Florida Senate - 2021                                     SB 192
       By Senator Book
       32-00220-21                                            2021192__
    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; requiring school districts to prohibit the use
    5         of seclusion on students with disabilities in public
    6         schools; requiring the Department of Education to make
    7         certain information available to the public by a
    8         specified date; providing requirements for the use of
    9         restraint; prohibiting specified restraint techniques;
   10         revising school district policies and procedures
   11         relating to restraint; requiring school districts to
   12         adopt positive behavior interventions and supports and
   13         certain policies and procedures; requiring each school
   14         district to publicly post specified policies and
   15         procedures; requiring school districts to provide
   16         training on certain interventions and supports to
   17         specified personnel; providing requirements for such
   18         training; requiring each school district to publish
   19         training procedures in its special policies and
   20         procedures manual; requiring schools to develop a
   21         crisis intervention plan for certain students;
   22         providing requirements for such plans; revising the
   23         requirements for documenting, reporting, and
   24         monitoring the use of restraint; conforming provisions
   25         to changes made by the act; creating s. 1003.574,
   26         F.S.; creating the Video Cameras in Public School
   27         Classrooms Pilot Program; defining terms; requiring a
   28         video camera to be placed in specified classrooms upon
   29         the request of a parent; requiring video cameras to be
   30         operational within a specified time period; providing
   31         requirements for the discontinuation of such video
   32         cameras; providing requirements for such video
   33         cameras; providing an exception; requiring a written
   34         explanation if the operation of such cameras is
   35         interrupted; requiring district school boards to
   36         maintain such explanation for a specified time;
   37         requiring schools to provide written notice of the
   38         placement of a video camera to certain individuals;
   39         providing requirements for retaining and deleting
   40         video recordings; prohibiting specified uses of such
   41         video cameras and recordings; providing that school
   42         principals are the custodians of such video cameras
   43         and recordings; providing requirements for school
   44         principals and video recordings; providing
   45         requirements relating to student privacy; providing
   46         requirements for the viewing of such video recordings;
   47         providing for an appeal process for actions of a
   48         school or school district; providing that incidental
   49         viewings of video recordings by specified individuals
   50         are not a violation of certain provisions; providing
   51         construction; requiring the Department of Education to
   52         collect specified information; authorizing the State
   53         Board of Education to adopt rules; amending s.
   54         1012.582, F.S.; requiring continuing education and
   55         inservice training for instructional personnel
   56         teaching students with emotional or behavioral
   57         disabilities; conforming provisions to changes made by
   58         the act; providing an effective date.
   60  Be It Enacted by the Legislature of the State of Florida:
   62         Section 1. Section 1003.573, Florida Statutes, is amended
   63  to read:
   64         1003.573 Seclusion and Use of restraint of and seclusion on
   65  students with disabilities in public schools.—
   66         (1) DEFINITIONS.—As used in this section, the term:
   67         (a)“Crisis intervention plan” means an individualized
   68  action plan for school personnel to implement when a student
   69  exhibits dangerous behavior that may lead to imminent risk of
   70  serious injury.
   71         (b)“Imminent risk of serious injury” means the threat
   72  posed by dangerous behavior that may cause serious physical harm
   73  to self or others.
   74         (c)“Positive behavior interventions and supports” means
   75  the use of behavioral interventions to prevent dangerous
   76  behaviors that may cause serious physical harm to the student or
   77  others.
   78         (d)“Restraint” means the use of a mechanical or physical
   79  restraint.
   80         1.“Mechanical restraint” means the use of a device that
   81  restricts a student’s freedom of movement. The term does not
   82  include the use of devices prescribed or recommended by physical
   83  or behavioral health professionals when used for indicated
   84  purposes.
   85         2.“Physical restraint” means the use of manual restraint
   86  techniques that involve significant physical force applied by a
   87  teacher or other staff member to restrict the movement of all or
   88  part of a student’s body. The term does not include briefly
   89  holding a student in order to calm or comfort the student or
   90  physically escorting a student to a safe location.
