Wednesday, March 3, 2010

U.S. House approves H.R. 4247: The Keeping All Students Safe Act - bill to restrict use of restraint and seclusion in U.S. schools

This evening, March 3, 2010, the U.S. House of Representatives passed by a vote of 262 to 153, the House Committee on Education and Labor Substitute for H.R. 4247, formerly known as the "Preventing Harmful Restraint and Seclusion in Schools Act", and now renamed,

H.R. 4247: The Keeping All Students Safe Act.

From the press release from the House Committee on Education and Labor
"...The Keeping All Students Safe Act would establish, for the first time, minimum federal standards to provide equal protections to all students, in every state across the country. It would make clear that physical restraint or locked seclusion should be used only when there is imminent danger of injury and only when imposed by trained staff. It would prohibit mechanical restraints, such as strapping children to chairs, misusing therapeutic equipment to punish students or duct-taping parts of their bodies and any restraint that restricts breathing.

It would also prohibit chemical restraint, which are medications used to control behavior that are not consistent with a doctor’s prescription.

The bill would prohibit school staff from including restraint or seclusion as planned interventions in student’s education plans, known as Individualized Education Programs (IEPs). It would also require schools to notify parents immediately after incidents when restraint or seclusion was used...
"





If H.R. 4247 progresses to Federal law, it would apply to all public and private schools which accept Federal funding, and all states would be expected to comply with, if not exceed, the conditions specified in the bill.

Some private schools are seeking exemption from the conditions of the bill, and some advocates are proposing that the Act apply to all schools, public or private, whether Federally funded or not.

For further reading and reference

Status and text page of H.R. 4247 at Thomas.gov


Press Release House Committee on Education & Labor
House Approves Bill to Protect Schoolchildren from Harmful Restraint and Seclusion
March 3, 2010 4:54 PM

Ahead Of House Vote, Private Schools Seek Restraint, Seclusion Exemption
By Michelle Diament
Disabilityscoop
March 2, 2010


Association of Professional Behavior Analysts (APBA)
Previous posts
Tuesday, March 2, 2010
U.S. House floor debate anticipated this week on H.R. 4247: Preventing Harmful Restraint and Seclusion in Schools Act

Thursday, February 4, 2010
Federal Legislation: U.S. House Committee on Education & Labor passes bill to regulate use of restraint and seclusion in U.S. schools 

© 2010 Regina G. Claypool-Frey
Disclaimer: This blog publishes news and announcements only as a service to interested persons, the posts are the responsibility of the individual author, and unless otherwise noted do not constitute nor claim to represent the official position of ABA International, its officers or associated entities. This blog makes no representation as to the accuracy of the report and readers are strongly encouraged to consult and reference the primary sources noted.
 
550 W. Centre Ave., Portage MI 49024-5364
Phone: (269) 492-9310 | Fax: (269) 492-9316 | E-mail: mail@abainternational.org