Great News - HB1073 Restraint & Seclusion Bill Passed!

[Guest guest]

Great news. HB1073 just passed the House. Congratulations to all who worked so hard to make it happen.

HB1073 Persons with Disabilities: Revises provisions relating to licensure & standards for facilities & programs for persons with developmental disabilities; requires minimum training for child care personnel to include identification & care of children with developmental disabilities; provides requirements for use of seclusion & restraint on public school students with disabilities; requires Commissioner of Education to develop recommendations to incorporate instruction relating to developmental disabilities into continuing education or inservice training requirements for instructional personnel.

Regards,

Ven Sequenzia

President

Autism Society of America

State of Florida Chapter

[Guest guest]

What does this actually mean? Are the guidelines going to be more stringent, in who restrains a child, how they are trained? My child was being restrained every week, until we took him out of the public school. Does this mean it would happen less often? Perhaps, they would actually look for an antecdent, rather than going straight to a restraint?

Subject: Great News - HB1073 Restraint & Seclusion Bill Passed!To: VSequenzia@...Date: Friday, April 30, 2010, 1:25 PM

Great news. HB1073 just passed the House. Congratulations to all who worked so hard to make it happen.

HB1073 Persons with Disabilities: Revises provisions relating to licensure & standards for facilities & programs for persons with developmental disabilities; requires minimum training for child care personnel to include identification & care of children with developmental disabilities; provides requirements for use of seclusion & restraint on public school students with disabilities; requires Commissioner of Education to develop recommendations to incorporate instruction relating to developmental disabilities into continuing education or inservice training requirements for instructional personnel.

Regards, Ven Sequenzia President Autism Society of America State of Florida Chapter

[Guest guest]

What does this actually mean? Are the guidelines going to be more stringent, in who restrains a child, how they are trained? My child was being restrained every week, until we took him out of the public school. Does this mean it would happen less often? Perhaps, they would actually look for an antecdent, rather than going straight to a restraint?

Subject: Great News - HB1073 Restraint & Seclusion Bill Passed!To: VSequenzia@...Date: Friday, April 30, 2010, 1:25 PM

Great news. HB1073 just passed the House. Congratulations to all who worked so hard to make it happen.

HB1073 Persons with Disabilities: Revises provisions relating to licensure & standards for facilities & programs for persons with developmental disabilities; requires minimum training for child care personnel to include identification & care of children with developmental disabilities; provides requirements for use of seclusion & restraint on public school students with disabilities; requires Commissioner of Education to develop recommendations to incorporate instruction relating to developmental disabilities into continuing education or inservice training requirements for instructional personnel.

Regards, Ven Sequenzia President Autism Society of America State of Florida Chapter

[Guest guest]

What does this actually mean? Are the guidelines going to be more stringent, in who restrains a child, how they are trained? My child was being restrained every week, until we took him out of the public school. Does this mean it would happen less often? Perhaps, they would actually look for an antecdent, rather than going straight to a restraint?

Subject: Great News - HB1073 Restraint & Seclusion Bill Passed!To: VSequenzia@...Date: Friday, April 30, 2010, 1:25 PM

Great news. HB1073 just passed the House. Congratulations to all who worked so hard to make it happen.

HB1073 Persons with Disabilities: Revises provisions relating to licensure & standards for facilities & programs for persons with developmental disabilities; requires minimum training for child care personnel to include identification & care of children with developmental disabilities; provides requirements for use of seclusion & restraint on public school students with disabilities; requires Commissioner of Education to develop recommendations to incorporate instruction relating to developmental disabilities into continuing education or inservice training requirements for instructional personnel.

Regards, Ven Sequenzia President Autism Society of America State of Florida Chapter

[Guest guest]

The restraint and seclusion bill in its original format was one

giant step forward but after they removed all the necessary safeguards for

disabled children it became one giant step backwards. Whereas many may think

something is better than nothing, that something may end up doing more harm

than good.

