Connecticut 2019 Regular Session

Connecticut House Bill HB07214 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	LCO No. 4320 1 of 11
4	4
5	5	General Assembly Raised Bill No. 7214
6	6	January Session, 2019
7	7	LCO No. 4320
8	8
9	9
10	10	Referred to Committee on COMMITTEE ON CHILDREN
11	11
12	12
13	13	Introduced by:
14	14	(KID)
15	15
16	16
17	17
18	18
19	19	AN ACT CONCERNING TH E PHYSICAL RESTRAINT AND
20	20	SECLUSION OF STUDENT S BY SCHOOL EMPLOYEE S.
21	21	Be it enacted by the Senate and House of Representatives in General
22	22	Assembly convened:
23	23
24	24	Section 1. Section 10-236b of the general statutes is repealed and the 1
25	25	following is substituted in lieu thereof (Effective July 1, 2019): 2
26	26	(a) For purposes of this section: 3
27	27	(1) "Life-threatening physical restraint" means any physical restraint 4
28	28	or hold of a person that (A) restricts the flow of air into a person's 5
29	29	lungs, whether by chest compression or any other means, or (B) 6
30	30	immobilizes or reduces the free movement of a person's arms, legs or 7
31	31	head while the person is in the prone position; 8
32	32	(2) "Psychopharmacologic agent" means any medication that affects 9
33	33	the central nervous system, influencing thinking, emotion or behavior; 10
34	34	(3) "Physical restraint" means any mechanical or personal restriction 11
35	35	that immobilizes or reduces the free movement of a person's arms, legs 12
36	36	or head, including, but not limited to, carrying or forcibly moving a 13 Raised Bill No. 7214
37	37
38	38
39	39
40	40	LCO No. 4320 2 of 11
41	41
42	42	person from one location to another. The term does not include: (A) 14
43	43	Briefly holding a person in order to calm or comfort the person; (B) 15
44	44	restraint involving the minimum contact necessary to safely escort a 16
45	45	person from one area to another; (C) medical devices, including, but 17
46	46	not limited to, supports prescribed by a health care provider to achieve 18
47	47	proper body position or balance; (D) helmets or other protective gear 19
48	48	used to protect a person from injuries due to a fall; (E) helmets, mitts 20
49	49	and similar devices used to prevent self-injury when the device is (i) 21
50	50	part of a documented treatment plan or individualized education 22
51	51	program pursuant to section 10 -76d, or (ii) prescribed or 23
52	52	recommended by a medical professional, as defined in section 38a-976, 24
53	53	and is the least restrictive means available to prevent such self-injury; 25
54	54	or (F) an exclusionary time out; 26
55	55	(4) "School employee" has the same meaning as provided in 27
56	56	subsection (b) of section 10-221o; 28
57	57	(5) "Seclusion" means the involuntary confinement of a student in a 29
58	58	room from which the student is physically prevented from leaving. 30
59	59	"Seclusion" does not include an exclusionary time out; 31
60	60	(6) "Student" means a child (A) enrolled in grades kindergarten to 32
61	61	twelve, inclusive, in a public school under the jurisdiction of a local or 33
62	62	regional board of education, (B) receiving special education and 34
63	63	related services in an institution or facility operating under contract 35
64	64	with a local or regional board of education pursuant to subsection (d) 36
65	65	of section 10-76d, (C) enrolled in a program or school administered by 37
66	66	a regional education service center established pursuant to section 10-38
67	67	66a, or (D) receiving special education and related services from an 39
68	68	approved private special education program, but shall not include any 40
69	69	child receiving educational services from (i) Unified School District #2, 41
70	70	established pursuant to section 17a-37, or (ii) the Department of Mental 42
71	71	Health and Addiction Services; and 43
72	72	(7) "Exclusionary time out" means a temporary, continuously 44
73	73	monitored separation of a student from an ongoing activity in a non-45 Raised Bill No. 7214
74	74
75	75
76	76
77	77	LCO No. 4320 3 of 11
78	78
79	79	locked setting, for the purpose of calming such student or deescalating 46
80	80	such student's behavior. 47
81	81	(b) No school employee shall use a physical restraint on a student 48
82	82	except as an emergency intervention to prevent immediate or 49
83	83	imminent injury to the student or to others, [provided the restraint is] 50
84	84	except such physical restraint shall not be used during an emergency 51
85	85	intervention when the student cannot be safely restrained because 52
86	86	such restraint is medically contraindicated for reasons including, but 53
87	87	not limited to, asthma, seizures, cardiac conditions, obesity, bronchitis, 54
88	88	communication disorders or risk of vomiting. Physical restraint used 55
89	89	pursuant to this subsection shall not be used for discipline or 56
90	90	convenience [and is not used] or as a substitute for a less restrictive 57
91	91	alternative. 58
92	92	(c) No school employee shall use a life-threatening physical restraint 59
93	93	on a student. This section shall not be construed as limiting any 60
94	94	defense to criminal prosecution for the use of deadly physical force 61
95	95	that may be available under sections 53a-18 to 53a-22, inclusive. 62
96	96	(d) (1) No school employee shall place a student in seclusion except 63
97	97	as an emergency intervention to prevent immediate or imminent 64
98	98	injury to the student or to others, provided the seclusion is not used for 65
99	99	discipline or convenience and is not used as a substitute for a less 66
100	100	restrictive alternative. (2) No student shall be placed in seclusion 67
101	101	unless (A) such student is monitored by a school employee during the 68
102	102	period of such student's seclusion pursuant to subsection (m) of this 69
