Bill Text: DE SB242 | 2011-2012 | 146th General Assembly | Draft
Bill Title: An Act To Amend Title 14 Of The Delaware Code Relating To Use Of Seclusion And Restraint In Public Schools.
Spectrum: Moderate Partisan Bill (Democrat 9-2)
Status: (Enrolled - Dead) 2012-06-20 - Introduced and Assigned to Education Committee in House [SB242 Detail]
Download: Delaware-2011-SB242-Draft.html
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SPONSOR: |
Sen. Sokola & Rep. Schooley |
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Sens. Ennis, Hall-Long & Sorenson; Reps. Q. Johnson, Keeley, M. Smith, Jaques, Heffernan & Wilson |
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DELAWARE STATE SENATE 146th GENERAL ASSEMBLY |
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SENATE BILL NO. 242 |
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AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO USE OF SECLUSION AND RESTRAINT IN PUBLIC SCHOOLS. |
Section 1.Amend §701(b), Title 14 of the Delaware Code by making insertions as shown by underlining and deletions as shown by strike though as follows:
(b) While a student is entrusted in their care or supervision, public school teachers and administrators have the same authority to control the behavior of the student and to discipline or punish the student as a parent, custodian, guardian or other person similarly responsible for the care and supervision of the student except as provided in §702 and §4112E of this title.The authority includes removing a student from a classroom or school-sponsored activity.
Section 2.Amend Title 14 of the Delaware Code by making insertions as shown by underlining and deletions as shown by strike through as follows:
§4112E. Limitations on use of seclusion and restraint.
(a) Definitions.The following words, terms, and phrases when used in this section, shall have the meaning ascribed to them except where the context clearly indicates a different meaning:
(1) "Chemical restraint" means a drug or medication used on a student to control behavior or restrict freedom of movement that is either not medically prescribed for the standard treatment of a student's medical or psychiatric condition or not administered as prescribed.
(2) Mechanical restraint" means the application of any device or object that restricts a student's freedom of movement or normal access to a portion of the body that the student cannot easily remove."Mechanical restraint" does not include devices or objects used by trained school personnel, or used by a student, for the specific and approved therapeutic or safety purposes for which they were designed and, if applicable, prescribed, including the following:
a. restraints for medical immobilization;
b. adaptive devices or mechanical supports used to allow greater freedom of movement
or stability than would be possible without use of such devices or mechanical supports; or
c. vehicle safety restraints when used as intended during the transport of a student in a moving vehicle.
(3) "Physical restraint" means a restriction imposed by a person that immobilizes or reduces the ability of a student to freely move arms, legs, body, or head."Physical restraint" does not include physical contact that:
a. helps a student respond or complete a task;
b. is needed to administer an authorized health-related service or procedure; or
c. is needed to physically escort a student when the student does not resist or the student's resistance is minimal.
(4) "Public school personnel" means an employee or contractor of a public school district or charter school.
(5) "Seclusion" means the involuntary confinement of a student alone in a room, enclosure, or space that is either locked or, while unlocked, physically disallows egress.
(b) Prohibition and restriction on use.
(1) Public school personnel are prohibited from imposing on any student the following:
a. Chemical restraint;
b. Mechanical restraint; and
c. Subject to waiver authorized pursuant to subsection ( c)(1) of this section, seclusion.
(2) Public school personnel may impose physical restraint only in conformity with all of the following standards:
a. The student's behavior presents a significant and imminent risk of serious bodily injury to self or others;
b. The physical restraint does not interfere with the student's ability to communicate in the student's primary language or mode of communication;
c. The physical restraint does not interfere with the student's ability to breathe or place weight or pressure on the student's throat, neck, lungs, chest, sternum, diaphragm, or back;
d. The physical restraint does not exacerbate a known medical or physical condition of the student;
e. Less restrictive interventions have been ineffective in stopping the immediate danger of serious bodily injury to the student or others, except in case of a rare and clearly unavoidable emergency circumstance posing immediate danger of serious bodily injury;
f. For a student with a disability as defined in Chapter 31 of this title or 34 C.F.R. Part 104, the physical restraint does not contravene provisions in an individualized education program (IEP), behavior intervention plan, accommodation plan, or any other planning document for the individual student;
g. Personnel use only the amount of force necessary to protect the student or others from the threatened injury;
h. The physical restraint ends when a medical condition occurs putting the student at risk of harm or the student's behavior no longer presents an immediate danger of serious bodily injury to the student or others;
i. The physical restraint is within the scope of force authorized by §468 of Title 11; and
j.The physical restraint conforms to applicable regulations promulgated by the Department of Education.
(c) Department of Education Role; Regulations.
(1) The Department of Education shall promulgate regulations implementing this section.Such regulations shall include, but not be limited to, the following:
a. Requirement of uniform public school data collection on each use of physical restraint, by school, which includes demographic information on affected students such as age, gender, race, ethnicity, and disability category, if any;
b. Requirement of timely parental notice in event of use of physical restraint;
c. Special procedures and safeguards applicable to use of physical restraint for students with disabilities as defined in Chapter 31 of this title or 34 C.F.R. Part 104; and
d. Recommended or required training of public school personnel in implementing this section.
e. Unless proscribed by federal law, authorization and procedure for approval of a waiver of the prohibition on seclusion for an individual student based on compelling justification and subject to specific conditions and safeguards which must include a requirement of continuous visual staff monitoring.
(2) To facilitate data collection and analysis, the Department of Education may adopt a uniform reporting document and may require reporting of data in a standardized electronic or non-electronic format.
(3) The Department of Education shall issue an annual report on use of physical restraint which includes rates of usage by school and by subcategories identified in paragraph (1)(a), identifies trends, and analyzes significant results.
(d) Effect on other laws.The limitations and prohibitions described in this section are in addition to, and not in derogation of, any other constitutional, statutory, or regulatory rights otherwise conferred by federal or state law or regulation.
Section 2.If any provision of this Act, or the application thereof to any person, thing, or circumstance is held invalid, such invalidity shall not affect the provisions of this Act that can be given effect without the invalid provisions or application, and to this end the provisions of this Act are declared to be severable.
Section 3.This Act shall become effective on July 1, 2013 or one year after its enactment, whichever is later.
SYNOPSIS
Author: Senator Sokola |
