Florida Senate - 2021                        COMMITTEE AMENDMENT
       Bill No. SB 192
       
       
       
       
       
       
                                Ì799354FÎ799354                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                                       .                                
                                       .                                
                                       .                                
                                       .                                
                                       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       The Committee on Education (Book) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 102 - 307
    4  and insert:
    5  Justice education program under s. 1003.52.
    6         (7) DOCUMENTATION AND REPORTING.—
    7         (a) A school shall prepare an incident report within 24
    8  hours after a student is released from restraint or seclusion.
    9  If the student’s release occurs on a day before the school
   10  closes for the weekend, a holiday, or another reason, the
   11  incident report must be completed by the end of the school day
   12  on the day the school reopens.
   13         (b) The following must be included in the incident report:
   14         1. The name of the student restrained or secluded.
   15         2. The age, grade, ethnicity, and disability of the student
   16  restrained or secluded.
   17         3. The date and time of the event and the duration of the
   18  restraint or seclusion.
   19         4. The location at which the restraint or seclusion
   20  occurred.
   21         5. A description of the type of restraint used in terms
   22  established by the department of Education.
   23         6. The name of the person using or assisting in the
   24  restraint or seclusion of the student and the date the person
   25  was last trained in the use of positive behavior interventions
   26  and supports.
   27         7. The name of any nonstudent who was present to witness
   28  the restraint or seclusion.
   29         8. A description of the incident, including all of the
   30  following:
   31         a. The context in which the restraint or seclusion
   32  occurred.
   33         b. The student’s behavior leading up to and precipitating
   34  the decision to use manual or physical restraint or seclusion,
   35  including an indication as to why there was an imminent risk of
   36  serious injury or death to the student or others.
   37         c. The specific positive behavior interventions and
   38  supports behavioral strategies used to prevent and deescalate
   39  the behavior.
   40         d. What occurred with the student immediately after the
   41  termination of the restraint or seclusion.
   42         e. Any injuries, visible marks, or possible medical
   43  emergencies that may have occurred during the restraint or
   44  seclusion, documented according to district policies.
   45         f. Evidence of steps taken to notify the student’s parent
   46  or guardian.
   47         g.The date the crisis intervention plan was last reviewed
   48  and whether changes were recommended.
   49         (c) A school shall notify the parent or guardian of a
   50  student each time manual or physical restraint or seclusion is
   51  used. Such notification must be in writing and provided before
   52  the end of the school day on which the restraint or seclusion
   53  occurs. Reasonable efforts must also be taken to notify the
   54  parent or guardian by telephone or computer e-mail, or both, and
   55  these efforts must be documented. The school shall obtain, and
   56  keep in its records, the parent’s or guardian’s signed
   57  acknowledgment that he or she was notified of his or her child’s
   58  restraint or seclusion.
   59         (d) A school shall also provide the parent or guardian with
   60  the completed incident report in writing by mail within 3 school
   61  days after a student was manually or physically restrained or
   62  secluded. The school shall obtain, and keep in its records, the
   63  parent’s or guardian’s signed acknowledgment that he or she
   64  received a copy of the incident report.
   65         (2) SECLUSION.—Each school district shall prohibit school
   66  personnel from using seclusion.
   67         (8) MONITORING.—
   68         (a) Monitoring of The use of manual or physical restraint
   69  or seclusion on students shall be monitored occur at the
   70  classroom, building, district, and state levels.
   71         (b) Any documentation prepared by a school pursuant to as
   72  required in subsection (7) (1) shall be provided to the school
   73  principal, the district director of Exceptional Student
   74  Education, and the bureau chief of the Bureau of Exceptional
   75  Education and Student Services electronically each month that
   76  the school is in session.
   77         (c) The department shall maintain aggregate data of
   78  incidents of manual or physical restraint and seclusion and
   79  disaggregate the data for analysis by county, school, student
   80  exceptionality, and other variables, including the type and
   81  method of restraint or seclusion used. This information shall be
   82  updated monthly, de-identified, and made available to the public
   83  through the department’s website no later than October 1, 2021.
   84         (d) The department shall establish standards for
   85  documenting, reporting, and monitoring the incident reports
   86  related to the use of manual or physical restraint or mechanical
   87  restraint, and occurrences of seclusion. These standards shall
   88  be provided to school districts by October 1, 2011.
   89         (3) RESTRAINT.—
   90         (a)Authorized school personnel may use restraint only when
   91  all positive behavior interventions and supports have been
   92  exhausted. Restraint may be used only when there is an imminent
   93  risk of serious injury and shall be discontinued as soon as the
   94  threat posed by the dangerous behavior has dissipated.
   95  Techniques or devices such as straightjackets, zip ties,
   96  handcuffs, or tie downs may not be used in ways that may
   97  obstruct or restrict breathing or blood flow or that place a
   98  student in a facedown position with the student’s hands
   99  restrained behind the student’s back. Restraint techniques may
  100  not be used to inflict pain to induce compliance.
  101         (b)Notwithstanding the authority provided in s. 1003.32,
  102  restraint shall be used only to protect the safety of students,
  103  school personnel, or others and may not be used for student
