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Minutes for HB2243 - Committee on Corrections and Juvenile Justice
Short Title
Authorizing school security officers to use certain types of emergency safety interventions.
Minutes Content for Mon, Feb 6, 2017
Natalie Scott gave an overview of HB2243.
The Committee had questions and comments.
Dr. Andrew E. Koenigs, Associate Superintendent for Human Resources, testimony as a proponent of HB2243 on behalf of the Emporia Public Schools. Dr. Andrew stated their security guards should be afforded the same abilities as a school resource officer regarding the use of mechanical restraint in our schools. Their duty is to protect our students and this bill seeks to fix this small omission. (Attachment 4)
Terri Moses, Executive Director of Safety Services, testified in support of HB2243 on behalf for Wichita Public Schools. Moses stated they mandate that their security officers receive annual training in the areas of restraint, including handcuffing, and non-violent crisis intervention. (Attachment 5)
Written testimony as proponents was submitted by Darrel Attebury on behalf of the Bel Aire Police Department (Attachment 6) and Ed Klumpp on behalf of the Kansas Association of Chiefs of Police, Kansas Sheriffs Association, and Kansas Peace Officers Association. (Attachment 7)
Leah Fliter, Advocacy and Outreach Specialist testified in a neutral position of HB2243 on behalf of the Kansas Association of School Boards. Fliter stated the bill makes a common-sense adjustment to existing school law regarding emergency seclusion and restraint and provides for locally-adopted board policy on this issue. Further, she said they are not sure why there should be a distinction in this matter between law enforcement officers and properly trained school security staff, who often are retired or former police officers. They understand, however, that the ESI law was the result of a difficult and delicate process, and they want to respect that process. (Attachment 8)
Jim Porter testified in opposition of HB2243 on behalf of the Emergency Intervention Task Force and Kansas State Board of Education. Porter urged the committee not to make any alterations to the process and if at some point appears that alterations may be necessary please bring the task force back together to discuss and recommend any appropriate changes. (Attachment 9)
Rocky Nichols testified in opposition of HB2243 on behalf of the Disability Rights Center of Kansas. Nichols stated the bill would undo the historic and unprecedented compromise reached last year when a legislatively mandated and created Emergency Safety Intervention Task Force (see attached report) unanimously agreed to endorse policy changes on the use of seclusion and restraint in public schools. (Attachment 10) (Attachment 11) (Attachment 12)
Austin Rencarge as a parent of Hailey, a child with down syndrome, testified as an opponent of HB2243. Rencarge pleaded to hold the State Department of Education accountable to enforce the current law on seclusion and restraint. He asked the Committee to not give schools a new tool to harm Hailey any more than they already have. (Attachment 13)
Laura Jurgensen testified in opposition of HB2243 on behalf of the Kansas State Department of Education. Jurgensen stated the most concerning thin about this bill is that mechanical restraint is not an emergency safety intervention by definition. Therefore, the oversight and protections afforded to students and parents when an emergency safety intervention is used with a student do not apply. (Attachment 14)
Dr. Marvin J. Miller testified in opposition of HB2243 on behalf of the Special Education Advisory Council. Miller stated the premise behind this bill's request is flawed; it's unintended consequences will be borne upon students of disability and their families. (Attachment 15)
Terry Collins testified in opposition of HB2243 on behalf of the Kansas Association of Special Education Administrators. Collins stated mechanical restraint was one of many issues studied by the Task Force and after much discussion and debate; we declined to allow the use of mechanical restraint to school security officers. (Attachment 16)
Steve Gieber testified in opposition of HB2243 on behalf of the State Advisory Committee to the U.S. Commission on Civil Rights. Gieber provided the Committee with an advisory memorandum on "Seclusion and Restraint in Kansas Schools" dated May 27, 2015. (Attachment 17)
Craig Knutson testified in opposition of HB2243 on behalf of the Kansas Council Developmental Disabilities. Knutson stated reversing this agreed upon decision and expanding the use of mechanical restraints can only result in the increased violation of the rights of students with disabilities, who are disproportionately impacted by unnecessary seclusion and restraint. (Attachment 18)
Written only testimony in opposition to HB2243 was submitted by Dr. Kathryn Ellerbeck, Center for Child Health and Development at KU Medical Center (Attachment 19) ; Rep. John Rubin, ESI Task Force member (Attachment 20); Rick Cagan, NAMI Kansas (Attachment 21); Jane Adams, Keys for Networking (Attachment 22); Tim Wood, Interhab (Attachment 23); Mike Wasmer, Autism Speaks (Attachment 24); Jawanda Mast, parent and ESI Task Force member (Attachment 25); Tonia Wade, parent (Attachment 26); Amy Campbell, Kansas Mental Health Coalition (Attachment 27); Leslie Girard, Families Together (Attachment 28); Brad Linnenkamp, Self Advocacy Coalition of Kansas (Attachment 29); Amy Allison (Attachment 30); and Shawna Hinkle (Attachment 31).
The Committee had comments and questions.
Chairperson Jennings called for final questions from the Committee and then closed the hearing.
Chairperson Jennings adjourned the meetings.
