Florida Senate - 2018                                     SB 260
       By Senator Book
       32-00358-18                                            2018260__
    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 seclusion and restraint of students with
    5         disabilities; providing definitions; providing
    6         requirements for the use of restraint; prohibiting
    7         specified physical restraint techniques; providing
    8         requirements for the use of exclusionary and
    9         nonexclusionary time; providing requirements for
   10         school districts to report and publish training
   11         procedures; providing for student-centered followup;
   12         providing requirements for documenting, reporting, and
   13         monitoring the use of restraint and seclusion;
   14         revising school district policies and procedures
   15         relating to restraint and seclusion; amending s.
   16         1012.582, F.S.; requiring continuing education and
   17         inservice training for teaching students with
   18         emotional or behavioral disabilities; conforming
   19         provisions to changes made by the act; providing an
   20         effective date.
   22  Be It Enacted by the Legislature of the State of Florida:
   24         Section 1. Section 1003.573, Florida Statutes, is amended
   25  to read:
   26         1003.573 Seclusion and Use of restraint of and seclusion on
   27  students with disabilities in public schools.—
   28         (1)DEFINITIONS.—As used in this section, the term:
   29         (a)“Department” means the Department of Education.
   30         (b)“Exclusionary time” means the period during which a
   31  student is removed from an event, activity, or instructional
   32  environment to encourage reflection on behavior and allow space
   33  and time for understanding of choices and consequences.
   34         (c)“Imminent risk of serious injury or death” means the
   35  impending risk of a significant injury, such as a laceration,
   36  bone fracture, substantial hematoma, or injury to an internal
   37  organ, or death.
   38         (d)“Medical protective equipment” means health-related
   39  protective devices prescribed by a physician or dentist for use
   40  as student protection in response to an existing medical
   41  condition.
   42         (e)“Nonexclusionary time” means a period during which a
   43  student remains in the event or instructional environment but is
   44  redirected from the activities so that he or she has an
   45  opportunity to reflect on the behavior and is given space and
   46  time for understanding of choices and consequences.
   47         (f) “Restraint” means the use of a mechanical or physical
   48  restraint which may be used only when all other behavioral
   49  strategies and intervention techniques have been exhausted.
   50         1.“Mechanical restraint” means the use of a device that
   51  restricts a student’s freedom of movement. The term does not
   52  include the use of any of the following:
   53         a.Medical protective equipment.
   54         b.Behavioral protective equipment, including helmets,
   55  gloves, wraps, and other devices that are used temporarily to
   56  prevent severe tissue damage caused by behavioral excesses.
   57         c.Physical equipment or orthopedic appliances, surgical
   58  dressings or bandages, or supportive body bands or other
   59  restraints necessary for ongoing medical treatment in the
   60  educational setting.
   61         d.Devices used to support functional body position or
   62  proper balance, or to prevent a person from falling out of a bed
   63  or a wheelchair, except when such a device is used for a purpose
   64  other than supporting a body position or proper balance, such as
   65  coercion, discipline, convenience, or retaliation, to prevent
   66  imminent risk of serious injury or death of the student or
   67  others, or for any other behavior management reason.
   68         e.Equipment used for safety during transportation, such as
   69  seatbelts or wheelchair tie-downs.
   70         2.“Physical restraint” means the use of manual restraint
   71  techniques that involve significant physical force applied by a
   72  teacher or other staff member to restrict the movement of all or
   73  part of a student’s body.
   74         (g)“Seclusion” means the removal of a student from an
   75  educational environment, involuntarily confining the student in
   76  a room or area, and preventing the student from leaving the area
   77  by locking or artificially blocking the door. The term does not
   78  include exclusionary time.
   79         (h)“Student” means a student with a functional behavioral
   80  assessment and an individualized behavior intervention plan.
   81         (2)PHYSICAL RESTRAINT.—
   82         (a)Physical restraint may be used only when there is an
   83  imminent risk of serious injury or death to the student or
   84  others and only for the period of time necessary to eliminate
   85  such risk.
   86         (b)Notwithstanding the authority provided in s. 1003.32,
   87  physical restraint shall be used only to protect the safety of
   88  students, school personnel, or others and may not be used for
   89  student discipline, to correct student noncompliance, or for the
   90  convenience of school district staff. Physical restraint shall
   91  be used only for the period needed to provide such protection.
