1 | A bill to be entitled |
2 | An act relating to the use of restraint and seclusion on |
3 | students with disabilities in public schools; creating s. |
4 | 1003.573, F.S.; providing definitions; providing |
5 | legislative intent and findings; prohibiting school |
6 | personnel from manually physically restraining a student |
7 | with disabilities; providing an exception in emergency |
8 | cases when there is an imminent and significant threat to |
9 | the physical safety of the student or others; prohibiting |
10 | school personnel from using force during manual physical |
11 | restraint; providing exceptions; prohibiting the use of |
12 | manual physical restraint by school personnel who are not |
13 | trained in district-approved methods for applying physical |
14 | restraint; prohibiting mechanical restraint, prone |
15 | restraint, and other specified methods of restraint; |
16 | requiring the school to medically evaluate a student as |
17 | soon as possible after the student is manually physically |
18 | restrained; prohibiting school personnel from placing a |
19 | student with disabilities in forced seclusion; prohibiting |
20 | time-out; providing exceptions; requiring that school |
21 | personnel be trained in seclusion and restraint; providing |
22 | for reporting such procedures to the Department of |
23 | Education by publication in the school district's policies |
24 | and procedures manual; requiring a school to prepare an |
25 | incident report after each occasion when a student is |
26 | physically restrained; requiring that the report contain |
27 | certain information; requiring the school to contact the |
28 | parent or guardian of a student with disabilities who is |
29 | placed in restraint by school personnel; requiring the |
30 | school to send the incident report to the student's parent |
31 | or guardian and the department; providing an effective |
32 | date. |
33 |
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34 | Be It Enacted by the Legislature of the State of Florida: |
35 |
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36 | Section 1. Section 1003.573, Florida Statutes, is created |
37 | to read: |
38 | 1003.573 Use of restraint and seclusion on students with |
39 | disabilities in public schools.-- |
40 | (1) DEFINITIONS.--As used in this section, the term: |
41 | (a) "Department" means the Department of Education. |
42 | (b) "Forced seclusion" means removing the student from an |
43 | educational environment, involuntarily confining the student in |
44 | a room or area, and preventing the student from leaving the room |
45 | or area if achieved by locking the door or otherwise physically |
46 | blocking the student's way, threatening physical force or other |
47 | consequences, or using physical force. The term does not include |
48 | placing a student in time-out. |
49 | (c) "Imminent and significant threat to the physical |
50 | safety of the student or others" means serious aggression such |
51 | as repeated kicking, head butting, or use of a body part or |
52 | object that is likely to cause significant injury to another |
53 | person or self-injury such as repeated head banging, face |
54 | slapping, or eye-poking. |
55 | (d) "Manual physical restraint" means 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 | (e) "Mechanical restraint" means a physical device used to |
60 | restrict a student's movement or restrict the normal function of |
61 | the student's body. Objects that fall within the term |
62 | "mechanical restraint" include straps, belts, tie-downs, and |
63 | calming blankets. The term does not include: |
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 medical treatment that is ongoing in |
68 | the educational setting; |
69 | 3. Devices used to support functional body position or |
70 | proper balance, or to prevent a person from falling out of bed |
71 | or a wheelchair; or |
72 | 4. Equipment used for safety during transportation, such |
73 | as seatbelts or wheelchair tie-downs. |
74 | (f) "Medical protective equipment" means health-related |
75 | protective devices prescribed by a physician or dentist for use |
76 | as student protection in response to an existing medical |
77 | condition. |
78 | (g) "Time-out" means to place a student who has displayed |
79 | a well-defined and articulated behavior in a less reinforcing |
80 | environment for a period of time. |
81 | (2) LEGISLATIVE FINDINGS AND INTENT.-- |
82 | (a) The Legislature intends that students with |
83 | disabilities be free from the unnecessary use of seclusion or |
84 | restraint in the public schools in this state. The Legislature |
85 | finds that students, educators, and families are concerned about |
86 | the use of manual physical restraint, particularly when |
87 | restraint is used on students in special education programs. The |
88 | concerns include the use of manual physical restraint when less |
89 | intrusive measures of intervention are preferable, the lack of |
