HB 81

1	A bill to be entitled
2	An act relating to the use, prevention, and reduction of
3	seclusion and restraint on students with disabilities in
4	public schools; creating s. 1003.573, F.S.; providing
5	definitions; providing legislative findings and intent;
6	providing that manual physical restraint shall be used
7	only in an emergency when there is an imminent risk of
8	serious injury or death to the student or others;
9	providing restrictions on the use of manual physical
10	restraint; prohibiting the use of manual physical
11	restraint by school personnel who are not certified to use
12	district-approved methods for applying restraint
13	techniques; prohibiting specified techniques; requiring
14	the school to medically evaluate a student as soon as
15	possible after the student is manually physically
16	restrained; prohibiting school personnel from placing a
17	student in seclusion; providing requirements for use of
18	time-out; requiring reporting of training and
19	certification procedures to the Department of Education;
20	requiring that school personnel be trained and certified
21	in the use of manual physical restraint; requiring student
22	followup in certain circumstances; requiring notification
23	to parents of school district policies regarding emergency
24	procedures; requiring the school to prepare an incident
25	report after each occasion of student restraint and
26	specifying contents of report; requiring certain reporting
27	and monitoring; requiring the development and revision of
28	school district policies and procedures; providing an
29	effective date.
30
31	Be It Enacted by the Legislature of the State of Florida:
32
33	Section 1.  Section 1003.573, Florida Statutes, is created
34	to read:
35	1003.573  Use, prevention, and reduction of seclusion and
36	restraint on students with disabilities in public schools.--
37	(1)  DEFINITIONS.--As used in this section, the term:
38	(a)  "Department" means the Department of Education.
39	(b)  "Imminent risk of serious injury or death" means the
40	impending risk of a significant injury, such as a laceration,
41	bone fracture, substantial hematoma, or other injury to internal
42	organs, or death.
43	(c)  "Manual physical restraint" means use of physical
44	restraint techniques that involve physical force applied by a
45	teacher or other staff member to restrict the movement of all or
46	part of a student's body.
47	(d)  "Mechanical restraint" means a physical device used to
48	restrict a student's movement or restrict the normal function of
49	a student's body. Objects that fall within the term "mechanical
50	restraint" include straps, belts, tie-downs, calming blankets,
51	and chairs with straps. The term does not include:
52	1.  Medical protective equipment;
53	2.  Physical equipment or orthopedic appliances, surgical
54	dressings or bandages, or supportive body bands or other
55	restraints necessary for medical treatment that is ongoing in
56	the educational setting;
57	3.  Devices used to support functional body position or
58	proper balance, or prevent a person from falling out of a bed or
59	a wheelchair, except that these exceptions to the definition of
60	mechanical restraint do not apply to any device when it is used
61	for any purpose other than supporting a body position or proper
62	balance, such as when used as coercion, discipline, convenience,
63	or retaliation, to prevent imminent risk of serious injury or
64	death of the student or others, or for any other behavior-
65	management reason; or
66	4.  Equipment used for safety during transportation, such
67	as seatbelts or wheelchair tie-downs.
68	(e)  "Medical protective equipment" means health-related
69	protective devices prescribed by a physician or dentist for use
70	as student protection in response to an existing medical
71	condition.
72	(f)  "Seclusion" means removing a student from an
73	educational environment, involuntarily confining the student in
74	a room or area, and preventing the student from leaving the room
75	or area if achieved by locking the door or otherwise physically
76	blocking the student's way, threatening physical force or other
77	consequences, or using physical force. The term does not include
78	the use of time-out.
79	(g)  "Student" means a student with a disability.
80	(h)  "Time-out" means a procedure in which access to varied
81	sources of reinforcement is removed or reduced for a particular
82	time period contingent on a response. The opportunity to receive
83	reinforcement is contingently removed for a specified time.
84	Either a student is contingently removed from the reinforcing
85	environment or the reinforcing environment is contingently
86	removed for some stipulated duration. A time-out setting may not
87	be locked and the exit may not be blocked. Physical force or
88	threats may not be used to place a student in time-out.
89	(2)  LEGISLATIVE FINDINGS AND INTENT.--
90	(a)  The Legislature finds that public schools have a
91	responsibility to ensure that each student is treated with
92	respect and dignity in a trauma-informed environment that
93	provides for the physical safety and security of students and
94	others.
