| 1 | | - | Amended IN Assembly January 07, 2020 Amended IN Assembly January 06, 2020 Amended IN Assembly April 09, 2019 Amended IN Assembly March 28, 2019 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 216Introduced by Assembly Member WeberJanuary 15, 2019 An act to add and repeal Article 5.3 (commencing with Section 49007) of Chapter 6 of Part 27 of Division 4 of Title 2 of the Education Code, relating to school safety.LEGISLATIVE COUNSEL'S DIGESTAB 216, as amended, Weber. School safety: Pupil and Staff Safety Pilot Program.Existing law prohibits a person employed by or engaged in a public school from inflicting, or causing to be inflicted, corporal punishment upon a pupil. Existing law prohibits an educational provider, as defined, from using a behavioral restraint or seclusion in certain circumstances, including, but not limited to, using seclusion or a behavioral restraint for the purpose of coercion, discipline, convenience, or retaliation, and prohibits the use of certain restraint and seclusion techniques.This bill would establish the Pupil and Staff Safety Pilot Program to be administered by through the Scale Up MTSS Statewide (SUMS) project, in consultation with the State Department of Education. The program would authorize county offices of education local educational agencies, as defined, to apply to the department for grants to award to applicant local educational agencies, as defined, for pilot program funds for the purpose of training staff who have contact or interaction with pupils on deescalation techniques and alternatives to physical restraint and seclusion of pupils. The bill would require a local educational agency that provides training pursuant to the pilot program to keep records of the training and to report on its implementation of the training to the department. administrator of the SUMS project and the Superintendent of Public Instruction, as specified. The bill would require the department, within 6 months of Superintendent, once all pilot program funds being are expended, to conduct and submit a summary of the local educational agency reports the Superintendent received to the Legislature an evaluation of the pilot program and to notify the Secretary of State of the conclusion of the pilot program. Legislature, the Department of Finance, the State Board of Education, and the Legislative Analysts Office. The bill would make implementation of the pilot program contingent upon one-time funds being provided for its purposes, as specified.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Article 5.3 (commencing with Section 49007) is added to Chapter 6 of Part 27 of Division 4 of Title 2 of the Education Code, to read: Article 5.3. Pupil and Staff Safety Pilot Program49007. (a) The Pupil and Staff Safety Pilot Program is hereby established under the administration of established, to be administered through the Scale Up MTSS Statewide (SUMS) project established in Section 57 of Chapter 13 of the Statutes of 2015, in consultation with the department.(b)County offices of education may apply to the department for pilot program grants. Moneys from those grants shall be awarded to local educational agencies that voluntarily apply for those funds(b) Local educational agencies may apply for pilot program funds for the purpose of training staff who have contact or interaction with pupils on deescalation techniques and alternatives to physical restraint and seclusion of pupils.(c) In awarding pilot program funds, priority shall be given to local educational agencies with a higher rate of seclusion or restraint of pupils or a significant disproportionality in pupil discipline, as demonstrated by data submitted to the department as required by state or federal law.(c)(d) For purposes of this article, local educational agency includes a county office of education, a school district, or a charter school. school, the California School for the Deaf, or the California School for the Blind. Local educational agency also includes a consortium of local educational agencies.49007.2. (a) A local educational agency that provides training pursuant to the pilot program shall provide the training to staff who have contact or interaction with pupils. The training shall satisfy all of the following conditions:(1) It shall be conducted by persons licensed or certified in fields related to the evidence-based practices and interventions being taught.(2) It shall be taught in a manner consistent with the development and implementation of individualized education programs.(3) It shall be consistent with the requirements of Article 5.2 (commencing with Section 49005), relating to pupil discipline.(b) The content of the training shall include, but is not limited to, all of the following:(1) Positive behavioral intervention and supports, including collection, analysis, and use of data to inform, plan, and implement behavioral supports.(2) How to understand and address challenging behaviors, including evidence-based strategies for preventing those behaviors.(3) Evidence-based interventions for reducing and replacing challenging behaviors, including deescalation techniques.(c) (1)A local educational agency shall, once it expends its pilot program funds, report to the department administrator of the SUMS project on its implementation of the pilot program training. training and any available outcome data.(2)A local educational agency shall maintain written records of the training, and shall provide written verification of the training upon request. (d)Training provided as part of the pilot program may be provided in accordance with the states Multi-Tiered System of Support framework developed under the Scale Up MTSS Statewide (SUMS) project.(e)It is the intent of the Legislature that training provided as part of the pilot program incorporate, to the extent applicable, the elements of the proposed state-approved crisis intervention training program, as defined in paragraph (17) of Section 4 of House Resolution 7124, as introduced by the 115th Congress on November 14, 2018.49007.4. (a) Implementation of the pilot program pursuant to this article is contingent upon one-time funds being provided for its purposes. Those funds may include, but are not limited to, federal funds or an appropriation in the annual Budget Act or another statute.(b)The department shall do both of the following within six months of all pilot program funds being expended:(1)Using the reports provided pursuant to paragraph (1) of subdivision (c) of Section 49007.2, conduct and submit to the Legislature in compliance with Section 9795 of the Government Code an evaluation of the pilot program.(2)Notify the Secretary of State of the date the evaluation is due pursuant to paragraph (1) and the corresponding date this article will become inoperative pursuant to subdivision (c).(b) (1) By September 30 of each fiscal year until a local educational agency has fully expended its pilot program funds, the local educational agency shall submit a report to the Superintendent summarizing how the local educational agency used the pilot program funds in the prior fiscal year. Each annual report shall include all of the following:(A) A summary of the training conducted.(B) The number of local educational agencies, educators, and pupils served by the training.(C) A summary of any data that is available on outcomes resulting from the training conducted, which may include, but is not limited to, outcome data related to restraint and seclusion of pupils.(2) Once all pilot program funds are fully expended, the Superintendent shall submit a summary of the annual reports received pursuant to paragraph (1) to the appropriate fiscal and policy committees of the Legislature, the Department of Finance, the state board, and the Legislative Analysts Office.(c) This article shall remain in effect only until four years after the date the evaluation summary is due pursuant to paragraph (1) (2) of subdivision (b), and shall be repealed as of January 1 of the following year. |
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| 1 | + | Amended IN Assembly January 06, 2020 Amended IN Assembly April 09, 2019 Amended IN Assembly March 28, 2019 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 216Introduced by Assembly Member WeberJanuary 15, 2019 An act to amend Sections 49005, 49005.1, 49005.4, 49005.6, 49005.8, 49006, 56521.1, 56521.2 of, and to add Sections 49005.5, 49005.9, and 49006.5 to, add and repeal Article 5.3 (commencing with Section 49007) of Chapter 6 of Part 27 of Division 4 of Title 2 of the Education Code, relating to pupil discipline. school safety.LEGISLATIVE COUNSEL'S DIGESTAB 216, as amended, Weber. Pupil discipline: restraint and seclusion. School safety: Pupil and Staff Safety Pilot Program.Existing law prohibits a person employed by or engaged in a public school from inflicting, or causing to be inflicted, corporal punishment upon a pupil. Existing law prohibits an educational provider, as defined, from using a behavioral restraint or seclusion in certain circumstances, including, but not limited to, using seclusion or a behavioral restraint for the purpose of coercion, discipline, convenience, or retaliation, and prohibits the use of certain restraint and seclusion techniques.This bill would limit an educational providers use of seclusion or behavioral restraint to only control unpredictable and spontaneous behavior by a pupil that poses a clear and present danger of serious physical harm to the pupil or others, and when the behavior cannot be immediately prevented by a response that is less restrictive. The bill would require local educational agencies and nonpublic schools and agencies to implement positive behavioral intervention and supports, as defined, on all schoolsites, and would prohibit an educational provider from using seclusion or behavioral restraint before the provider receives emergency behavioral intervention training. The bill would require the State Department of Education to maintain a directory of recommended emergency behavioral intervention training programs meeting specified requirements and would allow a local educational agency or nonpublic school or agency to seek approval from the department to use a training program not on the directory if it first seeks, and receives, written approval from the department. The bill would require a local educational agency to annually provide specified notice to all school personnel and parents of pupils regarding the use of physical restraint and seclusion, and to follow specified protocols for notifying a pupils parents, and preparing a behavioral emergency report, after the use of a physical restraint or seclusion. The bill would require a local educational agency to develop and adopt procedures to review behavioral emergency reports on a quarterly and annual basis. The bill would prohibit an educational provider from authorizing, or requiring a parent to consent to, the use of physical restraint or seclusion as a planned intervention in a pupils behavioral intervention plan or individualized education program, and from using prone, chemical, or mechanical restraint. The bill would also require an educational provider to take specified actions, including providing the pupil with adequate access to the bathroom and water every 30 minutes, if behavioral restraint or seclusion is used for more than 20 minutes. The bill would prohibit a local educational agency from contracting with an out-of-state nonpublic school or agency to provide services for pupils, unless the contract includes a provision requiring the out-of-state nonpublic school or agency to be subject to the same requirements and prohibitions imposed on an in-state nonpublic school or agency relating to the use of behavioral restraint or seclusion. The bill authorizes an individual or an organization to file a complaint of noncompliance with the requirements related to behavioral restraint or seclusion with the department. By imposing new duties on local educational agencies, this bill would constitute a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.This bill would establish the Pupil and Staff Safety Pilot Program to be administered by the State Department of Education. The program would authorize county offices of education to apply to the department for grants to award to applicant local educational agencies, as defined, for the purpose of training staff who have contact or interaction with pupils on deescalation techniques and alternatives to physical restraint and seclusion of pupils. The bill would require a local educational agency that provides training pursuant to the pilot program to keep records of the training and to report on its implementation of the training to the department. The bill would require the department, within 6 months of all pilot program funds being expended, to conduct and submit to the Legislature an evaluation of the pilot program and to notify the Secretary of State of the conclusion of the pilot program. The bill would make implementation of the pilot program contingent upon funds being provided for its purposes, as specified.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESNO Bill TextThe people of the State of California do enact as follows:SECTION 1. Article 5.3 (commencing with Section 49007) is added to Chapter 6 of Part 27 of Division 4 of Title 2 of the Education Code, to read: Article 5.3. Pupil and Staff Safety Pilot Program49007. (a) The Pupil and Staff Safety Pilot Program is hereby established under the administration of the department.(b) County offices of education may apply to the department for pilot program grants. Moneys from those grants shall be awarded to local educational agencies that voluntarily apply for those funds for the purpose of training staff who have contact or interaction with pupils on deescalation techniques and alternatives to physical restraint and seclusion of pupils.(c) For purposes of this article, local educational agency includes a county office of education, school district, or charter school.49007.2. (a) A local educational agency that provides training pursuant to the pilot program shall provide the training to staff who have contact or interaction with pupils. The training shall satisfy all of the following conditions:(1) It shall be conducted by persons licensed or certified in fields related to the evidence-based practices and interventions being taught.(2) It shall be taught in a manner consistent with the development and implementation of individualized education programs.(3) It shall be consistent with the requirements of Article 5.2 (commencing with Section 49005), relating to pupil discipline.(b) The content of the training shall include, but is not limited to, all of the following:(1) Positive behavioral intervention and supports, including collection, analysis, and use of data to inform, plan, and implement behavioral supports.(2) How to understand and address challenging behaviors, including evidence-based strategies for preventing those behaviors.(3) Evidence-based interventions for reducing and replacing challenging behaviors, including deescalation techniques.(c) (1) A local educational agency shall, once it expends its pilot program funds, report to the department on its implementation of the pilot program training.(2) A local educational agency shall maintain written records of the training, and shall provide written verification of the training upon request. (d) Training provided as part of the pilot program may be provided in accordance with the states Multi-Tiered System of Support framework developed under the Scale Up MTSS Statewide (SUMS) project.(e) It is the intent of the Legislature that training provided as part of the pilot program incorporate, to the extent applicable, the elements of the proposed state-approved crisis intervention training program, as defined in paragraph (17) of Section 4 of House Resolution 7124, as introduced by the 115th Congress on November 14, 2018.49007.4. (a) Implementation of the pilot program pursuant to this article is contingent upon funds being provided for its purposes. Those funds may include, but are not limited to, federal funds or an appropriation in the annual Budget Act or another statute.(b) The department shall do both of the following within six months of all pilot program funds being expended:(1) Using the reports provided pursuant to paragraph (1) of subdivision (c) of Section 49007.2, conduct and submit to the Legislature in compliance with Section 9795 of the Government Code an evaluation of the pilot program.(2) Notify the Secretary of State of the date the evaluation is due pursuant to paragraph (1) and the corresponding date this article will become inoperative pursuant to subdivision (c).(c) This article shall remain in effect only until four years after the date the evaluation is due pursuant to paragraph (1) of subdivision (b), and shall be repealed as of January 1 of the following year.SECTION 1.Section 49005 of the Education Code is amended to read:49005.The Legislature finds and declares all of the following:(a)While it is appropriate to intervene in an emergency to prevent a pupil from imminent risk of serious physical self-harm or harm of others, restraint and seclusion are dangerous interventions, with certain known practices posing a great risk to child health and safety.