Florida 2019 Regular Session Status: Passed House

HB 349 — Students with Disabilities in Public Schools

Last action — Died in Education

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2019 Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

330 added · 437 removed

330 line(s) added, 437 removed.

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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 349 2019 A bill to be entitled An act relating to students with disabilities in public schools;
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 349 2019 A bill to be entitled An act relating to students with disabilities in public schools;
defining terms;
providing definitions;
providing requirements for the use of physical restraint;
requiring school districts to prohibit the use of seclusion;
prohibiting specified physical restraint techniques;
providing requirements for the use of restraint;
providing requirements for the use of exclusionary and nonexclusionary time;
prohibiting specified restraint techniques;
providing requirements for school districts to report and publish training procedures;
providing for student- centered followup;
providing requirements for documenting, reporting, and monitoring the use of restraint and exclusionary or nonexclusionary time;
prohibiting the use of seclusion;
requiring school districts to adopt positive behavior interventions and supports and certain policies and procedures;
requiring school districts to publicly post specified policies and procedures;
requiring school districts to provide training on certain interventions and supports to specified personnel;
providing requirements for such training;
requiring school districts to publish training procedures;
requiring a school to develop a crisis intervention plan for certain students;
providing requirements for such plans;
providing requirements for documenting, reporting, and monitoring the use of restraint;
conforming provisions to changes made by the act;
requiring the department to make certain information available to the public by a specified date;
requiring continuing education and inservice training for instructional personnel in teaching students with emotional or behavioral disabilities;
requiring continuing education and inservice training for teaching students with emotional or behavioral Page 1 of 12 CODING:
Words stricken are deletions;
words underlined are additions.
hb0349-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 349 2019 disabilities;
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1003.573 Seclusion and Use of restraint of and seclusion on students with disabilities in public schools.— (1) DEFINITIONS.—As used in this section, the term:
Words stricken are deletions;
(a) "Crisis Intervention Plan" means an individualized action plan for school personnel to implement when a student exhibits dangerous behavior that may lead to imminent risk of serious injury.
words underlined are additions.
(b) "Imminent risk of serious injury" means the threat posed by dangerous behavior that may cause serious physical harm to self or others.
hb0349-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 349 2019 1003.573 Seclusion and Use of restraint of and seclusion on students with disabilities in public schools.— (1) DEFINITIONS.—As used in this section, the term:
(c) "Restraint" means the use of a mechanical or physical restraint.
(a) "Exclusionary time" means the period during which a student is removed from an event, activity, or instructional environment to encourage reflection on his or her behavior and allow space and time for understanding of choices and consequences.
(b) "Imminent risk of serious injury or death" means the impending risk of a significant injury, such as a laceration, bone fracture, substantial hematoma, or injury to an internal organ, or death.
(c) "Medical protective equipment" means health-related protective devices prescribed by a physician or dentist for use as student protection in response to an existing medical condition.
(d) "Nonexclusionary time" means a period during which a student remains at the event or in the instructional environment but is redirected from the activities so that he or she has an opportunity to reflect on his or her behavior and is given space and time for understanding of choices and consequences.
(e) "Restraint" means the use of a mechanical or physical restraint which may be used only when all other behavioral strategies and intervention techniques have been exhausted.
"Mechanical restraint" means the use of a device that Page 2 of 16 CODING:
"Mechanical restraint" means the use of a device that restricts a student's freedom of movement.
Words stricken are deletions;
The term does not include the use of devices prescribed by physical or behavioral health professionals when used for the specific and prescribed purposes.
words underlined are additions.
hb0349-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 349 2019 restricts a student's freedom of movement.
The term includes, but is not limited to, the use of straps, belts, tie-downs, and chairs with straps;
however, the term does not include the use of any of the following:
a.
Medical protective equipment.
b.
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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.
c.
Physical equipment or orthopedic appliances, surgical dressings or bandages, or supportive body bands or other restraints necessary for ongoing medical treatment in the educational setting.
