BILL NUMBER: AB 1538INTRODUCED BILL TEXT INTRODUCED BY Assembly Member Ma FEBRUARY 27, 2009 An act to amend Section 32282 of, and to add Article 5.5 (commencing with Section 49010) to Chapter 6 of Part 27 of Division 4 of Title 2 of, the Education Code, relating to pupil discipline. LEGISLATIVE COUNSEL'S DIGEST AB 1538, as introduced, Ma. Pupil discipline: restraint and seclusion. Existing law prohibits a person employed by or engaged in a public school to inflict, or cause to be inflicted, corporal punishment upon a pupil. This bill would prohibit an educational provider from using chemical restraint, as defined, mechanical restraint, as defined, physical restraint, as defined, or seclusion, as defined, on a pupil who is an individual with exceptional needs for the purpose of coercion, discipline, convenience, or retaliation by staff. The bill would limit the use of physical restraint, as defined, and would specify conditions under which an educational provider would be authorized to use physical restraint. The bill would provide that those limitations and conditions only apply to the use of physical restraint on individuals with exceptional needs, as defined, who receive special education and related services. The bill would allow, until January 1, 2012, nonpublic, nonsectarian schools, and certain district-designated alternative programs to use seclusion if specified conditions are met. Existing law requires a schoolsite council to write and develop a comprehensive school safety plan, except in the case of a small school district, as defined, that develops a districtwide comprehensive school safety plan that is applicable to each schoolsite in the district. The comprehensive school safety plan is required to include the rules and procedures on school discipline. This bill would authorize the comprehensive school safety plan also to include the rules and procedures regarding the use of restraint and seclusion. Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no. AB 1538, as introduced, Ma. Pupil discipline: restraint and seclusion. Existing law prohibits a person employed by or engaged in a public school to inflict, or cause to be inflicted, corporal punishment upon a pupil. This bill would prohibit an educational provider from using chemical restraint, as defined, mechanical restraint, as defined, physical restraint, as defined, or seclusion, as defined, on a pupil who is an individual with exceptional needs for the purpose of coercion, discipline, convenience, or retaliation by staff. The bill would limit the use of physical restraint, as defined, and would specify conditions under which an educational provider would be authorized to use physical restraint. The bill would provide that those limitations and conditions only apply to the use of physical restraint on individuals with exceptional needs, as defined, who receive special education and related services. The bill would allow, until January 1, 2012, nonpublic, nonsectarian schools, and certain district-designated alternative programs to use seclusion if specified conditions are met. Existing law requires a schoolsite council to write and develop a comprehensive school safety plan, except in the case of a small school district, as defined, that develops a districtwide comprehensive school safety plan that is applicable to each schoolsite in the district. The comprehensive school safety plan is required to include the rules and procedures on school discipline. This bill would authorize the comprehensive school safety plan also to include the rules and procedures regarding the use of restraint and seclusion. Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 32282 of the Education Code is amended to read: 32282. (a) The comprehensive school safety plan shall include, but not be limited to, both of the following: (1) Assessing the current status of school crime committed on school campuses and at school-related functions. (2) Identifying appropriate strategies and programs that will provide or maintain a high level of school safety and address the school's procedures for complying with existing laws related to school safety, which shall include the development of all of the following: (A) Child abuse reporting procedures consistent with Article 2.5 (commencing with Section 11164) of Chapter 2 of Title 1 of Part 4 of the Penal Code. (B) Disaster procedures, routine and emergency, including adaptations for pupils with disabilities in accordance with the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.). The disaster proceduresshallalso shall include, but not be limited to, both of the following: (i) Establishing an earthquake emergency procedure system in every public school building having an occupant capacity of 50 or more pupils or more than one classroom. A district or county office may work with the Office of Emergency Services and the Seismic Safety Commission to develop and establish the earthquake emergency procedure system. The system shall include, but not be limited to, all of the following: (I) A school building disaster plan, ready for