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

LEG. NEWS - Virginia autism insurance bills die or stall in committee

**Update February 8, 2010 4:00PM PST - Autism Votes Virginia reports that due to the weather conditions in the East, that the Senate Labor & Commerce Committee Hearing on SB 464 has been rescheduled for February 15, 2010 at 1:30pm **

**Update February 4, 2010 5:57PM PST - There is some ambiguity on HB 303 since earlier news reports were that this bill had been defeated in committee, but Autism Votes Virginia reports that in addition to the abstention there was a non-physically present "yes" vote, which would not kill HB 303 but also not move it from committee. The legislative website note is that the vote was 4-yea, 4-nay, 1 abstention and 1 not voting, 02/02/10  House: Subcommittee failed to recommend reporting (4-Y 4-N).

On a related note, Autism Votes Virginia also reports that SB 464 has been granted a hearing on Monday February 8, 2010 in the Senate Committee on Commerce and Labor. Currently the Committee docket for February 8 is not showing SB 464 this for that date, but the agendas and dockets are subject to change.**

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On February 1 and 2, 2010 three autism insurance bills in the Virginia Legislature were defeated in committee, and one was deferred to the 2011 legislative session. Two bills remain in committee at this time.

H 303 and H 34 died in the House Committee on Commerce and Labor Subcommittee#1. The bills were combined and the proposed annual coverage reduced below the original proposal, and age range for coverage was restricted to ages 2 to 6. Even with these amendments, the vote on H 303 was a 4Y-4 NY tie with one abstention. In Virginia a tie constitutes a defeat; a majority is required for passage.

SB 649 which, besides the insurance clause, would have established a tuition assistance grant program, was defeated in the Senate Commerce and Labor Committee by a 8-N to 7-Y vote.

H 730, also in the House Committee on Commerce and Labor Subcommittee#1, and was restricted to coverage of early intervention was voted by the Committee to defer to 2011.

The remaining bills as noted in the Virgina Legislative tracking system,are H 1367 and S 464 (which is identical to the original H 303) - however at this time neither bill shows progress in their respective committees.
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Past posts
Sunday, January 31, 2010
LEG NEWS: Virginia autism insurance bills up for hearing week of Feb 1, 2010

Media reports
Va. House panel kills autism therapy bill
BusinessWeek
The Associated Press  February 3, 2010, 11:23AM ET


Autism coverage bill killed in Va. House
February 3, 7:24 AMNorfolk Health Care ExaminerEd Lamb

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

LEG. NEWS: All Mississippi bills addressing behavior analysis and autism insurance die in committee

On Tuesday, February 2, 2010 all of the bills under consideration in the Mississippi Legislature,
the six autism insurance bills [SB 2055, SB 2129, SB 2175, SB 2363, SB2607, HB1496] died in the Senate and House Insurance Committees and are no longer under consideration in the 2010 Mississippi State Legislature.

SB 2457, which would have phased in training of personnel and routine school use of "applied behavior science" for the state's students with ASD, also died without a vote in the  Education; Appropriations Committees.
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Past blog posts:
Thursday, January 28, 2010
LEG. NEWS: Mississippi - Six autism insurance bills in the legislature 

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


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

Wednesday, February 3, 2010

LEG. NEWS: Missouri autism insurance bills progress in General Assembly with amendments

On Wednesday, February 3, 2010 two autism insurance bills moved another step forward within the Missouri General Assembly, although both were subject to amendment reducing the amount of annual coverage, with the Senate bill allowing "foreign" health insurance carriers of certain named states to provide health insurance within Missouri with exemption from the mandate. Both bills retained previously included clauses on provision of applied behavior analysis within specified policies, and that BACB certified Board Certified Behavior Analysts were appropriate to supervise delivery of applied behavior analysis, and would meet approval as a provider under the bills. Some concern was voiced on the inability to include Mo Healthnet-Medicaid in the autism insurance legislation.

S.B. 618: Requires health carriers to provide coverage for the diagnosis and treatment of autism spectrum disorders under certain conditions.
Deliberation on the Senate floor took two days. A Senate Substitute was offered, amended several times and passed, adopted and perfected as SS/SB 618. The most significant change is that the cap amount has been reduced.

H.B. 1311: Requires health carriers issuing or renewing a health benefit plan to provide coverage for the diagnosis and treatment of autism spectrum disorders
 The progress of HB 1311 was delayed relative to SB 618 SS/SB 618.  It has been reported that H.1311 passed with amendment in an Executive Session of the Special Standing Committee on Insurance today. The legislative website shows that H.B 1311 and H.B. 1341, another autism insurance bill, were referred to Rules - Pursuant to Rule 25(32)(f) (H) , with H.B. 1311 accepted as a substitute for H.B 1341.
At the time of this post no summary copy of the amended H.B. 1311 is available, but media reports state that amendments to H.B. 1311 have substantially reduced the annual coverage requested in the original bill and use a tiered diffential coverage for children <10 years, and 10-21 years. No report was made of whether the BCBA supervisor clause has been changed. H.B. 1311 may come to the floor of the Missouri House for debate as early as next week.

