Bill Text: IA SF2030 | 2017-2018 | 87th General Assembly | Introduced
Bill Title: A bill for an act relating to school-related physical restraint and seclusion policies, practices, training, and prohibitions.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2018-01-11 - Subcommittee: Sinclair, Chelgren, and Dvorsky. S.J. 98. [SF2030 Detail]
Download: Iowa-2017-SF2030-Introduced.html
Senate File 2030 - Introduced SENATE FILE BY McCOY A BILL FOR 1 An Act relating to school=related physical restraint and 2 seclusion policies, practices, training, and prohibitions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 5255XS (4) 87 kh/rj PAG LIN 1 1 Section 1. Section 256.7, Code 2018, is amended by adding 1 2 the following new subsection: 1 3 NEW SUBSECTION. 33. Adopt rules establishing a statewide 1 4 policy in conformance with section 280.21C relating to physical 1 5 restraint and seclusion practices, training, and prohibitions. 1 6 The policy shall set forth evidence=based techniques and 1 7 strategies for preventing the use of restraint and seclusion 1 8 by schools; establish certification requirements for the 1 9 training program developed and approved pursuant to section 1 10 256.9, subsection 60; identify practices that keep school 1 11 personnel and students safe if physical restraint or seclusion 1 12 is necessary, including but not limited to positive behavioral 1 13 interventions, supports, and strategies; and identify the 1 14 minimum health and safety measures a school must utilize to 1 15 prevent or respond to conditions that may result in the use of 1 16 restraint or seclusion by the school. 1 17 Sec. 2. Section 256.9, Code 2018, is amended by adding the 1 18 following new subsection: 1 19 NEW SUBSECTION. 60. Develop and approve, in cooperation 1 20 with the board of educational examiners and the area education 1 21 agencies, a training program that includes but is not limited 1 22 to the following: 1 23 a. A curriculum for practitioners and paraeducators 1 24 that includes evidence=based techniques and strategies for 1 25 preventing the use of restraint and seclusion by schools; 1 26 practices that keep school personnel and students safe 1 27 if physical restraint or seclusion is necessary; positive 1 28 behavioral interventions, supports, and strategies; behavioral 1 29 antecedents, functional behavioral assessments, de=escalation 1 30 of challenging behaviors, and conflict prevention and 1 31 management; safe physical escort; first aid, including the 1 32 signs of medical distress, and cardiopulmonary resuscitation. 1 33 b. Certification of training in state restraint and 1 34 seclusion policies and procedures. 1 35 Sec. 3. NEW SECTION. 280.21C Seclusion and restraint 2 1 interventions ==== requirements. 2 2 1. Definitions. For purposes of this section, unless the 2 3 context otherwise requires: 2 4 a. "Chemical restraint" means a drug or medication 2 5 administered to a student to control behavior or restrict 2 6 freedom of movement that is not prescribed, or administered 2 7 as prescribed, by a licensed physician or a qualified health 2 8 care professional prescriber for the standard treatment of a 2 9 student's medical or psychiatric condition. 2 10 b. "Mechanical restraint" means the use of a device as 2 11 a means of restricting a student's freedom of movement. 2 12 "Mechanical restraint" does not mean a device used by trained 2 13 school personnel, or used by a student, for the specific and 2 14 approved therapeutic or safety purposes for which such a 2 15 device was designed and, if applicable, prescribed, including 2 16 a restraint for medical immobilization, adaptive device or 2 17 mechanical support used to allow greater freedom of mobility 2 18 than would be possible without the use of such a device or 2 19 mechanical support, and a vehicle safety restraint when used as 2 20 intended during the transport of a student in a moving vehicle. 2 21 c. "Physical escort" means the temporary touching or holding 2 22 of the hand, wrist, arm, shoulder, waist, hip, or back for the 2 23 purpose of inducing a student to move to a safe location. 2 24 d. "Physical restraint" means a personal restriction 2 25 that immobilizes or reduces the ability of a student to move 2 26 the student's arms, legs, body, or head freely. "Physical 2 27 restraint" does not include a physical escort, mechanical 2 28 restraint, or chemical restraint. 2 29 e. "Positive behavioral interventions and supports" means 2 30 a school=wide systematic approach to embed evidence=based 2 31 practices and data=driven decision=making to improve school 2 32 climate and culture in order to achieve improved academic 2 33 and social outcomes, and increase learning for all students, 2 34 including those students with the most complex and intensive 2 35 behavioral needs; and which encompasses a range of systemic 3 1 and individualized positive strategies to reinforce desired 3 2 behaviors, diminish the reoccurrence of challenging behaviors, 3 3 and teach appropriate behaviors to students. 