| 11 | 11 | | |
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| 12 | 12 | | AN ACT CONCERNING THE PHYSICAL RESTRAINT OF STUDENTS BY SCHOOL EMPLOYEES. |
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| 13 | 13 | | |
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| 14 | 14 | | Be it enacted by the Senate and House of Representatives in General Assembly convened: |
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| 15 | 15 | | |
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| 16 | 16 | | Section 1. (NEW) (Effective July 1, 2013) (a) For purposes of this section: |
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| 17 | 17 | | |
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| 18 | 18 | | (1) "School employee" means (A) a teacher, substitute teacher, school administrator, school superintendent, guidance counselor, psychologist, social worker, nurse, physician, school paraprofessional or coach employed by a local or regional board of education or who otherwise works in a public elementary, middle or high school; or (B) any other individual who, in the performance of his or her duties, has regular contact with students and who provides services to or on behalf of students enrolled in a public elementary, middle or high school, pursuant to a contract with the local or regional board of education; and |
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| 19 | 19 | | |
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| 20 | 20 | | (2) "Physically restrain" means to restrict or immobilize a student so as to reduce the free movement of such student's arms, legs or head. "Physically restrain" does not include (A) briefly holding a student in order to calm or comfort such student, or (B) restraint involving the minimum contact necessary to safely escort a student from one area to another. |
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| 21 | 21 | | |
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| 22 | 22 | | (b) No school employee shall be required to physically restrain a student if such school employee reasonably believes that doing so may result in harm to such school employee. |
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| 23 | 23 | | |
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| 24 | 24 | | (c) No local or regional board of education shall dismiss, discipline or otherwise penalize any school employee who refuses to physically restrain a student if such school employee reasonably believes that doing so may result in harm to such school employee. |
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| 25 | 25 | | |
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| 26 | 26 | | (d) Any school employee may file a complaint with the Labor Commissioner alleging violation of subsection (c) of this section. Upon receipt of any such complaint, the commissioner shall hold a hearing. After the hearing, the commissioner shall send each party a written copy of the commissioner's decision. The commissioner may award the employee all appropriate relief, including payment of back wages to which the employee otherwise would have been eligible if a violation of subsection (c) of this section had not occurred. Any party aggrieved by the decision of the commissioner may appeal the decision to the Superior Court in accordance with the provisions of chapter 54 of the general statutes. |
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| 27 | 27 | | |
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| 28 | 28 | | |
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| 29 | 29 | | |
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| 30 | 30 | | |
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| 31 | 31 | | This act shall take effect as follows and shall amend the following sections: |
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| 32 | 32 | | Section 1 July 1, 2013 New section |
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| 33 | 33 | | |
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| 34 | 34 | | This act shall take effect as follows and shall amend the following sections: |
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| 35 | 35 | | |
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| 36 | 36 | | Section 1 |
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| 37 | 37 | | |
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| 38 | 38 | | July 1, 2013 |
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| 39 | 39 | | |
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| 40 | 40 | | New section |
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| 41 | 41 | | |
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