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On April 15, 2010 the the Healthy Families and Communities Subcommittee of the U.S. House Committee on Education & Labor heard testimony on the topic of
Corporal Punishment in Schools and its Effect on Academic Success
Among the four witnesses to the Subcommittee was Donald E. Greydanus, M.D., FAAP, of Michigan State University's Kalamazoo Center for Medical Studies, who stated in his written testimony,
"...Research notes that corporal punishment [defined as the intentional application of physical pain as a method of behavior change - see testimony for specific named practices and citations] constructs an environment of education that can be described as unproductive, nullifying, and punitive. Children become victims, and trepidation is introduced to all in such a classroom. There is a limited (if any) sense of confidence and security; even those children who witness this type of abuse are robbed of their full learning potential...
It is critical that teachers receive adequate training and resources to help them effectively maintain classroom control without resorting to violent or aggressive techniques.2 One way to accomplish this is to provide teachers, both during pre-service and in-service training, with the ability to employ behavior management techniques that promote pro-social classroom interactions among the students; this would also promote a positive learning environment for those students..."
The other witnesses were Jana Frieler, President-Elect of the National Association of Secondary School Principals; Wynell Gilbert, a high-school teacher testifying on behalf of the Jefferson County Federation of Teachers; and Linda Pee, a Mississippi parent. All of the witnesses testified against the use of corporal punishment.
It is reported that currently there is no U.S. federal regulation on corporal punishment in schools although thirty states have prohibited the practice. The twenty remaining states are primarily in the South. A recent Washington Post article reports that the Chairperson of the Subcommittee, Representative Carolyn McCarthy, plans to introduce in a matter of weeks a resolution to ban the use of corporal punishment in U.S. Schools.
Among the citations and references supplied to the Subcommittee by Dr. Greydanus were,
- Cameron, J, & Pierce, W.D. (1993). Reinforcement, reward, and intrinsic motivation: A meta-analysis. Reviews of Educational Research, 64(3), 363-423.
- Sulzer-Azaroff, B., & Mayer, G. R. (1977). Applying behavior-analysis procedures with children and youth. New York: Holt, Rinehart and Winston.
- Sulzer-Azaroff, B., & Mayer, G. R. (1986). Achieving educational excellence: Using behavioral strategies. New York: Holt, Rinehart & Winston.
For further information
Corporal Punishment in Schools and its Effect on Academic Success
Healthy Families and Communities Subcommittee Hearing 10:00 AM, April 15, 2010 2175 Rayburn H.O.B
Washington, DC
You Tube channel of the House Committee on Education & Labor
ACLU/HRW Statement on Corporal Punishment in Public Schools for Healthy Families and Communities Subcommittee Hearing
April 15, 2010
Past related posts
Wednesday, April 14, 2010
Federal news: Congressional Committees focus on ESEA overhaul; advocates warming up to urge passage of Restraint & Seclusion bills in Senate HELP Committee
© 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.
A report from the Providence Journal describes the hearing held Wednesday in the Rhode Island legislature's Committee on Health Education and Welfare regarding
H.7260 ENTITLED, AN ACT RELATING TO INSURANCE -- AUTISM SPECTRUM DISORDERS The legislative history for 4/14/2010 for the meeting shows that the Committee has recommended that the measure be held for further study
For further reading
Parents push for autism coverage
01:00 AM EDT on Thursday, April 15, 2010
By Gina Macris
Journal Staff Writer. The Providence Journal
Past blog post
Wednesday, April 7, 2010
State legislation: Rhode Island - autism insurance bill HB 7260 scheduled for Committee hearing on Wed. April 14, 2010
© 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.
The two bills that would establish Federal regulation of the use of restraint and seclusion in U.S. Schools and their prohibition in Individualized Education Plans (IEPs), are currently in the U.S. Senate Committee on Health, Education, Labor, & Pensions (HELP). The House Committee on Education and Labor is examining the use of corporal punishment in schools and the effect on academic achievement.
Both H.R. 4742 4247and S. 2860 are assigned to the HELP Committee. H.R. 4247: "Keeping All Students Safe Act " was passed in the U.S. House March 3, 2010; the similar S. 2860 "A bill to protect students from inappropriate seclusion and physical restraint, and for other purposes" was also introduced by Senator Chris Dodd (CT) in December 2009 and assigned to HELP at that time, but has not yet been heard by the Committee.
With the Senate returning from its 2-week break, advocacy groups have begun "phone-in" days for S. 2860, urging Committee action for passage in the current Congress.
On a related note, the House Committee on Education and Labor will be holding a Healthy Families and Communities Subcommittee meeting on Thursday, April 15, 2010, 10:00 AM, 2175 Rayburn H.O.B Washington, DC. Witness to be announced.