(b)United States Department of Education guidelines specify that the use of restraint and seclusion must be consistent with the pupils right to be treated with dignity and to be free from abuse.(c)Restraint and seclusion should only be used as a safety measure of last resort, and should never be used as punishment or discipline or for staff convenience.(d)Restraint and seclusion may cause serious injury or long lasting trauma and death, even when done safely and correctly.(e)There is no evidence that restraint or seclusion is effective in reducing the problem behaviors that frequently precipitate the use of those techniques.(f)Pupils with disabilities and pupils of color, especially African American boys, are disproportionately subject to restraint and seclusion.(g)Well-established California law already regulates restraint techniques in a number of settings, including general acute care hospitals, acute psychiatric hospitals, psychiatric health facilities, crisis stabilization units, community treatment facilities, group homes, skilled nursing facilities, intermediate care facilities, community care facilities, and mental health rehabilitation centers. These minimal protections should be provided to all pupils in schools.(h)It is the intent of the Legislature to ensure that schools foster learning in a safe and healthy environment and provide adequate safeguards to prevent harm, and even death, to pupils in school.(i)This article is intended to be read to be consistent with, and does not change any requirements, limitations, or protections in, existing law pertaining to pupils with exceptional needs.(j)It is the intent of the Legislature to prohibit dangerous practices. Restraint and seclusion, as described in this article, do not further a pupils education. At the same time, the Legislature recognizes that if an emergency situation arises, the ability of education personnel to act in that emergency to safeguard a pupil or others from imminent physical harm should not be restricted.SEC. 2.Section 49005.1 of the Education Code is amended to read:49005.1.The following definitions apply to this article:(a)Behavioral intervention plan means a plan that details strategies to address behaviors that impede learning, or are ongoing, and do not readily respond to general intervention or classroom management techniques, by teaching pupils prosocial skills and other positive replacement behaviors. The plan may include, but is not limited to, positive strategies, program or curricular modifications, and supplementary aids and supports required to address problem behaviors.(b)Behavioral restraint means chemical restraint, mechanical restraint, or physical restraint, as defined in this section, used as an intervention when a pupil presents an immediate danger to self or to others. Behavioral restraint does not include postural restraints or devices used to improve a pupils mobility and independent functioning rather than to restrict movement.(c)(1)Chemical restraint means a drug or medication that is used on a pupil to control behavior or restrict freedom of movement.(2)Chemical restraint does not include medication that is prescribed by a licensed physician or other qualified health professional acting under the professionals scope of practice for standard treatment of a pupils medical or psychiatric condition.(3)Chemical restraint does not include medication administered as prescribed by a licensed physician or other qualified health professional acting under the professionals scope of practice.(d)Educational provider means a person who provides educational or related services, support, or other assistance to a pupil enrolled in an educational program provided by a local educational agency or a nonpublic school or agency.(e)Functional behavioral assessment means the analysis of a pupils behavior patterns before, during, and after rulebreaking or other inappropriate behavior by the pupil, for the purpose of guiding the development of a behavioral intervention plan.(f)Local educational agency means a school district, county office of education, charter school, the California Schools for the Deaf, and the California School for the Blind.(g)(1)Mechanical restraint means the use of a device or equipment to restrict a pupils freedom of movement.(2)(A)Mechanical restraint does not include the use of devices by peace officers or security personnel for detention or for public safety purposes.(B)Mechanical restraint does not include the use of devices by trained school personnel, or by a pupil, prescribed by an appropriate medical or related services professional, if the device is used for the specific and approved purpose for which the device or equipment was prescribed, which shall include, but not be limited to, all of the following:(i)Adaptive devices or mechanical supports used to achieve proper body position, balance, or alignment to allow greater freedom of mobility than would be possible without the use of such devices or mechanical supports.(ii)Vehicle safety restraints when used as intended during the transport of a pupil in a moving vehicle.(iii)Restraints for medical immobilization.(iv)Orthopedically prescribed devices that permit a pupil to participate in activities without risk of harm.(h)Nonpublic school or agency means any nonpublic school or nonpublic agency, including both in-state and out-of-state nonpublic schools and nonpublic agencies.(i)Parent means a biological parent, stepparent, adoptive parent, foster parent, caretaker relative, or any other adult living with a child who has responsibility for the care and welfare of a minor pupil. If a pupil has attained 18 years of age, the rights of parents under this article shall be accorded to the pupil.(j)(1)Physical restraint means a personal restriction that immobilizes or reduces the ability of a pupil to move the pupils torso, arms, legs, or head freely. Physical restraint does not include a physical escort, which means a temporary touching or holding of the hand, wrist, arm, shoulder, or back for the purpose of inducing a pupil who is acting out to walk to a safe location.(2)Physical restraint does not include the use of force by peace officers or security personnel for detention or for public safety purposes.(k)(1)Positive behavioral interventions and supports means a schoolwide, systematic approach to embed evidence-based practices and data-driven decisionmaking to improve school climate and culture in order to achieve improved academic and social outcomes and increase learning for all pupils, including for pupils with the most complex and intensive behavioral needs.(2)Positive behavioral interventions and supports encompasses a range of systemic and individualized positive strategies to reinforce desired behaviors, diminish reoccurrence of challenging behaviors, and teach appropriate behaviors to pupils.(l)Prone restraint means the application of a behavioral restraint on a pupil in a facedown position.(m)Pupil means a pupil enrolled in preschool, kindergarten, or any of grades 1 to 12, inclusive, and receiving educational services from an educational provider.(n)Seclusion means the involuntary confinement of a pupil alone in a room or area from which the pupil is physically prevented from leaving. Seclusion does not include a timeout, which is a behavior management technique that is part of an approved program, that involves the monitored separation of the pupil in a nonlocked setting, and is implemented for the purpose of calming.SEC. 3.Section 49005.4 of the Education Code is amended to read:49005.4.(a)An educational provider may use seclusion or a behavioral restraint only to control unpredictable and spontaneous behavior that poses a clear and present danger of serious physical harm to the pupil or others that cannot be immediately prevented by a response that is less restrictive.(b)If behavioral restraint or seclusion is used on a pupil, the behavioral restraint or seclusion shall be used only for as long as the pupils behavior poses a clear and present danger of serious physical harm to the pupil or others.(c)This section is not an exception to Section 49005.8.SEC. 4.Section 49005.5 is added to the Education Code, to read:49005.5.(a)Local educational agencies and nonpublic schools and agencies shall implement positive behavioral intervention and supports on all schoolsites in order to establish schoolwide behavioral practices that minimize and prevent problem behaviors for all pupils and reduce the risk that pupils will be subjected to behavioral restraint or seclusion.(b)An educational provider shall not use seclusion or a behavioral restraint before receiving emergency behavioral intervention training that has been approved by the department.(c)(1)The department shall maintain a directory of recommended emergency behavioral intervention training programs that include, but are not limited to, all of the following elements:(A)Identification of the behaviors that indicate a pupils need for a functional behavioral assessment and a behavioral intervention plan, and the appropriate procedures for referring a pupil for a functional behavioral assessment and implementing a pupils behavioral intervention plan.(B)Appropriate procedures for preventing the need for seclusion or a behavioral restraint, including the deescalation of dangerous behavior, relationship building, and the use of alternatives to seclusion and restraint.(C)Identification of dangerous behaviors that may indicate the need for seclusion or physical restraint and methods for evaluating the risk of harm to determine if seclusion or physical restraint is warranted.(D)Simulated experience in administering and receiving a variety of physical restraint techniques across a range of increasingly restrictive interventions.(E)Instruction regarding the effects of physical restraint on the person restrained, including how to monitor physical signs of distress and how to obtain medical assistance.(F)Instruction on the investigation of injuries and complaints relating to seclusion or behavioral restraint.(2)A local educational agency or nonpublic school or agency may use a training program that is not in the department directory if it submits a plan to the department that demonstrates how the training program meets the purposes of this section and contains the elements listed above, and the local educational agency or nonpublic school or agency receives written approval from the department for the training program.(d)The department shall establish minimum standards for any rooms used by a local educational agency or nonpublic school or agency for seclusion of a pupil. The standards shall meet both of the following requirements:(1)Take into account the health and safety of pupils and school personnel and the respect and dignity of pupils.(2)Include consideration of the size, safety features, lighting, and ventilation of the room or area used for purposes of seclusion.SEC. 5.Section 49005.6 of the Education Code is amended to read:49005.6.(a)An educational provider shall avoid, whenever possible, the use of seclusion or behavioral restraint techniques.(b)Annually, at or before the beginning of the academic year, a local educational agency shall inform all school personnel and parents of pupils of the policies pertaining to the use of physical restraint and seclusion, the intent to emphasize the use of positive behavioral interventions and supports, and the intent to avoid the use of physical restraint or seclusion to address targeted pupil behavior.(c)Following an incident of physical restraint or seclusion, a local educational agency shall provide the parent of the pupil physically restrained or secluded with all of the following:(1)Verbal or electronic notification of the incident involving physical restraint or seclusion by the end of the schoolday when the incident occurred.(2)A behavioral emergency report of the incident within 24 hours of the incident. The behavioral emergency report shall be maintained in the pupils file and shall include all of the following:(A)The name, age, and grade of the pupil physically restrained or secluded.(B)A description of the physical restraint or seclusion, including the date of the physical restraint or seclusion, the times when the physical restraint or seclusion began and ended, and the location of the physical restraint or seclusion.(C)A description of the pupils activity that prompted the use of physical restraint or seclusion.(D)The efforts used to deescalate the situation, the alternatives to physical restraint or seclusion that were attempted, and whether the pupil has a behavioral intervention plan.(E)The names of the educational providers who administered or were involved in the use of physical restraint or seclusion.(F)A description of the emergency behavioral intervention training status of the educational providers who used physical restraint or seclusion.(G)Details of any injuries sustained by the pupil or others, including staff, as a result of the incident involving the use of physical restraint or seclusion.(3)Timely notification of a debriefing meeting to be held as provided by subdivision (d) and of a parents right to attend the meeting. For pupils with exceptional needs, a written notification that complies with the followup procedures described in subdivisions (g) and (h) of Section 56521.1 satisfies the requirements of this subdivision.(d)(1)A debriefing meeting related to the use of physical restraint or seclusion shall be held within two schooldays of the incident and shall include parents of the pupil, educational providers who were involved in the use of physical restraint or seclusion, and any other appropriate staff. The purpose of the debriefing meeting is to review the behavioral emergency report and consider behavioral strategies and supports, including, but not limited to, a functional behavioral assessment and a behavioral intervention plan.(2)The local educational agency shall have written notes taken of the debriefing meeting, and a copy of the written notes shall be provided to a parent of the pupil.(3)An individualized education program meeting held pursuant to subdivisions (g) and (h) of Section 56521.1 for individuals with exceptional needs satisfies the requirements of this subdivision.(e)A local educational agency shall develop and adopt procedures to review behavioral emergency reports on a quarterly basis to determine if certain staff, classrooms, or schoolsites are inappropriately or excessively using seclusion or physical restraint and if any individual pupils are subjected to disproportionate rates of restraint and seclusion. A local educational agency shall annually review data to identify trends in the use of seclusion or physical restraint.(f)If serious bodily injury or death of a pupil occurs in relation to the use of physical restraint or seclusion, a local educational agency or nonpublic school or agency shall provide written notification of the injury or death to the department, the appropriate local child or adult protective services agency, and the protection and advocacy agency, as defined in subdivision (i) of Section 4900 of the Welfare and Institutions Code, within 24 hours of the injury or death.(g)A local educational agency shall maintain a record of each incident in which an injury or death occurs in relation to the use of physical restraint or seclusion.SEC. 6.Section 49005.8 of the Education Code is amended to read:49005.8.(a)An educational provider shall not do any of the following:(1)Use seclusion or a behavioral restraint for purposes of coercion, discipline, convenience, or retaliation.(2)Use locked seclusion, unless it is in a facility otherwise licensed or permitted by state law to use a locked room.(3)Use a physical restraint technique that obstructs a pupils respiratory airway or impairs the pupils breathing or respiratory capacity, including techniques in which a staff member places pressure on a pupils back or places the staff members body weight against the pupils torso or back.(4)Use a behavioral restraint technique that restricts breathing, including, but not limited to, using a pillow, blanket, carpet, mat, or other item to cover a pupils face.(5)Use prone restraint.(6)Use a behavioral restraint for longer than is necessary to contain the behavior that poses a clear and present danger of serious physical harm to the pupil or others.(7)Authorize, or require a parent to consent to, the use of physical restraint or seclusion as a planned intervention in a pupils behavioral intervention plan or individualized education program, as defined in Section 1401 of Title 20 of the United States Code.(8)Use chemical restraint.(9)Use mechanical restraint.(b)An educational provider shall keep constant, direct observation of a pupil who is in seclusion, which may be through observation of the pupil through a window, or another barrier, through which the educational provider is able to make direct eye contact with the pupil. The observation required pursuant to this subdivision shall not be through indirect means, including through a security camera or a closed-circuit television.