Bill Text: FL S1350 | 2011 | Regular Session | Introduced
Bill Title: Students with Disabilities/Seclusion & Restraint
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2011-05-07 - Indefinitely postponed and withdrawn from consideration [S1350 Detail]
Download: Florida-2011-S1350-Introduced.html
Florida Senate - 2011 SB 1350 By Senator Flores 38-00944-11 20111350__ 1 A bill to be entitled 2 An act relating to the use, prevention, and reduction 3 of seclusion and restraint on students with 4 disabilities in public schools; amending s. 1003.573, 5 F.S.; providing definitions; providing legislative 6 findings and intent; requiring that manual physical 7 restraint be used only in an emergency when there is 8 an imminent risk of serious injury or death to the 9 student or others; providing restrictions on the use 10 of manual physical restraint; prohibiting the use of 11 manual physical restraint by school personnel who are 12 not certified to use district-approved methods for 13 applying restraint techniques; prohibiting specified 14 techniques; requiring that each school medically 15 evaluate a student after the student is manually 16 physically restrained; prohibiting school personnel 17 from placing a student in seclusion; providing 18 requirements for the use of time-out; requiring that a 19 school district report its training and certification 20 procedures to the Department of Education; requiring 21 that school personnel be trained and certified in the 22 use of manual physical restraint; requiring that a 23 school review a student’s functional behavior 24 assessment and positive behavioral intervention plan 25 under certain circumstances; requiring that parents be 26 notified of a school district’s policies regarding the 27 use of manual physical restraint; requiring that each 28 school send a redacted copy of any incident report or 29 other documentation to the Advocacy Center for Persons 30 with Disabilities, Inc.; requiring that the department 31 make available on its website data of incidents of 32 manual physical restraint by a specified date; 33 requiring that each school district develop policies 34 and procedures addressing the allowable use of manual 35 physical restraint, personnel authorized to use such 36 restraint, training procedures, analysis of data 37 trends, and the reduction of the use of manual 38 physical restraint; requiring that any revisions to a 39 school district’s policies and procedures be filed 40 with the bureau chief of the Bureau of Exceptional 41 Education and Student Services by a specified date; 42 providing an effective date. 43 44 Be It Enacted by the Legislature of the State of Florida: 45 46 Section 1. Section 1003.573, Florida Statutes, is amended 47 to read: 48 1003.573 Use, prevention, and reduction of seclusion and 49 restraint on students with disabilities in public schoolsUse of50seclusion and restraint on students with disabilities.— 51 (1) DEFINITIONS.—As used in this section, the term: 52 (a) “Department” means the Department of Education. 53 (b) “Imminent risk of serious injury or death” means the 54 impending risk of a significant injury, such as a laceration, 55 bone fracture, substantial hematoma, or other injury to internal 56 organs, or death. 57 (c) “Manual physical restraint” means the use of physical 58 restraint techniques that involve physical force applied by a 59 teacher or other staff member to restrict the movement of all or 60 part of a student’s body. 61 (d) “Mechanical restraint” means the use of a physical 62 device that restricts a student’s movement or restricts the 63 normal function of a student’s body. The term includes the use 64 of straps, belts, tie-downs, calming blankets, and chairs with 65 straps; however, the term does not include the use of: 66 1. Medical protective equipment; 67 2. Physical equipment or orthopedic appliances, surgical 68 dressings or bandages, or supportive body bands or other 69 restraints necessary for ongoing medical treatment in the 70 educational setting; 71 3. Devices used to support functional body position or 72 proper balance, or to prevent a person from falling out of a bed 73 or a wheelchair, except when such device is used for any purpose 74 other than supporting a body position or proper balance, such as 75 coercion, discipline, convenience, or retaliation, to prevent 76 imminent risk of serious injury or death of the student or 77 others, or for any other behavior-management reason; or 78 4. Equipment used for safety during transportation, such as 79 seatbelts or wheelchair tie-downs. 80 (e) “Medical protective equipment” means health-related 81 protective devices prescribed by a physician or dentist for use 82 as student protection in response to an existing medical 83 condition. 84 (f) “Seclusion” means removing a student from an 85 educational environment, involuntarily confining the student in 86 a room or area, and preventing the student from leaving the room 87 or area if achieved by locking the door or otherwise physically 88 blocking the student’s way, threatening physical force or other 89 consequences, or using physical force. The term does not include 90 the use of time-out. 91 (g) “Student” means a student with a disability. 92 (h) “Time-out” means a procedure in which access to varied 93 sources of reinforcement is removed or reduced for a particular 94 time period contingent on a response. The opportunity to receive 95 reinforcement is contingently removed for a specified time. 96 Either a student is contingently removed from the reinforcing 97 environment or the reinforcing environment is contingently 98 removed for some stipulated duration. A time-out setting may not 99 be locked and the exit may not be blocked. Physical force or 100 threats may not be used to place a student in time-out. 101 (2) LEGISLATIVE FINDINGS AND INTENT.