Bill Text: MI HB5412 | 2015-2016 | 98th Legislature | Engrossed
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-Engrossed.html
HB-5412, As Passed Senate, December 14, 2016
SUBSTITUTE FOR
HOUSE BILL NO. 5412
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 only if essential to
providing for the safety of the pupil or safety of another.
(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 call key
identified personnel for help from within the school building
either immediately at the onset of an emergency situation or, if it
is reasonable under the particular circumstances for school
personnel to believe that diverting their attention to calling for
help would increase the risk to the safety of the pupil or to the
safety of others, as soon as possible once the circumstances no
longer support such a belief.
(e) A requirement that the school district, intermediate
school district, or public school academy must ensure that
substitute teachers are informed of and understand the procedures
regarding use of emergency seclusion and emergency physical
restraint. This requirement may be satisfied using online training
and an online acknowledgment of understanding developed or approved
by the department and completed by the substitute teacher.
(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 to the point that the
emergency situation necessitating the use of emergency seclusion is
ended 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 to the point that the
emergency situation necessitating the use of emergency physical
restraint is ended 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 emergency seclusion or
emergency physical restraint for indications of physical distress
and seek medical assistance if there is a concern.
(iii) Document observations.
(iv) Ensure to the extent practicable, in light of the ongoing
emergency situation, that the emergency physical restraint does not
interfere with the pupil's ability to communicate using the pupil's
primary mode of communication.
(v) Ensure that at all times during the use of emergency
seclusion or emergency physical restraint there are school
personnel present who can communicate with the pupil using the
pupil's primary mode of communication.
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) House Bill No. 5410.
(b) House Bill No. 5417.
