Florida Senate - 2018                          SENATOR AMENDMENT
       Bill No. CS/HB 63, 1st Eng.
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                Floor: 1/AD/2R         .           Floor: RC            
             03/07/2018 01:52 PM       .      03/09/2018 06:26 PM       

       Senator Book moved the following:
    1         Senate Amendment (with title amendment)
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 1003.573, Florida Statutes, is amended
    6  to read:
    7         1003.573 Seclusion and Use of restraint of and seclusion on
    8  students with disabilities in public schools.—
    9         (1)DEFINITIONS.—As used in this section, the term:
   10         (a)“Department” means the Department of Education.
   11         (b)“Exclusionary time” means the period during which a
   12  student is removed from an event, activity, or instructional
   13  environment to encourage reflection on behavior and allow space
   14  and time for understanding of choices and consequences.
   15         (c)“Imminent risk of serious injury or death” means the
   16  impending risk of a significant injury, such as a laceration,
   17  bone fracture, substantial hematoma, or injury to an internal
   18  organ, or death.
   19         (d)“Medical protective equipment” means health-related
   20  protective devices prescribed by a physician or dentist for use
   21  as student protection in response to an existing medical
   22  condition.
   23         (e)“Nonexclusionary time” means a period during which a
   24  student remains in the event or instructional environment but is
   25  redirected from the activities so that he or she has an
   26  opportunity to reflect on the behavior and is given space and
   27  time for understanding of choices and consequences.
   28         (f) “Restraint” means the use of a mechanical or physical
   29  restraint which may be used only when all other behavioral
   30  strategies and intervention techniques have been exhausted.
   31         1.“Mechanical restraint” means the use of a device that
   32  restricts a student’s freedom of movement. The term includes,
   33  but is not limited to, the use of straps, belts, tie-downs, and
   34  chairs with straps; however, the term does not include the use
   35  of any of the following:
   36         a.Medical protective equipment.
   37         b.Behavioral protective equipment, including helmets,
   38  gloves, wraps, calming blankets, and other devices that are used
   39  temporarily to prevent severe tissue damage caused by behavioral
   40  excesses.
   41         c.Physical equipment or orthopedic appliances, surgical
   42  dressings or bandages, or supportive body bands or other
   43  restraints necessary for ongoing medical treatment in the
   44  educational setting.
   45         d.Devices used to support functional body position or
   46  proper balance, or to prevent a person from falling out of a bed
   47  or a wheelchair, except when such a device is used for a purpose
   48  other than supporting a body position or proper balance, such as
   49  coercion, discipline, convenience, or retaliation, to prevent
   50  imminent risk of serious injury or death of the student or
   51  others, or for any other behavior management reason.
   52         e.Equipment used for safety during transportation, such as
   53  seatbelts or wheelchair tie-downs.
   54         2.“Physical restraint” means the use of manual restraint
   55  techniques that involve significant physical force applied by a
   56  teacher or other staff member to restrict the movement of all or
   57  part of a student’s body.
   58         (g)“Seclusion” means the removal of a student from an
   59  educational environment, involuntarily confining the student in
   60  a room or area, and preventing the student from leaving the area
   61  by locking or artificially blocking the door. The term does not
   62  include exclusionary time.
   63         (h)“Student” means a student with a disability.
   64         (2)PHYSICAL RESTRAINT.—
   65         (a)Physical restraint may be used only when there is an
   66  imminent risk of serious injury or death to the student or
   67  others and only for the period of time necessary to eliminate
   68  such risk.
   69         (b)Notwithstanding the authority provided in s. 1003.32,
   70  physical restraint shall be used only to protect the safety of
   71  students, school personnel, or others and may not be used for
   72  student discipline, to correct student noncompliance, or for the
   73  convenience of school district staff. Physical restraint shall
   74  be used only for the period needed to provide such protection.
   75         (c)The degree of force applied during physical restraint
   76  must be only that degree of force necessary to protect the
   77  student or others from serious injury or death.
   78         (d)School personnel who have received training that is not
   79  associated with their employment with the school district, such
   80  as a former law enforcement officer who is now a teacher, shall
   81  receive training in the specific district-approved techniques
   82  and may not apply techniques or procedures acquired elsewhere.
   83         (e)School personnel may not use any of the following
   84  physical restraint techniques on a student:
   85         1.Pain inducement to obtain compliance.
   86         2.Bone locks.
   87         3.Hyperextension of joints.
   88         4.Peer restraint.
   89         5.Pressure or weight on the chest, lungs, sternum,
   90  diaphragm, back, or abdomen causing chest compression.
   91         6.Straddling or sitting on any part of the body or any
   92  maneuver that places pressure, weight, or leverage on the neck
   93  or throat, on an artery, or on the back of the head or neck or
   94  that otherwise obstructs or restricts the circulation of blood
   95  or obstructs an airway.