d.
Devices used to support functional body position or proper balance;
to prevent a person from falling out of a bed or a wheelchair, except when such a device is used for a purpose other than supporting a body position or proper balance, such as coercion, discipline, convenience, or retaliation;
to prevent imminent risk of serious injury or death of the student or others;
or for any other behavior management reason.
e.
Equipment used for safety during transportation, such as seatbelts or wheelchair tie-downs.
"Physical restraint" means the use of manual restraint techniques that involve significant physical force applied by a teacher or other staff member to restrict the movement of all or Page 3 of 16 CODING:
"Physical restraint" means the use of manual restraint Page 2 of 12 CODING:
hb0349-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 349 2019 part of a student's body.
hb0349-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 349 2019 techniques that involve significant physical force applied by a teacher or other staff member to restrict the movement of all or part of a student's body.
(f) "Seclusion" means the removal of a student from an educational environment, involuntarily confining the student in a room or area, and preventing the student from leaving the area by locking or artificially blocking the door.
The term does not include briefly holding a student in order to calm or comfort the student or physically escorting a student to a safe location.
The term does not include exclusionary time.
(d) "Positive behavior interventions and supports" means the use of behavioral interventions to prevent dangerous behaviors that may cause serious physical harm to the student or others.
(g) "Student" means a student with a disability.
(e) "Seclusion" means the involuntary confinement of the student in a room or area alone and preventing the student from leaving the room or area.
(2) PHYSICAL RESTRAINT.— (a) Physical restraint may be used only when there is an imminent risk of serious injury or death to the student or others and only for the period of time necessary to eliminate such risk.
(f) "Student" means a child with an individual education plan enrolled in grades kindergarten through 12 in a school, as defined in s.
(b) Notwithstanding the authority provided in s.
1003.01(2), or the Florida School for the Deaf and Blind.
1003.32, physical restraint may be used only to protect the safety of students, school personnel, or others and may not be used for student discipline, to correct student noncompliance, or for the convenience of school district staff.
The term does not include students in prekindergarten, students who reside in residential care facilities under s.
Physical restraint may only be used for the period needed to provide such protection.
1003.58, or students participating in a Department of Juvenile Justice education program under s.
(c) The degree of force applied during physical restraint must be only that degree of force necessary to protect the student or others from serious injury or death.
1003.53.
(d) School personnel who have received training that is not associated with their employment with the school district, such as a former law enforcement officer who is now a teacher, shall receive training in the specific district-approved Page 4 of 16 CODING:
(2) SECLUSION.—Each school district shall prohibit school personnel from using seclusion.
(3) RESTRAINT.— (a) Authorized school personnel may use restraint only when all positive behavior interventions and supports have been exhausted.
Restraint may be used only when there is an imminent Page 3 of 12 CODING:
hb0349-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 349 2019 techniques and may not apply techniques or procedures acquired elsewhere.
hb0349-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 349 2019 risk of serious injury and shall be discontinued as soon as the threat posed by the dangerous behavior has dissipated.
(e) School personnel may not use any of the following physical restraint techniques on a student:
(b) Notwithstanding the authority provided in s.
1003.32, restraint shall be used only to protect the safety of students, school personnel, or others and may not be used for student discipline or to correct student noncompliance.
(c) The degree of force applied during physical restraint must be only that degree of force necessary to protect the student or others from imminent risk of serious injury.
(d) Restraint techniques shall not use straightjackets, obstruct or restrict breathing or blood flow, or inflict pain to induce compliance.
(4)(3) SCHOOL DISTRICT POLICIES AND PROCEDURES.— (a) Each school district shall adopt positive behavior interventions and supports and identify all school personnel authorized to use the interventions and supports.
Each school district shall develop policies and procedures that are consistent with this section and that govern the following:
Pain inducement to obtain compliance.
Incident-reporting procedures.
Bone locks.
Data collection and monitoring, including when, where, and why students are restrained and or secluded;
the frequency of occurrences of such restraint or seclusion;
and the prone or mechanical restraint that is most used.
Hyperextension of joints.
Monitoring and reporting of data collected.
Peer restraint.
Training programs and procedures relating to manual or Page 4 of 12 CODING:
5.
Pressure or weight on the chest, lungs, sternum, diaphragm, back, or abdomen causing chest compression.
