Florida Senate - 2018                              CS for SB 260
       By the Committee on Education; and Senators Book, Flores, and
       581-02903-18                                           2018260c1
    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; defining terms; providing requirements
    6         for the use of restraint; prohibiting specified
    7         physical restraint techniques; providing requirements
    8         for the use of exclusionary and nonexclusionary time;
    9         providing requirements for school districts to report
   10         and publish training procedures; providing for
   11         student-centered followup; providing requirements for
   12         documenting, reporting, and monitoring the use of
   13         restraint and exclusionary or nonexclusionary time;
   14         revising school district policies and procedures
   15         relating to restraint; amending s. 1012.582, F.S.;
   16         requiring continuing education and inservice training
   17         for teaching students with emotional or behavioral
   18         disabilities; conforming provisions to changes made by
   19         the act; providing an effective date.
   21  Be It Enacted by the Legislature of the State of Florida:
   23         Section 1. Section 1003.573, Florida Statutes, is amended
   24  to read:
   25         1003.573 Seclusion and Use of restraint of and seclusion on
   26  students with disabilities in public schools.—
   27         (1)DEFINITIONS.—As used in this section, the term:
   28         (a)“Department” means the Department of Education.
   29         (b)“Exclusionary time” means the period during which a
   30  student is removed from an event, activity, or instructional
   31  environment to encourage reflection on behavior and allow space
   32  and time for understanding of choices and consequences.
   33         (c)“Imminent risk of serious injury or death” means the
   34  impending risk of a significant injury, such as a laceration,
   35  bone fracture, substantial hematoma, or injury to an internal
   36  organ, or death.
   37         (d)“Medical protective equipment” means health-related
   38  protective devices prescribed by a physician or dentist for use
   39  as student protection in response to an existing medical
   40  condition.
   41         (e)“Nonexclusionary time” means a period during which a
   42  student remains in the event or instructional environment but is
   43  redirected from the activities so that he or she has an
   44  opportunity to reflect on the behavior and is given space and
   45  time for understanding of choices and consequences.
   46         (f) “Restraint” means the use of a mechanical or physical
   47  restraint which may be used only when all other behavioral
   48  strategies and intervention techniques have been exhausted.
   49         1.“Mechanical restraint” means the use of a device that
   50  restricts a student’s freedom of movement. The term includes,
   51  but is not limited to, the use of straps, belts, tie-downs, and
   52  chairs with straps; however, the term does not include the use
   53  of any of the following:
   54         a.Medical protective equipment.
   55         b.Behavioral protective equipment, including helmets,
   56  gloves, wraps, calming blankets, and other devices that are used
   57  temporarily to prevent severe tissue damage caused by behavioral
   58  excesses.
   59         c.Physical equipment or orthopedic appliances, surgical
   60  dressings or bandages, or supportive body bands or other
   61  restraints necessary for ongoing medical treatment in the
   62  educational setting.
   63         d.Devices used to support functional body position or
   64  proper balance, or to prevent a person from falling out of a bed
   65  or a wheelchair, except when such a device is used for a purpose
   66  other than supporting a body position or proper balance, such as
   67  coercion, discipline, convenience, or retaliation, to prevent
   68  imminent risk of serious injury or death of the student or
   69  others, or for any other behavior management reason.
   70         e.Equipment used for safety during transportation, such as
   71  seatbelts or wheelchair tie-downs.
   72         2.“Physical restraint” means the use of manual restraint
   73  techniques that involve significant physical force applied by a
   74  teacher or other staff member to restrict the movement of all or
   75  part of a student’s body.
   76         (g)“Seclusion” means the removal of a student from an
   77  educational environment, involuntarily confining the student in
   78  a room or area, and preventing the student from leaving the area
   79  by locking or artificially blocking the door. The term does not
   80  include exclusionary time.
   81         (h)“Student” means a student with a disability.
   82         (2)PHYSICAL RESTRAINT.—
   83         (a)Physical restraint may be used only when there is an
   84  imminent risk of serious injury or death to the student or
   85  others and only for the period of time necessary to eliminate
   86  such risk.
   87         (b)Notwithstanding the authority provided in s. 1003.32,
   88  physical restraint shall be used only to protect the safety of
   89  students, school personnel, or others and may not be used for
   90  student discipline, to correct student noncompliance, or for the
   91  convenience of school district staff. Physical restraint shall
   92  be used only for the period needed to provide such protection.
   93         (c)The degree of force applied during physical restraint
   94  must be only that degree of force necessary to protect the
   95  student or others from serious injury or death.
   96         (d)School personnel who have received training that is not
   97  associated with their employment with the school district, such
   98  as a former law enforcement officer who is now a teacher, shall
   99  receive training in the specific district-approved techniques
  100  and may not apply techniques or procedures acquired elsewhere.
  101         (e)School personnel may not use any of the following
  102  physical restraint techniques on a student:
  103         1.Pain inducement to obtain compliance.
  104         2.Bone locks.
  105         3.Hyperextension of joints.
  106         4.Peer restraint.
  107         5.Pressure or weight on the chest, lungs, sternum,
  108  diaphragm, back, or abdomen causing chest compression.
