SB 260 — Students with Disabilities in Public Schools

Florida Senate - 2018 CS for SB 260 By Senatorthe BookCommittee 32-00358-18on 2018260__Education; A bill to be entitled An act relating to students with disabilities in public schools;

and Senators Book, Flores, and Hukill 581-02903-18 2018260c1 A bill to be entitled An act relating to students with disabilities in public schools;

providingdefining definitions;terms;

providing requirements for documenting, reporting, and monitoring the use of restraint and seclusion;exclusionary or nonexclusionary time;

revising school district policies and procedures relating to restraintrestraint; and seclusion;

2221 Be It Enacted by the Legislature of the State of Florida:

2423 Section 1. Section 1003.573, Florida Statutes, is amended to read:

The term doesincludes, but is not includelimited to, the use of anystraps, ofbelts, thetie-downs, following:and chairs with straps;

however, the term does not include the use of any of the following:

b. Behavioral protective equipment, including helmets, gloves, wraps, calming blankets, and other devices that are used temporarily to prevent severe tissue damage caused by behavioral excesses.

(h) “Student” means a student with a functionaldisability. behavioral assessment and an individualized behavior intervention plan.

10. Prone or supine restraint.

1. The exclusionary or nonexclusionary time is part of a positive behavioral intervention plan developed for the studentstudent. from a functional behavioral assessment and referenced in the student’s individualized behavior intervention plan.

(6)(1) DOCUMENTATION AND REPORTING.— (a) At the beginning of each school year, a school district shall publicly post its policies on all emergency procedures, including its policies on the use of restraintrestraint. and seclusion.

(b)(a) A school shall prepare an incident report within 24 hours after a student is released from restraint or exclusionary or nonexclusionary time seclusion.

1. The name of the student restrained or placed in exclusionary or nonexclusionary time secluded.

2. The age, grade, ethnicity, and disability of the student restrained or placed in exclusionary or nonexclusionary time secluded.

3. The date and time of the event and the duration of the restraint or exclusionary or nonexclusionary time seclusion.

4. The location at which the restraint or exclusionary or nonexclusionary time seclusion occurred.

5. A5. If a restraint is used, a description of the type of restraint used in terms established by the department of Education.

6. The name of the person using or assisting in the restraint of or imposition of exclusionary or nonexclusionary time on seclusion of the student and the date the person was last trained in the use of restraint on students.

7. The name of any nonstudent who was present to witness the restraint or exclusionary or nonexclusionary time seclusion.

a. The context in which the restraint or exclusionary or nonexclusionary time seclusion occurred.

b. The student’s behavior leading up to and precipitating the decision to use manual or physical restraint or exclusionary or nonexclusionary time seclusion, including an indication as to why there was an imminent risk of serious injury or death to the student or others.others if a student was subject to restraint.

d. What occurred with the student immediately after the termination of the restraint or exclusionary or nonexclusionary time seclusion.

e. Any injuries, visible marks, or possible medical emergencies that may have occurred during the restraint or exclusionary or nonexclusionary time seclusion, documented according to district policies.

(d)(c) A school shall notify the parent or guardian of a student each time manual or physical restraint or exclusionary or nonexclusionary time seclusion is used.

Such notification must be in writing and provided before the end of the school day on which the restraint or exclusionary or nonexclusionary time seclusion occurs.

The school shall obtain, and keep in its records, the parent’s or guardian’s signed acknowledgment that he or she was notified of his or her child’s restraint or exclusionary or nonexclusionary time seclusion.

(e)(d) A school shall also provide the parent or guardian with the completed incident report in writing by mail within 3 school days after a student was manually or physically restrained or placed in exclusionary or nonexclusionary time secluded.

(7)(2) MONITORING.— (a) Monitoring of The use of manual or physical restraint or exclusionary or nonexclusionary time seclusion on students shall be monitored occur at the classroom, building, district, and state levels.

(c) TheRedacted departmentcopies shall maintain aggregate data of incidentssuch ofdocumentation manualmust orbe physicalupdated restraintmonthly and seclusionmade andavailable disaggregateto the datapublic forthrough analysis by county, school, student exceptionality, and other variables, including the typedepartment’s andwebsite methodno oflater restraintthan orOctober seclusion1, used.2018.

This(c) The informationdepartment shall bemaintain updatedaggregate monthlydata of incidents of manual or physical restraint or exclusionary or nonexclusionary time and madeseclusion availableand todisaggregate the publicdata throughfor analysis by county, school, student exceptionality, and other variables, including the department’stype websiteand beginningmethod noof laterrestraint thanor Octoberexclusionary 1,or 2018.nonexclusionary time seclusion used.

(d) TheThis departmentinformation must shall establishbe standardsupdated formonthly documenting,and reporting,made andavailable monitoringto the usepublic ofthrough manualthe ordepartment’s physicalwebsite restraintbeginning orno mechanicallater restraint,than andOctober occurrences1, of2018. seclusion.

(d) The department shall establish and provide to school districts standards for documenting, reporting, and monitoring the use of manual or physical restraint or mechanical restraint, and occurrences of exclusionary or nonexclusionary time seclusion.

(8)(3) SCHOOL DISTRICT POLICIES AND PROCEDURES.—PROCEDURES REGARDING RESTRAINT.— (a) School districts shall develop policies and procedures that provide for the physical safety and security of all students and school personnel and which treat all students with respect and dignity in an environment that promotes a positive school culture and climate.

(9)(4) PROHIBITED RESTRAINT.—School personnel may not use straitjackets or a mechanical restraint or a manual or physical restraint that restricts a student’s breathing.

(e) Appropriate use of manual physical restraint and seclusion techniques and effective classroom behavior management strategies, including, but not limited to, differential reinforcement, precision commands, minimizing attention or access to other reinforcers, and exclusionary and nonexclusionary time methods.methods seclusion techniques.