Bill Text: FL S0062 | 2019 | Regular Session | Comm Sub
Bill Title: Students with Disabilities in Public Schools
Spectrum: Bipartisan Bill
Status: (Failed) 2019-05-03 - Died in Appropriations Subcommittee on Education [S0062 Detail]
Download: Florida-2019-S0062-Comm_Sub.html
Florida Senate - 2019 CS for SB 62 By the Committee on Education; and Senator Book 581-02948-19 201962c1 1 A bill to be entitled 2 An act relating to students with disabilities in 3 public schools; providing a short title; amending s. 4 1003.573, F.S.; defining terms; providing requirements 5 for the use of physical restraint; prohibiting 6 specified physical restraint techniques; providing 7 requirements for the use of exclusionary and 8 nonexclusionary time; providing requirements for 9 school districts to report and publish training 10 procedures; providing for student-centered followup; 11 providing requirements for documenting, reporting, and 12 monitoring the use of restraint and exclusionary or 13 nonexclusionary time; revising school district 14 policies and procedures relating to restraint; 15 prohibiting the use of seclusion; amending s. 16 1012.582, F.S.; requiring continuing education and 17 inservice training for instructional personnel in 18 teaching students with emotional or behavioral 19 disabilities; conforming provisions to changes made by 20 the act; providing an effective date. 21 22 Be It Enacted by the Legislature of the State of Florida: 23 24 Section 1. This act may be cited as the “Dorothy L. Hukill 25 Student Safety Act.” 26 Section 2. Section 1003.573, Florida Statutes, is amended 27 to read: 28 1003.573 Seclusion andUse ofrestraint ofand seclusion on29 students with disabilities in public schools.— 30 (1) DEFINITIONS.—As used in this section, the term: 31 (a) “Exclusionary time” means the period during which a 32 student is removed from an event, activity, or instructional 33 environment to encourage reflection on his or her behavior and 34 allow space and time for understanding of choices and 35 consequences. 36 (b) “Imminent risk of serious injury or death” means the 37 impending risk of a significant injury, such as a laceration, 38 bone fracture, substantial hematoma, or injury to an internal 39 organ, or death. 40 (c) “Medical protective equipment” means health-related 41 protective devices prescribed by a physician or dentist for use 42 as student protection in response to an existing medical 43 condition. 44 (d) “Nonexclusionary time” means a period during which a 45 student remains at the event or in the instructional environment 46 but is redirected from the activities so that he or she has an 47 opportunity to reflect on his or her behavior and is given space 48 and time for understanding of choices and consequences. 49 (e) “Restraint” means the use of a mechanical or physical 50 restraint which may be used only when all other behavioral 51 strategies and intervention techniques have been exhausted. 52 1. “Mechanical restraint” means the use of a device that 53 restricts a student’s freedom of movement. The term includes, 54 but is not limited to, the use of straps, belts, tie-downs, and 55 chairs with straps; however, the term does not include the use 56 of any of the following: 57 a. Medical protective equipment. 58 b. Behavioral protective equipment, including helmets, 59 gloves, wraps, calming blankets, and other devices that are used 60 temporarily to prevent severe tissue damage caused by behavioral 61 excesses. 62 c. Physical equipment or orthopedic appliances, surgical 63 dressings or bandages, or supportive body bands or other 64 restraints necessary for ongoing medical treatment in the 65 educational setting. 66 d. Devices used to support functional body position or 67 proper balance; to prevent a person from falling out of a bed or 68 a wheelchair, except when such a device is used for a purpose 69 other than supporting a body position or proper balance, such as 70 coercion, discipline, convenience, or retaliation; to prevent 71 imminent risk of serious injury or death of the student or 72 others; or for any other behavior management reason. 73 e. Equipment used for safety during transportation, such as 74 seatbelts or wheelchair tie-downs. 75 2. “Physical restraint” means the use of manual restraint 76 techniques that involve significant physical force applied by a 77 teacher or other staff member to restrict the movement of all or 78 part of a student’s body. 79 (f) “Seclusion” means the removal of a student from an 80 educational environment, involuntarily confining the student in 81 a room or area, and preventing the student from leaving the area 82 by locking or artificially blocking the door. The term does not 83 include exclusionary time. 84 (g) “Student” means a student with a disability. 85 (2) PHYSICAL RESTRAINT.— 86 (a) Physical restraint may be used only when there is an 87 imminent risk of serious injury or death to the student or 88 others and only for the period of time necessary to eliminate 89 such risk. 90 (b) Notwithstanding the authority provided in s. 1003.32, 91 physical restraint may be used only to protect the safety of 92 students, school personnel, or others and may not be used for 93 student discipline, to correct student noncompliance, or for the 94 convenience of school district staff. Physical restraint may 95 only be used for the period needed to provide such protection. 