Bill Text: FL S0062 | 2019 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Students with Disabilities in Public Schools
Spectrum: Bipartisan Bill
Status: (Failed) 2019-05-03 - Died in Appropriations Subcommittee on Education [S0062 Detail]
Download: Florida-2019-S0062-Introduced.html
Bill Title: Students with Disabilities in Public Schools
Spectrum: Bipartisan Bill
Status: (Failed) 2019-05-03 - Died in Appropriations Subcommittee on Education [S0062 Detail]
Download: Florida-2019-S0062-Introduced.html
Florida Senate - 2019 SB 62 By Senator Book 32-00070-19 201962__ 1 A bill to be entitled 2 An act relating to students with disabilities in 3 public schools; amending s. 1003.573, F.S.; defining 4 terms; providing requirements for the use of physical 5 restraint; prohibiting specified physical restraint 6 techniques; providing requirements for the use of 7 exclusionary and nonexclusionary time; providing 8 requirements for school districts to report and 9 publish training procedures; providing for student 10 centered followup; providing requirements for 11 documenting, reporting, and monitoring the use of 12 restraint and exclusionary or nonexclusionary time; 13 revising school district policies and procedures 14 relating to restraint; prohibiting the use of 15 seclusion; amending s. 1012.582, F.S.; requiring 16 continuing education and inservice training for 17 instructional personnel in teaching students with 18 emotional or behavioral disabilities; conforming 19 provisions to changes made by the act; providing an 20 effective date. 21 22 Be It Enacted by the Legislature of the State of Florida: 23 24 Section 1. Section 1003.573, Florida Statutes, is amended 25 to read: 26 1003.573 Seclusion andUse ofrestraint ofand seclusion on27 students with disabilities in public schools.— 28 (1) DEFINITIONS.—As used in this section, the term: 29 (a) “Exclusionary time” means the period during which a 30 student is removed from an event, activity, or instructional 31 environment to encourage reflection on his or her behavior and 32 allow space and time for understanding of choices and 33 consequences. 34 (b) “Imminent risk of serious injury or death” means the 35 impending risk of a significant injury, such as a laceration, 36 bone fracture, substantial hematoma, or injury to an internal 37 organ, or death. 38 (c) “Medical protective equipment” means health-related 39 protective devices prescribed by a physician or dentist for use 40 as student protection in response to an existing medical 41 condition. 42 (d) “Nonexclusionary time” means a period during which a 43 student remains at the event or in the instructional environment 44 but is redirected from the activities so that he or she has an 45 opportunity to reflect on his or her behavior and is given space 46 and time for understanding of choices and consequences. 47 (e) “Restraint” means the use of a mechanical or physical 48 restraint which may be used only when all other behavioral 49 strategies and intervention techniques have been exhausted. 50 1. “Mechanical restraint” means the use of a device that 51 restricts a student’s freedom of movement. The term includes, 52 but is not limited to, the use of straps, belts, tie-downs, and 53 chairs with straps; however, the term does not include the use 54 of any of the following: 55 a. Medical protective equipment. 56 b. Behavioral protective equipment, including helmets, 57 gloves, wraps, calming blankets, and other devices that are used 58 temporarily to prevent severe tissue damage caused by behavioral 59 excesses. 60 c. Physical equipment or orthopedic appliances, surgical 61 dressings or bandages, or supportive body bands or other 62 restraints necessary for ongoing medical treatment in the 63 educational setting. 64 d. Devices used to support functional body position or 65 proper balance; to prevent a person from falling out of a bed or 66 a wheelchair, except when such a device is used for a purpose 67 other than supporting a body position or proper balance, such as 68 coercion, discipline, convenience, or retaliation; to prevent 69 imminent risk of serious injury or death of the student or 70 others; or for any other behavior management reason. 71 e. Equipment used for safety during transportation, such as 72 seatbelts or wheelchair tie-downs. 73 2. “Physical restraint” means the use of manual restraint 74 techniques that involve significant physical force applied by a 75 teacher or other staff member to restrict the movement of all or 76 part of a student’s body. 77 (f) “Seclusion” means the removal of a student from an 78 educational environment, involuntarily confining the student in 79 a room or area, and preventing the student from leaving the area 80 by locking or artificially blocking the door. The term does not 81 include exclusionary time. 82 (g) “Student” means a student with a disability. 83 (2) PHYSICAL RESTRAINT.— 84 (a) Physical restraint may be used only when there is an 85 imminent risk of serious injury or death to the student or 86 others and only for the period of time necessary to eliminate 87 such risk. 88 (b) Notwithstanding the authority provided in s. 1003.32, 89 physical restraint may be used only to protect the safety of 90 students, school personnel, or others and may not be used for 91 student discipline, to correct student noncompliance, or for the 92 convenience of school district staff. Physical restraint may 93 only be used for the period needed to provide such protection. 