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A bill to be entitled

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An act relating to the discipline of students with

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disabilities; amending s. 1003.57, F.S.; providing

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definitions; providing legislative intent and findings;

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requiring the training of school personnel concerning

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procedures for safely restraining students with

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disabilities in an emergency; providing for reporting such

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procedures to the Department of Education by publication

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in the school district's policies and procedures manual;

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prohibiting school personnel from restraining a student

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with disabilities except in specified circumstances;

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prohibiting school personnel from restraining a student

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with disabilities for a behavioral intervention or when

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the student is prone; requiring a medical evaluation after

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school personnel restrain a student with disabilities;

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prohibiting school personnel from placing a student with

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disabilities in forced seclusion; prohibiting school

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personnel from threatening to place a student with

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disabilities in time-out; providing certain exceptions;

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requiring that a school prepare an incident report after

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each occasion that school personnel restrain a student

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with disabilities; providing requirements concerning the

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report's contents and completion; requiring that the

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school contact the parent or guardian of a student with

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disabilities who is placed in restraint by school

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personnel; providing requirements for making such contact

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and recording attempts to make contact; providing

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requirements concerning the provision of the incident

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report to the student's parent or guardian, the Department

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of Education, and the Advocacy Center for Persons with

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Disabilities, Inc.; requiring that school districts, in

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cooperation with parents of students with disabilities,

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form a group to review incident reports; requiring that a

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student's name be redacted from the incident report;

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requiring that the school district cooperate with parents

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of students with disabilities participating in the group;

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providing an effective date.

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Be It Enacted by the Legislature of the State of Florida:

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     Section 1.  Subsection (3) is added to section 1003.57,

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Florida Statutes, to read:

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     1003.57  Exceptional students instruction.--

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     (3)(a) As used in this subsection, the term:

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     1. "Restrain" means to use a manual method, a device, or a

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material to restrict the student's freedom of movement or normal

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access to his or her body. The term includes, but is not limited

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to, restricting such movement or access by using a mechanical

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device, manual or physical restraint, or medication that is not a

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standard treatment for the student's condition to manage his or

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her behavior.

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     2. "Forced seclusion" means to remove the student from an

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educational environment, involuntarily confine the student in a

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room or area, and prevent the student from leaving the room or

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area if achieved by a show of authority, a threat of physical

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force or other consequences, or physical force. The term does not

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include placing a student in time-out.

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     3. "Time-out" means to place a student who has displayed a

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well-defined and articulated behavior in a less reinforcing

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environment for a period of time. The term does not include

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placing a student in seclusion for an extended period.

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     (b) The Legislature intends that the least restrictive

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means of intervention be employed based on the needs of an

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individual student with disabilities. It is the policy of this

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state that the use of restraint on students with disabilities is

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justified only as an emergency measure and the use of forced

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seclusion on such students is not justified in any circumstance.

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The Legislature finds that restraint and forced seclusion are

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interventions that pose physical and psychological dangers for

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students and school personnel and that students with disabilities

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are especially vulnerable to the harmful effects of restraint and

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forced seclusion. For these reasons, the Legislature finds that

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school personnel should not place a student with disabilities in

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forced seclusion and should not restrain a student with

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disabilities except in an emergency situation when there is a

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demonstrable, imminent, and ongoing risk of significant physical

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danger to the student or others and no less intrusive alternative

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is feasible.

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     (c) School personnel who interact with students with

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disabilities must receive an initial training and periodic

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followup training in procedures for safely restraining such

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students in an emergency which are approved by the district

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school board. Each school district shall report such procedures

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to the Department of Education by publishing the procedures in

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the district's special policies and procedures manual.

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     (d) School personnel may not restrain a student with

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disabilities:

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     1. Except in an emergency when there is a demonstrable,

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imminent, and ongoing risk of significant physical danger to the

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student or others and a less intrusive alternative is not

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feasible.

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     2. As a behavioral intervention.

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     3. Solely for having caused property damage, except in an

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emergency when there is a demonstrable, imminent, and ongoing

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risk of significant physical danger to the student or others.

