George Miller
Announcement

Regarding the “timeline” for implementing Dept. of Education and Labor Chairman George Miller’s newly introduced legislation (see H.R.4247 and S.2860 below), any actions taking longer than aligning ALL “disciplinary” practices in our American schools with the 14th amendment “equal protection” clause is unacceptable and unnecessary. Need proof? Consider whether it would take more than a day to implement laws prohibiting American school teachers and administrators from using duct tape on students’ mouths, or restraining their movements with handcuffs or bungee cords, or locking them up in chemical-reeking closets if they were the children on an American president.

Regarding American school corporal punishment, an article released in Wash DC on Dec 7, 2009 had this headline: “Bipartisan Lawmakers to Introduce Legislation to Protect All Children in Schools from Abuse.” Yet, Chairman George Miller failed to even mention the practice of “buttocks beating,” also known as corporal punishment, that teachers and administrators target at our American school children from ages 3 through 18 and older in our schools.

The hierarchy of primary targets of US school corporal punishment follows:
· Black American boys
· Black American girls
· Latinos
· Native Americans
· Disabled students
· Openly gay students

Please review the three most compelling, sound and professional documents released between Aug 20, 2008 and May 19, 2009, replete with cases and evidence.*

The sanctioned and “lawless” abuse targeted at our American school children violating their 14th amendment “equal protection” right CAN be interrupted and ENDED IMMEDIATELY. This same law was violated by “lynch mobs” in the first half of 20th century America.

Miller’s plans to take time to "craft" laws for the purpose of protecting our US school children from “known forms” of abuse is completely unnecessary and allows for more time in which teachers and administrators may brutalize them.

Which other groups of American citizens would put up with waiting for “certain laws” to be “crafted” before they can receive protection from ill-treatment, having the 14th amendment available to them NOW!?? No such groups exist. Our children are being taken advantage of in the same manner as our slaves were, for they cannot speak up for themselves any more than could a slave.

Teachers, principals and other caregivers are the ONLY American citizens “sanctioned” to "break the 14th amendment law," leaving their victims, our American school children, without "equal protection" or "due process” of law.

Chairman George Miller's failure to protect our American school children IMMEDIATELY from American school abuse by denying them of their 14th amendment right is a breach in his sworn duty of upholding the US Constitution for ALL American citizens.

Denying our American school children of this “inalienable right” IS A CRIME.

Simply enforcing our children’s US citizen 14th amendment right protects each one of them IMMEDIATELY. Our children have no time for Mr. Miller to take the “scenic route” for having them protected from harm.

When seclusions and restraints are used on children “professionally,” it is always a benefit to them and to children in their environment. Equal in importance to having our school children protected by their 14th amendment right is having their caregivers receive IMMEDIATE training for executing seclusions and restraints professionally. This training does not take long—certainly not two years. We can have ALL school children safe in no time.

The bulk of residents in our swiftly growing American prison systems are minorities starting with Black American Men, and adults with special needs.

The bulk of our “targets” for American school abuse are minorities, starting with Black American boys, and children with special needs.

Would Mr. Miller be on the “scenic route” to "safe schools" if the primary targets of American school abuse were “little white girls” instead of black boys?

If “We The People” fail to call our government to uphold the US Constitution for our American school children then America is a "lawless" nation.

Teachers, like everyone else, are required to obey US laws within every square inch of this country and its territories, including those square inches covered by American school campuses. How much more so than when behind "closed doors" with someone else’s child?

Money for building-up our US prison systems would be best spent on workshops that equip our educators with 21st century proven models of discipline that do not “leave our children or teachers behind.”

American school teachers benefit our children when they use positive discipline behavior management tools--tools that are mutually respectful, effective and kind. These tools are already being used in schools like those of our president’s children where the “well-being of children” matters.

These tools cost far less than prison projects in EVERY way.

A "healthy" society responds immediately to the safety needs of its children, rather than “two years” down the line. American school abuse can END before 2010! No one knows this to be true better than Dept. of Education and Labor Chairman George Miller.

Nonviolent protests have already begun outside of Mr. George Miller’s Concord, CA office by members of The Hitting Stops Here!, Parents and Teachers Against Violence in Education and American SAFEPASS (Student Alliance For Education in Safe American SchoolS). Other nonviolent protests are being planned in several US states and in Wash DC.

We have no intentions on waiting another two years for Mr. George Miller to protect our American school children from school abuse. We will not stop protesting outside of his offices until our American school children are safe from what Congresswoman Lynn Woolsey termed “legalized child abuse” (May 2009).

Thank you.

