Florida Senate - 2017                        COMMITTEE AMENDMENT
       Bill No. SB 926
       
       
       
       
       
       
                                Ì723896ZÎ723896                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  04/03/2017           .                                
                                       .                                
                                       .                                
                                       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       The Committee on Education (Stewart) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Between lines 31 and 32
    4  insert:
    5         Section 2. Section 1003.573, Florida Statutes, is amended
    6  to read:
    7         1003.573 Seclusion and Use of restraint of and seclusion on
    8  students with disabilities in public schools.—
    9         (1) DEFINITIONS.—As used in this section, the term:
   10         (a) “Department” means the Department of Education.
   11         (b) “Exclusionary time” means the period during which an
   12  individual is removed from an event, activity, or instructional
   13  environment to encourage reflection on behavior and allow space
   14  and time for understanding of choices and consequences.
   15         (c) “Imminent risk of serious injury or death” means the
   16  impending risk of a significant injury, such as a laceration,
   17  bone fracture, substantial hematoma, or injury to an internal
   18  organ, or death.
   19         (d) “Manual physical restraint” means the use of physical
   20  restraint techniques that involve physical force applied by a
   21  teacher or other staff member to restrict the movement of all or
   22  part of a student’s body.
   23         (e) “Mechanical restraint” means the use of a device that
   24  restricts a student’s movement or restricts the normal function
   25  of a student’s body. The term includes the use of straps, belts,
   26  tie-downs, calming blankets, and chairs with straps; however,
   27  the term does not include the use of any of the following:
   28         1. Medical protective equipment.
   29         2. Physical equipment or orthopedic appliances, surgical
   30  dressings or bandages, or supportive body bands or other
   31  restraints necessary for ongoing medical treatment in the
   32  educational setting.
   33         3. Devices used to support functional body position or
   34  proper balance, or to prevent a person from falling out of a bed
   35  or a wheelchair, except when such a device is used for a purpose
   36  other than supporting a body position or proper balance, such as
   37  coercion, discipline, convenience, or retaliation, to prevent
   38  imminent risk of serious injury or death of the student or
   39  others, or for any other behavior management reason.
   40         4. Equipment used for safety during transportation, such as
   41  seatbelts or wheelchair tie-downs.
   42         (f) “Medical protective equipment” means health-related
   43  protective devices prescribed by a physician or dentist for use
   44  as student protection in response to an existing medical
   45  condition.
   46         (g) “Nonexclusionary time” means a period during which the
   47  individual remains in the event or instructional environment but
   48  is redirected from the activities so that he or she has an
   49  opportunity to reflect on the behavior and is given space and
   50  time for understanding of choices and consequences.
   51         (h) “Seclusion” means the removal of a student from an
   52  educational environment, involuntary confinement of the student
   53  in a room or area, and prevention of the student from leaving
   54  the room or area if achieved by locking the door or otherwise
   55  physically blocking the student’s way, threatening physical
   56  force or other consequences, or using physical force.
   57         (i) “Student” means a student with a disability.
   58         (2) LEGISLATIVE FINDINGS AND INTENT.—
   59         (a) The Legislature finds that public schools have a
   60  responsibility to ensure that each student is treated with
   61  respect and dignity in a trauma-informed environment that
   62  provides for the physical safety and security of the student and
   63  others.
   64         (b) The Legislature also finds that there is the potential
   65  for increased risk of injury or harm when seclusion or restraint
   66  is implemented by staff who are not adequately trained.
   67         (3) MANUAL PHYSICAL RESTRAINT.—
   68         (a) Manual physical restraint may be used only when there
   69  is an imminent risk of serious injury or death to the student or
   70  others and only for the period of time necessary to eliminate
   71  such risk.
   72         (b) The degree of force applied during manual physical
   73  restraint must be only that degree of force necessary to protect
   74  the student or others from bodily injury or death.
   75         (c) Manual physical restraint shall be used only by school
   76  personnel who are qualified and certified to use the methods
   77  authorized under this section, for the appropriate application
   78  of specific restraint techniques.
   79         (d)School personnel who have received training that is not
   80  associated with their employment with the school district, such
   81  as a former law enforcement officer who is now a teacher, shall
   82  be certified in the specific district-approved techniques and
   83  may not apply techniques or procedures acquired elsewhere.
   84         (e) School personnel may not use any of the following
   85  manual physical restraint techniques on a student:
   86         1. Prone and supine restraint.
   87         2. Pain inducement to obtain compliance.
   88         3. Bone locks.
   89         4. Hyperextension of joints.
   90         5. Peer restraint.
   91         6. Mechanical restraint.