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     4. As a response to one or more behaviors that have

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occurred, except in an emergency when there is a demonstrable,

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imminent, and ongoing risk of significant physical danger to the

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student or others.

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     5. While the student is lying prone.

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     (e) As soon as possible after a student with disabilities

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is placed in restraint by school personnel, the school shall

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ensure that the student is medically evaluated by a physician,

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nurse, or other qualified medical personnel.

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     (f) School personnel may not place a student with

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disabilities in forced seclusion.

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     (g) School personnel may not threaten to place a student

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with disabilities in time-out. School personnel may place a

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student with disabilities in time-out if:

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     1. The time-out is part of a behavior-intervention plan

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developed for that student from a functional behavioral

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assessment and documented on that student's individual education

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plan;

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     2. There is documentation that the time-out was preceded by

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other interventions that used positive behavioral supports that

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were not effective;

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     3. The time-out takes place in the classroom or in another

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environment where the class educational activities are taking

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place;

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     4. The student is not physically prevented from leaving the

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time-out area;

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     5. The student is observed on a constant basis by an adult

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for the duration of the time-out;

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     6. The time-out area and process is free of any action that

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is likely to embarrass or humiliate the student;

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     7. The time-out is for a period that does not exceed 1

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minute for each year of the student's age and the time-out ends

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immediately when the student is calm enough to return to his or

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her seat; or

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     8. The time-out is not used as a punishment or a negative

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consequence of a child's behavior.

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     (h) The school shall prepare a written report after each

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incident in which school personnel restrain a student with

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disabilities. The incident report must be prepared within 24

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hours after the student is released from the restraint or, if the

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release occurs on a day before the school closes for the weekend,

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a holiday, or for another reason, the report must be completed by

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the end of the school day after the school reopens. Each incident

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report must include, but need not be limited to:

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     1. The name or initials of the student;

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     2. The date, time, and duration of the incident;

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     3. The type of restraint used;

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     4. The location of incident;

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     5. The names and job titles of all school personnel who

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were involved in the incident;

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     6. The names and job titles of all school personnel who

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observed the incident;

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     7. The names or initials of all students who observed the

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incident;

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     8. A specific description of the behavior that resulted in

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the restraint;

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     9. A statement of how the determination was made that the

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criteria in paragraph (d) were satisfied;

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     10. A description of each intervention that was attempted

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before the restraint;

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     11. The results of the medical assessment required under

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paragraph (e) and a copy of any report by the medical

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professionals conducting the assessment; and

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     12. The date of the student's most recent functional

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behavior assessment and behavior-intervention plan and a copy of

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the student's current behavior-intervention plan.

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     (i)1. If school personnel restrain a student with

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disabilities, the school shall contact the student's parent or

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guardian as soon as practically possible. The first attempt to

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contact the student's parent or guardian must be made within 1

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hour after the student is released from the restraint. If school

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personnel are unable to reach the parent or guardian by

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telephone, the school shall keep a record that documents each

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attempt to make such contact, including the name of each staff

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member who called, the time of the call, and the number called.

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     2. The school shall provide the student's parent or

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guardian with a copy of the incident report as soon as possible,

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but no later than 24 hours after the time that the report is

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required to be prepared under paragraph (h). The school shall

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obtain, and keep in its records, the parent's or guardian's

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signed acknowledgement of receipt of the report. The school shall

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also provide a copy of the incident report to the Bureau of

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Exceptional Education and Student Services of the Department of

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Education and the Advocacy Center for Persons with Disabilities,

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Inc.

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     (j) Each school district, in cooperation with parents or

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guardians of students with disabilities, shall form a group of

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school personnel and parents or guardians to review each incident

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when school personnel restrain a student with disabilities who is

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enrolled in a school within the district. At least half of the

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members of the community review group must be parents or

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guardians of students with disabilities. Each school that

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prepares an incident report under paragraph (h) shall provide the

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community review group with a copy of the incident report upon

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which any student names are redacted. The group shall conduct a

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timely review of each report provided. The school district shall

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cooperate with parents of students with disabilities in

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participating in the review group.

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     Section 2.  This act shall take effect July 1, 2008.