   92         (c)The degree of force applied during physical restraint
   93  must be only that degree of force necessary to protect the
   94  student or others from serious injury or death.
   95         (d)School personnel who have received training that is not
   96  associated with their employment with the school district, such
   97  as a former law enforcement officer who is now a teacher, shall
   98  receive training in the specific district-approved techniques
   99  and may not apply techniques or procedures acquired elsewhere.
  100         (e)School personnel may not use any of the following
  101  physical restraint techniques on a student:
  102         1.Pain inducement to obtain compliance.
  103         2.Bone locks.
  104         3.Hyperextension of joints.
  105         4.Peer restraint.
  106         5.Pressure or weight on the chest, lungs, sternum,
  107  diaphragm, back, or abdomen causing chest compression.
  108         6.Straddling or sitting on any part of the body or any
  109  maneuver that places pressure, weight, or leverage on the neck
  110  or throat, on an artery, or on the back of the head or neck or
  111  that otherwise obstructs or restricts the circulation of blood
  112  or obstructs an airway.
  113         7.Any type of choking, including hand chokes, and any type
  114  of neck or head hold.
  115         8.A technique that involves spraying or pushing anything
  116  on or into the mouth, nose, eyes, or any part of the face or
  117  that involves covering the face or body with anything, including
  118  soft objects such as pillows or washcloths.
  119         9.Any maneuver that involves punching, hitting, poking,
  120  pinching, or shoving.
  122         (a)School personnel may place a student in exclusionary or
  123  nonexclusionary time if all of the following conditions are met:
  124         1.The exclusionary or nonexclusionary time is part of a
  125  positive behavioral intervention plan developed for the student
  126  from a functional behavioral assessment and referenced in the
  127  student’s individualized behavior intervention plan.
  128         2.There is documentation that the exclusionary or
  129  nonexclusionary time was preceded by the use of other positive
  130  behavioral supports that were not effective.
  131         3.The exclusionary or nonexclusionary time takes place in
  132  a classroom or in another environment where class educational
  133  activities are taking place.
  134         4.The student is not physically prevented from leaving the
  135  exclusionary or nonexclusionary time area.
  136         5.The student is observed on a constant basis by an adult
  137  for the duration of the exclusionary or nonexclusionary time.
  138         6.The exclusionary or nonexclusionary time area and
  139  process are free of any action that is likely to embarrass or
  140  humiliate the student.
  141         (b)Exclusionary or nonexclusionary time may not be used
  142  for a period that exceeds 1 minute for each year of a student’s
  143  age or until the student is calm enough to return to his or her
  144  seat.
  145         (c)Exclusionary or nonexclusionary time may not be used as
  146  a punishment or negative consequence of a student’s behavior.
  147         (4)TRAINING.—
  148         (a)Each school district shall report its procedures for
  149  training in the use of restraint to the department by publishing
  150  the procedures in the district’s special policies and procedures
  151  manual.
  152         (b)Training in the use of restraint must include all of
  153  the following:
  154         1.Procedures for deescalating a problem behavior before
  155  the problem behavior increases to a level or intensity
  156  necessitating physical intervention.
  157         2.Information regarding the risks associated with
  158  restraint and procedures for assessing individual situations and
  159  students in order to determine whether the use of restraint is
  160  appropriate and sufficiently safe.
  161         3.The actual use of specific techniques that range from
  162  the least to most restrictive, with ample opportunity for
  163  trainees to demonstrate proficiency in the use of such
  164  techniques.
  165         4.Techniques for implementing restraint with multiple
  166  staff members working as a team.
  167         5.Techniques for assisting a student in reentering the
  168  instructional environment and reengaging in learning.
  169         6.Instruction in the district’s documentation and
  170  reporting requirements.
  171         7.Procedures to identify and deal with possible medical
  172  emergencies arising during the use of restraint.
  173         8.Cardiopulmonary resuscitation.
  174         (5)STUDENT-CENTERED FOLLOWUP.—If a student is restrained
  175  more than twice during a semester, the school shall conduct a
  176  review of:
  177         (a)The incidents in which restraint was used and an
  178  analysis of how future incidents may be avoided;
  179         (b)The student’s functional behavioral assessment and
  180  positive behavioral intervention plan by the school personnel
  181  and parent within two weeks before the end of the semester; and
  182         (c)The training provided to school personnel concerning
  183  the use of restraint.