3 4 f. "School" means a public or accredited nonpublic school 3 5 and includes an area education agency if the agency or its 3 6 personnel seeks to use physical restraint or seclusion. 3 7 g. "Seclude" or "seclusion" means the involuntary 3 8 confinement of a student alone in a room or area from which the 3 9 student is physically prevented from leaving. "Seclude" or 3 10 "seclusion" does not include a time=out. 3 11 h. "Time=out" means a behavior management technique that 3 12 may involve the separation of a student from the group, in 3 13 a nonlocked setting, for the purpose of calming, and may be 3 14 written into an individualized education program. "Time=out" 3 15 does not mean seclusion. 3 16 2. Actions prohibited ==== exceptions. 3 17 a. Except as provided in this section, a school employee, a 3 18 person under a contract to provide services to a school, or a 3 19 volunteer shall not impose on any student any of the following: 3 20 (1) Seclusion. 3 21 (2) Mechanical restraint. 3 22 (3) Chemical restraint. 3 23 (4) Aversive behavioral interventions that compromise 3 24 health or safety. 3 25 (5) Physical restraint that is life=threatening, including 3 26 but not limited to physical restraint that restricts breathing. 3 27 (6) Physical restraint if contraindicated based on the 3 28 student's disability, health care needs, or medical or 3 29 psychiatric condition, as documented in a health care directive 3 30 or medical management plan, a behavior intervention plan, an 3 31 individualized education program, or other relevant record made 3 32 available to the school district, accredited nonpublic school, 3 33 or area education agency. 3 34 b. Physical restraint of a student, using only the amount 3 35 of force necessary to protect the student or others from 4 1 the threatened physical harm, may be implemented by school 4 2 personnel qualified under subsection 3 only under the following 4 3 conditions: 4 4 (1) The student's behavior poses an immediate danger of 4 5 serious physical harm to self or others. 4 6 (2) The physical restraint does not interfere with the 4 7 student's ability to communicate in the student's primary 4 8 language or mode of communication. 4 9 (3) Less restrictive interventions have been ineffective in 4 10 ceasing the immediate danger of serious physical harm to the 4 11 student or others, except in the case of a clearly unavoidable 4 12 emergency situation posing an immediate danger of serious 4 13 physical harm. 4 14 (4) The physical restraint is implemented in a manner that, 4 15 based on research and evidence, is safe, appropriate, and 4 16 proportionate to and sensitive to the student's severity of 4 17 behavior, chronological and developmental age, physical size, 4 18 gender, physical condition, medical condition, psychiatric 4 19 condition, and personal history, including any history of 4 20 physical or sexual abuse or other trauma. 4 21 c. The use of physical restraint shall immediately cease 4 22 under any of the following conditions: 4 23 (1) A medical condition occurs putting the student at risk 4 24 of harm. 4 25 (2) The student's behavior no longer poses an immediate 4 26 danger of serious physical harm to the student or others. 4 27 (3) Less restrictive interventions would be effective in 4 28 ceasing such immediate danger of serious physical harm. 4 29 d. Upon the initial implementation of physical restraint of 4 30 a student, school personnel shall contact key identified school 4 31 employees for help from within the attendance center either 4 32 immediately at the onset of an emergency situation or, if it is 4 33 reasonable under the particular situation for school personnel 4 34 to believe that diverting attention from the situation would 4 35 increase the risk to the safety of the student or to the safety 5 1 of others, as soon as possible once the conditions no longer 5 2 support such a belief. 5 3 e. If, in an emergency situation in which a student's 5 4 behavior poses an immediate danger of serious physical harm 5 5 to the student or others, less restrictive interventions 5 6 have proven ineffective in ceasing the immediate danger, a 5 7 student may be placed in seclusion under all of the following 5 8 conditions: 5 9 (1) The seclusion does not interfere with the student's 5 10 ability to breathe or communicate. 5 11 (2) A practitioner, paraeducator, or health care 5 12 professional carefully, continuously, and visually monitors the 5 13 student while the student is in seclusion. 