90 | adequate training for staff, inadequate documentation of |
91 | restraint procedures that are used, the failure of school |
92 | officials to notify parents when restraint is applied, and the |
93 | failure to use data to further analyze and address the cause of |
94 | the precipitating behavior. |
95 | (b) The Legislature finds that public schools have a |
96 | responsibility to ensure that all students are treated with |
97 | respect and dignity in an environment that provides for the |
98 | physical safety and security of students and staff. |
99 | (c) The Legislature further finds that use of manual |
100 | physical restraint may have a long-lasting emotional effect on |
101 | the student being restrained and that manual physical restraint |
102 | can cause serious injury or death to the student. Manual |
103 | physical restraint must be employed only to protect the student |
104 | or others from imminent and significant threat to the physical |
105 | safety of the student or others. Manual physical restraint may |
106 | not be employed as punishment, for the convenience of staff, or |
107 | as a substitute for a behavior-support plan. When it is used, |
108 | persons applying manual physical restraint shall impose the |
109 | least possible restrictions consistent with its purpose and |
110 | shall discontinue the restraint when the threat of imminent |
111 | danger ends. |
112 | (d) The Legislature, through the Department of Education, |
113 | intends to achieve an ongoing reduction in the use of manual |
114 | physical restraint in the public schools and to prohibit the use |
115 | of forced seclusion or mechanical restraint on students with |
116 | disabilities. |
117 | (3) MANUAL PHYSICAL RESTRAINT.--Manual physical restraint |
118 | shall be used only in an emergency when there is an imminent and |
119 | significant threat to the physical safety of the student or |
120 | others. |
121 | (a) Manual physical restraint shall be used only for the |
122 | period needed in order to eliminate the imminent threat of harm |
123 | to the student or others. |
124 | (b) The degree of force applied during manual physical |
125 | restraint must be only that degree of force necessary to protect |
126 | the student or another from bodily injury. |
127 | (c) Manual physical restraint shall be used only by school |
128 | personnel who are qualified and trained to use the district- |
129 | approved methods for the appropriate application of specific |
130 | restraint techniques. School personnel who have received |
131 | training not associated with their employment with the school |
132 | district, such as a former law enforcement officer who is now a |
133 | teacher, shall be trained in the specific district-approved |
134 | techniques and may not apply techniques or procedures acquired |
135 | elsewhere. |
136 | (d) School personnel may not manually physically restrain |
137 | a student with disabilities except: |
138 | 1. When there exists an imminent and significant threat to |
139 | the physical safety of the student or others; |
140 | 2. As an appropriate behavioral intervention; or |
141 | 3. When used to prevent property damage when damage to |
142 | property threatens the safety of the student. |
143 | (e) School personnel may not under any circumstances use |
144 | the following manual physical restraint techniques on a student |
145 | with disabilities: |
146 | 1. Prone restraint; |
147 | 2. Pain inducement to obtain compliance; |
148 | 3. Bone locks; |
149 | 4. Hyperextension of joints; |
150 | 5. Peer restraint; |
151 | 6. Mechanical restraint; |
152 | 7. Pressure or weight on the chest, lungs, sternum, |
153 | diaphragm, back, or abdomen, causing chest compression; |
154 | 8. Straddling or sitting on any part of the body, or any |
155 | maneuver that places pressure, weight, or leverage on the neck |
156 | or throat, on any artery, or on the back of the student's head |
157 | or neck, or that otherwise obstructs or restricts the |
158 | circulation of blood or obstructs an airway; |
159 | 9. Any type of choking, hand chokes, and any type of neck |
160 | or head hold; |
161 | 10. Any technique that involves pushing on or into the |
162 | student's mouth, nose, eyes, or any part of the face, or |
163 | covering the face or body with anything, including soft objects |
164 | such as pillows or washcloths; |
165 | 11. Any maneuver that involves punching, hitting, poking, |
166 | pinching, or shoving; |
167 | 12. Any type of mat or blanket restraint; and |
168 | 13. Water or lemon sprays. |
169 | (f) The school shall have the student medically evaluated |
170 | by a physician, nurse, or other qualified medical professional |
171 | as soon as possible after the student with disabilities has been |
172 | manually physically restrained by school personnel. |
173 | (4) FORCED SECLUSION.-- |
174 | (a) School personnel may not place a student with |
175 | disabilities in forced seclusion. |
176 | (b) School personnel may place a student with disabilities |
