Bill Text: FL S1008 | 2015 | Regular Session | Introduced
Bill Title: Seclusion and Restraint on Students with Disabilities in Public Schools
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2015-05-01 - Died in Education Pre-K - 12 [S1008 Detail]
Download: Florida-2015-S1008-Introduced.html
Florida Senate - 2015 SB 1008 By Senator Flores 37-00672-15 20151008__ 1 A bill to be entitled 2 An act relating to the seclusion and restraint on 3 students with disabilities in public schools; amending 4 s. 1003.573, F.S.; defining terms; providing 5 legislative findings and intent; requiring that manual 6 physical restraint be used only in an emergency when 7 there is an imminent risk of serious injury or death 8 to a student or others; providing restrictions on the 9 use of manual physical restraint; prohibiting the use 10 of manual physical restraint by school personnel who 11 are not certified to use district-approved methods for 12 applying restraint techniques; prohibiting specified 13 techniques; requiring that each school medically 14 evaluate a student after the student is manually 15 physically restrained; prohibiting school personnel 16 from placing a student in seclusion; providing 17 requirements for the use of time-out; requiring that a 18 school district report its training and certification 19 procedures to the Department of Education; requiring 20 that school personnel be trained and certified in the 21 use of manual physical restraint; requiring that a 22 school review a student’s functional behavior 23 assessment and positive behavioral intervention plan 24 under certain circumstances; requiring that parents be 25 notified of a school district’s policies regarding the 26 use of manual physical restraint; requiring that each 27 school send a redacted copy of any incident report or 28 other documentation to Disability Rights Florida; 29 requiring that the department make available on its 30 website data of incidents of manual physical restraint 31 by a specified date; requiring that each school 32 district develop policies and procedures addressing 33 the allowable use of manual physical restraint, 34 personnel authorized to use such restraint, training 35 procedures, analysis of data trends, and the reduction 36 of the use of manual physical restraint; requiring 37 that any revisions to a school district’s policies and 38 procedures be filed with the bureau chief of the 39 Bureau of Exceptional Education and Student Services 40 by a specified date; providing an effective date. 41 42 Be It Enacted by the Legislature of the State of Florida: 43 44 Section 1. Section 1003.573, Florida Statutes, is amended 45 to read: 46 1003.573 Seclusion and restraint on students with 47 disabilities in public schoolsUse of restraint and seclusion on48students with disabilities.— 49 (1) DEFINITIONS.—As used in this section, the term: 50 (a) “Department” means the Department of Education. 51 (b) “Imminent risk of serious injury or death” means the 52 impending risk of a significant injury, such as a laceration, 53 bone fracture, substantial hematoma, or other injury to internal 54 organs, or death. 55 (c) “Manual physical restraint” means the use of physical 56 restraint techniques that involve physical force applied by a 57 teacher or other staff member to restrict the movement of all or 58 part of a student’s body. 59 (d) “Mechanical restraint” means the use of a physical 60 device that restricts a student’s movement or restricts the 61 normal function of a student’s body. The term includes the use 62 of straps, belts, tie-downs, calming blankets, and chairs with 63 straps; however, the term does not include the use of: 64 1. Medical protective equipment; 65 2. Physical equipment or orthopedic appliances, surgical 66 dressings or bandages, or supportive body bands or other 67 restraints necessary for ongoing medical treatment in the 68 educational setting; 69 3. Devices used to support functional body position or 70 proper balance, or to prevent a person from falling out of a bed 71 or a wheelchair, except when such device is used for any purpose 72 other than supporting a body position or proper balance, such as 73 coercion, discipline, convenience, or retaliation, to prevent 74 imminent risk of serious injury or death of the student or 75 others, or for any other behavior management reason; or 76 4. Equipment used for safety during transportation, such as 77 seatbelts or wheelchair tie-downs. 78 (e) “Medical protective equipment” means health-related 79 protective devices prescribed by a physician or dentist for use 80 as student protection in response to an existing medical 81 condition. 