Bill Text: CA AB2657 | 2017-2018 | Regular Session | Amended
Bill Title: Pupil discipline: restraint and seclusion.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2018-09-30 - Chaptered by Secretary of State - Chapter 998, Statutes of 2018. [AB2657 Detail]
Download: California-2017-AB2657-Amended.html
Amended
IN
Senate
August 17, 2018 |
Amended
IN
Senate
July 05, 2018 |
Amended
IN
Senate
June 18, 2018 |
Amended
IN
Assembly
May 02, 2018 |
Assembly Bill | No. 2657 |
Introduced by Assembly Member Weber |
February 15, 2018 |
LEGISLATIVE COUNSEL'S DIGEST
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
Article 5.2 (commencing with Section 49005) is added to Chapter 6 of Part 27 of Division 4 of Title 2 of the Education Code, to read:Article 5.2. Restraint and Seclusion
49005.
The Legislature finds and declares all of the following:49005.49005.1.
The following definitions apply to this article:(d)
(e)
(f)“Prone restraint” means the application of a behavioral restraint on a pupil in a facedown position.
49005.2.
A pupil has the right to be free from the use of seclusion and behavioral restraints of any form imposed as a means of coercion, discipline, convenience, or retaliation by staff. This right includes, but is not limited to, the right to be free from the use of a drug administered to the pupil in order to control the pupil’s behavior or to restrict the pupil’s freedom of movement, if that drug is not a standard treatment for the pupil’s medical or psychiatric condition.49005.4.
An educational provider may use seclusion or a behavioral restraint only to control behavior that poses a clear and present danger of serious physical harm to the pupil or others that cannot be immediately prevented by a response that is less49005.6.
An educational provider shall avoid, whenever possible, the use of seclusion or behavioral restraint49005.8.
(a) An educational provider shall not do any of the following:(5)Use a behavioral restraint on a pupil who has a known medical or physical condition if there is reason to believe that the use of the behavioral restraint would endanger the pupil’s life or seriously exacerbate the pupil’s medical or physical condition and either of the following apply:
(A)The educational provider knows of the pupil’s medical or physical condition at the time that the behavioral restraint would be used by the educational provider.
(B)The educational provider is directed to use the behavioral restraint by another
educational provider who knows of the pupil’s medical or physical condition at the time that the behavioral restraint would be used.
(6)(A)Use prone restraint on a pupil at risk for positional asphyxiation as a result of having a risk factor, if either of the following apply:
(i)The educational provider knows that the pupil has a risk factor at the time that the prone restraint would be used by the educational provider.
(ii)The educational provider is directed to use the prone restraint by another educational provider who knows that the pupil has a risk factor at the time that the prone restraint would be used.
(B)For purposes of
this paragraph, a pupil has a risk factor if any of the following apply:
(i)The pupil is obese.
(ii)The pupil has a preexisting heart disease, which may include, but is not limited to, an enlarged heart or other cardiovascular disorders.
(iii)The pupil has a respiratory condition, which may include, but is not limited to, emphysema, bronchitis, or asthma.
(iv)The pupil is pregnant.
(v)The pupil has been exposed to pepper spray.
(vi)The pupil has cocaine, methamphetamine, or alcohol intoxication.
(C)If prone restraint techniques are used in an emergency situation, a staff member shall observe the pupil for any signs of physical distress throughout the use of prone restraint. Whenever possible, the staff member monitoring the pupil shall not be involved in restraining the pupil.
(7)
(8)
(a)Unless a meeting is required pursuant to subdivision (g) or (h) of Section 56521.1 with regard to an incident involving the use of seclusion or a behavioral restraint, a local educational agency, except for one that is a nonpublic agency, shall, as soon as possible, but no later than two schooldays after the use of seclusion or a behavioral restraint, contact the pupil’s parent or legal guardian, the staff members involved in the incident, and the local educational agency’s administrator and schedule a debriefing meeting, that shall
occur as soon as reasonably possible, to discuss how to avoid a similar incident in the future.
(b)If one or more employees of a nonpublic agency were involved in the use of seclusion or the behavioral restraint, the nonpublic agency shall participate in the debriefing meeting. The nonpublic agency may send to the debriefing meeting a supervisory employee in addition to, or instead of, the employee or employees who were involved in the use of seclusion or the behavioral restraint.
(c)The pupil shall be informed of the debriefing meeting at the time it is scheduled pursuant to subdivision (a), but the pupil’s participation in the debriefing meeting shall be voluntary.
(d)A classified employee, pursuant to Section 45103, or
a security employee, pursuant to Section 38000, who was involved in the use of seclusion or the behavioral restraint is encouraged to participate in the debriefing meeting. Participation pursuant to this subdivision shall be voluntary.
(e)The purposes of the debriefing meeting shall be to do all of the following:
(1)Assist the staff in understanding the events that precipitated the incident and develop alternative methods of helping the pupil avoid or cope with those events.
(2)Assist the pupil in identifying the events that precipitated the use of seclusion or the behavioral restraint and suggest methods to the pupil for more safely and constructively responding to those events.
(3)Assess whether the use of seclusion or the behavioral restraint was necessary and whether it was implemented in a manner consistent with staff training and provider policies.
(4)Help the educational providers involved in the pupil’s educational program devise positive behavioral support interventions to address the root cause of the use of seclusion or the behavioral restraint, and its consequences, and to modify the pupil’s education plan or program if necessary.
(f)The educational provider, in the debriefing meeting, shall provide the pupil, the pupil’s parent or legal guardian, and staff the opportunity to discuss the circumstances that resulted in the use of seclusion or the behavioral restraint, and strategies
to be used by the staff, pupil, or others that could prevent the future use of seclusion or a behavioral restraint.
(g)The local educational agency shall document in the pupil’s record that the debriefing meeting took place and any changes to the pupil’s education plan or program that resulted from the debriefing meeting.
49006.2.49006.
(a) A local educational agency that meets the definition of a “local educational agency” specified in Section 300.28 of Title 34 of the Code of Federal Regulations shall collect and, no later than three months after the end of a school year, report to the department annually on the use of behavioral restraints and seclusion for pupils enrolled in or served by the local educational agency for all or part of the prior school year.The
49006.2.
Notwithstanding Section 49006, the data collection and reporting requirements contained in this article shall be conducted in compliance with the requirements of the Civil Rights Data Collection of the United States Department of Education’s Office for Civil Rights imposed pursuant to Sections 100.6(b) and 104.61 of Title 34 of the Code of Federal Regulations, and shall not be construed to impose a new49006.4.
(a) This article applies with regard to all pupils, including individuals with exceptional needs. For an individual with exceptional needs, if a behavioral restraint or seclusion is used, the procedures for follow-up contained in subdivisions (e), (f), (g) and (h) of Section 56521.1 shall also apply.SEC. 2.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because this act implements a federal law or regulation and results in costs mandated by the federal government, within the meaning of Section 17556 of the Government Code.However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.