Here is H.R. 4247
http://www.opencongress.org/bill/111-h4247/show
And this is Senate Bill S.2860H.R.4247 - Keeping All Students Safe Act
To prevent and reduce the use of physical restraint and seclusion in schools, and for other purposes.
Sponsor
Representative
George Miller
D-CA
Official Summary
3/3/2010--Passed House amended. Keeping All Students Safe Act -
(Sec. 5)
Directs the Secretary of Education (Secretary) to establish minimum standards that:
(1) prohibit elementary and secondary school personnel from managing any student by using any mechanical or chemical restraint, physical restraint or escort that restricts breathing, or aversive behavioral intervention that compromises student health and safety;
(2) prohibit such personnel from using physical restraint or seclusion, unless such measures are required to eliminate an imminent danger of physical injury to the student or others and certain precautions are taken;
(3) require states to ensure that a sufficient number of school personnel receive state-approved crisis intervention training and certification in first aid and certain safe and effective student management techniques;
(4) prohibit physical restraint or seclusion from being written into a student's education plan, individual safety plan, behavioral plan, or individual education program as a planned intervention; and
(5) require schools to establish procedures to notify parents in a timely manner if physical restraint or seclusion is imposed on their child. Requires that when the physical restraint or seclusion of a student is required to eliminate an imminent danger of physical injury to such student or others, school personnel continuously monitor such student face-to-face or, if their safety is significantly compromised by such monitoring, remain in direct visual contact with the student. Directs the Secretary of the Interior to ensure that schools operated or funded by the Department of the Interior comply with such minimum standards.
(Sec. 6)
Requires states, within two years after the establishment of such standards and annually thereafter, to:
(1) provide the Secretary with their plan for meeting the standards, including a mechanism to effectively monitor and enforce them; and
(2) provide the Secretary and the public with certain information regarding incidents over the preceding academic year in which physical restraint or seclusion was used on a student. Directs the Secretary to enforce such requirements by withholding education funding from noncompliant states, requiring them to submit a corrective plan of action, or issuing a complaint to compel their compliance through a cease and desist order.
(Sec. 7)
Authorizes the Secretary to award three-year grants to states and, through them, competitive subgrants to local educational agencies (LEAs) to:
(1) establish, implement, and enforce policies and procedures to meet such standards;
(2) improve their capacity to collect and analyze data related to physical restraint and seclusion; and
(3) implement school-wide positive behavior supports. Requires LEAs to allow private school personnel to participate, on an equitable basis, in activities supported by such grants and subgrants. Requires state grantees, at the close of the grant period, to evaluate and report to the Secretary on their progress in preventing and reducing physical restraint and seclusion in schools. Authorizes the Secretary to allocate funds to the Secretary of the Interior to carry out such activities with regard to schools operated or funded by the Department of the Interior.
(Sec.
Directs the Secretary to conduct a national assessment of this Act's effectiveness and report the assessment's findings to Congress.
(Sec. 9)
Gives Protection and Advocacy Systems the authority provided under the Developmental Disabilities Assistance and Bill of Rights Act of 2000 to investigate, monitor, and enforce this Act's protections for students.
(Sec. 10)
Directs the Secretary of Health and Human Services (HHS) to establish standards for Head Start agencies that are consistent with the minimum standards for the management of elementary and secondary school students. Authorizes the Secretary to allocate funds to HHS to assist Head Start agencies in establishing, implementing, and enforcing policies and procedures to meet such standards.
(Sec. 12)
Authorizes appropriations for FY2011-FY2015.
(Sec. 13)
Expresses the presumption that this Act's grants will be awarded using competitive procedures based on merit. Requires the Secretary to submit an explanatory report to Congress when such procedures are not used.