— 102 (a) The Legislature finds that public schools have a 103 responsibility to ensure that each student is treated with 104 respect and dignity in a trauma-informed environment that 105 provides for the physical safety and security of students and 106 others. 107 (b) The Legislature finds that students, educators, and 108 families are concerned about the use of seclusion and restraint, 109 particularly when used on students in special education 110 programs. Seclusion and restraint refer to safety procedures in 111 which a student is isolated from others or physically held in 112 response to serious problem behavior that places the student or 113 others at risk of injury or harm. There is concern that these 114 procedures are prone to misapplication and abuse and place a 115 student at an equal or greater risk than the risk of the 116 student’s problem behavior. Particular concerns include: 117 1. Seclusion or restraint is inappropriately selected and 118 implemented as treatment or behavioral intervention rather than 119 as a safety procedure; 120 2. Seclusion or restraint is inappropriately used for 121 behaviors, such as noncompliance, threats, or disruption, which 122 do not place the student or others at risk of injury or harm; 123 3. Students, peers, or staff may be injured or physically 124 harmed during attempts to conduct seclusion or restraint; 125 4. Risk of injury or harm is increased because seclusion or 126 restraint is implemented by staff who are not adequately 127 trained; 128 5. Use of seclusion or restraint may inadvertently result 129 in reinforcing or strengthening the problem behavior; and 130 6. Seclusion or restraint is implemented independent of 131 comprehensive, function-based behavioral intervention plans. 132 133 Moreover, there are concerns about the inadequate documentation 134 of seclusion or restraint procedures, the failure to notify 135 parents when seclusion or restraint is applied, and the failure 136 to use data to analyze and address the cause of the 137 precipitating behavior. 138 (c) The Legislature finds that the majority of problem 139 behaviors that are currently used to justify seclusion or 140 restraint could be prevented with early identification and 141 intensive early intervention. The need for seclusion or 142 restraint is, in part, a result of insufficient investment in 143 prevention efforts. The Legislature further finds that the use 144 of seclusion or restraint may produce trauma in students. For 145 such students, who are already experiencing trauma, the use may 146 cause retraumatization. Left unaddressed, the lasting effects of 147 childhood trauma place a heavy burden on individuals, families, 148 and communities. Research has shown that trauma significantly 149 increases the risk of mental health problems, difficulties with 150 social relationships and behavior, physical illness, and poor 151 school performance. 152 (d) The Legislature intends that students be free from the 153 abusive and unnecessary use of seclusion or restraint in the 154 public schools. The Legislature further intends to prevent, and 155 achieve an ongoing reduction of, the use of manual physical 156 restraint in the public schools and, specifically, to prohibit 157 the use of seclusion, prone and supine restraint, and mechanical 158 restraint on students. The Legislature also intends that manual 159 physical restraint be used only when an imminent risk of serious 160 injury or death exists; that manual physical restraint not be 161 employed as punishment, for the convenience of staff, or as a 162 substitute for a positive behavior-support plan; and that, when 163 used, persons applying manual physical restraint impose the 164 least possible restrictions and discontinue the restraint as 165 soon as the threat of imminent risk of serious injury or death 166 ceases. 167 (3) MANUAL PHYSICAL RESTRAINT.—Manual physical restraint 168 shall be used only in an emergency when there is an imminent 169 risk of serious injury or death to the student or others. 170 (a) Manual physical restraint shall be used only for the 171 period needed in order to eliminate the imminent risk of serious 172 injury or death to the student or others. 173 (b) The degree of force applied during manual physical 174 restraint must be only that degree of force necessary to protect 175 the student or others from bodily injury. 176 (c) Manual physical restraint shall be used only by school 177 personnel who are qualified and certified to use the district 178 approved methods for the appropriate application of specific 179 restraint techniques. School personnel who have received 180 training that is not associated with their employment with the 181 school district, such as a former law enforcement officer who is 182 now a teacher, shall be certified in the specific district 183 approved techniques and may not apply techniques or procedures 184 acquired elsewhere. 185 (d) School personnel may not manually physically restrain a 186 student except when an imminent risk of serious injury or death 187 to the student or others exists. 188 (e) School personnel may not use any of the following 189 manual physical restraint techniques on a student: 190 1. Prone and supine restraint. 191 2. Pain inducement to obtain compliance. 192 3. Bone locks. 193 4. Hyperextension of joints. 194 5. Peer restraint. 