FL: Florida 'gutted' child restraint bill of most important protections, mother of restrained child says

From The Palm Beach News:

By PAT BEALL AND LAURA GREEN

Palm Beach Post Staff Writer

Updated: 11:59 a.m. Sunday, Oct. 10, 2010

Posted: 11:48 a.m. Sunday, Oct. 10, 2010

http://www.palmbeachpost.com/news/schools/florida-gutted-child-restraint-bill-of-most-important-964179.html

Port Orange Republican Dorothy Hukill's legislation restricting seclusion and restraint of Florida schoolchildren earned the state representative national notice.

"Florida was going to be the model for other states to follow," said Lori Mcllwain, a spokeswoman for the 10,000-member American Autism Association.

By the time it got to the governor's desk, though, Hukill's bill was stripped of its toughest provision: Instead of banning prone restraint, the bill was altered to bar restraint that can restrict a child's breathing.

"They took a good bill that had protective language for children with disabilities and gutted the bill, took out all the safety precautions," said Phyllis Musumeci, a mother whose son was forcibly held in a prone restraint more than 20 times at a Palm Beach County school. The Autism Association agreed: In a 180-degree turn, the group urged a letter writing campaign to persuade Gov. Charlie Crist to veto the bill.

"Was it as strong as I would have liked it to be? No," said Hukill of the new law, which took effect this year. "Am I delighted that we are finally addressing the problem? Absolutely."

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Even so, parts of the new law may not be as effective as hoped. Take training. Provisions call for enhanced training to offset risk. When it comes to prone restraint, though, Ohio's search of national literature doesn't support that idea, said Michael Rench, Ohio Rehabilitative Services Commission Administrator. Ohio last year banned prone restraint by most government employees, including teachers. "Everything we found was that it just is not safe even when applied by well-trained individuals," he said. As an example, Mark Kamleiter, a St. Petersburg lawyer and former public school behavioral specialist said prone restraint frequently calls for two or more people to apply force. One person may know the amount of force he is applying, but wouldn't necessarily know how much force the other person is applying. "You can hurt the child by accident," he points out.

For instance, 12-year-old Michael Wiltsie died in an Ocala youth camp in 2000 after a counselor pinned him to the ground. A grand jury found that the counselor was following proper procedures.

"You cannot train a person how to safely do a prone restraint," said Barbara Trader, executive director of TASH, a Washington advocacy group for people with disabilities. "It's not possible."

To read the full article, please follow the link: http://www.palmbeachpost.com/news/schools/florida-gutted-child-restraint-bill-of-most-important-964179.html

NJ: Restraints used by NJ educators to curb unruly behavior under scrutiny

Excerpt from APP.com:

It's been called "the dirty little secret'' of special education.

New Jersey gives public and private schools a virtual free pass to forcibly restrain unruly children with disabilities.

School employees can use "bear hugs,'' "basket holds'' and "take downs'' … which sound more like wrestling moves than anything you'd expect to see in school … and keep children confined in "time-out'' rooms until they calm down.

Last year, congressional investigators uncovered hundreds of cases of alleged abuse and at least 20 deaths related to the use of restraints and seclusion in U.S. schools since 1990.

State law also allows school employees to use extreme measures to control severely autistic children who habitually injure themselves by banging their heads, biting their hands or other compulsive behaviors. The techniques include spraying water or noxious chemicals in kids' faces, snapping their wrists with rubber bands or putting hot sauce on their tongues, disability rights advocates say.

Educators and crisis-intervention experts say restraining holds and other forceful methods are sometimes necessary, as a last resort, to protect children and others from harm. Moreover, they reflect the serious behavior problems schools have to contend with today, especially in special education.

For more information, please click on the following link: http://www.app.com/article/20100505/SPECIAL20/100504060/1024/POLITICS/Restraints-used-by-NJ-educators-to-curb-unruly-behavior-under-scrutiny

Announcement: National Autism Association Urges FL Governor's Refusal of Flawed Restraint/Seclusion Bill

Excerpt from National Autism Association:

Gutted bill strips away ability to prevent abusive treatments of children in Florida classrooms

TALLAHASSEE, Fla., May 5 /PRNewswire-USNewswire/ -- The National Autism Association (NAA) today is asking parents and advocates for children to contact Florida governor Charlie Crist, urging that he not sign legislation that has been stripped of its original intent to protect children from harmful restraint and seclusion practices in Florida schools. This alarming trend is on the rise nationwide.

