Bill Text: FL S0452 | 2016 | Regular Session | Introduced
Bill Title: Seclusion and Restraint of Students with Disabilities in Public Schools
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2016-01-04 - Withdrawn prior to introduction [S0452 Detail]
Download: Florida-2016-S0452-Introduced.html
Florida Senate - 2016 SB 452 By Senator Flores 37-00565-16 2016452__ 1 A bill to be entitled 2 An act relating to the seclusion and restraint of 3 students with disabilities in public schools; amending 4 s. 1003.573, F.S.; providing definitions; providing 5 legislative findings and intent; providing 6 requirements for the use of manual physical restraint 7 by school personnel; prohibiting specified manual 8 physical restraint techniques; requiring each school 9 to ensure medical evaluation of a student after the 10 student is manually physically restrained; prohibiting 11 school personnel from placing a student in seclusion; 12 providing requirements for the use of time-out; 13 requiring that a school district report its procedures 14 for training and certification in the use of manual 15 physical restraint to the Department of Education; 16 providing requirements for such training and 17 certification; requiring that a school review a 18 student’s functional behavior assessment and positive 19 behavioral intervention plan under certain 20 circumstances; requiring that parents be notified of a 21 school district’s policies regarding the use of manual 22 physical restraint; revising information to be 23 included in a school incident report; requiring that 24 each school send a redacted copy of any incident 25 report or other documentation to Disability Rights 26 Florida; requiring that the department make available 27 on its website data of incidents of manual physical 28 restraint; requiring that each school district develop 29 policies and procedures governing the authorized use 30 of manual physical restraint, personnel authorized to 31 use such restraint, training procedures, analysis of 32 data, and the reduction of the use of manual physical 33 restraint; requiring that any revisions to a school 34 district’s policies and procedures be filed with the 35 bureau chief of the Bureau of Exceptional Education 36 and Student Services; providing an effective date. 37 38 Be It Enacted by the Legislature of the State of Florida: 39 40 Section 1. Section 1003.573, Florida Statutes, is amended 41 to read: 42 1003.573 Seclusion andUse ofrestraint ofand seclusion on43 students with disabilities in public schools.— 44 (1) DEFINITIONS.—As used in this section, the term: 45 (a) “Department” means the Department of Education. 46 (b) “Imminent risk of serious injury or death” means the 47 impending risk of a significant injury, such as a laceration, 48 bone fracture, substantial hematoma, or injury to an internal 49 organ, or death. 50 (c) “Manual physical restraint” means the use of physical 51 restraint techniques that involve physical force applied by a 52 teacher or other staff member to restrict the movement of all or 53 part of a student’s body. 54 (d) “Mechanical restraint” means the use of a physical 55 device that restricts a student’s movement or restricts the 56 normal function of a student’s body. The term includes the use 57 of straps, belts, tie-downs, calming blankets, and chairs with 58 straps; however, the term does not include the use of: 59 1. Medical protective equipment; 60 2. Physical equipment or orthopedic appliances, surgical 61 dressings or bandages, or supportive body bands or other 62 restraints necessary for ongoing medical treatment in the 63 educational setting; 64 3. Devices used to support functional body position or 65 proper balance, or to prevent a person from falling out of a bed 66 or a wheelchair, except when such a device is used for a purpose 67 other than supporting a body position or proper balance, such as 68 coercion, discipline, convenience, or retaliation, to prevent 69 imminent risk of serious injury or death of the student or 70 others, or for any other behavior management reason; or 71 4. Equipment used for safety during transportation, such as 72 seatbelts or wheelchair tie-downs. 73 (e) “Medical protective equipment” means health-related 74 protective devices prescribed by a physician or dentist for use 75 as student protection in response to an existing medical 76 condition. 77 (f) “Seclusion” means the removal of a student from an 78 educational environment, involuntary confinement of the student 79 in a room or area, and prevention of the student from leaving 80 the room or area if achieved by locking the door or otherwise 81 physically blocking the student’s way, threatening physical 82 force or other consequences, or using physical force. The term 83 does not include the use of time-out. 84 (g) “Student” means a student with a disability. 