94 (c) The degree of force applied during physical restraint 95 must be only that degree of force necessary to protect the 96 student or others from serious injury or death. 97 (d) School personnel who have received training that is not 98 associated with their employment with the school district, such 99 as a former law enforcement officer who is now a teacher, shall 100 receive training in the specific district-approved techniques 101 and may not apply techniques or procedures acquired elsewhere. 102 (e) School personnel may not use any of the following 103 physical restraint techniques on a student: 104 1. Pain inducement to obtain compliance. 105 2. Bone locks. 106 3. Hyperextension of joints. 107 4. Peer restraint. 108 5. Pressure or weight on the chest, lungs, sternum, 109 diaphragm, back, or abdomen causing chest compression. 110 6. Straddling or sitting on any part of the body or any 111 maneuver that places pressure, weight, or leverage on the neck 112 or throat, on an artery, or on the back of the head or neck or 113 that otherwise obstructs or restricts the circulation of blood 114 or obstructs an airway. 115 7. Any type of choking, including hand chokes, and any type 116 of neck or head hold. 117 8. A technique that involves spraying or pushing anything 118 on or into the mouth, nose, eyes, or any part of the face or 119 that involves covering the face or body with anything, including 120 soft objects such as pillows or washcloths. 121 9. Any maneuver that involves punching, hitting, poking, 122 pinching, or shoving. 123 10. Prone or supine restraint. 124 (3) EXCLUSIONARY AND NONEXCLUSIONARY TIME.— 125 (a) School personnel may place a student in exclusionary or 126 nonexclusionary time if all of the following conditions are met: 127 1. The exclusionary or nonexclusionary time is part of a 128 positive behavioral intervention plan developed for the student. 129 2. There is documentation that the exclusionary or 130 nonexclusionary time was preceded by the use of other positive 131 behavioral supports that were not effective. 132 3. The exclusionary or nonexclusionary time takes place in 133 a classroom or in another environment where class educational 134 activities are taking place. 135 4. The student is not physically prevented from leaving the 136 exclusionary or nonexclusionary time area. 137 5. The student is observed on a constant basis by an adult 138 for the duration of the exclusionary or nonexclusionary time. 139 6. The exclusionary or nonexclusionary time area and 140 process are free of any action that is likely to embarrass or 141 humiliate the student. 142 (b) Exclusionary or nonexclusionary time may be used for a 143 period of up to 1 minute for each year of a student’s age or 144 until the student is calm enough to return to his or her seat, 145 whichever is shorter. 146 (c) Exclusionary or nonexclusionary time may not be used as 147 a punishment for or negative consequence of a student’s 148 behavior. 149 (4) TRAINING.— 150 (a) Each school district shall report its procedures for 151 training in the use of restraint to the department by publishing 152 the procedures in the district’s special policies and procedures 153 manual. 154 (b) Training in the use of restraint must include all of 155 the following: 156 1. Procedures for deescalating a problem behavior before 157 the problem behavior increases to a level or intensity 158 necessitating physical intervention. 159 2. Information regarding the risks associated with 160 restraint and procedures for assessing individual situations and 161 students in order to determine whether the use of restraint is 162 appropriate and sufficiently safe. 163 3. The actual use of specific techniques that range from 164 the least to most restrictive, with ample opportunity for 165 trainees to demonstrate proficiency in the use of such 166 techniques. 167 4. Techniques for implementing restraint with multiple 168 staff members working as a team. 169 5. Techniques for assisting a student in reentering the 170 instructional environment and reengaging in learning. 171 6. Instruction in the district’s documentation and 172 reporting requirements. 173 7. Procedures for identifying and dealing with possible 174 medical emergencies arising during the use of restraint. 175 8. Cardiopulmonary resuscitation. 176 (5) STUDENT-CENTERED FOLLOWUP.—If a student is restrained 177 more than twice during a semester, the school must conduct a 178 review of each of the following: 179 (a) The incidents in which restraint was used and an 180 analysis of how future incidents may be avoided. 181 (b) The student’s functional behavioral assessment and 182 positive behavioral intervention plan by the school personnel 183 and parent within 2 weeks before the end of the semester. 184 (c) The training provided to school personnel concerning 185 the use of restraint. 186 (6)(1)DOCUMENTATION AND REPORTING.— 187 (a) At the beginning of each school year, a school district 188 shall publicly post its policies on all emergency procedures, 189 including its policies on the use of restraint. 