Florida Senate - 2019                                      SB 62
       By Senator Book
       32-00070-19                                             201962__
    1                        A bill to be entitled                      
    2         An act relating to students with disabilities in
    3         public schools; amending s. 1003.573, F.S.; defining
    4         terms; providing requirements for the use of physical
    5         restraint; prohibiting specified physical restraint
    6         techniques; providing requirements for the use of
    7         exclusionary and nonexclusionary time; providing
    8         requirements for school districts to report and
    9         publish training procedures; providing for student
   10         centered followup; providing requirements for
   11         documenting, reporting, and monitoring the use of
   12         restraint and exclusionary or nonexclusionary time;
   13         revising school district policies and procedures
   14         relating to restraint; prohibiting the use of
   15         seclusion; amending s. 1012.582, F.S.; requiring
   16         continuing education and inservice training for
   17         instructional personnel in 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)“Exclusionary time” means the period during which a
   30  student is removed from an event, activity, or instructional
   31  environment to encourage reflection on his or her behavior and
   32  allow space and time for understanding of choices and
   33  consequences.
   34         (b)“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         (c)“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         (d)“Nonexclusionary time” means a period during which a
   43  student remains at the event or in the instructional environment
   44  but is redirected from the activities so that he or she has an
   45  opportunity to reflect on his or her behavior and is given space
   46  and time for understanding of choices and consequences.
   47         (e) “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 includes,
   52  but is not limited to, the use of straps, belts, tie-downs, and
   53  chairs with straps; however, the term does not include the use
   54  of any of the following:
   55         a.Medical protective equipment.
   56         b.Behavioral protective equipment, including helmets,
   57  gloves, wraps, calming blankets, and other devices that are used
   58  temporarily to prevent severe tissue damage caused by behavioral
   59  excesses.
   60         c.Physical equipment or orthopedic appliances, surgical
   61  dressings or bandages, or supportive body bands or other
   62  restraints necessary for ongoing medical treatment in the
   63  educational setting.
   64         d.Devices used to support functional body position or
   65  proper balance; to prevent a person from falling out of a bed or
   66  a wheelchair, except when such a device is used for a purpose
   67  other than supporting a body position or proper balance, such as
   68  coercion, discipline, convenience, or retaliation; to prevent
   69  imminent risk of serious injury or death of the student or
   70  others; or for any other behavior management reason.
   71         e.Equipment used for safety during transportation, such as
   72  seatbelts or wheelchair tie-downs.
   73         2.“Physical restraint” means the use of manual restraint
   74  techniques that involve significant physical force applied by a
   75  teacher or other staff member to restrict the movement of all or
   76  part of a student’s body.
   77         (f)“Seclusion” means the removal of a student from an
   78  educational environment, involuntarily confining the student in
   79  a room or area, and preventing the student from leaving the area
   80  by locking or artificially blocking the door. The term does not
   81  include exclusionary time.
   82         (g)“Student” means a student with a disability.
   83         (2)PHYSICAL RESTRAINT.—
   84         (a)Physical restraint may be used only when there is an
   85  imminent risk of serious injury or death to the student or
   86  others and only for the period of time necessary to eliminate
   87  such risk.
   88         (b)Notwithstanding the authority provided in s. 1003.32,
   89  physical restraint may be used only to protect the safety of
   90  students, school personnel, or others and may not be used for
   91  student discipline, to correct student noncompliance, or for the
   92  convenience of school district staff. Physical restraint may
   93  only be used for the period needed to provide such protection.
   94         (c)The degree of force applied during physical restraint
   95  must be only that degree of force necessary to protect the
   96  student or others from serious injury or death.
   97         (d)School personnel who have received training that is not
   98  associated with their employment with the school district, such
   99  as a former law enforcement officer who is now a teacher, shall
  100  receive training in the specific district-approved techniques
  101  and may not apply techniques or procedures acquired elsewhere.
  102         (e)School personnel may not use any of the following
  103  physical restraint techniques on a student:
  104         1.Pain inducement to obtain compliance.
  105         2.Bone locks.
  106         3.Hyperextension of joints.
  107         4.Peer restraint.
  108         5.Pressure or weight on the chest, lungs, sternum,
  109  diaphragm, back, or abdomen causing chest compression.
  110         6.Straddling or sitting on any part of the body or any
  111  maneuver that places pressure, weight, or leverage on the neck
  112  or throat, on an artery, or on the back of the head or neck or
  113  that otherwise obstructs or restricts the circulation of blood
  114  or obstructs an airway.
