| 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 |
|
| 34 | Be It Enacted by the Legislature of the State of Florida: |
| 35 |
|
| 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. |