From:

sList [mailto:sList ] On Behalf

Of sara

Sent: Saturday, May 01, 2010 8:18 AM

To: sList

Subject: Re: Great News - HB1073 Restraint & Seclusion

Bill Passed!

What does this actually mean? Are the guidelines

going to be more stringent, in who restrains a child, how they are

trained? My child was being restrained every week, until we took him

out of the public school. Does this mean it would happen less

often? Perhaps, they would actually look for an antecdent, rather

than going straight to a restraint?

Subject: Great News - HB1073 Restraint & Seclusion Bill

Passed!

To: VSequenzia@...

Date: Friday, April 30, 2010, 1:25 PM

Great news. HB1073

just passed the House. Congratulations to all who worked so hard to make it

happen.

HB1073 Persons with Disabilities: Revises provisions

relating to licensure & standards for facilities & programs for

persons with developmental disabilities; requires minimum training for child

care personnel to include identification & care of children with

developmental disabilities; provides requirements for use of seclusion &

restraint on public school students with disabilities; requires Commissioner

of Education to develop recommendations to incorporate instruction relating

to developmental disabilities into continuing education or inservice training

requirements for instructional personnel.

Regards,

Ven Sequenzia

President

Autism Society of America

State of Florida Chapter

[Guest guest]

Most advocates including myself will disagree with you as far as the restraint & seclusion part goes....... HB81 protected our children but it was striped down & added to HB1073. Everyone needs to read HB1073.....

Concerns:

They must turn the light on when they seclude a child. (In many cases disabled children were being locked in dark closets, no one has been held accountable for doing that. This is the best we can do to protect children from the unneccessay & over use? )

They can not lock, hold the door shut etc.. when they seclude your child. (They were never suppose to have locks on these doors in the first place but they did it anyway! They have never held accountable for it either. Who will hold them accountable after now? )

They must notify the parents & report to the FLDOE when they restrain & seclude your child. (They try to hide R & S from the parents on most occasions. Do you believe schools will tell on them selves & be honest about the incidents? I personally have experienced how they lie & hide evidence.)

The Bill does not justify when, for how long R & S can be used. (They use to only be able to use it in imminent danger to self, others & property. They couldnt follow that rule then & now it is not clear when then should restrain or seclude. There is no timeline on seclusion. I do not see any justification in this Bill. Do you?)

It prohibts restraints that stop breathing. ( Which restraints stop breathing? Who will determine if the child can breath or not? )

I want nothing more then for our children to have a Law to address restraint & seclusion but it must protect them. To say something is better then nothing isnt good enough when it comes to life & death for our most vulnerable children. Why is it so difficult to stop abusive practices on disabled children in public school? Our children deserve to be treated with dignity & respect. I tried to find some positive things in this Bill, I want to support it so much, because our children need protection so desperately. It just isnt clear enough & I just dont see the protection. I am very scared for our disabled children.

We have to hope we will be allowed to fix this next session.

America's Forgotten Children

[Guest guest]

Most advocates including myself will disagree with you as far as the restraint & seclusion part goes....... HB81 protected our children but it was striped down & added to HB1073. Everyone needs to read HB1073.....

Concerns:

They must turn the light on when they seclude a child. (In many cases disabled children were being locked in dark closets, no one has been held accountable for doing that. This is the best we can do to protect children from the unneccessay & over use? )

They can not lock, hold the door shut etc.. when they seclude your child. (They were never suppose to have locks on these doors in the first place but they did it anyway! They have never held accountable for it either. Who will hold them accountable after now? )

They must notify the parents & report to the FLDOE when they restrain & seclude your child. (They try to hide R & S from the parents on most occasions. Do you believe schools will tell on them selves & be honest about the incidents? I personally have experienced how they lie & hide evidence.)

The Bill does not justify when, for how long R & S can be used. (They use to only be able to use it in imminent danger to self, others & property. They couldnt follow that rule then & now it is not clear when then should restrain or seclude. There is no timeline on seclusion. I do not see any justification in this Bill. Do you?)

