Florida Senate - 2022                                     SB 390
       
       
        
       By Senator Book
       
       
       
       
       
       32-00444-22                                            2022390__
    1                        A bill to be entitled                      
    2         An act relating to restraint of students with
    3         disabilities in public schools; amending s. 1003.573,
    4         F.S.; prohibiting school personnel from using
    5         mechanical restraint on students with disabilities;
    6         providing exceptions; conforming provisions to changes
    7         made by the act; providing an effective date.
    8          
    9  Be It Enacted by the Legislature of the State of Florida:
   10  
   11         Section 1. Subsection (3) of section 1003.573, Florida
   12  Statutes, is amended to read:
   13         1003.573 Seclusion and restraint of students with
   14  disabilities in public schools.—
   15         (3) RESTRAINT.—
   16         (a) School personnel may not use mechanical restraint. This
   17  paragraph does not apply to school resource officers, school
   18  safety officers, school guardians, or school security guards as
   19  described in s. 1006.12, who may use mechanical restraint in the
   20  exercise of their powers and duties to restrict students in
   21  grades 6 through 12.
   22         (b) Authorized school personnel may use physical restraint
   23  only when all positive behavior interventions and supports have
   24  been exhausted. Physical restraint may be used only when there
   25  is an imminent risk of serious injury and must shall be
   26  discontinued as soon as the threat posed by the dangerous
   27  behavior has dissipated. Techniques or devices such as
   28  straightjackets, zip ties, handcuffs, or tie downs may not be
   29  used in ways that may obstruct or restrict breathing or blood
   30  flow or that place a student in a facedown position with the
   31  student’s hands restrained behind the student’s back. Physical
   32  restraint techniques may not be used to inflict pain to induce
   33  compliance.
   34         (c)(b) Notwithstanding the authority provided in s.
   35  1003.32, physical restraint may shall be used only to protect
   36  the safety of students, school personnel, or others and may not
   37  be used for student discipline or to correct student
   38  noncompliance.
   39         (d)(c) The degree of force applied during physical
   40  restraint must be only that degree of force necessary to protect
   41  the student or others from imminent risk of serious injury.
   42         Section 2. This act shall take effect July 1, 2022.