177 | in time-out if: |
178 | 1. The time-out is part of a behavior-intervention plan |
179 | developed for that student from a functional behavioral |
180 | assessment and referenced in the student's individual education |
181 | plan; |
182 | 2. There is documentation that the time-out was preceded |
183 | by other interventions that used positive behavioral supports |
184 | that were not effective; |
185 | 3. The time-out takes place in a classroom or in another |
186 | environment where class educational activities are taking place; |
187 | 4. The student is not physically prevented from leaving |
188 | the time-out area; |
189 | 5. The student is observed on a constant basis by an adult |
190 | for the duration of the time-out; and |
191 | 6. The time-out area and process is free of any action |
192 | that is likely to embarrass or humiliate the student. |
193 | (c) Time-out may not be used for a period that exceeds 1 |
194 | minute for each year of the student's age and time-out must end |
195 | immediately when the student is calm enough to return to his or |
196 | her seat. |
197 | (d) Time-out may not be used as a punishment or negative |
198 | consequence of a student's behavior. |
199 | (5) TRAINING.-- |
200 | (a) Each school district shall report its training |
201 | procedures to the department by publishing the procedures in the |
202 | district's special policies and procedures manual. |
203 | (b) Training in the use of manual physical restraint must |
204 | include: |
205 | 1. Procedures for deescalating problematic behaviors |
206 | before they increase to a level or intensity necessitating |
207 | physical intervention; |
208 | 2. Information regarding the risks associated with manual |
209 | physical restraint and procedures for assessing individual |
210 | situations and students in order to determine if the use of |
211 | physical restraint is appropriate and sufficiently safe; |
212 | 3. The actual use of specific techniques that range from |
213 | the least to most restrictive, with ample opportunity for |
214 | trainees to demonstrate proficiency in their use; |
215 | 4. Techniques for implementing manual physical restraint |
216 | with multiple staff members working as a team; |
217 | 5. Techniques for assisting the student to reenter the |
218 | instructional environment and again engage in learning; |
219 | 6. Instruction in the district's documentation and |
220 | reporting requirements; |
221 | 7. Procedures to identify and deal with possible medical |
222 | emergencies arising during the use of manual physical restraint; |
223 | and |
224 | 8. Cardiopulmonary resuscitation (CPR). |
225 | (c) Districts shall provide refresher training on physical |
226 | restraint techniques at least annually to all staff members who |
227 | have successfully completed the initial training program. The |
228 | district must identify those persons to be trained and maintain |
229 | a record that includes the name and position of the person |
230 | trained, the date of the most recent training, an indication of |
231 | whether it was initial training or refresher training, and |
232 | whether the individual successfully completed the training and |
233 | achieved proficiency. |
234 | (d) School districts policies regarding the use of manual |
235 | restraint shall address whether it is appropriate for an |
236 | employee working in specific settings, such as for a school bus |
237 | driver, bus aide, job coach, employment specialist, or cafeteria |
238 | worker, to be trained in manual physical restraint techniques. |
239 | School district policies shall guide staff members who have not |
240 | received training in how to address an emergency situation that |
241 | poses an imminent and significant threat to the physical safety |
242 | of a student or others in a manner consistent with ss. 1003.32 |
243 | and 1006.11, and rule 6A-1.0404(8)(m), Florida Administrative |
244 | Code, regarding the use of reasonable force in order to maintain |
245 | a safe learning environment. In the case of school resource |
246 | officers or others who may be employed by other agencies when |
247 | working in a school, administrators shall review each agency's |
248 | specific policies to be aware of techniques that might be used. |
249 | (6) STUDENT-CENTERED FOLLOWUP.--If a student is manually |
250 | physically restrained more than twice in a school year, the |
251 | student's functional behavior analysis and behavior intervention |
252 | plan must be reviewed. |
253 | (7) DOCUMENTATION AND REPORTING.-- |
254 | (a) The school district's policy regarding the use of |
255 | manual physical restraint must be discussed with parents |
256 | annually. At the beginning of each school year, the district |
257 | shall provide parents with a copy of the district's policies on |
258 | all emergency procedures, including the use of manual physical |
259 | restraint. |
260 | (b) A school shall prepare an incident report within 24 |