It prohibts restraints that stop breathing. ( Which restraints stop breathing? Who will determine if the child can breath or not? )

I want nothing more then for our children to have a Law to address restraint & seclusion but it must protect them. To say something is better then nothing isnt good enough when it comes to life & death for our most vulnerable children. Why is it so difficult to stop abusive practices on disabled children in public school? Our children deserve to be treated with dignity & respect. I tried to find some positive things in this Bill, I want to support it so much, because our children need protection so desperately. It just isnt clear enough & I just dont see the protection. I am very scared for our disabled children.

We have to hope we will be allowed to fix this next session.

America's Forgotten Children

[Guest guest]

This should be the final bill.

http://www.myfloridahouse.gov/Sections/Documents/loaddoc.aspx?FileName=_h1073er.docx & DocumentType=Bill & BillNumber=1073 & Session=2010

Regards,

Ven Sequenzia

President

Autism Society of America

State of Florida Chapter

Re: Great News - HB1073 Restraint & Seclusion Bill Passed!

Ven,

you indicate that the bill "provides requirements for use of seclusion & restraint on public school students with disabilities"

Do you know what those requirements are?

Does this mean that seclusion & restraint will continue?

Is seclusion & restraint to be used for gen ed students or just students with disabilities?

I am reading many complaints about the bill, so I'm respectfully hoping you can indicate the better points!

Thanks,

Diane

[Guest guest]

Sadly this bill is a load of B.S., what has changed? That they have to notify you now and if they do prevent your child from breathing or worse, kill them, they now MAY have some accountability?? And as Steve said below now your child gets humiliation, segregation and abuse, lit up. For those with children who have been affected by R and S, this is unacceptable. It doesn’t take the danger away.

From: Steve

Sent: Monday, May 03, 2010 6:18 PM

To: sList

Subject: Re: Great News - HB1073 Restraint & Seclusion Bill Passed!

This is from the Bill link that Ven supplied:189 1003.573 Use of seclusion and restraint on students with disabilities.190(1) DOCUMENTATION AND REPORTING.— 191(a) A school shall prepare an incident report within 24 192 hours after a student is released from restraint or seclusion.(4) PROHIBITED RESTRAINT.—School personnel may not use a 268 mechanical restraint or a manual physical restraint that 269 restricts a student's breathing. 270(5) SECLUSION.—School personnel may not close, lock, or 271 physically block a student in a room that is unlit and does not 272 meet the rules of the State Fire Marshal for seclusion time-out 273 rooms. It does not look like restraint will be reduced or prohibited, but the school will send you a note. And if your kid is put in a closet (time out room) they have to leave the light on, just like Motel 6Steve Moyer>> > This should be the final bill. > > http://www.myfloridahouse.gov/Sections/Documents/loaddoc.aspx?FileName=_h1073er.docx & DocumentType=Bill & BillNumber=1073 & Session=2010> > > Regards, > Ven Sequenzia > President > Autism Society of America > State of Florida Chapter > > > > > > Re: Great News - HB1073 Restraint & Seclusion Bill Passed!> > > > > > Ven,> > you indicate that the bill "provides requirements for use of seclusion & restraint on public school students with disabilities"> > Do you know what those requirements are?> > Does this mean that seclusion & restraint will continue?> > Is seclusion & restraint to be used for gen ed students or just students with disabilities?> > I am reading many complaints about the bill, so I'm respectfully hoping you can indicate the better points!> > Thanks,> > Diane>

[Guest guest]

From what I understand this bill is nothing like the original

bill. Gutted by special interests(schools/teachers)etc,

and is now a shell and doesn’t protect our children at all.

Sherry

[Guest guest]

I totally agree this law does not protect our children.

Ana

To: sList Sent: Tue, May 4, 2010 11:25:42 AMSubject: Re: Great News - HB1073 Restraint & Seclusion Bill Passed!

From what I understand this bill is nothing like the original bill. Gutted by special interests(schools/ teachers) etc, and is now a shell and doesn’t protect our children at all.

Sherry

[Guest guest]

Ven,

Thanks for the link.

