Video archive of the US Congress

House Proceeding 03-03-10 on Mar 3rd, 2010 :: 0:13:45 to 0:18:15
Total video length: 1 hours 9 minutes Stream Tools: Stream Overview | Edit Time

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John Kline

0:13:44 to 0:14:04( Edit History Discussion )

John Kline: by the g.a.o., there was a criminal conviction, a fining of civil or administrative liability or a large financial settlement. in other words, everyone agrees that what happened is simply ong. we do not need a change in federal law for such behavior to be condemned. sometimes the most powerful tool we have as elected

John Kline

0:13:45 to 0:18:15( Edit History Discussion )
Speech By: John Kline

John Kline

0:14:05 to 0:14:26( Edit History Discussion )

John Kline: officials is the bully pulpit. and chairman miller and mrs. mcmorris rodgers have worked hard to call national attention to the misuse of seclusion and restraints in our schools. states clearly recognize the pro activeactively regulate these procedures. they have policies in place to

John Kline

0:14:27 to 0:14:47( Edit History Discussion )

John Kline: -- recognize the proactive regulate these procedures. 15 states will have such protections in place in the near future, and many, many independent school districts and school boards have such procedures in place. the question today is, who is best quipped to create and enforce those policies? to answer that question i would point to a letter from the council of thereat city

John Kline

0:14:48 to 0:15:08( Edit History Discussion )

John Kline: schools which states, and i quote, every injury to a student in school is a matter of serious concern. but all such ins dents are not necessarily -- incidents are not necessarily matters of law. in fact until recently the u.s. department of education was not even collecting data on the use of seclusion and restraint tactics in schools. the department has no

John Kline

0:15:09 to 0:15:30( Edit History Discussion )

John Kline: experience or expertise regulating in this area. yet h.r. 4247 would establish a new one-size-fits-all federal framework that overrules the work of these states. i request unanimous consent to include the letter of the council of the great city schools in the record as well as the american association of

John Kline

0:15:31 to 0:15:52( Edit History Discussion )

John Kline: school administrators, the council of public education, the association of christian hools, the association of christian schools international. taken together, the concerns raised by these groups paint a picture of premature legislating and federal overreach. in essence, attempting to solve a problem we do not fully understand in a way that could

John Kline

0:15:53 to 0:16:14( Edit History Discussion )

John Kline: actually make it more difficult for teachrs to keep their classrooms safe. i must say that i'm concerned that h.r. 4247 would extend this new mandate into private schools. historically, private schools have been not attached to public school laws. they are entitled to services,

John Kline

0:16:15 to 0:16:37( Edit History Discussion )

John Kline: but no direct funding on the individuals with disabilities education act and other laws. yet, under h.r. 4247 schools whose students receive services would be subject to the same prescriptive rules on the use of seclusion and restraints despite the fact that these private schools receive no federal funding. this is a major departure from

John Kline

0:16:38 to 0:16:58( Edit History Discussion )

John Kline: longstanding deral education policy. one explains it this way. quote, a religious school receiving math and reading instruction under title 1 of the elementary and secondary education act would be subject to all the provisions of this bill as would a school receiving a single piece of instructional material or professional development for a

John Kline

0:16:59 to 0:17:22( Edit History Discussion )

John Kline: single teacher under any other esea title. closed quote. another likely consequence of h.r. 4247 is increased litigation. the bill's vague and overly broad language is an invitation to trial lawyers who will eagerly take every opportunity to sue school districts who grabble with confusing and stringent new requirements. h.r. 4247 creates a clifmente of legal dispute by ex--

John Kline

0:17:23 to 0:17:43( Edit History Discussion )

John Kline: climate of legal dispute by extending state-based trial lawyers, a clear recognition that seclusion and restraint should become litigation magnets. and schools will stop addressing safety issues entirely out of the fear they could be sued. instead, schools could result to law enforcement to manage

John Kline

0:17:44 to 0:18:05( Edit History Discussion )

John Kline: physically disruptive students. that means more students in police handcuffs. mr. speaker, it's clear that teachers and school leaders need guidance on how to keep classrooms safe. seclusion and restraint is not the first choice to enforce positive behavior. if they must be used they must be used safely. it is true that the states, not the federal government, should

John Kline

0:18:06 to 0:18:16( Edit History Discussion )

John Kline: take the lead in implementing these policies. h.r. 4247 is a bill of good intentions but at the end of the day it's not the most direct and effective way to keep our classrooms safe. i reserve the balance of my

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