HB 1449

1
A bill to be entitled
2An act relating to the use of restraint and seclusion on
3students with disabilities in public schools; creating s.
41003.573, F.S.; providing definitions; providing
5legislative intent and findings; prohibiting school
6personnel from manually physically restraining a student
7with disabilities; providing an exception in emergency
8cases when there is an imminent and significant threat to
9the physical safety of the student or others; prohibiting
10school personnel from using force during manual physical
11restraint; providing exceptions; prohibiting the use of
12manual physical restraint by school personnel who are not
13trained in district-approved methods for applying physical
14restraint; prohibiting mechanical restraint, prone
15restraint, and other specified methods of restraint;
16requiring the school to medically evaluate a student as
17soon as possible after the student is manually physically
18restrained; prohibiting school personnel from placing a
19student with disabilities in forced seclusion; prohibiting
20time-out; providing exceptions; requiring that school
21personnel be trained in seclusion and restraint; providing
22for reporting such procedures to the Department of
23Education by publication in the school district's policies
24and procedures manual; requiring a school to prepare an
25incident report after each occasion when a student is
26physically restrained; requiring that the report contain
27certain information; requiring the school to contact the
28parent or guardian of a student with disabilities who is
29placed in restraint by school personnel; requiring the
30school to send the incident report to the student's parent
31or guardian and the department; providing an effective
32date.
33
34Be It Enacted by the Legislature of the State of Florida:
35
36     Section 1.  Section 1003.573, Florida Statutes, is created
37to read:
38     1003.573  Use of restraint and seclusion on students with
39disabilities 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
43educational environment, involuntarily confining the student in
44a room or area, and preventing the student from leaving the room
45or area if achieved by locking the door or otherwise physically
46blocking the student's way, threatening physical force or other
47consequences, or using physical force. The term does not include
48placing a student in time-out.
49     (c)  "Imminent and significant threat to the physical
50safety of the student or others" means serious aggression such
51as repeated kicking, head butting, or use of a body part or
52object that is likely to cause significant injury to another
53person or self-injury such as repeated head banging, face
54slapping, or eye-poking.
55     (d)  "Manual physical restraint" means use of physical
56restraint techniques that involve physical force applied by a
57teacher or other staff member to restrict the movement of all or
58part of a student's body.
59     (e)  "Mechanical restraint" means a physical device used to
60restrict a student's movement or restrict the normal function of
61the student's body. Objects that fall within the term
62"mechanical restraint" include straps, belts, tie-downs, and
63calming blankets. The term does not include:
64     1.  Medical protective equipment;
65     2.  Physical equipment or orthopedic appliances, surgical
66dressings or bandages, or supportive body bands or other
67restraints necessary for medical treatment that is ongoing in
68the educational setting;
69     3.  Devices used to support functional body position or
70proper balance, or to prevent a person from falling out of bed
71or a wheelchair; or
72     4.  Equipment used for safety during transportation, such
73as seatbelts or wheelchair tie-downs.
74     (f)  "Medical protective equipment" means health-related
75protective devices prescribed by a physician or dentist for use
76as student protection in response to an existing medical
77condition.
78     (g)  "Time-out" means to place a student who has displayed
79a well-defined and articulated behavior in a less reinforcing
80environment for a period of time.
81     (2)  LEGISLATIVE FINDINGS AND INTENT.--
82     (a)  The Legislature intends that students with
83disabilities be free from the unnecessary use of seclusion or
84restraint in the public schools in this state. The Legislature
85finds that students, educators, and families are concerned about
86the use of manual physical restraint, particularly when
87restraint is used on students in special education programs. The
88concerns include the use of manual physical restraint when less
89intrusive measures of intervention are preferable, the lack of
90adequate training for staff, inadequate documentation of
91restraint procedures that are used, the failure of school
92officials to notify parents when restraint is applied, and the
93failure to use data to further analyze and address the cause of
94the precipitating behavior.
95     (b)  The Legislature finds that public schools have a
96responsibility to ensure that all students are treated with
97respect and dignity in an environment that provides for the
98physical safety and security of students and staff.
99     (c)  The Legislature further finds that use of manual
100physical restraint may have a long-lasting emotional effect on
101the student being restrained and that manual physical restraint
102can cause serious injury or death to the student. Manual
103physical restraint must be employed only to protect the student
104or others from imminent and significant threat to the physical
105safety of the student or others. Manual physical restraint may
106not be employed as punishment, for the convenience of staff, or
107as a substitute for a behavior-support plan. When it is used,
108persons applying manual physical restraint shall impose the
109least possible restrictions consistent with its purpose and
110shall discontinue the restraint when the threat of imminent
111danger ends.
