HB 120 — LIMITING STUDENT RESTRAINT & SECLUSION

w l n d 18 (2) the restraint or seclusion technique shall = = 19 a l end when the student's behavior no longer presents an imminent i a e r 20 danger of serious physical harm to the student or others;

a t m m 21 (3) the restraint or seclusion technique shall d r e 22 be used only by school employees who are trained in the safe c e s k 23 and effective use of restraint and seclusion techniques unless e a n b 24 an emergency situation does not allow sufficient time to summon u [ those trained school employees;

.232587.1 - 4 - (4) the restraint technique employed shall not impede the student's ability to breathe or speak;

and (5) the restraint technique shall not be out of proportion to the student's age or physical condition.] However, if the student is eloping and the conditions in Paragraphs (1) and (2) of this subsection are also met, the student may be restrained.

For elopement that falls short of the conditions in Paragraphs (1) and (2) of this subsection, physical restraint is not authorized, but physical escort may be appropriate.

[C.

Schools] D.

A local school board or governing body shall establish policies and procedures for the training and use of positive behavior interventions and supports, de- escalation, physical restraint, [or] seclusion or other behavior management techniques in a school safety plan;

provided that [(1)] the school safety plan shall:

e t 17 (1) be in accordance with guidance issued by w l n d 18 the department;

= = 19 a l (2) not be specific to [any] an individual i a e r 20 student, but may be specific to individual public schools;

[and a t m m 21 (2) any school safety plan shall] (3) be d r e 22 drafted by a planning team that includes at least one special c e s k 23 education expert and at least one person trained and certified e a n b 24 in positive behavior interventions and supports, de-escalation u [ and restraint techniques;

.232587.1 - 5 - (4) address supports and strategies applicable to physical restraint or seclusion for school employees to successfully reintegrate a student who has been physically restrained or secluded back into the school or classroom;

(5) address elopement in a separate section and have procedures for managing elopement that requires physical restraint and elopement that requires less restrictive interventions;

and (6) be approved by the department.

E.

Training of school employees designated in the school safety plan shall occur biannually and in the same year as hiring for a new school employee.

All training shall be approved by the department.

At least one school administrator at each public school shall receive training addressing Paragraphs (1), (2) and (5) of this subsection, and other school employees shall be designated to receive training as e t 17 necessary to carry out the provisions of this section, as w l n d 18 approved by the department.

Training shall include:

= = 19 a l (1) less restrictive interventions, including i a e r 20 positive behavior interventions and supports and de-escalation;

a t m m 21 (2) hypothetical-situation training for d r e 22 triaging the use of less restrictive interventions than c e s k 23 physical restraint or seclusion;

e a n b 24 (3) practice sessions on the use of physical u [ restraint or seclusion;

.232587.1 - 6 - (4) the use of physical restraint or seclusion that is in proportion to the student's age or physical condition;

and (5) monitoring, documenting and reporting when physical restraint or seclusion is used.

F.

If physical restraint or seclusion is used on a student:

(1) school employees shall maintain continuous visual observation and monitoring of the student while the student is being restrained or secluded;

(2) physical restraint or seclusion shall end immediately when the student's behavior no longer presents an imminent danger of serious physical harm to the student or others;

(3) physical restraint or seclusion shall be used only by school employees who are trained in the safe and e t 17 effective use of restraint or seclusion unless an emergency w l n d 18 situation does not allow sufficient time to summon those = = 19 a l trained school employees and the imminent danger to the student i a e r 20 or others is greater than the risk of harm of the physical a t m m 21 restraint or seclusion to the student;

d r e 22 (4) the physical restraint or seclusion c e s k 23 employed shall not impede the student's ability to breathe or e a n b 24 communicate;

and u [ (5) physical restraint or seclusion shall not .232587.1 - 7 - be out of proportion to the student's age or physical condition and shall be consistent with the medical or other needs of the student known to the person applying the physical restraint.

G.

Time-out shall not be used as a punishment.

[D.

Schools] H.

A local school board or governing body shall establish reporting and documentation procedures to be followed when a physical restraint or seclusion [technique] has been used on a student.

The procedures shall include the following provisions:

(1) a school employee shall provide the student's parent [or guardian] with written or oral notice on the same day that the incident occurred, unless circumstances prevent same-day notification.