5 14 f. Emergency seclusion shall not be used longer than 5 15 necessary, based on research and evidence, to allow a student 5 16 to regain composure to the point that the emergency situation 5 17 necessitating the use of emergency seclusion ceases and 5 18 generally no longer than fifteen minutes for an elementary 5 19 school student or twenty minutes for a secondary school 5 20 student. If an emergency seclusion lasts longer than fifteen 5 21 minutes for an elementary school student or twenty minutes for 5 22 a secondary school student, the school district or nonpublic 5 23 school must provide for the following: 5 24 (1) Additional support, which may include a change of 5 25 staff, or introducing a nurse, specialist, or additional key 5 26 identified school employees. 5 27 (2) Documentation to explain the extension beyond the time 5 28 period specified in this paragraph "f". 5 29 3. Qualifications of individuals imposing physical restraint 5 30 or seclusion. School personnel imposing physical restraint or 5 31 seclusion on a student in accordance with this section shall 5 32 meet the following conditions: 5 33 a. Be trained and certified under a training program 5 34 approved under section 256.9, subsection 60, except in the case 5 35 of clearly unavoidable emergency situations when trained and 6 1 certified school personnel are not immediately available due 6 2 to the unforeseeable nature of the emergency situation. The 6 3 principal of an attendance center shall identify one or more 6 4 key school employees who shall be trained and certified under a 6 5 training program approved under section 256.9, subsection 60. 6 6 b. Engage in continuous visual monitoring of the student as 6 7 required by subsection 2, paragraph "e". 6 8 4. Use of physical restraint or seclusion as planned 6 9 intervention. The use of physical restraint or seclusion as 6 10 a planned intervention shall not be written into a student's 6 11 individualized education program or any other planning document 6 12 prepared for an individual student unless agreed upon by school 6 13 administrators, the parent or guardian of the student, and the 6 14 individualized education team or other key identified school 6 15 employees and the following conditions have been met: 6 16 a. All parties to the agreement have considered less 6 17 restrictive means to address behavioral concerns that would 6 18 meet the emergency action conditions described in subsection 2. 6 19 b. The individualized education team or other key 6 20 identified school employees have conducted a research=based, 6 21 individualized functional behavioral assessment and implemented 6 22 a corresponding positive intervention plan that addresses 6 23 preventative measures used to reduce or prevent emergencies and 6 24 is written into the student's individualized education program 6 25 or a planning document prepared for the individual student. 6 26 5. School responsibilities. The board of directors of each 6 27 school district and the authorities in charge of a nonpublic 6 28 school shall do the following: 6 29 a. Establish policies and procedures that ensure school 6 30 personnel and parents and guardians are aware of the state 6 31 board of education's rules, the department's guidance, and 6 32 the school district's or school's policies, as appropriate, 6 33 regarding physical restraint and seclusion. 6 34 b. Establish policies and procedures to be followed after 6 35 each incident involving the imposition of physical restraint 7 1 or seclusion upon a student, including but not limited to the 7 2 following: 7 3 (1) Procedures to provide to the parent or guardian of 7 4 the student, with respect to each such incident, a verbal or 7 5 electronic communication on the same day as each such incident 7 6 and, within twenty=four hours of each such incident, written 7 7 notification. 7 8 (2) Procedures to ensure that the person who imposed 7 9 a physical restraint or seclusion, any adult witness, a 7 10 representative of the administration, a school mental health 7 11 professional, and at least one family member or the guardian 7 12 of the student participate in a debriefing session. The 7 13 procedures shall ensure that the student who was physically 7 14 restrained or secluded is given the opportunity to discuss the 7 15 student's perspective about the event with a trusted adult who 7 16 will communicate to the debriefing session group. 7 17 c. The debriefing session described in paragraph "b", 7 18 subparagraph (2), shall occur as soon as practicable, but 7 19 not later than five school days following the imposition of 7 20 physical restraint or seclusion unless it is delayed by written 7 21 mutual agreement of the parent or guardian and the school 7 22 district or nonpublic school. 