Florida Senate - 2017                                     SB 810
       By Senator Stewart
       13-01056-17                                            2017810__
    1                        A bill to be entitled                      
    2         An act relating to students with disabilities in
    3         public schools; amending s. 1003.573, F.S., relating
    4         to the use, prevention, and reduction of restraint and
    5         seclusion on students with disabilities; providing
    6         definitions; providing a legislative finding;
    7         providing requirements for the use of physical
    8         restraint; prohibiting the use of physical restraint
    9         by school personnel who are not certified to use
   10         district-approved methods for applying restraint
   11         techniques; prohibiting specified physical restraint
   12         techniques; providing requirements for the use of
   13         seclusion and time-out; providing requirements for
   14         training and certification in the use of physical
   15         restraint and seclusion; providing for student
   16         centered followup; providing requirements for
   17         documenting, reporting, and monitoring the use of
   18         physical restraint and seclusion; revising school
   19         district policies and procedures relating to physical
   20         restraint and seclusion; amending s. 1012.582, F.S.;
   21         requiring continuing education and inservice training
   22         for teaching students with emotional or behavioral
   23         disabilities; conforming provisions; providing an
   24         effective date.
   26  Be It Enacted by the Legislature of the State of Florida:
   28         Section 1. Section 1003.573, Florida Statutes, is amended
   29  to read:
   30         1003.573 Use, prevention, and reduction of restraint and
   31  seclusion on students with disabilities in public schools.—
   32         (1)DEFINITIONS.—As used in this section, the term:
   33         (a)“Behavioral protective equipment” means equipment used
   34  by appropriately certified professionals to prevent external or
   35  internal tissue damage caused by chronic self-injurious or self
   36  stimulatory behavior.
   37         (b)“Department” means the Department of Education.
   38         (c)“Mechanical restraint” means the use of a physical
   39  device that restricts a student’s body. The term includes the
   40  use of straps, belts, tie-downs, calming blankets, mats, and
   41  chairs with straps. However, the term does not include the use
   42  of:
   43         1.Medical protective equipment.
   44         2.Behavioral protective equipment, including helmets,
   45  gloves, wraps, and other devices that are used temporarily to
   46  prevent severe tissue damage caused by behavioral excesses.
   47         3.Physical equipment or orthopedic appliances, surgical
   48  dressings or bandages, or supportive body bands or other
   49  restraints necessary for ongoing medical treatment in the
   50  educational setting.
   51         4.Devices used to support functional body position or
   52  proper balance, or to prevent a person from falling out of a bed
   53  or a wheelchair, except when such a device is used for a purpose
   54  other than supporting a body position or proper balance, such as
   55  coercion, discipline, convenience, or retaliation, to prevent
   56  imminent risk of serious injury or death of the student or
   57  others, or for any other behavior management reason.
   58         5.Equipment used for safety during transportation, such as
   59  seatbelts or wheelchair tie-downs.
   60         (d)“Medical protective equipment” means health-related
   61  protective devices prescribed by a physician or dentist for use
   62  as student protection in response to an existing medical
   63  condition.
   64         (e)“Physical restraint” means the use of manual restraint
   65  techniques that involve significant physical force applied by a
   66  teacher or other staff member to restrict the movement of all or
   67  part of a student’s body.
   68         (f)“Seclusion” means removing a student from an
   69  educational environment, involuntarily confining the student
   70  alone in a room or area, and preventing the student from leaving
   71  the room or area if achieved by locking the door or otherwise
   72  physically blocking the student’s way, threatening physical
   73  force or other consequences, or using physical force. The term
   74  does not include the use of time-out.
   75         (g)“Student” means a student with a disability.
   76         (h)“Time-out” means a procedure in which access to varied
   77  sources of reinforcement is removed or reduced for a particular
   78  time period contingent on a response. In exclusionary time-out,
   79  a student is contingently removed from the reinforcing
   80  environment for a brief, stipulated duration. In nonexclusionary
   81  time-out, a student remains in the environment, educational
   82  activities are continued, and the reinforcer is contingently
   83  removed for a brief, stipulated duration.
   84         (2)LEGISLATIVE FINDING.—The Legislature finds that public
   85  schools have a responsibility to treat each student with respect
   86  and dignity in an environment that provides for the physical
   87  safety and security of students and others.
   88         (3)PHYSICAL RESTRAINT.—
   89         (a)Physical restraint shall be used only to protect the
   90  safety of students or others or prevent the destruction of
   91  property and may not be used for student discipline, to correct
   92  student noncompliance, or for the convenience of school district
   93  staff. Physical restraint shall be used only for the period
   94  needed to provide such protection or prevent the destruction of
   95  property.