96 (c) The degree of force applied during physical restraint 97 must be only that degree of force necessary to protect the 98 student or others from serious injury or death. 99 (d) School personnel who have received training that is not 100 associated with their employment with the school district, such 101 as a former law enforcement officer who is now a teacher, shall 102 receive training in the specific district-approved techniques 103 and may not apply techniques or procedures acquired elsewhere. 104 (e) School personnel may not use any of the following 105 physical restraint techniques on a student: 106 1. Pain inducement to obtain compliance. 107 2. Bone locks. 108 3. Hyperextension of joints. 109 4. Peer restraint. 110 5. Pressure or weight on the chest, lungs, sternum, 111 diaphragm, back, or abdomen causing chest compression. 112 6. Straddling or sitting on any part of the body or any 113 maneuver that places pressure, weight, or leverage on the neck 114 or throat, on an artery, or on the back of the head or neck or 115 that otherwise obstructs or restricts the circulation of blood 116 or obstructs an airway. 117 7. Any type of choking, including hand chokes, and any type 118 of neck or head hold. 119 8. A technique that involves spraying or pushing anything 120 on or into the mouth, nose, eyes, or any part of the face or 121 that involves covering the face or body with anything, including 122 soft objects such as pillows or washcloths. 123 9. Any maneuver that involves punching, hitting, poking, 124 pinching, or shoving. 125 10. Prone or supine restraint. 126 (3) EXCLUSIONARY AND NONEXCLUSIONARY TIME.— 127 (a) School personnel may place a student in exclusionary or 128 nonexclusionary time if all of the following conditions are met: 129 1. The exclusionary or nonexclusionary time is part of a 130 positive behavioral intervention plan developed for the student. 131 2. There is documentation that the exclusionary or 132 nonexclusionary time was preceded by the use of other positive 133 behavioral supports that were not effective. 134 3. The exclusionary or nonexclusionary time takes place in 135 a classroom or in another environment where class educational 136 activities are taking place. 137 4. The student is not physically prevented from leaving the 138 exclusionary or nonexclusionary time area. 139 5. The student is observed on a constant basis by an adult 140 for the duration of the exclusionary or nonexclusionary time. 141 6. The exclusionary or nonexclusionary time area and 142 process are free of any action that is likely to embarrass or 143 humiliate the student. 144 (b) Exclusionary or nonexclusionary time may be used for a 145 period of up to 1 minute for each year of a student’s age or 146 until the student is calm enough to return to his or her seat, 147 whichever is shorter. 148 (c) Exclusionary or nonexclusionary time may not be used as 149 a punishment for or negative consequence of a student’s 150 behavior. 151 (4) TRAINING.— 152 (a) Each school district shall report its procedures for 153 training in the use of restraint to the department by publishing 154 the procedures in the district’s special policies and procedures 155 manual. 156 (b) Training in the use of restraint must include all of 157 the following: 158 1. Procedures for deescalating a problem behavior before 159 the problem behavior increases to a level or intensity 160 necessitating physical intervention. 161 2. Information regarding the risks associated with 162 restraint and procedures for assessing individual situations and 163 students in order to determine whether the use of restraint is 164 appropriate and sufficiently safe. 165 3. The actual use of specific techniques that range from 166 the least to most restrictive, with ample opportunity for 167 trainees to demonstrate proficiency in the use of such 168 techniques. 169 4. Techniques for implementing restraint with multiple 170 staff members working as a team. 171 5. Techniques for assisting a student in reentering the 172 instructional environment and reengaging in learning. 173 6. Instruction in the district’s documentation and 174 reporting requirements. 175 7. Procedures for identifying and dealing with possible 176 medical emergencies arising during the use of restraint. 177 8. Cardiopulmonary resuscitation. 178 (5) STUDENT-CENTERED FOLLOWUP.—If a student is restrained 179 more than twice during a semester, the school must conduct a 180 review of each of the following: 181 (a) The incidents in which restraint was used and an 182 analysis of how future incidents may be avoided. 183 (b) The student’s functional behavioral assessment and 184 positive behavioral intervention plan by the school personnel 185 and parent within 2 weeks before the end of the semester. 186 (c) The training provided to school personnel concerning 187 the use of restraint. 188 (6)(1)DOCUMENTATION AND REPORTING.— 189 (a) At the beginning of each school year, a school district 190 shall publicly post its policies on all emergency procedures, 191 including its policies on the use of restraint. 