(c)An educational provider shall afford to pupils who are restrained the least restrictive alternative and the maximum freedom of movement, and shall use the least number of restraint points, while ensuring the physical safety of the pupil and others.(d)An educational provider shall observe the pupil for any signs of physical distress throughout the use of a behavioral restraint. Whenever possible, the educational provider monitoring the pupil shall not be involved in restraining the pupil.(e)If behavioral restraint or seclusion continues for more than 20 minutes, all of the following shall occur:(1)The pupil shall be provided with adequate access to the bathroom and water every 30 minutes.(2)An educational provider shall immediately attempt to verbally and electronically notify the pupils parent. If the pupil is over 18 years of age, the educational provider shall immediately attempt to verbally and electronically notify the pupils emergency contacts.(3)After the first 20 minutes of the physical restraint or seclusion, and every 10 minutes thereafter, a schoolsite administrator shall provide written authorization for the continuation of the physical restraint or seclusion, including documenting the reason the physical restraint or seclusion will continue.SEC. 7.Section 49005.9 is added to the Education Code, to read:49005.9.A local educational agency shall not contract with an out-of-state nonpublic school or agency for services for a pupil, unless the contract includes a provision requiring the out-of-state nonpublic school or agency to comply with this article in the same manner as would be required of a nonpublic school or agency located in the state.SEC. 8.Section 49006 of the Education Code is amended to read:49006.(a)A local educational agency that meets the definition of a local educational agency specified in Section 300.28 of Title 34 of the Code of Federal Regulations, and nonpublic schools or agencies, shall collect and, no later than three months after the end of a school year, report to the department annually on the use of behavioral restraints and seclusion for pupils enrolled in or served by the local educational agency or nonpublic school or agency for all or part of the prior school year.(b)The report required pursuant to subdivision (a) shall include all of the following information, disaggregated by race or ethnicity, age, grade, economic disadvantage, migrant status, English proficiency status, and gender:(1)The number of pupils subjected to mechanical restraint, with separate counts for pupils with a plan pursuant to Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794), pupils with an individualized education program, and pupils who do not have a plan pursuant to Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794) or an individualized education program.(2)The number of pupils subjected to physical restraint, with separate counts for pupils with a plan pursuant to Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794), pupils with an individualized education program, and pupils who do not have a plan pursuant to Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794) or an individualized education program.(3)The number of pupils subjected to seclusion, with separate counts for pupils with a plan pursuant to Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794), pupils with an individualized education program, and pupils who do not have a plan pursuant to Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794) or an individualized education program.(4)The number of times mechanical restraint was used on pupils, with separate counts for the number of times mechanical restraint was used on pupils with a plan pursuant to Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794), pupils with an individualized education program, and pupils who do not have a plan pursuant to Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794) or an individualized education program.(5)The number of times physical restraint was used on pupils, with separate counts for the number of times physical restraint was used on pupils with a plan pursuant to Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794), pupils with an individualized education program, and pupils who do not have a plan pursuant to Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794) or an individualized education program.(6)The number of times seclusion was used on pupils, with separate counts for the number of times seclusion was used on pupils with a plan pursuant to Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794), pupils with an individualized education program, and pupils who do not have a plan pursuant to Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794) or an individualized education program.(c)Notwithstanding any other law, the data collected and reported pursuant to this section shall be available as a public record pursuant to Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code.(d)No later than three months after the report is due to the department pursuant to subdivision (a), the department shall post the data from the report annually on its internet website.SEC. 9.Section 49006.5 is added to the Education Code, to read:49006.5.An individual or an organization may file a complaint of noncompliance with the requirements of this article directly with the department.SEC. 10.Section 56521.1 of the Education Code is amended to read:56521.1.(a)Emergency interventions may only be used to control unpredictable, spontaneous behavior that poses a clear and present danger of serious physical harm to the individual with exceptional needs, or others, and that cannot be immediately prevented by a response less restrictive than the temporary application of a technique used to contain the behavior.(b)Emergency interventions shall not be used as a substitute for the systematic behavioral intervention plan that is designed to change, replace, modify, or eliminate a targeted behavior.(c)No emergency intervention shall be employed for longer than is necessary to contain the behavior. A situation that requires prolonged use of an emergency intervention shall require the staff to seek assistance of the schoolsite administrator or law enforcement agency, as applicable to the situation.(d)Emergency interventions shall not include:(1)Locked seclusion, unless it is in a facility otherwise licensed or permitted by state law to use a locked room.(2)Employment of a device, material, or objects that simultaneously immobilize all four extremities, except that techniques such as prone containment may be used as an emergency intervention by staff trained in those procedures.(3)An amount of force that exceeds that which is reasonable and necessary under the circumstances.(e)To prevent emergency interventions from being used in lieu of planned, systematic behavioral interventions, the parent, guardian, and residential care provider, if appropriate, shall be notified by the end of the schoolday if an emergency intervention is used or serious property damage occurs, as required by subdivision (c) of Section 49005.6. A behavioral emergency report shall be completed within 24 hours of the use of an emergency intervention or seclusion and maintained in the file of the individual with exceptional needs. The behavioral emergency report shall comply with the requirements of paragraph (2) of subdivision (c) of Section 49005.6.(f)All behavioral emergency reports shall immediately be forwarded to, and reviewed by, a designated responsible administrator.(g)If a behavioral emergency report is written regarding an individual with exceptional needs who does not have a behavioral intervention plan, the designated responsible administrator shall, within two days, schedule an individualized education program (IEP) team meeting to review the emergency report, to determine the necessity for a functional behavioral assessment, and to determine the necessity for an interim plan. The IEP team shall document the reasons for not conducting the functional behavioral assessment, not developing an interim plan, or both.(h)If a behavioral emergency report is written regarding an individual with exceptional needs who has a positive behavioral intervention plan, an incident involving a previously unseen serious behavior problem, or where a previously designed intervention is ineffective, shall be referred to the IEP team to review and determine if the incident constitutes a need to modify the positive behavioral intervention plan.SEC. 11.Section 56521.2 of the Education Code is amended to read:56521.2.(a)A local educational agency or nonpublic, nonsectarian school or agency serving individuals with exceptional needs pursuant to Sections 56365 and 56366, shall not authorize, order, consent to, or pay for the following interventions, or any other interventions similar to or like the following:(1)Any intervention that is designed to, or likely to, cause physical pain, including, but not limited to, electric shock.(2)An intervention that involves the release of noxious, toxic, or otherwise unpleasant sprays, mists, or substances in proximity to the face of the individual.(3)An intervention that denies adequate sleep, food, water, shelter, bedding, physical comfort, or access to bathroom facilities.(4)An intervention that is designed to subject, used to subject, or likely to subject the individual to verbal abuse, ridicule, or humiliation, or that can be expected to cause excessive emotional trauma.(5)Restrictive interventions that employ a device, material, or objects that simultaneously immobilize all four extremities, including the procedure known as prone containment.(6)Locked seclusion, unless it is in a facility otherwise licensed or permitted by state law to use a locked room.(7)An intervention that precludes adequate supervision of the individual.(8)An intervention that deprives the individual of one or more of the individuals senses.(b)In the case of a child whose behavior impedes the childs learning or that of others, the individualized education program team shall consider the use of positive behavioral interventions and supports, and other strategies, to address that behavior, consistent with Section 1414(d)(3)(B)(i) and (d)(4) of Title 20 of the United States Code and associated federal regulations.SEC. 12.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. |
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| 41 | | - | The people of the State of California do enact as follows:SECTION 1. Article 5.3 (commencing with Section 49007) is added to Chapter 6 of Part 27 of Division 4 of Title 2 of the Education Code, to read: Article 5.3. Pupil and Staff Safety Pilot Program49007. (a) The Pupil and Staff Safety Pilot Program is hereby established under the administration of established, to be administered through the Scale Up MTSS Statewide (SUMS) project established in Section 57 of Chapter 13 of the Statutes of 2015, in consultation with the department.(b)County offices of education may apply to the department for pilot program grants. Moneys from those grants shall be awarded to local educational agencies that voluntarily apply for those funds(b) Local educational agencies may apply for pilot program funds for the purpose of training staff who have contact or interaction with pupils on deescalation techniques and alternatives to physical restraint and seclusion of pupils.(c) In awarding pilot program funds, priority shall be given to local educational agencies with a higher rate of seclusion or restraint of pupils or a significant disproportionality in pupil discipline, as demonstrated by data submitted to the department as required by state or federal law.(c)(d) For purposes of this article, local educational agency includes a county office of education, a school district, or a charter school. school, the California School for the Deaf, or the California School for the Blind. Local educational agency also includes a consortium of local educational agencies.49007.2. (a) A local educational agency that provides training pursuant to the pilot program shall provide the training to staff who have contact or interaction with pupils. The training shall satisfy all of the following conditions:(1) It shall be conducted by persons licensed or certified in fields related to the evidence-based practices and interventions being taught.(2) It shall be taught in a manner consistent with the development and implementation of individualized education programs.(3) It shall be consistent with the requirements of Article 5.2 (commencing with Section 49005), relating to pupil discipline.(b) The content of the training shall include, but is not limited to, all of the following:(1) Positive behavioral intervention and supports, including collection, analysis, and use of data to inform, plan, and implement behavioral supports.(2) How to understand and address challenging behaviors, including evidence-based strategies for preventing those behaviors.(3) Evidence-based interventions for reducing and replacing challenging behaviors, including deescalation techniques.(c) (1)A local educational agency shall, once it expends its pilot program funds, report to the department administrator of the SUMS project on its implementation of the pilot program training. training and any available outcome data.(2)A local educational agency shall maintain written records of the training, and shall provide written verification of the training upon request. (d)Training provided as part of the pilot program may be provided in accordance with the states Multi-Tiered System of Support framework developed under the Scale Up MTSS Statewide (SUMS) project.(e)It is the intent of the Legislature that training provided as part of the pilot program incorporate, to the extent applicable, the elements of the proposed state-approved crisis intervention training program, as defined in paragraph (17) of Section 4 of House Resolution 7124, as introduced by the 115th Congress on November 14, 2018.49007.4. (a) Implementation of the pilot program pursuant to this article is contingent upon one-time funds being provided for its purposes. Those funds may include, but are not limited to, federal funds or an appropriation in the annual Budget Act or another statute.(b)The department shall do both of the following within six months of all pilot program funds being expended:(1)Using the reports provided pursuant to paragraph (1) of subdivision (c) of Section 49007.2, conduct and submit to the Legislature in compliance with Section 9795 of the Government Code an evaluation of the pilot program.(2)Notify the Secretary of State of the date the evaluation is due pursuant to paragraph (1) and the corresponding date this article will become inoperative pursuant to subdivision (c).(b) (1) By September 30 of each fiscal year until a local educational agency has fully expended its pilot program funds, the local educational agency shall submit a report to the Superintendent summarizing how the local educational agency used the pilot program funds in the prior fiscal year. Each annual report shall include all of the following:(A) A summary of the training conducted.(B) The number of local educational agencies, educators, and pupils served by the training.(C) A summary of any data that is available on outcomes resulting from the training conducted, which may include, but is not limited to, outcome data related to restraint and seclusion of pupils.(2) Once all pilot program funds are fully expended, the Superintendent shall submit a summary of the annual reports received pursuant to paragraph (1) to the appropriate fiscal and policy committees of the Legislature, the Department of Finance, the state board, and the Legislative Analysts Office.(c) This article shall remain in effect only until four years after the date the evaluation summary is due pursuant to paragraph (1) (2) of subdivision (b), and shall be repealed as of January 1 of the following year. |