For specfic details and most accurate information on the content of this legislation as it progresses through the Missouri Assembly, the reader is referred to the Missouri General Assembly.

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For more information/Media reports

Autism Votes - Missouri

Missouri General Assembly

Legislators narrow gap on autism bills
Virginia Young
ST. LOUIS POST-DISPATCH
02/04/2010


This story has .mp3 files of the Senate deliberation
Senate near passage of autism bill
by Bob Priddy on February 3, 2010


Mo. Senate passes child autism coverage bill
By: The Associated Press | 03 Feb 2010 | 04:46 PM ET

House committee passes autism insurance bill
By Chad Livengood • clivengood@news-leader.com
Inside Missouri Politics Blog
February 3, 2010


Previous post:
Friday, January 29, 2010
LEG. NEWS: Missouri SB 618 autism insurance bill goes to Senate floor on February 1, 2010 for "Perfection"
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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

Tuesday, February 2, 2010

NEWS: The Lancet retracts 1998 Wakefield, et. al. paper linking MMR to autism and GI problems

On February 2, 2010 UK medical journal The Lancet formally retracted, thus formally removing from the scientific record, the 1998 research report that linked the measles-mumps and rubella vaccine (MMR) to bowel disease and pervasive developmental disorder.

RETRACTION:
Retraction—Ileal-lymphoid-nodular hyperplasia, non-specific colitis, and pervasive developmental disorder in children
The Lancet, Early Online Publication, 2 February 2010
doi:10.1016/S0140-6736(10)60175-7
(This article made available free by The Lancet with registration as a service to readers. )

removing from the scientific record,
Wakefield, A.J., Murch, S.H., Anthony, A., Linnell, J., Casson, D.M., Malik,M., et al. (1998). Ileal-lymphoid-nodular hyperplasia, non-specific colitis, and pervasive developmental disorder in children. The Lancet, 351(9103), 637-641.

This retraction comes within days of a UK General Medical Council (GMC) decision that three authors of the 1998 article - Andrew Wakefield, John Walker-Smith and Simon Murch - had committed serious violations of research ethics and additionally, in Wakefield's case, irresponsibility and dishonesty in conducting the original research study. The three will return before the GMC in April where it will be determined whether there was guilt of serious professional misconduct - such a finding could result in sanction up through removal of license to practice medicine.

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Media stories:

Report linking autism to vaccines is retracted by medical journal
By Thomas H. Maugh II
February 2, 2010 | 9:34 a.m.
Los Angeles Times


Lancet Renounces Study Linking Autism And Vaccines
Scott Hensley
National Public Radio(NPR)12:25  pm
February 2, 2010


Lancet accepts MMR study 'false'
By Nick Triggle
Health reporter, BBC News
Page last updated at 14:22 GMT, Tuesday, 2 February 2010


Previous blog post
Thursday, January 28, 2010
NEWS: British GMC rules that unethical practice used and research rules broken in study for 1998 Lancet article linking MMR and autism

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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
 
 

Monday, February 1, 2010

NEWS: Obama administration proposes changes to education policy and law

The Obama administration has put forth a proposal of  overhauling No Child Left Behind.

Some key points are,
  • Changes to federal financing formulas with emphasis on school performance
  • Changes to education law
  • Elimination of the requirement deadline of 2014 to have all students be proficient, to be replaced by graduation from high school, "college or career ready",
  • Possible elimination of school ratings systems based on making "adequate yearly progress" on student test scores.
Regarding new systems, proposals are
  • Dividing schools into more categories to give recognition for success and increasing funding for improvement or closure of failing schools.
  • Define learning goals in earlier grades
One proposal is that based on the results of programs such as the Race to the Top Fund, that similar strategies and conditions might be applied to the distribution of funding through the U.S. Department of Education so that the emphasis is on improvement of schools.

Such proposed changes to educational law would be subject to Congressional approval, and the Administration is reported to be soliciting input from Congressional leaders of both parties in coming weeks to create legislative language attractive to bipartisan support.

A remark on these proposals as part of the President's comments on the 2011 fiscal year budget.