   96         7.Any type of choking, including hand chokes, and any type
   97  of neck or head hold.
   98         8.A technique that involves spraying or pushing anything
   99  on or into the mouth, nose, eyes, or any part of the face or
  100  that involves covering the face or body with anything, including
  101  soft objects such as pillows or washcloths.
  102         9.Any maneuver that involves punching, hitting, poking,
  103  pinching, or shoving.
  104         10. Prone or supine restraint.
  106         (a)School personnel may place a student in exclusionary or
  107  nonexclusionary time if all of the following conditions are met:
  108         1.The exclusionary or nonexclusionary time is part of a
  109  positive behavioral intervention plan developed for the student.
  110         2.There is documentation that the exclusionary or
  111  nonexclusionary time was preceded by the use of other positive
  112  behavioral supports that were not effective.
  113         3.The exclusionary or nonexclusionary time takes place in
  114  a classroom or in another environment where class educational
  115  activities are taking place.
  116         4.The student is not physically prevented from leaving the
  117  exclusionary or nonexclusionary time area.
  118         5.The student is observed on a constant basis by an adult
  119  for the duration of the exclusionary or nonexclusionary time.
  120         6.The exclusionary or nonexclusionary time area and
  121  process are free of any action that is likely to embarrass or
  122  humiliate the student.
  123         (b)Exclusionary or nonexclusionary time may not be used
  124  for a period that exceeds 1 minute for each year of a student’s
  125  age or until the student is calm enough to return to his or her
  126  seat.
  127         (c)Exclusionary or nonexclusionary time may not be used as
  128  a punishment or negative consequence of a student’s behavior.
  129         (4)TRAINING.—
  130         (a)Each school district shall report its procedures for
  131  training in the use of restraint to the department by publishing
  132  the procedures in the district’s special policies and procedures
  133  manual.
  134         (b)Training in the use of restraint must include all of
  135  the following:
  136         1.Procedures for deescalating a problem behavior before
  137  the problem behavior increases to a level or intensity
  138  necessitating physical intervention.
  139         2.Information regarding the risks associated with
  140  restraint and procedures for assessing individual situations and
  141  students in order to determine whether the use of restraint is
  142  appropriate and sufficiently safe.
  143         3.The actual use of specific techniques that range from
  144  the least to most restrictive, with ample opportunity for
  145  trainees to demonstrate proficiency in the use of such
  146  techniques.
  147         4.Techniques for implementing restraint with multiple
  148  staff members working as a team.
  149         5.Techniques for assisting a student in reentering the
  150  instructional environment and reengaging in learning.
  151         6.Instruction in the district’s documentation and
  152  reporting requirements.
  153         7.Procedures to identify and deal with possible medical
  154  emergencies arising during the use of restraint.
  155         8.Cardiopulmonary resuscitation.
  156         (5)STUDENT-CENTERED FOLLOWUP.—If a student is restrained
  157  more than twice during a semester, the school shall conduct a
  158  review of:
  159         (a)The incidents in which restraint was used and an
  160  analysis of how future incidents may be avoided;
  161         (b)The student’s functional behavioral assessment and
  162  positive behavioral intervention plan by the school personnel
  163  and parent within two weeks before the end of the semester; and
  164         (c)The training provided to school personnel concerning
  165  the use of restraint.
  166         (6)(1) DOCUMENTATION AND REPORTING.—
  167         (a)At the beginning of each school year, a school district
  168  shall publicly post its policies on all emergency procedures,
  169  including its policies on the use of restraint.
  170         (b)(a) A school shall prepare an incident report within 24
  171  hours after a student is released from restraint or exclusionary
  172  or nonexclusionary time seclusion. If the student’s release
  173  occurs on a day before the school closes for the weekend, a
  174  holiday, or another reason, the incident report must be
  175  completed by the end of the school day on the day the school
  176  reopens.
  177         (c)(b) The following must be included in the incident
  178  report:
  179         1. The name of the student restrained or placed in
  180  exclusionary or nonexclusionary time secluded.
  181         2. The age, grade, ethnicity, and disability of the student
  182  restrained or placed in exclusionary or nonexclusionary time
  183  secluded.
  184         3. The date and time of the event and the duration of the
  185  restraint or exclusionary or nonexclusionary time seclusion.
  186         4. The location at which the restraint or exclusionary or
  187  nonexclusionary time seclusion occurred.
  188         5. If a restraint is used, a description of the type of
  189  restraint used in terms established by the department of
  190  Education.
  191         6. The name of the person using or assisting in the
  192  restraint of or imposition of exclusionary or nonexclusionary
  193  time on seclusion of the student and the date the person was
  194  last trained in the use of restraint on students.
  195         7. The name of any nonstudent who was present to witness
  196  the restraint or exclusionary or nonexclusionary time seclusion.