85 (h) “Time-out” means a procedure in which access to varied 86 sources of reinforcement is removed or reduced for a particular 87 time period contingent on a response, either by removing a 88 student from the reinforcing environment or removing the 89 reinforcing environment from the student for some stipulated 90 duration. The term does not include the use of a locked room, a 91 blocked exit, or physical force or threats. 92 (2) LEGISLATIVE FINDINGS AND INTENT.— 93 (a) The Legislature finds that public schools have a 94 responsibility to ensure that each student is treated with 95 respect and dignity in a trauma-informed environment that 96 provides for the physical safety and security of the student and 97 others. 98 (b) The Legislature finds that students, educators, and 99 families are concerned about the use of seclusion and restraint, 100 particularly on students in special education programs, in 101 response to a serious problem behavior that places the student 102 or others at risk of injury or harm. The Legislature is 103 concerned that seclusion and restraint are prone to 104 misapplication and abuse and place a student at an equal or 105 greater risk than the risk posed by the student’s problem 106 behavior. Moreover, the Legislature is concerned about the 107 inadequate documentation of seclusion or restraint procedures, 108 the failure to notify parents when seclusion or restraint is 109 applied, and the failure to use data to analyze and address the 110 cause of the precipitating behavior. Particular concerns 111 include: 112 1. The inappropriate selection and implementation of 113 seclusion or restraint as a treatment or behavioral intervention 114 rather than as a safety procedure. 115 2. The inappropriate use of seclusion or restraint in 116 connection with behaviors, such as noncompliance, threats, or 117 disruption, which do not place the student or others at risk of 118 injury or harm. 119 3. The potential for injury or harm to students, peers, or 120 staff during attempts to implement seclusion or restraint. 121 4. The potential for increased risk of injury or harm when 122 seclusion or restraint is implemented by staff who are not 123 adequately trained. 124 5. The potential for the inadvertent reinforcement or 125 magnification of the problem behavior with the use of seclusion 126 or restraint. 127 6. The implementation of seclusion or restraint 128 independently of comprehensive, function-based behavioral 129 intervention plans. 130 (c) The Legislature finds that the majority of problem 131 behaviors that are currently used to justify seclusion or 132 restraint could be prevented with early identification and 133 intensive early intervention. The need for seclusion or 134 restraint is, in part, a result of an insufficient investment in 135 prevention efforts. The Legislature further finds that the use 136 of seclusion or restraint may produce trauma in students. For 137 students who are already experiencing trauma, the use may cause 138 retraumatization. The lasting effects of unaddressed childhood 139 trauma place a heavy burden on individuals, families, and 140 communities. Research has shown that trauma significantly 141 increases the risk of mental health problems, difficulties with 142 social relationships and behavior, physical illness, and poor 143 school performance. 144 (d) The Legislature intends that students be free from 145 seclusion and free from the abusive and unnecessary use of 146 restraint in public schools. The Legislature further intends to 147 achieve an ongoing reduction of, leading to the prevention of, 148 the use of manual physical restraint in public schools and, 149 specifically, to prohibit the use of seclusion, prone and supine 150 restraint, and mechanical restraint on students. The Legislature 151 also intends that manual physical restraint be used only when an 152 imminent risk of serious injury or death exists; that manual 153 physical restraint not be employed as punishment, for the 154 convenience of staff, or as a substitute for a positive 155 behavior-support plan; and that, if manual physical restraint is 156 used, persons applying such restraint impose the least possible 157 restrictions and discontinue the restraint as soon as the threat 158 of imminent risk of serious injury or death ceases. 159 (3) MANUAL PHYSICAL RESTRAINT.