   91         (e)“Seclusion” means the involuntary confinement of a
   92  student in a room or area alone and preventing the student from
   93  leaving the room or area. The term does not include time-out
   94  used as a behavior management technique intended to calm a
   95  student.
   96         (f)“Student” means a child with an individual education
   97  plan enrolled in kindergarten through grade 12 in a school, as
   98  defined in s. 1003.01(2), or the Florida School for the Deaf and
   99  Blind. The term does not include students in prekindergarten,
  100  students who reside in residential care facilities under s.
  101  1003.58, or students participating in a Department of Juvenile
  102  Justice education program under s. 1003.53.
  104         (a) A school shall prepare an incident report within 24
  105  hours after a student is released from restraint or seclusion.
  106  If the student’s release occurs on a day before the school
  107  closes for the weekend, a holiday, or another reason, the
  108  incident report must be completed by the end of the school day
  109  on the day the school reopens.
  110         (b) The following must be included in the incident report:
  111         1. The name of the student restrained or secluded.
  112         2. The age, grade, ethnicity, and disability of the student
  113  restrained or secluded.
  114         3. The date and time of the event and the duration of the
  115  restraint or seclusion.
  116         4. The location at which the restraint or seclusion
  117  occurred.
  118         5. A description of the type of restraint used in terms
  119  established by the department of Education.
  120         6. The name of the person using or assisting in the
  121  restraint or seclusion of the student and the date the person
  122  was last trained in the use of positive behavior interventions
  123  and supports.
  124         7. The name of any nonstudent who was present to witness
  125  the restraint or seclusion.
  126         8. A description of the incident, including all of the
  127  following:
  128         a. The context in which the restraint or seclusion
  129  occurred.
  130         b. The student’s behavior leading up to and precipitating
  131  the decision to use manual or physical restraint or seclusion,
  132  including an indication as to why there was an imminent risk of
  133  serious injury or death to the student or others.
  134         c. The specific positive behavior interventions and
  135  supports behavioral strategies used to prevent and deescalate
  136  the behavior.
  137         d. What occurred with the student immediately after the
  138  termination of the restraint or seclusion.
  139         e. Any injuries, visible marks, or possible medical
  140  emergencies that may have occurred during the restraint or
  141  seclusion, documented according to district policies.
  142         f. Evidence of steps taken to notify the student’s parent
  143  or guardian.
  144         g.The date the crisis intervention plan was last reviewed
  145  and whether changes were recommended.
  146         (c) A school shall notify the parent or guardian of a
  147  student each time manual or physical restraint or seclusion is
  148  used. Such notification must be in writing and provided before
  149  the end of the school day on which the restraint or seclusion
  150  occurs. Reasonable efforts must also be taken to notify the
  151  parent or guardian by telephone or computer e-mail, or both, and
  152  these efforts must be documented. The school shall obtain, and
  153  keep in its records, the parent’s or guardian’s signed
  154  acknowledgment that he or she was notified of his or her child’s
  155  restraint or seclusion.
  156         (d) A school shall also provide the parent or guardian with
  157  the completed incident report in writing by mail within 3 school
  158  days after a student was manually or physically restrained or
  159  secluded. The school shall obtain, and keep in its records, the
  160  parent’s or guardian’s signed acknowledgment that he or she
  161  received a copy of the incident report.
  162         (2) SECLUSION.—Each school district shall prohibit school
  163  personnel from using seclusion.
  164         (8) MONITORING.—
  165         (a) Monitoring of The use of manual or physical restraint
  166  or seclusion on students shall be monitored occur at the
  167  classroom, building, district, and state levels.
  168         (b) Any documentation prepared by a school pursuant to as
  169  required in subsection (7) (1) shall be provided to the school
  170  principal, the district director of Exceptional Student
  171  Education, and the bureau chief of the Bureau of Exceptional
  172  Education and Student Services electronically each month that
  173  the school is in session.