95	(b)  The Legislature finds that students, educators, and
96	families are concerned about the use of seclusion and restraint,
97	particularly when used on students in special education
98	programs. Seclusion and restraint refer to safety procedures in
99	which a student is isolated from others or physically held in
100	response to serious problem behavior that places the student or
101	others at risk of injury or harm. Concern exists that these
102	procedures are prone to misapplication and abuse, placing a
103	student at an equal or greater risk than the risk of the
104	student's problem behavior. Concerns include the following:
105	seclusion or restraint is inappropriately selected and
106	implemented as treatment or behavioral intervention rather than
107	as a safety procedure; seclusion or restraint is inappropriately
108	used for behaviors, such as noncompliance, threats, or
109	disruption, that do not place the student or others at risk of
110	injury or harm; students, peers, or staff may be injured or
111	physically harmed during attempts to conduct seclusion or
112	restraint; risk of injury or harm is increased because seclusion
113	or restraint is implemented by staff who are not adequately
114	trained; use of seclusion or restraint may inadvertently result
115	in reinforcing or strengthening the problem behavior; and
116	seclusion or restraint is implemented independent of
117	comprehensive, function-based behavioral intervention plans.
118	Moreover, there are concerns about inadequate documentation of
119	seclusion or restraint procedures, failure to notify parents
120	when seclusion or restraint is applied, and failure to use data
121	to analyze and address the cause of the precipitating behavior.
122	(c)  The Legislature finds that the majority of problem
123	behaviors that are currently used to justify seclusion or
124	restraint could be prevented with early identification and
125	intensive early intervention. The need for seclusion or
126	restraint is, in part, a result of insufficient investment in
127	prevention efforts.
128	(d)  The Legislature further finds that the use of
129	seclusion or restraint may produce trauma in students. For such
130	students, who are already experiencing trauma, the use may cause
131	retraumatization. Left unaddressed, the lasting effects of
132	childhood trauma place a heavy burden on individuals, families,
133	and communities. Research has shown that trauma significantly
134	increases the risk of mental health problems, difficulties with
135	social relationships and behavior, physical illness, and poor
136	school performance.
137	(e)  The Legislature intends that students be free from the
138	abusive and unnecessary use of seclusion or restraint in the
139	public schools.
140	(f)  The Legislature intends to prevent and achieve an
141	ongoing reduction of the use of manual physical restraint in the
142	public schools and, specifically, to prohibit the use of
143	seclusion, prone and supine restraint, and mechanical restraint
144	on students.
145	(g)  The Legislature also intends that manual physical
146	restraint shall be used only when an imminent risk of serious
147	injury or death exists; that manual physical restraint shall not
148	be employed as punishment, for the convenience of staff, or as a
149	substitute for a positive behavior-support plan; and that, when
150	used, persons applying manual physical restraint shall impose
151	the least possible restrictions and shall discontinue the
152	restraint as soon as the threat of imminent risk of serious
153	injury or death ceases.
154	(3)  MANUAL PHYSICAL RESTRAINT.--Manual physical restraint
155	shall be used only in an emergency when there is an imminent
156	risk of serious injury or death to the student or others.
157	(a)  Manual physical restraint shall be used only for the
158	period needed in order to eliminate the imminent risk of serious
159	injury or death to the student or others.
160	(b)  The degree of force applied during manual physical
161	restraint must be only that degree of force necessary to protect
162	the student or others from bodily injury.
163	(c)  Manual physical restraint shall be used only by school
164	personnel who are qualified and certified to use the district-
165	approved methods for the appropriate application of specific
166	restraint techniques. School personnel who have received
167	training not associated with their employment with the school
168	district, such as a former law enforcement officer who is now a
169	teacher, shall be certified in the specific district-approved
170	techniques and may not apply techniques or procedures acquired
171	elsewhere.
172	(d)  School personnel may not manually physically restrain
173	a student except when there exists an imminent risk of serious
174	injury or death to the student or others.
175	(e)  School personnel may not under any circumstances use
176	any of the following manual physical restraint techniques on a
177	student:
178	1.  Prone and supine restraint.
179	2.  Pain inducement to obtain compliance.
180	3.  Bone locks.
181	4.  Hyperextension of joints.
182	5.  Peer restraint.
183	6.  Mechanical restraint.