82 (f) “Seclusion” means removing a student from an 83 educational environment, involuntarily confining the student in 84 a room or area, and preventing the student from leaving the room 85 or area if achieved by locking the door or otherwise physically 86 blocking the student’s way, threatening physical force or other 87 consequences, or using physical force. The term does not include 88 the use of time-out. 89 (g) “Student” means a student with a disability. 90 (h) “Time-out” means a procedure in which access to varied 91 sources of reinforcement is removed or reduced for a particular 92 time period contingent on a response. The opportunity to receive 93 reinforcement is contingently removed for a specified time. 94 Either a student is contingently removed from the reinforcing 95 environment or the reinforcing environment is contingently 96 removed for some stipulated duration. The term does not include 97 the use of a locked room, a blocked exit, or physical force or 98 threats. 99 (2) LEGISLATIVE FINDINGS AND INTENT.— 100 (a) The Legislature finds that public schools have a 101 responsibility to ensure that each student is treated with 102 respect and dignity in a trauma-informed environment that 103 provides for the physical safety and security of students and 104 others. 105 (b) The Legislature finds that students, educators, and 106 families are concerned about the use of seclusion and restraint, 107 particularly when used on students in special education 108 programs. Seclusion and restraint refer to safety procedures in 109 which a student is isolated from others or physically held in 110 response to serious problem behavior that places the student or 111 others at risk of injury or harm. The Legislature is concerned 112 that these procedures are prone to misapplication and abuse and 113 place a student at an equal or greater risk than the risk of the 114 student’s problem behavior. Moreover, the Legislature is 115 concerned about the inadequate documentation of seclusion or 116 restraint procedures, the failure to notify parents when 117 seclusion or restraint is applied, and the failure to use data 118 to analyze and address the cause of the precipitating behavior. 119 Particular concerns include: 120 1. The inappropriate selection and implementation of 121 seclusion or restraint as a treatment or behavioral intervention 122 rather than as a safety procedure. 123 2. The inappropriate use of seclusion or restraint in 124 connection with behaviors, such as noncompliance, threats, or 125 disruption, which do not place the student or others at risk of 126 injury or harm. 127 3. The potential for injury or harm to students, peers, or 128 staff during attempts to conduct seclusion or restraint. 129 4. The potential for increased risk of injury or harm when 130 seclusion or restraint is implemented by staff who are not 131 adequately trained. 132 5. The potential for the inadvertent reinforcement or 133 magnification of the problem behavior with the use of seclusion 134 or restraint. 135 6. The implementation of seclusion or restraint independent 136 of comprehensive, function-based behavioral intervention plans. 137 (c) The Legislature finds that the majority of problem 138 behaviors that are currently used to justify seclusion or 139 restraint could be prevented with early identification and 140 intensive early intervention. The need for seclusion or 141 restraint is, in part, a result of an insufficient investment in 142 prevention efforts. The Legislature further finds that the use 143 of seclusion or restraint may produce trauma in students. For 144 such students, who are already experiencing trauma, the use may 145 cause retraumatization. The lasting effects of unaddressed 146 childhood trauma place a heavy burden on individuals, families, 147 and communities. Research has shown that trauma significantly 148 increases the risk of mental health problems, difficulties with 149 social relationships and behavior, physical illness, and poor 150 school performance. 151 (d) The Legislature intends that students be free from 152 seclusion and free from the abusive and unnecessary use of 153 restraint in public schools. The Legislature further intends to 154 achieve an ongoing reduction of, leading to the prevention of, 155 the use of manual physical restraint in public schools and, 156 specifically, to prohibit the use of seclusion, prone and supine 157 restraint, and mechanical restraint on students. The Legislature 158 also intends that manual physical restraint be used only when an 159 imminent risk of serious injury or death exists; that manual 160 physical restraint not be employed as punishment, for the 161 convenience of staff, or as a substitute for a positive 162 behavior-support plan; and that, if manual physical restraint is 163 used, persons applying such restraint impose the least possible 164 restrictions and discontinue the restraint as soon as the threat 165 of imminent risk of serious injury or death ceases. 166 (3) MANUAL PHYSICAL RESTRAINT.