1. Restraint and Seclusion

2.  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

3.  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

4. **NEW RESTRAINT & SECLUSION (HB 1073) Florida Statute 1003.573 Definitions  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

5. **NEW RESTRAINT & SECLUSION (HB 1073) Florida Statute 1003.573 Definitions  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

6. **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

7. **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

8.  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

9.  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

10.  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

11. 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

12.  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

13. **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

14. **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

15. **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)

16.  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

17.  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

18.  Includes all students  School level  Reporting period = school year (begins 2009- 10)  Includes demographics: gender, race/ethnicity, LEP, 504

19.  Action taken  Subjected to mechanical restraint  Subjected to physical restraint  Subjected to seclusion  Unduplicated count of students within action taken  Number of instances

20.  2009-10 data will be reported in Fall 2010 (Department is developing reporting method)  2010-11 reported through student database