Update from Florida Developmemtal Disabilities Council

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From: Florida

Developmental Disabilities Council

Sent: Monday, March 16, 2009 3:57 PM

To: denisekarp@...

Subject: News from Florida Developmemtal Disabilities Council

Capitol

Update

March 16, 2009 Volume 9,

Issue3

Florida

Developmental Disabilities Council, Inc.

124 Marriott Drive, Suite 203, Tallahassee, FL 32301-2981

Phone: / ~ Fax: ~ TDD

/

www.fddc.org

Article Headline Provide Safe Guidelines for

Restraint of Children and Eliminate Seclusion and Prone Restraint

as a Form of Discipline or Behavioral Plan

The use of restraints or seclusion on children has had extremely

negative and tragic consequences. Injuries, trauma, and even death

are well documented consequences of the use of restraints or

seclusion.

Parents of children with developmental disabilities have pushed to

gain more access to mainstream schools and classrooms for their

sons and daughters. Unfortunately schools are using precisely the

sort of practices families hoped to avoid by steering clear of

institutionalized settings: takedowns, isolation rooms, restraining

chairs with straps, and worse.

As schools transition students with disabilities out of

segregated settings into regular education classrooms it is

critical that teachers and staff are trained and prepared to

provide the necessary support. Research demonstrates that

lack of teacher training can lead to inappropriate staff responses

to problem

behavior, thereby increasing the chances that student behavior will

escalate and become severe.

Research and practice have demonstrated the practical use and

benefits of functional behavioral assessment and positive

interventions for helping address behavior issues in children with

disabilities. Unfortunately, even with this information, we

continue to see over and over that the use of restraints or

seclusion has been the response of first choice in far too many

situations.

Policies should stress the importance of employing non-physical

techniques. They should emphasize prevention, positive behavioral

intervention strategies, and de-escalation techniques to help

students manage their own conduct. These practices teach children

to build social relationships and skills they need to progress to

adulthood. They also create an environment that values healthy

relationships and conflict resolution skills.

Please support Senator Gardiner's and Representative Sachs' bills,

detailed below.

SB 2480 - Relating to Schools/Students with

Disabilities/Restraint - by Gardiner Co-sponsor: Fasano

Summary

This bill prohibits school personnel from manually physically

restraining a student with disabilities. Provides an exception in

emergency cases when there is an imminent and significant threat to

the physical safety of the student or others. The bill prohibits

mechanical restraint, prone restraint, and other specified methods

of restraint.

02/27/09 Senate Filed

Identical Bills

HB 1449 - Relating to Use of Restraint and Seclusion on Students

with Disabilities in Public Schools by Sachs

03/02/09 HOUSE Filed.

03/10/09 HOUSE Referred to PreK-12 Policy Committee; Civil Justice

& Courts Policy Committee; Education Policy Council; Full

Appropriations Council on Education & Economic

Development

SB 642 - Relating to Autism License Plates and Autism Programs - by

Altman

Summary: This bill creates an Autism license plate and provides for

distribution of use fees received from sale of these plates; the

renewal of registration would include language permitting voluntary

contribution to the Autism License Plate Fund.

The fee for the Autism license plate will be $25.The proceeds from

the license plate annual use fee shall be distributed to

Achievement and Rehabilitation Centers, Inc., to fund service

programs for autism and related disabilities throughout the state

and to operate and establish programs to support individuals with

autism and related disabilities through direct services,

evaluation, training, and awareness.

Achievement and Rehabilitation Centers, Inc. shall establish an

Autism Services Grant Council that shall provide grants from

available Autism license plate proceeds to nonprofit organizations

for direct services and programs for individuals with autism and

related disabilities and their families.

Consideration for participation in such services and programs shall

be given to applicants who are children or adults with autism and

related disabilities and their families, and shall include those

who are on the Agency for Persons with Disabilities waiting list

for services.

Achievement and Rehabilitation Centers, Inc. shall also establish

an Autism License Plate Fund. Thirty-five percent of the proceeds

from the annual use fee shall be used to establish and operate

programs to support individuals with autism and related

disabilities and their families through direct services,

evaluation, training, and awareness in the state.

