FC required by law?

While we’re on the subject of ineffective interventions, I want to revisit facilitated communication (FC). The US commonwealth of Massacheusetts apparently is considering a bill that will require teachers to learn to use FC. In “An Act To Improve Augmentative And Alternative Communication Opportunities For Children With Disabilities,” the legislative houses of Massachusetts are proposing to revise regulations for licensing educators to ensure that special and general education teachers have received training in using augmentative and alternative communication procedures, including FC.

The legislation, introduced into the senate by Senator Cynthia Stone Creem of the First Middlesex and Norfolk district and into the house by Representative Garrett J. Bradley of Plymouth, provides this definition of alternative and augmentative communication:

The term “alternative and augmentative communication” shall be defined as methods of 26 communication other than oral speech that enhance or replace conventional forms of expressive 27 and receptive communication to facilitate interaction by and with persons with disabilities who 28 are nonverbal or have limited speech, including, but not limited to: specialized gestures and 29 signs; communication aids such as charts, symbol systems and language boards; mouth sticks; 30 facilitated communication; and electronic communication devices such as switches, head 31 pointers, eye tracking, dynamic displays, auditory scanning and speech synthesizers.

Although the bill was introduced in January 2009 (and apparently has been introduced in previous sessions), I can find no record of whether it has been passed. It was referred to a joint committee on education and there was a “Public Hearing date 10/20,” the legislative record shows nothing more as of the date I’m writing this. When originally introduced, it was Senate Bill 00223, but it may now be listed as Senate Bill S02692. Anyone know the status?

Flash of the electrons to Gina Green for her post APBA Sponsor, Affiliate Oppose MA Legislation Promoting Bogus Technique alerting me to this questionable legislative activity. She pointed me to an article about a hearing on the legislation; fortunately, some folks objected to including FC in the law.

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5 Responses to “FC required by law?”


  1. 1 Regina

    Hi John,
    I don’t know exactly how it works in MA, but based on scanning the legislative calendar I would guess that now they have gathered the public testimony and the joint committee at some point will either vote to move it out to the Senate floor for a reading or let it die in committee (the fate of most bills) but it doesn’t look like it’s scheduled for the MA Senate floor in the near future. Based on the legislative website I’m pretty sure that the number is Senate Bill 00223.

    I have no doubt that if it does pick up steam that the members of the APBA affiliate will put out some kind of e-alert, but now I’m wondering myself; let me go ask around an see if I can find an update.

  2. 2 Regina

    Sorry, I was talking through my hat – I looked again, and I can’t tell the status. Let me see if I can find someone with the straight story.

  3. 3 JohnL

    Regina, when I drafted the post, I sorted through the legislative info site, too. I didn’t find anything then, but I appreciate your inter-sorter agreement check. Teehee. Please do let us know if you learn more.

  4. 4 Regina Claypool-Frey

    Hi John,
    Maybe I have better info than the last time (roll eyes).
    S. 223 is still active and it looks like it was assigned another number, S. 2293 in the nature of an amendment on March 1, 2010 and was approved and reported from the Joint Education Committee as an amended version, although given MA’s somewhat confusing legislative site, I am somewhat unclear on where this places the bill in reference to coming to the Senate floor.
    http://www.mass.gov/legis/186history/s02293.htm

    Although stated as amended, the statements on facilitated communication as an AAC modality seem to be retained in the amended version. (I gave an explicit shout out about the status on this bill, but for the most part the response has been crickets, which I don’t know is tactical or not).

    FWIW, since the last time I posted here in February, I’ve been blogging for the ABAI Practice Board (link from my signature), and that’s where I’ve been doing the most up to date tracking of events.

  5. 5 JohnL

    Regina, thanks for keeping after it and alerting readers about changes. I encourage readers of EBD Blog to track the content on ABA Practice Board Blog.

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