Bill Text: IN HB1529 | 2011 | Regular Session | Introduced
Bill Title: Use of restraint and seclusion in schools.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-01-20 - First reading: referred to Committee on Education [HB1529 Detail]
Download: Indiana-2011-HB1529-Introduced.html
Citations Affected: IC 20-33-8-13.3; IC 20-34-7.
Synopsis: Use of restraint and seclusion in schools. Requires school
corporations to include provisions concerning the use of restraint and
seclusion in the school discipline rules. Establishes standards for the
use of restraint and seclusion in schools. Requires parental notification
when restraint or seclusion is imposed on a student. Imposes reporting
requirements for school corporations. Requires training for certain
school staff members in the use of positive behavior intervention and
support.
Effective: July 1, 2011.
January 20, 2011, read first time and referred to Committee on Education.
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A BILL FOR AN ACT to amend the Indiana Code concerning
education.
Chapter 7. Restraint and Seclusion
Sec. 1. As used in this chapter, "chemical restraint" means the administration of a drug or medication to manage a student's behavior or restrict a student's freedom of movement that is not a standard treatment and dosage for the student's medical or psychiatric condition.
Sec. 2. (a) As used in this chapter, "mechanical restraint" means the use of:
(1) a mechanical device;
(2) a material; or
(3) equipment;
attached or adjacent to a student's body that the student cannot easily remove that restricts the freedom of movement of all or part of the student's body or restricts normal access to the student's body.
(b) The term does not include:
(1) mechanical devices;
(2) material; or
(3) equipment;
used for postural support, used during transportation, or used to improve the mobility and independent functioning of a student rather than to restrict movement.
Sec. 3. As used in this chapter, "physical restraint" means physical contact between an educational provider and a student:
(1) in which the student unwillingly participates; and
(2) that involves the use of a manual hold to restrict freedom of movement of all or part of a student's body or to restrict normal access to the student's body.
The term does not include briefly holding a student without undue force in order to calm, comfort, or prevent unsafe behavior, such as running into traffic or engaging in a physical altercation, or physical contact intended to gently assist or prompt a student in performing a task or to guide or assist a student from one (1) area to another.
Sec. 4. As used in this chapter, "positive behavior intervention and support" means a systematic approach that:
(1) uses evidence based practices and data driven decision making to improve school climate and culture; and
(2) includes a range of systemic and individualized strategies to reinforce desired behavior and diminish reoccurrence of problem behavior;
to achieve improved academic and social outcomes and increase learning for all students.
Sec. 5. As used in this chapter, "qualified staff member" refers to a school staff member who is trained in using positive behavior intervention and support.
Sec. 6. As used in this chapter, "seclusion" means the involuntary confinement of a student alone in a room or area from which the student physically is prevented from leaving. The term does not include a supervised timeout in which an adult is
continuously present in the room with the student.
Sec. 7. A school staff member may not use:
(1) seclusion;
(2) chemical restraint;
(3) mechanical restraint; or
(4) physical restraint;
upon a student for the purpose of coercion, discipline, convenience,
or retaliation.
Sec. 8. A school staff member may not use any of the following:
(1) A physical restraint technique that obstructs a student's
respiratory airway or impairs the student's breathing or
respiratory capacity, including a technique in which a school
staff member places pressure on a student's back or places the
staff member's body weight against the student's torso or
back.
(2) A pillow, blanket, or other item covering the student's face
as part of a physical restraint.
(3) An improvised restraint device, such as a sheet or belt.
(4) A physical restraint on a student who has a known
medical, psychological, or physical condition if there is reason
to believe that the use of the physical restraint would
endanger the student's life or seriously exacerbate the
medical, psychological, or physical condition of the student. A
medical, psychological, or physical condition under this
subdivision includes a history of trauma or abuse, obesity, an
agitated or excited syndrome, a preexisting heart disease, and
a respiratory condition, including bronchitis or asthma.
(5) Placement of a student in a face-down position with the
student's hands held or restrained behind the student's back.
(6) Physical restraint as an extended procedure beyond the
immediate emergency.
Sec. 9. A school staff member may use physical restraint only if
all of the following conditions are met:
(1) It is an emergency situation, and physical restraint is
required to prevent imminent serious physical harm to the
student, staff, or others.
(2) The school staff member has determined that less
restrictive alternatives and other positive behavior
intervention supports are ineffective.
(3) A school staff member is continuously present and keeps
the student under constant face-to-face observation for signs
of distress or difficulty breathing.
(4) The school staff member applying the restraint is a qualified staff member trained in positive behavior intervention and support, including the following:
(A) Evidence based techniques shown to be effective in the prevention and safe use of physical restraint and seclusion.
(B) Evidence based skill training that is related to positive behavior intervention support.
(C) Conflict prevention.
(D) De-escalation and conflict management.
(E) First aid.
(F) Cardiopulmonary resuscitation.
Sec. 10. A school staff member may not use chemical restraint, except as otherwise licensed to prescribe and administer medication.
Sec. 11. A school staff member may not use mechanical restraint.
Sec. 12. A school staff member may not use seclusion unless all of the following conditions are met:
(1) The school staff member uses seclusion as an emergency behavior intervention.
(2) The student placed in seclusion has a current individualized education program that includes the use of seclusion, and the student has the ability to understand the purpose of seclusion and the directives given by the school personnel regarding the seclusion. The individualized education program shall be reviewed by the case conference committee team after every incident of seclusion.
(3) The student placed in seclusion:
(A) exhibits behavior that poses an imminent risk of serious physical harm to school personnel; or
(B) is in a facility otherwise licensed or permitted by the state to use seclusion when the student poses an imminent risk of serious physical harm to school personnel or others;
and the behavior cannot be addressed by a less restrictive intervention.
(4) During the use of seclusion a qualified staff member who is free from other responsibilities at the time is continually present and keeps the student under constant direct visual observation. A student may not be deprived of sleep, food, water, shelter, physical comfort, or access to bathroom facilities.
Sec. 13. A student's parent must be notified when physical
restraint or seclusion is used. The school staff members involved in
the incident when physical restraint or seclusion is used shall
participate in a debriefing session as soon as possible after the
incident with the parent to discuss the behavior and future
prevention planning.
Sec. 14. A school staff member authorized to impose physical
restraint or seclusion under this chapter must successfully
complete a basic or inservice course of education and training in
positive behavior intervention and support that is certified by the
state board in conjunction with any other appropriate entity
determined by the state board.
Sec. 15. The state board shall adopt rules under IC 4-22-2 for
the following:
(1) Standards for continuing education and training for
qualified staff members.
(2) Mandatory training and continuing education
requirements for qualified staff members.
Sec. 16. By July 1 of each year, each school corporation shall
submit a report to the department detailing the following
information for the current school year:
(1) The total number of incidents in which physical restraint
was imposed on a student.
(2) The total number of incidents in which seclusion was
imposed on a student.
(3) The race, gender, and grade level of each student upon
whom physical restraint or seclusion was imposed and
whether the student was a child with a disability (as defined
in IC 20-35-1-2).