"...That's why I've proposed a more than 6 percent increase in funding for the Education Department.  And this funding is tied to reforms that raise student achievement, inspire students to excel in math and science, and turn around failing schools which consign too many young people to a lesser future -- because in the 21st century there is no better anti-poverty program than a world-class education..."
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For more information/further reading
Obama to Seek Sweeping Change in ‘No Child’ Law
By SAM DILLON Published: January 31, 2010
New York Times


Budgeting for a New Era of Responsibility
Posted by Jesse Lee on February 01, 2010 at 04:34 PM EST
Whitehouse.gov

Education reform: Obama budget reboots No Child Left Behind
Amanda Paulson  Staff writer / February 1, 2010
Christian Science Monitor


Five Ways Obama's Budget Will Change Education Policy
Feb 1 2010, 2:20 pm by Derek Thompson
The Atlantic


Hard choices to come with fiscal year 2011 budget
Tuesday, February 2, 2010
Washington Post


New York Times stories on No Child Left Behind (NCLB)

NCLB U.S. Department of Education

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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

NEWS: California - District Court decision revives Arce v. Kaiser Foundation Health Plan, Inc.

Prefacing note: While this report is being shared as a "news item of interest" as a public event in progress, it seems relevant at this time to state that this report is not taking an editorial position on the legal aspects or allegations of this case nor the specific claimants, nor does this constitute legal interpretation. Please see the court documents for relevant specifics.

On Wednesday, January 27, 2010, a decision authored by Justice Laurie D. Zelon of the Court of Appeals of California, Second District, Division Seven was handed down in California reversing a lower court ruling, and remanding to trial court with directions; this decision allows a previously filed suit to proceed to trial. The suit filed by Arce alleges that an insurer improperly denied applied behavior analysis and speech services as categorical practice and that such denial on the specified basis constitutes violation of California's Mental Health Parity law (AB88: Insurance Code §§10144.5   & Health and Safety Code§1374.72 ). Another aspect of the case in question is the provision of service by providers that are not licensed or state certified. The case in question is ARCE v. KAISER FOUNDATION HEALTH PLAN, INC.

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For more information
2nd Appelate District
updated 1/31/2010 05:05PM
Case information - Arce et al. v. Kaiser Foundation Health Plan, Inc. et al.

Decision transcript
From Leagle, inc.
ARCE v. KAISER FOUNDATION HEALTH PLAN, INC.
ANDREW ARCE, a Minor, etc. et al., Plaintiffs and Appellants, v. KAISER FOUNDATION HEALTH PLAN, INC., et al., Defendants and Respondents.
B215861.
Court of Appeals of California, Second District, Division Seven.
Filed January 27, 2010.



CALIFORNIA LAW
Mental Health Parity aka AB 88,
Insurance Code §§10144.5   & Health and Safety Code§1374.72

Other  articles and reports related to ARCE v. KAISER FOUNDATION HEALTH PLAN, INC. and regulation of ABA coverage
C.A. Revives UCL Action Against Kaiser Over Autism Services
By KENNETH OFGANG, Staff Writer
Metropolitan News-Enterprise
Thursday, January 28, 2010


Appeals court allows Arce vs. Kaiser autism class action to proceed
January 30th, 2010 at 1:48 pm
State Regulators Might Require Health Plans To Cover Autism Therapy
Monday, November 16, 2009
California Healthline


Letter dated 2/24/2009 from Consumer Watchdog to Cindy Ehnes, Director ,California Department of Managed Health Care

Applied Behavior Analysis — the Los Angeles lawsuit
Sam Miller, The Orange County Register
August 15th, 2008, 8:11 am


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ABA chapters in/for California
CalABA
Public Policy and Practice page

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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

FYI: Behavior Analysis Association of Michigan (BAAM) - "BAAM Movies: ABA in Natural Settings"

Just wanted to give a heads-up on a resource that might be of considerable usefulness to members of the public and practitioners looking for video examples of procedures of applied behavior analysis.

The Behavior Analysis Association of Michigan (BAAM) has among its many resources for its members, public and practitioners,
  • "BAAM Movies: ABA in Natural Settings"
    BAAM notes that these are also available for viewing on mobile webbrowsers including iPhone and iPod Touch.
To access this video resource, and to see the rationale, proposed audience, viewer compatibility and conditions of use, please visit the BAAM homepage and scroll down to "BAAM Movies: ABA in Natural Settings"

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.
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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

LEG NEWS: Virginia autism insurance bills up for hearing week of Feb 1, 2010

Three Virginia bills dealing with insurance coverage of autism spectrum disorders that make reference to applied behavior analysis, are listed on the Virginia General Assembly Legislative Information System as receiving committee consideration on Monday, February 1, and Tuesday, February 2, 2010.

A 1/21/10 blogpost on the Virginia measures has been updated to reflect the current slate of autism insurance bills : HB 34HB 303SB 434 and SB 649

The bills stated to be receiving committee consideration this week are

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Past posts on Virginia's autism insurance bills

Thursday, January 21, 2010
LEG NEWS: Updated list of Virginia autism insurance bills - Virginia HB 34, HB 303, SB 464 , and SB 649
Virginia HB 303 & SB 464 Insurance Coverage for ASD

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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