The Center for Autism and Related Disabilities at the University of

Miami shall receive 15 percent of the proceeds from the annual use

fee for distribution, as determined appropriate by the director of

that center, to the seven regional autism centers. The regional

centers shall use the proceeds to support the services they

provide.

The remaining proceeds from the annual use fee shall be available

to the Autism Services Grant Council for grants to nonprofit

organizations to operate direct services programs for individuals

with autism and related disabilities and their families and for

marketing the Autism license plate. Effective Date: July 1, 2009.

This bill was referred to the following committees in the Senate on

1/23/09: Transportation; Children, Families, and Elder Affairs;

Health and Human Services Appropriations

Companion Bill

HB 239 by Glorioso

House on 2/6/09: Roads, Bridges & Ports Policy Committee;

Economic Development & Community Affairs Policy Council;

Full Appropriations Council on Education & Economic Development

SB 242 - Relating to Autism Spectrum Disorder Screening for Minors

- by Ring

Summary:This bill requires a physician to refer minors to an

appropriate specialist for screening for autism spectrum disorder

under certain circumstances. The bill defines terms

" appropriate specialist " and

" neuropsychologist. "

If the parent or legal guardian of a minor (who is an eligible

individual, as defined in s. 627.6686, F.S.), believes that their

child exhibits symptoms of autism spectrum disorder, the parent or

legal guardian may report his or her observation to a physician

licensed in this state.

The physician shall immediately refer the minor to an appropriate

specialist for screening for autism spectrum disorder.

As used in this section, the term " appropriate

specialist " includes, but is not limited to, a person who is

licensed in this state as:

A neuropsychologist who is competent in the area of

neurological testing.

As used in this subsection, the term

" neuropsychologist " means a psychologist who has

additional training and experience in understanding brain-behavior

relationships.

A neuropsychologist has an advanced degree in psychology, known as

a Ph.D. or Psy.D., and usually works with psychiatrists,

neurologists, neurosurgeons, physiatrists, and other medical

specialists as a team to coordinate a patient's care;

A board-certified behavior analyst

A psychologist

A psychiatrist

A neurologist; or

A developmental or behavioral pediatrician who

specializes in child neurology. Effective Date: July 1, 2009.

Passed out of Children, Families and Elder Affairs

Committee on 3/11/09.

This bill was referred to the following committees in the Senate on

12/17/08:

Children, Families, and Elder Affairs;

Health Regulation;

Banking and Insurance;

Health and Human Services Appropriations;

Policy & Steering Committee on Ways and Means

Companion Bill HB 89 by Precourt

House on 12/30/08:

Insurance, Business & Financial Affairs Policy Committee;

Health & Family Services Policy Council; Government Operations

Appropriations Committee;

Full Appropriations Council on General Government & Health Care

HB 353 - Relating to McKay Scholarships for Students with Disabilities

- by Porth

Summary: This bill authorizes students who receive certain

services under the Voluntary Pre- Kindergarten Program to receive

the M. McKay Scholarship. This bill deletes the requirement

that a student must have spent the prior school year in attendance

at a Florida school.

The bill provides certain rights and requires information

explaining the rights and responsibilities that parents, guardians

and teachers have when they make certain decisions. The bill

requires DOE to recommend training for school personnel in

procedures for safe restraint of students. The bill also requires a

private school to refund scholarship payment under certain

circumstances and permits students to receive scholarship services

at locations other than a private school site under specified

conditions.

Alternative Sites for Instruction and Services - A student eligible

for a scholarship under this section, including a student with

autism spectrum disorder who participates in the program for

students who are homebound or hospitalized, may receive regular and

direct instruction and services from a private school at a site

other than the school's physical location if the following criteria

are met:

o The student's parent provides a notarized statement

from the medical doctor or psychologist treating the student's

disability which certifies that the student's welfare or the

welfare of other students in the classroom will be jeopardized if

the student is required to regularly attend class at the school's

physical location. The notarized statement must be:

Annually provided to the department at least 60 days

prior to the date of the first scholarship payment for each school

year.