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| 56 | + | The people of the State of California do enact as follows:SECTION 1. Article 5.3 (commencing with Section 49007) is added to Chapter 6 of Part 27 of Division 4 of Title 2 of the Education Code, to read: Article 5.3. Pupil and Staff Safety Pilot Program49007. (a) The Pupil and Staff Safety Pilot Program is hereby established under the administration of the department.(b) County offices of education may apply to the department for pilot program grants. Moneys from those grants shall be awarded to local educational agencies that voluntarily apply for those funds for the purpose of training staff who have contact or interaction with pupils on deescalation techniques and alternatives to physical restraint and seclusion of pupils.(c) For purposes of this article, local educational agency includes a county office of education, school district, or charter school.49007.2. (a) A local educational agency that provides training pursuant to the pilot program shall provide the training to staff who have contact or interaction with pupils. The training shall satisfy all of the following conditions:(1) It shall be conducted by persons licensed or certified in fields related to the evidence-based practices and interventions being taught.(2) It shall be taught in a manner consistent with the development and implementation of individualized education programs.(3) It shall be consistent with the requirements of Article 5.2 (commencing with Section 49005), relating to pupil discipline.(b) The content of the training shall include, but is not limited to, all of the following:(1) Positive behavioral intervention and supports, including collection, analysis, and use of data to inform, plan, and implement behavioral supports.(2) How to understand and address challenging behaviors, including evidence-based strategies for preventing those behaviors.(3) Evidence-based interventions for reducing and replacing challenging behaviors, including deescalation techniques.(c) (1) A local educational agency shall, once it expends its pilot program funds, report to the department on its implementation of the pilot program training.(2) A local educational agency shall maintain written records of the training, and shall provide written verification of the training upon request. (d) Training provided as part of the pilot program may be provided in accordance with the states Multi-Tiered System of Support framework developed under the Scale Up MTSS Statewide (SUMS) project.(e) It is the intent of the Legislature that training provided as part of the pilot program incorporate, to the extent applicable, the elements of the proposed state-approved crisis intervention training program, as defined in paragraph (17) of Section 4 of House Resolution 7124, as introduced by the 115th Congress on November 14, 2018.49007.4. (a) Implementation of the pilot program pursuant to this article is contingent upon funds being provided for its purposes. Those funds may include, but are not limited to, federal funds or an appropriation in the annual Budget Act or another statute.(b) The department shall do both of the following within six months of all pilot program funds being expended:(1) Using the reports provided pursuant to paragraph (1) of subdivision (c) of Section 49007.2, conduct and submit to the Legislature in compliance with Section 9795 of the Government Code an evaluation of the pilot program.(2) Notify the Secretary of State of the date the evaluation is due pursuant to paragraph (1) and the corresponding date this article will become inoperative pursuant to subdivision (c).(c) This article shall remain in effect only until four years after the date the evaluation is due pursuant to paragraph (1) of subdivision (b), and shall be repealed as of January 1 of the following year.SECTION 1.Section 49005 of the Education Code is amended to read:49005.The Legislature finds and declares all of the following:(a)While it is appropriate to intervene in an emergency to prevent a pupil from imminent risk of serious physical self-harm or harm of others, restraint and seclusion are dangerous interventions, with certain known practices posing a great risk to child health and safety.(b)United States Department of Education guidelines specify that the use of restraint and seclusion must be consistent with the pupils right to be treated with dignity and to be free from abuse.(c)Restraint and seclusion should only be used as a safety measure of last resort, and should never be used as punishment or discipline or for staff convenience.(d)Restraint and seclusion may cause serious injury or long lasting trauma and death, even when done safely and correctly.(e)There is no evidence that restraint or seclusion is effective in reducing the problem behaviors that frequently precipitate the use of those techniques.(f)Pupils with disabilities and pupils of color, especially African American boys, are disproportionately subject to restraint and seclusion.(g)Well-established California law already regulates restraint techniques in a number of settings, including general acute care hospitals, acute psychiatric hospitals, psychiatric health facilities, crisis stabilization units, community treatment facilities, group homes, skilled nursing facilities, intermediate care facilities, community care facilities, and mental health rehabilitation centers. These minimal protections should be provided to all pupils in schools.(h)It is the intent of the Legislature to ensure that schools foster learning in a safe and healthy environment and provide adequate safeguards to prevent harm, and even death, to pupils in school.(i)This article is intended to be read to be consistent with, and does not change any requirements, limitations, or protections in, existing law pertaining to pupils with exceptional needs.(j)It is the intent of the Legislature to prohibit dangerous practices. Restraint and seclusion, as described in this article, do not further a pupils education. At the same time, the Legislature recognizes that if an emergency situation arises, the ability of education personnel to act in that emergency to safeguard a pupil or others from imminent physical harm should not be restricted.SEC. 2.Section 49005.1 of the Education Code is amended to read:49005.1.The following definitions apply to this article:(a)Behavioral intervention plan means a plan that details strategies to address behaviors that impede learning, or are ongoing, and do not readily respond to general intervention or classroom management techniques, by teaching pupils prosocial skills and other positive replacement behaviors. The plan may include, but is not limited to, positive strategies, program or curricular modifications, and supplementary aids and supports required to address problem behaviors.(b)Behavioral restraint means chemical restraint, mechanical restraint, or physical restraint, as defined in this section, used as an intervention when a pupil presents an immediate danger to self or to others. Behavioral restraint does not include postural restraints or devices used to improve a pupils mobility and independent functioning rather than to restrict movement.(c)(1)Chemical restraint means a drug or medication that is used on a pupil to control behavior or restrict freedom of movement.(2)Chemical restraint does not include medication that is prescribed by a licensed physician or other qualified health professional acting under the professionals scope of practice for standard treatment of a pupils medical or psychiatric condition.(3)Chemical restraint does not include medication administered as prescribed by a licensed physician or other qualified health professional acting under the professionals scope of practice.(d)Educational provider means a person who provides educational or related services, support, or other assistance to a pupil enrolled in an educational program provided by a local educational agency or a nonpublic school or agency.(e)Functional behavioral assessment means the analysis of a pupils behavior patterns before, during, and after rulebreaking or other inappropriate behavior by the pupil, for the purpose of guiding the development of a behavioral intervention plan.(f)Local educational agency means a school district, county office of education, charter school, the California Schools for the Deaf, and the California School for the Blind.(g)(1)Mechanical restraint means the use of a device or equipment to restrict a pupils freedom of movement.(2)(A)Mechanical restraint does not include the use of devices by peace officers or security personnel for detention or for public safety purposes.(B)Mechanical restraint does not include the use of devices by trained school personnel, or by a pupil, prescribed by an appropriate medical or related services professional, if the device is used for the specific and approved purpose for which the device or equipment was prescribed, which shall include, but not be limited to, all of the following:(i)Adaptive devices or mechanical supports used to achieve proper body position, balance, or alignment to allow greater freedom of mobility than would be possible without the use of such devices or mechanical supports.(ii)Vehicle safety restraints when used as intended during the transport of a pupil in a moving vehicle.(iii)Restraints for medical immobilization.(iv)Orthopedically prescribed devices that permit a pupil to participate in activities without risk of harm.(h)Nonpublic school or agency means any nonpublic school or nonpublic agency, including both in-state and out-of-state nonpublic schools and nonpublic agencies.(i)Parent means a biological parent, stepparent, adoptive parent, foster parent, caretaker relative, or any other adult living with a child who has responsibility for the care and welfare of a minor pupil. If a pupil has attained 18 years of age, the rights of parents under this article shall be accorded to the pupil.(j)(1)Physical restraint means a personal restriction that immobilizes or reduces the ability of a pupil to move the pupils torso, arms, legs, or head freely. Physical restraint does not include a physical escort, which means a temporary touching or holding of the hand, wrist, arm, shoulder, or back for the purpose of inducing a pupil who is acting out to walk to a safe location.(2)Physical restraint does not include the use of force by peace officers or security personnel for detention or for public safety purposes.(k)(1)Positive behavioral interventions and supports means a schoolwide, systematic approach to embed evidence-based practices and data-driven decisionmaking to improve school climate and culture in order to achieve improved academic and social outcomes and increase learning for all pupils, including for pupils with the most complex and intensive behavioral needs.(2)Positive behavioral interventions and supports encompasses a range of systemic and individualized positive strategies to reinforce desired behaviors, diminish reoccurrence of challenging behaviors, and teach appropriate behaviors to pupils.(l)Prone restraint means the application of a behavioral restraint on a pupil in a facedown position.(m)Pupil means a pupil enrolled in preschool, kindergarten, or any of grades 1 to 12, inclusive, and receiving educational services from an educational provider.(n)Seclusion means the involuntary confinement of a pupil alone in a room or area from which the pupil is physically prevented from leaving. Seclusion does not include a timeout, which is a behavior management technique that is part of an approved program, that involves the monitored separation of the pupil in a nonlocked setting, and is implemented for the purpose of calming.SEC. 3.Section 49005.4 of the Education Code is amended to read:49005.4.(a)An educational provider may use seclusion or a behavioral restraint only to control unpredictable and spontaneous behavior that poses a clear and present danger of serious physical harm to the pupil or others that cannot be immediately prevented by a response that is less restrictive.(b)If behavioral restraint or seclusion is used on a pupil, the behavioral restraint or seclusion shall be used only for as long as the pupils behavior poses a clear and present danger of serious physical harm to the pupil or others.(c)This section is not an exception to Section 49005.8.SEC. 4.Section 49005.5 is added to the Education Code, to read:49005.5.(a)Local educational agencies and nonpublic schools and agencies shall implement positive behavioral intervention and supports on all schoolsites in order to establish schoolwide behavioral practices that minimize and prevent problem behaviors for all pupils and reduce the risk that pupils will be subjected to behavioral restraint or seclusion.(b)An educational provider shall not use seclusion or a behavioral restraint before receiving emergency behavioral intervention training that has been approved by the department.(c)(1)The department shall maintain a directory of recommended emergency behavioral intervention training programs that include, but are not limited to, all of the following elements:(A)Identification of the behaviors that indicate a pupils need for a functional behavioral assessment and a behavioral intervention plan, and the appropriate procedures for referring a pupil for a functional behavioral assessment and implementing a pupils behavioral intervention plan.(B)Appropriate procedures for preventing the need for seclusion or a behavioral restraint, including the deescalation of dangerous behavior, relationship building, and the use of alternatives to seclusion and restraint.(C)Identification of dangerous behaviors that may indicate the need for seclusion or physical restraint and methods for evaluating the risk of harm to determine if seclusion or physical restraint is warranted.(D)Simulated experience in administering and receiving a variety of physical restraint techniques across a range of increasingly restrictive interventions.(E)Instruction regarding the effects of physical restraint on the person restrained, including how to monitor physical signs of distress and how to obtain medical assistance.(F)Instruction on the investigation of injuries and complaints relating to seclusion or behavioral restraint.(2)A local educational agency or nonpublic school or agency may use a training program that is not in the department directory if it submits a plan to the department that demonstrates how the training program meets the purposes of this section and contains the elements listed above, and the local educational agency or nonpublic school or agency receives written approval from the department for the training program.(d)The department shall establish minimum standards for any rooms used by a local educational agency or nonpublic school or agency for seclusion of a pupil. The standards shall meet both of the following requirements:(1)Take into account the health and safety of pupils and school personnel and the respect and dignity of pupils.(2)Include consideration of the size, safety features, lighting, and ventilation of the room or area used for purposes of seclusion.SEC. 5.Section 49005.6 of the Education Code is amended to read:49005.6.(a)An educational provider shall avoid, whenever possible, the use of seclusion or behavioral restraint techniques.(b)Annually, at or before the beginning of the academic year, a local educational agency shall inform all school personnel and parents of pupils of the policies pertaining to the use of physical restraint and seclusion, the intent to emphasize the use of positive behavioral interventions and supports, and the intent to avoid the use of physical restraint or seclusion to address targeted pupil behavior.(c)Following an incident of physical restraint or seclusion, a local educational agency shall provide the parent of the pupil physically restrained or secluded with all of the following:(1)Verbal or electronic notification of the incident involving physical restraint or seclusion by the end of the schoolday when the incident occurred.(2)A behavioral emergency report of the incident within 24 hours of the incident. The behavioral emergency report shall be maintained in the pupils file and shall include all of the following:(A)The name, age, and grade of the pupil physically restrained or secluded.(B)A description of the physical restraint or seclusion, including the date of the physical restraint or seclusion, the times when the physical restraint or seclusion began and ended, and the location of the physical restraint or seclusion.(C)A description of the pupils activity that prompted the use of physical restraint or seclusion.(D)The efforts used to deescalate the situation, the alternatives to physical restraint or seclusion that were attempted, and whether the pupil has a behavioral intervention plan.(E)The names of the educational providers who administered or were involved in the use of physical restraint or seclusion.(F)A description of the emergency behavioral intervention training status of the educational providers who used physical restraint or seclusion.(G)Details of any injuries sustained by the pupil or others, including staff, as a result of the incident involving the use of physical restraint or seclusion.(3)Timely notification of a debriefing meeting to be held as provided by subdivision (d) and of a parents right to attend the meeting. For pupils with exceptional needs, a written notification that complies with the followup procedures described in subdivisions (g) and (h) of Section 56521.1 satisfies the requirements of this subdivision.(d)(1)A debriefing meeting related to the use of physical restraint or seclusion shall be held within two schooldays of the incident and shall include parents of the pupil, educational providers who were involved in the use of physical restraint or seclusion, and any other appropriate staff. The purpose of the debriefing meeting is to review the behavioral emergency report and consider behavioral strategies and supports, including, but not limited to, a functional behavioral assessment and a behavioral intervention plan.