— 160 (a) Manual physical restraint may be used only when there 161 is an imminent risk of serious injury or death to the student or 162 others and only for the period of time necessary to eliminate 163 such risk. 164 (b) The degree of force applied during manual physical 165 restraint must be only that degree of force necessary to protect 166 the student or others from bodily injury or death. 167 (c) Manual physical restraint shall be used only by school 168 personnel who are qualified and certified to use the district 169 approved methods for the appropriate application of specific 170 restraint techniques. School personnel who have received 171 training that is not associated with their employment with the 172 school district, such as a former law enforcement officer who is 173 now a teacher, shall be certified in the specific district 174 approved techniques and may not apply techniques or procedures 175 acquired elsewhere. 176 (d) School personnel may not use any of the following 177 manual physical restraint techniques on a student: 178 1. Prone and supine restraint. 179 2. Pain inducement to obtain compliance. 180 3. Bone locks. 181 4. Hyperextension of joints. 182 5. Peer restraint. 183 6. Mechanical restraint. 184 7. Pressure or weight on the chest, lungs, sternum, 185 diaphragm, back, or abdomen, causing chest compression. 186 8. Straddling or sitting on any part of the body or any 187 maneuver that places pressure, weight, or leverage on the neck 188 or throat, on an artery, or on the back of the head or neck or 189 that otherwise obstructs or restricts the circulation of blood 190 or obstructs an airway. 191 9. Any type of choking, including hand chokes, and any type 192 of neck or head hold. 193 10. Any technique that involves pushing anything on or into 194 the mouth, nose, eyes, or any part of the face or that involves 195 covering the face or body with anything, including soft objects 196 such as pillows or washcloths. 197 11. Any maneuver that involves punching, hitting, poking, 198 pinching, or shoving. 199 12. Any type of mat or blanket restraint. 200 13. Water or lemon sprays. 201 (e) The school shall ensure that a student is medically 202 evaluated by a physician, nurse, or other qualified medical 203 professional as soon as possible after the student has been 204 manually physically restrained by school personnel. 205 (4) SECLUSION; TIME-OUT.— 206 (a) School personnel may not place a student in seclusion. 207 (b) School personnel may place a student in time-out if the 208 following conditions are met: 209 1. The time-out is part of a positive behavioral 210 intervention plan developed for the student from a functional 211 behavioral assessment and referenced in the student’s individual 212 education plan. 213 2. There is documentation that the time-out was preceded by 214 the use of other positive behavioral supports that were not 215 effective. 216 3. The time-out takes place in a classroom or in another 217 environment where class educational activities are taking place. 218 4. The student is not physically prevented from leaving the 219 time-out area. 220 5. The student is observed on a constant basis by an adult 221 for the duration of the time-out. 222 6. The time-out area and process are free of any action 223 that is likely to embarrass or humiliate the student. 224 (c) Time-out may not be used for a period that exceeds 1 225 minute for each year of a student’s age and must end immediately 226 when the student is calm enough to return to his or her seat. 227 (d) Time-out may not be used as a punishment or negative 228 consequence of a student’s behavior. 229 (5) TRAINING AND CERTIFICATION.— 230 (a) Each school district shall report its procedures for 231 training and certification in the use of manual physical 232 restraint to the department by publishing the procedures in the 233 district’s special policies and procedures manual. 234 (b) Training for initial certification in the use of manual 235 physical restraint must include: 236 1. Procedures for deescalating a problem behavior before 237 the problem increases to a level or intensity necessitating 238 physical intervention. 239 2. Information regarding the risks associated with manual 240 physical restraint and procedures for assessing individual 241 situations and students in order to determine whether the use of 242 manual physical restraint is appropriate and sufficiently safe. 243 3. The actual use of specific techniques that range from 244 the least to most restrictive, with ample opportunity for 245 trainees to demonstrate proficiency in the use of such 246 techniques. 247 4. Techniques for implementing manual physical restraint 248 with multiple staff members working as a team. 249 5. Techniques for assisting a student in reentering the 250 instructional environment and reengaging in learning. 