   96         (b)The degree of force applied during physical restraint
   97  must be only that degree of force necessary to protect the
   98  student or others from bodily injury.
   99         (c)Physical restraint shall be used only by school
  100  personnel who are certified to use the district-approved methods
  101  for the appropriate application of specific restraint
  102  techniques. School personnel who have received training that is
  103  not associated with their employment with the school district,
  104  such as a former law enforcement officer who is now a teacher,
  105  shall be trained and certified in the specific district-approved
  106  techniques and may not apply techniques or procedures acquired
  107  elsewhere.
  108         (d)School personnel may not use any of the following
  109  physical restraint techniques on a student:
  110         1.Pain inducement to obtain compliance.
  111         2.Bone locks.
  112         3.Hyperextension of joints.
  113         4.Peer restraint.
  114         5.Pressure or weight on the chest, lungs, sternum,
  115  diaphragm, back, or abdomen, causing chest compression.
  116         6.Straddling or sitting on any part of the body or a
  117  maneuver that places pressure, weight, or leverage on the neck
  118  or throat, on an artery, or on the back of the student’s head or
  119  neck or that otherwise obstructs or restricts the circulation of
  120  blood or obstructs an airway.
  121         7.Any type of choking, including hand chokes, and any type
  122  of neck or head hold.
  123         8.A technique that involves pushing anything on or into
  124  the student’s mouth, nose, eyes, or any part of the face or that
  125  involves covering the face or body with anything, including soft
  126  objects such as pillows or washcloths.
  127         9.A maneuver that involves punching, hitting, poking,
  128  pinching, or shoving.
  129         10.Water or lemon sprays.
  130         (e)Prone restraint or mechanical restraint should be used
  131  only when serious bodily injury or death of a student or others
  132  is imminent.
  133         (4)SECLUSION; TIME-OUT.—
  134         (a)School personnel may only place a student in seclusion
  135  when proper training and safeguards are in place. School
  136  personnel may not close, lock, or physically block a student in
  137  a room that is unlit and does not meet the rules of the State
  138  Fire Marshal for seclusion time-out rooms.
  139         (b)School personnel may place a student in exclusionary
  140  time-out if the following conditions are met:
  141         1.The exclusionary time-out is part of a positive behavior
  142  intervention plan developed for the student from a functional
  143  behavioral assessment and referenced in the student’s individual
  144  education plan.
  145         2.There is documentation that the exclusionary time-out
  146  was preceded by the use of other positive behavioral supports
  147  that were not effective.
  148         3.The exclusionary time-out takes place in a classroom or
  149  in another environment where educational class activities are
  150  available.
  151         4.The student is observed on a constant basis by an adult
  152  for the duration of the exclusionary time-out.
  153         5.The exclusionary time-out area and process are free of
  154  any action that is likely to embarrass or humiliate the student.
  155         6.The exclusionary time-out area is not locked.
  157  If exclusionary or nonexclusionary time-out is applied
  158  frequently or for more than a brief duration, the school shall
  159  review the student’s functional behavioral assessment and
  160  individualized behavior intervention plan. A time-out setting
  161  may not be locked, and threats or excessive physical force may
  162  not be used to implement time-out.
  165         (a)Each school district shall report its training and
  166  certification procedures to the department by publishing the
  167  procedures in the district’s special policies and procedures
  168  manual.
  169         (b)Training for certification in the use of physical
  170  restraint must include:
  171         1.Techniques for serving students in a trauma-informed
  172  environment.
  173         2.Procedures for deescalating a problem behavior before
  174  the behavior increases to a level or intensity necessitating
  175  physical intervention.
  176         3.Information regarding the risks associated with physical
  177  restraint and seclusion and procedures for assessing individual
  178  situations and students to determine whether the use of physical
  179  restraint or seclusion is appropriate and sufficiently safe.
  180         4.The actual use of specific techniques that range from
  181  the least to most restrictive, with ample opportunity for
  182  trainees to demonstrate proficiency in the use of such
  183  techniques.
  184         5.Techniques for implementing physical restraint and
  185  seclusion with multiple staff members working as a team.
  186         6.Techniques for assisting a student in reentering the
  187  instructional environment and reengaging in learning.
  188         7.Instruction in the district’s documentation and
  189  reporting requirements.
  190         8.Procedures to identify and deal with possible medical
  191  emergencies arising during the use of physical restraint or
  192  seclusion.