  104  discipline or to correct student noncompliance.
  105         (c)The degree of force applied during physical restraint
  106  must be only that degree of force necessary to protect the
  107  student or others from imminent risk of serious injury.
  108         (4) SCHOOL DISTRICT POLICIES AND PROCEDURES.—
  109         (a) Each school district shall adopt approved behavioral
  110  interventions and restraint training, pursuant to State Board of
  111  Education rules, and identify all school personnel authorized to
  112  use the interventions. Each school district shall develop
  113  policies and procedures that are consistent with this section
  114  which and that govern the following:
  115         1. Incident-reporting procedures.
  116         2. Data collection and monitoring, including when, where,
  117  and why students are restrained and or secluded; the frequency
  118  of occurrences of such restraint or seclusion; and the prone or
  119  mechanical restraint that is most used.
  120         3. Monitoring and reporting of data collected.
  121         4. Training programs and procedures relating to manual or
  122  physical restraint as described in subsection (3) and seclusion.
  123         5. The district’s plan for selecting personnel to be
  124  trained pursuant to this subsection.
  125         6. The district’s plan for reducing the use of restraint,
  126  and seclusion particularly in settings in which it occurs
  127  frequently or with students who are restrained repeatedly, and
  128  for reducing the use of prone restraint and mechanical
  129  restraint. The plan must include a goal for reducing the use of
  130  restraint and seclusion and must include activities, skills, and
  131  resources needed to achieve that goal. Activities may include,
  132  but are not limited to:
  133         a. Additional training in positive behavior interventions
  134  and supports. behavioral support and crisis management;
  135         b. Parental involvement.;
  136         c. Data review.;
  137         d. Updates of students’ functional behavioral analysis and
  138  positive behavior intervention plans.;
  139         e. Additional student evaluations.;
  140         f. Debriefing with staff.;
  141         g. Use of schoolwide positive behavior support.; and
  142         h. Changes to the school environment.
  143         i.Analysis of data to determine trends.
  144         j.Ongoing reduction of the use of restraint.
  145         (b) Any revisions a school district makes to its to the
  146  district’s policies and procedures pursuant to this section,
  147  which must be prepared as part of its special policies and
  148  procedures, must be filed with the bureau chief of the Bureau of
  149  Exceptional Education and Student Services within 90 days after
  150  the revision no later than January 31, 2012.
  151         (c)At the beginning of each school year, each school
  152  district shall publicly post its policies and procedures on
  153  positive behavior interventions and supports as adopted by the
  154  school district.
  155         (5)TRAINING.—Each school district shall provide training
  156  to all school personnel authorized to use positive behavior
  157  interventions and supports pursuant to school district policy.
  158  Training shall be provided annually and must include:
  159         (a)The use of positive behavior interventions and
  160  supports.
  161         (b)Risk assessment procedures to identify when restraint
  162  may be used.
  163         (c)Examples of when positive behavior interventions and
  164  support techniques have failed to reduce the imminent risk of
  165  serious injury.
  166         (d)Examples of safe and appropriate restraint techniques
  167  and how to use these techniques with multiple staff members
  168  working as a team.
  169         (e)Instruction in the district’s documentation and
  170  reporting requirements.
  171         (f)Procedures to identify and deal with possible medical
  172  emergencies arising during the use of restraint.
  173         (g)Cardiopulmonary resuscitation.
  174  
  175  Each school district shall publish the procedures for the
  176  training required under this subsection in the district’s
  177  special policies and procedures manual.
  178         (6)CRISIS INTERVENTION PLAN.—
  179         (a)Upon the second time a student is restrained during a
  180  semester, the school shall develop a crisis intervention plan
  181  for the student. The crisis intervention plan shall be developed
  182  by a team comprised of the student’s parent, school personnel,
  183  and applicable physical and behavioral health professionals.
  184         (b)The crisis intervention plan must include:
  185         1.Specific positive behavior interventions and supports to
  186  use in response to dangerous behaviors that create a threat of
  187  imminent risk of serious injury.
  188         2.Known physical and behavioral health concerns that will
  189  limit the use of restraint for the student.
  190         3.A timetable for the review and, if necessary, revision
  191  of the crisis intervention plan.
  192         (c)The school must provide a copy of the crisis
  193  intervention plan to the student’s parent
  194         (4)PROHIBITED RESTRAINT.—School personnel may not use a
  195  mechanical restraint or a manual or physical restraint that
  196  restricts a student’s breathing.
  197         (5)SECLUSION.—School personnel may not close, lock, or
  198  physically block a student in a room that is unlit and does not
  199  meet the rules of the State Fire Marshal for seclusion time-out
  200  rooms.
  201         Section 2. Section 1003.574, Florida Statutes, is created
  202  to read:
  203         1003.574Video cameras in public school classrooms; pilot
  204  program.—Beginning with the 2021-2022 school year, the Video
  205  Cameras in Public School Classrooms Pilot Program is created for
  206  a period of 3 school years.
  207         (1)As used in this section, the term:
  208         (a)“Incident” means an event, a circumstance, an act, or
  209  an omission that results in the abuse or neglect of a student
  210  by:
  211         1.An employee of a public school or school district; or
  212         2.Another student.
  213         (b)“School district” means the Broward County Public
  214  Schools.
  215  
  216  ================= T I T L E  A M E N D M E N T ================
  217  And the title is amended as follows:
  218         Delete lines 12 - 13
  219  and insert:
  220         adopt approved behavioral interventions and restraint
  221         training, pursuant to State Board of Education rules;
  222         requiring each school