  109         6.Straddling or sitting on any part of the body or any
  110  maneuver that places pressure, weight, or leverage on the neck
  111  or throat, on an artery, or on the back of the head or neck or
  112  that otherwise obstructs or restricts the circulation of blood
  113  or obstructs an airway.
  114         7.Any type of choking, including hand chokes, and any type
  115  of neck or head hold.
  116         8.A technique that involves spraying or pushing anything
  117  on or into the mouth, nose, eyes, or any part of the face or
  118  that involves covering the face or body with anything, including
  119  soft objects such as pillows or washcloths.
  120         9.Any maneuver that involves punching, hitting, poking,
  121  pinching, or shoving.
  122         10. Prone or supine restraint.
  124         (a)School personnel may place a student in exclusionary or
  125  nonexclusionary time if all of the following conditions are met:
  126         1.The exclusionary or nonexclusionary time is part of a
  127  positive behavioral intervention plan developed for the student.
  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.
  188         (b)(a) A school shall prepare an incident report within 24
  189  hours after a student is released from restraint or exclusionary
  190  or nonexclusionary time seclusion. If the student’s release
  191  occurs on a day before the school closes for the weekend, a
  192  holiday, or another reason, the incident report must be
  193  completed by the end of the school day on the day the school
  194  reopens.
  195         (c)(b) The following must be included in the incident
  196  report:
  197         1. The name of the student restrained or placed in
  198  exclusionary or nonexclusionary time secluded.
  199         2. The age, grade, ethnicity, and disability of the student
  200  restrained or placed in exclusionary or nonexclusionary time
  201  secluded.
  202         3. The date and time of the event and the duration of the
  203  restraint or exclusionary or nonexclusionary time seclusion.
  204         4. The location at which the restraint or exclusionary or
  205  nonexclusionary time seclusion occurred.
  206         5. If a restraint is used, a description of the type of
  207  restraint used in terms established by the department of
  208  Education.
  209         6. The name of the person using or assisting in the
  210  restraint of or imposition of exclusionary or nonexclusionary
  211  time on seclusion of the student and the date the person was
  212  last trained in the use of restraint on students.
  213         7. The name of any nonstudent who was present to witness
  214  the restraint or exclusionary or nonexclusionary time seclusion.
  215         8. A description of the incident, including all of the
  216  following:
  217         a. The context in which the restraint or exclusionary or
  218  nonexclusionary time seclusion occurred.
  219         b. The student’s behavior leading up to and precipitating
  220  the decision to use manual or physical restraint or exclusionary
  221  or nonexclusionary time seclusion, including an indication as to
  222  why there was an imminent risk of serious injury or death to the
  223  student or others if a student was subject to restraint.
  224         c. The specific positive behavioral strategies used to
  225  prevent and deescalate the behavior.
  226         d. What occurred with the student immediately after the
  227  termination of the restraint or exclusionary or nonexclusionary
  228  time seclusion.
  229         e. Any injuries, visible marks, or possible medical
  230  emergencies that may have occurred during the restraint or
  231  exclusionary or nonexclusionary time seclusion, documented
  232  according to district policies.
  233         f. Evidence of steps taken to notify the student’s parent
  234  or guardian.
  235         (d)(c) A school shall notify the parent or guardian of a
  236  student each time manual or physical restraint or exclusionary
  237  or nonexclusionary time seclusion is used. Such notification
  238  must be in writing and provided before the end of the school day
  239  on which the restraint or exclusionary or nonexclusionary time
  240  seclusion occurs. Reasonable efforts must also be taken to
  241  notify the parent or guardian by telephone or computer e-mail,
  242  or both, and these efforts must be documented. The school shall
  243  obtain, and keep in its records, the parent’s or guardian’s
  244  signed acknowledgment that he or she was notified of his or her
  245  child’s restraint or exclusionary or nonexclusionary time
  246  seclusion.
  247         (e)(d) A school shall also provide the parent or guardian
  248  with the completed incident report in writing by mail within 3
  249  school days after a student was manually or physically
  250  restrained or placed in exclusionary or nonexclusionary time
  251  secluded. The school shall obtain, and keep in its records, the
  252  parent’s or guardian’s signed acknowledgment that he or she
  253  received a copy of the incident report.
  254         (7)(2) MONITORING.—
  255         (a) Monitoring of The use of manual or physical restraint
  256  or exclusionary or nonexclusionary time seclusion on students
  257  shall be monitored occur at the classroom, building, district,
  258  and state levels.
  259         (b) Any documentation prepared by a school pursuant to as
  260  required in subsection (6) (1) shall be provided to the school
  261  principal, the district director of Exceptional Student
  262  Education, and the bureau chief of the Bureau of Exceptional
  263  Education and Student Services electronically each month that
  264  the school is in session. Redacted copies of such documentation
  265  must be updated monthly and made available to the public through
  266  the department’s website no later than October 1, 2018.