112     (d)  The Legislature, through the Department of Education,
113intends to achieve an ongoing reduction in the use of manual
114physical restraint in the public schools and to prohibit the use
115of forced seclusion or mechanical restraint on students with
116disabilities.
117     (3)  MANUAL PHYSICAL RESTRAINT.--Manual physical restraint
118shall be used only in an emergency when there is an imminent and
119significant threat to the physical safety of the student or
120others.
121     (a)  Manual physical restraint shall be used only for the
122period needed in order to eliminate the imminent threat of harm
123to the student or others.
124     (b)  The degree of force applied during manual physical
125restraint must be only that degree of force necessary to protect
126the student or another from bodily injury.
127     (c)  Manual physical restraint shall be used only by school
128personnel who are qualified and trained to use the district-
129approved methods for the appropriate application of specific
130restraint techniques. School personnel who have received
131training not associated with their employment with the school
132district, such as a former law enforcement officer who is now a
133teacher, shall be trained in the specific district-approved
134techniques and may not apply techniques or procedures acquired
135elsewhere.
136     (d)  School personnel may not manually physically restrain
137a student with disabilities except:
138     1.  When there exists an imminent and significant threat to
139the 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
142property threatens the safety of the student.
143     (e)  School personnel may not under any circumstances use
144the following manual physical restraint techniques on a student
145with 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,
153diaphragm, back, or abdomen, causing chest compression;
154     8.  Straddling or sitting on any part of the body, or any
155maneuver that places pressure, weight, or leverage on the neck
156or throat, on any artery, or on the back of the student's head
157or neck, or that otherwise obstructs or restricts the
158circulation of blood or obstructs an airway;
159     9.  Any type of choking, hand chokes, and any type of neck
160or head hold;
161     10.  Any technique that involves pushing on or into the
162student's mouth, nose, eyes, or any part of the face, or
163covering the face or body with anything, including soft objects
164such as pillows or washcloths;
165     11.  Any maneuver that involves punching, hitting, poking,
166pinching, 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
170by a physician, nurse, or other qualified medical professional
171as soon as possible after the student with disabilities has been
172manually physically restrained by school personnel.
173     (4)  FORCED SECLUSION.--
174     (a)  School personnel may not place a student with
175disabilities in forced seclusion.
176     (b)  School personnel may place a student with disabilities
177in time-out if:
178     1.  The time-out is part of a behavior-intervention plan
179developed for that student from a functional behavioral
180assessment and referenced in the student's individual education
181plan;
182     2.  There is documentation that the time-out was preceded
183by other interventions that used positive behavioral supports
184that were not effective;
185     3.  The time-out takes place in a classroom or in another
186environment where class educational activities are taking place;
187     4.  The student is not physically prevented from leaving
188the time-out area;
189     5.  The student is observed on a constant basis by an adult
190for the duration of the time-out; and
191     6.  The time-out area and process is free of any action
192that is likely to embarrass or humiliate the student.
193     (c)  Time-out may not be used for a period that exceeds 1
194minute for each year of the student's age and time-out must end
195immediately when the student is calm enough to return to his or
196her seat.
197     (d)  Time-out may not be used as a punishment or negative
198consequence of a student's behavior.
199     (5)  TRAINING.--
200     (a)  Each school district shall report its training
201procedures to the department by publishing the procedures in the
202district's special policies and procedures manual.
203     (b)  Training in the use of manual physical restraint must
204include:
205     1.  Procedures for deescalating problematic behaviors
206before they increase to a level or intensity necessitating
207physical intervention;
208     2.  Information regarding the risks associated with manual
209physical restraint and procedures for assessing individual
210situations and students in order to determine if the use of
211physical restraint is appropriate and sufficiently safe;
212     3.  The actual use of specific techniques that range from
213the least to most restrictive, with ample opportunity for
214trainees to demonstrate proficiency in their use;
215     4.  Techniques for implementing manual physical restraint
216with multiple staff members working as a team;
217     5.  Techniques for assisting the student to reenter the
218instructional environment and again engage in learning;
219     6.  Instruction in the district's documentation and
220reporting requirements;
221     7.  Procedures to identify and deal with possible medical
222emergencies arising during the use of manual physical restraint;
223and
224     8.  Cardiopulmonary resuscitation (CPR).