implementation at any time, for maintaining the safety and care of pupils and staff. (II) A drop procedure whereby each pupil and staff member takes cover under a table or desk, dropping to his or her knees, with the head protected by the arms, and the back to the windows. A drop procedure practice shall be held at least once each school quarter in elementary schools and at least once a semester in secondary schools. (III) Protective measures to be taken before, during, and following an earthquake. (IV) A program to ensure that pupils and both the certificated and classified staff are aware of, and properly trained in, the earthquake emergency procedure system. (ii) Establishing a procedure to allow a public agency, including the American Red Cross, to use school buildings, grounds, and equipment for mass care and welfare shelters during disasters or other emergencies affecting the public health and welfare. The district or county office shall cooperate with the public agency in furnishing and maintaining the services as the district or county office may deem necessary to meet the needs of the community. (C) Policies pursuant to subdivision (d) of Section 48915 for pupils who committed an act listed in subdivision (c) of Section 48915 and other school-designated serious acts which would lead to suspension, expulsion, or mandatory expulsion recommendations pursuant to Article 1 (commencing with Section 48900) of Chapter 6 of Part 27 of Division 4 of Title 2 . (D) Procedures to notify teachers of dangerous pupils pursuant to Section 49079. (E) A discrimination and harassment policy consistent with the prohibition against discrimination contained in Chapter 2 (commencing with Section 200) of Part 1. (F) The provisions of any schoolwide dress code, pursuant to Section 35183, that prohibits pupils from wearing "gang-related apparel," if the school has adopted that type of a dress code. For those purposes, the comprehensive school safety plan shall define "gang-related apparel." The definition shall be limited to apparel that, if worn or displayed on a school campus, reasonably could be determined to threaten the health and safety of the school environment. Any schoolwide dress code established pursuant to this section and Section 35183 shall be enforced on the school campus and at any school-sponsored activity by the principal of the school or the person designated by the principal. For the purposes of this paragraph, "gang-related apparel" shall not be considered a protected form of speech pursuant to Section 48950. (G) Procedures for safe ingress and egress of pupils, parents, and school employees to and from school. (H) A safe and orderly environment conducive to learning at the school. (I) The rules and procedures on school discipline adopted pursuant to Sections 35291 and 35291.5. (J) Hate crime reporting procedures pursuant to Chapter 1.2 (commencing with Section 628) of Title 15 of Part 1 of the Penal Code. (b) The comprehensive school safety plan may include the rules and procedures regarding the use of restraint and seclusion pursuant to Article 5.5 (commencing with Section 49010) of Chapter 27 of Division 4 of Title 2.(b)(c) It is the intent of the Legislature that schools develop comprehensive school safety plans using existing resources, including the materials and services of the partnership, pursuant to this chapter. It is also the intent of the Legislature that schools use the handbook developed and distributed by the School/Law Enforcement Partnership Program entitled "Safe Schools: A Planning Guide for Action" in conjunction with developing their plan for school safety.(c)(d) Grants to assist schools in implementing their comprehensive school safety plan shall be made available through the partnership as authorized by Section 32285.(d)(e) Each schoolsite council or school safety planning committee in developing and updating a comprehensive school safety planshall, where practical, shall consult, cooperate, and coordinate with other schoolsite councils or school safety planning committees.(e)(f) The comprehensive school safety plan may be evaluated and amended, as needed, by the school safety planning committee, but shall be evaluated at least once a year, to ensure that the comprehensive school safety plan is properly implemented. An updated file of all safety-related plans and materials shall be readily available for inspection by the public.(f)(g) The comprehensive school safety plan, as written and updated by the schoolsite council or school safety planning committee, shall be submitted for approval under subdivision (a) of Section 32288. SEC. 2. Article 5.5 (commencing with Section 49010) is added to Chapter 6 of Part 27 of Division 4 of Title 2 of the Education Code, to read: Article 5.5. Restraint and Seclusion 49010. The Legislature finds and declares all of the following: (a) Seclusion and restraint may cause trauma and injury to both the individual subjected to these techniques and the personnel executing them. (b) The use of seclusion and restraint as interventions when a pupil poses an imminent risk of serious physical harm to self or others are not therapeutic or educational. Their use does not positively change behavior and is limited to emergency interventions. 