Based on an annual review of the student's

disability by the student's medical doctor or psychologist.

This bill was referred to the following committees in the House on

2/6/09:

PreK-12 Policy Committee;

Education Policy Council;

Full Appropriations Council on Education and Economic Development

Companion Bill in the Senate:

SB 1010 by Ring

Relating to McKay Scholarships for Students with Disabilities

Senate on 2/5/09:

Education Pre-K - 12;

Education Pre-K - 12 Appropriations;

Policy & Steering Committee on Ways and Means

HB 039 - Relating to Regulation of Drugs - by Scionti

Summary: This bill prohibits the sale, purchase, manufacture,

delivery, importation, administration, and distribution of vaccines

containing organic or inorganic mercury compounds in excess of .1

microgram per milliliter Effective Date: 07/01/2010.

Companion Bill in the

Senate:

SB 200 by

Relating to Vaccines Containing Mercury Compounds/Regulation

SB 348 - Relating to Medicaid Buy-in Program/Persons with

Disabilities by Crist

Summary; This bill provides for Medicaid eligibility for certain

persons with disabilities under a Medicaid buy-in program, subject

to specific federal authorization. Requires the Agency for Health

Care Administration to seek amendments to specified Medicaid

waivers for certain persons with disabilities.

The proposed Work Incentive Medicaid Coverage program would

continue to offer Medicaid coverage to people with disabilities who

are working. Once they enrolled in the program they would have the

opportunity to earn more and save more than the allowable limits

for regular Medicaid and still retain their health care coverage

through the State's Medicaid Program.

Effective Date: 07/01/2009.

01/15/09 SENATE Referred to Health Regulation; Children, Families,

and Elder Affairs; Health and Human Services Appropriations; Policy

& Steering Committee on Ways and Means

Passed out of Health Regulation Committee on 3/11/09. Now in

Children, Families, and Elder Affairs Committee.

Similar Bills

HB 0529 - Relating to Optional Payments for Medical Assistance - by

Planas

02/13/09 HOUSE Referred to Health Care Regulation Policy Committee;

Health & Family Services Policy Council; Health Care

Appropriations Committee; Full Appropriations Council on General

Government & Health Care

HB 745 - Prepaid Services for Parents of Children with

Developmental Disabilities - by Ford and Zapata

Summary: This bill establishes a study group to determine the

feasibility of creating a prepaid service plan for children with

disabilities modeled after the Florida prepaid college plan. The

prepaidservice plan would allow funds to be paid into a fund on

behalf of a child and would be used for vouchers for services to

help the child to transition into the workforce. In addition, the

bill specifies membership of the study group to include members of

the legislature, the directors of the Agency for Persons With

Disabilities (APD), the Division of Vocational Rehabilitation (DVR

or division), and the State Board of Administration (SBA), the

executive director of Arc of Florida (ARC/Florida), the chairperson

of the Family Care Council/Florida, and a parent representative

from a local Family Care Council. The bill provides that

administrative support for the study group will be provided by APD

and requires the study group to submit a final report to the

legislature no later than January 29, 2010 and that the study group

will be abolished upon submission of the final report. The final

report will address services for which a voucher could be used,

financial requirements, qualifications of service providers and

steps necessary to qualify this plan for a federal waiver program

that would allow for federal financial participation. It is

anticipated there will be an indeterminate, but insignificant,

fiscal impact for travel expenses of the study group; provides for

per diem & travel expenses for members; requires study group

topresent final report to Legislature. Effective Date: July 1, 2009

Actions

Date Chamber Action

02/05/09 HOUSE Filed

02/25/09 HOUSE Referred to Health Care Services Policy

Committee; Health & Family Services Policy Council; Human

Services Appropriations Committee; Full Appropriations Council on

General Government & Health Care

03/06/09 HOUSE on Committee agenda - Health Care Services Policy

Committee, 03/10/09, 3:00 pm, 306 H

Identical Bills

SB 1278 - Relating to Children with Disabilities/Prepaid Service

Plan - by Altman - Passed out of Children, Families and Elder

Affairs on 3/11/09.

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