225     (c)  Districts shall provide refresher training on physical
226restraint techniques at least annually to all staff members who
227have successfully completed the initial training program. The
228district must identify those persons to be trained and maintain
229a record that includes the name and position of the person
230trained, the date of the most recent training, an indication of
231whether it was initial training or refresher training, and
232whether the individual successfully completed the training and
233achieved proficiency.
234     (d)  School districts policies regarding the use of manual
235restraint shall address whether it is appropriate for an
236employee working in specific settings, such as for a school bus
237driver, bus aide, job coach, employment specialist, or cafeteria
238worker, to be trained in manual physical restraint techniques.
239School district policies shall guide staff members who have not
240received training in how to address an emergency situation that
241poses an imminent and significant threat to the physical safety
242of a student or others in a manner consistent with ss. 1003.32
243and 1006.11, and rule 6A-1.0404(8)(m), Florida Administrative
244Code, regarding the use of reasonable force in order to maintain
245a safe learning environment. In the case of school resource
246officers or others who may be employed by other agencies when
247working in a school, administrators shall review each agency's
248specific policies to be aware of techniques that might be used.
249     (6)  STUDENT-CENTERED FOLLOWUP.--If a student is manually
250physically restrained more than twice in a school year, the
251student's functional behavior analysis and behavior intervention
252plan must be reviewed.
253     (7)  DOCUMENTATION AND REPORTING.--
254     (a)  The school district's policy regarding the use of
255manual physical restraint must be discussed with parents
256annually. At the beginning of each school year, the district
257shall provide parents with a copy of the district's policies on
258all emergency procedures, including the use of manual physical
259restraint.
260     (b)  A school shall prepare an incident report within 24
261hours after a student is released from a restraint. If the
262student's release occurs on a day before the school closes for
263the weekend, a holiday, or for another reason, the incident
264report must be completed by the end of the school day on the day
265the 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
269restraint;
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
273restraint of the student;
274     6.  The name of any nonstudent who was present to witness
275the 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
279the decision to use manual physical restraint, including an
280indication as to why there was an imminent threat to the
281physical safety of the student or others;
282     c.  The specific positive behavior strategy used to prevent
283and deescalate the behavior;
284     d.  What occurred with the student immediately after the
285termination of the restraint;
286     e.  Any injuries, visible marks, or possible medical
287emergencies that may have occurred during the restraint and
288documented according to district guidelines;
289     f.  The results of the medical assessment and a copy of any
290report by the medical professionals conducting the assessment if
291available. If the medical report is not available within 24
292hours, the district shall submit the medical report separately
293as 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
296the student each time manual physical restraint is used. Such
297notification must be provided before the end of the school day
298on which the restraint occurred. Notifications shall be in
299writing. Reasonable efforts must also be taken to notify parents
300or legal guardians by telephone or computer e-mail, or both, and
301these efforts must be documented. The school shall obtain, and
302keep in its records, the parent's or guardian's signed
303acknowledgement that he or she was notified of their child's
304restraint.
305     (e)  A school shall also provide the parents or legal
306guardians with the completed incident report in writing by mail
307within 3 school days after the student was manually physically
308restrained. The school shall obtain, and keep in its records,
309the parent's or guardian's signed acknowledgement that he or she
310received a copy of the incident report.
311     (8)  MONITORING.--
312     (a)  Monitoring of the use of manual physical restrain with
313students shall occur at the classroom, building, district, and
314state level.
315     (b)  Documentation prepared as required in subsection (7)
316shall be provided to the school principal, district Exceptional
317Student Education (ESE) director, and bureau chief of the Bureau
318of Exceptional Education and Student Services each week that the
319school is in session.
320     (c)  A school shall send each week to the Advocacy Center
321for Persons with Disabilities, Inc., a redacted copy of any
322incident report and other documentation prepared as required in
323subsection (7) each week that the school is in session.
324     (d)  The department shall maintain aggregate data of
325incidents of restraint and disaggregate the data for analysis by
326county, school, student exceptionality, and other variables.
327This information shall be updated monthly and made available to
328the public through the department's website no later than
329October 1, 2009.
330     (9)  DISTRICT POLICIES AND PROCEDURES.--School districts
331shall develop policies and procedures consistent with this
332section 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
341restraint.
342
343These policy and procedure revisions, which must be prepared as
344part of the special policies and procedures, must be filed with
345the bureau chief of the Bureau of Exceptional Education and
346Student Services no later than October 1, 2009.
347     Section 2.  This act shall take effect July 1, 2009.


CODING: Words stricken are deletions; words underlined are additions.