Bill Text: NJ S3027 | 2022-2023 | Regular Session | Introduced
Bill Title: Requires parental notification when seclusion technique is utilized on student with disabilities; requires DOE to collect data on students disabilities regarding exclusion from school pending psychiatric clearance and utilization of restraints and seclusion.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2022-09-29 - Referred to Senate Budget and Appropriations Committee [S3027 Detail]
Download: New_Jersey-2022-S3027-Introduced.html
Sponsored by:
Senator VIN GOPAL
District 11 (Monmouth)
SYNOPSIS
Requires parental notification when seclusion technique is utilized on student with disabilities; requires DOE to collect data on students with disabilities regarding exclusion from school pending psychiatric clearance and utilization of restraints and seclusion.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning students with disabilities and amending and supplementing P.L.2017, c.291 (C.18:46-13.4 et seq.).
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 3 of P.L.2017, c.291 (C.18A:46-13.6) is amended to read as follows:
3. a. A school district, an educational services commission, or an approved private school for students with disabilities that utilizes seclusion techniques on students with disabilities shall ensure that:
(1) a seclusion technique is used on a student with disabilities only in an emergency in which the student is exhibiting behavior that places the student or others in immediate physical danger;
(2) each incident in which a seclusion technique is used is carefully and continuously visually monitored to ensure that it was used in accordance with established procedures set forth in a board policy developed in conjunction with the entity that trains staff in safe techniques for physical restraint, in order to protect the safety of the child and others; [and]
(3) each incident in which a seclusion technique is used is documented in writing in sufficient detail to enable the staff to use this information to develop or improve the behavior intervention plan at the next individualized education plan meeting; and
(4) the parent or guardian of a student is immediately notified when a seclusion technique is used on that student, which notification may be by telephone or electronic communication. A full written report of the incident of a seclusion technique shall be provided to the parent or guardian within 48 hours of the occurrence of the incident.
b. A school district, an educational services commission, and an approved private school for students with disabilities shall attempt to minimize the use of seclusion techniques through inclusion of positive behavior supports in the student's behavior intervention plans developed by the individualized education plan team.
(cf: P.L.2017, c.291, s.3)
2. (New section) a. The Department of Education shall annually collect data from school districts, educational services commissions, and approved private schools for students with disabilities on the number and times a physical restraint or a seclusion technique was utilized on a student with disabilities and the type and duration of the physical restraint or seclusion technique that was utilized, and the number of students with disabilities on which a physical restraint or a seclusion technique was utilized. The data collected by the department shall also include the number of students with disabilities who have been excluded from school and required to undergo a psychiatric evaluation in order to receive clearance to return to school.
b. The department shall publish the data collected pursuant to subsection a. of this section annually on its website in a manner that protects student privacy. The data published on the website shall be disaggregated by county and by the race, gender, and age of the student.
3. This act shall take effect immediately.
STATEMENT
This bill amends current law to require that the parent or guardian of a student with disabilities is immediately notified by telephone or through some means of electronic communication when a school district, educational services commission, or approved private school for students with disabilities uses a seclusion technique on the student. A full written report of the incident is required to be provided to the parent or guardian within 48 hours of the occurrence of the incident. Under current law, a seclusion technique is defined as the involuntary confinement of a student alone in a room or area from which the student is physically prevented from leaving, but does not include a timeout.
The bill also requires the Department of Education to annually collect data from school districts, educational services commissions, and approved private schools for students with disabilities on the number and times a physical restraint or a seclusion technique was utilized on a student with disabilities and the type and duration of the physical restraint or seclusion technique that was utilized, and the number of students with disabilities on which a physical restraint or a seclusion technique was utilized. In addition, the department is required to collect data on the number of students with disabilities who have been excluded from school and required to undergo a psychiatric evaluation in order to return to school. The department is required to publish the collected data annually on its website in a manner that protects student privacy. The published data will be disaggregated by county and by the race, gender, and age of the student.
