Great News - HB1073 Restraint & Seclusion Bill Passed!

[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]

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]

I have read everything I can find on the net related to HB 1073. I too was dissapointed. The bill basically says that it is illegal to restrain a child so that he is unable to breathe, and that nobody should use a seclusion room that is not up to code (the room must be lit, ventilated etc.) I have attached the analyses here

Liz

To: sList Sent: Thu, May 6, 2010 3:54:24 PMSubject: 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.

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

1 of 1 File(s)

hb1073.pdf

[Guest guest]

I have read everything I can find on the net related to HB 1073. I too was dissapointed. The bill basically says that it is illegal to restrain a child so that he is unable to breathe, and that nobody should use a seclusion room that is not up to code (the room must be lit, ventilated etc.) I have attached the analyses here

Liz

To: sList Sent: Thu, May 6, 2010 3:54:24 PMSubject: 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.

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

1 of 1 File(s)

hb1073.pdf

[Guest guest]

I have read everything I can find on the net related to HB 1073. I too was dissapointed. The bill basically says that it is illegal to restrain a child so that he is unable to breathe, and that nobody should use a seclusion room that is not up to code (the room must be lit, ventilated etc.) I have attached the analyses here

Liz

To: sList Sent: Thu, May 6, 2010 3:54:24 PMSubject: 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.

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

1 of 1 File(s)

hb1073.pdf

[Guest guest]

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 teachers (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

[Guest guest]

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 teachers (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

[Guest guest]

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 teachers (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

[Guest guest]

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.

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

[Guest guest]

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.

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

[Guest guest]

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.

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

[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