Why did 145 House Republicans vote against this bill?

[Article 15]

It's amazing to me that even 8 Dems voted against this ...

2/23/2010--Reported to House amended. Preventing Harmful Restraint and Seclusion in Schools Act -
Section 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 and local educational agencies (LEAs) 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.

Section 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.

Section 7 -
Authorizes the Secretary to award three-year grants to states and, through them, competitive subgrants to 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.

Section 8 -
Directs the Secretary to conduct a national assessment of this Act's effectiveness and report the assessment's findings to Congress.

Section 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.

Section 10 -
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.

Section 12 -
Authorizes appropriations for FY2011-FY2015.

H.R. 4247 - Summary: Preventing Harmful Restraint and Seclusion in Schools Act (GovTrack.us)

 

[California Girl]

What else was attached to the bill? Usually, when people vote against a bill that seems perfectly sensible, there is something hidden in it that is either laden with pork or something else that won't get through unless attached to a 'good bill.'

 

[Article 15]

What else was attached to the bill? Usually, when people vote against a bill that seems perfectly sensible, there is something hidden in it that is either laden with pork or something else that won't get through unless attached to a 'good bill.'

Beats me. That's why I'm asking. The summary looks like a slam dunk to me.

 

[Si modo]

Two reasons, just off hand: (1) Education falls to the states, and (2) the bill opens up grants for studies on how not to do these things to students (as if one can't figure THAT out, ).

That means that next years budget needs to include appropriations for these new grants.

WE CAN'T AFFORD to spend more money. We can't afford more government to administer this.




(The full bill)

 

[California Girl]

What else was attached to the bill? Usually, when people vote against a bill that seems perfectly sensible, there is something hidden in it that is either laden with pork or something else that won't get through unless attached to a 'good bill.'

Beats me. That's why I'm asking. The summary looks like a slam dunk to me.

On the face of it, I agree. But when so many are against it, there is usually pork and shit hidden behind the nice bits. This sort of thing angers me, it should not be allowed. And worse, the drooling koolaiders (on both sides) then accuse those who voted against it of being 'pro-rape', 'anti-minority', etc etc etc. It is pathetic partisan political point scoring - I dislike it no matter which side does it.

 

[The Rabbi]

Because the federal gov't has no business mandating what schools, a local concern, can and cannot do. They aleady got slapped down by the Supreme Court on establishing "gun free zones" as an over-reach.
It isn't the goals here, it is the methods. Good for the GOP voting against it.

 

[California Girl]

Two reasons, just off hand: (1) Education falls to the states, and (2) the bill opens up grants for studies on how not to do these things to students (as if one can't figure THAT out, ).

That means that next years budget needs to include appropriations for these new grants.

WE CAN'T AFFORD to spend more money. We can't afford more government to administer this.




(The full bill)

So, we have politicians voting 'no' to spending money we don't have? Excellent.

 

[Si modo]

Two reasons, just off hand: (1) Education falls to the states, and (2) the bill opens up grants for studies on how not to do these things to students (as if one can't figure THAT out, ).

That means that next years budget needs to include appropriations for these new grants.

WE CAN'T AFFORD to spend more money. We can't afford more government to administer this.




(The full bill)

So, we have politicians voting 'no' to spending money we don't have? Excellent.

Who'da thunk it. They managed here, but this is just a drop in the Obama/Democrat bucket.

 

[Article 15]

So it costs too much?

 

[Si modo]

So it costs too much?

It leaves open an avenue of more spending. The last thing we need to do is make it easier for Congress to spend money next year. As I said, next years budget will have to include an appropriation for these grants. But, fundamentally, it's an attempt at taking control from states. Public schools are the business of the states (and however they decide to dole out the jurisdiction).

 

[California Girl]

So it costs too much?

Define 'too much'. If you're have $10 in your pocket, and you want to buy something that costs $10.50, do you buy it? No.

I know it is harsh but our national financial situation is so bad that personally, I don't think we should be spending one damned cent. Yea, that would hurt but it is the only way out of the mess that we allowed our government to create.

 

[sparky]

so what do they call this jem?

No child left unbound?

 

[antagon]

i dont think a law, moreover a federal law, should be made for this bullsh..

the last thing kids people are considering restraining need is federal legal protection. these are the kids who are most likely to get cuffed and incarcerated outside of school in the first place.

 

[FA_Q2]

How about all these things are already illegal? What is the purpose of this bill since it is already against the law? As stated earlier, looks like an attempt to open up spending for more pet projects. What do we need a study for!

 

[Mr.Fitnah]

Sounds like a teacher could face federal civil rights action if they tried to break up a fight .

 

[antagon]

Sounds like a teacher could face federal civil rights action if they tried to break up a fight .

derrr, they already can. and the res excepts imminent danger.

 

[VaYank5150]

It's amazing to me that even 8 Dems voted against this ...

2/23/2010--Reported to House amended. Preventing Harmful Restraint and Seclusion in Schools Act -
Section 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 and local educational agencies (LEAs) 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.

Section 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.

Section 7 -
Authorizes the Secretary to award three-year grants to states and, through them, competitive subgrants to 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.

Section 8 -
Directs the Secretary to conduct a national assessment of this Act's effectiveness and report the assessment's findings to Congress.

Section 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.

Section 10 -
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.

Section 12 -
Authorizes appropriations for FY2011-FY2015.

H.R. 4247 - Summary: Preventing Harmful Restraint and Seclusion in Schools Act (GovTrack.us)

Simple. There is absolutely NOTHING in this bill to hand off to their defense contract buddies. Why would the GOP vote to spend money on THAT?

 

[Si modo]

It's amazing to me that even 8 Dems voted against this ...

2/23/2010--Reported to House amended. Preventing Harmful Restraint and Seclusion in Schools Act -
Section 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 and local educational agencies (LEAs) 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.

Section 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.

Section 7 -
Authorizes the Secretary to award three-year grants to states and, through them, competitive subgrants to 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.

Section 8 -
Directs the Secretary to conduct a national assessment of this Act's effectiveness and report the assessment's findings to Congress.

Section 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.

Section 10 -
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.

Section 12 -
Authorizes appropriations for FY2011-FY2015.

H.R. 4247 - Summary: Preventing Harmful Restraint and Seclusion in Schools Act (GovTrack.us)

Simple. There is absolutely NOTHING in this bill to hand off to their defense contract buddies. Why would the GOP vote to spend money on THAT?

Why would anyone vote to spend money when busted broke? Why would anyone vote to expand federal government, when states have jurisdiction, when busted broke>

 

[VaYank5150]

It's amazing to me that even 8 Dems voted against this ...



H.R. 4247 - Summary: Preventing Harmful Restraint and Seclusion in Schools Act (GovTrack.us)

Simple. There is absolutely NOTHING in this bill to hand off to their defense contract buddies. Why would the GOP vote to spend money on THAT?

Why would anyone vote to spend money when busted broke? Why would anyone vote to expand federal government, when states have jurisdiction, when busted broke>

Not much jurisdiction left after the failure known as NCLB, now is there?

 

[Contessa_Sharra]

There is something more to the no votes than simple no's or economics.

If one looks at the names of the nay votes from Democrats GovTrack: H.Amdt. 586: An amendment printed in Part B of House Report... to H.R. 4247: Keeping All Students Safe Act (Vote On Amendment) they are members that one might expect to vote for a bill like this. It really is odd.