Florida Senate - 2009 SB 2480 By Senator Gardiner 9-01379-09 20092480__ 1 A bill to be entitled 2 An act relating to the use of restraint and seclusion 3 on students with disabilities in public schools; 4 creating s. 1003.573, F.S.; providing definitions; 5 providing legislative intent and findings; prohibiting 6 school personnel from manually physically restraining 7 a student with disabilities; providing an exception in 8 emergency cases when there is an imminent and 9 significant threat to the physical safety of the 10 student or others; prohibiting school personnel from 11 using force during manual physical restraint; 12 providing exceptions; prohibiting the use of manual 13 physical restraint by school personnel who are not 14 trained in district-approved methods for applying 15 physical restraint; prohibiting mechanical restraint, 16 prone restraint, and other specified methods of 17 restraint; requiring the school to medically evaluate 18 a student as soon as possible after the student is 19 manually physically restrained; prohibiting school 20 personnel from placing a student with disabilities in 21 forced seclusion; prohibiting time-out; providing 22 exceptions; requiring that school personnel be trained 23 in seclusion and restraint; providing for reporting 24 such procedures to the Department of Education by 25 publication in the school district's policies and 26 procedures manual; requiring a school to prepare an 27 incident report after each occasion when a student is 28 physically restrained; requiring that the report 29 contain certain information; requiring the school to 30 contact the parent or guardian of a student with 31 disabilities who is placed in restraint by school 32 personnel; requiring the school to send the incident 33 report to the student's parent or guardian and the 34 department; providing an effective date. 35 36 Be It Enacted by the Legislature of the State of Florida: 37 38 Section 1. Section 1003.573, Florida Statutes, is created 39 to read: 40 1003.573 Use of restraint and seclusion on students with 41 disabilities in public schools.— 42 (1) DEFINITIONS.—As used in this section, the term: 43 (a) “Department” means the Department of Education. 44 (b) “Forced seclusion” means removing the student from an 45 educational environment, involuntarily confining the student in 46 a room or area, and preventing the student from leaving the room 47 or area if achieved by locking the door or otherwise physically 48 blocking the student’s way, threatening physical force or other 49 consequences, or using physical force. The term does not include 50 placing a student in time-out. 51 (c) “Imminent and significant threat to the physical safety 52 of the student or others” means serious aggression such as 53 repeated kicking, head butting, or use of a body part or object 54 that is likely to cause significant injury to another person or 55 self-injury such as repeated head banging, face slapping, or 56 eye-poking. 57 (d) “Manual physical restraint” means use of physical 58 restraint techniques that involve physical force applied by a 59 teacher or other staff member to restrict the movement of all or 60 part of a student’s body. 61 (e) “Mechanical restraint” means a physical device used to 62 restrict a student’s movement or restrict the normal function of 63 the student’s body. Objects that fall within the term 64 “mechanical restraint” include straps, belts, tie-downs, and 65 calming blankets. The term does not include: 66 1. Medical protective equipment; 67 2. Physical equipment or orthopedic appliances, surgical 68 dressings or bandages, or supportive body bands or other 69 restraints necessary for medical treatment that is ongoing in 70 the educational setting; 71 3. Devices used to support functional body position or 72 proper balance, or to prevent a person from falling out of bed 73 or a wheelchair; or 74 4. Equipment used for safety during transportation, such as 75 seatbelts or wheelchair tie-downs. 76 (f) “Medical protective equipment” means health-related 77 protective devices prescribed by a physician or dentist for use 78 as student protection in response to an existing medical 79 condition. 80 (g) “Time-out” means to place a student who has displayed a 81 well-defined and articulated behavior in a less reinforcing 82 environment for a period of time. 83 (2) LEGISLATIVE FINDINGS AND INTENT.