Federal Legislative Initiatives and Students with E/BD. Antonis Katsiyannis Clemson University. Objectives. Discuss recent legislative initiatives Preventing Harmful Restraint and Seclusion in Schools Act Positive Behavior for Safe and Effective Schools Act
Discuss recent legislative initiatives
Review Recent case law
List CCBD Initiatives
Proposed by Reps. George Miller &Cathy McMorris-Rodgers
Status- This bill passed in the House of Representatives on 3-3-2010. It was received in the Senate and read twice and referred to the Committee on Health, Education, Labor, and Pensions (3-4-2010). This bill never became law.
Co-sponsor Senator Burr (NC) (10-15-10)
P & A groups have the authority to investigate, monitor, and enforce protections provided for students under this Act
C. N. v. Willmar Public Schools, 53 IDELR 251 (8th Cir. 2010)-the MN teacher did not violate student’s rights by restraining and secluding a student because restraint and seclusion were listed in child’s IEP
1. Was there a pedagogical justification?
2. Was the force utilized excessive in light of situation?
3. Was the force applied to in good faith to maintain/restore discipline of for the purpose of inflicting harm?
4. Was there a serious injury?
Proposed by Rep.Phil Hare
Status – referred to the Subcommittee on Early Childhood, Elementary, and Secondary Education (10-22-2009). This bill never became law.
Proposed by Dale E. Kildee
Provide Grants to Support Evidence-Based SEL
Conduct a National Evaluation of School-Based SEL Programs
Social and emotional skills are needed for youths success during and after their schooling
Social and emotional skills can be taught in ANY setting
Status – referred to the Subcommittee on Early Childhood, Elementary, and Secondary Education (1-4-2010). This bill never became law.
Proposed by Rep. Linda Sanchez
Status – referred to the Subcommittee on Early Childhood, Elementary and Secondary Education (5-14-2009). This bill never became law.
A disproportionate number of interns teach in schools in minority and low-income areas, there is a causal connection between the challenged regulation and quality of instruction