A May, 2009 report from the Government Accountability Office (GAO) brought to light incidents of abusive classroom treatments of our nation's schoolchildren that have resulted in serious injury and death. Often the children subjected to these practices have diagnoses of autism or related disorders. The GAO report revealed deaths from "mechanical compression to the chest," or "smothering." One schoolchild died from restraint following a seizure, another died from hanging himself in a seclusion room. Other cases included a four-year-old girl who was tied to a chair and abused, five children who were duct-taped to their desks, and a ten-year-old boy who was put in a seclusion room "75 times over a 6-month period for hours at a time for offenses such as whistling, slouching and hand-waving."

The original Florida bill, SB 2118: Use of Seclusion and Restraint on Students with Disabilities, was written with significant parental input that no longer existed in the version passed by the Florida state Senate last Thursday. According to Port St. Lucieparent Anna Moore, whose son Isaiah was brutally restrained while at school in 2007, "This version of the bill is a disgrace. I don't see the protections from the dangerous and even deadly restraint and seclusion practices that are being used on our most vulnerable children. If anything, I am worried it will do more harm than good for children subjected to these inhumane treatments."

Among the concerns of Mrs. Moore and other parents are that the bill:

• Allows schools to wait 3 school days before mailing the incident report to parents. If a child was restrained on Friday, it is likely a parent would not receive an incident report until the following Friday or Monday thereafter.
• Does not afford parents any rights if they disagree with a practice used or believe a child was abused.
• Allows school districts to self-monitor restraint/seclusion events with no independent oversight. Data does not go to federal Department of Education and does not include information about prior complaints from parents regarding district's failure to provide proper supports/services according to IDEA.
• Does not require public reporting of data.
• Allows school districts to decide their own policies on data collection, incident reporting, and monitoring with no independent oversight.
• Does not adequately define or address the use of seclusion/solitary confinement which has resulted in severe abuse in numerous cases.
• Fails to provide prohibition against the use of aversive interventions that compromise health and safety.
• Fails to require that Applied Behavior Analysis or other Positive Behavior Interventions that are evidence-based be used to prevent behaviors or training for such interventions.
• Fails to designate penalties for violations.

For more information, please click on the following link: http://www.prnewswire.com/news-releases/national-autism-association-urges-florida-governors-refusal-of-flawed-restraint--seclusion-bill-92874484.html

MA: Governor Signs Anti-bullying Legislation

“Bullying is not a normal piece of childhood,’’ he said. “Emotional and physical abuse is more than, as they say, kids just being kids.’’

Excerpt from Boston.com:

Governor Deval Patrick signed an extensive antibullying law yesterday, as a family, still grieving an 11-year-old’s suicide, stood witness.

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[Sirdeaner] Walker, a Springfield mother who has become a national advocate against bullying, said the law would be a legacy to her son, Carl Joseph Walker-Hoover, as well as to Prince, a South Hadley student who hanged herself in January after ceaseless abuse from classmates.

The law, which advocates call one of the toughest in the nation, prohibits physical, emotional, and online taunting and mandates training for faculty and students. It requires school staff to notify parents about incidents and harassment under the umbrella of bullying behavior.

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Patrick, surrounded by 30 third-graders from East Brookfield Elementary School, sounded a theme echoed by several officials who spoke about the new law: While new protections and reporting requirements are important in elevating the issue and giving tools to schools and families, he said, they alone will not solve the problem.

“Bullying is not a normal piece of childhood,’’ he said. “Emotional and physical abuse is more than, as they say, kids just being kids.’’

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Walker praised the new law and said she is also working to pass federal legislation that would, among other things, focus on added protections and tracking for groups most often targeted, including gay and disabled students.