7 23 (1) Each adult witness in the proximity of the student 7 24 immediately before and during the time of the physical 7 25 restraint or seclusion but not directly involved shall submit 7 26 the witness's observations in writing for the debriefing 7 27 session. 7 28 (2) The debriefing session shall include the following: 7 29 (a) Identification of antecedents to the physical restraint 7 30 or seclusion and consideration of relevant information in the 7 31 student's records, and such information from teachers, other 7 32 professionals, the parent or guardian, and student. 7 33 (b) Planning to prevent and reduce reoccurrence of the use 7 34 of physical restraint or seclusion, including consideration 7 35 of the results of any functional behavioral assessments, 8 1 whether positive behavior plans were implemented with fidelity, 8 2 and recommendations of appropriate positive behavioral 8 3 interventions and supports to assist school personnel 8 4 responsible for the student's individualized educational 8 5 program or other planning document prepared for the individual 8 6 student. 8 7 (c) A plan to have a functional behavioral assessment 8 8 conducted, reviewed, or revised by qualified professionals, the 8 9 parent or guardian, and the student. 8 10 (3) Information communicated by a student attending a 8 11 debriefing session in accordance with this subsection shall not 8 12 be used against the student in any disciplinary, criminal, or 8 13 civil investigation or proceeding. 8 14 6. Prohibition against retaliation. The board of directors 8 15 of a school district and the authorities in charge of a 8 16 nonpublic school, and the employees of such school district 8 17 or nonpublic school, shall not retaliate against any person 8 18 for having reported or having provided information regarding a 8 19 violation of this section or a violation of the rules adopted 8 20 by the state board to administer this section. 8 21 Sec. 4. STATE MANDATE FUNDING SPECIFIED. In accordance 8 22 with section 25B.2, subsection 3, the state cost of requiring 8 23 compliance with any state mandate included in this Act shall 8 24 be paid by a school district from state school foundation aid 8 25 received by the school district under section 257.16. This 8 26 specification of the payment of the state cost shall be deemed 8 27 to meet all of the state funding=related requirements of 8 28 section 25B.2, subsection 3, and no additional state funding 8 29 shall be necessary for the full implementation of this Act 8 30 by and enforcement of this Act against all affected school 8 31 districts. 8 32 EXPLANATION 8 33 The inclusion of this explanation does not constitute agreement with 8 34 the explanation's substance by the members of the general assembly. 8 35 This bill establishes training requirements, procedures, 9 1 and prohibitions relating to the use of physical restraint and 9 2 seclusion by school districts, accredited nonpublic schools, 9 3 and area education agencies. 9 4 STATE BOARD OF EDUCATION RULES ==== POLICY. The state board of 9 5 education is directed to adopt rules establishing a statewide 9 6 policy in conformance with new Code section 280.21C, relating 9 7 to physical restraint and seclusion practices, training, and 9 8 prohibitions. 9 9 TRAINING CURRICULUM AND CERTIFICATION BY DEPARTMENT. The 9 10 director of the department of education is required to develop 9 11 and approve, in cooperation with the board of educational 9 12 examiners and the area education agencies, certification in 9 13 state restraint and seclusion policies and procedures and 9 14 a training program that includes but is not limited to a 9 15 curriculum for practitioners and paraeducators that includes 9 16 evidence=based techniques and strategies for preventing the use 9 17 of physical restraint and seclusion by schools; practices that 9 18 keep school personnel and students safe if physical restraint 9 19 or seclusion is necessary; positive behavioral interventions, 9 20 supports, and strategies; behavioral antecedents, functional 9 21 behavioral assessments, de=escalation of challenging behaviors, 9 22 and conflict prevention and management; safe physical escort; 9 23 and first aid, including the signs of medical distress, and 9 24 cardiopulmonary resuscitation. 