251 6. Instruction in the district’s documentation and 252 reporting requirements. 253 7. Procedures to identify and deal with possible medical 254 emergencies arising during the use of manual physical restraint. 255 8. Cardiopulmonary resuscitation. 256 (c) Each school district shall provide refresher 257 certification training courses in manual physical restraint 258 techniques at least annually to all staff members who have 259 successfully completed the initial certification program. The 260 district must identify those persons to be certified and 261 maintain a record that includes the name and position of the 262 person certified, the date of the person’s most recent 263 certification and whether it is an initial or refresher 264 certification, and whether the individual successfully completed 265 the certification and achieved proficiency. 266 (d) School district policies regarding the use of manual 267 physical restraint must address whether it is appropriate for an 268 employee working in a specific setting, such as a school bus 269 driver, school bus aide, job coach, employment specialist, or 270 cafeteria worker, to be certified in manual physical restraint 271 techniques. In the case of school resource officers or others 272 who may be employed by other agencies when working in a school, 273 administrators shall review each agency’s specific policies to 274 be aware of techniques that may be used. 275 (6) STUDENT-CENTERED FOLLOWUP.—If a student is manually 276 physically restrained more than twice during a school year, the 277 school shall review the student’s functional behavioral 278 assessment and positive behavioral intervention plan. 279 (7)(1)DOCUMENTATION AND REPORTING.— 280 (a) At the beginning of each school year, a school district 281 shall provide a copy of its policies on emergency procedures, 282 including its policies on the use of manual physical restraint, 283 to each student’s parent or guardian. The student’s parent or 284 guardian must sign a form indicating that he or she has received 285 and read the district’s policies, which the student’s school 286 shall retain on file. 287 (b)(a)A school shall prepare an incident report within 24 288 hours after a student is released from restraintor seclusion. 289 If the student’s release occurs on a day before the school 290 closes for the weekend, a holiday, or another reason, the 291 incident report must be completed by the end of the school day 292 on the day the school reopens. 293 (c)(b)The following must be included in the incident 294 report: 295 1. The name of the student restrainedor secluded. 296 2. The age, grade, ethnicity, and disability of the student 297 restrainedor secluded. 298 3. The date and time of the event and the duration of the 299 restraintor seclusion. 300 4. The location at which the restraintor seclusion301 occurred. 302 5. A description of the type of restraint used in terms 303 established by the departmentof Education. 304 6. The name of the person using or assisting in the 305 restraintor seclusionof the student. 306 7. The name of any nonstudent who was present to witness 307 the restraintor seclusion. 308 8. A description of the incident, including: 309 a. The context in which the restraintor seclusion310 occurred. 311 b. The student’s behavior leading up to and precipitating 312 the decision to use manualorphysical restraintor seclusion, 313 including an indication as to why there was an imminent risk of 314 serious injury or death to the student or others. 315 c. The specific positive behavioral strategies used to 316 prevent and deescalate the behavior. 317 d. What occurred with the student immediately after the 318 termination of the restraintor seclusion. 319 e. Any injuries, visible marks, or possible medical 320 emergencies that may have occurred during the restraintor321seclusion, documented according to district policies. 322 f. The results of the medical evaluation and a copy of any 323 report by the medical professionals conducting the evaluation, 324 if available. If the medical report is not available within 24 325 hours, the district must submit the medical report separately as 326 soon as it becomes available. 327 g.f.Evidence of steps taken to notify the student’s parent 328 or guardian. 329 (d)(c)A school shall notify the parent or guardian of a 330 student each time manualorphysical restraintor seclusionis 331 used. Such notification must be in writing and provided before 332 the end of the school day on which the restraintor seclusion333 occurs. Reasonable efforts must also be taken to notify the 334 parent or guardian by telephone orcomputere-mail, or both, and 335 these efforts must be documented. The school shall obtain, and 336 keep in its records, the parent’s or guardian’s signed 337 acknowledgment that he or she was notified of his or her child’s 338 restraintor seclusion. 