Bill Text: FL S0260 | 2018 | Regular Session | Comm Sub
Bill Title: Students with Disabilities in Public Schools
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2018-03-07 - Laid on Table, refer to CS/HB 63 [S0260 Detail]
Download: Florida-2018-S0260-Comm_Sub.html
Florida Senate - 2018 CS for SB 260 By the Committee on Education; and Senators Book, Flores, and Hukill 581-02903-18 2018260c1 1 A bill to be entitled 2 An act relating to students with disabilities in 3 public schools; amending s. 1003.573, F.S., relating 4 to the seclusion and restraint of students with 5 disabilities; defining terms; providing requirements 6 for the use of restraint; prohibiting specified 7 physical restraint techniques; providing requirements 8 for the use of exclusionary and nonexclusionary time; 9 providing requirements for school districts to report 10 and publish training procedures; providing for 11 student-centered followup; providing requirements for 12 documenting, reporting, and monitoring the use of 13 restraint and exclusionary or nonexclusionary time; 14 revising school district policies and procedures 15 relating to restraint; amending s. 1012.582, F.S.; 16 requiring continuing education and inservice training 17 for teaching students with emotional or behavioral 18 disabilities; conforming provisions to changes made by 19 the act; providing an effective date. 20 21 Be It Enacted by the Legislature of the State of Florida: 22 23 Section 1. Section 1003.573, Florida Statutes, is amended 24 to read: 25 1003.573 Seclusion andUse ofrestraint ofand seclusion on26 students with disabilities in public schools.— 27 (1) DEFINITIONS.—As used in this section, the term: 28 (a) “Department” means the Department of Education. 29 (b) “Exclusionary time” means the period during which a 30 student is removed from an event, activity, or instructional 31 environment to encourage reflection on behavior and allow space 32 and time for understanding of choices and consequences. 33 (c) “Imminent risk of serious injury or death” means the 34 impending risk of a significant injury, such as a laceration, 35 bone fracture, substantial hematoma, or injury to an internal 36 organ, or death. 37 (d) “Medical protective equipment” means health-related 38 protective devices prescribed by a physician or dentist for use 39 as student protection in response to an existing medical 40 condition. 41 (e) “Nonexclusionary time” means a period during which a 42 student remains in the event or instructional environment but is 43 redirected from the activities so that he or she has an 44 opportunity to reflect on the behavior and is given space and 45 time for understanding of choices and consequences. 46 (f) “Restraint” means the use of a mechanical or physical 47 restraint which may be used only when all other behavioral 48 strategies and intervention techniques have been exhausted. 49 1. “Mechanical restraint” means the use of a device that 50 restricts a student’s freedom of movement. The term includes, 51 but is not limited to, the use of straps, belts, tie-downs, and 52 chairs with straps; however, the term does not include the use 53 of any of the following: 54 a. Medical protective equipment. 55 b. Behavioral protective equipment, including helmets, 56 gloves, wraps, calming blankets, and other devices that are used 57 temporarily to prevent severe tissue damage caused by behavioral 58 excesses. 59 c. Physical equipment or orthopedic appliances, surgical 60 dressings or bandages, or supportive body bands or other 61 restraints necessary for ongoing medical treatment in the 62 educational setting. 63 d. Devices used to support functional body position or 64 proper balance, or to prevent a person from falling out of a bed 65 or a wheelchair, except when such a device is used for a purpose 66 other than supporting a body position or proper balance, such as 67 coercion, discipline, convenience, or retaliation, to prevent 68 imminent risk of serious injury or death of the student or 69 others, or for any other behavior management reason. 70 e. Equipment used for safety during transportation, such as 71 seatbelts or wheelchair tie-downs. 72 2. “Physical restraint” means the use of manual restraint 73 techniques that involve significant physical force applied by a 74 teacher or other staff member to restrict the movement of all or 75 part of a student’s body. 76 (g) “Seclusion” means the removal of a student from an 77 educational environment, involuntarily confining the student in 78 a room or area, and preventing the student from leaving the area 79 by locking or artificially blocking the door. The term does not 80 include exclusionary time. 81 (h) “Student” means a student with a disability. 82 (2) PHYSICAL RESTRAINT.— 83 (a) Physical restraint may be used only when there is an 84 imminent risk of serious injury or death to the student or 85 others and only for the period of time necessary to eliminate 86 such risk. 87 (b) Notwithstanding the authority provided in s. 1003.32, 88 physical restraint shall be used only to protect the safety of 89 students, school personnel, or others and may not be used for 90 student discipline, to correct student noncompliance, or for the 91 convenience of school district staff. Physical restraint shall 92 be used only for the period needed to provide such protection. 