— 84 (a) The Legislature intends that students with disabilities 85 be free from the unnecessary use of seclusion or restraint in 86 the public schools in this state. The Legislature finds that 87 students, educators, and families are concerned about the use of 88 manual physical restraint, particularly when restraint is used 89 on students in special education programs. The concerns include 90 the use of manual physical restraint when less intrusive 91 measures of intervention are preferable, the lack of adequate 92 training for staff, inadequate documentation of restraint 93 procedures that are used, the failure of school officials to 94 notify parents when restraint is applied, and the failure to use 95 data to further analyze and address the cause of the 96 precipitating behavior. 97 (b) The Legislature finds that public schools have a 98 responsibility to ensure that all students are treated with 99 respect and dignity in an environment that provides for the 100 physical safety and security of students and staff. 101 (c) The Legislature further finds that use of manual 102 physical restraint may have a long-lasting emotional effect on 103 the student being restrained and that manual physical restraint 104 can cause serious injury or death to the student. Manual 105 physical restraint must be employed only to protect the student 106 or others from imminent and significant threat to the physical 107 safety of the student or others. Manual physical restraint may 108 not be employed as punishment, for the convenience of staff, or 109 as a substitute for a behavior-support plan. When it is used, 110 persons applying manual physical restraint shall impose the 111 least possible restrictions consistent with its purpose and 112 shall discontinue the restraint when the threat of imminent 113 danger ends. 114 (d) The Legislature, through the Department of Education, 115 intends to achieve an ongoing reduction in the use of manual 116 physical restraint in the public schools and to prohibit the use 117 of forced seclusion or mechanical restraint on students with 118 disabilities. 119 (3) MANUAL PHYSICAL RESTRAINT.—Manual physical restraint 120 shall be used only in an emergency when there is an imminent and 121 significant threat to the physical safety of the student or 122 others. 123 (a) Manual physical restraint shall be used only for the 124 period needed in order to eliminate the imminent threat of harm 125 to the student or others. 126 (b) The degree of force applied during manual physical 127 restraint must be only that degree of force necessary to protect 128 the student or another from bodily injury. 129 (c) Manual physical restraint shall be used only by school 130 personnel who are qualified and trained to use the district 131 approved methods for the appropriate application of specific 132 restraint techniques. School personnel who have received 133 training not associated with their employment with the school 134 district, such as a former law enforcement officer who is now a 135 teacher, shall be trained in the specific district-approved 136 techniques and may not apply techniques or procedures acquired 137 elsewhere. 138 (d) School personnel may not manually physically restrain a 139 student with disabilities except: 140 1. When there exists an imminent and significant threat to 141 the physical safety of the student or others; 142 2. As an appropriate behavioral intervention; or 143 3. When used to prevent property damage when damage to 144 property threatens the safety of the student. 145 (e) School personnel may not under any circumstances use 146 the following manual physical restraint techniques on a student 147 with disabilities: 148 1. Prone restraint; 149 2. Pain inducement to obtain compliance; 150 3. Bone locks; 151 4. Hyperextension of joints; 152 5. Peer restraint; 153 6. Mechanical restraint; 154 7. Pressure or weight on the chest, lungs, sternum, 155 diaphragm, back, or abdomen, causing chest compression; 156 8. Straddling or sitting on any part of the body, or any 157 maneuver that places pressure, weight, or leverage on the neck 158 or throat, on any artery, or on the back of the student’s head 159 or neck, or that otherwise obstructs or restricts the 160 circulation of blood or obstructs an airway; 161 9. Any type of choking, hand chokes, and any type of neck 162 or head hold; 163 10. Any technique that involves pushing on or into the 164 student’s mouth, nose, eyes, or any part of the face, or 165 covering the face or body with anything, including soft objects 166 such as pillows or washcloths; 167 11. Any maneuver that involves punching, hitting, poking, 168 pinching, or shoving; 169 12. Any type of mat or blanket restraint; and 170 13. Water or lemon sprays. 171 (f) The school shall have the student medically evaluated 172 by a physician, nurse, or other qualified medical professional 173 as soon as possible after the student with disabilities has been 174 manually physically restrained by school personnel. 175 (4) FORCED SECLUSION.