  174         (c) The department shall maintain aggregate data of
  175  incidents of manual or physical restraint and seclusion and
  176  disaggregate the data for analysis by county, school, student
  177  exceptionality, and other variables, including the type and
  178  method of restraint or seclusion used. This information shall be
  179  updated monthly, de-identified, and made available to the public
  180  through the department’s website no later than October 1, 2021.
  181         (d) The department shall establish standards for
  182  documenting, reporting, and monitoring the incident reports
  183  related to the use of manual or physical restraint or mechanical
  184  restraint, and occurrences of seclusion. These standards shall
  185  be provided to school districts by October 1, 2011.
  186         (3) RESTRAINT.—
  187         (a)Authorized school personnel may use restraint only when
  188  all positive behavior interventions and supports have been
  189  exhausted. Restraint may be used only when there is an imminent
  190  risk of serious injury and shall be discontinued as soon as the
  191  threat posed by the dangerous behavior has dissipated.
  192  Straightjackets, zip ties, handcuffs, or tie-downs may not be
  193  used to obstruct or restrict breathing or blood flow. Restraint
  194  techniques may not be used to inflict pain to induce compliance.
  195         (b)Notwithstanding the authority provided in s. 1003.32,
  196  restraint shall be used only to protect the safety of students,
  197  school personnel, or others and may not be used for student
  198  discipline or to correct student noncompliance.
  199         (c)The degree of force applied during physical restraint
  200  must be only that degree of force necessary to protect the
  201  student or others from imminent risk of serious injury.
  203         (a) Each school district shall adopt positive behavior
  204  interventions and supports and identify all school personnel
  205  authorized to use the interventions and supports. Each school
  206  district shall develop policies and procedures that are
  207  consistent with this section and that govern the following:
  208         1. Incident-reporting procedures.
  209         2. Data collection and monitoring, including when, where,
  210  and why students are restrained and or secluded; the frequency
  211  of occurrences of such restraint or seclusion; and the prone or
  212  mechanical restraint that is most used.
  213         3. Monitoring and reporting of data collected.
  214         4. Training programs and procedures relating to manual or
  215  physical restraint as described in subsection (3) and seclusion.
  216         5. The district’s plan for selecting personnel to be
  217  trained pursuant to this subsection.
  218         6. The district’s plan for reducing the use of restraint,
  219  and seclusion particularly in settings in which it occurs
  220  frequently or with students who are restrained repeatedly, and
  221  for reducing the use of prone restraint and mechanical
  222  restraint. The plan must include a goal for reducing the use of
  223  restraint and seclusion and must include activities, skills, and
  224  resources needed to achieve that goal. Activities may include,
  225  but are not limited to:
  226         a. Additional training in positive behavior interventions
  227  and supports. behavioral support and crisis management;
  228         b. Parental involvement.;
  229         c. Data review.;
  230         d. Updates of students’ functional behavioral analysis and
  231  positive behavior intervention plans.;
  232         e. Additional student evaluations.;
  233         f. Debriefing with staff.;
  234         g. Use of schoolwide positive behavior support.; and
  235         h. Changes to the school environment.
  236         i.Analysis of data to determine trends.
  237         j.Ongoing reduction of the use of restraint.
  238         (b) Any revisions a school district makes to its to the
  239  district’s policies and procedures pursuant to this section,
  240  which must be prepared as part of its special policies and
  241  procedures, must be filed with the bureau chief of the Bureau of
  242  Exceptional Education and Student Services within 90 days after
  243  the revision no later than January 31, 2012.
  244         (c)At the beginning of each school year, each school
  245  district shall publicly post its policies and procedures on
  246  positive behavior interventions and supports as adopted by the
  247  school district.