49011. For purposes of this article, the following definitions apply: (a) "Chemical restraint" means the administration of a drug or medication to manage a pupil's behavior or restrict a pupil's freedom of movement that is not a standard treatment and dosage for the pupil's medical or psychiatric condition. (b) "Department" means the State Department of Education. (c) (1) "Educational provider" means an entity or a person that does both of the following: (A) Receives support in any form from a program supported in whole or in part with funds appropriated by the department. (B) Provides educational or related services, supports, or other assistance to individuals in a public or private elementary or secondary school. (2) Educational provider includes all local educational agencies, including charter schools, the California School for the Deaf, the California School for the Blind, nonpublic schools, and nonpublic agencies, including both in-state and out-of-state nonpublic schools and nonpublic agencies. (d) "Mechanical restraint" means the use of a mechanical device, material, or equipment attached or adjacent to the pupil's body that he or she cannot easily remove that restricts the freedom of movement of all or part of a pupil's body, or restricts normal access to the pupil's body. Mechanical restraint does not include mechanical devices, material, or equipment used for postural support, during transportation, or used to improve the mobility and independent functioning of a pupil rather than to restrict movement. (e) "Physical restraint" means the use of a manual hold to restrict freedom of movement of all or part of a pupil's body, or to restrict normal access to the pupil's body. Physical restraint is a staff-to-pupil physical contact in which the pupil unwillingly participates. Physical restraint does not include briefly holding a pupil without undue force in order to calm or comfort or to prevent unsafe behavior, such as running into traffic or engaging in a physical altercation, or physical contact intended to gently assist or prompt a pupil in performing a task or to guide or assist a pupil from one area to another. (f) "Pupil" means an individual with exceptional needs as defined in Section 56026. (g) "Seclusion" means the involuntary confinement of a pupil alone in a room or area from which the pupil physically is prevented from leaving. "Seclusion" does not mean a supervised timeout, in which an adult is continuously present in the room with the pupil. 49012. An educational provider shall not use seclusion, chemical restraint, mechanical restraint, or physical restraint for the purpose of coercion, discipline, convenience, or retaliation by staff. 49013. (a) An educational provider shall not use any of the following: (1) A physical restraint technique that obstructs a pupil's respiratory airway or impairs the pupil's breathing or respiratory capacity, including techniques in which a staff member places pressure on a pupil's back or places his or her body weight against the pupil's torso or back. (2) A pillow, blanket, or other item covering the pupil's face as part of a physical restraint. (3) An improvised restraint device, such as a sheet or belt. (4) A physical restraint on a pupil who has a known medical, psychological, or physical condition, and where there is reason to believe that the use would endanger the pupil's life or seriously exacerbate the medical, psychological, or physical condition of the pupil. Known risk factors include a history of trauma or abuse, obesity, agitated or excited syndromes, preexisting heart disease, and respiratory conditions, including bronchitis or asthma. (5) Placement of a pupil in a facedown position with the pupil's hands held or restrained behind his or her back. (6) Physical restraint as an extended procedure beyond the immediate emergency. (b) An educational provider shall avoid the use of prone restraint techniques whenever possible. (c) An educational provider may use physical restraint only if all of the following conditions are met: (1) It is an emergency situation and physical restraint is required to prevent imminent serious physical harm to the pupil, staff, or others. (2) The educational provider has determined that less restrictive alternatives and positive behavioral supports are ineffective. (3) A staff member is continuously present and keeps the pupil under constant face-to-face observation for signs of distress or difficulty breathing. (4) The staff member applying the restraint is trained in emergency interventions, including physical restraint. 49014. An educational provider shall not use chemical restraint, except as otherwise licensed to prescribe and administer medication. 49015. An educational provider shall not use mechanical restraint. 49016. It is the intent of the Legislature to completely phase out the use of seclusion by all educational providers by January 1, 2012 and until that time to limit the use of seclusion as specified in Section 49017. 