— 176 (a) School personnel may not place a student with 177 disabilities in forced seclusion. 178 (b) School personnel may place a student with disabilities 179 in time-out if: 180 1. The time-out is part of a behavior-intervention plan 181 developed for that student from a functional behavioral 182 assessment and referenced in the student's individual education 183 plan; 184 2. There is documentation that the time-out was preceded by 185 other interventions that used positive behavioral supports that 186 were not effective; 187 3. The time-out takes place in a classroom or in another 188 environment where class educational activities are taking place; 189 4. The student is not physically prevented from leaving the 190 time-out area; 191 5. The student is observed on a constant basis by an adult 192 for the duration of the time-out; and 193 6. The time-out area and process is free of any action that 194 is likely to embarrass or humiliate the student. 195 (c) Time-out may not be used for a period that exceeds 1 196 minute for each year of the student's age and time-out must end 197 immediately when the student is calm enough to return to his or 198 her seat. 199 (d) Time-out may not be used as a punishment or negative 200 consequence of a student’s behavior. 201 (5) TRAINING.— 202 (a) Each school district shall report its training 203 procedures to the department by publishing the procedures in the 204 district's special policies and procedures manual. 205 (b) Training in the use of manual physical restraint must 206 include: 207 1. Procedures for deescalating problematic behaviors before 208 they increase to a level or intensity necessitating physical 209 intervention; 210 2. Information regarding the risks associated with manual 211 physical restraint and procedures for assessing individual 212 situations and students in order to determine if the use of 213 physical restraint is appropriate and sufficiently safe; 214 3. The actual use of specific techniques that range from 215 the least to most restrictive, with ample opportunity for 216 trainees to demonstrate proficiency in their use; 217 4. Techniques for implementing manual physical restraint 218 with multiple staff members working as a team; 219 5. Techniques for assisting the student to reenter the 220 instructional environment and again engage in learning; 221 6. Instruction in the district’s documentation and 222 reporting requirements; 223 7. Procedures to identify and deal with possible medical 224 emergencies arising during the use of manual physical restraint; 225 and 226 8. Cardiopulmonary resuscitation (CPR). 227 (c) Districts shall provide refresher training on physical 228 restraint techniques at least annually to all staff members who 229 have successfully completed the initial training program. The 230 district must identify those persons to be trained and maintain 231 a record that includes the name and position of the person 232 trained, the date of the most recent training, an indication of 233 whether it was initial training or refresher training, and 234 whether the individual successfully completed the training and 235 achieved proficiency. 236 (d) School districts policies regarding the use of manual 237 restraint shall address whether it is appropriate for an 238 employee working in specific settings, such as for a school bus 239 driver, bus aide, job coach, employment specialist, or cafeteria 240 worker, to be trained in manual physical restraint techniques. 241 School district policies shall guide staff members who have not 242 received training in how to address an emergency situation that 243 poses an imminent and significant threat to the physical safety 244 of a student or others in a manner consistent with ss. 1003.32 245 and 1006.11, and rule 6A-1.0404(8)(m), Florida Administrative 246 Code, regarding the use of reasonable force in order to maintain 247 a safe learning environment. In the case of school resource 248 officers or others who may be employed by other agencies when 249 working in a school, administrators shall review each agency’s 250 specific policies to be aware of techniques that might be used. 251 (6) STUDENT-CENTERED FOLLOWUP.—If a student is manually 252 physically restrained more than twice in a school year, the 253 student’s functional behavior analysis and behavior intervention 254 plan must be reviewed. 255 (7) DOCUMENTATION AND REPORTING.— 256 (a) The school district’s policy regarding the use of 257 manual physical restraint must be discussed with parents 258 annually. At the beginning of each school year, the district 259 shall provide parents with a copy of the district’s policies on 260 all emergency procedures, including the use of manual physical 261 restraint. 