The positive thing I saw about the bill was the mention of the necessity to properly document several things including the following:

". The student's behavior leading up to and precipitating the decision to use manual physical restraint or seclusion, including an indication as to why there was an imminent risk of serious injury or death to the student or others. "

However, I did not see where in the bill it indicates that indeed, restraint or seclusion should not be used UNLESS serious injury or death is imminent. The only mention is with regard to DOCUMENTATION of it, not whether R & S is allowable ONLY when serious injury/death is imminent.

I'm assuming that the link is to the entire bill. Do you know if the bill even indicates under what circumstance R & S is allowable?

The parts where it indicates that Seclusion is OK as long as the room is LIT, and restraint is ok as long as the child can BREATHE are as follows:

"(4) PROHIBITED RESTRAINT.—School personnel may not use a mechanical restraint or a manual physical restraint that restricts a student's breathing.

(5) SECLUSION.—School personnel may not close, lock, or physically block a student in a room that is unlit and does not meet the rules of the State Fire Marshal for seclusion time-out rooms. "

It's hard to believe that there has to be a law that explicity states the LIGHT MUST BE on when secluding a DISABLED student. What does the "D" in FDOE stand for? Dungeon?

And the fact that a LAW must be enacted that explicity ensures the LIVING BREATH of a restrained disabled student can only be described as unthinkable. And unthinkable is actually putting it lightly considering we are talking about CHILDREN at SCHOOL whose behavior is a result of their DISABILITY.

Respectfully, other than the implication of the above "serious injury/death" component apparently existing only through the "documentation" section, what other specific part of the bill causes you to think that the bill is "great" news? Since you are a well-respected leader of the autism community in Florida, your insight and knowledge would be most appreciated!

Thank you,

Diane

[Guest guest]

PROHIBITED RESTRAINT.—School personnel may not use a mechanical restraint or a manual physical restraint that restricts a student's

breathing.May not? what about a list of the restraints that can and cannot be used? If it's not spelled out in the law it's open to "interpretation"..SECLUSION.—School personnel may not close, lock, or physically block a student in a room that is unlit and does not meet the rules of the State Fire Marshal for seclusion time-out rooms. "Yeap, as long as there's light in the room...We all know about the budget cuts and all the schools that have lost their behavior

specialists...so, who will be responsible for taking data, documenting escalating behaviors, and above all, who will be making the determination about the need for R & S to be put into effect in any given occasion?I'm doing the happy dance right now...Sent from my iPhone

Ven,

Thanks for the link.

The positive thing I saw about the bill was the mention of the necessity to properly document several things including the following:

". The student's behavior leading up to and precipitating the decision to use manual physical restraint or seclusion, including an indication as to why there was an imminent risk of serious injury or death to the student or others. "

However, I did not see where in the bill it indicates that indeed, restraint or seclusion should not be used UNLESS serious injury or death is imminent. The only mention is with regard to DOCUMENTATION of it, not whether R & S is allowable ONLY when serious injury/death is imminent.

I'm assuming that the link is to the entire bill. Do you know if the bill even indicates under what circumstance R & S is allowable?

The parts where it indicates that Seclusion is OK as long as the room is LIT, and restraint is ok as long as the child can BREATHE are as follows:

"(4) PROHIBITED RESTRAINT.—School personnel may not use a mechanical restraint or a manual physical restraint that restricts a student's breathing.

(5) SECLUSION.—School personnel may not close, lock, or physically block a student in a room that is unlit and does not meet the rules of the State Fire Marshal for seclusion time-out rooms. "

It's hard to believe that there has to be a law that explicity states the LIGHT MUST BE on when secluding a DISABLED student. What does the "D" in FDOE stand for? Dungeon?

And the fact that a LAW must be enacted that explicity ensures the LIVING BREATH of a restrained disabled student can only be described as unthinkable. And unthinkable is actually putting it lightly considering we are talking about CHILDREN at SCHOOL whose behavior is a result of their DISABILITY.