(2)The local educational agency shall have written notes taken of the debriefing meeting, and a copy of the written notes shall be provided to a parent of the pupil.(3)An individualized education program meeting held pursuant to subdivisions (g) and (h) of Section 56521.1 for individuals with exceptional needs satisfies the requirements of this subdivision.(e)A local educational agency shall develop and adopt procedures to review behavioral emergency reports on a quarterly basis to determine if certain staff, classrooms, or schoolsites are inappropriately or excessively using seclusion or physical restraint and if any individual pupils are subjected to disproportionate rates of restraint and seclusion. A local educational agency shall annually review data to identify trends in the use of seclusion or physical restraint.(f)If serious bodily injury or death of a pupil occurs in relation to the use of physical restraint or seclusion, a local educational agency or nonpublic school or agency shall provide written notification of the injury or death to the department, the appropriate local child or adult protective services agency, and the protection and advocacy agency, as defined in subdivision (i) of Section 4900 of the Welfare and Institutions Code, within 24 hours of the injury or death.(g)A local educational agency shall maintain a record of each incident in which an injury or death occurs in relation to the use of physical restraint or seclusion.SEC. 6.Section 49005.8 of the Education Code is amended to read:49005.8.(a)An educational provider shall not do any of the following:(1)Use seclusion or a behavioral restraint for purposes of coercion, discipline, convenience, or retaliation.(2)Use locked seclusion, unless it is in a facility otherwise licensed or permitted by state law to use a locked room.(3)Use a physical restraint technique that obstructs a pupils respiratory airway or impairs the pupils breathing or respiratory capacity, including techniques in which a staff member places pressure on a pupils back or places the staff members body weight against the pupils torso or back.(4)Use a behavioral restraint technique that restricts breathing, including, but not limited to, using a pillow, blanket, carpet, mat, or other item to cover a pupils face.(5)Use prone restraint.(6)Use a behavioral restraint for longer than is necessary to contain the behavior that poses a clear and present danger of serious physical harm to the pupil or others.(7)Authorize, or require a parent to consent to, the use of physical restraint or seclusion as a planned intervention in a pupils behavioral intervention plan or individualized education program, as defined in Section 1401 of Title 20 of the United States Code.(8)Use chemical restraint.(9)Use mechanical restraint.(b)An educational provider shall keep constant, direct observation of a pupil who is in seclusion, which may be through observation of the pupil through a window, or another barrier, through which the educational provider is able to make direct eye contact with the pupil. The observation required pursuant to this subdivision shall not be through indirect means, including through a security camera or a closed-circuit television.(c)An educational provider shall afford to pupils who are restrained the least restrictive alternative and the maximum freedom of movement, and shall use the least number of restraint points, while ensuring the physical safety of the pupil and others.(d)An educational provider shall observe the pupil for any signs of physical distress throughout the use of a behavioral restraint. Whenever possible, the educational provider monitoring the pupil shall not be involved in restraining the pupil.(e)If behavioral restraint or seclusion continues for more than 20 minutes, all of the following shall occur:(1)The pupil shall be provided with adequate access to the bathroom and water every 30 minutes.(2)An educational provider shall immediately attempt to verbally and electronically notify the pupils parent. If the pupil is over 18 years of age, the educational provider shall immediately attempt to verbally and electronically notify the pupils emergency contacts.(3)After the first 20 minutes of the physical restraint or seclusion, and every 10 minutes thereafter, a schoolsite administrator shall provide written authorization for the continuation of the physical restraint or seclusion, including documenting the reason the physical restraint or seclusion will continue.SEC. 7.Section 49005.9 is added to the Education Code, to read:49005.9.A local educational agency shall not contract with an out-of-state nonpublic school or agency for services for a pupil, unless the contract includes a provision requiring the out-of-state nonpublic school or agency to comply with this article in the same manner as would be required of a nonpublic school or agency located in the state.SEC. 8.Section 49006 of the Education Code is amended to read:49006.(a)A local educational agency that meets the definition of a local educational agency specified in Section 300.28 of Title 34 of the Code of Federal Regulations, and nonpublic schools or agencies, shall collect and, no later than three months after the end of a school year, report to the department annually on the use of behavioral restraints and seclusion for pupils enrolled in or served by the local educational agency or nonpublic school or agency for all or part of the prior school year.(b)The report required pursuant to subdivision (a) shall include all of the following information, disaggregated by race or ethnicity, age, grade, economic disadvantage, migrant status, English proficiency status, and gender:(1)The number of pupils subjected to mechanical restraint, with separate counts for pupils with a plan pursuant to Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794), pupils with an individualized education program, and pupils who do not have a plan pursuant to Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794) or an individualized education program.(2)The number of pupils subjected to physical restraint, with separate counts for pupils with a plan pursuant to Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794), pupils with an individualized education program, and pupils who do not have a plan pursuant to Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794) or an individualized education program.(3)The number of pupils subjected to seclusion, with separate counts for pupils with a plan pursuant to Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794), pupils with an individualized education program, and pupils who do not have a plan pursuant to Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794) or an individualized education program.(4)The number of times mechanical restraint was used on pupils, with separate counts for the number of times mechanical restraint was used on pupils with a plan pursuant to Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794), pupils with an individualized education program, and pupils who do not have a plan pursuant to Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794) or an individualized education program.(5)The number of times physical restraint was used on pupils, with separate counts for the number of times physical restraint was used on pupils with a plan pursuant to Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794), pupils with an individualized education program, and pupils who do not have a plan pursuant to Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794) or an individualized education program.(6)The number of times seclusion was used on pupils, with separate counts for the number of times seclusion was used on pupils with a plan pursuant to Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794), pupils with an individualized education program, and pupils who do not have a plan pursuant to Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794) or an individualized education program.(c)Notwithstanding any other law, the data collected and reported pursuant to this section shall be available as a public record pursuant to Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code.(d)No later than three months after the report is due to the department pursuant to subdivision (a), the department shall post the data from the report annually on its internet website.SEC. 9.Section 49006.5 is added to the Education Code, to read:49006.5.An individual or an organization may file a complaint of noncompliance with the requirements of this article directly with the department.SEC. 10.Section 56521.1 of the Education Code is amended to read:56521.1.(a)Emergency interventions may only be used to control unpredictable, spontaneous behavior that poses a clear and present danger of serious physical harm to the individual with exceptional needs, or others, and that cannot be immediately prevented by a response less restrictive than the temporary application of a technique used to contain the behavior.(b)Emergency interventions shall not be used as a substitute for the systematic behavioral intervention plan that is designed to change, replace, modify, or eliminate a targeted behavior.(c)No emergency intervention shall be employed for longer than is necessary to contain the behavior. A situation that requires prolonged use of an emergency intervention shall require the staff to seek assistance of the schoolsite administrator or law enforcement agency, as applicable to the situation.(d)Emergency interventions shall not include:(1)Locked seclusion, unless it is in a facility otherwise licensed or permitted by state law to use a locked room.(2)Employment of a device, material, or objects that simultaneously immobilize all four extremities, except that techniques such as prone containment may be used as an emergency intervention by staff trained in those procedures.(3)An amount of force that exceeds that which is reasonable and necessary under the circumstances.(e)To prevent emergency interventions from being used in lieu of planned, systematic behavioral interventions, the parent, guardian, and residential care provider, if appropriate, shall be notified by the end of the schoolday if an emergency intervention is used or serious property damage occurs, as required by subdivision (c) of Section 49005.6. A behavioral emergency report shall be completed within 24 hours of the use of an emergency intervention or seclusion and maintained in the file of the individual with exceptional needs. The behavioral emergency report shall comply with the requirements of paragraph (2) of subdivision (c) of Section 49005.6.(f)All behavioral emergency reports shall immediately be forwarded to, and reviewed by, a designated responsible administrator.(g)If a behavioral emergency report is written regarding an individual with exceptional needs who does not have a behavioral intervention plan, the designated responsible administrator shall, within two days, schedule an individualized education program (IEP) team meeting to review the emergency report, to determine the necessity for a functional behavioral assessment, and to determine the necessity for an interim plan. The IEP team shall document the reasons for not conducting the functional behavioral assessment, not developing an interim plan, or both.(h)If a behavioral emergency report is written regarding an individual with exceptional needs who has a positive behavioral intervention plan, an incident involving a previously unseen serious behavior problem, or where a previously designed intervention is ineffective, shall be referred to the IEP team to review and determine if the incident constitutes a need to modify the positive behavioral intervention plan.SEC. 11.Section 56521.2 of the Education Code is amended to read:56521.2.(a)A local educational agency or nonpublic, nonsectarian school or agency serving individuals with exceptional needs pursuant to Sections 56365 and 56366, shall not authorize, order, consent to, or pay for the following interventions, or any other interventions similar to or like the following:(1)Any intervention that is designed to, or likely to, cause physical pain, including, but not limited to, electric shock.(2)An intervention that involves the release of noxious, toxic, or otherwise unpleasant sprays, mists, or substances in proximity to the face of the individual.(3)An intervention that denies adequate sleep, food, water, shelter, bedding, physical comfort, or access to bathroom facilities.(4)An intervention that is designed to subject, used to subject, or likely to subject the individual to verbal abuse, ridicule, or humiliation, or that can be expected to cause excessive emotional trauma.(5)Restrictive interventions that employ a device, material, or objects that simultaneously immobilize all four extremities, including the procedure known as prone containment.(6)Locked seclusion, unless it is in a facility otherwise licensed or permitted by state law to use a locked room.(7)An intervention that precludes adequate supervision of the individual.(8)An intervention that deprives the individual of one or more of the individuals senses.(b)In the case of a child whose behavior impedes the childs learning or that of others, the individualized education program team shall consider the use of positive behavioral interventions and supports, and other strategies, to address that behavior, consistent with Section 1414(d)(3)(B)(i) and (d)(4) of Title 20 of the United States Code and associated federal regulations.SEC. 12.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. |
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| 143 | | - | (c) This article shall remain in effect only until four years after the date the evaluation summary is due pursuant to paragraph (1) (2) of subdivision (b), and shall be repealed as of January 1 of the following year. |
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| 155 | + | |
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| 156 | + | (f)Pupils with disabilities and pupils of color, especially African American boys, are disproportionately subject to restraint and seclusion. |
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| 157 | + | |
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| 158 | + | |
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| 159 | + | |
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| 160 | + | (g)Well-established California law already regulates restraint techniques in a number of settings, including general acute care hospitals, acute psychiatric hospitals, psychiatric health facilities, crisis stabilization units, community treatment facilities, group homes, skilled nursing facilities, intermediate care facilities, community care facilities, and mental health rehabilitation centers. These minimal protections should be provided to all pupils in schools. |
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| 161 | + | |
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| 162 | + | |
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| 163 | + | |
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| 164 | + | (h)It is the intent of the Legislature to ensure that schools foster learning in a safe and healthy environment and provide adequate safeguards to prevent harm, and even death, to pupils in school. |
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| 165 | + | |
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| 166 | + | |
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| 167 | + | |
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| 168 | + | (i)This article is intended to be read to be consistent with, and does not change any requirements, limitations, or protections in, existing law pertaining to pupils with exceptional needs. |
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| 169 | + | |
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| 170 | + | |
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| 171 | + | |
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| 172 | + | (j)It is the intent of the Legislature to prohibit dangerous practices. Restraint and seclusion, as described in this article, do not further a pupils education. At the same time, the Legislature recognizes that if an emergency situation arises, the ability of education personnel to act in that emergency to safeguard a pupil or others from imminent physical harm should not be restricted. |
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| 173 | + | |
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| 174 | + | |
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| 175 | + | |
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| 176 | + | |
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| 177 | + | |
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| 178 | + | |
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| 179 | + | |
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| 180 | + | The following definitions apply to this article: |
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| 181 | + | |
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| 182 | + | |
