Florida Senate - 2021                              CS for SB 192
       By the Committee on Education; and Senators Book and Rodrigues
       581-03256-21                                           2021192c1
    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 approved behavioral interventions and restraint
   13         training, pursuant to State Board of Education rules;
   14         requiring each school district to publicly post
   15         specified policies and procedures; requiring school
   16         districts to provide training on certain interventions
   17         and supports to specified personnel; providing
   18         requirements for such training; requiring each school
   19         district to publish training procedures in its special
   20         policies and procedures manual; requiring schools to
   21         develop a crisis intervention plan for certain
   22         students; providing requirements for such plans;
   23         revising the requirements for documenting, reporting,
   24         and monitoring the use of restraint; conforming
   25         provisions to changes made by the act; creating s.
   26         1003.574, F.S.; creating the Video Cameras in Public
   27         School Classrooms Pilot Program; defining terms;
   28         requiring a video camera to be placed in specified
   29         classrooms upon the request of a parent; requiring
   30         video cameras to be operational within a specified
   31         time period; providing requirements for the
   32         discontinuation of such video cameras; providing
   33         requirements for such video cameras; providing an
   34         exception; requiring a written explanation if the
   35         operation of such cameras is interrupted; requiring
   36         district school boards to maintain such explanation
   37         for a specified time; requiring schools to provide
   38         written notice of the placement of a video camera to
   39         certain individuals; providing requirements for
   40         retaining and deleting video recordings; prohibiting
   41         specified uses of such video cameras and recordings;
   42         providing that school principals are the custodians of
   43         such video cameras and recordings; providing
   44         requirements for school principals and video
   45         recordings; providing requirements relating to student
   46         privacy; providing requirements for the viewing of
   47         such video recordings; providing for an appeal process
   48         for actions of a school or school district; providing
   49         that incidental viewings of video recordings by
   50         specified individuals are not a violation of certain
   51         provisions; providing construction; requiring the
   52         Department of Education to collect specified
   53         information; authorizing the State Board of Education
   54         to adopt rules; amending s. 1012.582, F.S.; requiring
   55         continuing education and inservice training for
   56         instructional personnel teaching students with
   57         emotional or behavioral disabilities; conforming
   58         provisions to changes made by the act; providing an
   59         effective date.
   61  Be It Enacted by the Legislature of the State of Florida:
   63         Section 1. Section 1003.573, Florida Statutes, is amended
   64  to read:
   65         1003.573 Seclusion and Use of restraint of and seclusion on
   66  students with disabilities in public schools.—
   67         (1) DEFINITIONS.—As used in this section, the term:
   68         (a)“Crisis intervention plan” means an individualized
   69  action plan for school personnel to implement when a student
   70  exhibits dangerous behavior that may lead to imminent risk of
   71  serious injury.
   72         (b)“Imminent risk of serious injury” means the threat
   73  posed by dangerous behavior that may cause serious physical harm
   74  to self or others.
   75         (c)“Positive behavior interventions and supports” means
   76  the use of behavioral interventions to prevent dangerous
   77  behaviors that may cause serious physical harm to the student or
   78  others.
   79         (d)“Restraint” means the use of a mechanical or physical
   80  restraint.
   81         1.“Mechanical restraint” means the use of a device that
   82  restricts a student’s freedom of movement. The term does not
   83  include the use of devices prescribed or recommended by physical
   84  or behavioral health professionals when used for indicated
   85  purposes.
   86         2.“Physical restraint” means the use of manual restraint
   87  techniques that involve significant physical force applied by a
   88  teacher or other staff member to restrict the movement of all or
   89  part of a student’s body. The term does not include briefly
   90  holding a student in order to calm or comfort the student or
   91  physically escorting a student to a safe location.
   92         (e)“Seclusion” means the involuntary confinement of a
   93  student in a room or area alone and preventing the student from
   94  leaving the room or area. The term does not include time-out
   95  used as a behavior management technique intended to calm a
   96  student.
   97         (f)“Student” means a child with an individual education
   98  plan enrolled in kindergarten through grade 12 in a school, as
   99  defined in s. 1003.01(2), or the Florida School for the Deaf and
  100  Blind. The term does not include students in prekindergarten,
  101  students who reside in residential care facilities under s.
  102  1003.58, or students participating in a Department of Juvenile
  103  Justice education program under s. 1003.52.
  105         (a) A school shall prepare an incident report within 24
  106  hours after a student is released from restraint or seclusion.
  107  If the student’s release occurs on a day before the school
  108  closes for the weekend, a holiday, or another reason, the
  109  incident report must be completed by the end of the school day
  110  on the day the school reopens.