195 6. Mechanical restraint. 196 7. Pressure or weight on the chest, lungs, sternum, 197 diaphragm, back, or abdomen, causing chest compression. 198 8. Straddling or sitting on any part of the body or any 199 maneuver that places pressure, weight, or leverage on the neck 200 or throat, on any artery, or on the back of the student’s head 201 or neck or that otherwise obstructs or restricts the circulation 202 of blood or obstructs an airway. 203 9. Any type of choking, including hand chokes, and any type 204 of neck or head hold. 205 10. Any technique that involves pushing anything on or into 206 the student’s mouth, nose, eyes, or any part of the face or that 207 involves covering the face or body with anything, including soft 208 objects such as pillows or washcloths. 209 11. Any maneuver that involves punching, hitting, poking, 210 pinching, or shoving. 211 12. Any type of mat or blanket restraint. 212 13. Water or lemon sprays. 213 (f) The school shall ensure that a student is medically 214 evaluated by a physician, nurse, or other qualified medical 215 professional as soon as possible after the student has been 216 manually physically restrained by school personnel. 217 (4) SECLUSION; TIME-OUT.— 218 (a) School personnel may not place a student in seclusion. 219 (b) School personnel may place a student in time-out if the 220 following conditions are met: 221 1. The time-out is part of a positive behavioral 222 intervention plan developed for that student from a functional 223 behavioral assessment and referenced in the student’s individual 224 education plan. 225 2. There is documentation that the time-out was preceded by 226 the use of other positive behavioral supports that were not 227 effective. 228 3. The time-out takes place in a classroom or in another 229 environment where class educational activities are taking place. 230 4. The student is not physically prevented from leaving the 231 time-out area. 232 5. The student is observed on a constant basis by an adult 233 for the duration of the time-out. 234 6. The time-out area and process are free of any action 235 that is likely to embarrass or humiliate the student. 236 (c) Time-out may not be used for a period that exceeds 1 237 minute for each year of a student’s age and time-out must end 238 immediately when the student is calm enough to return to his or 239 her seat. 240 (d) Time-out may not be used as a punishment or negative 241 consequence of a student’s behavior. 242 (5) TRAINING AND CERTIFICATION.— 243 (a) Each school district shall report its training and 244 certification procedures to the department by publishing the 245 procedures in the district’s special policies and procedures 246 manual. 247 (b) Training for initial certification in the use of manual 248 physical restraint must include: 249 1. Procedures for deescalating problem behaviors before the 250 problems increase to a level or intensity necessitating physical 251 intervention. 252 2. Information regarding the risks associated with manual 253 physical restraint and procedures for assessing individual 254 situations and students in order to determine if the use of 255 manual physical restraint is appropriate and sufficiently safe. 256 3. The actual use of specific techniques that range from 257 the least to most restrictive, with ample opportunity for 258 trainees to demonstrate proficiency in the use of such 259 techniques. 260 4. Techniques for implementing manual physical restraint 261 with multiple staff members working as a team. 262 5. Techniques for assisting a student to reenter the 263 instructional environment and again engage in learning. 264 6. Instruction in the district’s documentation and 265 reporting requirements. 266 7. Procedures to identify and deal with possible medical 267 emergencies arising during the use of manual physical restraint. 268 8. Cardiopulmonary resuscitation. 269 (c) School districts shall provide refresher certification 270 training courses in manual physical restraint techniques at 271 least annually to all staff members who have successfully 272 completed the initial certification program. The district must 273 identify those persons to be certified and maintain a record 274 that includes the name and position of the person certified, the 275 date of the most recent certification, an indication of whether 276 it was an initial certification or a refresher certification, 277 and whether the individual successfully completed the 278 certification and achieved proficiency. 279 (d) School district policies regarding the use of manual 280 physical restraint must address whether it is appropriate for an 281 employee working in specific settings, such as a school bus 282 driver, school bus aide, job coach, employment specialist, or 283 cafeteria worker, to be certified in manual physical restraint 284 techniques. In the case of school resource officers or others 285 who may be employed by other agencies when working in a school, 286 administrators shall review each agency’s specific policies to 287 be aware of techniques that may be used. 288 (6) STUDENT-CENTERED FOLLOWUP.—If a student is manually 289 physically restrained more than twice during a school year, the 290 school shall review the student’s functional behavioral 291 assessment and positive behavioral intervention plan. 292 (7)(1)DOCUMENTATION AND REPORTING.