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| 183 | + | |
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| 184 | + | (a)Behavioral intervention plan means a plan that details strategies to address behaviors that impede learning, or are ongoing, and do not readily respond to general intervention or classroom management techniques, by teaching pupils prosocial skills and other positive replacement behaviors. The plan may include, but is not limited to, positive strategies, program or curricular modifications, and supplementary aids and supports required to address problem behaviors. |
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| 185 | + | |
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| 186 | + | |
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| 187 | + | |
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| 188 | + | (b)Behavioral restraint means chemical restraint, mechanical restraint, or physical restraint, as defined in this section, used as an intervention when a pupil presents an immediate danger to self or to others. Behavioral restraint does not include postural restraints or devices used to improve a pupils mobility and independent functioning rather than to restrict movement. |
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| 189 | + | |
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| 190 | + | |
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| 191 | + | |
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| 192 | + | (c)(1)Chemical restraint means a drug or medication that is used on a pupil to control behavior or restrict freedom of movement. |
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| 193 | + | |
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| 194 | + | |
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| 195 | + | |
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| 196 | + | (2)Chemical restraint does not include medication that is prescribed by a licensed physician or other qualified health professional acting under the professionals scope of practice for standard treatment of a pupils medical or psychiatric condition. |
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| 197 | + | |
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| 198 | + | |
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| 199 | + | |
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| 200 | + | (3)Chemical restraint does not include medication administered as prescribed by a licensed physician or other qualified health professional acting under the professionals scope of practice. |
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| 201 | + | |
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| 202 | + | |
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| 203 | + | |
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| 204 | + | (d)Educational provider means a person who provides educational or related services, support, or other assistance to a pupil enrolled in an educational program provided by a local educational agency or a nonpublic school or agency. |
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| 205 | + | |
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| 206 | + | |
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| 207 | + | |
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| 208 | + | (e)Functional behavioral assessment means the analysis of a pupils behavior patterns before, during, and after rulebreaking or other inappropriate behavior by the pupil, for the purpose of guiding the development of a behavioral intervention plan. |
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| 209 | + | |
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| 210 | + | |
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| 211 | + | |
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| 212 | + | (f)Local educational agency means a school district, county office of education, charter school, the California Schools for the Deaf, and the California School for the Blind. |
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| 213 | + | |
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| 214 | + | |
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| 215 | + | |
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| 216 | + | (g)(1)Mechanical restraint means the use of a device or equipment to restrict a pupils freedom of movement. |
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| 217 | + | |
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| 218 | + | |
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| 219 | + | |
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| 220 | + | (2)(A)Mechanical restraint does not include the use of devices by peace officers or security personnel for detention or for public safety purposes. |
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| 221 | + | |
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| 222 | + | |
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| 223 | + | |
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| 224 | + | (B)Mechanical restraint does not include the use of devices by trained school personnel, or by a pupil, prescribed by an appropriate medical or related services professional, if the device is used for the specific and approved purpose for which the device or equipment was prescribed, which shall include, but not be limited to, all of the following: |
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| 225 | + | |
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| 226 | + | |
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| 227 | + | |
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| 228 | + | (i)Adaptive devices or mechanical supports used to achieve proper body position, balance, or alignment to allow greater freedom of mobility than would be possible without the use of such devices or mechanical supports. |
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| 229 | + | |
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| 230 | + | |
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| 231 | + | |
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| 232 | + | (ii)Vehicle safety restraints when used as intended during the transport of a pupil in a moving vehicle. |
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| 233 | + | |
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| 234 | + | |
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| 235 | + | |
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| 236 | + | (iii)Restraints for medical immobilization. |
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| 237 | + | |
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| 238 | + | |
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| 239 | + | |
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| 240 | + | (iv)Orthopedically prescribed devices that permit a pupil to participate in activities without risk of harm. |
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| 241 | + | |
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| 242 | + | |
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| 243 | + | |
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| 244 | + | (h)Nonpublic school or agency means any nonpublic school or nonpublic agency, including both in-state and out-of-state nonpublic schools and nonpublic agencies. |
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| 245 | + | |
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| 246 | + | |
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| 247 | + | |
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| 248 | + | (i)Parent means a biological parent, stepparent, adoptive parent, foster parent, caretaker relative, or any other adult living with a child who has responsibility for the care and welfare of a minor pupil. If a pupil has attained 18 years of age, the rights of parents under this article shall be accorded to the pupil. |
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| 249 | + | |
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| 250 | + | |
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| 251 | + | |
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| 252 | + | (j)(1)Physical restraint means a personal restriction that immobilizes or reduces the ability of a pupil to move the pupils torso, arms, legs, or head freely. Physical restraint does not include a physical escort, which means a temporary touching or holding of the hand, wrist, arm, shoulder, or back for the purpose of inducing a pupil who is acting out to walk to a safe location. |
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| 253 | + | |
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| 254 | + | |
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| 255 | + | |
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| 256 | + | (2)Physical restraint does not include the use of force by peace officers or security personnel for detention or for public safety purposes. |
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| 257 | + | |
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| 258 | + | |
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| 259 | + | |
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| 260 | + | (k)(1)Positive behavioral interventions and supports means a schoolwide, systematic approach to embed evidence-based practices and data-driven decisionmaking to improve school climate and culture in order to achieve improved academic and social outcomes and increase learning for all pupils, including for pupils with the most complex and intensive behavioral needs. |
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| 261 | + | |
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| 262 | + | |
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| 263 | + | |
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| 264 | + | (2)Positive behavioral interventions and supports encompasses a range of systemic and individualized positive strategies to reinforce desired behaviors, diminish reoccurrence of challenging behaviors, and teach appropriate behaviors to pupils. |
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| 265 | + | |
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| 266 | + | |
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| 267 | + | |
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| 268 | + | (l)Prone restraint means the application of a behavioral restraint on a pupil in a facedown position. |
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| 269 | + | |
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| 270 | + | |
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| 271 | + | |
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| 272 | + | (m)Pupil means a pupil enrolled in preschool, kindergarten, or any of grades 1 to 12, inclusive, and receiving educational services from an educational provider. |
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| 273 | + | |
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| 274 | + | |
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| 275 | + | |
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| 276 | + | (n)Seclusion means the involuntary confinement of a pupil alone in a room or area from which the pupil is physically prevented from leaving. Seclusion does not include a timeout, which is a behavior management technique that is part of an approved program, that involves the monitored separation of the pupil in a nonlocked setting, and is implemented for the purpose of calming. |
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| 277 | + | |
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| 278 | + | |
|---|
| 279 | + | |
|---|
| 280 | + | |
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| 281 | + | |
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| 282 | + | |
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| 283 | + | |
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| 284 | + | (a)An educational provider may use seclusion or a behavioral restraint only to control unpredictable and spontaneous behavior that poses a clear and present danger of serious physical harm to the pupil or others that cannot be immediately prevented by a response that is less restrictive. |
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| 285 | + | |
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| 286 | + | |
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| 287 | + | |
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| 288 | + | (b)If behavioral restraint or seclusion is used on a pupil, the behavioral restraint or seclusion shall be used only for as long as the pupils behavior poses a clear and present danger of serious physical harm to the pupil or others. |
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| 289 | + | |
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| 290 | + | |
|---|
| 291 | + | |
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| 292 | + | (c)This section is not an exception to Section 49005.8. |
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| 293 | + | |
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| 294 | + | |
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| 295 | + | |
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| 296 | + | |
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| 297 | + | |
|---|
| 298 | + | |
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| 299 | + | |
|---|
| 300 | + | (a)Local educational agencies and nonpublic schools and agencies shall implement positive behavioral intervention and supports on all schoolsites in order to establish schoolwide behavioral practices that minimize and prevent problem behaviors for all pupils and reduce the risk that pupils will be subjected to behavioral restraint or seclusion. |
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| 301 | + | |
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| 302 | + | |
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| 303 | + | |
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| 304 | + | (b)An educational provider shall not use seclusion or a behavioral restraint before receiving emergency behavioral intervention training that has been approved by the department. |
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| 305 | + | |
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| 306 | + | |
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| 307 | + | |
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| 308 | + | (c)(1)The department shall maintain a directory of recommended emergency behavioral intervention training programs that include, but are not limited to, all of the following elements: |
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| 309 | + | |
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| 310 | + | |
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| 311 | + | |
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| 312 | + | (A)Identification of the behaviors that indicate a pupils need for a functional behavioral assessment and a behavioral intervention plan, and the appropriate procedures for referring a pupil for a functional behavioral assessment and implementing a pupils behavioral intervention plan. |
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| 313 | + | |
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| 314 | + | |
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| 315 | + | |
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| 316 | + | (B)Appropriate procedures for preventing the need for seclusion or a behavioral restraint, including the deescalation of dangerous behavior, relationship building, and the use of alternatives to seclusion and restraint. |
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| 317 | + | |
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| 318 | + | |
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| 319 | + | |
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| 320 | + | (C)Identification of dangerous behaviors that may indicate the need for seclusion or physical restraint and methods for evaluating the risk of harm to determine if seclusion or physical restraint is warranted. |
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| 321 | + | |
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| 322 | + | |
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| 323 | + | |
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| 324 | + | (D)Simulated experience in administering and receiving a variety of physical restraint techniques across a range of increasingly restrictive interventions. |
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| 325 | + | |
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| 326 | + | |
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| 327 | + | |
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| 328 | + | (E)Instruction regarding the effects of physical restraint on the person restrained, including how to monitor physical signs of distress and how to obtain medical assistance. |