192 (b)(a)A school shall prepare an incident report within 24 193 hours after a student is released from restraint or exclusionary 194 or nonexclusionary timeseclusion. If the student’s release 195 occurs on a day before the school closes for the weekend, a 196 holiday, or another reason, the incident report must be 197 completed by the end of the school day on the day the school 198 reopens. 199 (c)(b)The following must be included in the incident 200 report: 201 1. The name of the student restrained or placed in 202 exclusionary or nonexclusionary timesecluded. 203 2. The age, grade, ethnicity, and disability of the student 204 restrained or placed in exclusionary or nonexclusionary time 205secluded. 206 3. The date and time of the event and the duration of the 207 restraint or exclusionary or nonexclusionary timeseclusion. 208 4. The location at which the restraint or exclusionary or 209 nonexclusionary timeseclusionoccurred. 210 5. If a restraint is used, a description of the type of 211 restraint used in terms established by the departmentof212Education. 213 6. The name of the person using or assisting in the 214 restraint of or imposition of exclusionary or nonexclusionary 215 time onseclusion ofthe student and the date the person was 216 last trained in the use of restraint on students. 217 7. The name of any nonstudent who was present to witness 218 the restraint or exclusionary or nonexclusionary timeseclusion. 219 8. A description of the incident, including all of the 220 following: 221 a. The context in which the restraint or exclusionary or 222 nonexclusionary timeseclusionoccurred. 223 b. The student’s behavior leading up to and precipitating 224 the decision to usemanual or physicalrestraint or exclusionary 225 or nonexclusionary timeseclusion, including an indication as to 226 why there was an imminent risk of serious injury or death to the 227 student or others if a student was subject to restraint. 228 c. The specific positive behavioral strategies used to 229 prevent and deescalate the behavior. 230 d. What occurred with the student immediately after the 231 termination of the restraint or exclusionary or nonexclusionary 232 timeseclusion. 233 e. Any injuries, visible marks, or possible medical 234 emergencies that may have occurred during the restraint or 235 exclusionary or nonexclusionary timeseclusion, documented 236 according to district policies. 237 f. Evidence of steps taken to notify the student’s parent 238 or guardian. 239 (d)(c)A school shall notify the parent or guardian of a 240 student each timemanual or physicalrestraint or exclusionary 241 or nonexclusionary timeseclusionis used. Such notification 242 must be in writing and provided before the end of the school day 243 on which the restraint or exclusionary or nonexclusionary time 244seclusionoccurs. Reasonable efforts must also be taken to 245 notify the parent or guardian by telephone orcomputere-mail, 246 or both, and these efforts must be documented. The school shall 247 obtain, and keep in its records, the parent’s or guardian’s 248 signed acknowledgment that he or she was notified of his or her 249 child’s restraint or exclusionary or nonexclusionary time 250seclusion. 251 (e)(d)A school shall also provide the parent or guardian 252 with the completed incident report in writing by mail within 3 253 school days after a student wasmanually or physically254 restrained or placed in exclusionary or nonexclusionary time 255secluded. The school shall obtain, and keep in its records, the 256 parent’s or guardian’s signed acknowledgment that he or she 257 received a copy of the incident report. 258 (7)(2)MONITORING.— 259 (a)Monitoring ofThe use ofmanual or physicalrestraint 260 or exclusionary or nonexclusionary timeseclusionon students 261 must be monitoredshalloccurat the classroom, building, 262 district, and state levels. 263 (b) Any documentation prepared by a school pursuant toas264required insubsection (6)(1)shall be provided to the school 265 principal, the district director of Exceptional Student 266 Education, and the bureau chief of the Bureau of Exceptional 267 Education and Student Services electronically each month that 268 the school is in session. Redacted copies of such documentation 269 must be updated monthly and made available to the public through 270 the department’s website no later than October 1, 2019. 271 (c) The department shall maintain aggregate data of 272 incidents ofmanual or physicalrestraint or exclusionary or 273 nonexclusionary timeandseclusionand disaggregate the data for 274 analysis by county, school, student exceptionality, and other 275 variables, including the type and method of restraint or 276 exclusionary or nonexclusionary timeseclusionused. This 277 information mustshallbe updated monthly and made available to 278 the public through the department’s website beginning no later 279 than October 1, 2019. 280 (d) The department shall establish and provide to school 281 districts standards for documenting, reporting, and monitoring 282 the use ofmanual or physicalrestraintormechanical restraint, 283 and occurrences of exclusionary or nonexclusionary time 284seclusion.These standards shall be provided to school districts285by October 1, 2011.286 (8)(3)SCHOOL DISTRICT POLICIES AND PROCEDURES REGARDING 287 RESTRAINT.