190 (b)(a)A school shall prepare an incident report within 24 191 hours after a student is released from restraint or exclusionary 192 or nonexclusionary timeseclusion. If the student’s release 193 occurs on a day before the school closes for the weekend, a 194 holiday, or another reason, the incident report must be 195 completed by the end of the school day on the day the school 196 reopens. 197 (c)(b)The following must be included in the incident 198 report: 199 1. The name of the student restrained or placed in 200 exclusionary or nonexclusionary timesecluded. 201 2. The age, grade, ethnicity, and disability of the student 202 restrained or placed in exclusionary or nonexclusionary time 203secluded. 204 3. The date and time of the event and the duration of the 205 restraint or exclusionary or nonexclusionary timeseclusion. 206 4. The location at which the restraint or exclusionary or 207 nonexclusionary timeseclusionoccurred. 208 5. If a restraint is used, a description of the type of 209 restraint used in terms established by the departmentof210Education. 211 6. The name of the person using or assisting in the 212 restraint of or imposition of exclusionary or nonexclusionary 213 time onseclusion ofthe student and the date the person was 214 last trained in the use of restraint on students. 215 7. The name of any nonstudent who was present to witness 216 the restraint or exclusionary or nonexclusionary timeseclusion. 217 8. A description of the incident, including all of the 218 following: 219 a. The context in which the restraint or exclusionary or 220 nonexclusionary timeseclusionoccurred. 221 b. The student’s behavior leading up to and precipitating 222 the decision to usemanual or physicalrestraint or exclusionary 223 or nonexclusionary timeseclusion, including an indication as to 224 why there was an imminent risk of serious injury or death to the 225 student or others if a student was subject to restraint. 226 c. The specific positive behavioral strategies used to 227 prevent and deescalate the behavior. 228 d. What occurred with the student immediately after the 229 termination of the restraint or exclusionary or nonexclusionary 230 timeseclusion. 231 e. Any injuries, visible marks, or possible medical 232 emergencies that may have occurred during the restraint or 233 exclusionary or nonexclusionary timeseclusion, documented 234 according to district policies. 235 f. Evidence of steps taken to notify the student’s parent 236 or guardian. 237 (d)(c)A school shall notify the parent or guardian of a 238 student each timemanual or physicalrestraint or exclusionary 239 or nonexclusionary timeseclusionis used. Such notification 240 must be in writing and provided before the end of the school day 241 on which the restraint or exclusionary or nonexclusionary time 242seclusionoccurs. Reasonable efforts must also be taken to 243 notify the parent or guardian by telephone orcomputere-mail, 244 or both, and these efforts must be documented. The school shall 245 obtain, and keep in its records, the parent’s or guardian’s 246 signed acknowledgment that he or she was notified of his or her 247 child’s restraint or exclusionary or nonexclusionary time 248seclusion. 249 (e)(d)A school shall also provide the parent or guardian 250 with the completed incident report in writing by mail within 3 251 school days after a student wasmanually or physically252 restrained or placed in exclusionary or nonexclusionary time 253secluded. The school shall obtain, and keep in its records, the 254 parent’s or guardian’s signed acknowledgment that he or she 255 received a copy of the incident report. 256 (7)(2)MONITORING.— 257 (a)Monitoring ofThe use ofmanual or physicalrestraint 258 or exclusionary or nonexclusionary timeseclusionon students 259 must be monitoredshalloccurat the classroom, building, 260 district, and state levels. 261 (b) Any documentation prepared by a school pursuant toas262required insubsection (6)(1)shall be provided to the school 263 principal, the district director of Exceptional Student 264 Education, and the bureau chief of the Bureau of Exceptional 265 Education and Student Services electronically each month that 266 the school is in session. Redacted copies of such documentation 267 must be updated monthly and made available to the public through 268 the department’s website no later than October 1, 2019. 269 (c) The department shall maintain aggregate data of 270 incidents ofmanual or physicalrestraint or exclusionary or 271 nonexclusionary timeandseclusionand disaggregate the data for 272 analysis by county, school, student exceptionality, and other 273 variables, including the type and method of restraint or 274 exclusionary or nonexclusionary timeseclusionused. This 275 information mustshallbe updated monthly and made available to 276 the public through the department’s website beginning no later 277 than October 1, 2019. 278 (d) The department shall establish and provide to school 279 districts standards for documenting, reporting, and monitoring 280 the use ofmanual or physicalrestraintormechanical restraint, 281 and occurrences of exclusionary or nonexclusionary time 282seclusion.These standards shall be provided to school districts283by October 1, 2011.284 (8)(3)SCHOOL DISTRICT POLICIES AND PROCEDURES REGARDING 285 RESTRAINT.