  267         (c) The department shall maintain aggregate data of
  268  incidents of manual or physical restraint or exclusionary or
  269  nonexclusionary time and seclusion and disaggregate the data for
  270  analysis by county, school, student exceptionality, and other
  271  variables, including the type and method of restraint or
  272  exclusionary or nonexclusionary time seclusion used. This
  273  information must shall be updated monthly and made available to
  274  the public through the department’s website beginning no later
  275  than October 1, 2018.
  276         (d) The department shall establish and provide to school
  277  districts standards for documenting, reporting, and monitoring
  278  the use of manual or physical restraint or mechanical restraint,
  279  and occurrences of exclusionary or nonexclusionary time
  280  seclusion. These standards shall be provided to school districts
  281  by October 1, 2011.
  283  RESTRAINT.—
  284         (a) School districts shall develop policies and procedures
  285  that provide for the physical safety and security of all
  286  students and school personnel and which treat all students with
  287  respect and dignity in an environment that promotes a positive
  288  school culture and climate. Such Each school district shall
  289  develop policies and procedures must be that are consistent with
  290  this section and must that govern the following:
  291         1.A description of escalating behavioral strategies that
  292  may be used.
  293         2.Allowable use of restraint on students.
  294         3.Training procedures.
  295         4.1. Incident-reporting procedures.
  296         5.2. Data collection and monitoring, including when, where,
  297  and why students are restrained and or secluded; the frequency
  298  of occurrences of such restraint or seclusion; and the prone or
  299  mechanical restraint that is most used.
  300         6.3. Monitoring and reporting of data collected.
  301         7.4. Training programs and procedures relating to manual or
  302  physical restraint and seclusion.
  303         8.5. The district’s plan for selecting personnel to be
  304  trained and the timeframe for completing such training pursuant
  305  to subsection (4).
  306         9.6. The district’s plan for reducing the use of restraint,
  307  and seclusion particularly in settings in which it occurs
  308  frequently or with students who are restrained repeatedly, and
  309  for reducing the use of prone restraint and mechanical
  310  restraint. The plan must include a goal for reducing the use of
  311  restraint and seclusion and must include activities, skills, and
  312  resources needed to achieve that goal. Activities may include,
  313  but are not limited to, all of the following:
  314         a. Additional training in positive behavioral support and
  315  crisis management.;
  316         b. Parental involvement.;
  317         c. Data review.;
  318         d. Updates of students’ functional behavioral analysis and
  319  positive behavior intervention plans.;
  320         e. Additional student evaluations.;
  321         f. Debriefing with staff.;
  322         g. Use of schoolwide positive behavior support.; and
  323         h. Changes to the school environment.
  324         10.Analysis of data to determine trends.
  325         11.Ongoing reduction of the use of restraint.
  326         (b) Any revisions a school district makes to its to the
  327  district’s policies and procedures, which must be prepared as
  328  part of the school district’s its special policies and
  329  procedures, must be filed with the bureau chief of the Bureau of
  330  Exceptional Education and Student Services no later than January
  331  31, 2012.
  332         (9)(4) PROHIBITED RESTRAINT.—School personnel may not use a
  333  mechanical restraint or a manual or physical restraint that
  334  restricts a student’s breathing.
  335         (10)(5) SECLUSION.—School personnel may not place a student
  336  in seclusion close, lock, or physically block a student in a
  337  room that is unlit and does not meet the rules of the State Fire
  338  Marshal for seclusion time-out rooms.
  339         Section 2. Subsections (1) and (2) of section 1012.582,
  340  Florida Statutes, are amended to read:
  341         1012.582 Continuing education and inservice training for
  342  teaching students with developmental and emotional or behavioral
  343  disabilities.—
  344         (1) The Commissioner of Education shall develop
  345  recommendations to incorporate instruction regarding autism
  346  spectrum disorder, Down syndrome, and other developmental
  347  disabilities, and emotional or behavioral disabilities into
  348  continuing education or inservice training requirements for
  349  instructional personnel. These recommendations shall address:
  350         (a) Early identification of, and intervention for, students
  351  who have autism spectrum disorder, Down syndrome, or other
  352  developmental disabilities, or emotional or behavioral
  353  disabilities.
  354         (b) Curriculum planning and curricular and instructional
  355  modifications, adaptations, and specialized strategies and
  356  techniques.
  357         (c) The use of available state and local resources.
  358         (d) The use of positive behavioral supports to deescalate
  359  problem behaviors.
  360         (e) Appropriate use of manual physical restraint and
  361  effective classroom behavior management strategies, including,
  362  but not limited to, differential reinforcement, precision
  363  commands, minimizing attention or access to other reinforcers,
  364  and exclusionary and nonexclusionary time methods seclusion
  365  techniques.
  366         (2) In developing the recommendations, the commissioner
  367  shall consult with the State Surgeon General, the Director of
  368  the Agency for Persons with Disabilities, representatives from
  369  the education community in the state, and representatives from
  370  entities that promote awareness about autism spectrum disorder,
  371  Down syndrome, and other developmental disabilities, and
  372  emotional or behavioral disabilities and provide programs and
  373  services to persons with developmental disabilities, including,
  374  but not limited to, regional autism centers pursuant to s.
  375  1004.55.
  376         Section 3. This act shall take effect July 1, 2018.