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| 329 | + | |
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| 330 | + | |
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| 331 | + | |
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| 332 | + | (F)Instruction on the investigation of injuries and complaints relating to seclusion or behavioral restraint. |
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| 333 | + | |
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| 334 | + | |
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| 335 | + | |
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| 336 | + | (2)A local educational agency or nonpublic school or agency may use a training program that is not in the department directory if it submits a plan to the department that demonstrates how the training program meets the purposes of this section and contains the elements listed above, and the local educational agency or nonpublic school or agency receives written approval from the department for the training program. |
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| 337 | + | |
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| 338 | + | |
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| 339 | + | |
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| 340 | + | (d)The department shall establish minimum standards for any rooms used by a local educational agency or nonpublic school or agency for seclusion of a pupil. The standards shall meet both of the following requirements: |
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| 341 | + | |
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| 342 | + | |
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| 343 | + | |
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| 344 | + | (1)Take into account the health and safety of pupils and school personnel and the respect and dignity of pupils. |
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| 345 | + | |
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| 346 | + | |
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| 347 | + | |
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| 348 | + | (2)Include consideration of the size, safety features, lighting, and ventilation of the room or area used for purposes of seclusion. |
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| 349 | + | |
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| 350 | + | |
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| 351 | + | |
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| 352 | + | |
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| 353 | + | |
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| 354 | + | |
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| 355 | + | |
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| 356 | + | (a)An educational provider shall avoid, whenever possible, the use of seclusion or behavioral restraint techniques. |
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| 357 | + | |
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| 358 | + | |
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| 359 | + | |
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| 360 | + | (b)Annually, at or before the beginning of the academic year, a local educational agency shall inform all school personnel and parents of pupils of the policies pertaining to the use of physical restraint and seclusion, the intent to emphasize the use of positive behavioral interventions and supports, and the intent to avoid the use of physical restraint or seclusion to address targeted pupil behavior. |
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| 361 | + | |
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| 362 | + | |
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| 363 | + | |
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| 364 | + | (c)Following an incident of physical restraint or seclusion, a local educational agency shall provide the parent of the pupil physically restrained or secluded with all of the following: |
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| 365 | + | |
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| 366 | + | |
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| 367 | + | |
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| 368 | + | (1)Verbal or electronic notification of the incident involving physical restraint or seclusion by the end of the schoolday when the incident occurred. |
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| 369 | + | |
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| 370 | + | |
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| 371 | + | |
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| 372 | + | (2)A behavioral emergency report of the incident within 24 hours of the incident. The behavioral emergency report shall be maintained in the pupils file and shall include all of the following: |
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| 373 | + | |
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| 374 | + | |
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| 375 | + | |
|---|
| 376 | + | (A)The name, age, and grade of the pupil physically restrained or secluded. |
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| 377 | + | |
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| 378 | + | |
|---|
| 379 | + | |
|---|
| 380 | + | (B)A description of the physical restraint or seclusion, including the date of the physical restraint or seclusion, the times when the physical restraint or seclusion began and ended, and the location of the physical restraint or seclusion. |
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| 381 | + | |
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| 382 | + | |
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| 383 | + | |
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| 384 | + | (C)A description of the pupils activity that prompted the use of physical restraint or seclusion. |
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| 385 | + | |
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| 386 | + | |
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| 387 | + | |
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| 388 | + | (D)The efforts used to deescalate the situation, the alternatives to physical restraint or seclusion that were attempted, and whether the pupil has a behavioral intervention plan. |
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| 389 | + | |
|---|
| 390 | + | |
|---|
| 391 | + | |
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| 392 | + | (E)The names of the educational providers who administered or were involved in the use of physical restraint or seclusion. |
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| 393 | + | |
|---|
| 394 | + | |
|---|
| 395 | + | |
|---|
| 396 | + | (F)A description of the emergency behavioral intervention training status of the educational providers who used physical restraint or seclusion. |
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| 397 | + | |
|---|
| 398 | + | |
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| 399 | + | |
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| 400 | + | (G)Details of any injuries sustained by the pupil or others, including staff, as a result of the incident involving the use of physical restraint or seclusion. |
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| 401 | + | |
|---|
| 402 | + | |
|---|
| 403 | + | |
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| 404 | + | (3)Timely notification of a debriefing meeting to be held as provided by subdivision (d) and of a parents right to attend the meeting. For pupils with exceptional needs, a written notification that complies with the followup procedures described in subdivisions (g) and (h) of Section 56521.1 satisfies the requirements of this subdivision. |
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| 405 | + | |
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| 406 | + | |
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| 407 | + | |
|---|
| 408 | + | (d)(1)A debriefing meeting related to the use of physical restraint or seclusion shall be held within two schooldays of the incident and shall include parents of the pupil, educational providers who were involved in the use of physical restraint or seclusion, and any other appropriate staff. The purpose of the debriefing meeting is to review the behavioral emergency report and consider behavioral strategies and supports, including, but not limited to, a functional behavioral assessment and a behavioral intervention plan. |
|---|
| 409 | + | |
|---|
| 410 | + | |
|---|
| 411 | + | |
|---|
| 412 | + | (2)The local educational agency shall have written notes taken of the debriefing meeting, and a copy of the written notes shall be provided to a parent of the pupil. |
|---|
| 413 | + | |
|---|
| 414 | + | |
|---|
| 415 | + | |
|---|
| 416 | + | (3)An individualized education program meeting held pursuant to subdivisions (g) and (h) of Section 56521.1 for individuals with exceptional needs satisfies the requirements of this subdivision. |
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| 417 | + | |
|---|
| 418 | + | |
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| 419 | + | |
|---|
| 420 | + | (e)A local educational agency shall develop and adopt procedures to review behavioral emergency reports on a quarterly basis to determine if certain staff, classrooms, or schoolsites are inappropriately or excessively using seclusion or physical restraint and if any individual pupils are subjected to disproportionate rates of restraint and seclusion. A local educational agency shall annually review data to identify trends in the use of seclusion or physical restraint. |
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| 421 | + | |
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| 422 | + | |
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| 423 | + | |
|---|
| 424 | + | (f)If serious bodily injury or death of a pupil occurs in relation to the use of physical restraint or seclusion, a local educational agency or nonpublic school or agency shall provide written notification of the injury or death to the department, the appropriate local child or adult protective services agency, and the protection and advocacy agency, as defined in subdivision (i) of Section 4900 of the Welfare and Institutions Code, within 24 hours of the injury or death. |
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| 425 | + | |
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| 426 | + | |
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| 427 | + | |
|---|
| 428 | + | (g)A local educational agency shall maintain a record of each incident in which an injury or death occurs in relation to the use of physical restraint or seclusion. |
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| 429 | + | |
|---|
| 430 | + | |
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| 431 | + | |
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| 432 | + | |
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| 433 | + | |
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| 434 | + | |
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| 435 | + | |
|---|
| 436 | + | (a)An educational provider shall not do any of the following: |
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| 437 | + | |
|---|
| 438 | + | |
|---|
| 439 | + | |
|---|
| 440 | + | (1)Use seclusion or a behavioral restraint for purposes of coercion, discipline, convenience, or retaliation. |
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| 441 | + | |
|---|
| 442 | + | |
|---|
| 443 | + | |
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| 444 | + | (2)Use locked seclusion, unless it is in a facility otherwise licensed or permitted by state law to use a locked room. |
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| 445 | + | |
|---|
| 446 | + | |
|---|
| 447 | + | |
|---|
| 448 | + | (3)Use a physical restraint technique that obstructs a pupils respiratory airway or impairs the pupils breathing or respiratory capacity, including techniques in which a staff member places pressure on a pupils back or places the staff members body weight against the pupils torso or back. |
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| 449 | + | |
|---|
| 450 | + | |
|---|
| 451 | + | |
|---|
| 452 | + | (4)Use a behavioral restraint technique that restricts breathing, including, but not limited to, using a pillow, blanket, carpet, mat, or other item to cover a pupils face. |
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| 453 | + | |
|---|
| 454 | + | |
|---|
| 455 | + | |
|---|
| 456 | + | (5)Use prone restraint. |
|---|
| 457 | + | |
|---|
| 458 | + | |
|---|
| 459 | + | |
|---|
| 460 | + | (6)Use a behavioral restraint for longer than is necessary to contain the behavior that poses a clear and present danger of serious physical harm to the pupil or others. |
|---|
| 461 | + | |
|---|
| 462 | + | |
|---|
| 463 | + | |
|---|
| 464 | + | (7)Authorize, or require a parent to consent to, the use of physical restraint or seclusion as a planned intervention in a pupils behavioral intervention plan or individualized education program, as defined in Section 1401 of Title 20 of the United States Code. |
|---|
| 465 | + | |
|---|
| 466 | + | |
|---|
| 467 | + | |
|---|
| 468 | + | (8)Use chemical restraint. |
|---|
| 469 | + | |
|---|
| 470 | + | |
|---|
| 471 | + | |
|---|
| 472 | + | (9)Use mechanical restraint. |
|---|
| 473 | + | |
|---|
| 474 | + | |
|---|
| 475 | + | |
|---|
| 476 | + | (b)An educational provider shall keep constant, direct observation of a pupil who is in seclusion, which may be through observation of the pupil through a window, or another barrier, through which the educational provider is able to make direct eye contact with the pupil. The observation required pursuant to this subdivision shall not be through indirect means, including through a security camera or a closed-circuit television. |
|---|
| 477 | + | |
|---|
| 478 | + | |
|---|
| 479 | + | |
|---|
| 480 | + | (c)An educational provider shall afford to pupils who are restrained the least restrictive alternative and the maximum freedom of movement, and shall use the least number of restraint points, while ensuring the physical safety of the pupil and others. |
|---|
| 481 | + | |
|---|
| 482 | + | |
|---|
| 483 | + | |
|---|
| 484 | + | (d)An educational provider shall observe the pupil for any signs of physical distress throughout the use of a behavioral restraint. Whenever possible, the educational provider monitoring the pupil shall not be involved in restraining the pupil. |
|---|
| 485 | + | |
|---|
| 486 | + | |
|---|
| 487 | + | |
|---|
| 488 | + | (e)If behavioral restraint or seclusion continues for more than 20 minutes, all of the following shall occur: |
|---|
| 489 | + | |
|---|
| 490 | + | |
|---|
| 491 | + | |
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| 492 | + | (1)The pupil shall be provided with adequate access to the bathroom and water every 30 minutes. |
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| 493 | + | |
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| 494 | + | |
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| 495 | + | |
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| 496 | + | (2)An educational provider shall immediately attempt to verbally and electronically notify the pupils parent. If the pupil is over 18 years of age, the educational provider shall immediately attempt to verbally and electronically notify the pupils emergency contacts. |
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| 497 | + | |
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| 498 | + | |
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| 499 | + | |
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| 500 | + | (3)After the first 20 minutes of the physical restraint or seclusion, and every 10 minutes thereafter, a schoolsite administrator shall provide written authorization for the continuation of the physical restraint or seclusion, including documenting the reason the physical restraint or seclusion will continue. |
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| 501 | + | |
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| 502 | + | |
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| 503 | + | |
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| 504 | + | |
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| 505 | + | |
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| 506 | + | |
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| 507 | + | |
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| 508 | + | A local educational agency shall not contract with an out-of-state nonpublic school or agency for services for a pupil, unless the contract includes a provision requiring the out-of-state nonpublic school or agency to comply with this article in the same manner as would be required of a nonpublic school or agency located in the state. |
