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14-12-2009, 01:02 PM
We would like to invite comments on the following:
H.R. 4247 News:
Autism Speaks Endorses New Federal Legislation to Prevent Abuse Of Children With Autism And Other Disabilities At School
NEW YORK, N.Y. (December 9, 2009) – Autism Speaks, the nation’s largest autism science and advocacy organization, today endorsed the Preventing Harmful Restraint and Seclusion in Schools Act (H.R. 4247), which would establish federal standards to protect students – including those with autism and other disabilities – from misuse of restraint and seclusion and improve classroom safety for students and staff alike. Introduced by U.S Representatives George Miller (D-CA) and Cathy McMorris Rodgers (R-WA), the bi-partisan legislation would apply to public schools, private schools and preschools that receive federal funding. Senator Chris Dodd (D-CT) is expected to introduce companion legislation in the Senate.
Key provisions of the bill would establish minimum safety standards in schools, limit physical restraint and locked seclusion to instances when there is imminent danger of injury, outlaw the use of mechanical restraints, and encourage states to provide relevant training to staff. In addition, the bill would prohibit aversive interventions that compromise health and safety, such as denying students water, food, or clothing and denying access to toilet facilities. Schools would not be permitted to include restraint or seclusion as planned interventions in students’ education plans, and they would be required to notify parents when restraint or seclusion was used.
“Children with autism, many of whom are non-verbal or have other communications challenges, are especially vulnerable to dangerous interventions at school by staff who can at times be ill-prepared to deal with their unique behavioral issues,” said Peter Bell, Autism Speaks executive vice president of programs and services. “This legislation is an important step toward ending inhumane treatment of children with autism and other disabilities, who – like all students – should be able to trust their educators and feel completely safe in their school environment.”
According to the House Committee on Education and Labor web site, a U.S. Government Accountability Office report released last spring detailed hundreds of cases of students being abused “as a result of inappropriate uses of restraint and seclusion, often involving untrained staff. In some cases, children died. A disproportionate number of these victims were students with disabilities.”
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Summary of the Preventing Harmful Restrain and Seclusion in Schools Act (H.R. 4247):
Sponsored by Congressman George Miller (D-CA) and Congresswoman Cathy McMorris Rodgers (R-WA)
The Preventing Harmful Restrain and Seclusion in Schools Act would establish the first federal standards to protect students from misuse of restraint and seclusion
The bill would apply to public schools, private schools and preschools receiving federal education support
Establishes important minimum federal safety standards in schools, similar to the protections already in place in hospitals and other non-medical community based facilities
Limits physical restraint and locked seclusion, allowing these interventions only when there is imminent danger of injury and only with imposed by trained staff
Outlaws mechanical restraints, such as strapping kids to chairs, and prohibits restraints that restrict breathing
Requires schools to notify parents after incidents when restraint or seclusion was used
Calls on states, within two years of enactment, to establish their own policies, procedures, monitoring and enforcement systems to meet these minimum standards
Encourages states to provide support and training to better protect students and prevent the need for emergency behavioral interventions
Increases transparency, oversight and enforcement tools to prevent future abuse
H.R. 4247 News:
Autism Speaks Endorses New Federal Legislation to Prevent Abuse Of Children With Autism And Other Disabilities At School
NEW YORK, N.Y. (December 9, 2009) – Autism Speaks, the nation’s largest autism science and advocacy organization, today endorsed the Preventing Harmful Restraint and Seclusion in Schools Act (H.R. 4247), which would establish federal standards to protect students – including those with autism and other disabilities – from misuse of restraint and seclusion and improve classroom safety for students and staff alike. Introduced by U.S Representatives George Miller (D-CA) and Cathy McMorris Rodgers (R-WA), the bi-partisan legislation would apply to public schools, private schools and preschools that receive federal funding. Senator Chris Dodd (D-CT) is expected to introduce companion legislation in the Senate.
Key provisions of the bill would establish minimum safety standards in schools, limit physical restraint and locked seclusion to instances when there is imminent danger of injury, outlaw the use of mechanical restraints, and encourage states to provide relevant training to staff. In addition, the bill would prohibit aversive interventions that compromise health and safety, such as denying students water, food, or clothing and denying access to toilet facilities. Schools would not be permitted to include restraint or seclusion as planned interventions in students’ education plans, and they would be required to notify parents when restraint or seclusion was used.
“Children with autism, many of whom are non-verbal or have other communications challenges, are especially vulnerable to dangerous interventions at school by staff who can at times be ill-prepared to deal with their unique behavioral issues,” said Peter Bell, Autism Speaks executive vice president of programs and services. “This legislation is an important step toward ending inhumane treatment of children with autism and other disabilities, who – like all students – should be able to trust their educators and feel completely safe in their school environment.”
According to the House Committee on Education and Labor web site, a U.S. Government Accountability Office report released last spring detailed hundreds of cases of students being abused “as a result of inappropriate uses of restraint and seclusion, often involving untrained staff. In some cases, children died. A disproportionate number of these victims were students with disabilities.”
--------------------------------------------------------------------------------
Summary of the Preventing Harmful Restrain and Seclusion in Schools Act (H.R. 4247):
Sponsored by Congressman George Miller (D-CA) and Congresswoman Cathy McMorris Rodgers (R-WA)
The Preventing Harmful Restrain and Seclusion in Schools Act would establish the first federal standards to protect students from misuse of restraint and seclusion
The bill would apply to public schools, private schools and preschools receiving federal education support
Establishes important minimum federal safety standards in schools, similar to the protections already in place in hospitals and other non-medical community based facilities
Limits physical restraint and locked seclusion, allowing these interventions only when there is imminent danger of injury and only with imposed by trained staff
Outlaws mechanical restraints, such as strapping kids to chairs, and prohibits restraints that restrict breathing
Requires schools to notify parents after incidents when restraint or seclusion was used
Calls on states, within two years of enactment, to establish their own policies, procedures, monitoring and enforcement systems to meet these minimum standards
Encourages states to provide support and training to better protect students and prevent the need for emergency behavioral interventions
Increases transparency, oversight and enforcement tools to prevent future abuse