The topic of the hearing is " Corporal Punishment in Schools and its Effect on Academic Success".
Both Committees are also actively taking testimony in the overhaul and re-authorization of the Elementary and Secondary Education Act (ESEA), currently known as "No Child Left Behind".
Past blog post
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
© 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.
April 20, 2010 is the deadline for submitting public comment to the initial draft recommendations to the fifth version of the Diagnostic and Statistical Manual of Mental Disorders, aka DSM-5.
After April 20, the draft will still be available for viewing, but comments will no longer be taken.
The anticipated release of the completed DSM-5 is May 2013 to coordinate with the scheduled U.S. implementation on October 1, 2013 of the International Classification of Diseases-10-Clinical Modification (ICD-10-CM) (World Health Organization/WHO) codes for all Medicare/Medicaid claims reporting. Chapter V of the ICD-10-CM is Mental and behavioral disorders. A related development is that the ICD is also in revision to ICD-11 - that revised version is expected to be released in 2014 or 2015.
Past post
Wednesday, February 10, 2010
Initial draft revision of the DSM-V unveiled Wednesday, February 10, 2010; comments requested until April 20, 2010
© 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.
Call for Public Comment through May 31, 2010: Principles for Quality Undergraduate Education in Psychology
----------------------------- "The APA Board of Educational Affairs (BEA) has posted the Principles for Quality Undergraduate Education in Psychology (Draft, January 2010) for review and comment. These recommendations were developed following the 2008 APA National Conference on Undergraduate Education in Psychology.
In accordance with Association Rule 30-8, BEA is circulating the Principles for Quality Undergraduate Education in Psychology to APA governance groups, APA Divisions, State Psychological Associations, other organizations in psychology, departments and schools of psychology, and members of the public.
Feedback will be gathered through May 31, 2010. At the conclusion of public comment, the document will be circulated to all APA governance groups with a request that the Council of Representatives approve as Association policy the Principles for Quality Undergraduate Education in Psychology.
Instructions
All comments are to be submitted electronically via the Education Directorate Public Comment website at http://apaoutside.apa.org/EducCSS/Public/.
In order to submit comments, participants must first register. Registration requires participants to use an email address, and to develop a password.
Select the Principles for Quality Undergraduate Education in Psychology from the list of projects to view instructions, register, and to post comments. To submit feedback, please select "edit comments."
Comments may be submitted through May 31, 2010.
If you have any questions, contact Robin Hailstorks, PhD (RHailstorks@apa.org) or
Martha Boenau (MBoenau@apa.org) at 202-336-6140.
Martha Boenau | Associate Director, Office of Precollege and Undergraduate Programs Education Directorate American Psychological Association 750 First Street N E , Washington , DC 20002-4242 Tel: (202) 336-6140 | Fax: (202) 336-5962 email: mboenau@apa.org | www.apa.org ----------------------------- © 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.
On March 3, 2010 a bill drafted by the the Education Committee of the Connecticut General Assembly was introduced and assigned to this Committee,
HB 5425: AN ACT CONCERNING SPECIAL EDUCATION
The status page for HB 5425 shows that a Public Hearing is scheduled for
Monday, March 8, 2010.
HB 5425 would address different issues related to special education, and includes a clause related to a provision of applied behavior analysis to students with autism diagnoses whose IEPs call for such, provider qualifications for those services and one mechanism to increase pool of providers.
The text relevant to the practice of behavior analysis can be found in Section 2.,
page 5, [lines 127-158] Text is reformatted for readability; please consult bill for original.
Start of clause,
Sec. 2. (NEW) (Effective July 1, 2010)
(a) On and after July 1, 2012, local and regional boards of education shall provide applied behavior analysis services to those students with autism spectrum disorder whose individualized education plan or plan pursuant to Section 504 of the Rehabilitation Act of 1973 requires such services.
Such services shall be provided by a person who is - (1) subject to the provisions of subsection (b) of this section, licensed by the Department of Public Health or certified by the Department of Education and such services are within the scope of practice of such license or certificate, or
- (2) certified by the Behavior Analyst Certification Board as a behavior analyst or assistant behavior analyst, provided such assistant behavior analyst is working under the supervision of a certified behavior analyst.
For purposes of this section, "applied behavior analysis" means the design, implementation and evaluation of environmental modifications, using behavioral stimuli and consequences, including the use of direct observation, measurement and functional analysis of the relationship between the environment and behavior, to produce socially significant improvement in human behavior.
