Bill Text: NJ S553 | 2016-2017 | Regular Session | Introduced

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Bill Title: Prohibits student's individualized education program or 504 plan to include use of physical restraints or seclusion.

Spectrum: Slight Partisan Bill (Republican 2-1)

Status: (Introduced - Dead) 2016-01-12 - Introduced in the Senate, Referred to Senate Education Committee [S553 Detail]

Download: New_Jersey-2016-S553-Introduced.html

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SENATE, No. 553

STATE OF NEW JERSEY

217th LEGISLATURE

 

PRE-FILED FOR INTRODUCTION IN THE 2016 SESSION

 

 

Sponsored by:

Senator  KEVIN J. O'TOOLE

District 40 (Bergen, Essex, Morris and Passaic)

Senator  STEPHEN M. SWEENEY

District 3 (Cumberland, Gloucester and Salem)

 

 

 

 

SYNOPSIS

     Prohibits student's individualized education program or 504 plan to include use of physical restraints or seclusion.

 

CURRENT VERSION OF TEXT

     Introduced Pending Technical Review by Legislative Counsel.

  

An Act concerning the use of physical restraint and seclusion on students with disabilities and supplementing chapter 46 of Title 18A of the New Jersey Statutes.

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.    a.  The use of physical restraint or seclusion as a planned intervention shall not be written into a student's individualized education program or 504 plan.  A school district may establish policies and procedures for use of physical restraint or seclusion in a school safety and security plan, provided that the school plan is not specific to any individual student.

     b.    As used in this section:

     "Physical escort" means the temporary touching or holding of the hand, wrist, arm, shoulder, or back for the purpose of inducing a student who is acting out to walk to a safe location.

     "Physical restraint" means a personal restriction that immobilizes or reduces the ability of an individual to move his arms, legs, or head freely, but does not include a physical escort.

     "Seclusion" means a behavior control technique involving locked isolation, but does not include a time out.

     "Time out" means a behavior management technique that is part of an approved treatment program and may involve the separation of the student from the group, in a non-locked setting for the purpose of calming.

 

     2.    This act shall take effect immediately

 

 

STATEMENT

 

     This bill would prohibit the use of physical restraint or seclusion as a planned intervention written into a student's individualized education program (IEP) or a plan developed pursuant to section 504 of the federal Rehabilitation Act of 1973.  The bill provides, however, that a school district is permitted to establish policies and procedures for the general use of physical restraint or seclusion in its school safety and security plan.

     Physical restraint and seclusion have resulted in physical injury, psychological trauma, and death to students in school.  In addition, research confirms that physical restraint and seclusion are not therapeutic and are not effective practices for calming or teaching children.  By eliminating reference to physical restraint and seclusion from any student's IEP or 504 plan, this bill recognizes the right of all students to be treated with dignity and to attend a school which promotes a safe learning environment.