6.
Straddling or sitting on any part of the body or any maneuver that places pressure, weight, or leverage on the neck or throat, on an artery, or on the back of the head or neck or that otherwise obstructs or restricts the circulation of blood or obstructs an airway.
7.
Any type of choking, including hand chokes, and any type of neck or head hold.
8.
A technique that involves spraying or pushing anything on or into the mouth, nose, eyes, or any part of the face or that involves covering the face or body with anything, including soft objects such as pillows or washcloths.
9.
Any maneuver that involves punching, hitting, poking, pinching, or shoving.
10.
Prone or supine restraint.
(3) EXCLUSIONARY AND NONEXCLUSIONARY TIME.— Page 5 of 16 CODING:
hb0349-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 349 2019 (a) School personnel may place a student in exclusionary or nonexclusionary time if all of the following conditions are met:
hb0349-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 349 2019 physical restraint and seclusion as described in subsection (3).
1.
The exclusionary or nonexclusionary time is part of a positive behavioral intervention plan developed for the student.
2.
There is documentation that the exclusionary or nonexclusionary time was preceded by the use of other positive behavioral supports that were not effective.
3.
The exclusionary or nonexclusionary time takes place in a classroom or in another environment where class educational activities are taking place.
4.
The student is not physically prevented from leaving the exclusionary or nonexclusionary time area.
The student is observed on a constant basis by an adult for the duration of the exclusionary or nonexclusionary time.
The district's plan for selecting personnel to be trained pursuant to this subsection.
The exclusionary or nonexclusionary time area and process are free of any action that is likely to embarrass or humiliate the student.
The district's plan for reducing the use of restraint, and seclusion particularly in settings in which it occurs frequently or with students who are restrained repeatedly, and for reducing the use of prone restraint and mechanical restraint.
(b) Exclusionary or nonexclusionary time may be used for a period of up to 1 minute for each year of a student's age or until the student is calm enough to return to his or her seat, whichever is shorter.
The plan must include a goal for reducing the use of restraint and seclusion and must include activities, skills, and resources needed to achieve that goal.
(c) Exclusionary or nonexclusionary time may not be used as a punishment for or negative consequence of a student's behavior.
Activities may include, but are not limited to:
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a.
Additional training in positive behavior interventions and supports.
behavioral support and crisis management;
b.
Parental involvement.;
c.
Data review.;
d.
Updates of students' functional behavioral analysis and positive behavior intervention plans.;
e.
Additional student evaluations.;
f.
Debriefing with staff.;
g.
Use of schoolwide positive behavior support.;
and h.
Changes to the school environment.
i.
Analysis of data to determine trends.
j.
Ongoing reduction of the use of restraint.
(b) Any revisions a school district makes to its to the district's policies and procedures pursuant to this section, Page 5 of 12 CODING:
hb0349-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 349 2019 (4) TRAINING.— (a) Each school district shall report its procedures for training in the use of restraint to the department by publishing the procedures in the district's special policies and procedures manual.
hb0349-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 349 2019 which must be prepared as part of its special policies and procedures, must be filed with the bureau chief of the Bureau of Exceptional Education and Student Services within 90 days of the revision no later than January 31, 2012.
(b) Training in the use of restraint must include all of the following:
(c) At the beginning of each school year, a school district shall publicly post its policies and procedures on positive behavior interventions and supports as adopted by the school district.
(5) TRAINING.—Each school district shall provide training to all school personnel authorized to use positive behavior interventions and supports pursuant to school district policy.
Training shall be provided annually and must include:
(a) The use of positive behavior interventions and supports.
(b) Risk assessment procedures to identify when restraint may be used.
(c) Examples of when positive behavior interventions and support techniques have failed to reduce the imminent risk of serious injury.
(d) Examples of safe and appropriate restraint techniques and how to use these techniques with multiple staff members working as a team.
(e) Instruction in the district's documentation and reporting requirements.
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Words stricken are deletions;
words underlined are additions.
hb0349-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 349 2019 (f) Procedures to identify and deal with possible medical emergencies arising during the use of restraint.
(g) Cardiopulmonary resuscitation.
Each school district shall publish the procedures for the training required under this subsection in the district's special policies and procedures manual.
