Guest guest Posted April 1, 2010 Report Share Posted April 1, 2010 ----- Forwarded Message ----To: GRfood@...Sent: Thu, April 1, 2010 7:26:56 PMSubject: CAPITOL UPDATE HB 81 Relating to Use, Prevention, and Reduction of Seclusion and Restraint on Students with Disabilities in Public Schools by Hukill Cosponsors: , Brandenburg, Burgin, , Fresen, Glorioso, , Heller, Hudson, Jenne, Kiar, Llorente, McBurney, Nehr, Pafford, Planas, Porth, Precourt, Sachs, Schenck, Schultz, Schwartz, Skidmore, Soto, Stargel, Steinberg, Tobia, (T), Zapata Summary During the PreK-12 Policy Committee on March 25th, HB 81 passed! This marked the first time a bill on guidelines for Restraint and Seclusion had passed a committee. A House Proposed Committee Substitute (PCS) combined this bill with HB 1073(see next bill below). The original bill was laid on Table so from now on we will refer to the combined HB 1073. Advocates expected that the original bill language would be reduced. Unfortunately, there are two added provisions that significantly weaken the bill; 1)When there is an imminent risk of disruption or damage to the environment- Students with disabilities in Florida are currently being restrained and secluded for typical childhood behavior. Some of the current behaviors students with disabilities are being placed in restraint or seclusion for are things such as: refusing to do their work, crumpling up their paper when they are frustrated or talking back to a teacher when they don't want to comply with instructions. All of these things could be seen as a risk of disruption and are currently causing students with disabilities to be placed in restraint or secluded in small locked rooms. Students with disabilities are being mistreated due to their disability. Students without disabilities are only restrained when they are in a fight and they are almost never placed in locked seclusion rooms. 2) When authorized by a comprehensive behavior intervention plan (BIP) developed by a certified behavior analyst and approved by an individual educational plan (IEP) team- A student's IEP is meant to describe what educational supports and services a child with special needs will receive in order to benefit from the general education curriculum. An IEP is not meant to be an emergency plan. If a child is placing others in imminent danger it is an emergency. Certified Behavior Analysts are trained to use positive behavioral supports and use strategies to avoid the use of restraint and seclusion. Putting the use of restraint and seclusion on a child's IEP would indicate that it was expected to be used as part of their daily educational plan. Any child who is being restrained or secluded on a daily or even weekly basis does not have an educational plan that is effective. The Council is working to eliminate these provisions and add that Restraint and Seclusion shall not be included in students IEP or BIP. The Council has taken a position supporting the original bill. Council Position Effective Date: July 1, 2010 Actions 08/20/09 HOUSE Filed 0/01/09 HOUSE Referred to PreK-12 Policy Committee; Health Care Services Policy Committee; PreK-12 Appropriations Committee; Education Policy Council 03/25/10 HOUSE PCS combines this bill with H 1073; Original bill laid on Table, refer to combined H 1073 Similar Bills SB 2118 - Relating to Students with Disabilities/Seclusion/Restraint by Gardiner03/01/10 SENATE Referred to Education Pre-K - 12; Children, Families, and Elder Affairs; Education Pre-K - 12 Appropriations03/23/10 SENATE temporarily postponed by Education Pre-K - 12 HB 1073 Relating to Education of Children with Disabilities by Llorente SummaryThis bill is now combined with a revised version of HB 81(see above). The original text of HB 1073 is very similar to the original bill. The new bill version requires minimum training for child care personnel to include the identification and care of children with developmental disabilities. The bill provides requirements for use, monitoring, and reduction of unnecessary seclusion & restraint on students with disabilities in public schools. The bill also requires regional autism centers to provide certain support services for serving children with developmental disabilities. And finally, the bill requires the Department of Education to incorporate course curricula relating to developmental disabilities into existing requirements for continuing education or in-service training of instructional personnel. Effective Date: July 1, 2010 Actions 02/16/10 HOUSE Filed 03/01/10 HOUSE Referred to PreK-12 Policy Committee; Full Appropriations Council on Education & Economic Development; Health & Family Services Policy Council 03/25/10 HOUSE PCS Favorable by PreK-12 Policy Committee; 13 Yeas, 0 Nays; CS Combines this bill with H 0081 03/25/10 HOUSE Committee Substitute Text (C1) Filed 03/29/10 HOUSE Reference to Health & Family Services Policy Council removed; remaining reference: Full Appropriations Council on Education & Economic Development 03/29/10 HOUSE Now in Full Appropriations Council on Education & Economic Development Compare SB 2118 Relating to Students with Disabilities/Seclusion/Restraint... Gardiner 03/23/10 SB 2472 Relating to Education of Children with Disabilities... Storms 03/22/10 SB 2616 Relating to Students with Disabilities in Public Schools... Siplin 03/09/10 Quote Link to comment Share on other sites More sharing options...