—Manual physical restraint 167 may be used only in an emergency when there is an imminent risk 168 of serious injury or death to the student or others. 169 (a) Manual physical restraint may be used only for the 170 period of time necessary to eliminate the imminent risk of 171 serious injury or death to the student or others. 172 (b) The degree of force applied during manual physical 173 restraint must be only that degree of force necessary to protect 174 the student or others from bodily injury. 175 (c) Manual physical restraint shall be used only by school 176 personnel who are qualified and certified to use the district 177 approved methods for the appropriate application of specific 178 restraint techniques. School personnel who have received 179 training that is not associated with their employment with the 180 school district, such as a former law enforcement officer who is 181 now a teacher, shall be certified in the specific district 182 approved techniques and may not apply techniques or procedures 183 acquired elsewhere. 184 (d) School personnel may not manually physically restrain a 185 student except when an imminent risk of serious injury or death 186 to the student or others exists. 187 (e) School personnel may not use any of the following 188 manual physical restraint techniques on a student: 189 1. Prone and supine restraint. 190 2. Pain inducement to obtain compliance. 191 3. Bone locks. 192 4. Hyperextension of joints. 193 5. Peer restraint. 194 6. Mechanical restraint. 195 7. Pressure or weight on the chest, lungs, sternum, 196 diaphragm, back, or abdomen, causing chest compression. 197 8. Straddling or sitting on any part of the body or any 198 maneuver that places pressure, weight, or leverage on the neck 199 or throat, on an artery, or on the back of the student’s head or 200 neck or that otherwise obstructs or restricts the circulation of 201 blood or obstructs an airway. 202 9. Any type of choking, including hand chokes, and any type 203 of neck or head hold. 204 10. Any technique that involves pushing anything on or into 205 the student’s mouth, nose, eyes, or any part of the face or that 206 involves covering the face or body with anything, including soft 207 objects such as pillows or washcloths. 208 11. Any maneuver that involves punching, hitting, poking, 209 pinching, or shoving. 210 12. Any type of mat or blanket restraint. 211 13. Water or lemon sprays. 212 (f) The school shall ensure that a student is medically 213 evaluated by a physician, nurse, or other qualified medical 214 professional as soon as possible after the student has been 215 manually physically restrained by school personnel. 216 (4) SECLUSION; TIME-OUT.— 217 (a) School personnel may not place a student in seclusion. 218 (b) School personnel may place a student in time-out if the 219 following conditions are met: 220 1. The time-out is part of a positive behavioral 221 intervention plan developed for that student from a functional 222 behavioral assessment and referenced in the student’s individual 223 education plan. 224 2. There is documentation that the time-out was preceded by 225 the use of other positive behavioral supports that were not 226 effective. 227 3. The time-out takes place in a classroom or in another 228 environment where class educational activities are taking place. 229 4. The student is not physically prevented from leaving the 230 time-out area. 231 5. The student is observed on a constant basis by an adult 232 for the duration of the time-out. 233 6. The time-out area and process are free of any action 234 that is likely to embarrass or humiliate the student. 235 (c) Time-out may not be used for a period that exceeds 1 236 minute for each year of a student’s age, and time-out must end 237 immediately when the student is calm enough to return to his or 238 her seat. 239 (d) Time-out may not be used as a punishment or negative 240 consequence of a student’s behavior. 241 (5) TRAINING AND CERTIFICATION.— 242 (a) Each school district shall report its training and 243 certification procedures to the department by publishing the 244 procedures in the district’s special policies and procedures 245 manual. 246 (b) Training for initial certification in the use of manual 247 physical restraint must include: 248 1. Procedures for deescalating problem behaviors before the 249 problems increase to a level or intensity necessitating physical 250 intervention. 251 2. Information regarding the risks associated with manual 252 physical restraint and procedures for assessing individual 253 situations and students in order to determine if the use of 254 manual physical restraint is appropriate and sufficiently safe. 255 3. The actual use of specific techniques that range from 256 the least to most restrictive, with ample opportunity for 257 trainees to demonstrate proficiency in the use of such 258 techniques. 