(6) Crisis intervention plan.— (a) Upon the second time a student is restrained during a semester, the school shall develop a crisis intervention plan for the student.
The crisis intervention plan shall be developed by a team comprised of the student's parent, school personnel, and applicable medical professionals.
(b) The crisis intervention plan must include:
Procedures for deescalating a problem behavior before the problem behavior increases to a level or intensity necessitating physical intervention.
Specific positive behavior interventions and supports to use in response to dangerous behaviors that create a threat of imminent risk of serious injury.
Information regarding the risks associated with restraint and procedures for assessing individual situations and students in order to determine whether the use of restraint is appropriate and sufficiently safe.
Known physical and behavioral health concerns that will limit the use of restraint for the student.
The actual use of specific techniques that range from the least to most restrictive, with ample opportunity for trainees to demonstrate proficiency in the use of such techniques.
A timetable for the review and, if necessary, revision of the crisis intervention plan.
4.
(c) The school must provide a copy of the crisis intervention plan to the student's parent.
Techniques for implementing restraint with multiple staff members working as a team.
(7)(1) DOCUMENTATION AND REPORTING.— (a) A school shall prepare an incident report within 24 Page 7 of 12 CODING:
5.
Techniques for assisting a student in reentering the instructional environment and reengaging in learning.
6.
Instruction in the district's documentation and reporting requirements.
7.
Procedures for identifying and dealing with possible Page 7 of 16 CODING:
hb0349-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 349 2019 medical emergencies arising during the use of restraint.
hb0349-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 349 2019 hours after a student is released from restraint or seclusion.
8.
Cardiopulmonary resuscitation.
(5) STUDENT-CENTERED FOLLOWUP.—If a student is restrained more than twice during a semester, the school must conduct a review of each of the following:
(a) The incidents in which restraint was used and an analysis of how future incidents may be avoided.
(b) The student's functional behavioral assessment and positive behavioral intervention plan by the school personnel and parent within 2 weeks before the end of the semester.
(c) The training provided to school personnel concerning the use of restraint.
(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 restraint.
(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.
(c)(b) The following must be included in the incident report:
(b) The following must be included in the incident report:
Page 8 of 16 CODING:
1.
Words stricken are deletions;
The name of the student restrained or secluded.
words underlined are additions.
hb0349-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 349 2019 1.
The name of the student restrained or placed in exclusionary or nonexclusionary time secluded.
The age, grade, ethnicity, and disability of the student restrained or placed in exclusionary or nonexclusionary time secluded.
The age, grade, ethnicity, and disability of the student restrained or secluded.
The date and time of the event and the duration of the restraint or exclusionary or nonexclusionary time seclusion.
The date and time of the event and the duration of the restraint or seclusion.
The location at which the restraint or exclusionary or nonexclusionary time seclusion occurred.
The location at which the restraint or seclusion occurred.
If a restraint is used, a description of the type of restraint used in terms established by the department of Education.
A description of the type of restraint used in terms established by the department of Education.
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.
The name of the person using or assisting in the restraint or seclusion of the student and the date the person was last trained in the use of positive behavior interventions and supports.
The name of any nonstudent who was present to witness the restraint or exclusionary or nonexclusionary time seclusion.
The name of any nonstudent who was present to witness the restraint or seclusion.
The context in which the restraint or exclusionary or nonexclusionary time seclusion occurred.
The context in which the restraint or seclusion occurred.
b.
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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 Page 9 of 16 CODING:
hb0349-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 349 2019 why there was an imminent risk of serious injury or death to the student or others if a student was subject to restraint.
hb0349-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 349 2019 b.
The student's behavior leading up to and precipitating the decision to use manual or physical restraint or seclusion, including an indication as to why there was an imminent risk of serious injury or death to the student or others.
The specific positive behavioral strategies used to prevent and deescalate the behavior.
The specific positive behavior interventions and supports behavioral strategies used to prevent and deescalate the behavior.
What occurred with the student immediately after the termination of the restraint or exclusionary or nonexclusionary time seclusion.
What occurred with the student immediately after the termination of the restraint or seclusion.
