Bill Text: IN SB0345 | 2013 | Regular Session | Amended
Bill Title: Use of restraints and seclusion in schools.
Spectrum: Slight Partisan Bill (Democrat 4-2)
Status: (Passed) 2013-05-13 - Public Law 122 [SB0345 Detail]
Download: Indiana-2013-SB0345-Amended.html
Citations Affected: IC 20-20; noncode.
Synopsis: Use of restraints and seclusion in schools. Establishes a
commission on seclusion and restraint in schools to adopt rules
concerning the use of restraint and seclusion in schools and develop a
model restraint and seclusion plan. Requires a school corporation to
have in place a restraint and seclusion plan for the 2014-2015 school
year.
Effective: Upon passage.
January 8, 2013, read first time and referred to Committee on Education and Career
Development.
February 21, 2013, amended, reported favorably _ Do Pass.
February 25, 2013, read second time, amended, ordered engrossed.
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or
A BILL FOR AN ACT to amend the Indiana Code concerning
education.
Chapter 40. Restraint and Seclusion Commission
Sec. 1. As used in this chapter, "behavioral intervention plan" means a plan that is agreed upon by the case conference committee (as defined in IC 20-35-7-2) and incorporated into a student's individualized education program (as defined in IC 20-18-2-9) and that describes the following:
(1) The pattern of behavior that impedes the student's learning or the learning of others.
(2) The purpose or function of the behavior as identified in a functional behavioral assessment.
(3) The positive interventions and supports, and other strategies, to:
(A) address the behavior; and
(B) maximize consistency of implementation across people
and settings in which the student is involved.
(4) If applicable, the skills that will be taught and monitored
in an effort to change a specific pattern of behavior of the
student.
The behavioral intervention plan seeks to maximize consistency of
implementation across people and settings in which the student is
involved.
Sec. 2. 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. 3. As used in this chapter, "commission" refers to the
commission on seclusion and restraint in schools established under
section 12 of this chapter.
Sec. 4. As used in this chapter, "isolated time-out" means the
confinement of a student in a time-out room or some other
enclosure, whether within or outside the classroom, from which the
student's egress is restricted.
Sec. 5. (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 and 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) a material; or
(3) equipment;
used as prescribed by a doctor.
Sec. 6. (a) As used in this chapter, "physical restraint" means
physical contact between a school employee 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.
(b) The term does not include:
(1) briefly holding a student without undue force in order to
calm or comfort the student, or to prevent unsafe behavior,
such as running into traffic or engaging in a physical
altercation;
(2) physical escort; or
(3) 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. 7. 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 systematic 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. 8. As used in this chapter, "school corporation" includes a
charter school that is not a virtual charter school.
Sec. 9. As used in this chapter, "school employee" means an
individual employed by a public school, including a charter school.
Sec. 10. 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 time-out or scheduled break, as
described in a student's individualized education program, in
which an adult is continuously present in the room with the
student.
Sec. 11. As used in this chapter, "time-out" means a behavior
reduction procedure in which access to reinforcement is withdrawn
for a certain period of time. Time-out occurs when the ability of a
student to receive normal reinforcement in the school environment
is restricted.
Sec. 12. (a) The commission on seclusion and restraint in schools
is established.
(b) The commission has the following nine (9) members:
(1) The designee of the state superintendent, who serves at the
pleasure of the state superintendent.
(2) A representative of the Autism Society of Indiana, chosen
by the organization, who serves a two (2) year term.
(3) A representative of the Arc of Indiana, chosen by the
organization, who serves a two (2) year term.
(4) A representative of the Indiana Council of Administrators
of Special Education, chosen by the organization, who serves
a two (2) year term.
(5) A representative of the Indiana Protection and Advocacy
Services, chosen by the organization, who serves a two (2)
year term.
(6) A parent of a student with a disability, nominated by a
member described in subdivisions (1) through (5) and
approved by a majority of the members described in
subdivisions (1) through (5), who serves a two (2) year term.
(7) A parent of a student who does not have a disability,
nominated by a member described in subdivisions (1) through
(5) and approved by a majority of the members described in
subdivisions (1) through (5), who serves a two (2) year term.
(8) Two (2) school administrators, each nominated by a
member described in subdivisions (1) through (5) and
approved by a majority of the members described in
subdivisions (1) through (5), each of whom serves a two (2)
year term.