— 288 (a) School districts shall develop policies and procedures 289 that provide for the physical safety and security of all 290 students and school personnel and treat all students with 291 respect and dignity in an environment that promotes a positive 292 school culture and climate. SuchEach school district shall293developpolicies and procedures must bethat areconsistent with 294 this section and mustthatgovern the following: 295 1. A description of escalating behavioral strategies that 296 may be used. 297 2. Allowable use of restraint on students. 298 3. Training procedures. 299 4.1.Incident-reporting procedures. 300 5.2.Data collection and monitoring, including when, where, 301 and why students are restrained andor secluded;the frequency 302 of occurrences of such restraintor seclusion; and the prone or303mechanical restraint that is most used. 304 6.3.Monitoring and reporting of data collected. 305 7.4.Training programs and procedures relating tomanual or306physicalrestraintand seclusion. 307 8.5.The district’s plan for selecting personnel to be 308 trained and the timeframe for completing such training pursuant 309 to subsection (4). 310 9.6.The district’s plan for reducing the use of restraint, 311and seclusionparticularly in settings in which it occurs 312 frequently or with students who are restrained repeatedly, and313for reducing the use of prone restraint and mechanical314restraint. The plan must include a goal for reducing the use of 315 restraintand seclusionand must include activities, skills, and 316 resources needed to achieve that goal. Activities may include, 317 but are not limited to, all of the following: 318 a. Additional training in positive behavioral support and 319 crisis management.;320 b. Parental involvement.;321 c. Data review.;322 d. Updates of students’ functional behavioral analysis and 323 positive behavior intervention plans.;324 e. Additional student evaluations.;325 f. Debriefing with staff.;326 g. Use of schoolwide positive behavior support.; and327 h. Changes to the school environment. 328 10. Analysis of data to determine trends. 329 11. Ongoing reduction of the use of restraint. 330 (b) Any revisions a school district makes to itsto the331district’spolicies and procedures, which must be prepared as 332 part of the school district’sitsspecial policies and 333 procedures, must be filed with the bureau chief of the Bureau of 334 Exceptional Education and Student Servicesno later than January33531, 2012. 336 (9)(4)PROHIBITED RESTRAINT.—School personnel may not use a 337 mechanical restraint or amanual or physicalrestraint that 338 restricts a student’s breathing. 339 (10)(5)SECLUSION.—School personnel may not place a student 340 in seclusionclose, lock, or physically block a student in a341room that is unlit and does not meet the rules of the State Fire342Marshal for seclusion time-out rooms. 343 Section 3. Section 1012.582, Florida Statutes, is amended 344 to read: 345 1012.582 Continuing education and inservice training for 346 teaching students with developmental and emotional or behavioral 347 disabilities.— 348 (1) The Commissioner of Education shall develop 349 recommendations to incorporate instruction regarding autism 350 spectrum disorder, Down syndrome,andother developmental 351 disabilities, and emotional or behavioral disabilities into 352 continuing education or inservice training requirements for 353 instructional personnel. These recommendations mustshall354 address: 355 (a) Early identification of, and intervention for, students 356 who have autism spectrum disorder, Down syndrome,orother 357 developmental disabilities, or emotional or behavioral 358 disabilities. 359 (b) Curriculum planning and curricular and instructional 360 modifications, adaptations, and specialized strategies and 361 techniques. 362 (c) The use of available state and local resources. 363 (d) The use of positive behavioral supports to deescalate 364 problem behaviors. 365 (e) Appropriate use ofmanualphysical restraint and 366 effective classroom behavior management strategies, including, 367 but not limited to, differential reinforcement, precision 368 commands, minimizing attention or access to other reinforcers, 369 and exclusionary and nonexclusionary time methodsseclusion370techniques. 371 (2) In developing the recommendations, the commissioner 372 shall consult with the State Surgeon General, the Director of 373 the Agency for Persons with Disabilities, representatives from 374 the education community in the state, and representatives from 375 entities that promote awareness about autism spectrum disorder, 376 Down syndrome,andother developmental disabilities, and 377 emotional or behavioral disabilities and provide programs and 378 services to persons withdevelopmentaldisabilities, including, 379 but not limited to, regional autism centers pursuant to s. 380 1004.55. 381 (3) Beginning with the 2010-2011 school year, the 382 Department of Education shall incorporate the course curricula 383 recommended by the Commissioner of Education, pursuant to 384 subsection (1), into existing requirements for the continuing 385 education or inservice training of instructional personnel. The 386 requirements of this section may not add to the total hours 387 required for continuing education or inservice training as 388 currently established by the department. 389 (4) The State Board of Education may adopt rules pursuant 390 to ss. 120.536(1) and 120.54 to implement this section. 391 Section 4. This act shall take effect July 1, 2019.