Florida Senate - 2011                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1696
       
       
       
       
       
       
                                Barcode 949738                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  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 (with title amendment)
    2  
    3         Between lines 1046 and 1047
    4  insert:
    5         Section 18. Section 1003.573, Florida Statutes, is amended
    6  to read:
    7         1003.573 Use of seclusion and restraint and seclusion on
    8  students with disabilities.—
    9         (1) DOCUMENTATION AND REPORTING.—
   10         (a) A school shall prepare an incident report within 24
   11  hours after a student is released from restraint or seclusion.
   12  If the student’s release occurs on a day before the school
   13  closes for the weekend, a holiday, or another reason, the
   14  incident report must be completed by the end of the school day
   15  on the day the school reopens.
   16         (b) The following must be included in the incident report:
   17         1. The name of the student restrained or secluded.
   18         2. The age, ethnicity, and the eligibility of the student
   19  restrained or secluded.
   20         3.2. The date and time of the event and the duration of the
   21  restraint or seclusion.
   22         4.3. The location at which the restraint or seclusion
   23  occurred.
   24         5.4.A description of the type of restraint used in terms
   25  established by the Department of Education.
   26         6.5. The name of the person using or assisting in the
   27  restraint or seclusion of the student.
   28         7.6. The name of any nonstudent who was present to witness
   29  the restraint or seclusion.
   30         8.7. A description of the incident, including:
   31         a. The context in which the restraint or seclusion
   32  occurred.
   33         b. The student’s behavior leading up to and precipitating
   34  the decision to use manual or physical restraint or seclusion,
   35  including an indication as to why there was an imminent risk of
   36  serious injury or death to the student or others.
   37         c. The specific positive behavioral strategies used to
   38  prevent and deescalate the behavior.
   39         d. What occurred with the student immediately after the
   40  termination of the restraint or seclusion.
   41         e. Any injuries, visible marks, or possible medical
   42  emergencies that may have occurred during the restraint or
   43  seclusion, documented according to district policies.
   44         f. Evidence of steps taken to notify the student’s parent
   45  or guardian.
   46         (c) A school shall notify the parent or guardian of a
   47  student each time manual or physical restraint or seclusion is
   48  used. Such notification must be in writing and provided before
   49  the end of the school day on which the restraint or seclusion
   50  occurs. Reasonable efforts must also be taken to notify the
   51  parent or guardian by telephone or computer e-mail, or both, and
   52  these efforts must be documented. The school shall obtain, and
   53  keep in its records, the parent’s or guardian’s signed
   54  acknowledgment that he or she was notified of his or her child’s
   55  restraint or seclusion.
   56         (d) A school shall also provide the parent or guardian with
   57  the completed incident report in writing by mail within 3 school
   58  days after a student was manually or physically restrained or
   59  secluded. The school shall obtain, and keep in its records, the
   60  parent’s or guardian’s signed acknowledgment that he or she
   61  received a copy of the incident report.
   62         (2) MONITORING.—
   63         (a) Monitoring of the use of manual or physical restraint
   64  or seclusion on students shall occur at the classroom, building,
   65  district, and state levels.
   66         (b) Beginning July 1, 2010, Documentation prepared as
   67  required in subsection (1) shall be provided to the school
   68  principal, the district director of Exceptional Student
   69  Education, and the bureau chief of the Bureau of Exceptional
   70  Education and Student Services electronically each month that
   71  the school is in session.
   72         (c) The department shall maintain aggregate data of
   73  incidents of manual or physical restraint and seclusion and
   74  disaggregate the data for analysis by county, school, student
   75  exceptionality, and other variables, including the type and
   76  method of restraint or seclusion used. This information shall be
   77  updated monthly.
   78         (d) The department shall establish standards for
   79  documenting, reporting, and monitoring the use of manual
   80  physical restraints and mechanical restraints and occurrences of
   81  seclusion. These standards shall be provided to school districts
   82  no later than October 1, 2011.
   83         (3) SCHOOL DISTRICT POLICIES AND PROCEDURES.—
   84         (a) Each school district shall develop policies and
   85  procedures that are consistent with this section and that govern
   86  the following:
   87         1. Incident-reporting procedures.
   88         2. Data collection and monitoring, including when, where,
   89  and why students are restrained or secluded; the frequency of
   90  occurrences of such restraint or seclusion; and the most used
   91  prone or mechanical restraint.
   92         3. Monitoring and reporting of data collected.
   93         4. Training programs relating to manual or physical
   94  restraint and seclusion.
   95         5. The district’s plan for selecting personnel to be
   96  trained.
   97         7. The district’s plan for reducing the use of restraint
   98  and seclusion particularly in settings in which it occurs more
   99  frequently and with students who are restrained repeatedly, or
  100  with prone or mechanical restraints. The plan must include a
  101  goal for reducing the use of restraint and seclusion and the
  102  activities, skills, and resources needed to achieve that goal.
  103  Activities may include, but are not limited to:
  104         a. Additional training in positive behavioral support and
  105  crisis management;
  106         b. Parental involvement;
  107         c. Data review;
  108         d. Updates to students’ functional behavioral analysis and
  109  positive behavior intervention plans;
  110         e. Needs for additional student evaluations;
  111         f. Debriefing with staff;
  112         g. Use of school-wide positive behavior support; and
  113         h. Changes to the school environment.
  114         (b) Any revisions to the district’s such policies and
  115  procedures, which must be prepared as part of its the school
  116  district’s special policies and procedures, must be revised and
  117  filed with the bureau chief of the Bureau of Exceptional
  118  Education and Student Services no later than January 31, 2012
  119  2011.
  120         (4) PROHIBITED RESTRAINT.—School personnel may not use a
  121  mechanical restraint or a manual physical restraint that
  122  restricts a student’s breathing.
  123         (5) SECLUSION.—School personnel may not close, lock, or
  124  physically block a student in a room that is unlit and does not
  125  meet the rules of the State Fire Marshal for seclusion time-out
  126  rooms.
  127  
  128  ================= T I T L E  A M E N D M E N T ================
  129         And the title is amended as follows:
  130         Delete line 116
  131  and insert:
  132         students; amending s. 1003.573, F.S.; revising
  133         provisions relating to the use of restraint and
  134         seclusion on students with disabilities; requiring
  135         that certain information be included in incident
  136         reports; removing an obsolete date; requiring that the
  137         Department of Education maintain certain data of
  138         incidents of manual or physical restraint and
  139         seclusion and establish standards for documenting,
  140         reporting, and monitoring the use of restraint and
  141         seclusion; revising provisions relating to school
  142         district policies and procedures to include
  143         monitoring, training, selecting personnel to be
  144         trained, and planning for reducing the use of
  145         restraint and seclusion; extending the date that such
  146         policies and procedures must be revised and filed with
  147         the bureau chief of the Bureau of Exceptional
  148         Education and Student Services within the Department
  149         of Education; amending s. 1003.575, F.S.; revising