  197         8. A description of the incident, including all of the
  198  following:
  199         a. The context in which the restraint or exclusionary or
  200  nonexclusionary time seclusion occurred.
  201         b. The student’s behavior leading up to and precipitating
  202  the decision to use manual or physical restraint or exclusionary
  203  or nonexclusionary time seclusion, including an indication as to
  204  why there was an imminent risk of serious injury or death to the
  205  student or others if a student was subject to restraint.
  206         c. The specific positive behavioral strategies used to
  207  prevent and deescalate the behavior.
  208         d. What occurred with the student immediately after the
  209  termination of the restraint or exclusionary or nonexclusionary
  210  time seclusion.
  211         e. Any injuries, visible marks, or possible medical
  212  emergencies that may have occurred during the restraint or
  213  exclusionary or nonexclusionary time seclusion, documented
  214  according to district policies.
  215         f. Evidence of steps taken to notify the student’s parent
  216  or guardian.
  217         (d)(c) A school shall notify the parent or guardian of a
  218  student each time manual or physical restraint or exclusionary
  219  or nonexclusionary time seclusion is used. Such notification
  220  must be in writing and provided before the end of the school day
  221  on which the restraint or exclusionary or nonexclusionary time
  222  seclusion occurs. Reasonable efforts must also be taken to
  223  notify the parent or guardian by telephone or computer e-mail,
  224  or both, and these efforts must be documented. The school shall
  225  obtain, and keep in its records, the parent’s or guardian’s
  226  signed acknowledgment that he or she was notified of his or her
  227  child’s restraint or exclusionary or nonexclusionary time
  228  seclusion.
  229         (e)(d) A school shall also provide the parent or guardian
  230  with the completed incident report in writing by mail within 3
  231  school days after a student was manually or physically
  232  restrained or placed in exclusionary or nonexclusionary time
  233  secluded. The school shall obtain, and keep in its records, the
  234  parent’s or guardian’s signed acknowledgment that he or she
  235  received a copy of the incident report.
  236         (7)(2) MONITORING.—
  237         (a) Monitoring of The use of manual or physical restraint
  238  or exclusionary or nonexclusionary time seclusion on students
  239  shall be monitored occur at the classroom, building, district,
  240  and state levels.
  241         (b) Any documentation prepared by a school pursuant to as
  242  required in subsection (6) (1) shall be provided to the school
  243  principal, the district director of Exceptional Student
  244  Education, and the bureau chief of the Bureau of Exceptional
  245  Education and Student Services electronically each month that
  246  the school is in session. Redacted copies of such documentation
  247  must be updated monthly and made available to the public through
  248  the department’s website no later than October 1, 2018.
  249         (c) The department shall maintain aggregate data of
  250  incidents of manual or physical restraint or exclusionary or
  251  nonexclusionary time and seclusion and disaggregate the data for
  252  analysis by county, school, student exceptionality, and other
  253  variables, including the type and method of restraint or
  254  exclusionary or nonexclusionary time seclusion used. This
  255  information must shall be updated monthly and made available to
  256  the public through the department’s website beginning no later
  257  than October 1, 2018.
  258         (d) The department shall establish and provide to school
  259  districts standards for documenting, reporting, and monitoring
  260  the use of manual or physical restraint or mechanical restraint,
  261  and occurrences of exclusionary or nonexclusionary time
  262  seclusion. These standards shall be provided to school districts
  263  by October 1, 2011.
  265  RESTRAINT.—
  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 a
  315  mechanical restraint or a manual or physical restraint that
  316  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  effective classroom behavior management strategies, including,
  344  but not limited to, differential reinforcement, precision
  345  commands, minimizing attention or access to other reinforcers,
  346  and exclusionary and nonexclusionary time methods seclusion
  347  techniques.
  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.
  360  ================= T I T L E  A M E N D M E N T ================
  361  And the title is amended as follows:
  362         Delete everything before the enacting clause
  363  and insert:
  364                        A bill to be entitled                      
  365         An act relating to students with disabilities in
  366         public schools; amending s. 1003.573, F.S., relating
  367         to the seclusion and restraint of students with
  368         disabilities; defining terms; providing requirements
  369         for the use of restraint; prohibiting specified
  370         physical restraint techniques; providing requirements
  371         for the use of exclusionary and nonexclusionary time;
  372         providing requirements for school districts to report
  373         and publish training procedures; providing for
  374         student-centered followup; providing requirements for
  375         documenting, reporting, and monitoring the use of
  376         restraint and exclusionary or nonexclusionary time;
  377         revising school district policies and procedures
  378         relating to restraint; amending s. 1012.582, F.S.;
  379         requiring continuing education and inservice training
  380         for teaching students with emotional or behavioral
  381         disabilities; conforming provisions to changes made by
  382         the act; providing an effective date.