— 286 (a) School districts shall develop policies and procedures 287 that provide for the physical safety and security of all 288 students and school personnel and treat all students with 289 respect and dignity in an environment that promotes a positive 290 school culture and climate. SuchEach school district shall291developpolicies and procedures must bethat areconsistent with 292 this section and mustthatgovern the following: 293 1. A description of escalating behavioral strategies that 294 may be used. 295 2. Allowable use of restraint on students. 296 3. Training procedures. 297 4.1.Incident-reporting procedures. 298 5.2.Data collection and monitoring, including when, where, 299 and why students are restrained andor secluded;the frequency 300 of occurrences of such restraintor seclusion; and the prone or301mechanical restraint that is most used. 302 6.3.Monitoring and reporting of data collected. 303 7.4.Training programs and procedures relating tomanual or304physicalrestraintand seclusion. 305 8.5.The district’s plan for selecting personnel to be 306 trained and the timeframe for completing such training pursuant 307 to subsection (4). 308 9.6.The district’s plan for reducing the use of restraint, 309and seclusionparticularly in settings in which it occurs 310 frequently or with students who are restrained repeatedly, and311for reducing the use of prone restraint and mechanical312restraint. The plan must include a goal for reducing the use of 313 restraintand seclusionand must include activities, skills, and 314 resources needed to achieve that goal. Activities may include, 315 but are not limited to, all of the following: 316 a. Additional training in positive behavioral support and 317 crisis management.;318 b. Parental involvement.;319 c. Data review.;320 d. Updates of students’ functional behavioral analysis and 321 positive behavior intervention plans.;322 e. Additional student evaluations.;323 f. Debriefing with staff.;324 g. Use of schoolwide positive behavior support.; and325 h. Changes to the school environment. 326 10. Analysis of data to determine trends. 327 11. Ongoing reduction of the use of restraint. 328 (b) Any revisions a school district makes to itsto the329district’spolicies and procedures, which must be prepared as 330 part of the school district’sitsspecial policies and 331 procedures, must be filed with the bureau chief of the Bureau of 332 Exceptional Education and Student Servicesno later than January33331, 2012. 334 (9)(4)PROHIBITED RESTRAINT.—School personnel may not use a 335 mechanical restraint or amanual or physicalrestraint that 336 restricts a student’s breathing. 337 (10)(5)SECLUSION.—School personnel may not place a student 338 in seclusionclose, lock, or physically block a student in a339room that is unlit and does not meet the rules of the State Fire340Marshal for seclusion time-out rooms. 341 Section 2. Section 1012.582, Florida Statutes, is amended 342 to read: 343 1012.582 Continuing education and inservice training for 344 teaching students with developmental and emotional or behavioral 345 disabilities.— 346 (1) The Commissioner of Education shall develop 347 recommendations to incorporate instruction regarding autism 348 spectrum disorder, Down syndrome,andother developmental 349 disabilities, and emotional or behavioral disabilities into 350 continuing education or inservice training requirements for 351 instructional personnel. These recommendations mustshall352 address: 353 (a) Early identification of, and intervention for, students 354 who have autism spectrum disorder, Down syndrome,orother 355 developmental disabilities, or emotional or behavioral 356 disabilities. 357 (b) Curriculum planning and curricular and instructional 358 modifications, adaptations, and specialized strategies and 359 techniques. 360 (c) The use of available state and local resources. 361 (d) The use of positive behavioral supports to deescalate 362 problem behaviors. 363 (e) Appropriate use ofmanualphysical restraint and 364 effective classroom behavior management strategies, including, 365 but not limited to, differential reinforcement, precision 366 commands, minimizing attention or access to other reinforcers, 367 and exclusionary and nonexclusionary time methodsseclusion368techniques. 369 (2) In developing the recommendations, the commissioner 370 shall consult with the State Surgeon General, the Director of 371 the Agency for Persons with Disabilities, representatives from 372 the education community in the state, and representatives from 373 entities that promote awareness about autism spectrum disorder, 374 Down syndrome,andother developmental disabilities, and 375 emotional or behavioral disabilities and provide programs and 376 services to persons withdevelopmentaldisabilities, including, 377 but not limited to, regional autism centers pursuant to s. 378 1004.55. 379 (3) Beginning with the 2010-2011 school year, the 380 Department of Education shall incorporate the course curricula 381 recommended by the Commissioner of Education, pursuant to 382 subsection (1), into existing requirements for the continuing 383 education or inservice training of instructional personnel. The 384 requirements of this section may not add to the total hours 385 required for continuing education or inservice training as 386 currently established by the department. 387 (4) The State Board of Education may adopt rules pursuant 388 to ss. 120.536(1) and 120.54 to implement this section. 389 Section 3. This act shall take effect July 1, 2019.