  111         (b) The following must be included in the incident report:
  112         1. The name of the student restrained or secluded.
  113         2. The age, grade, ethnicity, and disability of the student
  114  restrained or secluded.
  115         3. The date and time of the event and the duration of the
  116  restraint or seclusion.
  117         4. The location at which the restraint or seclusion
  118  occurred.
  119         5. A description of the type of restraint used in terms
  120  established by the department of Education.
  121         6. The name of the person using or assisting in the
  122  restraint or seclusion of the student and the date the person
  123  was last trained in the use of positive behavior interventions
  124  and supports.
  125         7. The name of any nonstudent who was present to witness
  126  the restraint or seclusion.
  127         8. A description of the incident, including all of the
  128  following:
  129         a. The context in which the restraint or seclusion
  130  occurred.
  131         b. The student’s behavior leading up to and precipitating
  132  the decision to use manual or physical restraint or seclusion,
  133  including an indication as to why there was an imminent risk of
  134  serious injury or death to the student or others.
  135         c. The specific positive behavior interventions and
  136  supports behavioral strategies used to prevent and deescalate
  137  the behavior.
  138         d. What occurred with the student immediately after the
  139  termination of the restraint or seclusion.
  140         e. Any injuries, visible marks, or possible medical
  141  emergencies that may have occurred during the restraint or
  142  seclusion, documented according to district policies.
  143         f. Evidence of steps taken to notify the student’s parent
  144  or guardian.
  145         g.The date the crisis intervention plan was last reviewed
  146  and whether changes were recommended.
  147         (c) A school shall notify the parent or guardian of a
  148  student each time manual or physical restraint or seclusion is
  149  used. Such notification must be in writing and provided before
  150  the end of the school day on which the restraint or seclusion
  151  occurs. Reasonable efforts must also be taken to notify the
  152  parent or guardian by telephone or computer e-mail, or both, and
  153  these efforts must be documented. The school shall obtain, and
  154  keep in its records, the parent’s or guardian’s signed
  155  acknowledgment that he or she was notified of his or her child’s
  156  restraint or seclusion.
  157         (d) A school shall also provide the parent or guardian with
  158  the completed incident report in writing by mail within 3 school
  159  days after a student was manually or physically restrained or
  160  secluded. The school shall obtain, and keep in its records, the
  161  parent’s or guardian’s signed acknowledgment that he or she
  162  received a copy of the incident report.
  163         (2) SECLUSION.—Each school district shall prohibit school
  164  personnel from using seclusion.
  165         (8) MONITORING.—
  166         (a) Monitoring of The use of manual or physical restraint
  167  or seclusion on students shall be monitored occur at the
  168  classroom, building, district, and state levels.
  169         (b) Any documentation prepared by a school pursuant to as
  170  required in subsection (7) (1) shall be provided to the school
  171  principal, the district director of Exceptional Student
  172  Education, and the bureau chief of the Bureau of Exceptional
  173  Education and Student Services electronically each month that
  174  the school is in session.
  175         (c) The department shall maintain aggregate data of
  176  incidents of manual or physical restraint and seclusion and
  177  disaggregate the data for analysis by county, school, student
  178  exceptionality, and other variables, including the type and
  179  method of restraint or seclusion used. This information shall be
  180  updated monthly, de-identified, and made available to the public
  181  through the department’s website no later than October 1, 2021.
  182         (d) The department shall establish standards for
  183  documenting, reporting, and monitoring the incident reports
  184  related to the use of manual or physical restraint or mechanical
  185  restraint, and occurrences of seclusion. These standards shall
  186  be provided to school districts by October 1, 2011.
  187         (3) RESTRAINT.—
  188         (a)Authorized school personnel may use restraint only when
  189  all positive behavior interventions and supports have been
  190  exhausted. Restraint may be used only when there is an imminent
  191  risk of serious injury and shall be discontinued as soon as the
  192  threat posed by the dangerous behavior has dissipated.
  193  Techniques or devices such as straightjackets, zip ties,
  194  handcuffs, or tie downs may not be used in ways that may
  195  obstruct or restrict breathing or blood flow or that place a
  196  student in a facedown position with the student’s hands
  197  restrained behind the student’s back. Restraint techniques may
  198  not be used to inflict pain to induce compliance.
  199         (b)Notwithstanding the authority provided in s. 1003.32,
  200  restraint shall be used only to protect the safety of students,
  201  school personnel, or others and may not be used for student
  202  discipline or to correct student noncompliance.
  203         (c)The degree of force applied during physical restraint
  204  must be only that degree of force necessary to protect the
  205  student or others from imminent risk of serious injury.
