Florida Senate - 2019                               CS for SB 62
       By the Committee on Education; and Senator Book
       581-02948-19                                            201962c1
    1                        A bill to be entitled                      
    2         An act relating to students with disabilities in
    3         public schools; providing a short title; amending s.
    4         1003.573, F.S.; defining terms; providing requirements
    5         for the use of physical restraint; prohibiting
    6         specified physical restraint techniques; providing
    7         requirements for the use of exclusionary and
    8         nonexclusionary time; providing requirements for
    9         school districts to report and publish training
   10         procedures; providing for student-centered followup;
   11         providing requirements for documenting, reporting, and
   12         monitoring the use of restraint and exclusionary or
   13         nonexclusionary time; revising school district
   14         policies and procedures relating to restraint;
   15         prohibiting the use of seclusion; amending s.
   16         1012.582, F.S.; requiring continuing education and
   17         inservice training for instructional personnel in
   18         teaching students with emotional or behavioral
   19         disabilities; conforming provisions to changes made by
   20         the act; providing an effective date.
   22  Be It Enacted by the Legislature of the State of Florida:
   24         Section 1. This act may be cited as the “Dorothy L. Hukill
   25  Student Safety Act.”
   26         Section 2. Section 1003.573, Florida Statutes, is amended
   27  to read:
   28         1003.573 Seclusion and Use of restraint of and seclusion on
   29  students with disabilities in public schools.—
   30         (1)DEFINITIONS.—As used in this section, the term:
   31         (a)“Exclusionary time” means the period during which a
   32  student is removed from an event, activity, or instructional
   33  environment to encourage reflection on his or her behavior and
   34  allow space and time for understanding of choices and
   35  consequences.
   36         (b)“Imminent risk of serious injury or death” means the
   37  impending risk of a significant injury, such as a laceration,
   38  bone fracture, substantial hematoma, or injury to an internal
   39  organ, or death.
   40         (c)“Medical protective equipment” means health-related
   41  protective devices prescribed by a physician or dentist for use
   42  as student protection in response to an existing medical
   43  condition.
   44         (d)“Nonexclusionary time” means a period during which a
   45  student remains at the event or in the instructional environment
   46  but is redirected from the activities so that he or she has an
   47  opportunity to reflect on his or her behavior and is given space
   48  and time for understanding of choices and consequences.
   49         (e) “Restraint” means the use of a mechanical or physical
   50  restraint which may be used only when all other behavioral
   51  strategies and intervention techniques have been exhausted.
   52         1.“Mechanical restraint” means the use of a device that
   53  restricts a student’s freedom of movement. The term includes,
   54  but is not limited to, the use of straps, belts, tie-downs, and
   55  chairs with straps; however, the term does not include the use
   56  of any of the following:
   57         a.Medical protective equipment.
   58         b.Behavioral protective equipment, including helmets,
   59  gloves, wraps, calming blankets, and other devices that are used
   60  temporarily to prevent severe tissue damage caused by behavioral
   61  excesses.
   62         c.Physical equipment or orthopedic appliances, surgical
   63  dressings or bandages, or supportive body bands or other
   64  restraints necessary for ongoing medical treatment in the
   65  educational setting.
   66         d.Devices used to support functional body position or
   67  proper balance; to prevent a person from falling out of a bed or
   68  a wheelchair, except when such a device is used for a purpose
   69  other than supporting a body position or proper balance, such as
   70  coercion, discipline, convenience, or retaliation; to prevent
   71  imminent risk of serious injury or death of the student or
   72  others; or for any other behavior management reason.
   73         e.Equipment used for safety during transportation, such as
   74  seatbelts or wheelchair tie-downs.
   75         2.“Physical restraint” means the use of manual restraint
   76  techniques that involve significant physical force applied by a
   77  teacher or other staff member to restrict the movement of all or
   78  part of a student’s body.
   79         (f)“Seclusion” means the removal of a student from an
   80  educational environment, involuntarily confining the student in
   81  a room or area, and preventing the student from leaving the area
   82  by locking or artificially blocking the door. The term does not
   83  include exclusionary time.
   84         (g)“Student” means a student with a disability.
   85         (2)PHYSICAL RESTRAINT.—
   86         (a)Physical restraint may be used only when there is an
   87  imminent risk of serious injury or death to the student or
   88  others and only for the period of time necessary to eliminate
   89  such risk.
   90         (b)Notwithstanding the authority provided in s. 1003.32,
   91  physical restraint may be used only to protect the safety of
   92  students, school personnel, or others and may not be used for
   93  student discipline, to correct student noncompliance, or for the
   94  convenience of school district staff. Physical restraint may
   95  only be used for the period needed to provide such protection.
   96         (c)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 serious injury or death.
