Bill Text: MI HB5412 | 2015-2016 | 98th Legislature | Introduced
Bill Title: Education; discipline; restrictions on use of seclusion and restraint; require to be included in state policy on schoolwide positive intervention and support plans. Amends 1976 PA 451 (MCL 380.1 - 380.1852) by adding sec. 1307c.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2016-12-31 - Assigned Pa 397'16 [HB5412 Detail]
Download: Michigan-2015-HB5412-Introduced.html
HOUSE BILL No. 5412
March 2, 2016, Introduced by Rep. Price and referred to the Committee on Education.
A bill to amend 1976 PA 451, entitled
"The revised school code,"
(MCL 380.1 to 380.1852) by adding section 1307c.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1307c. The state policy under section 1307a shall include
at least all of the following provisions concerning use of
emergency seclusion and emergency physical restraint:
(a) Emergency seclusion and emergency physical restraint may
be used only under emergency situations and if essential.
(b) Emergency seclusion and emergency physical restraint may
not be used in place of appropriate less restrictive interventions.
(c) Emergency seclusion and emergency physical restraint shall
be performed in a manner that, based on research and evidence, is
safe, appropriate, and proportionate to and sensitive to the
pupil's severity of behavior, chronological and developmental age,
physical size, gender, physical condition, medical condition,
psychiatric condition, and personal history, including any history
of physical or sexual abuse or other trauma.
(d) A requirement that school personnel shall immediately call
key identified personnel for help from within the school building
at the onset of an emergency situation.
(e) A requirement that the school district, intermediate
school district, or public school academy must ensure that
substitute teachers are informed of all local emergency procedures,
including the procedures regarding use of emergency seclusion and
emergency physical restraint.
(f) Emergency seclusion should not be used any longer than
necessary, based on research and evidence, to allow a pupil to
regain control of his or her behavior and generally no longer than
15 minutes for an elementary school pupil or 20 minutes for a
middle school or high school pupil. If an emergency seclusion lasts
longer than 15 minutes for an elementary school pupil or 20 minutes
for a middle school or high school pupil, all of the following are
required:
(i) Additional support, which may include a change of staff, or
introducing a nurse, specialist, or additional key identified
personnel.
(ii) Documentation to explain the extension beyond the time
limit.
(g) Emergency physical restraint should not be used any longer
than necessary, based on research and evidence, to allow a pupil to
regain control of his or her behavior and generally no longer than
10 minutes. If an emergency physical restraint lasts longer than 10
minutes, all of the following are required:
(i) Additional support, which may include a change of staff, or
introducing a nurse, specialist, or additional key identified
personnel.
(ii) Documentation to explain the extension beyond the time
limit.
(h) While using emergency seclusion or emergency physical
restraint, school personnel must do all of the following:
(i) Involve key identified personnel to protect the care,
welfare, dignity, and safety of the pupil.
(ii) Continually observe the pupil in seclusion or restraint
for indications of physical distress and seek medical assistance if
there is a concern.
(iii) Document observations.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
Enacting section 2. This amendatory act does not take effect
unless all of the following bills of the 98th Legislature are
enacted into law:
(a) Senate Bill No.____ or House Bill No. 5410 (request no.
04860'15).
(b) Senate Bill No.____ or House Bill No. 5417 (request no.
04867'15).