259 4. Techniques for implementing manual physical restraint 260 with multiple staff members working as a team. 261 5. Techniques for assisting a student to reenter the 262 instructional environment and again engage in learning. 263 6. Instruction in the district’s documentation and 264 reporting requirements. 265 7. Procedures to identify and deal with possible medical 266 emergencies arising during the use of manual physical restraint. 267 8. Cardiopulmonary resuscitation. 268 (c) School districts shall provide refresher certification 269 training courses in manual physical restraint techniques at 270 least annually to all staff members who have successfully 271 completed the initial certification program. The district must 272 identify those persons to be certified and maintain a record 273 that includes the name and position of the person certified, the 274 date of the most recent certification, an indication of whether 275 it was an initial certification or a refresher certification, 276 and whether the individual successfully completed the 277 certification and achieved proficiency. 278 (d) School district policies regarding the use of manual 279 physical restraint must address whether it is appropriate for an 280 employee working in specific settings, such as a school bus 281 driver, school bus aide, job coach, employment specialist, or 282 cafeteria worker, to be certified in manual physical restraint 283 techniques. In the case of school resource officers or others 284 who may be employed by other agencies when working in a school, 285 administrators shall review each agency’s specific policies to 286 be aware of techniques that may be used. 287 (6) STUDENT-CENTERED FOLLOWUP.—If a student is manually 288 physically restrained more than twice during a school year, the 289 school shall review the student’s functional behavioral 290 assessment and positive behavioral intervention plan. 291 (7)(1)DOCUMENTATION AND REPORTING.— 292 (a) At the beginning of each school year, a school district 293 shall provide a copy of its policies on emergency procedures, 294 including its policies on the use of manual physical restraint, 295 to each student’s parent or guardian. The student’s parent or 296 guardian must sign a form indicating that he or she has received 297 and read the district’s policies, which the student’s school 298 shall retain on file. 299 (b)(a)A school shall prepare an incident report within 24 300 hours after a student is released from a restraintor seclusion. 301 If the student’s release occurs on a day before the school 302 closes for the weekend, a holiday, or another reason, the 303 incident report must be completed by the end of the school day 304 on the day the school reopens. 305 (c)(b)The following must be included in the incident 306 report: 307 1. The name of the student restrainedor secluded. 308 2. The age, grade, ethnicity, and disability of the student 309 restrainedor secluded. 310 3. The date and time of the event and the duration of the 311 restraintor seclusion. 312 4. The location at which the restraintor seclusion313 occurred. 314 5. A description of the type of restraint used in terms 315 established by the Department of Education. 316 6. The name of the person using or assisting in the 317 restraintor seclusionof the student. 318 7. The name of any nonstudent who was present to witness 319 the restraintor seclusion. 320 8. A description of the incident, including: 321 a. The context in which the restraintor seclusion322 occurred. 323 b. The student’s behavior leading up to and precipitating 324 the decision to use manual physicalmanual or physicalrestraint 325or seclusion, including an indication as to why there was an 326 imminent risk of serious injury or death to the student or 327 others. 328 c. The specific positive behavioral strategies used to 329 prevent and deescalate the behavior. 330 d. What occurred with the student immediately after the 331 termination of the restraintor seclusion. 332 e. Any injuries, visible marks, or possible medical 333 emergencies that may have occurred during the restraintor334seclusion, documented according to district policies. 335 f. The results of the medical evaluation and a copy of any 336 report by the medical professionals conducting the evaluation, 337 if available. If the medical report is not available within 24 338 hours, the district must submit the medical report separately as 339 soon as it becomes available. 340 g.f.Evidence of steps taken to notify the student’s parent 341 or guardian. 