   99         (d)School personnel who have received training that is not
  100  associated with their employment with the school district, such
  101  as a former law enforcement officer who is now a teacher, shall
  102  receive training in the specific district-approved techniques
  103  and may not apply techniques or procedures acquired elsewhere.
  104         (e)School personnel may not use any of the following
  105  physical restraint techniques on a student:
  106         1.Pain inducement to obtain compliance.
  107         2.Bone locks.
  108         3.Hyperextension of joints.
  109         4.Peer restraint.
  110         5.Pressure or weight on the chest, lungs, sternum,
  111  diaphragm, back, or abdomen causing chest compression.
  112         6.Straddling or sitting on any part of the body or any
  113  maneuver that places pressure, weight, or leverage on the neck
  114  or throat, on an artery, or on the back of the head or neck or
  115  that otherwise obstructs or restricts the circulation of blood
  116  or obstructs an airway.
  117         7.Any type of choking, including hand chokes, and any type
  118  of neck or head hold.
  119         8.A technique that involves spraying or pushing anything
  120  on or into the mouth, nose, eyes, or any part of the face or
  121  that involves covering the face or body with anything, including
  122  soft objects such as pillows or washcloths.
  123         9.Any maneuver that involves punching, hitting, poking,
  124  pinching, or shoving.
  125         10. Prone or supine restraint.
  127         (a)School personnel may place a student in exclusionary or
  128  nonexclusionary time if all of the following conditions are met:
  129         1.The exclusionary or nonexclusionary time is part of a
  130  positive behavioral intervention plan developed for the student.
  131         2.There is documentation that the exclusionary or
  132  nonexclusionary time was preceded by the use of other positive
  133  behavioral supports that were not effective.
  134         3.The exclusionary or nonexclusionary time takes place in
  135  a classroom or in another environment where class educational
  136  activities are taking place.
  137         4.The student is not physically prevented from leaving the
  138  exclusionary or nonexclusionary time area.
  139         5.The student is observed on a constant basis by an adult
  140  for the duration of the exclusionary or nonexclusionary time.
  141         6.The exclusionary or nonexclusionary time area and
  142  process are free of any action that is likely to embarrass or
  143  humiliate the student.
  144         (b)Exclusionary or nonexclusionary time may be used for a
  145  period of up to 1 minute for each year of a student’s age or
  146  until the student is calm enough to return to his or her seat,
  147  whichever is shorter.
  148         (c)Exclusionary or nonexclusionary time may not be used as
  149  a punishment for or negative consequence of a student’s
  150  behavior.
  151         (4)TRAINING.—
  152         (a)Each school district shall report its procedures for
  153  training in the use of restraint to the department by publishing
  154  the procedures in the district’s special policies and procedures
  155  manual.
  156         (b)Training in the use of restraint must include all of
  157  the following:
  158         1.Procedures for deescalating a problem behavior before
  159  the problem behavior increases to a level or intensity
  160  necessitating physical intervention.
  161         2.Information regarding the risks associated with
  162  restraint and procedures for assessing individual situations and
  163  students in order to determine whether the use of restraint is
  164  appropriate and sufficiently safe.
  165         3.The actual use of specific techniques that range from
  166  the least to most restrictive, with ample opportunity for
  167  trainees to demonstrate proficiency in the use of such
  168  techniques.
  169         4.Techniques for implementing restraint with multiple
  170  staff members working as a team.
  171         5.Techniques for assisting a student in reentering the
  172  instructional environment and reengaging in learning.
  173         6.Instruction in the district’s documentation and
  174  reporting requirements.
  175         7.Procedures for identifying and dealing with possible
  176  medical emergencies arising during the use of restraint.
  177         8.Cardiopulmonary resuscitation.
  178         (5)STUDENT-CENTERED FOLLOWUP.—If a student is restrained
  179  more than twice during a semester, the school must conduct a
  180  review of each of the following:
  181         (a)The incidents in which restraint was used and an
  182  analysis of how future incidents may be avoided.
  183         (b)The student’s functional behavioral assessment and
  184  positive behavioral intervention plan by the school personnel
  185  and parent within 2 weeks before the end of the semester.
  186         (c)The training provided to school personnel concerning
  187  the use of restraint.
  188         (6)(1) DOCUMENTATION AND REPORTING.—
  189         (a)At the beginning of each school year, a school district
  190  shall publicly post its policies on all emergency procedures,
  191  including its policies on the use of restraint.
  192         (b)(a) A school shall prepare an incident report within 24
  193  hours after a student is released from restraint or exclusionary
  194  or nonexclusionary time seclusion. If the student’s release
  195  occurs on a day before the school closes for the weekend, a
  196  holiday, or another reason, the incident report must be
  197  completed by the end of the school day on the day the school
  198  reopens.