262 (b) A school shall prepare an incident report within 24 263 hours after a student is released from a restraint. If the 264 student's release occurs on a day before the school closes for 265 the weekend, a holiday, or for another reason, the incident 266 report must be completed by the end of the school day on the day 267 the school reopens. 268 (c) The following must be included in the incident report: 269 1. The name of the student restrained; 270 2. The date and time of the event and the duration of the 271 restraint; 272 3. The location at which the restraint occurred; 273 4. The type of restraint used; 274 5. The name of the person using or assisting the physical 275 restraint of the student; 276 6. The name of any nonstudent who was present to witness 277 the restraint; 278 7. A description of the incident, including: 279 a. The context in which the restraint occurred; 280 b. The student's behavior leading up to and precipitating 281 the decision to use manual physical restraint, including an 282 indication as to why there was an imminent threat to the 283 physical safety of the student or others; 284 c. The specific positive behavior strategy used to prevent 285 and deescalate the behavior; 286 d. What occurred with the student immediately after the 287 termination of the restraint; 288 e. Any injuries, visible marks, or possible medical 289 emergencies that may have occurred during the restraint and 290 documented according to district guidelines; 291 f. The results of the medical assessment and a copy of any 292 report by the medical professionals conducting the assessment if 293 available. If the medical report is not available within 24 294 hours, the district shall submit the medical report separately 295 as soon as it is available; and 296 g. Evidence of steps taken to notify parents or guardians. 297 (d) A school shall notify parents or legal guardians of the 298 student each time manual physical restraint is used. Such 299 notification must be provided before the end of the school day 300 on which the restraint occurred. Notifications shall be in 301 writing. Reasonable efforts must also be taken to notify parents 302 or legal guardians by telephone or computer e-mail, or both, and 303 these efforts must be documented. The school shall obtain, and 304 keep in its records, the parent's or guardian's signed 305 acknowledgement that he or she was notified of their child's 306 restraint. 307 (e) A school shall also provide the parents or legal 308 guardians with the completed incident report in writing by mail 309 within 3 school days after the student was manually physically 310 restrained. The school shall obtain, and keep in its records, 311 the parent's or guardian's signed acknowledgement that he or she 312 received a copy of the incident report. 313 (8) MONITORING.— 314 (a) Monitoring of the use of manual physical restrain with 315 students shall occur at the classroom, building, district, and 316 state level. 317 (b) Documentation prepared as required in subsection (7) 318 shall be provided to the school principal, district Exceptional 319 Student Education (ESE) director, and bureau chief of the Bureau 320 of Exceptional Education and Student Services each week that the 321 school is in session. 322 (c) A school shall send each week to the Advocacy Center 323 for Persons with Disabilities, Inc., a redacted copy of any 324 incident report and other documentation prepared as required in 325 subsection (7) each week that the school is in session. 326 (d) The department shall maintain aggregate data of 327 incidents of restraint and disaggregate the data for analysis by 328 county, school, student exceptionality, and other variables. 329 This information shall be updated monthly and made available to 330 the public through the department’s website no later than 331 October 1, 2009. 332 (9) DISTRICT POLICIES AND PROCEDURES.—School districts 333 shall develop policies and procedures consistent with this 334 section further governing the following: 335 (a) Allowable use of restraints on students. 336 (b) Personnel authorized to use manual physical restraint. 337 (c) Training procedures. 338 (d) Incident-reporting procedures. 339 (e) Data collection. 340 (f) Monitoring and reporting of data collected. 341 (g) Analysis of data to determine trends. 342 (h) Ongoing reduction of the use of manual physical 343 restraint. 344 345 These policy and procedure revisions, which must be prepared as 346 part of the special policies and procedures, must be filed with 347 the bureau chief of the Bureau of Exceptional Education and 348 Student Services no later than October 1, 2009. 349 Section 2. This act shall take effect July 1, 2009.