342 (d)(c)A school shall notify the parent or guardian of a 343 student each time manual physicalmanual or physicalrestraint 344or seclusionis used. Such notification must be in writing and 345 provided before the end of the school day on which the restraint 346or seclusionoccurs. Reasonable efforts must also be taken to 347 notify the parent or guardian by telephone orcomputere-mail, 348 or both, and these efforts must be documented. The school shall 349 obtain, and keep in its records, the parent’s or guardian’s 350 signed acknowledgment that he or she was notified of his or her 351 child’s restraintor seclusion. 352 (e)(d)A school shall also provide the parent or guardian 353 with the completed incident report in writing by mail within 3 354 school days after a student was manually physicallymanually or355physicallyrestrainedor secluded. The school shall obtain, and 356 keep in its records, the parent’s or guardian’s signed 357 acknowledgment that he or she received a copy of the incident 358 report. 359 (8)(2)MONITORING.— 360 (a)Monitoring ofThe use of manual physicalmanual or361physicalrestraintor seclusionon students shall be monitored 362occurat the classroom, building, district, and state levels. 363 (b) Any documentation prepared by a school pursuant toas364required insubsection (7)(1)shall be provided to the school 365 principal, the district director of Exceptional Student 366 Education, and the bureau chief of the Bureau of Exceptional 367 Education and Student Serviceselectronicallyeach weekmonth368 that the school is in session. 369 (c) Each week that a school is in session, the school shall 370 send a redacted copy of any incident report and other 371 documentation prepared pursuant to subsection (7) to Disability 372 Rights Florida. 373 (d)(c)The department shall maintain aggregate data of 374 incidents of manual physicalmanual or physicalrestraintand375seclusionand disaggregate the data for analysis by county, 376 school, student exceptionality, and other variables, including 377 the type and method of restraintor seclusionused. This 378 information shall be updated monthly and made available to the 379 public through the department’s website no later than January 380 31, 2016. 381 (e)(d)The department shall establish standards for 382 documenting, reporting, and monitoring the use of manual 383 physicalmanual or physicalrestraintor mechanical restraint,384and occurrences of seclusion. These standards shall be provided 385 to school districtsby October 1, 2011. 386 (9)(3)SCHOOL DISTRICT POLICIES AND PROCEDURES.— 387 (a) Each school district shall develop policies and 388 procedures that are consistent with this section and that govern 389 the following: 390 1. Allowable use of manual physical restraint on students. 391 2. Personnel authorized to use manual physical restraint. 392 3. Training procedures. 393 4.1.Incident-reporting procedures. 394 5.2.Data collection and monitoring, including when, where, 395 and why students are restrained andor secluded;the frequency 396 of occurrences of such restraintor seclusion; and the prone or397mechanical restraint that is most used. 398 6.3.Monitoring and reporting of data collected. 399 7.4.Training programs relating to manual physicalmanual400or physicalrestraintand seclusion. 401 8.5.The district’s plan for selecting personnel to be 402 trained. 403 9.6.The district’s plan for reducing the use of restraint 404and seclusionparticularly in settings in which it occurs 405 frequently or with students who are restrained repeatedly, and406for reducing the use of prone restraint and mechanical407restraint. The plan must include a goal for reducing the use of 408 restraintand seclusionand must include activities, skills, and 409 resources needed to achieve that goal. Activities may include, 410 but are not limited to: 411 a. Additional training in positive behavioral support and 412 crisis management; 413 b. Parental involvement; 414 c. Data review; 415 d. Updates of students’ functional behavioral analysis and 416 positive behavior intervention plans; 417 e. Additional student evaluations; 418 f. Debriefing with staff; 419 g. Use of schoolwide positive behavior support; and 420 h. Changes to the school environment. 421 10. Analysis of data to determine trends. 422 11. Ongoing reduction of the use of manual physical 423 restraint. 424 (b) Any revisions that a school district makes to itsto425the district’spolicies and procedures, which aremust be426 prepared as part of the school district’sitsspecial policies 427 and procedures, must be filed with the bureau chief of the 428 Bureau of Exceptional Education and Student Servicesno later429than January 31, 2012. 430(4) PROHIBITED RESTRAINT.—School personnel may not use a431mechanical restraint or a manual or physical restraint that432restricts a student’s breathing.433(5) SECLUSION.—School personnel may not close, lock, or434physically block a student in a room that is unlit and does not435meet the rules of the State Fire Marshal for seclusion time-out436rooms.437 Section 2. This act shall take effect July 1, 2015.