  199         (c)(b) The following must be included in the incident
  200  report:
  201         1. The name of the student restrained or placed in
  202  exclusionary or nonexclusionary time secluded.
  203         2. The age, grade, ethnicity, and disability of the student
  204  restrained or placed in exclusionary or nonexclusionary time
  205  secluded.
  206         3. The date and time of the event and the duration of the
  207  restraint or exclusionary or nonexclusionary time seclusion.
  208         4. The location at which the restraint or exclusionary or
  209  nonexclusionary time seclusion occurred.
  210         5. If a restraint is used, a description of the type of
  211  restraint used in terms established by the department of
  212  Education.
  213         6. The name of the person using or assisting in the
  214  restraint of or imposition of exclusionary or nonexclusionary
  215  time on seclusion of the student and the date the person was
  216  last trained in the use of restraint on students.
  217         7. The name of any nonstudent who was present to witness
  218  the restraint or exclusionary or nonexclusionary time seclusion.
  219         8. A description of the incident, including all of the
  220  following:
  221         a. The context in which the restraint or exclusionary or
  222  nonexclusionary time seclusion occurred.
  223         b. The student’s behavior leading up to and precipitating
  224  the decision to use manual or physical restraint or exclusionary
  225  or nonexclusionary time seclusion, including an indication as to
  226  why there was an imminent risk of serious injury or death to the
  227  student or others if a student was subject to restraint.
  228         c. The specific positive behavioral strategies used to
  229  prevent and deescalate the behavior.
  230         d. What occurred with the student immediately after the
  231  termination of the restraint or exclusionary or nonexclusionary
  232  time seclusion.
  233         e. Any injuries, visible marks, or possible medical
  234  emergencies that may have occurred during the restraint or
  235  exclusionary or nonexclusionary time seclusion, documented
  236  according to district policies.
  237         f. Evidence of steps taken to notify the student’s parent
  238  or guardian.
  239         (d)(c) A school shall notify the parent or guardian of a
  240  student each time manual or physical restraint or exclusionary
  241  or nonexclusionary time seclusion is used. Such notification
  242  must be in writing and provided before the end of the school day
  243  on which the restraint or exclusionary or nonexclusionary time
  244  seclusion occurs. Reasonable efforts must also be taken to
  245  notify the parent or guardian by telephone or computer e-mail,
  246  or both, and these efforts must be documented. The school shall
  247  obtain, and keep in its records, the parent’s or guardian’s
  248  signed acknowledgment that he or she was notified of his or her
  249  child’s restraint or exclusionary or nonexclusionary time
  250  seclusion.
  251         (e)(d) A school shall also provide the parent or guardian
  252  with the completed incident report in writing by mail within 3
  253  school days after a student was manually or physically
  254  restrained or placed in exclusionary or nonexclusionary time
  255  secluded. The school shall obtain, and keep in its records, the
  256  parent’s or guardian’s signed acknowledgment that he or she
  257  received a copy of the incident report.
  258         (7)(2) MONITORING.—
  259         (a) Monitoring of The use of manual or physical restraint
  260  or exclusionary or nonexclusionary time seclusion on students
  261  must be monitored shall occur at the classroom, building,
  262  district, and state levels.
  263         (b) Any documentation prepared by a school pursuant to as
  264  required in subsection (6) (1) shall be provided to the school
  265  principal, the district director of Exceptional Student
  266  Education, and the bureau chief of the Bureau of Exceptional
  267  Education and Student Services electronically each month that
  268  the school is in session. Redacted copies of such documentation
  269  must be updated monthly and made available to the public through
  270  the department’s website no later than October 1, 2019.
  271         (c) The department shall maintain aggregate data of
  272  incidents of manual or physical restraint or exclusionary or
  273  nonexclusionary time and seclusion and disaggregate the data for
  274  analysis by county, school, student exceptionality, and other
  275  variables, including the type and method of restraint or
  276  exclusionary or nonexclusionary time seclusion used. This
  277  information must shall be updated monthly and made available to
  278  the public through the department’s website beginning no later
  279  than October 1, 2019.
  280         (d) The department shall establish and provide to school
  281  districts standards for documenting, reporting, and monitoring
  282  the use of manual or physical restraint or mechanical restraint,
  283  and occurrences of exclusionary or nonexclusionary time
  284  seclusion. These standards shall be provided to school districts
  285  by October 1, 2011.
  287  RESTRAINT.—
  288         (a) School districts shall develop policies and procedures
  289  that provide for the physical safety and security of all
  290  students and school personnel and treat all students with
  291  respect and dignity in an environment that promotes a positive
  292  school culture and climate. Such Each school district shall
  293  develop policies and procedures must be that are consistent with
  294  this section and must that govern the following:
  295         1.A description of escalating behavioral strategies that
  296  may be used.
