restraint and seclusion. amends several statutes that are not part of school code - s. 393.067,...
TRANSCRIPT
HB 1073
Amends several statutes that are not part of school code - s. 393.067, F.S., Facility licensure, - relates to facilities
for individuals with disabilities s. 393.13, F.S., Treatment of persons with
developmental disabilities s. 402.305, F.S., Licensing standards; child care
facilities – relates to requirements for 40 clock-hour introductory course
HB 1073 RESTRAINT AND SECLUSION
Prohibited Restraint – School personnel may not use a mechanical restraint or a manual physical restraint that restricts a student’s breathing
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
**NEW RESTRAINT & SECLUSION (HB 1073)
Florida Statute 1003.573Definitions Restraint
Restrict a student’s movement or restrict the normal function of a student’s body
Including: straps, belts, tie-downs, calming blankets, and chairs with straps
Used for coercion, discipline, convenience, retaliation or any other behavior management reason
Seclusion Removing a student from
the educational environment
Involuntarily confining the student in a room or area
Preventing the student from leaving the room or area
Physically blocking the student’s way
**Does not include Time-Out
**NEW RESTRAINT & SECLUSION (HB 1073)
Florida Statute 1003.573Definitions Time Out – Access to varied sources of
reinforcement is removed or reduced for a particular time period contingent on a response For a specific amount of time May not be locked or exit may not be blocked Physical force or threats may not be used to place a
student in Time Out
**NEW RESTRAINT & SECLUSION (HB 1073)
Seclusion – Time Out FL 1003.573. (4)(a) “School personnel may not place a student in seclusion.” Time Out can only be used if it is part of a Positive Behavioral Intervention Plan
(BIP) from the student’s FBA and referenced in the IEP Documentation of other positive behavioral support interventions used prior to
the time out Time Out takes place in the classroom or another environment where class
educational activities are taking place Student is not physically prevented from leaving time out area Free of any action likely to embarrass or humiliate the student May not exceed 1 minute per one year of age Must end immediately when student is calm enough to return to his or her seat Time Out may not be used as a punishment or negative consequence of a
student’s behavior
**NEW RESTRAINT & SECLUSION (HB 1073)
Concerns Inappropriately selected & implemented as treatment or
behavioral intervention instead of a safety procedure Inappropriately used for behavior: Noncompliance, threats, or
disruption Use of restraint & seclusion may inadvertently reinforce or
strengthen the problem behavior Restraint & seclusion is implemented independent of a
comprehensive, function-based behavior intervention plan When used there is a failure to use data to analyze & address
the cause of the precipitating behavior
HB 1073
Creates s. 1003.573, F.S., Use of monitoring, and reduction of unnecessary seclusion and restraint on students with disabilities
Law has 3 areas of focus Documentation and incident reporting Monitoring School district policies and procedures
HB 1073 NECESSARY DOCUMENTATION
Schools must prepare an incident report within 24 hours after the student is released from restraint or seclusion
The incident report must include: the name of the student the date, time, and duration of restraint/seclusion the location at which the restraint/seclusion occurred the type of restraint used the name of the person using or assisting in the
restraint/seclusion the name of any nonstudent who was present to witness the
restraint/seclusion
HB 1073 NECESSARY DOCUMENTATION
The incident report must also include a description of context in which the restraint/seclusion occurred student’s behavior leading up to and precipitating use of
manual physical restraint/seclusion, including why there was an imminent risk of serious injury or death to the student or others
specific positive behavior strategies used to prevent and deescalate behavior
what occurred with student immediately after incident injury, visible marks, or possible medical emergencies evidence of steps made to notify student’s parent
HB 1073 REPORTING
Two separate reporting requirements that must occur each time restraint or seclusion is used
Reporting on the day of incident (notification) Notify the parent in writing and provide by the end of the
same school day the restraint/seclusion occurs; AND Make reasonable efforts to notify the parent/guardian by
phone or e-mail, or both; AND Obtain parent/guardian’s signature to acknowledge receipt of
notification; AND Keep records of parent’s/guardian’s acknowledgement
HB 1073REPORTING
Incident report – the school must provide the parent/guardian with the incident report
in writing by mail within 3 school days of the student being restrained or secluded
obtain the parent’s/guardian’s signature acknowledging receipt of the incident report
keep records of the signed acknowledgement
**NEW RESTRAINT & SECLUSION (HB 1073)
Describe what was happening at the time the incident occurred The activity or type of
interaction the student was involved in prior to the behavior that resulted in restraint
Student’s behavior leading up to & precipitating decision to use restraint
Describe what the student was doing prior to & during the incident that required the use of restraint.
What was the behavior that warranted the use of restraint?
Incident Report
**NEW RESTRAINT & SECLUSION (HB 1073)
Describe specific Positive Behavior Strategies used to prevent/deescalate the behavior. Clearly describe any & all
intervention/strategies, unique to this student, used (long term & immediate) before this particular restraint occurred.
How was it determined that there was an imminent risk or serious injury or death to the student or others?
Describe what occurred with student immediately after termination of restraint.
Describe any injuries, visible marks, or medical emergencies that occurred during restraint.
Incident Report
**NEW RESTRAINT & SECLUSION (HB 1073)
Florida Statute - Section 1003.573
Notify the parent/guardian of a student each time manual physical restraint or seclusion is used.
Notification must be documented in writing
Before the end of the school day when restraint or seclusion occurred
Obtain signed acknowledgement by parent/guardian of notification of restraint or seclusion (maintain a copy for records)
Provide completed incident report in writing by mail within 3 school days to parent/guardian
Obtain signed acknowledgement by parent/guardian of incident report (maintain a copy for records)
HB 1073MONITORING
Monitoring of the use of manual physical restraint/seclusion must occur in the classroom, school, district, and state level
Beginning July 1, 2010, restraint/seclusion incident reports must be provided to the school principal, ESE Director, FDOE electronically each month
FDOE will disaggregate the data by county, school, disability, and update information monthly
HB 1073 POLICIES AND PROCEDURES
Districts must develop policies and procedures for incident reporting procedures data collection monitoring and reporting of data collection
Must be submitted as part of the Special Policies and Procedures (SP&P) by January 31, 2011
OCR RESTRAINT/SECLUSION REPORTING
Includes all students School level Reporting period = school year (begins 2009-
10) Includes demographics: gender, race/ethnicity,
LEP, 504
OCR RESTRAINT/SECLUSION REPORTING
Action taken Subjected to mechanical restraint Subjected to physical restraint Subjected to seclusion
Unduplicated count of students within action taken
Number of instances
OCR RESTRAINT/SECLUSION REPORTING
2009-10 data will be reported in Fall 2010 (Department is developing reporting method)
2010-11 reported through student database