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.
Any injuries, visible marks, or possible medical emergencies that may have occurred during the restraint or 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.
g.
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 date the crisis intervention plan was last reviewed and whether changes were recommended.
(c) A school shall notify the parent or guardian of a student each time manual or physical restraint or seclusion is used.
Such notification must be in writing and provided before the end of the school day on which the restraint or 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.
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 Page 9 of 12 CODING:
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hb0349-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 349 2019 (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.
hb0349-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 349 2019 restraint or seclusion.
(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 secluded.
(7)(2) MONITORING.— (a) Monitoring of The use of manual or physical restraint or exclusionary or nonexclusionary time seclusion on students must be monitored shall occur at the classroom, building, district, and state levels.
(8)(2) MONITORING.— (a) Monitoring of The use of manual or physical restraint or seclusion on students shall be monitored occur at the classroom, building, district, and state levels.
(b) Any documentation prepared by a school pursuant to as required in subsection (6) (1) shall be provided to the school principal, the district director of Exceptional Student Education, and the bureau chief of the Bureau of Exceptional Education and Student Services electronically each month that the school is in session.
(b) Any documentation prepared by a school pursuant to as required in subsection (7) (1) shall be provided to the school principal, the district director of Exceptional Student Education, and the bureau chief of the Bureau of Exceptional Education and Student Services electronically each month that the school is in session.
Redacted copies of such documentation must be updated monthly and made available to the public through the department's website no later than October 1, 2019.
(c) The department shall maintain aggregate data of incidents of manual or physical restraint and seclusion and disaggregate the data for analysis by county, school, student exceptionality, and other variables, including the type and method of restraint or seclusion used.
(c) The department shall maintain aggregate data of incidents of manual or physical restraint or exclusionary or nonexclusionary time and seclusion and disaggregate the data for analysis by county, school, student exceptionality, and other variables, including the type and method of restraint or Page 11 of 16 CODING:
This information shall be updated monthly, de-identified, and made available to the public through the department's website no later than October 1, 2019.
(d) The department shall establish standards for Page 10 of 12 CODING:
hb0349-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 349 2019 exclusionary or nonexclusionary time seclusion used.
hb0349-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 349 2019 documenting, reporting, and monitoring the incident reports related to the use of manual or physical restraint or mechanical restraint, and occurrences of seclusion.
This information must shall be updated monthly and made available to the public through the department's website beginning no later than October 1, 2019.
(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 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 treat all students with respect and dignity in an environment that promotes a positive school culture and climate.
(4) PROHIBITED RESTRAINT.—School personnel may not use a mechanical restraint or a manual or physical restraint that restricts a student's breathing.
Such Each school district shall develop policies and procedures must be that are consistent with this section and must that govern the following:
(5) SECLUSION.—School personnel may not close, lock, or physically block a student in a room that is unlit and does not meet the rules of the State Fire Marshal for seclusion time-out rooms.
1.
A description of escalating behavioral strategies that may be used.
2.
Allowable use of restraint on students.
3.
Training procedures.
4.1.
Incident-reporting procedures.
5.2.
Data collection and monitoring, including when, Page 12 of 16 CODING:
Words stricken are deletions;
words underlined are additions.
hb0349-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 349 2019 where, and why students are restrained and or secluded;
the frequency of occurrences of such restraint or seclusion;
and the prone or mechanical restraint that is most used.
6.3.
Monitoring and reporting of data collected.
7.4.
Training programs and procedures relating to manual or physical restraint and seclusion.
8.5.
The district's plan for selecting personnel to be trained and the timeframe for completing such training pursuant to subsection (4).
9.6.
The district's plan for reducing the use of restraint, and seclusion particularly in settings in which it occurs frequently or with students who are restrained repeatedly, and for reducing the use of prone restraint and mechanical restraint.
The plan must include a goal for reducing the use of restraint and seclusion and must include activities, skills, and resources needed to achieve that goal.
