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]

http://tinyurl.com/2bubzg8Sara, there is NEVER a time when a school should use restraint as treatment.

From: vsequenziaaol (DOT) com <vsequenziaaol (DOT) com>Subject: Great News - HB1073 Restraint & Seclusion Bill Passed!To: VSequenziaaol (DOT) comDate: 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]

http://tinyurl.com/2bubzg8Sara, there is NEVER a time when a school should use restraint as treatment.

From: vsequenziaaol (DOT) com <vsequenziaaol (DOT) com>Subject: Great News - HB1073 Restraint & Seclusion Bill Passed!To: VSequenziaaol (DOT) comDate: 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]

http://tinyurl.com/2bubzg8Sara, there is NEVER a time when a school should use restraint as treatment.

From: vsequenziaaol (DOT) com <vsequenziaaol (DOT) com>Subject: Great News - HB1073 Restraint & Seclusion Bill Passed!To: VSequenziaaol (DOT) comDate: 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]

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]

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]

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]

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]

,Do you work for yourself or a company/agancy?Sent from my iPhone

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 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 6

Steve 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]

http://tinyurl.com/2faeg43--- Subject: Re: Re: Great News - HB1073 Restraint & Seclusion Bill Passed!To: sList Date: Monday, May 3, 2010, 11:44 AM

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]

http://tinyurl.com/2faeg43--- Subject: Re: Re: Great News - HB1073 Restraint & Seclusion Bill Passed!To: sList Date: Monday, May 3, 2010, 11:44 AM

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]

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]

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]

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]

Since the original bill went through such a negative transition,

it would have made more sense to me  to actively campaign against it then to passively

accept it. In many ways children are at a greater risk than without the bill. If

this bill results in any unjust injury to our children you not only can blame

the legislators but anyone who supported the bill in its final form.

From:

sList [mailto:sList ] On Behalf

Of vsequenzia@...

Sent: Tuesday, May 04, 2010 4:15 PM

To: sList

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

Seclusion Bill Passed!

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]

Since the original bill went through such a negative transition,

it would have made more sense to me  to actively campaign against it then to passively

accept it. In many ways children are at a greater risk than without the bill. If

this bill results in any unjust injury to our children you not only can blame

the legislators but anyone who supported the bill in its final form.

From:

sList [mailto:sList ] On Behalf

Of vsequenzia@...

Sent: Tuesday, May 04, 2010 4:15 PM

To: sList

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

Seclusion Bill Passed!

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]

Since the original bill went through such a negative transition,

it would have made more sense to me  to actively campaign against it then to passively

accept it. In many ways children are at a greater risk than without the bill. If

this bill results in any unjust injury to our children you not only can blame

the legislators but anyone who supported the bill in its final form.

From:

sList [mailto:sList ] On Behalf

Of vsequenzia@...

Sent: Tuesday, May 04, 2010 4:15 PM

To: sList

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

Seclusion Bill Passed!

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]

Maybe we are asking too much of our educators: Turn the light on

and make sure to room can pass a fire inspection.

From:

sList [mailto:sList ] On Behalf

Of Gabi

Sent: Tuesday, May 04, 2010 3:57 PM

To: sList

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

Seclusion Bill Passed!

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]

Maybe we are asking too much of our educators: Turn the light on

and make sure to room can pass a fire inspection.

From:

sList [mailto:sList ] On Behalf

Of Gabi

Sent: Tuesday, May 04, 2010 3:57 PM

To: sList

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

Seclusion Bill Passed!

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]

Maybe we are asking too much of our educators: Turn the light on

and make sure to room can pass a fire inspection.

From:

sList [mailto:sList ] On Behalf

Of Gabi

Sent: Tuesday, May 04, 2010 3:57 PM

To: sList

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

Seclusion Bill Passed!

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