Sincerely,
Paula Flowe, Exec. Director
Tony Brian, Asst. Exec. Director
The Hitting Stops Here! A campaign for teaching kindness and respect in schools everywhere. www.TheHittingStopsHere.com
Board members of Parents and Teachers Against Violence in Education.
Supporters of San Jose City College Associated Student Club, American SAFEPASS (Student Alliance For Education in Peaceful American SchoolS)
info@thehittingstopshere.com
408.223.7797

*Government Accountability Office (GAO) report: Seclusions and Restraints: Selected Cases of Death and Abuse at Public and Private Schools and Treatment Centers, May 19, 2009: http://www.thehittingstopshere.com/docs/GOA_2009.pdf

*ACLU report, A Violent Education, August 20, 2008: http://www.thehittingstopshere.com/docs/ACLU_2009.pdf

*UC Davis Law Review: STATE ACTORS BEATING CHILDREN: A CALL FOR JUDICIAL RELIEF, April 2009:
http://www.thehittingstopshere.com/docs/State%20Actors%20UC%20Dav.pdf

Positive Discipline:
http://www.youtube.com/user/paulaflowe#p/a/f/0/Ajcb4bwZQnE

Mr. Obama, American School Children are READY For CHANGE: http://www.youtube.com/user/paulaflowe#p/a/u/1/lhAdjP4zocI

Legacy of American School Abuse:
http://www.youtube.com/user/paulaflowe#p/u/3/isWoSYTa2N8

Beat’n Us Like 200 Years Ago:
http://www.youtube.com/user/paulaflowe#p/a/u/2/oQPs-3V_ct0

America Speaks Radio: Show Hostess, Paula Flowe
http://www.blogtalkradio.com/paula-flowe

Nonviolent Protests updates on Twitter:
http://twitter.com/TheHSH

Nonviolent Protest Schedule outside of George Miller’s Concord, CA office: http://www.thehittingstopshereurstory.com/newsroom/2009/a11_08.php

What is George Miller thinking?: http://www.thehittingstopshereurstory.com/newsroom/2009/a11_08.php

See “Candidate for California Congresswoman,” Virginia Fuller’s, latest YouTube. Support her efforts for having safe American schools. Virginia Fuller CARES about America’s school children: http://www.fullerforcongress.org/

Preventing Harmful Restraint and Seclusion in Schools Act: What Does it Mean for Children with Disabilities H.R.4247 and S.2860 have real strengths that will significantly protect children with disabilities.

The bill bans:
· the use of mechanical and chemical restraints
· restraints that impede breathing
· aversives that compromise health and safety
· using restraint and seclusion for "educational disruptions"
· The bill permits physical restraint and locked seclusion only when there is an imminent risk of physical injury and requires direct face-to-face monitoring of children, enabling quick detection of distress and illness.

[Words of The Hitting Stops Here!: Our school children face the above forms of abuse targeted at them by teachers and administrators every school day in America. These forms of teacher and administrator abuse can be ended immediately under “responsible leadership.”]

Read Preventing Harmful Restraint and Seclusion in Schools Act: What Does it Mean For Children with Disabilities? by Jessica Butler, Esquire.

This article is available as a printer-friendly PDF document and in html: http://www.wrightslaw.com/info/restraint.hr4247.butler.pdf http://www.wrightslaw.com/info/restraint.hr4247.butler.htm


IEPs, BIPs, and Educational Plans The bill will prohibit physical restraint and locked seclusion from being included in IEPs, BIPs, or other student educational plans.

This prevents schools from circumventing the law through the IEP. H.R. 4247 requires: a strong positive behavioral intervention component the reporting of data the systematic training of staff It also requires personnel to always ensure that less-restrictive measures are used, rather than using a plan that always ends in restraint/seclusion.

The Department of Education must issue regulations six months after the bill is enacted, and the states must provide assurances of compliance to the Department within 2 years.

In this new article you'll find more about the role of US DOE, State responsibility, and reporting data.

What Can You Do?

Read about the strengths and weaknesses in the new bill, how it can be improved, then find out How to Contact Congress.

Chairman George Miller:
george.miller@mail.house.gov
1333 Willow Pass Road Suite 203
Concord, CA 94520

925.602.1880
Fax: 925.674.0983

2205 Rayburn House Office Building
Washington, DC 20515

202.225.2095


State Secretary of Education and Labor Arne Duncan:
arne.duncan@ed.gov
400 Maryland Ave SW
Wash DC, 20002

202.401.2981, 3000
Fax: 202.260.7867


Tony Miller Deputy of Dept. of Education:
202.401.9965

Fran Walter
fran.walter@ed.gov
202.205.9198