  248         (5)TRAINING.—Each school district shall provide training
  249  to all school personnel authorized to use positive behavior
  250  interventions and supports pursuant to school district policy.
  251  Training shall be provided annually and must include:
  252         (a)The use of positive behavior interventions and
  253  supports.
  254         (b)Risk assessment procedures to identify when restraint
  255  may be used.
  256         (c)Examples of when positive behavior interventions and
  257  support techniques have failed to reduce the imminent risk of
  258  serious injury.
  259         (d)Examples of safe and appropriate restraint techniques
  260  and how to use these techniques with multiple staff members
  261  working as a team.
  262         (e)Instruction in the district’s documentation and
  263  reporting requirements.
  264         (f)Procedures to identify and deal with possible medical
  265  emergencies arising during the use of restraint.
  266         (g)Cardiopulmonary resuscitation.
  268  Each school district shall publish the procedures for the
  269  training required under this subsection in the district’s
  270  special policies and procedures manual.
  272         (a)Upon the second time a student is restrained during a
  273  semester, the school shall develop a crisis intervention plan
  274  for the student. The crisis intervention plan shall be developed
  275  by a team comprised of the student’s parent, school personnel,
  276  and applicable physical and behavioral health professionals.
  277         (b)The crisis intervention plan must include:
  278         1.Specific positive behavior interventions and supports to
  279  use in response to dangerous behaviors that create a threat of
  280  imminent risk of serious injury.
  281         2.Known physical and behavioral health concerns that will
  282  limit the use of restraint for the student.
  283         3.A timetable for the review and, if necessary, revision
  284  of the crisis intervention plan.
  285         (c)The school must provide a copy of the crisis
  286  intervention plan to the student’s parent
  287         (4)PROHIBITED RESTRAINT.—School personnel may not use a
  288  mechanical restraint or a manual or physical restraint that
  289  restricts a student’s breathing.
  290         (5)SECLUSION.—School personnel may not close, lock, or
  291  physically block a student in a room that is unlit and does not
  292  meet the rules of the State Fire Marshal for seclusion time-out
  293  rooms.
  294         Section 2. Section 1003.574, Florida Statutes, is created
  295  to read:
  296         1003.574Video cameras in public school classrooms; pilot
  297  program.—Beginning with the 2021-2022 school year, the Video
  298  Cameras in Public School Classrooms Pilot Program is created for
  299  a period of 3 school years.
  300         (1)As used in this section, the term:
  301         (a)“Incident” means an event, a circumstance, an act, or
  302  an omission that results in the abuse or neglect of a student
  303  by:
  304         1.An employee of a public school or school district; or
  305         2.Another student.
  306         (b)“School district” means the Broward County Public
  307  Schools and the Volusia County Schools.
  308         (c)“Self-contained classroom” means a classroom at a
  309  public school in which a majority of the students in regular
  310  attendance are provided special education services and are
  311  assigned to one or more such classrooms for at least 50 percent
  312  of the instructional day.
  313         (2)(a)A school district shall provide a video camera to
  314  any school with a self-contained classroom upon the written
  315  request of a parent of a student in the classroom.
  316         (b)Within 30 days after receipt of the request from a
  317  parent, a video camera shall be operational in each self
  318  contained classroom in which the parent’s student is in regular
  319  attendance for the remainder of the school year, unless the
  320  parent withdraws his or her request in writing.
  321         (3)If the student who is the subject of the initial
  322  request is no longer in attendance in the classroom and a school
  323  discontinues operation of a video camera during a school year,
  324  no later than the fifth school day before the date the operation
  325  of the video camera is discontinued, the school must notify the
  326  parents of each student in regular attendance in the classroom
  327  that operation of the video camera will cease unless the
  328  continued use of the camera is requested by a parent. No later
  329  than the 10th school day before the end of each school year, the
  330  school must notify the parents of each student in regular
  331  attendance in the classroom that operation of the video camera
  332  will not continue during the following school year unless a
  333  written request is submitted by a parent for the next school
  334  year.