184	7.  Pressure or weight on the chest, lungs, sternum,
185	diaphragm, back, or abdomen, causing chest compression.
186	8.  Straddling or sitting on any part of the body or any
187	maneuver that places pressure, weight, or leverage on the neck
188	or throat, on any artery, or on the back of the student's head
189	or neck or that otherwise obstructs or restricts the circulation
190	of blood or obstructs an airway.
191	9.  Any type of choking, including hand chokes, and any
192	type of neck or head hold.
193	10.  Any technique that involves pushing on or into the
194	student's mouth, nose, eyes, or any part of the face or involves
195	covering the face or body with anything, including soft objects
196	such as pillows or washcloths.
197	11.  Any maneuver that involves punching, hitting, poking,
198	pinching, or shoving.
199	12.  Any type of mat or blanket restraint.
200	13.  Water or lemon sprays.
201	(f)  The school shall have a student medically evaluated by
202	a physician, nurse, or other qualified medical professional as
203	soon as possible after the student has been manually physically
204	restrained by school personnel.
205	(4)  SECLUSION; TIME-OUT.--
206	(a)  School personnel may not place a student in seclusion.
207	(b)  School personnel may place a student in time-out if
208	the following conditions are met:
209	1.  The time-out is part of a positive behavioral
210	intervention plan developed for that student from a functional
211	behavioral assessment and referenced in the student's individual
212	education plan.
213	2.  There is documentation that the time-out was preceded
214	by other interventions that used positive behavioral supports
215	that were not effective.
216	3.  The time-out takes place in a classroom or in another
217	environment where class educational activities are taking place.
218	4.  The student is not physically prevented from leaving
219	the time-out area.
220	5.  The student is observed on a constant basis by an adult
221	for the duration of the time-out.
222	6.  The time-out area and process is free of any action
223	that is likely to embarrass or humiliate the student.
224	(c)  Time-out may not be used for a period that exceeds 1
225	minute for each year of a student's age, and time-out must end
226	immediately when the student is calm enough to return to his or
227	her seat.
228	(d)  Time-out may not be used as a punishment or negative
229	consequence of a student's behavior.
230	(5)  TRAINING AND CERTIFICATION.--
231	(a)  Each school district shall report its training and
232	certification procedures to the department by publishing the
233	procedures in the district's special policies and procedures
234	manual.
235	(b)  Training for initial certification in the use of
236	manual physical restraint must include:
237	1.  Procedures for deescalating problem behaviors before
238	they increase to a level or intensity necessitating physical
239	intervention.
240	2.  Information regarding the risks associated with manual
241	physical restraint and procedures for assessing individual
242	situations and students in order to determine if the use of
243	manual physical restraint is appropriate and sufficiently safe.
244	3.  The actual use of specific techniques that range from
245	the least to most restrictive, with ample opportunity for
246	trainees to demonstrate proficiency in their use.
247	4.  Techniques for implementing manual physical restraint
248	with multiple staff members working as a team.
249	5.  Techniques for assisting a student to reenter the
250	instructional environment and again engage in learning.
251	6.  Instruction in the district's documentation and
252	reporting requirements.
253	7.  Procedures to identify and deal with possible medical
254	emergencies arising during the use of manual physical restraint.
255	8.  Cardiopulmonary resuscitation (CPR).
256	(c)  School districts shall provide refresher certification
257	in manual physical restraint techniques at least annually to all
258	staff members who have successfully completed the initial
259	certification program. The district must identify those persons
260	to be certified and maintain a record that includes the name and
261	position of the person certified, the date of the most recent
262	certification, an indication of whether it was an initial
263	certification or a refresher certification, and whether the
264	individual successfully completed the certification and achieved
265	proficiency.
266	(d)  School district policies regarding the use of manual
267	physical restraint shall address whether it is appropriate for
268	an employee working in specific settings, such as a school bus
269	driver, school bus aide, job coach, employment specialist, or
270	cafeteria worker, to be certified in manual physical restraint
271	techniques. In the case of school resource officers or others
272	who may be employed by other agencies when working in a school,
273	administrators shall review each agency's specific policies to
274	be aware of techniques that might be used.
275	(6)  STUDENT-CENTERED FOLLOWUP.--If a student is manually
276	physically restrained more than twice in a school year, the
277	student's functional behavioral assessment and positive
278	behavioral intervention plan must be reviewed.