Respectfully, other than the implication of the above "serious injury/death" component apparently existing only through the "documentation" section, what other specific part of the bill causes you to think that the bill is "great" news? Since you are a well-respected leader of the autism community in Florida, your insight and knowledge would be most appreciated!

Thank you,

Diane

[Guest guest]

PROHIBITED RESTRAINT.—School personnel may not use a mechanical restraint or a manual physical restraint that restricts a student's

breathing.May not? what about a list of the restraints that can and cannot be used? If it's not spelled out in the law it's open to "interpretation"..SECLUSION.—School personnel may not close, lock, or physically block a student in a room that is unlit and does not meet the rules of the State Fire Marshal for seclusion time-out rooms. "Yeap, as long as there's light in the room...We all know about the budget cuts and all the schools that have lost their behavior

specialists...so, who will be responsible for taking data, documenting escalating behaviors, and above all, who will be making the determination about the need for R & S to be put into effect in any given occasion?I'm doing the happy dance right now...Sent from my iPhone

Ven,

Thanks for the link.

The positive thing I saw about the bill was the mention of the necessity to properly document several things including the following:

". The student's behavior leading up to and precipitating the decision to use manual physical restraint or seclusion, including an indication as to why there was an imminent risk of serious injury or death to the student or others. "

However, I did not see where in the bill it indicates that indeed, restraint or seclusion should not be used UNLESS serious injury or death is imminent. The only mention is with regard to DOCUMENTATION of it, not whether R & S is allowable ONLY when serious injury/death is imminent.

I'm assuming that the link is to the entire bill. Do you know if the bill even indicates under what circumstance R & S is allowable?

The parts where it indicates that Seclusion is OK as long as the room is LIT, and restraint is ok as long as the child can BREATHE are as follows:

"(4) PROHIBITED RESTRAINT.—School personnel may not use a mechanical restraint or a manual physical restraint that restricts a student's breathing.

(5) SECLUSION.—School personnel may not close, lock, or physically block a student in a room that is unlit and does not meet the rules of the State Fire Marshal for seclusion time-out rooms. "

It's hard to believe that there has to be a law that explicity states the LIGHT MUST BE on when secluding a DISABLED student. What does the "D" in FDOE stand for? Dungeon?

And the fact that a LAW must be enacted that explicity ensures the LIVING BREATH of a restrained disabled student can only be described as unthinkable. And unthinkable is actually putting it lightly considering we are talking about CHILDREN at SCHOOL whose behavior is a result of their DISABILITY.

Respectfully, other than the implication of the above "serious injury/death" component apparently existing only through the "documentation" section, what other specific part of the bill causes you to think that the bill is "great" news? Since you are a well-respected leader of the autism community in Florida, your insight and knowledge would be most appreciated!

Thank you,

Diane

[Guest guest]

You're welcome. My only intent of the notification of the bill passing, was to let people know about it. There were several amendments made to the original filed version and I understand that the bill is much weaker than originally intended by the people involved in trying to pass it. I had no involvement in the bill, other than advocating its passage without the amendments that were added. Unfortunately, it did not pass the way it should have. However, it does have some language that doesn't currently exist (as you mentioned) to at least notify parents in addition to some other positive things. I would direct questions to Sylvia from the Advocacy Center. She was intimately involved in trying to limit amendments and not let the bill get watered down the way it did.

In hindsight, I should not have put "Great News" in the subject line of the email I sent. It is obviously okay news, at best.

Regards,

Ven Sequenzia

President

Autism Society of America

State of Florida Chapter

Re: Great News - HB1073 Restraint & Seclusion Bill Passed!

Ven,

Thanks for the link.

The positive thing I saw about the bill was the mention of the necessity to properly document several things including the following:

". The student's behavior leading up to and precipitating the decision to use manual physical restraint or seclusion, including an indication as to why there was an imminent risk of serious injury or death to the student or others. "

However, I did not see where in the bill it indicates that indeed, restraint or seclusion should not be used UNLESS serious injury or death is imminent. The only mention is with regard to DOCUMENTATION of it, not whether R & S is allowable ONLY when serious injury/death is imminent.