103	103	section, and (B) the area in which such student is secluded is equipped 70
104	104	with a window or other fixture allowing such student a clear line of 71
105	105	sight beyond the area of seclusion. (3) Seclusion shall not be utilized as 72
106	106	a planned intervention in a student's behavioral intervention plan, 73
107	107	individualized education program or plan pursuant to Section 504 of 74
108	108	the Rehabilitation Act of 1973, as amended from time to time. 75
109	109	(e) No school employee may use a psychopharmacologic agent on a 76
110	110	student without that student's consent except (1) as an emergency 77 Raised Bill No. 7214
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112	112
113	113
114	114	LCO No. 4320 4 of 11
115	115
116	116	intervention to prevent immediate or imminent injury to the student or 78
117	117	to others, or (2) as an integral part of the student's established medical 79
118	118	or behavioral support or educational plan, as developed consistent 80
119	119	with section 17a-543 or, if no such plan has been developed, as part of 81
120	120	a licensed practitioner's initial orders. The use of psychopharmacologic 82
121	121	agents, alone or in combination, may be used only in doses that are 83
122	122	therapeutically appropriate and not as a substitute for other 84
123	123	appropriate treatment. 85
124	124	(f) If any instance of physical restraint or seclusion of a student 86
125	125	otherwise permissible under subsection (b) or (d) of this section 87
126	126	exceeds fifteen minutes, (1) an administrator, as defined in section 10-88
127	127	144e, or such administrator's designee, (2) a school health or mental 89
128	128	health personnel, as defined in subsection (a) of section 10-212b, or (3) 90
129	129	a board certified behavioral analyst, who has received training in the 91
130	130	use of physical restraint and seclusion pursuant to subsection (o) of 92
131	131	this section, shall determine whether continued physical restraint or 93
132	132	seclusion is necessary to prevent immediate or imminent injury to the 94
133	133	student or to others. Upon a determination that such continued 95
134	134	physical restraint or seclusion is necessary, such individual shall make 96
135	135	a new determination every thirty minutes thereafter regarding 97
136	136	whether such physical restraint or seclusion is necessary to prevent 98
137	137	immediate or imminent injury to the student or to others. 99
138	138	(g) In the event that physical restraint or seclusion is used on a 100
139	139	student four or more times within twenty school days: 101
140	140	(1) An administrator, one or more of such student's teachers, a 102
141	141	parent or guardian of such student and, if any, a mental health 103
142	142	professional, as defined in section 10-76t, shall convene for the purpose 104
143	143	of (A) conducting or revising a behavioral assessment of the student, 105
144	144	(B) creating or revising any applicable behavioral intervention plan, 106
145	145	and (C) determining whether such student may require special 107
146	146	education pursuant to section 10-76ff; or 108
147	147	(2) If such student is a child requiring special education, as 109 Raised Bill No. 7214
148	148
149	149
150	150
151	151	LCO No. 4320 5 of 11
152	152
153	153	described in subparagraph (A) of subdivision (5) of section 10-76a, or a 110
154	154	child being evaluated for eligibility for special education pursuant to 111
155	155	section 10-76d and awaiting a determination, such student's planning 112
156	156	and placement team shall convene for the purpose of (A) conducting 113
157	157	or revising a behavioral assessment of the student, and (B) creating or 114
158	158	revising any applicable behavioral intervention plan, including, but 115
159	159	not limited to, such student's individualized education plan. 116
160	160	(h) [Each local or regional board of education shall notify] The 117
161	161	school principal shall provide verbal notification to a parent or 118
162	162	guardian of a student who is placed in physical restraint or seclusion 119
163	163	not later than twenty-four hours after the student was placed in 120
164	164	physical restraint or seclusion and shall make a reasonable effort to 121
165	165	provide such notification immediately after such physical restraint or 122
166	166	seclusion is initiated. Not later than three business days after such 123
167	167	student was placed in physical restraint or seclusion, the principal 124
168	168	shall send the parent or guardian of such student written notice that 125
169	169	such student was placed in physical restraint or seclusion by (1) 126
170	170	electronic mail to an electronic mail address provided by the parent or 127
171	171	guardian for the purpose of communicating about the student, or (2) 128
172	172	mail. 129
173	173	(i) No school employee shall use a physical restraint on a student or 130
174	174	place a student in seclusion unless such school employee has received 131
175	175	training on the proper means for performing such physical restraint or 132
176	176	seclusion pursuant to subsection (o) of this section. 133
177	177	(j) (1) On and after July 1, 2016, each local or regional board of 134
178	178	education, and each institution or facility operating under contract 135
179	179	with a local or regional board of education pursuant to subsection (d) 136
180	180	of section 10-76d that provides special education for children, 137
181	181	including any approved private special education program, shall (A) 138
182	182	record each instance of the use of physical restraint or seclusion on a 139
183	183	student, (B) specify whether the use of seclusion was in accordance 140