  115         7.Any type of choking, including hand chokes, and any type
  116  of neck or head hold.
  117         8.A technique that involves spraying or pushing anything
  118  on or into the mouth, nose, eyes, or any part of the face or
  119  that involves covering the face or body with anything, including
  120  soft objects such as pillows or washcloths.
  121         9.Any maneuver that involves punching, hitting, poking,
  122  pinching, or shoving.
  123         10. Prone or supine restraint.
  125         (a)School personnel may place a student in exclusionary or
  126  nonexclusionary time if all of the following conditions are met:
  127         1.The exclusionary or nonexclusionary time is part of a
  128  positive behavioral intervention plan developed for the student.
  129         2.There is documentation that the exclusionary or
  130  nonexclusionary time was preceded by the use of other positive
  131  behavioral supports that were not effective.
  132         3.The exclusionary or nonexclusionary time takes place in
  133  a classroom or in another environment where class educational
  134  activities are taking place.
  135         4.The student is not physically prevented from leaving the
  136  exclusionary or nonexclusionary time area.
  137         5.The student is observed on a constant basis by an adult
  138  for the duration of the exclusionary or nonexclusionary time.
  139         6.The exclusionary or nonexclusionary time area and
  140  process are free of any action that is likely to embarrass or
  141  humiliate the student.
  142         (b)Exclusionary or nonexclusionary time may be used for a
  143  period of up to 1 minute for each year of a student’s age or
  144  until the student is calm enough to return to his or her seat,
  145  whichever is shorter.
  146         (c)Exclusionary or nonexclusionary time may not be used as
  147  a punishment for or negative consequence of a student’s
  148  behavior.
  149         (4)TRAINING.—
  150         (a)Each school district shall report its procedures for
  151  training in the use of restraint to the department by publishing
  152  the procedures in the district’s special policies and procedures
  153  manual.
  154         (b)Training in the use of restraint must include all of
  155  the following:
  156         1.Procedures for deescalating a problem behavior before
  157  the problem behavior increases to a level or intensity
  158  necessitating physical intervention.
  159         2.Information regarding the risks associated with
  160  restraint and procedures for assessing individual situations and
  161  students in order to determine whether the use of restraint is
  162  appropriate and sufficiently safe.
  163         3.The actual use of specific techniques that range from
  164  the least to most restrictive, with ample opportunity for
  165  trainees to demonstrate proficiency in the use of such
  166  techniques.
  167         4.Techniques for implementing restraint with multiple
  168  staff members working as a team.
  169         5.Techniques for assisting a student in reentering the
  170  instructional environment and reengaging in learning.
  171         6.Instruction in the district’s documentation and
  172  reporting requirements.
  173         7.Procedures for identifying and dealing with possible
  174  medical emergencies arising during the use of restraint.
  175         8.Cardiopulmonary resuscitation.
  176         (5)STUDENT-CENTERED FOLLOWUP.—If a student is restrained
  177  more than twice during a semester, the school must conduct a
  178  review of each of the following:
  179         (a)The incidents in which restraint was used and an
  180  analysis of how future incidents may be avoided.
  181         (b)The student’s functional behavioral assessment and
  182  positive behavioral intervention plan by the school personnel
  183  and parent within 2 weeks before the end of the semester.
  184         (c)The training provided to school personnel concerning
  185  the use of restraint.
  186         (6)(1) DOCUMENTATION AND REPORTING.—
  187         (a)At the beginning of each school year, a school district
  188  shall publicly post its policies on all emergency procedures,
  189  including its policies on the use of restraint.
  190         (b)(a) A school shall prepare an incident report within 24
  191  hours after a student is released from restraint or exclusionary
  192  or nonexclusionary time seclusion. If the student’s release
  193  occurs on a day before the school closes for the weekend, a
  194  holiday, or another reason, the incident report must be
  195  completed by the end of the school day on the day the school
  196  reopens.
  197         (c)(b) The following must be included in the incident
  198  report:
  199         1. The name of the student restrained or placed in
  200  exclusionary or nonexclusionary time secluded.
  201         2. The age, grade, ethnicity, and disability of the student
  202  restrained or placed in exclusionary or nonexclusionary time
  203  secluded.
  204         3. The date and time of the event and the duration of the
  205  restraint or exclusionary or nonexclusionary time seclusion.
  206         4. The location at which the restraint or exclusionary or
  207  nonexclusionary time seclusion occurred.