(c) Each member of the commission who is not a state employee
is entitled to the minimum salary per diem provided by
IC 4-10-11-2.1(b). A member who is not a state employee is also
entitled to reimbursement for traveling expenses and other
expenses actually incurred in connection with the member's duties,
as provided in the state travel policies and procedures established
by the Indiana department of administration and approved by the
budget agency.
Sec. 13. (a) The designee of the state superintendent under
section 12(b)(1) of this chapter serves as chairperson of the
commission.
(b) The commission shall meet at least annually on the call of the
chairperson, and may meet as often as is necessary. The
chairperson shall provide not less than fourteen (14) days notice of
a meeting to the members of the commission and to the public.
(c) The affirmative votes of at least five (5) members of the
commission are necessary for the commission to take action. The
votes of the commission must be recorded.
(d) All commission meetings shall be open to the public, and
each meeting must include opportunities for public comment.
(e) The department shall provide staff support for the
commission.
Sec. 14. The commission has the following duties:
(1) To adopt rules concerning the following:
(A) The use of restraint and seclusion in public schools,
with an emphasis on minimizing the use of restraint and
seclusion.
(B) The prevention of the use of types of restraint or
seclusion that may harm a student, a school employee, a
school volunteer, or the educational environment of the
school.
(C) Requirements for notifying parents and reporting
incidents of restraint and seclusion.
(D) Training regarding the use of restraint and seclusion,
including the frequency of training and what employees
must be trained.
(2) Before August 1, 2013, to develop a model restraint and
seclusion plan for schools that includes the following
elements:
(A) A statement on how students will be treated with
dignity and respect and how appropriate student behavior
will be promoted and taught.
(B) A statement ensuring that the school will use
prevention, positive behavior intervention and support,
and conflict deescalation to minimize the need for use of
any of the following:
(i) Seclusion.
(ii) Chemical restraint.
(iii) Mechanical restraint.
(iv) Physical restraint.
(C) A statement ensuring that any behavioral intervention
used will be consistent with the student's most current
behavioral intervention plan, or individualized education
program, if applicable.
(D) Definitions for restraint and seclusion, as defined in
this chapter.
(E) A statement ensuring that if a procedure listed in
clause (B) is used, the procedure will be used:
(i) as a last resort safety procedure, employed only after
another, less restrictive procedure has been implemented
without success; and
(ii) in a situation in which there is an imminent risk of
injury to the student, other students, school employees,
or visitors to the school.
(F) An indication that restraint or seclusion may be used
only for a short time period, or until the imminent risk of
injury has passed.
(G) A documentation and recording requirement
governing instances in which procedures listed in clause
(B) are used, including:
(i) how every incident will be documented and debriefed;
(ii) how responsibilities will be assigned to designated
employees for evaluation and oversight; and
(iii) designation of a school employee to be the keeper of
such documents.
(H) A requirement that the student's parent must be
notified as soon as possible when an incident involving the
student occurs that includes use of procedures listed in
clause (B).
(I) A requirement that a copy of an incident report must be
sent to the student's parent after the student is subject to
a procedure listed in clause (B).
(J) Required recurrent training for appropriate school
employees on the appropriate use of effective alternatives
to physical restraint and seclusion, including the use of
positive behavioral intervention and support and conflict
deescalation. The training must include the safe use of
physical restraint and seclusion in incidents involving
imminent danger or serious harm to the student, school
employees, or others.
Sec. 15. A school corporation shall adopt a restraint and
seclusion plan that incorporates, at a minimum, the elements of the
model plan developed under section 14 of this chapter. The school
corporation's plan must become effective not later than July 1,
2014.
Sec. 16. This chapter may not be construed to give rise to a
cause of action, either civil or criminal, against the state, the
department, the commission, or a member of the commission.
Sec. 17. The commission shall adopt rules under IC 4-22-2 to
carry out the purposes of this chapter.
(b) Before May 31, 2013, the organizations set forth in IC 20-20-40-12(b)(2) through IC 20-20-40-12(b)(5), as added by this act, shall select their representatives to serve on the commission and submit the names and contact information for the representatives to the department of education.
(c) The individual designated by the state superintendent of public instruction to serve on the commission under IC 20-20-40-12(b)(1), as added by this act, shall call the initial meeting of the commission before July 1, 2013.
(d) This SECTION expires July 1, 2013.