   92         7. Pressure or weight on the chest, lungs, sternum,
   93  diaphragm, back, or abdomen, causing chest compression.
   94         8. Straddling or sitting on any part of the body or any
   95  maneuver that places pressure, weight, or leverage on the neck
   96  or throat, on an artery, or on the back of the head or neck or
   97  that otherwise obstructs or restricts the circulation of blood
   98  or obstructs an airway.
   99         9. Any type of choking, including hand chokes, and any type
  100  of neck or head hold.
  101         10. Any technique that involves pushing anything on or into
  102  the mouth, nose, eyes, or any part of the face or that involves
  103  covering the face or body with anything, including soft objects
  104  such as pillows or washcloths.
  105         11. Any maneuver that involves punching, hitting, poking,
  106  pinching, or shoving.
  107         12. Any type of mat or blanket restraint.
  108         13. Water or lemon sprays.
  109         (f) The school shall ensure that a student is medically
  110  evaluated by a physician, nurse, or other qualified medical
  111  professional as soon as possible after the student has been
  112  manually physically restrained by school personnel.
  113         (4) SECLUSION; exclusionary and nonexclusionary time.—
  114         (a) School personnel may not place a student in seclusion.
  115         (b) School personnel may place a student in exclusionary or
  116  non-exclusionary time if all of the following conditions are
  117  met:
  118         1. The exclusionary or nonexclusionary time is part of a
  119  positive behavioral intervention plan developed for the student
  120  from a functional behavioral assessment and referenced in the
  121  student’s individual education plan.
  122         2. There is documentation that the exclusionary or
  123  nonexclusionary time was preceded by the use of other positive
  124  behavioral supports that were not effective.
  125         3. The exclusionary or nonexclusionary time takes place in
  126  a classroom or in another environment where class educational
  127  activities are taking place.
  128         4. The student is not physically prevented from leaving the
  129  exclusionary or nonexclusionary time area.
  130         5. The student is observed on a constant basis by an adult
  131  for the duration of the exclusionary or nonexclusionary time.
  132         6. The exclusionary or nonexclusionary time area and
  133  process are free of any action that is likely to embarrass or
  134  humiliate the student.
  135         (c) Exclusionary or nonexclusionary time may not be used
  136  for a period that exceeds 1 minute for each year of a student’s
  137  age and must end immediately when the student is calm enough to
  138  return to his or her seat.
  139         (d) Exclusionary or nonexclusionary time may not be used as
  140  a punishment or negative consequence of a student’s behavior.
  141         (5) TRAINING AND CERTIFICATION.—
  142         (a) Each school district shall report its procedures for
  143  training and certification in the use of manual physical
  144  restraint to the department by publishing the procedures in the
  145  district’s special policies and procedures manual.
  146         (b) Training for initial certification in the use of manual
  147  physical restraint must include all of the following:
  148         1. Procedures for deescalating a problem behavior before
  149  the problem increases to a level or intensity necessitating
  150  physical intervention.
  151         2. Information regarding the risks associated with manual
  152  physical restraint and procedures for assessing individual
  153  situations and students in order to determine whether the use of
  154  manual physical restraint is appropriate and sufficiently safe.
  155         3. The actual use of specific techniques that range from
  156  the least to most restrictive, with ample opportunity for
  157  trainees to demonstrate proficiency in the use of such
  158  techniques.
  159         4. Techniques for implementing manual physical restraint
  160  with multiple staff members working as a team.
  161         5. Techniques for assisting a student in reentering the
  162  instructional environment and reengaging in learning.
  163         6. Instruction in the district’s documentation and
  164  reporting requirements.
  165         7. Procedures to identify and deal with possible medical
  166  emergencies arising during the use of manual physical restraint.
  167         8. Cardiopulmonary resuscitation.
  168         (c) Each school district shall provide refresher
  169  certification training courses in manual physical restraint
  170  techniques at least annually to all staff members who have
  171  successfully completed the initial certification program. The
  172  district must identify those persons to be certified and
  173  maintain a record that includes the name and position of the
  174  person certified, the date of the person’s most recent
  175  certification and whether it is an initial or refresher
  176  certification, and whether the individual successfully completed
  177  the certification and achieved proficiency.
  178         (d) School district policies regarding the use of manual
  179  physical restraint must address whether it is appropriate for an
  180  employee working in a specific setting, such as a school bus
  181  driver, school bus aide, job coach, employment specialist, or
  182  cafeteria worker, to be certified in manual physical restraint
  183  techniques. In the case of school resource officers or others
  184  who may be employed by other agencies when working in a school,
  185  administrators shall review each agency’s specific policies to
  186  be aware of techniques that may be used.