I'm assuming that the link is to the entire bill. Do you know if the bill even indicates under what circumstance R & S is allowable?

The parts where it indicates that Seclusion is OK as long as the room is LIT, and restraint is ok as long as the child can BREATHE are as follows:

"(4) PROHIBITED RESTRAINT.—School personnel may not use a mechanical restraint or a manual physical restraint that restricts a student's breathing.

(5) SECLUSION.—School personnel may not close, lock, or physically block a student in a room that is unlit and does not meet the rules of the State Fire Marshal for seclusion time-out rooms. "

It's hard to believe that there has to be a law that explicity states the LIGHT MUST BE on when secluding a DISABLED student. What does the "D" in FDOE stand for? Dungeon?

And the fact that a LAW must be enacted that explicity ensures the LIVING BREATH of a restrained disabled student can only be described as unthinkable. And unthinkable is actually putting it lightly considering we are talking about CHILDREN at SCHOOL whose behavior is a result of their DISABILITY.

Respectfully, other than the implication of the above "serious injury/death" component apparently existing only through the "documentation" section, what other specific part of the bill causes you to think that the bill is "great" news? Since you are a well-respected leader of the autism community in Florida, your insight and knowledge would be most appreciated!

Thank you,

Diane

[Guest guest]

The reporting part is fine but that isnt going to kill children if we dont have it. Does anyone actually think the school is going to tell on their selves? If they do report does anyone think they will tell the truth? Every child will be called unruly & endangering themselves & others. Your childs word against theirs only now they can do it legally.... This is so sad I cant believe this is the best they could do after the GAO report.

[Guest guest]

The reporting part is fine but that isnt going to kill children if we dont have it. Does anyone actually think the school is going to tell on their selves? If they do report does anyone think they will tell the truth? Every child will be called unruly & endangering themselves & others. Your childs word against theirs only now they can do it legally.... This is so sad I cant believe this is the best they could do after the GAO report.

[Guest guest]

Ven,

With regard to the restraint & seclusion portion of the bill, (which is what is behind the major thrust of the bill, as I understand it), even if you think that the bill is "just ok", please indicate the part that you think is just ok.

I'm simply having a hard time comprehending that with all the apparent parental push for the bill, that the end result could only be language that indicates "lights on" and "let the student breathe freely" and NOTHING MORE. (That is, except for the documentation thereof, which STILL doesn't address that which is allowed or that which is prohibited and the circumstances for each, etc.)

I understand, as you indicated, that you didn't write the bill, and I'm not saying otherwise. However, you seemed at first to be greatly behind it, and still now "kind of" behind it; and so I'm just respectfully asking--given that you are a strong spokesperson for the autism community in Florida and given that you did want to herald the bill's passing on 's list--to please, if you are AT ALL behind the bill, to tell us WHY so that we too can see why its worthy of anything more than repulsion at its lack of anything prohibitive to R & S, and its contrary "granting" of LIGHT and BREATH to disabled students.

If you, and also ANYONE, can shed light on ANTHING POSITIVE about the bill in regard to R & S, please please share your insights.

Sincerely,

Diane Rosenstein

[Guest guest]

All those who worked to get the bill passed worked hard for the

original version and the final  stripped it of any significant value and as a

result it has no safeguards for abuse. In other words children will continue  to

be abused with improper restraint. I have to admit that it is a huge big step

but it is a big step backwards. Once this bill takes effect you will see

nothing done to improve it as is evidenced by the lack of insurance law

improvements. But if this monstrosity gets passed and you think the Governor

should pass it, the next incident that occurs is your responsibility. Be

careful what you ask for because you might get it.

  

From:

sList [mailto:sList ] On Behalf

Of JLACP@...

Sent: Friday, May 07, 2010 2:43 PM

To: sList

Cc: vsequenzia@...