49017. (a) Beginning January 1, 2012, an educational provider shall not use seclusion. (b) Until January 1, 2012, an educational provider shall not use seclusion unless all of the following conditions are met: (1) The educational provider is using seclusion as an emergency behavioral intervention. (2) The educational provider is a nonpublic, nonsectarian school, as defined in Section 56034, with intensive behavioral supports. (3) The pupil placed in seclusion has a current individualized education program, and has the ability to understand the purpose of seclusion and the directives given by the school personnel regarding the seclusion. (4) The pupil has a behavioral intervention plan or interim behavioral intervention plan, while a functional analysis assessment, pursuant to Section 3052(b) of Title 5 of the California Code of Regulations, is being completed, and that plan takes into account a pupil's developmental level and individual history of trauma and abuse and includes the pupil's expressed preference of emergency intervention. The plan shall be reviewed by the individualized education program team after every incident of seclusion. (5) The pupil placed in seclusion exhibits behavior that poses an imminent risk of serious physical harm to school personnel, or is in a facility otherwise licensed or permitted by the state to use seclusion when the pupil poses an imminent risk of serious physical harm to school personnel or others, and the behavior cannot be addressed by a less restrict intervention. (6) During the use of seclusion a staff member, who is trained in emergency interventions including seclusion and is free from other responsibilities at the time, is continually present and keeps the pupil under constant direct visual observation. A pupil cannot be deprived of sleep, food, water, shelter, physical comfort, or access to bathroom facilities. (7) The period of seclusion shall not exceed 15 minutes except as indicated below: (A) A behavioral intervention case manager or, in the absence of the behavioral intervention case manager, a site administrator with training in behavioral intervention may approve continuation of seclusion for a total duration not to exceed 30 minutes for any one continuous seclusion event, after observing the pupil's behavior while secluded and determining that the pupil continues to exhibit behavior consistent with the conditions described in paragraph (4). (B) A qualified mental health professional, as defined in Section 60020 of Title 2 of the California Code of Regulations, may approve continuation of seclusion in a facility otherwise licensed to use seclusion under Title 22 for a total duration not to exceed 60 minutes for any one continuous seclusion event, after observing the pupil's behavior while secluded and determining that the pupil continues to exhibit behavior consistent with the conditions described in paragraph (4). (7) The seclusion room meets all of the following requirements: (A) It is not used for another purpose, including use as a storage room, bathroom, or utility room. (B) It is not used without a fire clearance from the local fire authority. (C) It does not prevent exiting by the use of locking or jamming devices, including devices that allow for immediate release upon removal of a staff member's foot, hand, or body from a magnetic engagement pad or button, unless in a facility otherwise licensed or permitted by state law to use locked seclusion. (D) It is safe and free of hazards, including objects or fixtures that can be broken or used by a pupil to inflict injury. 49018. (a) It is the intent of the Legislature that, except where this article may grant more protections, this article shall be interpreted as being consistent with Chapter 5.5 (commencing with Section 56520) of Part 30 and its implementing regulations commencing with Section 3052 of Title 5 of the California Code of Regulations. (b) It is also the intent of the Legislature to monitor the implementation of this article and to encourage stakeholders, including, but not limited to, disability rights advocacy groups, representatives of education providers, and education organizations to voluntarily make recommendations for future legislation and budget augmentations on the topic of seclusion and restraint. SECTION 1. Section 32282 of the Education Code is amended to read: 32282. (a) The comprehensive school safety plan shall include, but not be limited to, both of the following: (1) Assessing the current status of school crime committed on school campuses and at school-related functions. (2) Identifying appropriate strategies and programs that will provide or maintain a high level of school safety and address the school's procedures for complying with existing laws related to school safety, which shall include the development of all of the following: (A) Child abuse reporting procedures consistent with Article 2.5 (commencing with Section 11164) of Chapter 2 of Title 1 of Part 4 of the Penal Code. (B) Disaster