  335         (4)(a)A video camera placed in a self-contained classroom
  336  must be capable of all of the following:
  337         1.Monitoring all areas of the self-contained classroom,
  338  including, without limitation, any room attached to the self
  339  contained classroom which is used for other purposes.
  340         2.Recording audio from all areas of the self-contained
  341  classroom, including, without limitation, any room attached to
  342  the self-contained classroom which is used for other purposes.
  343         (b)A video camera placed in a self-contained classroom may
  344  not monitor a restroom or any other area in the self-contained
  345  classroom where a student changes his or her clothes, except for
  346  the entryway, exitway, or hallway outside a restroom or other
  347  area where a student changes his or her clothes because of the
  348  layout of the self-contained classroom.
  349         (c)A video camera placed in a self-contained classroom is
  350  not required to be in operation when students are not present in
  351  the self-contained classroom.
  352         (d)If there is an interruption in the operation of the
  353  video camera for any reason, an explanation must be submitted in
  354  writing to the school principal and the district school board
  355  which explains the reason for and duration of the interruption.
  356  The written explanation must be maintained at the district
  357  school board office for at least 1 year.
  358         (5)Before a school initially places a video camera in a
  359  self-contained classroom pursuant to this section, the school
  360  shall provide written notice of the placement of such video
  361  camera to all of the following:
  362         (a)The parent of each student who is assigned to the self
  363  contained classroom.
  364         (b)Each student who is assigned to the self-contained
  365  classroom.
  366         (c)The school district.
  367         (d)Each school employee who is assigned to work with one
  368  or more students in the self-contained classroom.
  369         (6)A school shall:
  370         (a)Retain video recorded from a video camera placed
  371  pursuant to this section for at least 3 months after the date
  372  the video was recorded, after which the recording shall be
  373  deleted or otherwise made irretrievable; or
  374         (b)Retain the recording until the conclusion of any
  375  investigation or any administrative or legal proceedings that
  376  result from the recording have been completed, including,
  377  without limitation, the exhaustion of all appeals.
  378         (7)A school or school district may not:
  379         (a)Allow regular, continuous, or continual monitoring of
  380  videos recorded under this section; or
  381         (b)Use videos recorded under this section for teacher
  382  evaluations or any purpose other than for ensuring the health,
  383  safety, and well-being of students receiving special education
  384  services in a self-contained classroom.
  385         (8)The principal of the school is the custodian of a video
  386  camera operated pursuant to this section, all recordings
  387  generated by that video camera, and access to such recordings.
  388         (a)The release or viewing of any video recording under
  389  this section must comply with s. 1002.22.
  390         (b)A school or school district shall:
  391         1.Conceal the identity of any student who appears in a
  392  video recording, but is not involved in the alleged incident
  393  documented by the video recording, which the school allows to be
  394  viewed under subsection (9), including, without limitation,
  395  blurring the face of the uninvolved student.
  396         2.Protect the confidentiality of all student records
  397  contained in a video recording in accordance with s. 1002.22.
  398         (9)(a)Within 7 days after receiving a request to view a
  399  video recording, a school or school district shall allow the
  400  following individuals to view a video recording made under this
  401  section:
  402         1.A school or school district employee who is involved in
  403  an alleged incident that is documented by the video recording as
  404  part of the investigative process;
  405         2.A parent of a student who is involved in an alleged
  406  incident that is documented by the video recording and has been
  407  reported to the school or school district;
  408         3.A school or school district employee as part of an
  409  investigation into an alleged incident that is documented by the
  410  video recording and has been reported to the school or school
  411  district;
  412         4.A law enforcement officer as part of an investigation
  413  into an alleged incident that is documented by the video
  414  recording and has been reported to the law enforcement agency;
  415  or
  416         5.The Department of Children and Families as part of a
  417  child abuse or neglect investigation.