  207         (a) Each school district shall adopt approved behavioral
  208  interventions and restraint training, pursuant to State Board of
  209  Education rules, and identify all school personnel authorized to
  210  use the interventions. Each school district shall develop
  211  policies and procedures that are consistent with this section
  212  which and that govern the following:
  213         1. Incident-reporting procedures.
  214         2. Data collection and monitoring, including when, where,
  215  and why students are restrained and or secluded; the frequency
  216  of occurrences of such restraint or seclusion; and the prone or
  217  mechanical restraint that is most used.
  218         3. Monitoring and reporting of data collected.
  219         4. Training programs and procedures relating to manual or
  220  physical restraint as described in subsection (3) and seclusion.
  221         5. The district’s plan for selecting personnel to be
  222  trained pursuant to this subsection.
  223         6. The district’s plan for reducing the use of restraint,
  224  and seclusion particularly in settings in which it occurs
  225  frequently or with students who are restrained repeatedly, and
  226  for reducing the use of prone restraint and mechanical
  227  restraint. The plan must include a goal for reducing the use of
  228  restraint and seclusion and must include activities, skills, and
  229  resources needed to achieve that goal. Activities may include,
  230  but are not limited to:
  231         a. Additional training in positive behavior interventions
  232  and supports. behavioral support and crisis management;
  233         b. Parental involvement.;
  234         c. Data review.;
  235         d. Updates of students’ functional behavioral analysis and
  236  positive behavior intervention plans.;
  237         e. Additional student evaluations.;
  238         f. Debriefing with staff.;
  239         g. Use of schoolwide positive behavior support.; and
  240         h. Changes to the school environment.
  241         i.Analysis of data to determine trends.
  242         j.Ongoing reduction of the use of restraint.
  243         (b) Any revisions a school district makes to its to the
  244  district’s policies and procedures pursuant to this section,
  245  which must be prepared as part of its special policies and
  246  procedures, must be filed with the bureau chief of the Bureau of
  247  Exceptional Education and Student Services within 90 days after
  248  the revision no later than January 31, 2012.
  249         (c)At the beginning of each school year, each school
  250  district shall publicly post its policies and procedures on
  251  positive behavior interventions and supports as adopted by the
  252  school district.
  253         (5)TRAINING.—Each school district shall provide training
  254  to all school personnel authorized to use positive behavior
  255  interventions and supports pursuant to school district policy.
  256  Training shall be provided annually and must include:
  257         (a)The use of positive behavior interventions and
  258  supports.
  259         (b)Risk assessment procedures to identify when restraint
  260  may be used.
  261         (c)Examples of when positive behavior interventions and
  262  support techniques have failed to reduce the imminent risk of
  263  serious injury.
  264         (d)Examples of safe and appropriate restraint techniques
  265  and how to use these techniques with multiple staff members
  266  working as a team.
  267         (e)Instruction in the district’s documentation and
  268  reporting requirements.
  269         (f)Procedures to identify and deal with possible medical
  270  emergencies arising during the use of restraint.
  271         (g)Cardiopulmonary resuscitation.
  273  Each school district shall publish the procedures for the
  274  training required under this subsection in the district’s
  275  special policies and procedures manual.
  277         (a)Upon the second time a student is restrained during a
  278  semester, the school shall develop a crisis intervention plan
  279  for the student. The crisis intervention plan shall be developed
  280  by a team comprised of the student’s parent, school personnel,
  281  and applicable physical and behavioral health professionals.
  282         (b)The crisis intervention plan must include:
  283         1.Specific positive behavior interventions and supports to
  284  use in response to dangerous behaviors that create a threat of
  285  imminent risk of serious injury.
  286         2.Known physical and behavioral health concerns that will
  287  limit the use of restraint for the student.
  288         3.A timetable for the review and, if necessary, revision
  289  of the crisis intervention plan.
  290         (c)The school must provide a copy of the crisis
  291  intervention plan to the student’s parent
  292         (4)PROHIBITED RESTRAINT.—School personnel may not use a
  293  mechanical restraint or a manual or physical restraint that
  294  restricts a student’s breathing.
  295         (5)SECLUSION.—School personnel may not close, lock, or
  296  physically block a student in a room that is unlit and does not
  297  meet the rules of the State Fire Marshal for seclusion time-out
  298  rooms.
  299         Section 2. Section 1003.574, Florida Statutes, is created
  300  to read:
  301         1003.574Video cameras in public school classrooms; pilot
  302  program.—Beginning with the 2021-2022 school year, the Video
  303  Cameras in Public School Classrooms Pilot Program is created for
  304  a period of 3 school years.