93 (c) The degree of force applied during physical restraint 94 must be only that degree of force necessary to protect the 95 student or others from serious injury or death. 96 (d) School personnel who have received training that is not 97 associated with their employment with the school district, such 98 as a former law enforcement officer who is now a teacher, shall 99 receive training in the specific district-approved techniques 100 and may not apply techniques or procedures acquired elsewhere. 101 (e) School personnel may not use any of the following 102 physical restraint techniques on a student: 103 1. Pain inducement to obtain compliance. 104 2. Bone locks. 105 3. Hyperextension of joints. 106 4. Peer restraint. 107 5. Pressure or weight on the chest, lungs, sternum, 108 diaphragm, back, or abdomen causing chest compression. 109 6. Straddling or sitting on any part of the body or any 110 maneuver that places pressure, weight, or leverage on the neck 111 or throat, on an artery, or on the back of the head or neck or 112 that otherwise obstructs or restricts the circulation of blood 113 or obstructs an airway. 114 7. Any type of choking, including hand chokes, and any type 115 of neck or head hold. 116 8. A technique that involves spraying or pushing anything 117 on or into the mouth, nose, eyes, or any part of the face or 118 that involves covering the face or body with anything, including 119 soft objects such as pillows or washcloths. 120 9. Any maneuver that involves punching, hitting, poking, 121 pinching, or shoving. 122 10. Prone or supine restraint. 123 (3) EXCLUSIONARY AND NONEXCLUSIONARY TIME.— 124 (a) School personnel may place a student in exclusionary or 125 nonexclusionary time if all of the following conditions are met: 126 1. The exclusionary or nonexclusionary time is part of a 127 positive behavioral intervention plan developed for the student. 128 2. There is documentation that the exclusionary or 129 nonexclusionary time was preceded by the use of other positive 130 behavioral supports that were not effective. 131 3. The exclusionary or nonexclusionary time takes place in 132 a classroom or in another environment where class educational 133 activities are taking place. 134 4. The student is not physically prevented from leaving the 135 exclusionary or nonexclusionary time area. 136 5. The student is observed on a constant basis by an adult 137 for the duration of the exclusionary or nonexclusionary time. 138 6. The exclusionary or nonexclusionary time area and 139 process are free of any action that is likely to embarrass or 140 humiliate the student. 141 (b) Exclusionary or nonexclusionary time may not be used 142 for a period that exceeds 1 minute for each year of a student’s 143 age or until the student is calm enough to return to his or her 144 seat. 145 (c) Exclusionary or nonexclusionary time may not be used as 146 a punishment or negative consequence of a student’s behavior. 147 (4) TRAINING.— 148 (a) Each school district shall report its procedures for 149 training in the use of restraint to the department by publishing 150 the procedures in the district’s special policies and procedures 151 manual. 152 (b) Training in the use of restraint must include all of 153 the following: 154 1. Procedures for deescalating a problem behavior before 155 the problem behavior increases to a level or intensity 156 necessitating physical intervention. 157 2. Information regarding the risks associated with 158 restraint and procedures for assessing individual situations and 159 students in order to determine whether the use of restraint is 160 appropriate and sufficiently safe. 161 3. The actual use of specific techniques that range from 162 the least to most restrictive, with ample opportunity for 163 trainees to demonstrate proficiency in the use of such 164 techniques. 165 4. Techniques for implementing restraint with multiple 166 staff members working as a team. 167 5. Techniques for assisting a student in reentering the 168 instructional environment and reengaging in learning. 169 6. Instruction in the district’s documentation and 170 reporting requirements. 171 7. Procedures to identify and deal with possible medical 172 emergencies arising during the use of restraint. 173 8. Cardiopulmonary resuscitation. 174 (5) STUDENT-CENTERED FOLLOWUP.—If a student is restrained 175 more than twice during a semester, the school shall conduct a 176 review of: 177 (a) The incidents in which restraint was used and an 178 analysis of how future incidents may be avoided; 179 (b) The student’s functional behavioral assessment and 180 positive behavioral intervention plan by the school personnel 181 and parent within two weeks before the end of the semester; and 182 (c) The training provided to school personnel concerning 183 the use of restraint. 184 (6)(1)DOCUMENTATION AND REPORTING.— 185 (a) At the beginning of each school year, a school district 186 shall publicly post its policies on all emergency procedures, 187 including its policies on the use of restraint. 