  184         (6)(1) DOCUMENTATION AND REPORTING.—
  185         (a)At the beginning of each school year, a school district
  186  shall publicly post its policies on all emergency procedures,
  187  including its policies on the use of restraint and seclusion.
  188         (b)(a) A school shall prepare an incident report within 24
  189  hours after a student is released from restraint or seclusion.
  190  If the student’s release occurs on a day before the school
  191  closes for the weekend, a holiday, or another reason, the
  192  incident report must be completed by the end of the school day
  193  on the day the school reopens.
  194         (c)(b) The following must be included in the incident
  195  report:
  196         1. The name of the student restrained or secluded.
  197         2. The age, grade, ethnicity, and disability of the student
  198  restrained or secluded.
  199         3. The date and time of the event and the duration of the
  200  restraint or seclusion.
  201         4. The location at which the restraint or seclusion
  202  occurred.
  203         5. A description of the type of restraint used in terms
  204  established by the department of Education.
  205         6. The name of the person using or assisting in the
  206  restraint or seclusion of the student and the date the person
  207  was last trained in the use of restraint on students.
  208         7. The name of any nonstudent who was present to witness
  209  the restraint or seclusion.
  210         8. A description of the incident, including all of the
  211  following:
  212         a. The context in which the restraint or seclusion
  213  occurred.
  214         b. The student’s behavior leading up to and precipitating
  215  the decision to use manual or physical restraint or seclusion,
  216  including an indication as to why there was an imminent risk of
  217  serious injury or death to the student or others.
  218         c. The specific positive behavioral strategies used to
  219  prevent and deescalate the behavior.
  220         d. What occurred with the student immediately after the
  221  termination of the restraint or seclusion.
  222         e. Any injuries, visible marks, or possible medical
  223  emergencies that may have occurred during the restraint or
  224  seclusion, documented according to district policies.
  225         f. Evidence of steps taken to notify the student’s parent
  226  or guardian.
  227         (d)(c) A school shall notify the parent or guardian of a
  228  student each time manual or physical restraint or seclusion is
  229  used. Such notification must be in writing and provided before
  230  the end of the school day on which the restraint or seclusion
  231  occurs. Reasonable efforts must also be taken to notify the
  232  parent or guardian by telephone or computer e-mail, or both, and
  233  these efforts must be documented. The school shall obtain, and
  234  keep in its records, the parent’s or guardian’s signed
  235  acknowledgment that he or she was notified of his or her child’s
  236  restraint or seclusion.
  237         (e)(d) A school shall also provide the parent or guardian
  238  with the completed incident report in writing by mail within 3
  239  school days after a student was manually or physically
  240  restrained or secluded. The school shall obtain, and keep in its
  241  records, the parent’s or guardian’s signed acknowledgment that
  242  he or she received a copy of the incident report.
  243         (7)(2) MONITORING.—
  244         (a) Monitoring of The use of manual or physical restraint
  245  or seclusion on students shall be monitored occur at the
  246  classroom, building, district, and state levels.
  247         (b) Any documentation prepared by a school pursuant to as
  248  required in subsection (6) (1) shall be provided to the school
  249  principal, the district director of Exceptional Student
  250  Education, and the bureau chief of the Bureau of Exceptional
  251  Education and Student Services electronically each month that
  252  the school is in session.
  253         (c) The department shall maintain aggregate data of
  254  incidents of manual or physical restraint and seclusion and
  255  disaggregate the data for analysis by county, school, student
  256  exceptionality, and other variables, including the type and
  257  method of restraint or seclusion used. This information shall be
  258  updated monthly and made available to the public through the
  259  department’s website beginning no later than October 1, 2018.
  260         (d) The department shall establish standards for
  261  documenting, reporting, and monitoring the use of manual or
  262  physical restraint or mechanical restraint, and occurrences of
  263  seclusion. These standards shall be provided to school districts
  264  by October 1, 2011.
  266         (a) School districts shall develop policies and procedures
  267  that provide for the physical safety and security of all
  268  students and school personnel and which treat all students with
  269  respect and dignity in an environment that promotes a positive
  270  school culture and climate. Such Each school district shall
  271  develop policies and procedures must be that are consistent with
  272  this section and must that govern the following:
  273         1.A description of escalating behavioral strategies that
  274  may be used.