Activities may include, but are not limited to, all of the following:
a.
Additional training in positive behavioral support and crisis management.;
b.
Parental involvement.;
c.
Data review.;
d.
Updates of students' functional behavioral analysis and positive behavior intervention plans.;
e.
Additional student evaluations.;
f.
Debriefing with staff.;
Page 13 of 16 CODING:
Words stricken are deletions;
words underlined are additions.
hb0349-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 349 2019 g.
Use of schoolwide positive behavior support.;
and h.
Changes to the school environment.
10.
Analysis of data to determine trends.
11.
Ongoing reduction of the use of restraint.
(b) Any revisions a school district makes to its to the district's policies and procedures, which must be prepared as part of the school district's its special policies and procedures, must be filed with the bureau chief of the Bureau of Exceptional Education and Student Services no later than January 31, 2012.
(9)(4) PROHIBITED RESTRAINT.—School personnel may not use a mechanical restraint or a manual or physical restraint that restricts a student's breathing.
(10)(5) SECLUSION.—School personnel may not place a student in seclusion close, lock, or physically block a student in a room that is unlit and does not meet the rules of the State Fire Marshal for seclusion time-out rooms.
Section 1012.582, Florida Statutes, is amended to read:
Subsections (1) and (2) of section 1012.582, Florida Statutes, are amended to read:
1012.582 Continuing education and inservice training for teaching students with developmental and emotional or behavioral disabilities.— (1) The Commissioner of Education shall develop recommendations to incorporate instruction regarding autism spectrum disorder, Down syndrome, and other developmental Page 14 of 16 CODING:
1012.582 Continuing education and inservice training for teaching students with developmental and emotional or behavioral disabilities.— (1) The Commissioner of Education shall develop recommendations to incorporate instruction regarding autism spectrum disorder, Down syndrome, and other developmental disabilities, and emotional or behavioral disabilities into continuing education or inservice training requirements for instructional personnel.
These recommendations shall address:
(a) Early identification of, and intervention for, students who have autism spectrum disorder, Down syndrome, or other developmental disabilities, or emotional or behavioral Page 11 of 12 CODING:
hb0349-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 349 2019 disabilities, and emotional or behavioral disabilities into continuing education or inservice training requirements for instructional personnel.
hb0349-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 349 2019 disabilities.
These recommendations must shall address:
(a) Early identification of, and intervention for, students who have autism spectrum disorder, Down syndrome, or other developmental disabilities, or emotional or behavioral disabilities.
(d) The use of positive behavioral supports to deescalate problem behaviors.
(d) The use of positive behavior interventions and behavioral supports to deescalate problem behaviors.
(e) Appropriate use of manual physical restraint 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 seclusion techniques.
(e) The Appropriate use of manual physical restraint and seclusion techniques, positive behavior interventions and supports, and effective classroom behavior management strategies.
(2) In developing the recommendations, the commissioner shall consult with the State Surgeon General, the Director of the Agency for Persons with Disabilities, representatives from the education community in the state, and representatives from entities that promote awareness about autism spectrum disorder, Page 15 of 16 CODING:
(2) In developing the recommendations, the commissioner shall consult with the State Surgeon General, the Director of the Agency for Persons with Disabilities, representatives from the education community in the state, and representatives from entities that promote awareness about autism spectrum disorder, Down syndrome, and other developmental disabilities, and emotional or behavioral disabilities and provide programs and services to persons with developmental disabilities, including, but not limited to, regional autism centers pursuant to s.
Words stricken are deletions;
words underlined are additions.
hb0349-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 349 2019 Down syndrome, and other developmental disabilities, and emotional or behavioral disabilities and provide programs and services to persons with developmental disabilities, including, but not limited to, regional autism centers pursuant to s.
(3) Beginning with the 2010-2011 school year, the Department of Education shall incorporate the course curricula recommended by the Commissioner of Education, pursuant to subsection (1), into existing requirements for the continuing education or inservice training of instructional personnel.
The requirements of this section may not add to the total hours required for continuing education or inservice training as currently established by the department.
(4) The State Board of Education may adopt rules pursuant to ss.
120.536(1) and 120.54 to implement this section.
Page 16 of 16 CODING:
Page 12 of 12 CODING:
hb0349-00
hb0349-01-c1
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Action History

