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         1003.573Use 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.