(b) If the Commissioner of Education determines that there are insufficient certified personnel available to provide applied behavior analysis services in accordance with the provisions of subsection (a) of this section, the commissioner may authorize the provision of such services by persons who:
- (1) Hold a bachelor's degree in a related field;
- (2) have completed
- (A) a minimum of nine credit hours of coursework from a course sequence approved by the Behavior Analyst Certification Board, or
- (B) coursework that meets the eligibility requirement to sit for the board certified behavior analyst examination;
- (3) are supervised by a board certified behavior analyst.
(c) Nothing in this section shall be construed to require the provision of applied behavior analysis services in an individualized education plan or plan pursuant to Section 504 of the Rehabilitation Act of 1973.
End of clause
-------------------------
Some recent events that provide additional background to H.B. 5425 is the January 13, 2010 submission of a report by the Connecticut Attorney General's Office to the Education Committee of the Connecticut General Assembly regarding the practice of behavior analysis within Connecticut schools, and the clauses in H.R. 5425 represent some of those recommendations.
Development of this report was specified and by 2009 Special Session passage of HB 6901,
now law as PA No. 09-1, as of 6/30/2009 stating,
"Sec. 12. (NEW) (Effective July 1, 2009) On or before January 1, 2010, the Attorney General, in consultation with the Commissioners of Education and Higher Education, shall report, in accordance with the provisions of section 11-4a of the general statutes, to the joint standing committee of the General Assembly having cognizance of matters relating to education on any investigation conducted regarding behavior analysis services for children with autism spectrum disorder performed in the state. Such report shall include any findings based on such investigation, recommendations for statutory changes and recommendations for an appropriate in-state certifying agency for behavioral analysis services." The Connecticut Education Law Blog provides some summary of the recommendations of the Attorney General's office.
For further reading and reference
Raised H.B. No. 5425 Session Year 2010
Bill Status
Bill text
State of Connecticut General Assemby
Legislative Action Center of the Connecticut Association for Behavior Analysis
Regarding the Attorney General Office Report
AG's Office Issues Report to Education Committee Re: BCBA Certification
Posted on February 20, 2010 by Michelle C. Laubin
Connecticut Education Law Blog
Link to the "Behavior Analyst Report to Education Committee"
[The report referenced in the blog post]
Connecticut Center for Child Development Links page
OLR Bill Analysis HB 6901:Emergency Certification AN ACT CONCERNING EDUCATOR CERTIFICATION AND PROFESSIONAL DEVELOPMENT AND OTHER EDUCATION ISSUES.SUMMARY:
© 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.
The NIH Basic Behavioral and Social Science Opportunity Network (OppNet) is seeking input from the scientific community, health professionals, patient advocates, and the general public about current and emerging priorities in basic behavioral and social sciences research (b-BSSR).
Please note that the deadline for responding to this RFI is Friday, February 19th, 2010. OppNet is seeking your help in identifying broad priority areas. The purpose of this RFI is not to solicit ideas for specific, individual research proposals.
OppNet Mission
The mission of OppNet is to pursue opportunities for strengthening basic behavioral and social science research (b-BSSR) at the NIH while innovating beyond existing investments.
OppNet Goals
OppNet advances basic behavioral and social science research through activities and initiatives that build a body of knowledge about the nature of behavior and social systems.
OppNet prioritizes activities and initiatives that focus on basic mechanisms of behavior and social processes; that are relevant to the missions and public health challenges of multiple NIH Institutes, Centers and Offices (ICOs); and that build upon existing NIH investments without replicating them.
Past and related posts
Thursday, February 11, 2010
Time sensitive RFI : The NIH Basic Behavioral and Social Science Opportunity Network (OppNet) is seeking YOUR input by February 19, 2010
Wednesday, February 10, 2010
Initial draft revision of the DSM-V unveiled Wednesday, February 10, 2010; comments requested until April 20, 2010
Thursday, February 11, 2010
Time sensitive request for comment: Interim final rules to the Mental Health Parity and Addiction Equity Act of 2008
© 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.
The U.S. Departments of Labor, Health and Human Services (HHS), and the Treasury on January 29, 2010 issued the awaited interim final rules [ http://edocket.access.gpo.gov/2010/pdf/2010-2167.pdf ] resulting from passage of the Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008 (MHPAEA). The notice/press release below outlines changes resulting from the passage of MHPAEA, and requests comment during a comment period of 90 days on certain areas of the interim final rules. While the notice/press release is retained in full, some areas have been highlighted and bulleted to emphasize important areas of the law's requirements, areas that comment are being requested for, how to submit comments on the MHPEA interim rules, and how to request materials in an alternative accessible format. ---------------------------------------- Paul Wellstone, Pete Domenici Parity Act prohibits discriminationWASHINGTON, Jan. 29 /PRNewswire-USNewswire/ -- The U.S. Departments of Labor, Health and Human Services (HHS), and the Treasury today jointly issued new rules providing parity for consumers enrolled in group health plans who need treatment for mental health or substance use disorders. "Today's rules will bring needed relief to families faced with meeting the cost of obtaining mental health and substance abuse services," said U.S. Secretary of Labor Hilda L. Solis. "The benefits will give these Americans access to greatly needed medical treatment, which will better allow them to participate fully in society. That is not just sound policy, it's the right thing to do."