  418         (b)A person who requests to view a recording shall make
  419  himself or herself available for viewing the recording within 30
  420  days after being notified by the school or school district that
  421  the person’s request has been granted.
  422         (c)A person who views the recording and suspects that
  423  child abuse has occurred must report the suspected child abuse
  424  to the Department of Children and Families.
  425         (10)(a)Any individual may appeal to the State Board of
  426  Education regarding an action by a school or school district
  427  which the individual alleges to be in violation of this section.
  428         (b)The state board shall grant a hearing on an appeal
  429  under this subsection within 45 days after receiving the appeal.
  430         (11)A school or school district does not violate
  431  subsection (8) if a contractor or other employee of the school
  432  or school district incidentally views a video recording made
  433  under this section in connection with the performance of his or
  434  her duties related to either of the following:
  435         (a)The installation, operation, or maintenance of video
  436  equipment; or
  437         (b)The retention of video recordings.
  438         (12)This section does not:
  439         (a)Limit the access of the parent of a student, under the
  440  Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. s.
  441  1232g, or any other law, to a video recording regarding his or
  442  her student.
  443         (b)Waive any immunity from liability of a school district
  444  or an employee of a school district.
  445         (c)Create any liability for a cause of action against a
  446  school or school district or an employee of a school or school
  447  district carrying out the duties and responsibilities required
  448  by this section.
  449         (d)Apply to self-contained classrooms in which the only
  450  students receiving special education services are those who have
  451  been deemed gifted.
  452         (13)The department shall collect information relating to
  453  the installation and maintenance of video cameras under this
  454  section.
  455         (14)The State Board of Education may adopt rules to
  456  implement this section.
  457         Section 3. Section 1012.582, Florida Statutes, is amended
  458  to read:
  459         1012.582 Continuing education and inservice training for
  460  teaching students with developmental and emotional or behavioral
  461  disabilities.—
  462         (1) The Commissioner of Education shall develop
  463  recommendations to incorporate instruction regarding autism
  464  spectrum disorder, Down syndrome, and other developmental
  465  disabilities, and emotional or behavioral disabilities into
  466  continuing education or inservice training requirements for
  467  instructional personnel. These recommendations shall address:
  468         (a) Early identification of, and intervention for, students
  469  who have autism spectrum disorder, Down syndrome, or other
  470  developmental disabilities, or emotional or behavioral
  471  disabilities.
  472         (b) Curriculum planning and curricular and instructional
  473  modifications, adaptations, and specialized strategies and
  474  techniques.
  475         (c) The use of available state and local resources.
  476         (d) The use of positive behavior interventions and
  477  behavioral supports to deescalate problem behaviors.
  478         (e) The Appropriate use of manual physical restraint and
  479  seclusion techniques, positive behavior interventions and
  480  supports, and effective classroom behavior management
  481  strategies.
  482         (2) In developing the recommendations, the commissioner
  483  shall consult with the State Surgeon General, the Director of
  484  the Agency for Persons with Disabilities, representatives from
  485  the education community in the state, and representatives from
  486  entities that promote awareness about autism spectrum disorder,
  487  Down syndrome, and other developmental disabilities, and
  488  emotional or behavioral disabilities and provide programs and
  489  services to persons with developmental disabilities, including,
  490  but not limited to, regional autism centers pursuant to s.
  491  1004.55.
  492         (3) Beginning with the 2010-2011 school year, the
  493  Department of Education shall incorporate the course curricula
  494  recommended by the Commissioner of Education, pursuant to
  495  subsection (1), into existing requirements for the continuing
  496  education or inservice training of instructional personnel. The
  497  requirements of this section may not add to the total hours
  498  required for continuing education or inservice training as
  499  currently established by the department.
  500         (4) The State Board of Education may adopt rules pursuant
  501  to ss. 120.536(1) and 120.54 to implement this section.
  502         Section 4. This act shall take effect July 1, 2021.