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

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: 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

NEWSFLASH: GAO Report and House Committee hearing on Seclusion and Restraint in Public and Private Schools

On Tuesday May 19, 2009, the U.S. House Committee on Education and Labor held a hearing of the full Committee on,

Examining the Abusive and Deadly Use of Seclusion and Restraint in Schools
Full Committee Hearing 10:00 AM, May 19, 2009
2175 Rayburn H.O.B., Washington, DC

"On Tuesday, May 19, the House Committee on Education and Labor will hold a hearing to examine abusive and deadly uses of seclusion and restraint in U.S. schools....

Part of the testimony submitted was the investigative 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

Summary (HTML) Highlights Page (PDF) Full Report (PDF, 62 pages) Accessible Text

On a personal note, having listened to the testimony from Mr. Kurz of the GAO and that of parents and other experts, the situation was quite shocking--and was expressed so by the Committee members who demonstrated both anger and a sense of urgency to address the abuses to minors identified in the testimony. This included withholding of food, water and toileting due to extended seclusion instituted sometimes for trivial reasons or behaviors triggered by adult behavior, suffocation by use of prone restraint (one case given in testimony was referred to as "murder" by a Committee member), physical abuse, taping and strapping children to such as Rifton chairs . Often parents were not notified but discovered the abuse via bruises, or behavior change in their children. Many times school personnel who would have liked to either intervene or notify the parents were unable to do so because of retaliation within districts for such notification. An issue that particularly interested the Committee was that often educational personnel determined as probably culpable, in one case including the death of a student, were allowed to retain their teaching certification and would be transferred to another teaching situation or resume his/her career in another state (sometimes resuming the abuse of students as well). A Committee member referred to this treatment of children with disabilities in public schools as "like Willowbrook" (the notorious Staten Island institution that triggered the move to take children out of closed institutions).

Unlike other situations, parents were unable to enlist the assistance of such as Child Protective Services since schools are not in CPS jurisdiction, and unable to receive satisfaction or assistance through districts themselves or law enforcement were compelled to bring civil suit in order to change circumstances for their own child or for the overall good.

Some of the discussion for solutions turned on expansion of Positive Behavioral Interventions and Supports (PBIS) (which was termed by almost all in the hearing as a solution "that works") to a national level , potential of a Federal registry for those convicted of abuse or death through inappropriate application of restraint or seclusion (similar to the system used for convicted sex offenders), banning of use of prone restraint, states coordination and uniform standards of application (currently only 7 states require training in use of restraint and 19 states have no defined standards for use of restraint or seclusion).

CNN News story May 18, 2009
GAO report: Special-needs kids abused in schools
From Abbie Boudreau and Steve Turnham
CNN Special Investigations Unit

(CNN) -- Congressional auditors have uncovered widespread abuse of techniques use to restrain or discipline special-education students in U.S. schools, with some deaths linked to the practices, a top congressman says.

The findings are among those expected from a Government Accountability Office report scheduled to be released Tuesday. The report documented serious problems with the way children with disabilities are being treated in public schools, including cases of children being held face-down on the ground..."

Restraint can dispirit and hurt special-ed students
USA today

"...A new report from the Government Accountability Office, Congress' investigative arm, also out today, finds "widespread" allegations of abuse involving the practices in schools — even when students aren't physically aggressive or dangerous to themselves or others..."

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References:

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

Map of State law or regulation on restraint and seclusion

The lethal hazard of prone restraint: Positional asphyxiation.
PROTECTION & ADVOCACY, INC.
INVESTIGATIONS UNIT
433 HEGENBERGER ROAD, SUITE 220
OAKLAND, CALIFORNIA 94621
TELEPHONE: (800)776-5746
April 2002
Publication #7018.01

Restraint & Seclusion in California Schools: A Failing Grade
Protection & Advocacy, Inc.
Investigations Unit
1330 Broadway, Suite 500
Oakland, CA 94612
June 2007

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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