“This is not about criminalizing bullying, but about preventing bullying through education,’’ said Walker, who hugged and caressed her 7-year-old son, Charles, and 5-year-old daughter, Gloria, as they fidgeted through the 35-minute ceremony.

For the full story, please click the following link: http://www.boston.com/news/local/massachusetts/articles/2010/05/04/grieving_family_by_his_side_governor_signs_legislation/

ACTION ALERT: Missouri HB 1543

Forwarded message from Ange Hemmer of MO Families against Seclusion & Restraint:

**Note: This [bill] effects ALL students, but disproportianatley effects children with disabilitites. Legislators state that the intent of the of the bill is to protect teachers, but the law (even if unintentionally) would leave students at serious risk.**

Missouri HB 1543, a proposed state omnibus bill dealing in part to improve school safety, is continuing the use of corporal punishment in schools and adding the vague language “use of force to protect persons or property”. This bill is far from the minimal standards set forth by proposed federal legislation HR 4247 and SB 2860.

• HB 1543 (state): http://www.house.mo.gov/content.aspx?info=/bills101/bills/hb1543.htm
• HR 4247 (federal): http://edlabor.house.gov/documents/111/pdf/markup/FC/HR4247-PreventingHarmfulRestraintandSeclusioninSchoolsAct/MILLCA_171_xml.pdf

The proposed language in Missouri HB 1543 does not protect teachers or students in several ways:

• Does not define “use of force,” “to protect persons or property,” “reasonable,” or “certificated personnel”
• Does not require notification to parents if schools apply “use of force” or “spanking”
• Does allow any school personnel to apply “use of force” but only allows “certificated personnel” to apply “spanking” (certificated in what?)
• Does not require any follow up (such as a visit to school nurse) to ensure applying “use of force” or “spanking” was in fact “reasonable” nor any methods as to avoid future applying of “use of force” or “spanking”
• Does not ban proven deadly “use of force” (restraints) such as those that restrict breathing (e.g., prone restraint)
• Does not ban “spanking”. There was an amendment to ban spanking of special education students, but this has been withdrawn as of 2/10/2010
• Does not allow Children's services to conduct an investigation if abuse allegations are due to “spanking” or “use of force to protect persons or property”. (To understand more about the convoluted investigation process, go herehttp://dss.mo.gov/cd/pdf/guidelines_can_reports.pdf.)

Who determines what is “reasonable”?

We would like to believe that school districts and school personnel can determine, with good judgment, what constitutes what is “reasonable”, but even stories over the past month show this not to be the case (see below). Not all schools or teachers are bad and many, if not most, have good judgment and intent; however, this bill does not protect those students who are attending schools or who have teachers that are using poor judgment and are abusing corporal punishment and/or use of force nor does it protect students or personnel when personnel hasn’t had access to adequate training and support.

• Feb. 2, 2010: Queens girl Alexa Gonzalez hauled out of school in handcuffs after getting caught doodling on desk:http://www.nydailynews.com/ny_local/education/2010/02/05/2010-02-05_cuffed_for_doodling_on_a_desk.html
• Feb. 4, 2010: Two-inch LEGO gun gets 4th-grader in trouble: http://today.msnbc.msn.com/id/35234742/ns/today-today_people/
• Feb. 8, 2010: Mom upset with corporal punishment at son’s New Mexico school (note pictures): http://bit.ly/dsuFWH
• Current and ongoing: Missouri mom’s testimony regarding extensive use of force on 6 year old with disability:http://nomoseclusion.blogspot.com/2010/01/young-boys-story.html

Corporal punishment/use of force

According to The Center for Effective Discipline, Missouri is one of only 20 states that still allows corporal punishment (in Missouri’s case “spanking” is allowed) in schools: http://www.stophitting.com/index.php?page=statesbanning

• Corporal punishment and “use of force” is used much more often on poor children, minorities, children with disabilities, and boys: http://www.aclu.org/human-rights/impairing-education-html#toc19
• Schools are the only institutions in America in which striking another person is legally sanctioned. It is not allowed in prisons, in the military or in mental hospitals. Schools are also the only place where use of restraint and seclusion remains mostly unregulated: http://www.gao.gov/new.items/d09719t.pdf

Missouri model policy in progress

Experts in the state of Missouri (designated as such by DESE in agreement with Missouri statute) agree that the use of force such as restraint and seclusion should only be used in cases of imminent harm and that certain forms of restraint should not be used (e.g., prone restraint). Local, state, and national experts in the fields of education and behavior management agree that focus should be on de-escalation and positive methods of preventing behavior.

