The Children and Families Committee advanced to the House
floor HB 2444 to enact the State Department of Education’s (KSDE) current
guidelines for the appropriate uses in schools of seclusions and restraints as
law. This is the most meaningful legislative step yet taken in a ten year
effort to assure a more enlightened and humane system for special education
children, and all children. DRC and Families Together led the way, and
InterHab was active in support of this bill.
Past practices for behavior related classroom issues, usually
affecting special needs children, were a statewide patchwork quilt, as varied
in consistency as the differing philosophies of USDs, Special Ed Directors, and
even building principals. Family, children and DD advocates have argued
for years that there must be a defensible and standardized set of standards in
our State. KSDE finally responded a few years ago, but not with rules and
regulations as many legislators had urged, but with “guidelines” .. not
enforceable, not monitored, and not (in our view) effective or humane.
Representative Mike Kiegerl took on this issue last year,
and again this year, with a bill to make the KSDE guidelines the law. The
committee took testimony last week, and Tuesday passed the bill with only two
dissenting votes. The next step will be the floor of the House, unless
the bill is referred elsewhere for additional hearings. Thanks are owed to Rep.
Kiegerl. This is a very positive step forward in assuring the rights of Kansas
children to be educated in a safe and healthy atmosphere.
Also on Tuesday, the House committee on Aging and Long
Term Services took testimony on HB 2656, to move the State’s APS programs
to the Office of the Attorney General. InterHab did not testify on this
bill, having already opposed it in the past, and the 8 conferees already signed
up were unanimous in opposition or were neutral on the bill. There continues to
be legislative concern over the many reports of APS not working well, so we may
see legislators make a major push in the near future. At the moment, the
majority of the committee members were somewhat persuaded by new
designated-Secretary Phyllis Gilmore’s assurances that work plans already in
place for APS in its current SRS venue, will produce positive outcomes.
They may pass the bill out of committee, to “send a strong
message of emphasis” of their concerns. Or, they may defer to the Chair’s
wishes, and the Chair seemed satisfied that the reporting from SRS held some
promise. However, almost certainly the next legislative session will see a
renewal of aggressive advocacy among legislators if they continue to receive
complaints of ineffectual APS activities.
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