  187         (6) STUDENT-CENTERED FOLLOWUP.—If a student is manually
  188  physically restrained more than twice during a school year, the
  189  school shall review the student’s functional behavioral
  190  assessment and positive behavioral intervention plan.
  191         (7)(1) DOCUMENTATION AND REPORTING.—
  192         (a) At the beginning of each school year, a school district
  193  shall provide a copy of its policies on emergency procedures,
  194  including its policies on the use of manual physical restraint,
  195  to each student’s parent or guardian. The student’s parent or
  196  guardian must sign a form indicating that he or she has received
  197  and read the district’s policies, which the student’s school
  198  shall retain on file.
  199         (b)(a) A school shall prepare an incident report within 24
  200  hours after a student is released from restraint or seclusion.
  201  If the student’s release occurs on a day before the school
  202  closes for the weekend, a holiday, or another reason, the
  203  incident report must be completed by the end of the school day
  204  on the day the school reopens.
  205         (c)(b)All of the following must be included in the
  206  incident report:
  207         1. The name of the student restrained or secluded.
  208         2. The age, grade, ethnicity, and disability of the student
  209  restrained or secluded.
  210         3. The date and time of the event and the duration of the
  211  restraint or seclusion.
  212         4. The location at which the restraint or seclusion
  213  occurred.
  214         5. A description of the type of restraint used in terms
  215  established by the department of Education.
  216         6. The name of the person using or assisting in the
  217  restraint or seclusion of the student.
  218         7. The name of any nonstudent who was present to witness
  219  the restraint or seclusion.
  220         8. A description of the incident, including all of the
  221  following:
  222         a. The context in which the restraint or seclusion
  223  occurred.
  224         b. The student’s behavior leading up to and precipitating
  225  the decision to use manual or physical restraint or seclusion,
  226  including an indication as to why there was an imminent risk of
  227  serious injury or death to the student or others.
  228         c. The specific positive behavioral strategies used to
  229  prevent and deescalate the behavior.
  230         d. What occurred with the student immediately after the
  231  termination of the restraint or seclusion.
  232         e. Any injuries, visible marks, or possible medical
  233  emergencies that may have occurred during the restraint or
  234  seclusion, documented according to district policies.
  235         f. The results of the medical evaluation and a copy of any
  236  report by the medical professionals conducting the evaluation,
  237  if available. If the medical report is not available within 24
  238  hours, the district must submit the medical report separately as
  239  soon as it becomes available.
  240         g.f. Evidence of steps taken to notify the student’s parent
  241  or guardian.
  242         (d)(c) A school shall notify the parent or guardian of a
  243  student each time manual or physical restraint or seclusion is
  244  used. Such notification must be in writing and provided before
  245  the end of the school day on which the restraint or seclusion
  246  occurs. Reasonable efforts must also be taken to notify the
  247  parent or guardian by telephone or computer e-mail, or both, and
  248  these efforts must be documented. The school shall obtain, and
  249  keep in its records, the parent’s or guardian’s signed
  250  acknowledgment that he or she was notified of his or her child’s
  251  restraint or seclusion.
  252         (e)(d) A school shall also provide the parent or guardian
  253  with the completed incident report in writing by mail within 3
  254  school days after a student was manually or physically
  255  restrained or secluded. The school shall obtain, and keep in its
  256  records, the parent’s or guardian’s signed acknowledgment that
  257  he or she received a copy of the incident report.
  258         (8)(2) MONITORING.—
  259         (a) Monitoring of The use of manual or physical restraint
  260  or seclusion on students shall be monitored occur at the
  261  classroom, building, district, and state levels.
  262         (b) Any documentation prepared by a school pursuant to as
  263  required in subsection (7) (1) shall be provided to the school
  264  principal, the district director of Exceptional Student
  265  Education, and the bureau chief of the Bureau of Exceptional
  266  Education and Student Services electronically each week month
  267  that the school is in session.
  268         (c) Each week that a school is in session, the school shall
  269  send a redacted copy of any incident report and other
  270  documentation prepared pursuant to subsection (7) to Disability
  271  Rights Florida.
  272         (d)(c) The department shall maintain aggregate data of
  273  incidents of manual or physical restraint and seclusion and
  274  disaggregate the data for analysis by county, school, student
  275  exceptionality, and other variables, including the type and
  276  method of restraint or seclusion used. This information shall be
  277  updated monthly and made available to the public through the
  278  department’s website beginning no later than January 31, 2018.
  279         (e)(d) The department shall establish standards for
  280  documenting, reporting, and monitoring the use of manual or
  281  physical restraint or mechanical restraint, and occurrences of
  282  seclusion. These standards shall be provided to school districts
  283  by October 1, 2011.