• Current statute in Missouri: http://nomoseclusion.blogspot.com/2009/11/current-statutes-in-missouri.html
• Official minutes of DESE meeting regarding restraint (use of force) and seclusion: http://docs.google.com/Doc?docid=0AcxWbMnTyx1iZGc1ZDh2ZGdfNWh0bXo5emY5&hl=en
• Crisis Prevention Institute, Inc. Presents to Missouri Department of Education: http://www.crisisprevention.com/whatsnew/(3^rd article down)

Federal legislation in progress

The federal government is currently working on legislation to avoid the misuse and abuse of seclusion and restraint (a type of “use of force”) in part because states and local school districts shave failed to do so. The federal bills in progress (HR 4247 and SB 2860) are consistent with the Children’s Health Act of 2000 and federal protections already in place in other settings.

• Bill text: http://edlabor.house.gov/documents/111/pdf/markup/FC/HR4247-PreventingHarmfulRestraintandSeclusioninSchoolsAct/MILLCA_171_xml.pdf
• General information: http://edlabor.house.gov/blog/2009/12/preventing-harmful-restraint-a.shtml

Take action: protect the teachers and the students

• Call your state representatives and senators and tell them that the provision regarding “spanking” and “use of force” in HB 1543 does not protect teachers, students, or school districts. At a minimum, Missouri should:
• Ban deadly “use of force” (i.e., restraints) such as those that restrict breathing (e.g., prone restraint)
• Define what is “reasonable”, for example in other areas as of HB 1543 “acts of violence” is used and in federal bill “imminent harm” is used
• Ban corporal punishment
• Require parent permission/notification when “use of force” or “spanking” (if left in bill) is applied
• Require minimal training in positive interventions, de-escalation, and safe methods of “use of force”
• Call your federal representatives and tell them to support HR 4247 and SB 2860. We need a minimal federal baseline to keep students and school staff safe. It is clear that even with current information, states such as Missouri are missing the point!

Government Contacts

• Missouri House Elementary and Secondary Education Committee (state): http://house.mo.gov/content.aspx?info=/bills101/commit/com455.htm
• Missouri Joint Committee on Education (state): http://www.senate.mo.gov/jced/index.htm
• Missouri Senate Education Committee (state): http://www.senate.mo.gov/10info/comm/educ.htm
• Missouri Governor Jay Nixon (state): http://governor.mo.gov/contact/
• Missouri congressional members (federal): http://nomoseclusion.blogspot.com/2009/12/how-to-contact-congress.html

Ange Hemmer
Missouri: Families Against Seclusion and Restraint

MO: HB 1543 - Corporal Punishment and the Use of Force

February 8, 2010

By: Jennifer Searcy

Founder/Director of Public Policy & Affairs

HB 1543, a new bill on corporal punishment and the use of force, has been introduced into (and is quickly moving through) the Missouri House of Representatives.

Ange Hemmer, our colleague from Missouri Families Against Restraint and Seclusion, has written a blog post which explains her concerns with HB 1543. While we are analyzing this bill more fully, we wanted to share Ange's concerns with this bill with our readers - concerns which we also share. Here's an excerpt from her most recent post:

HB 1543, an omnibus bill dealing in part to improve school safety, is currently moving its way through the Missouri House of Representatives. It is my understanding that this bill, which looks a lot like HB 96 from last year, was discussed in the Education Committee last Wednesday.

Among the amendments adopted was one that bans corporal punishment of special education (IEP) students. This is great news for those who have been identified as special educated students, but is Missouri going to continue to fight to keep corporal punishment legal in Missouri schools?