  193         (c)Training completed in a training program that
  194  emphasizes the use of prone restraint or mechanical restraint as
  195  a primary technique for managing a crisis situation does not
  196  satisfy the requirements of paragraph (b).
  197         (d)Each school district shall provide refresher training
  198  courses in physical restraint and seclusion techniques at least
  199  annually to all staff members who have successfully completed
  200  the training and certification program. The district must
  201  identify those persons to be trained and maintain a record that
  202  includes the name and position of the person trained and the
  203  date of the person’s most recent training.
  204         (e)School district policies regarding the use of physical
  205  restraint and seclusion must address whether it is appropriate
  206  for an employee working in a specific setting, such as a school
  207  bus driver, school bus aide, job coach, employment specialist,
  208  or cafeteria worker, to be trained and certified in physical
  209  restraint and seclusion techniques.
  210         (6)STUDENT-CENTERED FOLLOWUP.—If a student is physically
  211  restrained or secluded more than twice during a semester, the
  212  school shall review the student’s functional behavioral
  213  assessment and individualized behavior intervention plan.
  214         (7)(1) DOCUMENTATION AND REPORTING.—
  215         (a)At the beginning of each school year, a school district
  216  shall publicly post its policies on all emergency procedures,
  217  including its policies on the use of physical restraint and
  218  seclusion.
  219         (b)(a) A school shall prepare an incident report within 24
  220  hours after a student is released from physical restraint or
  221  seclusion. If the student’s release occurs on a day before the
  222  school closes for the weekend, a holiday, or another reason, the
  223  incident report must be completed by the end of the school day
  224  on the day the school reopens.
  225         (c)(b) The following must be included in the incident
  226  report:
  227         1. The name of the student physically restrained or
  228  secluded.
  229         2. The age, grade, ethnicity, and disability of the student
  230  restrained or secluded.
  231         3. The date and time of the event and the duration of the
  232  restraint or seclusion.
  233         4. The location at which the restraint or seclusion
  234  occurred.
  235         5. A description of the type of restraint used in terms
  236  established by the department of Education.
  237         6. The name of the person using or assisting in the
  238  restraint or seclusion of the student.
  239         7. The name of any nonstudent who was present to witness
  240  the restraint or seclusion.
  241         8. A description of the incident, including:
  242         a. The context in which the restraint or seclusion
  243  occurred.
  244         b. The student’s behavior leading up to and precipitating
  245  the decision to use manual or physical restraint or seclusion,
  246  including an indication as to why there was an imminent risk of
  247  serious injury or death to the student or others.
  248         c. The specific positive behavioral strategies used to
  249  prevent and deescalate the behavior.
  250         d. What occurred with the student immediately after the
  251  termination of the restraint or seclusion.
  252         e. Any injuries, visible marks, or possible medical
  253  emergencies that may have occurred during the restraint or
  254  seclusion, documented according to district policies.
  255         f. Evidence of steps taken to notify the student’s parent
  256  or guardian.
  257         (d)(c) A school shall notify the parent or guardian of a
  258  student each time manual or physical restraint or seclusion is
  259  used. Such notification must be in writing and provided before
  260  the end of the school day on which the restraint or seclusion
  261  occurs. Reasonable efforts must also be taken to notify the
  262  parent or guardian by telephone or computer e-mail, or both, and
  263  these efforts must be documented. The school shall obtain, and
  264  keep in its records, the parent’s or guardian’s signed
  265  acknowledgment that he or she was notified of his or her child’s
  266  restraint or seclusion.
  267         (e)(d) A school shall also provide the parent or guardian
  268  with the completed incident report in writing by mail within 3
  269  school days after a student was manually or physically
  270  restrained or secluded. The school shall obtain, and keep in its
  271  records, the parent’s or guardian’s signed acknowledgment that
  272  he or she received a copy of the incident report.
  273         (8)(2) MONITORING.—
  274         (a) Monitoring of The use of manual or physical restraint
  275  or seclusion on students shall be monitored occur at the
  276  classroom, building, district, and state levels.
  277         (b) Documentation prepared by a school pursuant to as
  278  required in subsection (7) (1) shall be provided to the school
  279  principal, the district director of Exceptional Student
  280  Education, and the bureau chief of the Bureau of Exceptional
  281  Education and Student Services electronically each month that
  282  the school is in session.
  283         (c) The department shall maintain aggregate data of
  284  incidents of manual or physical restraint and seclusion and
  285  disaggregate the data for analysis by school district county,
  286  school of instruction, student exceptionality, and other
  287  variables, including the type and method of restraint or
  288  seclusion used. This information shall be updated monthly and
  289  made available to the public through the department’s website
  290  beginning January 31, 2018.