  1. Died in Education

  2. Indefinitely postponed and withdrawn from consideration

  3. Received

  4. Referred to Education; Appropriations Subcommittee on Education; Appropriations

  5. In Messages

  6. CS passed; YEAS 115 NAYS 0

  7. Read 3rd time

  8. Placed on 3rd reading

  9. Read 2nd time

  10. Placed on Special Order Calendar, 04/10/19

  11. Placed on Calendar

  12. Favorable by- Education Committee; YEAS 15 NAYS 0

  13. On Committee agenda-- Education Committee, 03/28/19, 8:30 am, Reed Hall

  14. Now in Education Committee

  15. CS referred to Education Committee

  16. Original reference(s) removed: PreK-12 Appropriations Subcommittee

  17. CS by PreK-12 Quality Subcommittee read 1st time

  18. Pending review of CS under Rule 7.18(c)

  19. CS by PreK-12 Quality Subcommittee; YEAS 13 NAYS 0

  20. PCS on Committee agenda-- PreK-12 Quality Subcommittee, 03/19/19, 3:30 pm, Reed Hall

  21. Introduced

  22. Referred to PreK-12 Quality Subcommittee; PreK-12 Appropriations Subcommittee; Education Committee

  23. Filed

Sponsors

  • DuBose · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 163 not signed on

Sponsors (1)

  • DuBose

Co-sponsors (0)

None.

Not signed on (163)

163 members have not signed on to this bill.

Show all 163 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Passage, Third Reading