188 (b)(a)A school shall prepare an incident report within 24 189 hours after a student is released from restraint or exclusionary 190 or nonexclusionary timeseclusion. If the student’s release 191 occurs on a day before the school closes for the weekend, a 192 holiday, or another reason, the incident report must be 193 completed by the end of the school day on the day the school 194 reopens. 195 (c)(b)The following must be included in the incident 196 report: 197 1. The name of the student restrained or placed in 198 exclusionary or nonexclusionary timesecluded. 199 2. The age, grade, ethnicity, and disability of the student 200 restrained or placed in exclusionary or nonexclusionary time 201secluded. 202 3. The date and time of the event and the duration of the 203 restraint or exclusionary or nonexclusionary timeseclusion. 204 4. The location at which the restraint or exclusionary or 205 nonexclusionary timeseclusionoccurred. 206 5. If a restraint is used, a description of the type of 207 restraint used in terms established by the departmentof208Education. 209 6. The name of the person using or assisting in the 210 restraint of or imposition of exclusionary or nonexclusionary 211 time onseclusion ofthe student and the date the person was 212 last trained in the use of restraint on students. 213 7. The name of any nonstudent who was present to witness 214 the restraint or exclusionary or nonexclusionary timeseclusion. 215 8. A description of the incident, including all of the 216 following: 217 a. The context in which the restraint or exclusionary or 218 nonexclusionary timeseclusionoccurred. 219 b. The student’s behavior leading up to and precipitating 220 the decision to usemanual or physicalrestraint or exclusionary 221 or nonexclusionary timeseclusion, including an indication as to 222 why there was an imminent risk of serious injury or death to the 223 student or others if a student was subject to restraint. 224 c. The specific positive behavioral strategies used to 225 prevent and deescalate the behavior. 226 d. What occurred with the student immediately after the 227 termination of the restraint or exclusionary or nonexclusionary 228 timeseclusion. 229 e. Any injuries, visible marks, or possible medical 230 emergencies that may have occurred during the restraint or 231 exclusionary or nonexclusionary timeseclusion, documented 232 according to district policies. 233 f. Evidence of steps taken to notify the student’s parent 234 or guardian. 235 (d)(c)A school shall notify the parent or guardian of a 236 student each timemanual or physicalrestraint or exclusionary 237 or nonexclusionary timeseclusionis used. Such notification 238 must be in writing and provided before the end of the school day 239 on which the restraint or exclusionary or nonexclusionary time 240seclusionoccurs. Reasonable efforts must also be taken to 241 notify the parent or guardian by telephone orcomputere-mail, 242 or both, and these efforts must be documented. The school shall 243 obtain, and keep in its records, the parent’s or guardian’s 244 signed acknowledgment that he or she was notified of his or her 245 child’s restraint or exclusionary or nonexclusionary time 246seclusion. 247 (e)(d)A school shall also provide the parent or guardian 248 with the completed incident report in writing by mail within 3 249 school days after a student wasmanually or physically250 restrained or placed in exclusionary or nonexclusionary time 251secluded. The school shall obtain, and keep in its records, the 252 parent’s or guardian’s signed acknowledgment that he or she 253 received a copy of the incident report. 254 (7)(2)MONITORING.— 255 (a)Monitoring ofThe use ofmanual or physicalrestraint 256 or exclusionary or nonexclusionary timeseclusionon students 257 shall be monitoredoccurat the classroom, building, district, 258 and state levels. 259 (b) Any documentation prepared by a school pursuant toas260required insubsection (6)(1)shall be provided to the school 261 principal, the district director of Exceptional Student 262 Education, and the bureau chief of the Bureau of Exceptional 263 Education and Student Services electronically each month that 264 the school is in session. Redacted copies of such documentation 265 must be updated monthly and made available to the public through 266 the department’s website no later than October 1, 2018. 267 (c) The department shall maintain aggregate data of 268 incidents ofmanual or physicalrestraint or exclusionary or 269 nonexclusionary timeandseclusionand disaggregate the data for 270 analysis by county, school, student exceptionality, and other 271 variables, including the type and method of restraint or 272 exclusionary or nonexclusionary timeseclusionused. This 273 information mustshallbe updated monthly and made available to 274 the public through the department’s website beginning no later 275 than October 1, 2018. 