  305         (1)As used in this section, the term:
  306         (a)“Incident” means an event, a circumstance, an act, or
  307  an omission that results in the abuse or neglect of a student
  308  by:
  309         1.An employee of a public school or school district; or
  310         2.Another student.
  311         (b)“School district” means the Broward County Public
  312  Schools.
  313         (c)“Self-contained classroom” means a classroom at a
  314  public school in which a majority of the students in regular
  315  attendance are provided special education services and are
  316  assigned to one or more such classrooms for at least 50 percent
  317  of the instructional day.
  318         (2)(a)A school district shall provide a video camera to
  319  any school with a self-contained classroom upon the written
  320  request of a parent of a student in the classroom.
  321         (b)Within 30 days after receipt of the request from a
  322  parent, a video camera shall be operational in each self
  323  contained classroom in which the parent’s student is in regular
  324  attendance for the remainder of the school year, unless the
  325  parent withdraws his or her request in writing.
  326         (3)If the student who is the subject of the initial
  327  request is no longer in attendance in the classroom and a school
  328  discontinues operation of a video camera during a school year,
  329  no later than the fifth school day before the date the operation
  330  of the video camera is discontinued, the school must notify the
  331  parents of each student in regular attendance in the classroom
  332  that operation of the video camera will cease unless the
  333  continued use of the camera is requested by a parent. No later
  334  than the 10th school day before the end of each school year, the
  335  school must notify the parents of each student in regular
  336  attendance in the classroom that operation of the video camera
  337  will not continue during the following school year unless a
  338  written request is submitted by a parent for the next school
  339  year.
  340         (4)(a)A video camera placed in a self-contained classroom
  341  must be capable of all of the following:
  342         1.Monitoring all areas of the self-contained classroom,
  343  including, without limitation, any room attached to the self
  344  contained classroom which is used for other purposes.
  345         2.Recording audio from all areas of the self-contained
  346  classroom, including, without limitation, any room attached to
  347  the self-contained classroom which is used for other purposes.
  348         (b)A video camera placed in a self-contained classroom may
  349  not monitor a restroom or any other area in the self-contained
  350  classroom where a student changes his or her clothes, except for
  351  the entryway, exitway, or hallway outside a restroom or other
  352  area where a student changes his or her clothes because of the
  353  layout of the self-contained classroom.
  354         (c)A video camera placed in a self-contained classroom is
  355  not required to be in operation when students are not present in
  356  the self-contained classroom.
  357         (d)If there is an interruption in the operation of the
  358  video camera for any reason, an explanation must be submitted in
  359  writing to the school principal and the district school board
  360  which explains the reason for and duration of the interruption.
  361  The written explanation must be maintained at the district
  362  school board office for at least 1 year.
  363         (5)Before a school initially places a video camera in a
  364  self-contained classroom pursuant to this section, the school
  365  shall provide written notice of the placement of such video
  366  camera to all of the following:
  367         (a)The parent of each student who is assigned to the self
  368  contained classroom.
  369         (b)Each student who is assigned to the self-contained
  370  classroom.
  371         (c)The school district.
  372         (d)Each school employee who is assigned to work with one
  373  or more students in the self-contained classroom.
  374         (6)A school shall:
  375         (a)Retain video recorded from a video camera placed
  376  pursuant to this section for at least 3 months after the date
  377  the video was recorded, after which the recording shall be
  378  deleted or otherwise made irretrievable; or
  379         (b)Retain the recording until the conclusion of any
  380  investigation or any administrative or legal proceedings that
  381  result from the recording have been completed, including,
  382  without limitation, the exhaustion of all appeals.
  383         (7)A school or school district may not:
  384         (a)Allow regular, continuous, or continual monitoring of
  385  videos recorded under this section; or
  386         (b)Use videos recorded under this section for teacher
  387  evaluations or any purpose other than for ensuring the health,
  388  safety, and well-being of students receiving special education
  389  services in a self-contained classroom.
  390         (8)The principal of the school is the custodian of a video
  391  camera operated pursuant to this section, all recordings
  392  generated by that video camera, and access to such recordings.
  393         (a)The release or viewing of any video recording under
  394  this section must comply with s. 1002.22.
  395         (b)A school or school district shall:
  396         1.Conceal the identity of any student who appears in a
  397  video recording, but is not involved in the alleged incident
  398  documented by the video recording, which the school allows to be
  399  viewed under subsection (9), including, without limitation,
  400  blurring the face of the uninvolved student.
  401         2.Protect the confidentiality of all student records
  402  contained in a video recording in accordance with s. 1002.22.
