports. Show all posts

Thursday, February 4, 2010

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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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

Sunday, January 31, 2010

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.
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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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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

Friday, January 29, 2010

LEG. NEWS: Mississippi - SB2457 would phase in training of personnel and routine school use of "applied behavior science" for students with ASD

Besides the autism insurance bills in the Mississippi Legislature, another bill that might have impact on the practice of applied behavior analysis in that state is an education bill, SB2457, establishing specialized autism classrooms with special emphasis in behavioral supports, including "applied behavior science and techniques", each taught by an "educational expert". That students with ASD would be entitled to at least 30 hours of intervention a week, and that all district personnel working with students with ASD would have training in "behavioral supports, including applied behavior science and techniques". Other clauses describe phase in time to implementation and nature of in-service training, parent training, and establishment of an expert on behavioral intervention treatment and autism initially within each school district and transitioning to each school site. Many of the statements in SB2457 bear strong resemblance to the recommendations of a 2007 report, Caring for Mississippi Children and Families with Autism, Task Force Report , December 2007.
Please see the bill text and the Task Force Report for the respective exact language of each.
  • SB2457
    Referred to Senate Committees Education; Appropriations1/11/2010
    Title:
    AN ACT TO AUTHORIZE AND DIRECT THE MISSISSIPPI DEPARTMENT OF EDUCATION TO DEVELOP STANDARDS AND IMPLEMENT AUTISM SPECTRUM DISORDER (ASD) CLASSROOMS IN THE SCHOOL DISTRICTS STATEWIDE TO MORE FULLY MEET THE NEEDS OF STUDENTS WITH AUTISM IN THE PUBLIC SCHOOL SETTING; AND FOR RELATED PURPOSES.
From SB 2457,
"...The ASD classroom will be taught by an educational expert who is trained in behavioral supports, including applied behavior science and techniques.
(d) The Autism Spectrum Disorder (ASD) classroom will not replace the self-contained/resource classroom, the Attention Deficit Disorder classroom, or the general inclusion program. The ASD classroom will serve as an additional service that meets the  specialized needs of children with autism. All students with ASD shall have access to appropriate services for a minimum of thirty  (30) hours per week unless otherwise justified on the individualized Education Plan of the child.
(e) All school district personnel instructing children with ASD shall be trained in behavioral supports, including applied behavior science and techniques. This training should include elementary, junior high and high school personnel.
(f) Professional training will include in-service training for current regular and special educators, establishing an expert within each school district on autism and behavioral intervention treatment for the 2010-2011 school year and establishing within the next two (2) years an expert within each school site. Continuing education for parents and supporters of children with autism shall be included in this training. All training for professional educators and parents shall be an ongoing process.
(g) The programs shall include transitional services to include high school and post-high school vocational and job training programs that meet the individual needs of teens and 70 adults with Autism Spectrum Disorders.

SECTION 2. This act shall take effect and be in force from and after January 1, 2010."
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Related posts and information
Thursday, January 28, 2010
Practitioner Issues in Behavior Analysis SIG blog
LEG. NEWS: Mississippi - Six autism insurance bills in the legislature

The Mississippi State Legislature

Caring for Mississippi Children and Families with Autism, Task Force Report , December 2007
Comments and recommendations of that document.

"...p. 19, "Therefore our state must increase the numbers of healthcare providers, allied health professionals, psychologists and behavioral therapists who are well-versed in the diagnosis and treatment of ASD. To ensure that comprehensive and continuous health services are given to those with ASD, the legislature must also ensure that these providers can be compensated through private insurance and Medicaid assistance
programs..."

p. 20, "...Essential components of early intervention programs include:
1. Comprehensive curriculum, addressing core domains of imitation, language, toy play, and social interaction;
2. Sensitivity to normal developmental sequences,
3. Highly supportive teaching strategies based on applied behavioral procedures,
4. Behavioral strategies for reducing interfering behaviors,
5. Involvement and training of parents,
6. Gradual, careful transition from a highly supportive environment (usually one on one) to a less structured environment (small group),
7. A staff trained in autism spectrum disorders,
8. Supervisory and review mechanisms,
9. Intensive intervention, i.e., at least 25 hours per week of structured intervention for at least two years (per National Research Council recommendations),
10. Parental and caregiver training; and
11. Intervention by two years of age whenever possible..."

p. 22: Educational Recommendations for 3-21
"E-3: All school district personnel instructing children with ASD be trained in behavioral supports, including applied behavioral science and techniques."

p.23,
"Programming...Only half of the school districts surveyed reported using any form of Applied Behavior Analysis (ABA) one of the most effective therapies for individuals with ASD. Again, programming methods were varied and only half the districts reported using any form of Applied Behavior Analysis (ABA) programming techniques. Not only will the behavioral techniques learned through training in ABA benefit children with ASD, but those techniques can be used for children with other disorders including ADHD, Emotional Disturbance, Mental Retardation, and has even proven effective in neuro-typical children. For children with ASD, ABA methods and/or programming should be utilized in all educational settings with an emphasis placed on moving away from a clinical setting to an inclusive setting while maintaining independence, social development, and learning..."

p. 23, Teacher Support in Schools
School districts at a minimum should employ or contract the following professionals to meet the educational requirements of these children: a behavioral specialist in ASD treatment, a speech/language pathologist, an occupational therapist and a school psychologist.

E-6: A priority in education be to increase the number of trained professionals educating children with ASD. These activities should include
1) in-service training for current regular and special educators,
2) establishing an expert within each school district for 2009-2010 the next year on autism and behavioral intervention treatment, and
3) establishing within the next 2 years an expert within each school site.

p. 24,
E-7: School districts at a minimum should employ/ obtain contractual services with the following professionals to appropriately treat ASD children OT, Speech, PT, Behavioral Analysts or similar professional, Behavioral Techs or other professional who will implement ABA and social skills programming that is data driven and periodically monitored for each individual student

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

Tuesday, December 8, 2009

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