If the notice is not provided on the same day of the incident, notice shall be given within twenty-four hours after the incident;

(2) within [a reasonable time] three school e t 17 days following the incident, a school employee shall provide w l n d 18 the student's parent [or guardian] with more specific written = = 19 a l documentation [that includes information about any persons, i a e r 20 locations or activities that may have triggered the behavior, a t m m 21 if known, and specific information about the behavior and its d r e 22 precursors, the type of restraint or seclusion technique used c e s k 23 and the duration of its use;

and] on a department-issued form e a n b 24 that includes:

u [ (a) any known precursors that may have .232587.1 - 8 - triggered the behavior, such as specific persons, locations or activities;

(b) a description of the behavior;

(c) the reason for physical restraint or seclusion;

(d) any less restrictive interventions attempted or, if none were attempted, why;

(e) the duration of the physical restraint or seclusion;

(f) the location of the physical restraint or seclusion;

(g) the behavior management techniques used;

(h) the staff involved in the physical restraint or seclusion;

and (i) the date of the involved staff's e t 17 last training pursuant to this section;

w l n d 18 (3) [schools] a public school shall review = = 19 a l strategies used to address a student's dangerous behavior with i a e r 20 a person trained and certified in de-escalation techniques, a t m m 21 physical restraint or seclusion if use of physical restraint or d r e 22 seclusion [techniques] for an individual student has occurred c e s k 23 [two or more times] more than one time during [any thirty- e a n b 24 calendar-day period] a school year.

The review shall include:

u [ (a) a review of the incidents in which .232587.1 - 9 - physical restraint or seclusion [techniques] were used and an analysis of how future incidents may be avoided, including whether the student may be eligible for special education or requires a functional behavioral assessment;

and (b) [a meeting of the student's] if the student has an individualized education program team, [behavioral] a behavior intervention plan team or a student assistance team, a requirement that the team must meet within two weeks of each use of physical restraint or seclusion [after the second] when more than one use occurs within a [thirty- calendar-day period] school year to provide written recommendations for avoiding future incidents requiring the use of physical restraint or seclusion;

and (4) a parent has a right to request an individualized education program team, a behavior intervention plan team or a student assistance team meeting after an e t 17 instance of physical restraint or seclusion.

w l n d 18 [E.] I.

If a public school summons law enforcement = = 19 a l instead of using [a] physical restraint or seclusion i a e r 20 [technique] on a student, the school shall comply with the a t m m 21 reporting, documentation and review procedures established d r e 22 pursuant to [Subsection D of] this section.

c e s k 23 [F.

Policies regarding restraint and seclusion e a n b 24 shall consider school district support and strategies for u [ school employees to successfully reintegrate a student who has .232587.1 - 10 - been restrained or secluded back into the school or classroom environment.

G.] J.

The provisions of this section shall not be interpreted as addressing the conduct of law enforcement or first responders.

[H.] K.

The provisions of this section do not apply to [any] a public school located within a county juvenile detention center or a state-operated juvenile facility.

[I.

For the purposes of this section:

(1) "first responder" means a person based outside of a school who functions within the emergency medical services system and who is dispatched to a school to provide initial emergency aid;

(2) "mechanical restraint" means the use of any device or material attached or adjacent to the student's body that restricts freedom of movement or normal access to any e t 17 portion of the student's body and that the student cannot w l n d 18 easily remove, but "mechanical restraint" does not include = = 19 a l mechanical supports or protective devices;

i a e r 20 (3) "physical restraint" means the use of a t m m 21 physical force without the use of any device or material that d r e 22 restricts the free movement of all or a portion of a student's c e s k 23 body, but "physical restraint" does not include physical e a n b 24 escort;

u [ (4) "restraint" when not otherwise modified .232587.1 - 11 - means mechanical or physical restraint;

and (5) "seclusion" means the involuntary confinement of a student alone in a room from which egress is prevented.

"Seclusion" does not mean the use of a voluntary behavior management technique, including a timeout location, as part of a student's education plan, individual safety plan, behavioral plan or individualized education program that involves the student's separation from a larger group for purposes of calming.]" - 12 - 12 14 16 e t 17 w l n d 18 = = 19 a l i a e r 20 a t m m 21 d r e 22 c e s k 23 e a n b 24 u [ .232587.1