  208         5. If a restraint is used, a description of the type of
  209  restraint used in terms established by the department of
  210  Education.
  211         6. The name of the person using or assisting in the
  212  restraint of or imposition of exclusionary or nonexclusionary
  213  time on seclusion of the student and the date the person was
  214  last trained in the use of restraint on students.
  215         7. The name of any nonstudent who was present to witness
  216  the restraint or exclusionary or nonexclusionary time seclusion.
  217         8. A description of the incident, including all of the
  218  following:
  219         a. The context in which the restraint or exclusionary or
  220  nonexclusionary time seclusion occurred.
  221         b. The student’s behavior leading up to and precipitating
  222  the decision to use manual or physical restraint or exclusionary
  223  or nonexclusionary time seclusion, including an indication as to
  224  why there was an imminent risk of serious injury or death to the
  225  student or others if a student was subject to restraint.
  226         c. The specific positive behavioral strategies used to
  227  prevent and deescalate the behavior.
  228         d. What occurred with the student immediately after the
  229  termination of the restraint or exclusionary or nonexclusionary
  230  time seclusion.
  231         e. Any injuries, visible marks, or possible medical
  232  emergencies that may have occurred during the restraint or
  233  exclusionary or nonexclusionary time seclusion, documented
  234  according to district policies.
  235         f. Evidence of steps taken to notify the student’s parent
  236  or guardian.
  237         (d)(c) A school shall notify the parent or guardian of a
  238  student each time manual or physical restraint or exclusionary
  239  or nonexclusionary time seclusion is used. Such notification
  240  must be in writing and provided before the end of the school day
  241  on which the restraint or exclusionary or nonexclusionary time
  242  seclusion occurs. Reasonable efforts must also be taken to
  243  notify the parent or guardian by telephone or computer e-mail,
  244  or both, and these efforts must be documented. The school shall
  245  obtain, and keep in its records, the parent’s or guardian’s
  246  signed acknowledgment that he or she was notified of his or her
  247  child’s restraint or exclusionary or nonexclusionary time
  248  seclusion.
  249         (e)(d) A school shall also provide the parent or guardian
  250  with the completed incident report in writing by mail within 3
  251  school days after a student was manually or physically
  252  restrained or placed in exclusionary or nonexclusionary time
  253  secluded. The school shall obtain, and keep in its records, the
  254  parent’s or guardian’s signed acknowledgment that he or she
  255  received a copy of the incident report.
  256         (7)(2) MONITORING.—
  257         (a) Monitoring of The use of manual or physical restraint
  258  or exclusionary or nonexclusionary time seclusion on students
  259  must be monitored shall occur at the classroom, building,
  260  district, and state levels.
  261         (b) Any documentation prepared by a school pursuant to as
  262  required in subsection (6) (1) shall be provided to the school
  263  principal, the district director of Exceptional Student
  264  Education, and the bureau chief of the Bureau of Exceptional
  265  Education and Student Services electronically each month that
  266  the school is in session. Redacted copies of such documentation
  267  must be updated monthly and made available to the public through
  268  the department’s website no later than October 1, 2019.
  269         (c) The department shall maintain aggregate data of
  270  incidents of manual or physical restraint or exclusionary or
  271  nonexclusionary time and seclusion and disaggregate the data for
  272  analysis by county, school, student exceptionality, and other
  273  variables, including the type and method of restraint or
  274  exclusionary or nonexclusionary time seclusion used. This
  275  information must shall be updated monthly and made available to
  276  the public through the department’s website beginning no later
  277  than October 1, 2019.
  278         (d) The department shall establish and provide to school
  279  districts standards for documenting, reporting, and monitoring
  280  the use of manual or physical restraint or mechanical restraint,
  281  and occurrences of exclusionary or nonexclusionary time
  282  seclusion. These standards shall be provided to school districts
  283  by October 1, 2011.
  285  RESTRAINT.—
  286         (a) School districts shall develop policies and procedures
  287  that provide for the physical safety and security of all
  288  students and school personnel and treat all students with
  289  respect and dignity in an environment that promotes a positive
  290  school culture and climate. Such Each school district shall
  291  develop policies and procedures must be that are consistent with
  292  this section and must that govern the following:
  293         1.A description of escalating behavioral strategies that
  294  may be used.
  295         2.Allowable use of restraint on students.
  296         3.Training procedures.
  297         4.1. Incident-reporting procedures.