Guest guest Posted April 1, 2010 Report Share Posted April 1, 2010 ----- Forwarded Message ----To: GRfood@...Sent: Thu, April 1, 2010 7:26:56 PMSubject: CAPITOL UPDATE HB 81 Relating to Use, Prevention, and Reduction of Seclusion and Restraint on Students with Disabilities in Public Schools by Hukill Cosponsors: , Brandenburg, Burgin, , Fresen, Glorioso, , Heller, Hudson, Jenne, Kiar, Llorente, McBurney, Nehr, Pafford, Planas, Porth, Precourt, Sachs, Schenck, Schultz, Schwartz, Skidmore, Soto, Stargel, Steinberg, Tobia, (T), Zapata Summary During the PreK-12 Policy Committee on March 25th, HB 81 passed! This marked the first time a bill on guidelines for Restraint and Seclusion had passed a committee. A House Proposed Committee Substitute (PCS) combined this bill with HB 1073(see next bill below). The original bill was laid on Table so from now on we will refer to the combined HB 1073. Advocates expected that the original bill language would be reduced. Unfortunately, there are two added provisions that significantly weaken the bill; 1)When there is an imminent risk of disruption or damage to the environment- Students with disabilities in Florida are currently being restrained and secluded for typical childhood behavior. Some of the current behaviors students with disabilities are being placed in restraint or seclusion for are things such as: refusing to do their work, crumpling up their paper when they are frustrated or talking back to a teacher when they don't want to comply with instructions. All of these things could be seen as a risk of disruption and are currently causing students with disabilities to be placed in restraint or secluded in small locked rooms. Students with disabilities are being mistreated due to their disability. Students without disabilities are only restrained when they are in a fight and they are almost never placed in locked seclusion rooms. 2) When authorized by a comprehensive behavior intervention plan (BIP) developed by a certified behavior analyst and approved by an individual educational plan (IEP) team- A student's IEP is meant to describe what educational supports and services a child with special needs will receive in order to benefit from the general education curriculum. An IEP is not meant to be an emergency plan. If a child is placing others in imminent danger it is an emergency. Certified Behavior Analysts are trained to use positive behavioral supports and use strategies to avoid the use of restraint and seclusion. Putting the use of restraint and seclusion on a child's IEP would indicate that it was expected to be used as part of their daily educational plan. Any child who is being restrained or secluded on a daily or even weekly basis does not have an educational plan that is effective. The Council is working to eliminate these provisions and add that Restraint and Seclusion shall not be included in students IEP or BIP. The Council has taken a position supporting the original bill. Council Position Effective Date: July 1, 2010 Actions 08/20/09 HOUSE Filed 0/01/09 HOUSE Referred to PreK-12 Policy Committee; Health Care Services Policy Committee; PreK-12 Appropriations Committee; Education Policy Council 03/25/10 HOUSE PCS combines this bill with H 1073; Original bill laid on Table, refer to combined H 1073 Similar Bills SB 2118 - Relating to Students with Disabilities/Seclusion/Restraint by Gardiner03/01/10 SENATE Referred to Education Pre-K - 12; Children, Families, and Elder Affairs; Education Pre-K - 12 Appropriations03/23/10 SENATE temporarily postponed by Education Pre-K - 12 HB 1073 Relating to Education of Children with Disabilities by Llorente SummaryThis bill is now combined with a revised version of HB 81(see above). The original text of HB 1073 is very similar to the original bill. The new bill version requires minimum training for child care personnel to include the identification and care of children with developmental disabilities. The bill provides requirements for use, monitoring, and reduction of unnecessary seclusion & restraint on students with disabilities in public schools. The bill also requires regional autism centers to provide certain support services for serving children with developmental disabilities. And finally, the bill requires the Department of Education to incorporate course curricula relating to developmental disabilities into existing requirements for continuing education or in-service training of instructional personnel. Effective Date: July 1, 2010 Actions 02/16/10 HOUSE Filed 03/01/10 HOUSE Referred to PreK-12 Policy Committee; Full Appropriations Council on Education & Economic Development; Health & Family Services Policy Council 03/25/10 HOUSE PCS Favorable by PreK-12 Policy Committee; 13 Yeas, 0 Nays; CS Combines this bill with H 0081 03/25/10 HOUSE Committee Substitute Text (C1) Filed 03/29/10 HOUSE Reference to Health & Family Services Policy Council removed; remaining reference: Full Appropriations Council on Education & Economic Development 03/29/10 HOUSE Now in Full Appropriations Council on Education & Economic Development Compare SB 2118 Relating to Students with Disabilities/Seclusion/Restraint... Gardiner 03/23/10 SB 2472 Relating to Education of Children with Disabilities... Storms 03/22/10 SB 2616 Relating to Students with Disabilities in Public Schools... Siplin 03/09/10 Quote Link to comment Share on other sites More sharing options...
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