Besides that issue, there is the continuing problem where school districts are left to conduct their own investigations if there are abuse allegations after spanking or use of force to protect persons or property. Children's services would not be allowed to conduct an investigation unless the school district finds itself liable for abuse.

As in last year's bill, "use of force" and "property destruction" are not defined, and since Missouri does not ban prone restraint (or other harmful methods of "force"), a child can legally be held face down for property destruction as minor as ripping up paper. In other words, what is happening currently to this child will continue to be LEGAL.

We detailed our concerns about HB 96 in this post from January 31, 2009: http://tcfpbis.blogspot.com/2009/01/action-alert-mo-house-bill-96-school.html

Please read the new bill and form your own opinions. And if you have any questions or concerns, please consider taking the following actions:

Consider emailing us at tcfpbis@gmail.com with HB 1543 in the subject line to discuss this further.

Contact the Missouri House Special Standing Committee on Children and Families :
http://house.mo.gov/content.aspx?info=/bills101/commit/com488.htm and Elementary and Secondary Education Committee: http://house.mo.gov/content.aspx?info=/bills101/commit/com455.htm

And the Missouri Senate Education Committee: http://www.senate.mo.gov/10info/comm/educ.htm and theJoint Committee on Education: http://www.senate.mo.gov/10info/comm/statutory/jced.htm

Bipartisan Legislation to Prevent Abuse in Schools Clears House Committee

UNITED STATES CONGRESS

Thursday, February 4, 2010

Melissa Salmanowitz (Miller) 202.226.0853

Todd Weiner (McMorris Rodgers) 202.225.2006

Bipartisan Legislation to Prevent Abuse in Schools Clears House Committee

WASHINGTON, D.C. – The House Education and Labor Committee today passed bipartisan legislation to make classrooms safer for students and school staff by preventing the misuse of restraint and seclusion. The Committee passed the Preventing Harmful Restraint and Seclusion in Schools Act (H.R. 4227) by a vote of 34 to 10.

A U.S. Government Accountability Office report released last spring exposed hundreds of cases of schoolchildren 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. In some of the cases GAO investigated, ropes, duct tape, chairs with straps and bungee cords were used to restrain or isolate young children.

“This bill makes clear that there is no place in our schools for abuse and torture,” said U.S. Rep. George Miller (D-CA), chairman of the House Education and Labor Committee. “The egregious abuse of a child should not be considered less criminal because it happens in a classroom -- it should be the opposite. I’m proud that this bill has bipartisan support and I hope the full House will vote on it soon.”

“I’m pleased that H.R. 4247, the Preventing Harmful Restraint and Seclusion in Schools Act, was reported out of Committee today. This is a victory for students, parents, families, educators, and advocates who have worked tirelessly to ensure the health and safety of children in schools,” said U.S. Rep. Cathy McMorris Rodgers (R-WA), a member of the House Education and Labor Committee and vice chair of the House Republican Conference.

“When I send my son Cole to school, I send him with the expectation that he is safe from danger. Yet, there have been hundreds of cases in which schoolchildren were harmed as a result of inappropriate uses of restraint and seclusion. Our bill is a long stride forward in ensuring that our tax dollars are not used to abuse children. I look forward to working with Chairman Miller and my colleagues to pass this bill through Congress this year, and have it signed into law.”

Unlike in hospitals and other medical and community-based facilities that receive federal health funding, there are currently no federal laws addressing restraint and seclusion in schools. While the Children’s Health Act of 2000 regulates how and when restraint and seclusion can be used on children in these other settings, this bill would cover schools for the first time. State regulation and oversight varies greatly; many states provide no guidance or assistance regarding these behavioral interventions.

The Preventing Harmful Restraint and Seclusion in Schools Act will, for the first time, put in place minimum safety standards to prevent abusive restraint and seclusion in schools across the country, similar to protections already in place in medical and community based facilities. After two years, states will need to have their own policies in place to meet these minimum standards. It would apply to public schools, private schools and preschools receiving federal education support.