— 293 (a) At the beginning of each school year, a school district 294 shall provide a copy of its policies on all emergency 295 procedures, including its policies on the use of manual physical 296 restraint, to each student’s parent or guardian. The student’s 297 parent or guardian must sign a form indicating that he or she 298 has read and received the district’s policies, which the 299 student’s school shall retain on file. 300 (b)(a)A school shall prepare an incident report within 24 301 hours after a student is released from a restraintor seclusion. 302 If the student’s release occurs on a day before the school 303 closes for the weekend, a holiday, or another reason, the 304 incident report must be completed by the end of the school day 305 on the day the school reopens. 306 (c)(b)The following must be included in the incident 307 report: 308 1. The name of the student restrainedor secluded. 309 2. The date and time of the event and the duration of the 310 restraintor seclusion. 311 3. The location at which the restraintor seclusion312 occurred. 313 4. The type of restraint used. 314 5. The name of the person using or assisting in the 315 restraintor seclusionof the student. 316 6. The name of any nonstudent who was present to witness 317 the restraintor seclusion. 318 7. A description of the incident, including: 319 a. The context in which the restraintor seclusion320 occurred. 321 b. The student’s behavior leading up to and precipitating 322 the decision to use manual physical restraintor seclusion, 323 including an indication as to why there was an imminent risk of 324 serious injury or death to the student or others. 325 c. The specific positive behavioral strategies used to 326 prevent and deescalate the behavior. 327 d. What occurred with the student immediately after the 328 termination of the restraintor seclusion. 329 e. Any injuries, visible marks, or possible medical 330 emergencies that may have occurred during the restraintor331seclusion, documented according to district policies. 332 f. The results of the medical evaluation and a copy of any 333 report by the medical professionals conducting the evaluation, 334 if available. If the medical report is not available within 24 335 hours, the district must submit the medical report separately as 336 soon as it is available. 337 g.f.Evidence of steps taken to notify the student’s parent 338 or guardian. 339 (d)(c)A school shall notify the parent or guardian of a 340 student each time manual physical restraintor seclusionis 341 used. Such notification must be in writing and provided before 342 the end of the school day on which the restraintor seclusion343 occurs. Reasonable efforts must also be taken to notify the 344 parent or guardian by telephone or computer e-mail, or both, and 345 these efforts must be documented. The school shall obtain, and 346 keep in its records, the parent’s or guardian’s signed 347 acknowledgment that he or she was notified of his or her child’s 348 restraintor seclusion. 349 (e)(d)A school shall also provide the parent or guardian 350 with the completed incident report in writing by mail within 3 351 school days after a student was manually physically restrained 352or secluded. The school shall obtain, and keep in its records, 353 the parent’s or guardian’s signed acknowledgment that he or she 354 received a copy of the incident report. 355 (8)(2)MONITORING.— 356 (a)Monitoring ofThe use of manual physical restraintor357seclusionon students shall be monitoredoccurat the classroom, 358 building, district, and state levels. 359 (b) AnyBeginning July 1, 2010,documentation prepared by a 360 school pursuant toas required insubsection (7)(1)shall be 361 provided to the school principal, the district director of 362 Exceptional Student Education, and the bureau chief of the 363 Bureau of Exceptional Education and Student Services 364electronicallyeach weekmonththat the school is in session. 365 (c) Each week that a school is in session, the school shall 366 send a redacted copy of any incident report and other 367 documentation prepared pursuant to subsection (7) to the 368 Advocacy Center for Persons with Disabilities, Inc. 369 (d)(c)The department shall maintain aggregate data of 370 incidents of manual physical restraintand seclusionand 371 disaggregate the data for analysis by county, school, student 372 exceptionality, and other variables. This information shall be 373 updated monthly and made available to the public through the 374 department’s website no later than January 31, 2012. 375 (9)(3)SCHOOL DISTRICT POLICIES AND PROCEDURES.— 376 (a) Each school district shall develop policies and 377 procedures that are consistent with this section and that govern 378 the following: 379 1. Allowable use of manual physical restraint on students. 380 2. Personnel authorized to use manual physical restraint. 381 3. Training procedures. 382 4.1.Incident-reporting procedures. 383 5.2.Data collection. 384 6.3.Monitoring and reporting of data collected. 385 7. Analysis of data to determine trends. 386 8. Ongoing reduction of the use of manual physical 387 restraint. 388 (b) Any revisions that a school district makes to itsto389suchpolicies and procedures, which aremust beprepared as part 390 of the school district’s special policies and procedures, must 391 be filed with the bureau chief of the Bureau of Exceptional 392 Education and Student Servicesno later than January 31, 2011. 393(4) PROHIBITED RESTRAINT.—School personnel may not use a394mechanical restraint or a manual physical restraint that395restricts a student’s breathing.396(5) SECLUSION.—School personnel may not close, lock, or397physically block a student in a room that is unlit and does not398meet the rules of the State Fire Marshal for seclusion time-out399rooms.400 Section 2. This act shall take effect July 1, 2011.