9 25 DEFINITIONS. The bill defines "chemical restraint" 9 26 to mean a drug or medication administered to a student 9 27 to control behavior or restrict freedom of movement that 9 28 is not prescribed, or administered as prescribed, by a 9 29 licensed physician or a qualified health care professional 9 30 prescriber for the standard treatment of a student's medical 9 31 or psychiatric condition; "mechanical restraint" to mean the 9 32 use of devices as a means of restricting a student's freedom 9 33 of movement, but not devices used by trained school personnel 9 34 or a student for therapeutic or safety purposes for which such 9 35 devices were designed and, if applicable, prescribed. 10 1 "Physical escort" means temporary touching or holding for 10 2 the purpose of inducing a student to move to a safe location; 10 3 "physical restraint" means a personal restriction that 10 4 immobilizes or reduces the ability of an individual to move 10 5 freely, but does not include a physical escort, mechanical 10 6 restraint, or chemical restraint; "positive behavioral 10 7 interventions and supports" means a school=wide systematic 10 8 approach to embed evidence=based practices and data=driven 10 9 decision=making to improve school climate and culture in order 10 10 to achieve improved academic and social outcomes, and increase 10 11 learning for all students, and which encompasses a range of 10 12 systemic and individualized positive strategies to reinforce 10 13 desired behaviors, diminish reoccurrence of challenging 10 14 behaviors, and teach appropriate behaviors to students; 10 15 "seclude" or "seclusion" means the involuntary confinement 10 16 of a student alone in a room or area from which the student 10 17 is physically prevented from leaving, but does not include a 10 18 time=out; and "time=out" means a behavior management technique 10 19 that may involve the separation of a student from the group, 10 20 in a nonlocked setting, for the purpose of calming, and may be 10 21 written into an individualized education program. 10 22 ACTIONS PROHIBITED ==== EXCEPTIONS. Except in emergency 10 23 situations, the bill prohibits a school employee, person under 10 24 contract to provide services to the school, or volunteer from 10 25 imposing on any student seclusion, mechanical restraint, 10 26 chemical restraint, aversive behavioral interventions that 10 27 compromise health or safety, or physical restraint that is 10 28 life=threatening or contraindicated based on the student's 10 29 documented disability, health care needs, or medical or 10 30 psychiatric condition. 10 31 Physical restraint, using only the amount of force necessary 10 32 to protect the student or others from the threatened harm, 10 33 may be implemented only if the student's behavior poses 10 34 immediate danger of serious physical harm to self or others, 10 35 the physical restraint does not interfere with the student's 11 1 ability to communicate, less restrictive interventions have 11 2 been ineffective, except in the case of a clearly unavoidable 11 3 emergency situation, and the physical restraint is performed in 11 4 a manner that is safe, appropriate, and proportionate to and 11 5 sensitive to the student's severity of behavior, chronological 11 6 and developmental age, physical size, gender, physical 11 7 condition, medical condition, psychiatric condition, and 11 8 personal history, including any history of physical or sexual 11 9 abuse or other trauma. 11 10 The use of physical restraint must immediately cease when 11 11 a medical condition occurs putting the student at risk of 11 12 harm, the student's behavior no longer poses immediate danger 11 13 of serious physical harm to the student or others, and less 11 14 restrictive interventions would be effective in stopping such 11 15 immediate danger of serious physical harm. 11 16 Upon the initial implementation of physical restraint, 11 17 school personnel must contact key identified employees for help 11 18 from within the attendance center either immediately at the 11 19 onset of an emergency situation or as soon as possible. 11 20 Seclusion may be used in an emergency situation in which a 11 21 student's behavior poses immediate danger of serious physical 11 22 harm to the student or others and restrictive interventions 11 23 have proven ineffective in ceasing the immediate danger. 11 24 However, the seclusion cannot interfere with the student's 11 25 ability to breathe or communicate, and a practitioner, 11 26 paraeducator, or health professional must carefully, 11 27 continuously, and visually monitor the student while the 11 28 student is in seclusion. 11 29 Emergency seclusion shall not be used longer than necessary, 11 30 generally no longer than 15 minutes for an elementary school 11 31 student or 20 minutes for a secondary school student. For 11 32 longer periods, schools must provide for additional support, 11 33 which may include a change of staff, or introducing a nurse, 11 34 specialist, or additional key identified school employees, and 11 35 documentation to explain the extension beyond the time limit. 