Specifically the legislation would:

· 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;

· 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 legislation embodies principles outlined by the Obama administration in December. It has the support of nearly 100 organizations, including the National School Boards Association, the National Education Association, and the American Federation of Teachers. See a full list of supporters here:

http://edlabor.house.gov/blog/2010/01/supporters-of-the-preventing-h.shtml

Miller first requested the GAO investigation in January 2009, after the National Disability Rights Network released a report highlighting these abuses.

For more information about the bill, click here.

To learn more about definitions in the bill, click here.

To learn more about the myths/facts in regards to this bill, click here.

Restraint & Seclusion Legislation/Hearing Feb 4, 2010

News ● U.S. House of Representatives

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EDUCATION & LABOR COMMITTEE

Congressman George Miller, Chairman

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ADVISORY FOR Thursday, February 4, 2010

Press Office, 202-226-0853

Advisory: House Education Committee to Consider Legislation to Protect Children From Abuse in Schools

WASHINGTON, D.C. – On Thursday, February 4^th, the House Education and Labor Committee will consider legislation that will protect schoolchildren from harmful uses of restraint and seclusion in their classrooms.

A recent investigation by the U.S. Government Accountability Office found hundreds of allegations that children have been abused, and some even died, as a result of misuses of restraint and seclusion in public and private schools, often at the hands of untrained staff. Unlike in hospitals and other medical and community-based facilities that receive federal health funding, there are currently no federal laws addressing restraint and seclusion in schools.

The Preventing Harmful Restraint and Seclusion in Schools Act (H.R. 4247) is the first national effort to address this troubling problem and ensure the safety of everyone involved – both students and school staff. It would establish minimum safety standards in schools and increase transparency, oversight and enforcement to prevent future abuse, among other things. Learn more here: http://edlabor.house.gov/blog/2009/12/preventing-harmful-restraint-a.shtml.

WHAT: Full Committee Mark-Up of H.R. 4247 “The Preventing Harmful Restraint and Seclusion in Schools Act”

WHEN: Thursday, February 4, 2009

11:00 a.m. ET

WHERE: House Education and Labor Committee Hearing Room

2175 Rayburn House Office Building, Washington, D.C.

Note: This hearing will be webcast live from the Education and Labor Committee website. You can access the webcast when the hearing begins at 11:00 am Eastern here.

FL: Media Advisory - REPRESENTATIVE HUKILL TO HOLD PRESS CONFERENCE ON RESTRAINT AND SECLUSION BILL

Florida House of Representatives

Representative Dorothy L. Hukill

District 28

*MEDIA ADVISORY*

Contact: Lindsey Swindle

Phone: 386-316-9033

1/11/2010 4:30 PM

REPRESENTATIVE HUKILL TO HOLD PRESS CONFERENCE ON RESTRAINT AND SECLUSION BILL

Tallahassee – On Wednesday, January 13th, State Representative Dorothy L. Hukill (R-Port Orange) will hold a press conference on House Bill 81, which restricts the use of restraint and seclusion on students with disabilities. The legislation would ban the use of seclusion rooms and restrict the use of manual physical restraint to emergency situations as well as require incidents to be reported and tracked. Florida currently has no regulations in place on the use of restraint or seclusion.

While under supervision or due to lack of proper supervision, there have been many instances of students dying or being severely traumatized from being restrained or placed in seclusion. Some children do to their physical limitations are unable to speak out against this type of treatment. This bill serves to create a safe environment for all students and school personnel. House Bill 81 has been endorsed by numerous disability rights groups, many of whom will have representatives join Representative Hukill in speaking. The press conference will be on Wednesday January 13^th, on the 4^th floor rotunda of The Capitol building, 400 South Monroe Street, Tallahassee, Florida 32399-1300.

WHO: State Representative Dorothy L. Hukill, Parents of children restrained or placed into seclusion rooms, Representatives of disability rights groups.

WHAT: Press Conference on House Bill 81

WHEN: Wednesday January 13th, 2010 at 11:00am

WHERE: 4^th Floor Rotunda, Capitol Building, Tallahassee, Florida.

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