"The rules we are issuing today will, for the first time, help assure that those diagnosed with these debilitating and sometimes life-threatening disorders will not suffer needless or arbitrary limits on their care," said Secretary of Health and Human Services Kathleen Sebelius. "I applaud the longstanding and bipartisan effort that made these important new protections possible."
"Workers covered by group health plans who need mental health and substance abuse care deserve fair treatment," said Deputy Treasury Secretary Neal Wolin. "These rules expand on existing protections to ensure that people don't face unnecessary barriers to the treatment they need." The new rules prohibit group health insurance plans — typically offered by employers — from restricting access to care by limiting benefits and requiring higher patient costs than those that apply to general medical or surgical benefits. The rules implement the Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008 (MHPAEA). MHPAEA greatly expands on an earlier law, the Mental Health Parity Act of 1996, which required parity only in aggregate lifetime and annual dollar limits between the categories of benefits and did not extend to substance use disorder benefits. The new law requires that - any group health plan that includes mental health and substance use disorder benefits along with standard medical and surgical coverage must treat them equally in terms of out-of-pocket costs, benefit limits and practices such as prior authorization and utilization review.
- These practices must be based on the same level of scientific evidence used by the insurer for medical and surgical benefits.
- For example, a plan may not apply separate deductibles for treatment related to mental health or substance use disorders and medical or surgical benefits. They must be calculated as one limit.
- MHPAEA applies to employers with 50 or more workers whose group health plans choose to offer mental health or substance use disorder benefits.
- The new rules are effective for plan years beginning on or after July 1, 2010.
The Wellstone-Domenici Act is named for two dominant figures in the quest for equal treatment of benefits. The late Sen. Paul Wellstone, D-Minn., who was a vocal advocate for parity throughout his Senate career, sponsored the ultimately successful full parity act. He was joined by former Sen. Pete Domenici, R-N.M., who first introduced legislation to require parity in 1992. Champions of the legislation also included the bipartisan team of Rep. Patrick Kennedy, D-R.I., and former Rep. Jim Ramstad, R-Minn. The issue of parity dates back more than 40 years to President John F. Kennedy, and also was supported by President Clinton and the late Sen. Edward Kennedy. The released interim final rules released today were developed based on the departments' review of more than 400 public comments on how the parity rule should be written. Comments on the interim final rules are still being solicited. - Sections where further comments are being specifically sought include so-called "non quantitative" treatment limits such as those that pertain to the
- scope and duration of covered benefits,
- how covered drugs are determined (formularies) and
- the coverage of step-therapies.
- Comments are also being specifically requested on the regulation's section on "scope of benefits" or continuum of care.
Comments on the interim final regulation are due 90 days after the publication date. Comments may be emailed to the federal rulemaking portal at http://www.regulations.gov. - Comments directed to HHS should include the file code CMS-4140-IFC.
- Comments to the Department of Labor should be identified by RIN 1210-AB30.
- Comments to the Treasury's Internal Revenue Service should be identified by REG-120692-09.
- Comments may be sent to any of the three departments and will be shared with the other departments.
- Please do not submit duplicates.
U.S. Department of Labor releases are accessible on the Internet at http://www.dol.gov. The information in this news release will be made available in alternate format (large print, Braille, audio tape or disc) from the COAST office upon request. Please specify which news release when placing your request at 202-693-7828 or TTY 202-693-7755. The Labor Department is committed to providing America's employers and employees with easy access to understandable information on how to comply with its laws and regulations. For more information, please visit http://www.dol.gov/compliance. SOURCE U.S. Department of Labor RELATED LINKS http://www.dol.gov------------------------------------ For more information:Federal Register: Tuesday, February 2, 2010Part IV: Department of the Treasury, Internal Revenue Service, 26 CFR Part 54 Department of Labor, Employee Benefits Security Administration, 29 CFR Part 2590 Department of Health and Human Services, Centers for Medicare & Medicaid Services, 45 CFR Part 146 Interim Final Rules Under the Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008; Final Rule http://edocket.access.gpo.gov/2010/pdf/2010-2167.pdfGood summary article of the rules release, application and comment submission Registration required to access. Interim rule issued on mental health parityModernHealthcare.com
By Jessica Zigmond
Posted: January 29, 2010 - 5:59 am ET© 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.
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