  297         2.Allowable use of restraint on students.
  298         3.Training procedures.
  299         4.1. Incident-reporting procedures.
  300         5.2. Data collection and monitoring, including when, where,
  301  and why students are restrained and or secluded; the frequency
  302  of occurrences of such restraint or seclusion; and the prone or
  303  mechanical restraint that is most used.
  304         6.3. Monitoring and reporting of data collected.
  305         7.4. Training programs and procedures relating to manual or
  306  physical restraint and seclusion.
  307         8.5. The district’s plan for selecting personnel to be
  308  trained and the timeframe for completing such training pursuant
  309  to subsection (4).
  310         9.6. The district’s plan for reducing the use of restraint,
  311  and seclusion particularly in settings in which it occurs
  312  frequently or with students who are restrained repeatedly, and
  313  for reducing the use of prone restraint and mechanical
  314  restraint. The plan must include a goal for reducing the use of
  315  restraint and seclusion and must include activities, skills, and
  316  resources needed to achieve that goal. Activities may include,
  317  but are not limited to, all of the following:
  318         a. Additional training in positive behavioral support and
  319  crisis management.;
  320         b. Parental involvement.;
  321         c. Data review.;
  322         d. Updates of students’ functional behavioral analysis and
  323  positive behavior intervention plans.;
  324         e. Additional student evaluations.;
  325         f. Debriefing with staff.;
  326         g. Use of schoolwide positive behavior support.; and
  327         h. Changes to the school environment.
  328         10.Analysis of data to determine trends.
  329         11.Ongoing reduction of the use of restraint.
  330         (b) Any revisions a school district makes to its to the
  331  district’s policies and procedures, which must be prepared as
  332  part of the school district’s its special policies and
  333  procedures, must be filed with the bureau chief of the Bureau of
  334  Exceptional Education and Student Services no later than January
  335  31, 2012.
  336         (9)(4) PROHIBITED RESTRAINT.—School personnel may not use a
  337  mechanical restraint or a manual or physical restraint that
  338  restricts a student’s breathing.
  339         (10)(5) SECLUSION.—School personnel may not place a student
  340  in seclusion close, lock, or physically block a student in a
  341  room that is unlit and does not meet the rules of the State Fire
  342  Marshal for seclusion time-out rooms.
  343         Section 3. Section 1012.582, Florida Statutes, is amended
  344  to read:
  345         1012.582 Continuing education and inservice training for
  346  teaching students with developmental and emotional or behavioral
  347  disabilities.—
  348         (1) The Commissioner of Education shall develop
  349  recommendations to incorporate instruction regarding autism
  350  spectrum disorder, Down syndrome, and other developmental
  351  disabilities, and emotional or behavioral disabilities into
  352  continuing education or inservice training requirements for
  353  instructional personnel. These recommendations must shall
  354  address:
  355         (a) Early identification of, and intervention for, students
  356  who have autism spectrum disorder, Down syndrome, or other
  357  developmental disabilities, or emotional or behavioral
  358  disabilities.
  359         (b) Curriculum planning and curricular and instructional
  360  modifications, adaptations, and specialized strategies and
  361  techniques.
  362         (c) The use of available state and local resources.
  363         (d) The use of positive behavioral supports to deescalate
  364  problem behaviors.
  365         (e) Appropriate use of manual physical restraint and
  366  effective classroom behavior management strategies, including,
  367  but not limited to, differential reinforcement, precision
  368  commands, minimizing attention or access to other reinforcers,
  369  and exclusionary and nonexclusionary time methods seclusion
  370  techniques.
  371         (2) In developing the recommendations, the commissioner
  372  shall consult with the State Surgeon General, the Director of
  373  the Agency for Persons with Disabilities, representatives from
  374  the education community in the state, and representatives from
  375  entities that promote awareness about autism spectrum disorder,
  376  Down syndrome, and other developmental disabilities, and
  377  emotional or behavioral disabilities and provide programs and
  378  services to persons with developmental disabilities, including,
  379  but not limited to, regional autism centers pursuant to s.
  380  1004.55.
  381         (3) Beginning with the 2010-2011 school year, the
  382  Department of Education shall incorporate the course curricula
  383  recommended by the Commissioner of Education, pursuant to
  384  subsection (1), into existing requirements for the continuing
  385  education or inservice training of instructional personnel. The
  386  requirements of this section may not add to the total hours
  387  required for continuing education or inservice training as
  388  currently established by the department.
  389         (4) The State Board of Education may adopt rules pursuant
  390  to ss. 120.536(1) and 120.54 to implement this section.
  391         Section 4. This act shall take effect July 1, 2019.