Passed 115 Yea · 0 Nay · 5 Other
Party YeaNayPresentNot Voting
Democrat 11000
Unaffiliated 79002
Republican 25000
Total 115002
% of votes cast 98%0%0%2%
How each member voted (117)
Member Party Vote
Ausley — Yea
Brown — Yea
Byrd — Yea
Cummings — Yea
Diamond — Yea
Donalds — Yea
DuBose — Yea
Drake — Yea
Duran — Yea
Eagle — Yea
Fine — Yea
Fischer — Yea
Geller — Yea
Good — Yea
Hill — Yea
Ingoglia — Yea
Jacobs — Yea
Jacquet — Yea
Jenne — Yea
Killebrew — Yea
Magar — Yea
Mariano — Yea
McGhee — Yea
Mercado — Yea
Newton — Yea
Oliva — Yea
Payne — Yea
Pigman — Yea
Ponder — Yea
Pritchett — Yea
Renner — Yea
Rommel — Yea
Roth — Yea
Santiago — Yea
Silvers — Yea
Sprowls — Yea
Stevenson — Yea
Stone — Yea
Toledo — Yea
Tomkow — Yea
Willhite — Yea
Williamson — Yea
Alexander — Yea
Aloupis — Yea
Altman — Yea
Grant, J. — Yea
Raschein — Yea
Grant, M. — Yea
Roach — Yea
Grieco — Yea
Robinson — Yea
Bell — Yea
Hage — Yea
Rodrigues, R. — Yea
Beltran — Yea
Hart — Yea
Hattersley — Yea
Valdes — Yea
Omphroy — Yea
Watson, B. — Yea
Fernandez-Barquin — Yea
Watson, C. — Yea
Fetterhoff — Yea
Webb — Yea
Williams — Yea
Fitzenhagen — Yea
Goff-Marcil — Yea
Polo — Yea
Zika — Yea
Sullivan — Not Voting
Fernandez — Not Voting
Sabatini — Yea
Bush — Yea
Caruso — Yea
Casello — Yea
Slosberg — Yea
Clemons — Yea
Cortes — Yea
Latvala — Yea
La Rosa — Yea
Thompson, Geraldine F. "Geri" — Yea
Antone, Bruce Hadley Democrat Yea
Daniels, Kimberly Democrat Yea
Davis, Tracie Democrat Yea
Driskell, Fentrice Democrat Yea
Eskamani, Dr. Anna V. Democrat Yea
Gottlieb, Michael "Mike" Democrat Yea
Gregory, Emily Democrat Yea
Jones, Shevrin D. "Shev" Democrat Yea
Joseph, Dotie Democrat Yea
Polsky, Tina Scott Democrat Yea
Smith, Carlos Guillermo Democrat Yea
Andrade, Robert Alexander "Alex" Republican Yea
Brannan III, Robert Charles "Chuck" Republican Yea
Buchanan, James Republican Yea
Burton, Colleen Republican Yea
DiCeglie, Nick Republican Yea
Duggan, Wyman Republican Yea
Grall, Erin Republican Yea
Johnson, Chad Republican Yea
LaMarca, Chip Republican Yea
Leek, Thomas J. "Tom" Republican Yea
Massullo, Ralph E., Jr. Republican Yea
McClain, Stan Republican Yea
McClure, Lawrence Republican Yea
Overdorf, Tobin Rogers "Toby" Republican Yea
Perez, Daniel Republican Yea
Plakon, Rachel Saunders Republican Yea
Plasencia, Susan Republican Yea
Rodriguez, Ana Maria Republican Yea
Rodriguez, Ana Maria Republican Yea
Sirois, Tyler I. Republican Yea
Smith, David Republican Yea
Stark, Paula A. Republican Yea
Trumbull, Jay Republican Yea
Vacant Republican Yea
Yarborough, Clay Republican Yea

Official roll call →

Favorable (Education Committee)

Passed 15 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Democrat 2000
Unaffiliated 11002
Republican 2001
Total 15003
% of votes cast 83%0%0%17%
How each member voted (18)
Member Party Vote
Byrd — Yea
Donalds — Yea
Fine — Yea
Mariano — Yea
Stone — Yea
Aloupis — Yea
Altman — Not Voting
Bush — Yea
Fetterhoff — Yea
Latvala — Not Voting
Sullivan — Yea
Valdes — Yea
Williams — Yea
Antone, Bruce Hadley Democrat Yea
Daniels, Kimberly Democrat Yea
Johnson, Chad Republican Yea
Massullo, Ralph E., Jr. Republican Not Voting
Perez, Daniel Republican Yea

Official roll call →

Favorable (PreK-12 Quality Subcommittee)

Passed 13 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 7002
Republican 5000
Democrat 1000
Total 13002
% of votes cast 87%0%0%13%
How each member voted (15)
Member Party Vote
Donalds — Yea
Hill — Yea
Santiago — Not Voting
Bell — Yea
Grieco — Yea
Hage — Yea
Latvala — Yea
Webb — Yea
Thompson, Geraldine F. "Geri" — Not Voting
Eskamani, Dr. Anna V. Democrat Yea
Brannan III, Robert Charles "Chuck" Republican Yea
Johnson, Chad Republican Yea
LaMarca, Chip Republican Yea
Smith, David Republican Yea
Trumbull, Jay Republican Yea

Official roll call →

Subjects

civil-rights education
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Frequently asked questions

Who sponsors HB 349?
HB 349 is sponsored by DuBose.
What is the current status of HB 349?
This bill died with 2019 Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HB 349?
Track HB 349 free on One Click Politics — get push/email alerts when it moves.

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