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| 509 | + | |
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| 510 | + | |
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| 511 | + | |
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| 512 | + | |
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| 513 | + | |
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| 514 | + | |
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| 515 | + | |
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| 516 | + | (a)A local educational agency that meets the definition of a local educational agency specified in Section 300.28 of Title 34 of the Code of Federal Regulations, and nonpublic schools or agencies, shall collect and, no later than three months after the end of a school year, report to the department annually on the use of behavioral restraints and seclusion for pupils enrolled in or served by the local educational agency or nonpublic school or agency for all or part of the prior school year. |
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| 517 | + | |
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| 518 | + | |
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| 519 | + | |
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| 520 | + | (b)The report required pursuant to subdivision (a) shall include all of the following information, disaggregated by race or ethnicity, age, grade, economic disadvantage, migrant status, English proficiency status, and gender: |
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| 521 | + | |
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| 522 | + | |
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| 523 | + | |
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| 524 | + | (1)The number of pupils subjected to mechanical restraint, with separate counts for pupils with a plan pursuant to Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794), pupils with an individualized education program, and pupils who do not have a plan pursuant to Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794) or an individualized education program. |
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| 525 | + | |
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| 526 | + | |
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| 527 | + | |
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| 528 | + | (2)The number of pupils subjected to physical restraint, with separate counts for pupils with a plan pursuant to Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794), pupils with an individualized education program, and pupils who do not have a plan pursuant to Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794) or an individualized education program. |
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| 529 | + | |
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| 530 | + | |
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| 531 | + | |
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| 532 | + | (3)The number of pupils subjected to seclusion, with separate counts for pupils with a plan pursuant to Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794), pupils with an individualized education program, and pupils who do not have a plan pursuant to Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794) or an individualized education program. |
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| 533 | + | |
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| 534 | + | |
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| 535 | + | |
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| 536 | + | (4)The number of times mechanical restraint was used on pupils, with separate counts for the number of times mechanical restraint was used on pupils with a plan pursuant to Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794), pupils with an individualized education program, and pupils who do not have a plan pursuant to Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794) or an individualized education program. |
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| 537 | + | |
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| 538 | + | |
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| 539 | + | |
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| 540 | + | (5)The number of times physical restraint was used on pupils, with separate counts for the number of times physical restraint was used on pupils with a plan pursuant to Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794), pupils with an individualized education program, and pupils who do not have a plan pursuant to Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794) or an individualized education program. |
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| 541 | + | |
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| 542 | + | |
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| 543 | + | |
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| 544 | + | (6)The number of times seclusion was used on pupils, with separate counts for the number of times seclusion was used on pupils with a plan pursuant to Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794), pupils with an individualized education program, and pupils who do not have a plan pursuant to Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794) or an individualized education program. |
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| 545 | + | |
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| 546 | + | |
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| 547 | + | |
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| 548 | + | (c)Notwithstanding any other law, the data collected and reported pursuant to this section shall be available as a public record pursuant to Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code. |
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| 549 | + | |
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| 550 | + | |
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| 551 | + | |
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| 552 | + | (d)No later than three months after the report is due to the department pursuant to subdivision (a), the department shall post the data from the report annually on its internet website. |
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| 553 | + | |
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| 554 | + | |
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| 555 | + | |
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| 556 | + | |
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| 557 | + | |
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| 558 | + | |
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| 559 | + | |
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| 560 | + | An individual or an organization may file a complaint of noncompliance with the requirements of this article directly with the department. |
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| 561 | + | |
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| 562 | + | |
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| 563 | + | |
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| 564 | + | |
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| 565 | + | |
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| 566 | + | |
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| 567 | + | |
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| 568 | + | (a)Emergency interventions may only be used to control unpredictable, spontaneous behavior that poses a clear and present danger of serious physical harm to the individual with exceptional needs, or others, and that cannot be immediately prevented by a response less restrictive than the temporary application of a technique used to contain the behavior. |
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| 569 | + | |
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| 570 | + | |
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| 571 | + | |
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| 572 | + | (b)Emergency interventions shall not be used as a substitute for the systematic behavioral intervention plan that is designed to change, replace, modify, or eliminate a targeted behavior. |
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| 573 | + | |
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| 574 | + | |
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| 575 | + | |
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| 576 | + | (c)No emergency intervention shall be employed for longer than is necessary to contain the behavior. A situation that requires prolonged use of an emergency intervention shall require the staff to seek assistance of the schoolsite administrator or law enforcement agency, as applicable to the situation. |
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| 577 | + | |
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| 578 | + | |
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| 579 | + | |
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| 580 | + | (d)Emergency interventions shall not include: |
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| 581 | + | |
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| 582 | + | |
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| 583 | + | |
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| 584 | + | (1)Locked seclusion, unless it is in a facility otherwise licensed or permitted by state law to use a locked room. |
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| 585 | + | |
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| 586 | + | |
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| 587 | + | |
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| 588 | + | (2)Employment of a device, material, or objects that simultaneously immobilize all four extremities, except that techniques such as prone containment may be used as an emergency intervention by staff trained in those procedures. |
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| 589 | + | |
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| 590 | + | |
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| 591 | + | |
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| 592 | + | (3)An amount of force that exceeds that which is reasonable and necessary under the circumstances. |
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| 593 | + | |
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| 594 | + | |
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| 595 | + | |
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| 596 | + | (e)To prevent emergency interventions from being used in lieu of planned, systematic behavioral interventions, the parent, guardian, and residential care provider, if appropriate, shall be notified by the end of the schoolday if an emergency intervention is used or serious property damage occurs, as required by subdivision (c) of Section 49005.6. A behavioral emergency report shall be completed within 24 hours of the use of an emergency intervention or seclusion and maintained in the file of the individual with exceptional needs. The behavioral emergency report shall comply with the requirements of paragraph (2) of subdivision (c) of Section 49005.6. |
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| 597 | + | |
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| 598 | + | |
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| 599 | + | |
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| 600 | + | (f)All behavioral emergency reports shall immediately be forwarded to, and reviewed by, a designated responsible administrator. |
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| 601 | + | |
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| 602 | + | |
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| 603 | + | |
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| 604 | + | (g)If a behavioral emergency report is written regarding an individual with exceptional needs who does not have a behavioral intervention plan, the designated responsible administrator shall, within two days, schedule an individualized education program (IEP) team meeting to review the emergency report, to determine the necessity for a functional behavioral assessment, and to determine the necessity for an interim plan. The IEP team shall document the reasons for not conducting the functional behavioral assessment, not developing an interim plan, or both. |
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| 605 | + | |
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| 606 | + | |
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| 607 | + | |
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| 608 | + | (h)If a behavioral emergency report is written regarding an individual with exceptional needs who has a positive behavioral intervention plan, an incident involving a previously unseen serious behavior problem, or where a previously designed intervention is ineffective, shall be referred to the IEP team to review and determine if the incident constitutes a need to modify the positive behavioral intervention plan. |
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| 609 | + | |
|---|
| 610 | + | |
|---|
| 611 | + | |
|---|
| 612 | + | |
|---|
| 613 | + | |
|---|
| 614 | + | |
|---|
| 615 | + | |
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| 616 | + | (a)A local educational agency or nonpublic, nonsectarian school or agency serving individuals with exceptional needs pursuant to Sections 56365 and 56366, shall not authorize, order, consent to, or pay for the following interventions, or any other interventions similar to or like the following: |
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| 617 | + | |
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| 618 | + | |
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| 619 | + | |
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| 620 | + | (1)Any intervention that is designed to, or likely to, cause physical pain, including, but not limited to, electric shock. |
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| 621 | + | |
|---|
| 622 | + | |
|---|
| 623 | + | |
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| 624 | + | (2)An intervention that involves the release of noxious, toxic, or otherwise unpleasant sprays, mists, or substances in proximity to the face of the individual. |
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| 625 | + | |
|---|
| 626 | + | |
|---|
| 627 | + | |
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| 628 | + | (3)An intervention that denies adequate sleep, food, water, shelter, bedding, physical comfort, or access to bathroom facilities. |
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| 629 | + | |
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| 630 | + | |
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| 631 | + | |
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| 632 | + | (4)An intervention that is designed to subject, used to subject, or likely to subject the individual to verbal abuse, ridicule, or humiliation, or that can be expected to cause excessive emotional trauma. |
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| 633 | + | |
|---|
| 634 | + | |
|---|
| 635 | + | |
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| 636 | + | (5)Restrictive interventions that employ a device, material, or objects that simultaneously immobilize all four extremities, including the procedure known as prone containment. |
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| 637 | + | |
|---|
| 638 | + | |
|---|
| 639 | + | |
|---|
| 640 | + | (6)Locked seclusion, unless it is in a facility otherwise licensed or permitted by state law to use a locked room. |
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| 641 | + | |
|---|
| 642 | + | |
|---|
| 643 | + | |
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| 644 | + | (7)An intervention that precludes adequate supervision of the individual. |
|---|
| 645 | + | |
|---|
| 646 | + | |
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| 647 | + | |
|---|
| 648 | + | (8)An intervention that deprives the individual of one or more of the individuals senses. |
|---|
| 649 | + | |
|---|
| 650 | + | |
|---|
| 651 | + | |
|---|
| 652 | + | (b)In the case of a child whose behavior impedes the childs learning or that of others, the individualized education program team shall consider the use of positive behavioral interventions and supports, and other strategies, to address that behavior, consistent with Section 1414(d)(3)(B)(i) and (d)(4) of Title 20 of the United States Code and associated federal regulations. |
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| 653 | + | |
|---|
| 654 | + | |
|---|
| 655 | + | |
|---|
| 656 | + | |
|---|
| 657 | + | |
|---|
| 658 | + | If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. |
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