Bill Text: MI HB5417 | 2015-2016 | 98th Legislature | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Education; discipline; definitions for state policy on schoolwide positive behavioral intervention and support plans; provide for. Amends 1976 PA 451 (MCL 380.1 - 380.1852) by adding sec. 1307h.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2016-12-31 - Assigned Pa 402'16 [HB5417 Detail]

Download: Michigan-2015-HB5417-Engrossed.html

HB-5417, As Passed House, December 7, 2016

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

HOUSE BILL NO. 5417

 

 

 

 

 

 

 

 

 

 

 

     A bill to amend 1976 PA 451, entitled

 

"The revised school code,"

 

(MCL 380.1 to 380.1852) by adding section 1307h.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 1307h. As used in sections 1307 to 1307h:

 

     (a) "Chemical restraint" means the administration of

 

medication for the purpose of restraint.

 

     (b) "De-escalation techniques" means evidence- and research-

 

based strategically employed verbal or nonverbal interventions used

 

to reduce the intensity of threatening behavior before, during, and

 

after a crisis situation occurs.

 

     (c) "Documentation" means documentation developed by the

 

department that is uniform across the state.

 

     (d) "Emergency physical restraint" means a last resort

 

emergency safety intervention involving physical restraint that is

 


necessitated by an ongoing emergency situation and that provides an

 

opportunity for the pupil to regain self-control while maintaining

 

the safety of the pupil and others. Emergency physical restraint

 

does not include physical restraint that is used for the

 

convenience of school personnel, as a substitute for an educational

 

program, as a form of discipline or punishment, as a substitute for

 

less restrictive alternatives, as a substitute for adequate

 

staffing, or as a substitute for school personnel training in

 

positive behavioral intervention and support. Emergency physical

 

restraint does not include a practice prohibited under section

 

1307b. Emergency physical restraint does not include physical

 

restraint when contraindicated based on a pupil's disability,

 

health care needs, or medical or psychiatric condition, as

 

documented in a record or records made available to the school.

 

     (e) "Emergency seclusion" means a last resort emergency safety

 

intervention involving seclusion that is necessitated by an ongoing

 

emergency situation and that provides an opportunity for the pupil

 

to regain self-control while maintaining the safety of the pupil

 

and others. To qualify as emergency seclusion, there must be

 

continuous observation by school personnel of the pupil in

 

seclusion, and the room or area used for confinement must comply

 

with state and local fire and building codes; must not be locked;

 

must not prevent the pupil from exiting the area if school

 

personnel become incapacitated or leave that area; and must provide

 

for adequate space, lighting, ventilation, viewing, and the safety

 

and dignity of the pupil and others, in accordance with department

 

guidelines. Emergency seclusion does not include the confinement of


preschool children or of pupils who are severely self-injurious or

 

suicidal; seclusion that is used for the convenience of school

 

personnel, as a substitute for an educational program, as a form of

 

discipline or punishment, as a substitute for less restrictive

 

alternatives, as a substitute for adequate staffing, or as a

 

substitute for school personnel training in positive behavioral

 

intervention and support; or a practice prohibited under section

 

1307b. Emergency seclusion does not include seclusion when

 

contraindicated based on a pupil's disability, health care needs,

 

or medical or psychiatric condition, as documented in a record or

 

records made available to the school.

 

     (f) "Emergency situation" means a situation in which a pupil's

 

behavior poses imminent risk to the safety of the individual pupil

 

or to the safety of others. An emergency situation requires an

 

immediate intervention.

 

     (g) "Functional behavioral assessment" means an evidence- and

 

research-based systematic process for identifying the events that

 

trigger and maintain problem behavior in an educational setting. A

 

functional behavioral assessment shall describe specific

 

problematic behaviors, report the frequency of the behaviors,

 

assess environmental and other setting conditions where problematic

 

behaviors occur, and identify the factors that are maintaining the

 

behaviors over time.

 

     (h) "Key identified personnel" means those individuals who

 

have received the mandatory training described in section

 

1307g(b)(i) to (xvi).

 

     (i) "Mechanical restraint" means the use of any device,


article, garment, or material attached to or adjacent to a pupil's

 

body to perform restraint.

 

     (j) "Physical restraint" means restraint involving direct

 

physical contact.

 

     (k) "Positive behavioral intervention and support" means a

 

framework to assist school personnel in adopting and organizing

 

evidence-based behavioral interventions into an integrated

 

continuum of intensifying supports based on pupil need that unites

 

examination of the function of the problem behavior and the

 

teaching of alternative skill repertoires to enhance academic and

 

social behavior outcomes for all pupils.

 

     (l) "Positive behavioral intervention and support plan" means

 

a pupil-specific support plan composed of individualized,

 

functional behavioral assessment-based intervention strategies,

 

including, as appropriate to the pupil, guidance or instruction for

 

the pupil to use new skills as a replacement for problem behaviors,

 

some rearrangement of the antecedent environment so that problems

 

can be prevented and desirable behaviors can be encouraged, and

 

procedures for monitoring, evaluating, and modifying the plan as

 

necessary.

 

     (m) "Prone restraint" means the restraint of an individual

 

facedown.

 

     (n) "Regularly and continuously work under contract" means

 

that term as defined in section 1230.

 

     (o) "Restraint" means an action that prevents or significantly

 

restricts a pupil's movement. Restraint does not include the brief

 

holding of a pupil in order to calm or comfort, the minimum contact


necessary to physically escort a pupil from 1 area to another, the

 

minimum contact necessary to assist a pupil in completing a task or

 

response if the pupil does not resist or resistance is minimal in

 

intensity or duration, or the holding of a pupil for a brief time

 

in order to prevent an impulsive behavior that threatens the

 

pupil's immediate safety, such as running in front of a car.

 

Restraint does not include the administration of medication

 

prescribed by and administered in accordance with the directions of

 

a physician, an adaptive or protective device recommended by a

 

physician or therapist when it is used as recommended, or safety

 

equipment used by the general pupil population as intended, such as

 

a seat belt or safety harness on school transportation. Restraint

 

does not include necessary actions taken to break up a fight, to

 

stop a physical assault, as defined in section 1310, or to take a

 

weapon from a pupil. Restraint does not include actions that are an

 

integral part of a sporting event, such as a referee pulling

 

football players off of a pile or a similar action.

 

     (p) "Restraint that negatively impacts breathing" means any

 

restraint that inhibits breathing, including floor restraints,

 

facedown position, or any position in which an individual is bent

 

over in such a way that it is difficult to breathe. This includes a

 

seated or kneeling position in which an individual being restrained

 

is bent over at the waist and restraint that involves sitting or

 

lying across an individual's back or stomach.

 

     (q) "School personnel" includes all individuals employed in a

 

public school or assigned to regularly and continuously work under

 

contract or under agreement in a public school, or public school


personnel providing service at a nonpublic school.

 

     (r) "Seclusion" means the confinement of a pupil in a room or

 

other space from which the pupil is physically prevented from

 

leaving. Seclusion does not include the general confinement of

 

pupils if that confinement is an integral part of an emergency

 

lockdown drill required under section 19(5) of the fire prevention

 

code, 1941 PA 207, MCL 29.19, or of another emergency security

 

procedure that is necessary to protect the safety of pupils.

 

     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 House Bill No. 5410 of the 98th Legislature is enacted into

 

law.

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