  275         2.Allowable use of restraint on students.
  276         3.Training procedures.
  277         4.1. Incident-reporting procedures.
  278         5.2. Data collection and monitoring, including when, where,
  279  and why students are restrained and or secluded; the frequency
  280  of occurrences of such restraint or seclusion; and the prone or
  281  mechanical restraint that is most used.
  282         6.3. Monitoring and reporting of data collected.
  283         7.4. Training programs and procedures relating to manual or
  284  physical restraint and seclusion.
  285         8.5. The district’s plan for selecting personnel to be
  286  trained and the timeframe for completing such training pursuant
  287  to subsection (4).
  288         9.6. The district’s plan for reducing the use of restraint,
  289  and seclusion particularly in settings in which it occurs
  290  frequently or with students who are restrained repeatedly, and
  291  for reducing the use of prone restraint and mechanical
  292  restraint. The plan must include a goal for reducing the use of
  293  restraint and seclusion and must include activities, skills, and
  294  resources needed to achieve that goal. Activities may include,
  295  but are not limited to, all of the following:
  296         a. Additional training in positive behavioral support and
  297  crisis management.;
  298         b. Parental involvement.;
  299         c. Data review.;
  300         d. Updates of students’ functional behavioral analysis and
  301  positive behavior intervention plans.;
  302         e. Additional student evaluations.;
  303         f. Debriefing with staff.;
  304         g. Use of schoolwide positive behavior support.; and
  305         h. Changes to the school environment.
  306         10.Analysis of data to determine trends.
  307         11.Ongoing reduction of the use of restraint.
  308         (b) Any revisions a school district makes to its to the
  309  district’s policies and procedures, which must be prepared as
  310  part of the school district’s its special policies and
  311  procedures, must be filed with the bureau chief of the Bureau of
  312  Exceptional Education and Student Services no later than January
  313  31, 2012.
  314         (9)(4) PROHIBITED RESTRAINT.—School personnel may not use
  315  straitjackets or a mechanical restraint or a manual or physical
  316  restraint that restricts a student’s breathing.
  317         (10)(5) SECLUSION.—School personnel may not place a student
  318  in seclusion close, lock, or physically block a student in a
  319  room that is unlit and does not meet the rules of the State Fire
  320  Marshal for seclusion time-out rooms.
  321         Section 2. Subsections (1) and (2) of section 1012.582,
  322  Florida Statutes, are amended to read:
  323         1012.582 Continuing education and inservice training for
  324  teaching students with developmental and emotional or behavioral
  325  disabilities.—
  326         (1) The Commissioner of Education shall develop
  327  recommendations to incorporate instruction regarding autism
  328  spectrum disorder, Down syndrome, and other developmental
  329  disabilities, and emotional or behavioral disabilities into
  330  continuing education or inservice training requirements for
  331  instructional personnel. These recommendations shall address:
  332         (a) Early identification of, and intervention for, students
  333  who have autism spectrum disorder, Down syndrome, or other
  334  developmental disabilities, or emotional or behavioral
  335  disabilities.
  336         (b) Curriculum planning and curricular and instructional
  337  modifications, adaptations, and specialized strategies and
  338  techniques.
  339         (c) The use of available state and local resources.
  340         (d) The use of positive behavioral supports to deescalate
  341  problem behaviors.
  342         (e) Appropriate use of manual physical restraint and
  343  seclusion techniques and effective classroom behavior management
  344  strategies, including, but not limited to, differential
  345  reinforcement, precision commands, minimizing attention or
  346  access to other reinforcers, and exclusionary and
  347  nonexclusionary time methods.
  348         (2) In developing the recommendations, the commissioner
  349  shall consult with the State Surgeon General, the Director of
  350  the Agency for Persons with Disabilities, representatives from
  351  the education community in the state, and representatives from
  352  entities that promote awareness about autism spectrum disorder,
  353  Down syndrome, and other developmental disabilities, and
  354  emotional or behavioral disabilities and provide programs and
  355  services to persons with developmental disabilities, including,
  356  but not limited to, regional autism centers pursuant to s.
  357  1004.55.
  358         Section 3. This act shall take effect July 1, 2018.