procedures, routine and emergency, including adaptations for pupils with disabilities in accordance with the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.). The disaster proceduresshallalso shall include, but not be limited to, both of the following: (i) Establishing an earthquake emergency procedure system in every public school building having an occupant capacity of 50 or more pupils or more than one classroom. A district or county office may work with the Office of Emergency Services and the Seismic Safety Commission to develop and establish the earthquake emergency procedure system. The system shall include, but not be limited to, all of the following: (I) A school building disaster plan, ready for implementation at any time, for maintaining the safety and care of pupils and staff. (II) A drop procedure whereby each pupil and staff member takes cover under a table or desk, dropping to his or her knees, with the head protected by the arms, and the back to the windows. A drop procedure practice shall be held at least once each school quarter in elementary schools and at least once a semester in secondary schools. (III) Protective measures to be taken before, during, and following an earthquake. (IV) A program to ensure that pupils and both the certificated and classified staff are aware of, and properly trained in, the earthquake emergency procedure system. (ii) Establishing a procedure to allow a public agency, including the American Red Cross, to use school buildings, grounds, and equipment for mass care and welfare shelters during disasters or other emergencies affecting the public health and welfare. The district or county office shall cooperate with the public agency in furnishing and maintaining the services as the district or county office may deem necessary to meet the needs of the community. (C) Policies pursuant to subdivision (d) of Section 48915 for pupils who committed an act listed in subdivision (c) of Section 48915 and other school-designated serious acts which would lead to suspension, expulsion, or mandatory expulsion recommendations pursuant to Article 1 (commencing with Section 48900) of Chapter 6 of Part 27 of Division 4 of Title 2 . (D) Procedures to notify teachers of dangerous pupils pursuant to Section 49079. (E) A discrimination and harassment policy consistent with the prohibition against discrimination contained in Chapter 2 (commencing with Section 200) of Part 1. (F) The provisions of any schoolwide dress code, pursuant to Section 35183, that prohibits pupils from wearing "gang-related apparel," if the school has adopted that type of a dress code. For those purposes, the comprehensive school safety plan shall define "gang-related apparel." The definition shall be limited to apparel that, if worn or displayed on a school campus, reasonably could be determined to threaten the health and safety of the school environment. Any schoolwide dress code established pursuant to this section and Section 35183 shall be enforced on the school campus and at any school-sponsored activity by the principal of the school or the person designated by the principal. For the purposes of this paragraph, "gang-related apparel" shall not be considered a protected form of speech pursuant to Section 48950. (G) Procedures for safe ingress and egress of pupils, parents, and school employees to and from school. (H) A safe and orderly environment conducive to learning at the school. (I) The rules and procedures on school discipline adopted pursuant to Sections 35291 and 35291.5. (J) Hate crime reporting procedures pursuant to Chapter 1.2 (commencing with Section 628) of Title 15 of Part 1 of the Penal Code. (b) The comprehensive school safety plan may include the rules and procedures regarding the use of restraint and seclusion pursuant to Article 5.5 (commencing with Section 49010) of Chapter 27 of Division 4 of Title 2.(b)(c) It is the intent of the Legislature that schools develop comprehensive school safety plans using existing resources, including the materials and services of the partnership, pursuant to this chapter. It is also the intent of the Legislature that schools use the handbook developed and distributed by the School/Law Enforcement Partnership Program entitled "Safe Schools: A Planning Guide for Action" in conjunction with developing their plan for school safety.(c)(d) Grants to assist schools in implementing their comprehensive school safety plan shall be made available through the partnership as authorized by Section 32285.(d)(e) Each schoolsite council or school safety planning committee in developing and updating a comprehensive school safety planshall, where practical, shall consult, cooperate, and coordinate with other schoolsite councils or school safety planning committees.(e)(f) The comprehensive school safety plan may be evaluated and amended, as needed, by the school safety planning committee, but shall be evaluated at least once a year, to ensure that the comprehensive school safety plan is properly implemented. An updated file of all safety-related plans and materials shall be readily available for inspection by the public.