  403         (9)(a)Within 7 days after receiving a request to view a
  404  video recording, a school or school district shall allow the
  405  following individuals to view a video recording made under this
  406  section:
  407         1.A school or school district employee who is involved in
  408  an alleged incident that is documented by the video recording as
  409  part of the investigative process;
  410         2.A parent of a student who is involved in an alleged
  411  incident that is documented by the video recording and has been
  412  reported to the school or school district;
  413         3.A school or school district employee as part of an
  414  investigation into an alleged incident that is documented by the
  415  video recording and has been reported to the school or school
  416  district;
  417         4.A law enforcement officer as part of an investigation
  418  into an alleged incident that is documented by the video
  419  recording and has been reported to the law enforcement agency;
  420  or
  421         5.The Department of Children and Families as part of a
  422  child abuse or neglect investigation.
  423         (b)A person who requests to view a recording shall make
  424  himself or herself available for viewing the recording within 30
  425  days after being notified by the school or school district that
  426  the person’s request has been granted.
  427         (c)A person who views the recording and suspects that
  428  child abuse has occurred must report the suspected child abuse
  429  to the Department of Children and Families.
  430         (10)(a)Any individual may appeal to the State Board of
  431  Education regarding an action by a school or school district
  432  which the individual alleges to be in violation of this section.
  433         (b)The state board shall grant a hearing on an appeal
  434  under this subsection within 45 days after receiving the appeal.
  435         (11)A school or school district does not violate
  436  subsection (8) if a contractor or other employee of the school
  437  or school district incidentally views a video recording made
  438  under this section in connection with the performance of his or
  439  her duties related to either of the following:
  440         (a)The installation, operation, or maintenance of video
  441  equipment; or
  442         (b)The retention of video recordings.
  443         (12)This section does not:
  444         (a)Limit the access of the parent of a student, under the
  445  Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. s.
  446  1232g, or any other law, to a video recording regarding his or
  447  her student.
  448         (b)Waive any immunity from liability of a school district
  449  or an employee of a school district.
  450         (c)Create any liability for a cause of action against a
  451  school or school district or an employee of a school or school
  452  district carrying out the duties and responsibilities required
  453  by this section.
  454         (d)Apply to self-contained classrooms in which the only
  455  students receiving special education services are those who have
  456  been deemed gifted.
  457         (13)The department shall collect information relating to
  458  the installation and maintenance of video cameras under this
  459  section.
  460         (14)The State Board of Education may adopt rules to
  461  implement this section.
  462         Section 3. Section 1012.582, Florida Statutes, is amended
  463  to read:
  464         1012.582 Continuing education and inservice training for
  465  teaching students with developmental and emotional or behavioral
  466  disabilities.—
  467         (1) The Commissioner of Education shall develop
  468  recommendations to incorporate instruction regarding autism
  469  spectrum disorder, Down syndrome, and other developmental
  470  disabilities, and emotional or behavioral disabilities into
  471  continuing education or inservice training requirements for
  472  instructional personnel. These recommendations shall address:
  473         (a) Early identification of, and intervention for, students
  474  who have autism spectrum disorder, Down syndrome, or other
  475  developmental disabilities, or emotional or behavioral
  476  disabilities.
  477         (b) Curriculum planning and curricular and instructional
  478  modifications, adaptations, and specialized strategies and
  479  techniques.
  480         (c) The use of available state and local resources.
  481         (d) The use of positive behavior interventions and
  482  behavioral supports to deescalate problem behaviors.
  483         (e) The Appropriate use of manual physical restraint and
  484  seclusion techniques, positive behavior interventions and
  485  supports, and effective classroom behavior management
  486  strategies.
  487         (2) In developing the recommendations, the commissioner
  488  shall consult with the State Surgeon General, the Director of
  489  the Agency for Persons with Disabilities, representatives from
  490  the education community in the state, and representatives from
  491  entities that promote awareness about autism spectrum disorder,
  492  Down syndrome, and other developmental disabilities, and
  493  emotional or behavioral disabilities and provide programs and
  494  services to persons with developmental disabilities, including,
  495  but not limited to, regional autism centers pursuant to s.
  496  1004.55.
  497         (3) Beginning with the 2010-2011 school year, the
  498  Department of Education shall incorporate the course curricula
  499  recommended by the Commissioner of Education, pursuant to
  500  subsection (1), into existing requirements for the continuing
  501  education or inservice training of instructional personnel. The
  502  requirements of this section may not add to the total hours
  503  required for continuing education or inservice training as
  504  currently established by the department.
  505         (4) The State Board of Education may adopt rules pursuant
  506  to ss. 120.536(1) and 120.54 to implement this section.
  507         Section 4. This act shall take effect July 1, 2021.