279	(7)  DOCUMENTATION AND REPORTING.--
280	(a)  The school district's policy regarding the use of
281	manual physical restraint must be thoroughly explained to
282	parents annually. At the beginning of each school year, the
283	district shall provide parents with a copy of the district's
284	policies on all emergency procedures, including the use of
285	manual physical restraint. A parent should indicate receipt of
286	the district policies by his or her signature, which should be
287	retained on file by the student's school.
288	(b)  A school shall prepare an incident report within 24
289	hours after a student is released from a restraint. If the
290	student's release occurs on a day before the school closes for
291	the weekend, a holiday, or another reason, the incident report
292	must be completed by the end of the school day on the day the
293	school reopens.
294	(c)  The following must be included in the incident report:
295	1.  The name of the student restrained.
296	2.  The date and time of the event and the duration of the
297	restraint.
298	3.  The location at which the restraint occurred.
299	4.  The type of restraint used.
300	5.  The name of the person using or assisting the restraint
301	of the student.
302	6.  The name of any nonstudent who was present to witness
303	the restraint.
304	7.  A description of the incident, including:
305	a.  The context in which the restraint occurred.
306	b.  The student's behavior leading up to and precipitating
307	the decision to use manual physical restraint, including an
308	indication as to why there was an imminent risk of serious
309	injury or death to the student or others.
310	c.  The specific positive behavioral strategies used to
311	prevent and deescalate the behavior.
312	d.  What occurred with the student immediately after the
313	termination of the restraint.
314	e.  Any injuries, visible marks, or possible medical
315	emergencies that may have occurred during the restraint,
316	documented according to district policies.
317	f.  The results of the medical evaluation and a copy of any
318	report by the medical professionals conducting the evaluation if
319	available. If the medical report is not available within 24
320	hours, the district must submit the medical report separately as
321	soon as it is available.
322	g.  Evidence of steps taken to notify the parent.
323	(d)  A school shall notify the parent of a student each
324	time manual physical restraint is used. Such notification must
325	be in writing and provided before the end of the school day on
326	which the restraint occurs. Reasonable efforts must also be
327	taken to notify the parent by telephone or computer e-mail, or
328	both, and these efforts must be documented. The school shall
329	obtain, and keep in its records, the parent's signed
330	acknowledgement that he or she was notified of his or her
331	child's restraint.
332	(e)  A school shall also provide the parent with the
333	completed incident report in writing by mail within 3 school
334	days after a student was manually physically restrained. The
335	school shall obtain, and keep in its records, the parent's
336	signed acknowledgement that he or she received a copy of the
337	incident report.
338	(8)  MONITORING.--
339	(a)  Monitoring of the use of manual physical restraint on
340	students shall occur at the classroom, building, district, and
341	state levels.
342	(b)  Documentation prepared as required in subsection (7)
343	shall be provided to the school principal, the district
344	Exceptional Student Education (ESE) director, and the bureau
345	chief of the Bureau of Exceptional Education and Student
346	Services each week that the school is in session.
347	(c)  A school shall send to the Advocacy Center for Persons
348	with Disabilities, Inc., a redacted copy of any incident report
349	and other documentation prepared as required in subsection (7)
350	each week that the school is in session.
351	(d)  The department shall maintain aggregate data of
352	incidents of manual physical restraint and disaggregate the data
353	for analysis by county, school, student exceptionality, and
354	other variables. This information shall be updated monthly and
355	made available to the public through the department's website no
356	later than January 31, 2011.
357	(9)  DISTRICT POLICIES AND PROCEDURES.--School districts
358	shall develop policies and procedures consistent with this
359	section and governing the following:
360	(a)  Allowable use of manual physical restraint on
361	students.
362	(b)  Personnel authorized to use manual physical restraint.
363	(c)  Training procedures.
364	(d)  Incident-reporting procedures.
365	(e)  Data collection.
366	(f)  Monitoring and reporting of data collected.
367	(g)  Analysis of data to determine trends.
368	(h)  Ongoing reduction of the use of manual physical
369	restraint.
370
371	Policy and procedure revisions pursuant to this section, which
372	must be prepared as part of the district's special policies and
373	procedures, must be filed with the bureau chief of the Bureau of
374	Exceptional Education and Student Services no later than January
375	31, 2011.
376	Section 2.  This act shall take effect July 1, 2010.

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