  291         (d) The department shall establish standards for
  292  documenting, reporting, and monitoring the use of manual or
  293  physical restraint or mechanical restraint, and occurrences of
  294  seclusion. These standards shall be provided to school districts
  295  by October 1, 2011.
  297         (a) Each school district shall develop policies and
  298  procedures that are consistent with this section and that govern
  299  the following:
  300         1.Allowable use of physical restraint or seclusion on
  301  students.
  302         2.Personnel authorized to use physical restraint or
  303  seclusion.
  304         3.Training procedures.
  305         4.1. Incident-reporting procedures.
  306         5.2. Data collection and monitoring, including when, where,
  307  and why students are restrained or secluded; the frequency of
  308  occurrences of such restraint or seclusion; and the prone or
  309  mechanical restraint that is most used.
  310         6.3. Monitoring and reporting of data collected.
  311         7.4. Training programs relating to manual or physical
  312  restraint and seclusion.
  313         8.5. The district’s plan for selecting personnel to be
  314  trained.
  315         9.6. The district’s plan for reducing the use of restraint
  316  and seclusion particularly in settings in which it occurs
  317  frequently or with students who are restrained repeatedly, and
  318  for reducing the use of prone restraint and mechanical
  319  restraint. The plan must include a goal for reducing the use of
  320  restraint and seclusion and must include activities, skills, and
  321  resources needed to achieve that goal. Activities may include,
  322  but are not limited to:
  323         a. Additional training in positive behavioral support and
  324  crisis management;
  325         b. Parental involvement;
  326         c. Data review;
  327         d. Updates of students’ functional behavioral analysis and
  328  positive behavior intervention plans;
  329         e. Additional student evaluations;
  330         f. Debriefing with staff;
  331         g. Use of schoolwide positive behavioral behavior support;
  332  and
  333         h. Changes to the school environment.
  334         10.Analysis of data to determine trends.
  335         11.Ongoing reduction of the use of physical restraint and
  336  seclusion.
  337         (b) Any revisions a school district makes to its to the
  338  district’s policies and procedures, which are must be prepared
  339  as part of the school district’s its special policies and
  340  procedures, must be filed with the bureau chief of the Bureau of
  341  Exceptional Education and Student Services no later than January
  342  31, 2012.
  343         (4)PROHIBITED RESTRAINT.—School personnel may not use a
  344  mechanical restraint or a manual or physical restraint that
  345  restricts a student’s breathing.
  346         (5)SECLUSION.—School personnel may not close, lock, or
  347  physically block a student in a room that is unlit and does not
  348  meet the rules of the State Fire Marshal for seclusion time-out
  349  rooms.
  350         Section 2. Subsections (1) and (2) of section 1012.582,
  351  Florida Statutes, are amended to read:
  352         1012.582 Continuing education and inservice training for
  353  teaching students with developmental and emotional or behavioral
  354  disabilities.—
  355         (1) The Commissioner of Education shall develop
  356  recommendations to incorporate instruction regarding autism
  357  spectrum disorder, Down syndrome, and other developmental
  358  disabilities, and emotional or behavioral disabilities into
  359  continuing education or inservice training requirements for
  360  instructional personnel. These recommendations shall address:
  361         (a) Early identification of, and intervention for, students
  362  who have autism spectrum disorder, Down syndrome, or other
  363  developmental disabilities, or emotional or behavioral
  364  disabilities.
  365         (b) Curriculum planning and curricular and instructional
  366  modifications, adaptations, and specialized strategies and
  367  techniques.
  368         (c) The use of available state and local resources.
  369         (d) The use of positive behavioral supports to deescalate
  370  problem behaviors.
  371         (e) Appropriate use of manual physical restraint and
  372  seclusion techniques and effective classroom behavior management
  373  strategies, including, but not limited to, differential
  374  reinforcement, precision commands, minimizing attention or
  375  access to other reinforcers, and time-out methods.
  376         (2) In developing the recommendations, the commissioner
  377  shall consult with the State Surgeon General, the Director of
  378  the Agency for Persons with Disabilities, representatives from
  379  the education community in the state, and representatives from
  380  entities that promote awareness about autism spectrum disorder,
  381  Down syndrome, and other developmental disabilities, and
  382  emotional or behavioral disabilities and provide programs and
  383  services to persons with developmental disabilities, including,
  384  but not limited to, regional autism centers pursuant to s.
  385  1004.55.
  386         Section 3. This act shall take effect July 1, 2017.