(f)(g) The comprehensive school safety plan, as written and updated by the schoolsite council or school safety planning committee, shall be submitted for approval under subdivision (a) of Section 32288. SEC. 2. Article 5.5 (commencing with Section 49010) is added to Chapter 6 of Part 27 of Division 4 of Title 2 of the Education Code, to read: Article 5.5. Restraint and Seclusion 49010. The Legislature finds and declares all of the following: (a) Seclusion and restraint may cause trauma and injury to both the individual subjected to these techniques and the personnel executing them. (b) The use of seclusion and restraint as interventions when a pupil poses an imminent risk of serious physical harm to self or others are not therapeutic or educational. Their use does not positively change behavior and is limited to emergency interventions. 49011. For purposes of this article, the following definitions apply: (a) "Chemical restraint" means the administration of a drug or medication to manage a pupil's behavior or restrict a pupil's freedom of movement that is not a standard treatment and dosage for the pupil's medical or psychiatric condition. (b) "Department" means the State Department of Education. (c) (1) "Educational provider" means an entity or a person that does both of the following: (A) Receives support in any form from a program supported in whole or in part with funds appropriated by the department. (B) Provides educational or related services, supports, or other assistance to individuals in a public or private elementary or secondary school. (2) Educational provider includes all local educational agencies, including charter schools, the California School for the Deaf, the California School for the Blind, nonpublic schools, and nonpublic agencies, including both in-state and out-of-state nonpublic schools and nonpublic agencies. (d) "Mechanical restraint" means the use of a mechanical device, material, or equipment attached or adjacent to the pupil's body that he or she cannot easily remove that restricts the freedom of movement of all or part of a pupil's body, or restricts normal access to the pupil's body. Mechanical restraint does not include mechanical devices, material, or equipment used for postural support, during transportation, or used to improve the mobility and independent functioning of a pupil rather than to restrict movement. (e) "Physical restraint" means the use of a manual hold to restrict freedom of movement of all or part of a pupil's body, or to restrict normal access to the pupil's body. Physical restraint is a staff-to-pupil physical contact in which the pupil unwillingly participates. Physical restraint does not include briefly holding a pupil without undue force in order to calm or comfort or to prevent unsafe behavior, such as running into traffic or engaging in a physical altercation, or physical contact intended to gently assist or prompt a pupil in performing a task or to guide or assist a pupil from one area to another. (f) "Pupil" means an individual with exceptional needs as defined in Section 56026. (g) "Seclusion" means the involuntary confinement of a pupil alone in a room or area from which the pupil physically is prevented from leaving. "Seclusion" does not mean a supervised timeout, in which an adult is continuously present in the room with the pupil. 49012. An educational provider shall not use seclusion, chemical restraint, mechanical restraint, or physical restraint for the purpose of coercion, discipline, convenience, or retaliation by staff. 49013. (a) An educational provider shall not use any of the following: (1) A physical restraint technique that obstructs a pupil's respiratory airway or impairs the pupil's breathing or respiratory capacity, including techniques in which a staff member places pressure on a pupil's back or places his or her body weight against the pupil's torso or back. (2) A pillow, blanket, or other item covering the pupil's face as part of a physical restraint. (3) An improvised restraint device, such as a sheet or belt. (4) A physical restraint on a pupil who has a known medical, psychological, or physical condition, and where there is reason to believe that the use would endanger the pupil's life or seriously exacerbate the medical, psychological, or physical condition of the pupil. Known risk factors include a history of trauma or abuse, obesity, agitated or excited syndromes, preexisting heart disease, and respiratory conditions, including bronchitis or asthma. (5) Placement of a pupil in a facedown position with the pupil's hands held or restrained behind his or her back. (6) Physical restraint as an extended procedure beyond the immediate emergency. (b) An educational provider shall avoid the use of prone restraint techniques whenever possible. (c) An educational provider may use physical restraint only if all of the following conditions are met: (1) It is an emergency situation and physical restraint is required to prevent imminent serious physical harm to the pupil, staff, or others. (2) The educational provider has determined that less restrictive alternatives and positive behavioral supports are ineffective. (3) A staff member is continuously present and keeps the pupil under constant face-to-face observation for signs of distress or difficulty breathing. (4) The staff member applying the restraint is trained in emergency interventions, including physical restraint. 