276 (d) The department shall establish and provide to school 277 districts standards for documenting, reporting, and monitoring 278 the use ofmanual or physicalrestraintormechanical restraint, 279 and occurrences of exclusionary or nonexclusionary time 280seclusion.These standards shall be provided to school districts281by October 1, 2011.282 (8)(3)SCHOOL DISTRICT POLICIES AND PROCEDURES REGARDING 283 RESTRAINT.— 284 (a) School districts shall develop policies and procedures 285 that provide for the physical safety and security of all 286 students and school personnel and which treat all students with 287 respect and dignity in an environment that promotes a positive 288 school culture and climate. SuchEach school district shall289developpolicies and procedures must bethat areconsistent with 290 this section and mustthatgovern the following: 291 1. A description of escalating behavioral strategies that 292 may be used. 293 2. Allowable use of restraint on students. 294 3. Training procedures. 295 4.1.Incident-reporting procedures. 296 5.2.Data collection and monitoring, including when, where, 297 and why students are restrained andor secluded;the frequency 298 of occurrences of such restraintor seclusion; and the prone or299mechanical restraint that is most used. 300 6.3.Monitoring and reporting of data collected. 301 7.4.Training programs and procedures relating tomanual or302physicalrestraintand seclusion. 303 8.5.The district’s plan for selecting personnel to be 304 trained and the timeframe for completing such training pursuant 305 to subsection (4). 306 9.6.The district’s plan for reducing the use of restraint, 307and seclusionparticularly in settings in which it occurs 308 frequently or with students who are restrained repeatedly, and309for reducing the use of prone restraint and mechanical310restraint. The plan must include a goal for reducing the use of 311 restraintand seclusionand must include activities, skills, and 312 resources needed to achieve that goal. Activities may include, 313 but are not limited to, all of the following: 314 a. Additional training in positive behavioral support and 315 crisis management.;316 b. Parental involvement.;317 c. Data review.;318 d. Updates of students’ functional behavioral analysis and 319 positive behavior intervention plans.;320 e. Additional student evaluations.;321 f. Debriefing with staff.;322 g. Use of schoolwide positive behavior support.; and323 h. Changes to the school environment. 324 10. Analysis of data to determine trends. 325 11. Ongoing reduction of the use of restraint. 326 (b) Any revisions a school district makes to itsto the327district’spolicies and procedures, which must be prepared as 328 part of the school district’sitsspecial policies and 329 procedures, must be filed with the bureau chief of the Bureau of 330 Exceptional Education and Student Servicesno later than January33131, 2012. 332 (9)(4)PROHIBITED RESTRAINT.—School personnel may not use a 333 mechanical restraint or amanual or physicalrestraint that 334 restricts a student’s breathing. 335 (10)(5)SECLUSION.—School personnel may not place a student 336 in seclusionclose, lock, or physically block a student in a337room that is unlit and does not meet the rules of the State Fire338Marshal for seclusion time-out rooms. 339 Section 2. Subsections (1) and (2) of section 1012.582, 340 Florida Statutes, are amended to read: 341 1012.582 Continuing education and inservice training for 342 teaching students with developmental and emotional or behavioral 343 disabilities.— 344 (1) The Commissioner of Education shall develop 345 recommendations to incorporate instruction regarding autism 346 spectrum disorder, Down syndrome,andother developmental 347 disabilities, and emotional or behavioral disabilities into 348 continuing education or inservice training requirements for 349 instructional personnel. These recommendations shall address: 350 (a) Early identification of, and intervention for, students 351 who have autism spectrum disorder, Down syndrome,orother 352 developmental disabilities, or emotional or behavioral 353 disabilities. 354 (b) Curriculum planning and curricular and instructional 355 modifications, adaptations, and specialized strategies and 356 techniques. 357 (c) The use of available state and local resources. 358 (d) The use of positive behavioral supports to deescalate 359 problem behaviors. 360 (e) Appropriate use ofmanualphysical restraint and 361 effective classroom behavior management strategies, including, 362 but not limited to, differential reinforcement, precision 363 commands, minimizing attention or access to other reinforcers, 364 and exclusionary and nonexclusionary time methodsseclusion365techniques. 366 (2) In developing the recommendations, the commissioner 367 shall consult with the State Surgeon General, the Director of 368 the Agency for Persons with Disabilities, representatives from 369 the education community in the state, and representatives from 370 entities that promote awareness about autism spectrum disorder, 371 Down syndrome,andother developmental disabilities, and 372 emotional or behavioral disabilities and provide programs and 373 services to persons withdevelopmentaldisabilities, including, 374 but not limited to, regional autism centers pursuant to s. 375 1004.55. 376 Section 3. This act shall take effect July 1, 2018.