  284         (9)(3) SCHOOL DISTRICT POLICIES AND PROCEDURES.—
  285         (a) Each school district shall develop policies and
  286  procedures that are consistent with this section and that govern
  287  all of the following:
  288         1. Authorized use of manual physical restraint on students.
  289         2. Personnel authorized to use manual physical restraint.
  290         3. Training procedures.
  291         4.1. Incident-reporting procedures.
  292         5.2. Data collection and monitoring, including when, where,
  293  and why students are restrained and or secluded; the frequency
  294  of occurrences of such restraint or seclusion; and the prone or
  295  mechanical restraint that is most used.
  296         6.3. Monitoring and reporting of data collected.
  297         7.4. Training programs relating to manual or physical
  298  restraint and seclusion.
  299         8.5. The district’s plan for selecting personnel to be
  300  trained.
  301         9.6. The district’s plan for reducing the use of restraint,
  302  and seclusion particularly in settings in which it occurs
  303  frequently or with students who are restrained repeatedly, and
  304  for reducing the use of prone restraint and mechanical
  305  restraint. The plan must include a goal for reducing the use of
  306  restraint and seclusion and must include activities, skills, and
  307  resources needed to achieve that goal. Activities may include,
  308  but are not limited to, all of the following:
  309         a. Additional training in positive behavioral support and
  310  crisis management.;
  311         b. Parental involvement.;
  312         c. Data review.;
  313         d. Updates of students’ functional behavioral analysis and
  314  positive behavior intervention plans.;
  315         e. Additional student evaluations.;
  316         f. Debriefing with staff.;
  317         g. Use of schoolwide positive behavior support.; and
  318         h. Changes to the school environment.
  319         10. Analysis of data to determine trends.
  320         11. Ongoing reduction of the use of manual physical
  321  restraint.
  322         (b) Any revisions a school district makes to its to the
  323  district’s policies and procedures, which must be prepared as
  324  part of the school district’s its special policies and
  325  procedures, must be filed with the bureau chief of the Bureau of
  326  Exceptional Education and Student Services no later than January
  327  31, 2012.
  328         (4) PROHIBITED RESTRAINT.—School personnel may not use a
  329  mechanical restraint or a manual or physical restraint that
  330  restricts a student’s breathing.
  331         (5) SECLUSION.—School personnel may not close, lock, or
  332  physically block a student in a room that is unlit and does not
  333  meet the rules of the State Fire Marshal for seclusion time-out
  334  rooms.
  335  
  336  ================= T I T L E  A M E N D M E N T ================
  337  And the title is amended as follows:
  338         Delete lines 2 - 10
  339  and insert:
  340         An act relating to education; requiring the
  341         Commissioner of Education to review specified college
  342         entrance examinations to determine their alignment
  343         with the core curricular content for high school level
  344         English Language Arts and mathematics established in
  345         state standards; requiring the commissioner to submit
  346         a report on the results of such review to the
  347         Governor, Legislature, and State Board of Education by
  348         a specified date; amending s. 1003.573, F.S.; defining
  349         terms; providing legislative findings and intent;
  350         providing requirements for the use of manual physical
  351         restraint by school personnel; prohibiting specified
  352         manual physical restraint techniques; requiring each
  353         school to ensure that a student who has been manually
  354         physically restrained receive a medical evaluation
  355         after such restraint; prohibiting school personnel
  356         from placing a student in seclusion; providing
  357         requirements for the use of exclusionary or
  358         nonexclusionary time; requiring that a school district
  359         report its procedures for training and certification
  360         in the use of manual physical restraint to the
  361         Department of Education; providing requirements for
  362         such training and certification; requiring each school
  363         district to annually provide refresher certification;
  364         requiring a school district’s manual physical
  365         restraint policies to address certain issues;
  366         requiring that a school review a student’s functional
  367         behavior assessment and positive behavioral
  368         intervention plan under certain circumstances;
  369         requiring that parents be notified of a school
  370         district’s policies regarding the use of manual
  371         physical restraint; revising information to be
  372         included in a school incident report; requiring that
  373         each school send a redacted copy of any incident
  374         report or other documentation to Disability Rights
  375         Florida; requiring that the department make available
  376         on its website data of incidents of manual physical
  377         restraint; requiring that each school district develop
  378         policies and procedures governing the authorized use
  379         of manual physical restraint, the personnel authorized
  380         to use such restraint, training procedures, analysis
  381         of data, and the reduction of the use of manual
  382         physical restraint; requiring that any revisions to a
  383         school district’s policies and procedures be filed
  384         with the bureau chief of the Bureau of Exceptional
  385         Education and Student Services; amending s. 1008.22,