261 | hours after a student is released from a restraint. If the |
262 | student's release occurs on a day before the school closes for |
263 | the weekend, a holiday, or for another reason, the incident |
264 | report must be completed by the end of the school day on the day |
265 | the school reopens. |
266 | (c) The following must be included in the incident report: |
267 | 1. The name of the student restrained; |
268 | 2. The date and time of the event and the duration of the |
269 | restraint; |
270 | 3. The location at which the restraint occurred; |
271 | 4. The type of restraint used; |
272 | 5. The name of the person using or assisting the physical |
273 | restraint of the student; |
274 | 6. The name of any nonstudent who was present to witness |
275 | the restraint; |
276 | 7. A description of the incident, including: |
277 | a. The context in which the restraint occurred; |
278 | b. The student's behavior leading up to and precipitating |
279 | the decision to use manual physical restraint, including an |
280 | indication as to why there was an imminent threat to the |
281 | physical safety of the student or others; |
282 | c. The specific positive behavior strategy used to prevent |
283 | and deescalate the behavior; |
284 | d. What occurred with the student immediately after the |
285 | termination of the restraint; |
286 | e. Any injuries, visible marks, or possible medical |
287 | emergencies that may have occurred during the restraint and |
288 | documented according to district guidelines; |
289 | f. The results of the medical assessment and a copy of any |
290 | report by the medical professionals conducting the assessment if |
291 | available. If the medical report is not available within 24 |
292 | hours, the district shall submit the medical report separately |
293 | as soon as it is available; and |
294 | g. Evidence of steps taken to notify parents or guardians. |
295 | (d) A school shall notify parents or legal guardians of |
296 | the student each time manual physical restraint is used. Such |
297 | notification must be provided before the end of the school day |
298 | on which the restraint occurred. Notifications shall be in |
299 | writing. Reasonable efforts must also be taken to notify parents |
300 | or legal guardians by telephone or computer e-mail, or both, and |
301 | these efforts must be documented. The school shall obtain, and |
302 | keep in its records, the parent's or guardian's signed |
303 | acknowledgement that he or she was notified of their child's |
304 | restraint. |
305 | (e) A school shall also provide the parents or legal |
306 | guardians with the completed incident report in writing by mail |
307 | within 3 school days after the student was manually physically |
308 | restrained. The school shall obtain, and keep in its records, |
309 | the parent's or guardian's signed acknowledgement that he or she |
310 | received a copy of the incident report. |
311 | (8) MONITORING.-- |
312 | (a) Monitoring of the use of manual physical restrain with |
313 | students shall occur at the classroom, building, district, and |
314 | state level. |
315 | (b) Documentation prepared as required in subsection (7) |
316 | shall be provided to the school principal, district Exceptional |
317 | Student Education (ESE) director, and bureau chief of the Bureau |
318 | of Exceptional Education and Student Services each week that the |
319 | school is in session. |
320 | (c) A school shall send each week to the Advocacy Center |
321 | for Persons with Disabilities, Inc., a redacted copy of any |
322 | incident report and other documentation prepared as required in |
323 | subsection (7) each week that the school is in session. |
324 | (d) The department shall maintain aggregate data of |
325 | incidents of restraint and disaggregate the data for analysis by |
326 | county, school, student exceptionality, and other variables. |
327 | This information shall be updated monthly and made available to |
328 | the public through the department's website no later than |
329 | October 1, 2009. |
330 | (9) DISTRICT POLICIES AND PROCEDURES.--School districts |
331 | shall develop policies and procedures consistent with this |
332 | section further governing the following: |
333 | (a) Allowable use of restraints on students. |
334 | (b) Personnel authorized to use manual physical restraint. |
335 | (c) Training procedures. |
336 | (d) Incident-reporting procedures. |
337 | (e) Data collection. |
338 | (f) Monitoring and reporting of data collected. |
339 | (g) Analysis of data to determine trends. |
340 | (h) Ongoing reduction of the use of manual physical |
341 | restraint. |
342 | |
343 | These policy and procedure revisions, which must be prepared as |
344 | part of the special policies and procedures, must be filed with |
345 | the bureau chief of the Bureau of Exceptional Education and |
346 | Student Services no later than October 1, 2009. |
347 | Section 2. This act shall take effect July 1, 2009. |