Florida Senate - 2011                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1696
       
       
       
       
       
       
                                Barcode 511776                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/14/2011           .                                
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       The Committee on Budget Subcommittee on Education Pre-K - 12
       Appropriations (Flores) recommended the following:
       
    1         Senate Amendment to Amendment (129976) (with title
    2  amendment)
    3  
    4         Between lines 833 and 834
    5  insert:
    6         Section 20. Section 1003.573, Florida Statutes, is amended
    7  to read:
    8         1003.573 Use of seclusion and restraint and seclusion on
    9  students with disabilities.—
   10         (1) DOCUMENTATION AND REPORTING.—
   11         (a) A school shall prepare an incident report within 24
   12  hours after a student is released from restraint or seclusion.
   13  If the student’s release occurs on a day before the school
   14  closes for the weekend, a holiday, or another reason, the
   15  incident report must be completed by the end of the school day
   16  on the day the school reopens.
   17         (b) The following must be included in the incident report:
   18         1. The name of the student restrained or secluded.
   19         2. The age and ethnicity and the eligibility of the student
   20  restrained or secluded.
   21         3.2. The date and time of the event and the duration of the
   22  restraint or seclusion.
   23         4.3. The location at which the restraint or seclusion
   24  occurred.
   25         5.4.A description of the type of restraint used in terms
   26  established by the Department of Education.
   27         6.5. The name of the person using or assisting in the
   28  restraint or seclusion of the student.
   29         7.6. The name of any nonstudent who was present to witness
   30  the restraint or seclusion.
   31         8.7. A description of the incident, including:
   32         a. The context in which the restraint or seclusion
   33  occurred.
   34         b. The student’s behavior leading up to and precipitating
   35  the decision to use manual or physical restraint or seclusion,
   36  including an indication as to why there was an imminent risk of
   37  serious injury or death to the student or others.
   38         c. The specific positive behavioral strategies used to
   39  prevent and deescalate the behavior.
   40         d. What occurred with the student immediately after the
   41  termination of the restraint or seclusion.
   42         e. Any injuries, visible marks, or possible medical
   43  emergencies that may have occurred during the restraint or
   44  seclusion, documented according to district policies.
   45         f. Evidence of steps taken to notify the student’s parent
   46  or guardian.
   47         (c) A school shall notify the parent or guardian of a
   48  student each time manual or physical restraint or seclusion is
   49  used. Such notification must be in writing and provided before
   50  the end of the school day on which the restraint or seclusion
   51  occurs. Reasonable efforts must also be taken to notify the
   52  parent or guardian by telephone or computer e-mail, or both, and
   53  these efforts must be documented. The school shall obtain, and
   54  keep in its records, the parent’s or guardian’s signed
   55  acknowledgment that he or she was notified of his or her child’s
   56  restraint or seclusion.
   57         (d) A school shall also provide the parent or guardian with
   58  the completed incident report in writing by mail within 3 school
   59  days after a student was manually or physically restrained or
   60  secluded. The school shall obtain, and keep in its records, the
   61  parent’s or guardian’s signed acknowledgment that he or she
   62  received a copy of the incident report.
   63         (2) MONITORING.—
   64         (a) Monitoring of the use of manual or physical restraint
   65  or seclusion on students shall occur at the classroom, building,
   66  district, and state levels.
   67         (b) Beginning July 1, 2010, Documentation prepared as
   68  required in subsection (1) shall be provided to the school
   69  principal, the district director of Exceptional Student
   70  Education, and the bureau chief of the Bureau of Exceptional
   71  Education and Student Services electronically each month that
   72  the school is in session.
   73         (c) The department shall maintain aggregate data of
   74  incidents of manual or physical restraint and seclusion and
   75  disaggregate the data for analysis by county, school, student
   76  exceptionality, and other variables, including the type and
   77  method of restraint or seclusion used. This information shall be
   78  updated monthly.
   79         (d) The department shall establish standards for
   80  documenting, reporting, and monitoring the use of manual or
   81  physical restraint or mechanical restraint, and occurrences of
   82  seclusion. These standards shall be provided to school districts
   83  by October 1, 2011.
   84         (3) SCHOOL DISTRICT POLICIES AND PROCEDURES.—
   85         (a) Each school district shall develop policies and
   86  procedures that are consistent with this section and that govern
   87  the following:
   88         1. Incident-reporting procedures.
   89         2. Data collection and monitoring, including when, where,
   90  and why students are restrained or secluded; the frequency of
   91  occurrences of such restraint or seclusion; and the prone or
   92  mechanical restraint that is most used.
   93         3. Monitoring and reporting of data collected.
   94         4. Training programs relating to manual or physical
   95  restraint and seclusion.
   96         5. The district’s plan for selecting personnel to be
   97  trained.
   98         6. The district’s plan for reducing the use of restraint
   99  and seclusion particularly in settings in which it occurs
  100  frequently or with students who are restrained repeatedly, and
  101  for reducing the use of prone restraint and mechanical
  102  restraint. The plan must include a goal for reducing the use of
  103  restraint and seclusion and must include activities, skills, and
  104  resources needed to achieve that goal. Activities may include,
  105  but are not limited to:
  106         a. Additional training in positive behavioral support and
  107  crisis management;
  108         b. Parental involvement;
  109         c. Data review;
  110         d. Updates of students’ functional behavioral analysis and
  111  positive behavior intervention plans;
  112         e. Additional student evaluations;
  113         f. Debriefing with staff;
  114         g. Use of schoolwide positive behavior support; and
  115         h. Changes to the school environment.
  116         (b) Any revisions to the district’s such policies and
  117  procedures, which must be prepared as part of its the school
  118  district’s special policies and procedures, must be filed with
  119  the bureau chief of the Bureau of Exceptional Education and
  120  Student Services no later than January 31, 2012 2011.
  121         (4) PROHIBITED RESTRAINT.—School personnel may not use a
  122  mechanical restraint or a manual or physical restraint that
  123  restricts a student’s breathing.
  124         (5) SECLUSION.—School personnel may not close, lock, or
  125  physically block a student in a room that is unlit and does not
  126  meet the rules of the State Fire Marshal for seclusion time-out
  127  rooms.
  128  
  129  ================= T I T L E  A M E N D M E N T ================
  130         And the title is amended as follows:
  131         Delete line 1705
  132  and insert:
  133         academy courses; amending s. 1003.573, F.S.; revising
  134         provisions relating to the use of restraint and
  135         seclusion on students with disabilities; requiring
  136         that certain information be included in incident
  137         reports; removing an obsolete date; requiring that the
  138         Department of Education maintain certain data of
  139         incidents of manual or physical restraint and
  140         seclusion and establish standards for documenting,
  141         reporting, and monitoring the use of restraint and
  142         seclusion; requiring that the department provide these
  143         standards to school districts by a specified date;
  144         revising provisions relating to school district
  145         policies and procedures to include monitoring,
  146         training, selecting personnel to be trained, and
  147         planning for reducing the use of restraint and
  148         seclusion; extending the date that such policies and
  149         procedures must be revised and filed with the bureau
  150         chief of the Bureau of Exceptional Education and
  151         Student Services within the Department of Education;
  152         amending s. 1003.575, F.S.; providing