Amendment
Bill No. CS/CS/HB 1255

Amendment No. 523165

CHAMBER ACTION
Senate		House
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1	Representative Adkins offered the following:
2
3	Amendment (with title amendment)
4	Between lines 937 and 938, insert:
5	Section 20.  Section 1003.573, Florida Statutes, is amended
6	to read:
7	1003.573  Use of seclusion and restraint or seclusion on
8	students with disabilities.-
9	(1)  DOCUMENTATION AND REPORTING.-
10	(a)  A school shall prepare an incident report within 24
11	hours after a student with disabilities is released from
12	restraint or seclusion. If the student's release occurs on a day
13	before the school closes for the weekend, a holiday, or another
14	reason, the incident report must be completed by the end of the
15	school day on the day the school reopens. For purposes of this
16	section, the term "student with disabilities" has the same
17	meaning as provided in s. 1003.01(3)(a).
18	(b)  The following must be included in the incident report:
19	1.  The name of the student restrained or secluded.
20	2.  The date and time of the event and the duration of the
21	restraint or seclusion.
22	3.  The location at which the restraint or seclusion
23	occurred.
24	4.  The type of restraint or seclusion that occurred. The
25	terms used to describe each occurrence must be in conformity
26	with the terms identified and described in state board rule.
27	5.  The name of the person using or assisting in the
28	restraint or seclusion of the student.
29	6.  The name of any nonstudent who was present to witness
30	the restraint or seclusion.
31	7.  A description of the incident, including:
32	a.  The context in which the restraint or seclusion
33	occurred.
34	b.  The student's behavior leading up to and precipitating
35	the decision to use manual physical restraint or seclusion,
36	including an indication as to why there was an imminent risk of
37	serious injury or death to the student or others.
38	c.  The specific positive behavioral strategies used to
39	prevent and deescalate the behavior.
40	d.  What occurred with the student immediately after the
41	termination of the restraint or seclusion.
42	e.  Any injuries, visible marks, or possible medical
43	emergencies that may have occurred during the restraint or
44	seclusion, documented according to district policies.
45	f.  Evidence of steps taken to notify the student's parent
46	or guardian.
47	8.  Other variables identified in state board rule.
48	(c)  A school shall notify the parent or guardian of a
49	student each time manual physical restraint or seclusion is
50	used. Such notification must be in writing and provided before
51	the end of the school day on which the restraint or seclusion
52	occurs. Reasonable efforts must also be taken to notify the
53	parent or guardian by telephone or computer e-mail, or both, and
54	these efforts must be documented. The school shall obtain, and
55	keep in its records, the parent's or guardian's signed
56	acknowledgment that he or she was notified of his or her child's
57	restraint or seclusion.
58	(d)  A school shall also provide the parent or guardian
59	with the completed incident report in writing by mail within 3
60	school days after a student was manually physically restrained
61	or secluded. The school shall obtain, and keep in its records,
62	the parent's or guardian's signed acknowledgment that he or she
63	received a copy of the incident report.
64	(2)  MONITORING.-
65	(a)  Monitoring of the use of manual physical restraint or
66	seclusion on students shall occur at the classroom, building,
67	district, and state levels.
68	(b)  Each month that a school is in session, incident
69	reports required under Beginning July 1, 2010, documentation
70	prepared as required in subsection (1) shall be provided to the
71	school principal and, the district director of Exceptional
72	Student Education, and shall be provided electronically to the
73	bureau chief of the Bureau of Exceptional Education and Student
74	Services within the department electronically each month that
75	the school is in session.
76	(c)  The department shall maintain aggregate data of
77	incidents of manual physical restraint and seclusion and
78	disaggregate the data for analysis by county, school, disability
79	of the student exceptionality, and other variables. This
80	information shall be updated monthly.
81	(3)  SCHOOL DISTRICT POLICIES AND PROCEDURES.-
82	(a)  Each school district shall develop policies and
83	procedures that are consistent with this section and that
84	include, but are not limited to govern the following:
85	(a)1.  Reporting incidents of restraint or seclusion as
86	required under subsection (1) Incident-reporting procedures.
87	(b)2.  Collecting, monitoring, and reporting data regarding
88	restraint and seclusion, including when, where, and why students
89	are restrained or secluded; the frequency of occurrences of such
90	restraint or seclusion; and the number of times each type of
91	restraint is used Data collection.
92	(c)  Setting goals for the reduction of restraint and
93	seclusion, particularly in settings in which restraint or
94	seclusion occurs frequently or at times when particular students
95	are restrained or secluded repeatedly, and identifying the
96	resources, skills, and activities needed to achieve such goals.
97	Activities may include, but are not limited to:
98	1.  Additional training in positive behavioral support and
99	crisis management.
100	2.  Parental involvement.
101	3.  Data review.
102	4.  Updates to a student's functional behavioral analysis
103	and positive behavior intervention plans.
104	5.  Additional student evaluations.
105	6.  Debriefing with staff.
106	7.  Use of schoolwide positive behavior support.
107	8.  Changes to the school environment.
108	3.  Monitoring and reporting of data collected.
109	(b)  Any revisions to such policies and procedures, which
110	must be prepared as part of the school district's special
111	policies and procedures, must be filed with the bureau chief of
112	the Bureau of Exceptional Education and Student Services no
113	later than January 31, 2011.
114	(4)  PROHIBITED RESTRAINT.-School personnel may not use a
115	mechanical restraint or a manual physical restraint that
116	restricts a student's breathing.
117	(5)  SECLUSION.-School personnel may not close, lock, or
118	physically block a student in a room that is unlit and does not
119	meet the rules of the State Fire Marshal for seclusion time-out
120	rooms.
121	(6)  RULES.-The State Board of Education shall adopt rules
122	to implement this section. The rules shall define the terms
123	seclusion and restraint, which shall include physical and
124	mechanical restraint, and identify the appropriate terms to be
125	used in the incident report when describing the type of
126	seclusion or restraint that occurred. The rules shall identify
127	additional variables that must be documented in each incident
128	report as well as the standards for documentation and the
129	process for submitting each incident report. These rules shall
130	be provided to school districts on or before March 1, 2012.
131	Section 21.  The amendments to s. 1003.573(1), Florida
132	Statutes, made by this act apply to incident reports submitted
133	on or after July 1, 2012.
134	Section 22.  Paragraph (e) of subsection (1) of section
135	1012.582, Florida Statutes, is amended to read:
136	1012.582  Continuing education and inservice training for
137	teaching students with developmental disabilities.-
138	(1)  The Commissioner of Education shall develop
139	recommendations to incorporate instruction regarding autism
140	spectrum disorder, Down syndrome, and other developmental
141	disabilities into continuing education or inservice training
142	requirements for instructional personnel. These recommendations
143	shall address:
144	(e)  Appropriate use of manual physical restraint and
145	seclusion techniques.
146
147
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149	T I T L E  A M E N D M E N T
150	Remove line 67 and insert:
151	and professional academies and academy courses; amending s.
152	1003.573, F.S.; revising provisions relating to the use of
153	restraint and seclusion on students with disabilities; requiring
154	that certain information be included in incident reports;
155	revising provisions relating to school district policies and
156	procedures to include setting goals for the reduction of
157	restraint and seclusion; requiring the State Board of Education
158	to adopt rules defining terms and identifying additional
159	variables to be documented in incident reports and standards for
160	documentation and reporting; providing for application of
161	specified provisions of the act; amending s. 1012.582, F.S.;
162	conforming provisions to changes made by the act; amending

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