  298         5.2. Data collection and monitoring, including when, where,
  299  and why students are restrained and or secluded; the frequency
  300  of occurrences of such restraint or seclusion; and the prone or
  301  mechanical restraint that is most used.
  302         6.3. Monitoring and reporting of data collected.
  303         7.4. Training programs and procedures relating to manual or
  304  physical restraint and seclusion.
  305         8.5. The district’s plan for selecting personnel to be
  306  trained and the timeframe for completing such training pursuant
  307  to subsection (4).
  308         9.6. The district’s plan for reducing the use of restraint,
  309  and seclusion particularly in settings in which it occurs
  310  frequently or with students who are restrained repeatedly, and
  311  for reducing the use of prone restraint and mechanical
  312  restraint. The plan must include a goal for reducing the use of
  313  restraint and seclusion and must include activities, skills, and
  314  resources needed to achieve that goal. Activities may include,
  315  but are not limited to, all of the following:
  316         a. Additional training in positive behavioral support and
  317  crisis management.;
  318         b. Parental involvement.;
  319         c. Data review.;
  320         d. Updates of students’ functional behavioral analysis and
  321  positive behavior intervention plans.;
  322         e. Additional student evaluations.;
  323         f. Debriefing with staff.;
  324         g. Use of schoolwide positive behavior support.; and
  325         h. Changes to the school environment.
  326         10.Analysis of data to determine trends.
  327         11.Ongoing reduction of the use of restraint.
  328         (b) Any revisions a school district makes to its to the
  329  district’s policies and procedures, which must be prepared as
  330  part of the school district’s its special policies and
  331  procedures, must be filed with the bureau chief of the Bureau of
  332  Exceptional Education and Student Services no later than January
  333  31, 2012.
  334         (9)(4) PROHIBITED RESTRAINT.—School personnel may not use a
  335  mechanical restraint or a manual or physical restraint that
  336  restricts a student’s breathing.
  337         (10)(5) SECLUSION.—School personnel may not place a student
  338  in seclusion close, lock, or physically block a student in a
  339  room that is unlit and does not meet the rules of the State Fire
  340  Marshal for seclusion time-out rooms.
  341         Section 2. Section 1012.582, Florida Statutes, is amended
  342  to read:
  343         1012.582 Continuing education and inservice training for
  344  teaching students with developmental and emotional or behavioral
  345  disabilities.—
  346         (1) The Commissioner of Education shall develop
  347  recommendations to incorporate instruction regarding autism
  348  spectrum disorder, Down syndrome, and other developmental
  349  disabilities, and emotional or behavioral disabilities into
  350  continuing education or inservice training requirements for
  351  instructional personnel. These recommendations must shall
  352  address:
  353         (a) Early identification of, and intervention for, students
  354  who have autism spectrum disorder, Down syndrome, or other
  355  developmental disabilities, or emotional or behavioral
  356  disabilities.
  357         (b) Curriculum planning and curricular and instructional
  358  modifications, adaptations, and specialized strategies and
  359  techniques.
  360         (c) The use of available state and local resources.
  361         (d) The use of positive behavioral supports to deescalate
  362  problem behaviors.
  363         (e) Appropriate use of manual physical restraint and
  364  effective classroom behavior management strategies, including,
  365  but not limited to, differential reinforcement, precision
  366  commands, minimizing attention or access to other reinforcers,
  367  and exclusionary and nonexclusionary time methods seclusion
  368  techniques.
  369         (2) In developing the recommendations, the commissioner
  370  shall consult with the State Surgeon General, the Director of
  371  the Agency for Persons with Disabilities, representatives from
  372  the education community in the state, and representatives from
  373  entities that promote awareness about autism spectrum disorder,
  374  Down syndrome, and other developmental disabilities, and
  375  emotional or behavioral disabilities and provide programs and
  376  services to persons with developmental disabilities, including,
  377  but not limited to, regional autism centers pursuant to s.
  378  1004.55.
  379         (3) Beginning with the 2010-2011 school year, the
  380  Department of Education shall incorporate the course curricula
  381  recommended by the Commissioner of Education, pursuant to
  382  subsection (1), into existing requirements for the continuing
  383  education or inservice training of instructional personnel. The
  384  requirements of this section may not add to the total hours
  385  required for continuing education or inservice training as
  386  currently established by the department.
  387         (4) The State Board of Education may adopt rules pursuant
  388  to ss. 120.536(1) and 120.54 to implement this section.
  389         Section 3. This act shall take effect July 1, 2019.