49014. An educational provider shall not use chemical restraint, except as otherwise licensed to prescribe and administer medication. 49015. An educational provider shall not use mechanical restraint. 49016. It is the intent of the Legislature to completely phase out the use of seclusion by all educational providers by January 1, 2012 and until that time to limit the use of seclusion as specified in Section 49017. 49017. (a) Beginning January 1, 2012, an educational provider shall not use seclusion. (b) Until January 1, 2012, an educational provider shall not use seclusion unless all of the following conditions are met: (1) The educational provider is using seclusion as an emergency behavioral intervention. (2) The educational provider is a nonpublic, nonsectarian school, as defined in Section 56034, with intensive behavioral supports. (3) The pupil placed in seclusion has a current individualized education program, and has the ability to understand the purpose of seclusion and the directives given by the school personnel regarding the seclusion. (4) The pupil has a behavioral intervention plan or interim behavioral intervention plan, while a functional analysis assessment, pursuant to Section 3052(b) of Title 5 of the California Code of Regulations, is being completed, and that plan takes into account a pupil's developmental level and individual history of trauma and abuse and includes the pupil's expressed preference of emergency intervention. The plan shall be reviewed by the individualized education program team after every incident of seclusion. (5) The pupil placed in seclusion exhibits behavior that poses an imminent risk of serious physical harm to school personnel, or is in a facility otherwise licensed or permitted by the state to use seclusion when the pupil poses an imminent risk of serious physical harm to school personnel or others, and the behavior cannot be addressed by a less restrict intervention. (6) During the use of seclusion a staff member, who is trained in emergency interventions including seclusion and is free from other responsibilities at the time, is continually present and keeps the pupil under constant direct visual observation. A pupil cannot be deprived of sleep, food, water, shelter, physical comfort, or access to bathroom facilities. (7) The period of seclusion shall not exceed 15 minutes except as indicated below: (A) A behavioral intervention case manager or, in the absence of the behavioral intervention case manager, a site administrator with training in behavioral intervention may approve continuation of seclusion for a total duration not to exceed 30 minutes for any one continuous seclusion event, after observing the pupil's behavior while secluded and determining that the pupil continues to exhibit behavior consistent with the conditions described in paragraph (4). (B) A qualified mental health professional, as defined in Section 60020 of Title 2 of the California Code of Regulations, may approve continuation of seclusion in a facility otherwise licensed to use seclusion under Title 22 for a total duration not to exceed 60 minutes for any one continuous seclusion event, after observing the pupil's behavior while secluded and determining that the pupil continues to exhibit behavior consistent with the conditions described in paragraph (4). (7) The seclusion room meets all of the following requirements: (A) It is not used for another purpose, including use as a storage room, bathroom, or utility room. (B) It is not used without a fire clearance from the local fire authority. (C) It does not prevent exiting by the use of locking or jamming devices, including devices that allow for immediate release upon removal of a staff member's foot, hand, or body from a magnetic engagement pad or button, unless in a facility otherwise licensed or permitted by state law to use locked seclusion. (D) It is safe and free of hazards, including objects or fixtures that can be broken or used by a pupil to inflict injury. 49018. (a) It is the intent of the Legislature that, except where this article may grant more protections, this article shall be interpreted as being consistent with Chapter 5.5 (commencing with Section 56520) of Part 30 and its implementing regulations commencing with Section 3052 of Title 5 of the California Code of Regulations. (b) It is also the intent of the Legislature to monitor the implementation of this article and to encourage stakeholders, including, but not limited to, disability rights advocacy groups, representatives of education providers, and education organizations to voluntarily make recommendations for future legislation and budget augmentations on the topic of seclusion and restraint.