(Sec. 14)
Prohibits funds appropriated to implement this Act from being used for congressional earmarks.
http://www.opencongress.org/bill/111-s2860/show
I would like everybody here (USA residents) to join me in a National Call-In Day on Tuesday, April 13, 2010, to tell your Senators to support the Preventing Harmful Restraint and Seclusion in Schools Act, S.2860, introduced in December 2009 by Senator Chris Dodd (D-CT). This legislation would provide students with and without disabilities vital protections against abuse in schools, and will cover the entire USA. Please inform your Senators about the importance of this legislation to the disability community and for health and safety all children, and ask for their support.S.2860 - Preventing Harmful Restraint and Seclusion in Schools Act
A bill to protect students from inappropriate seclusion and physical restraint, and for other purposes.
Sponsor
Senator
Christopher Dodd
D-CT
Official Summary
12/9/2009--Introduced.Preventing Harmful Restraint and Seclusion in Schools Act - Directs the Secretary of Education (Secretary) to establish minimum standards that:
(1) prohibit elementary and secondary school personnel from managing any student by using any mechanical or chemical restraint, physical restraint or escort that restricts breathing, or aversive behavioral intervention that compromises student health and safety;
(2) prohibit such personnel from using physical restraint or seclusion, unless such measures are required to eliminate an imminent danger of physical injury to the student or others and certain precautions are taken;
(3) require states and local educational agencies (LEAs) to ensure that a sufficient number of school personnel receive state-approved training and certification in first aid and certain safe and effective student management techniques;
(4) prohibit physical restraint or seclusion from being written into a student's education plan, individual safety plan, behavioral plan, or individual education program as a planned intervention; and
(5) require schools to establish procedures to quickly notify parents if physical restraint or seclusion is imposed on their child and quickly notify the state Protection and Advocacy System if the child is seriously injured or dies from such measures. Authorizes the Secretary to award grants to states and, through them, competitive subgrants to LEAs to:
(1) establish, implement, and enforce policies and procedures to meet such standards; and
(2) implement school-wide positive behavior supports. Directs the Secretary to conduct a national assessment of this Act's effectiveness. Gives Protection and Advocacy Systems the authority provided under the Developmental Disabilities Assistance and Bill of Rights Act of 2000 to investigate, monitor, and enforce this Act's protections for students. Directs the Secretary of Health and Human Services to establish standards for Head Start agencies that are consistent with the minimum standards for the management of elementary and secondary school students. Authorizes the Secretary to allocate funds to the Secretary of Health and Human Services to assist Head Start agencies in establishing, implementing, and enforcing policies and procedures to meet such standards.
Here is what you can do.
To find out the names of your US Senators click here:
http://www.senate.gov/general/contact_i ... rs_cfm.cfm
Contact the most you can
Ask to speak to the person working on education issues
Identify yourself as a constituent and the organization that you represent (if any)
If you want to email them, click in the Web form besides each name, attach parent testimonials
I hope our Senators have the intelligence to pass these bills.
For years, in our schools, it was usually disabled students who are often more severely punished than the more able-bodied students for minor indiscretions, and athletes receive no punishments at all for their misbehavior.
When I was in the 4th grade, I was suspended from school simply because I failed to climb a rope in the gymnasium even though I was doing well in all of my other academic subjects. It made no difference that I had a crippled up left knee due to a car accident at the age of 4 years, to thyem, that was no excuse, so I got suspended.
Things are even worse now than they were when I was in school.
There's a boarding school in Massachusetts where children are punished with electric shocks, are not allowed to socialize with other students, and food is often with-held, and sometime they are fed only mashed potatoes with dried liver powder sprinkled on it.
So, here in the USA, we torture children with mental or physical handicaps.
If they had done that to me when I was a kid, well, I would probably have ended up on death row and had been executed by now because I would have fucking killed any teacher who subjected me to electric shocks!
There is going to be a revolt in this country. Another Civil War.
Unless . . . . . we start reforming the educational system, RIGHT NOW, and I mean, like, YESTERDAY!!!
Otherwise, those of us who have been downtrodden, we will rise up and see all the crooked politicians and the over-privileged jocks dancing on the end of a short rope with their toes barely touching the ground.
I'm fat and sassy! I love to sing & dance & stomp my feet & really rock your world!