339 (e)(d)A school shall also provide the parent or guardian 340 with the completed incident report in writing by mail within 3 341 school days after a student was manuallyorphysically 342 restrainedor secluded. The school shall obtain, and keep in its 343 records, the parent’s or guardian’s signed acknowledgment that 344 he or she received a copy of the incident report. 345 (8)(2)MONITORING.— 346 (a)Monitoring ofThe use of manualorphysical restraint 347or seclusionon students shall be monitoredoccurat the 348 classroom, building, district, and state levels. 349 (b) Any documentation prepared by a school pursuant toas350required insubsection (7)(1)shall be provided to the school 351 principal, the district director of Exceptional Student 352 Education, and the bureau chief of the Bureau of Exceptional 353 Education and Student Serviceselectronicallyeach weekmonth354 that the school is in session. 355 (c) Each week that a school is in session, the school shall 356 send a redacted copy of any incident report and other 357 documentation prepared pursuant to subsection (7) to Disability 358 Rights Florida. 359 (d)(c)The department shall maintain aggregate data of 360 incidents of manualorphysical restraintand seclusionand 361 disaggregate the data for analysis by county, school, student 362 exceptionality, and other variables, including the type and 363 method of restraintor seclusionused. This information shall be 364 updated monthly and made available to the public through the 365 department’s website beginning no later than January 31, 2017. 366 (e)(d)The department shall establish standards for 367 documenting, reporting, and monitoring the use of manualor368 physical restraintor mechanical restraint, and occurrences of369seclusion. These standards shall be provided to school districts 370by October 1, 2011. 371 (9)(3)SCHOOL DISTRICT POLICIES AND PROCEDURES.— 372 (a) Each school district shall develop policies and 373 procedures that are consistent with this section and that govern 374 the following: 375 1. Authorized use of manual physical restraint on students. 376 2. Personnel authorized to use manual physical restraint. 377 3. Training procedures. 378 4.1.Incident-reporting procedures. 379 5.2.Data collection and monitoring, including when, where, 380 and why students are restrained andor secluded;the frequency 381 of occurrences of such restraintor seclusion; and the prone or382mechanical restraint that is most used. 383 6.3.Monitoring and reporting of data collected. 384 7.4.Training programs relating to manualorphysical 385 restraintand seclusion. 386 8.5.The district’s plan for selecting personnel to be 387 trained. 388 9.6.The district’s plan for reducing the use of restraint 389and seclusionparticularly in settings in which it occurs 390 frequently or with students who are restrained repeatedly, and391for reducing the use of prone restraint and mechanical392restraint. The plan must include a goal for reducing the use of 393 restraintand seclusionand must include activities, skills, and 394 resources needed to achieve that goal. Activities may include, 395 but are not limited to: 396 a. Additional training in positive behavioral support and 397 crisis management.;398 b. Parental involvement.;399 c. Data review.;400 d. Updates of students’ functional behavioral analysis and 401 positive behavior intervention plans.;402 e. Additional student evaluations.;403 f. Debriefing with staff.;404 g. Use of schoolwide positive behavior support.; and405 h. Changes to the school environment. 406 10. Analysis of data to determine trends. 407 11. Ongoing reduction of the use of manual physical 408 restraint. 409 (b) Any revisions a school district makes to itsto the410district’spolicies and procedures, which must be prepared as 411 part of the school district’sitsspecial policies and 412 procedures, must be filed with the bureau chief of the Bureau of 413 Exceptional Education and Student Servicesno later than January41431, 2012. 415(4) PROHIBITED RESTRAINT.—School personnel may not use a416mechanical restraint or a manual or physical restraint that417restricts a student’s breathing.418(5) SECLUSION.—School personnel may not close, lock, or419physically block a student in a room that is unlit and does not420meet the rules of the State Fire Marshal for seclusion time-out421rooms.422 Section 2. This act shall take effect July 1, 2016.