Subject: Re: Re: Great News - HB1073 Restraint &

Seclusion Bill Passed!

and all: From my point of view, it looks like we

should be urging the

Governor to sign this Bill and we should be thanking all those

who worked to get this passed. This is a huge first step for Florida and

for our children. There is absolutely nothing in current existing

statute that even addresses the issue of R & S. On July 1, 2010 there

will be. There will be a path forward. So, thank you Ven

for your advocacy and efforts in so many legislative issues this year and in

past years as well. And thanks to all the parents, and sponsors, and

organizations that persevered from beginning to end

and got the Bill to the Governor's desk.

Lucille

See http://ga1.org/consumeradvocacy/CR_050710_advctr.html?member_key=xkksi634v7ebw7ej &

for the entire report by FLORIDA CHAIN, but here is an excerpt:

Because of leadership by Senator Andy Gardiner and Representatives

Dorothy Hukill and Marcelo Llorente, Florida’s first state law to

address the dangers of inappropriate use of seclusion and restraint on students

with disabilities in schools is now headed to the Governor’s desk.

While many issues still need legislative attention in future

years, beginning on July 1, 2010, the following new protections will go into place.

·

Prohibition of a mechanical or manual physical restraint that restricts a

student’s breathing.

·

Prohibition of closing, locking, or blocking a student in a room that is unlit

and does not meet rules of the State Fire Marshal for seclusion time-out rooms.

·

Requirement

of an incident reports within 24 hours and almost immediate notification to

parents and guardians.

·

Requirement

to distribute incident reports to parents, guardians, principal, district

special education director, and state special education bureau chief for

monitoring purposes at all levels.

In a message dated 5/7/2010 10:22:46 A.M. Eastern Daylight Time,

vsequenzia@... writes:

Please read my responses below.

Regards,

Ven Sequenzia

President

Autism Society of America

State of Florida Chapter

Re: Great News - HB1073 Restraint & Seclusion Bill

Passed!

Ven,

With regard to the restraint & seclusion portion of the bill,

(which is what is behind the major thrust of the bill, as I understand it),

even if you think that the bill is " just ok " , please indicate

the part that you think is just ok. The fact that they did away with the specific language and it

is vague about what is allowed and left up to interpretation, is unfortunate.

However, the notification portion and the training requirements are good.

I'm simply having a hard time comprehending that with all the

apparent parental push for the bill, that the end result could only be language

that indicates " lights on " and " let the student breathe

freely " and NOTHING MORE. (That is, except for the documentation

thereof, which STILL doesn't address that which is allowed or that which is

prohibited and the circumstances for each, etc.) Nobody is happy about the language

that was removed. As I stated to the National Autism Association in a phone

call yesterday, I agree that the language is very loose and it shouldn't

have been changed. That being said, the fact is there are no safeguards of any kind currently

in statute. This statute has mandatory notification which

is very important. It also has training about developmental

disabilities and Positive Behavior Supports training for all pre-k thru

12th grade teache rs (not only teachers working with disabilities). I think

that these three things are very important and would ultimately limit or reduce

the amount of incidents. Currently, districts have their own policy

or no policy at all, about notification. I would think if a parent were

notified about the restraint or seclusion, they would be able to respond

quickly to remove their child from the situation or have a dialogue about the

issue and lastly can call an emergency IEP meeting to address concerns. Right

now, they don't know it is even happening.

I understand, as you indicated, that you didn't write the bill,

and I'm not saying otherwise. However, you seemed at first to be

greatly behind it, and still now " kind of " behind it;

and so I'm just respectfully asking--given that you are a strong spokesperson

for the autism community in Florida and given that you did want to herald

the bill's passing on 's list--to please, if you are AT ALL behind the

bill, to tell us WHY so that we too can see why its worthy of anything more

than repulsion at its lack of anything prohibitive to R & S, and its contrary

" granting " of LIGHT and BREATH to disabled students. I think my comments

above state why I think this bill should be signed by the Governor.

If you, and also ANYONE, can shed light on ANTHING

POSITIVE about the bill in regard to R & S, please please share your

insights.

Sincerely,

Diane Rosenstein