12 1 QUALIFICATIONS OF INDIVIDUALS IMPOSING PHYSICAL RESTRAINT 12 2 OR SECLUSION. School personnel imposing physical restraint 12 3 or seclusion must engage in continuous visual monitoring of 12 4 the student and, except in the case of clearly unavoidable 12 5 emergency situations when school personnel trained and 12 6 certified are not immediately available, must be trained and 12 7 certified in state physical restraint and seclusion policies 12 8 and procedures. The school principal must identify at least 12 9 one or more school employees who shall be trained and certified 12 10 under a training program approved by the department. 12 11 USE OF PHYSICAL RESTRAINT OR SECLUSION AS PLANNED 12 12 INTERVENTION. The use of physical restraint or seclusion as 12 13 a planned intervention shall not be written into a student's 12 14 education plan or any other planning document for an individual 12 15 student unless agreed upon in writing by school administrators, 12 16 the parent or guardian of the student, and the individualized 12 17 education team or other key identified school employees; the 12 18 parties to the agreement considered less restrictive means 12 19 to address behavioral concerns that would meet the emergency 12 20 standard; and the individualized education team or other key 12 21 identified school employees have conducted a research=based, 12 22 individualized functional behavioral assessment and implemented 12 23 a corresponding positive intervention plan that addresses 12 24 preventative measures used to reduce or prevent emergencies and 12 25 is written into the student's individualized education program 12 26 or other planning document prepared for the individual student. 12 27 SCHOOL RESPONSIBILITIES. The board of directors of each 12 28 school district and the authorities in charge of a nonpublic 12 29 school are required to establish policies and procedures 12 30 that ensure school personnel and parents and guardians are 12 31 aware of the state and local rules, guidance, or policies, as 12 32 appropriate, regarding seclusion and restraint. 12 33 School districts and nonpublic schools also must establish 12 34 policies and procedures to be followed after each incident 12 35 of physical restraint or seclusion, verbal or electronic 13 1 notification of the parent or guardian on the same day as the 13 2 incident, followed by written notification within 24 hours of 13 3 the incident; procedures to ensure that parties to the incident 13 4 participate in a debriefing session; and procedures for giving 13 5 the student who was restrained or secluded the opportunity to 13 6 discuss the event with a trusted adult who will communicate to 13 7 the debriefing session group. 13 8 The debriefing session shall occur as soon as practicable, 13 9 but not later than five school days following the imposition of 13 10 physical restraint or seclusion unless it is delayed by written 13 11 mutual agreement. Adult witnesses who were not directly 13 12 involved in the incident shall submit their observations in 13 13 writing. The debriefing session shall include identification 13 14 of antecedents to the physical restraint or seclusion and 13 15 consideration of relevant information in the student's records; 13 16 planning to prevent and reduce reoccurrence of the use of 13 17 physical restraint or seclusion; a plan to have a functional 13 18 behavioral assessment conducted, reviewed, or revised by 13 19 qualified professionals, the parent or guardian, and the 13 20 student; and, when a student attends a debriefing session, 13 21 information communicated by the student may not be used against 13 22 the student. 13 23 PROHIBITION AGAINST RETALIATION. School districts and 13 24 nonpublic schools, and their employees, are prohibited from 13 25 retaliating against any person for reporting or providing 13 26 information regarding a violation of the bill, or a violation 13 27 of the rules adopted by the state board for the implementation 13 28 of the bill. 13 29 STATE MANDATE. The bill may include a state mandate as 13 30 defined in Code section 25B.3. The bill requires that the 13 31 state cost of any state mandate included in the bill be 13 32 paid by a school district from state school foundation aid 13 33 received by the school district under Code section 257.16. The 13 34 specification is deemed to constitute state compliance with 13 35 any state mandate funding=related requirements of Code section 14 1 25B.2. The inclusion of this specification is intended to 14 2 reinstate the requirement of political subdivisions to comply 14 3 with any state mandates included in the bill. LSB 5255XS (4) 87 kh/rj