184	184	with an individualized education program, (C) specify the nature of 141
185	185	the emergency that necessitated the use of such physical restraint or 142 Raised Bill No. 7214
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187	187
188	188
189	189	LCO No. 4320 6 of 11
190	190
191	191	seclusion, and (D) include such information in an annual compilation 143
192	192	on its use of such restraint and seclusion on students. Each local or 144
193	193	regional board of education and such institutions or facilities operating 145
194	194	under contract with a local or regional board of education pursuant to 146
195	195	subsection (d) of section 10-76d that provides special education for 147
196	196	children, including any approved private special education program 148
197	197	shall provide such annual compilation to the Department of Education 149
198	198	for the purposes of the pilot program established pursuant to 150
199	199	subdivision (2) of this subsection to examine incidents of physical 151
200	200	restraint and seclusion in schools and to the State Board of Education 152
201	201	for the purposes of subsection (k) of this section. Local or regional 153
202	202	boards of education and such institutions and facilities that provide 154
203	203	special education for children shall not be required to report instances 155
204	204	of in-school suspensions, as defined in subsection (c) of section 10-156
205	205	233a. 157
206	206	(2) The Department of Education shall establish a pilot program for 158
207	207	the school year commencing July 1, 2015. Such pilot program shall be 159
208	208	implemented in various districts, including, but not limited to, an 160
209	209	alliance district, a regional school district and a regional education 161
210	210	service center. Under the pilot program, the Department of Education 162
211	211	shall examine incidents of physical restraint and seclusion in schools 163
212	212	and shall compile and analyze data regarding such incidents to enable 164
213	213	the department to better understand and respond to incidents of 165
214	214	physical restraint and seclusion on students in the state. 166
215	215	(k) The State Board of Education shall review the annual 167
216	216	compilation of each local or regional board of education, and each 168
217	217	institution or facility operating under contract with a local or regional 169
218	218	board of education pursuant to subsection (d) of section 10-76d that 170
219	219	provides special education for children, including any approved 171
220	220	private special education program, and shall produce an annual 172
221	221	summary report specifying (1) the frequency of use of physical 173
222	222	restraint or seclusion on students, (2) whether any student subjected to 174
223	223	such restraint or seclusion was a special education student, and (3) if 175
224	224	any such student was a special education student, whether the use of 176 Raised Bill No. 7214
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226	226
227	227
228	228	LCO No. 4320 7 of 11
229	229
230	230	such seclusion was in accordance with an individualized education 177
231	231	program or whether the use of such seclusion was an emergency 178
232	232	intervention to prevent immediate or imminent injury to the student or 179
233	233	to others. Such report shall be submitted not later than January 15, 180
234	234	2017, and annually thereafter, to the joint standing committees of the 181
235	235	General Assembly having cognizance of matters relating to children 182
236	236	and education for inclusion in the annual report card prepared 183
237	237	pursuant to section 2-53m. 184
238	238	(l) Any use of physical restraint or seclusion on a student shall be 185
239	239	documented in the student's educational record. The documentation 186
240	240	shall include (1) the nature of the emergency and what other steps, 187
241	241	including attempts at verbal deescalation, were taken to prevent the 188
242	242	emergency from arising if there were indications that such an 189
243	243	emergency was likely to arise, and (2) a detailed description of the 190
244	244	nature of the restraint or seclusion, the duration of such restraint or 191
245	245	seclusion and the effect of such restraint or seclusion on the student's 192
246	246	established educational plan. 193
247	247	(m) Any student who is physically restrained or involuntarily 194
248	248	placed in seclusion shall be continually monitored by a school 195
249	249	employee, [. Any student who is involuntarily placed in seclusion shall 196
250	250	be frequently monitored by a school employee] except, in the case of a 197
251	251	student who has been assigned a school paraprofessional and such 198
252	252	paraprofessional is available, such paraprofessional shall be the school 199
253	253	employee who shall continually monitor such student during the 200
254	254	period of physical restraint or involuntary seclusion. Each student so 201
255	255	restrained or in seclusion shall be regularly evaluated by a school 202
256	256	employee for indications of physical distress. The school employee 203
257	257	conducting the evaluation shall enter each evaluation in the student's 204
258	258	educational record. For purposes of this subsection, "monitor" means 205
259	259	[(1)] direct observation. [, or (2) observation by way of video 206
260	260	monitoring within physical proximity sufficient to provide aid as may 207
261	261	be needed.] 208
262	262	(n) If the use of such restraint or seclusion results in physical injury 209 Raised Bill No. 7214
263	263
264	264
265	265
266	266	LCO No. 4320 8 of 11
267	267
268	268	to the student, the local or regional board of education, and each 210
269	269	institution or facility operating under contract with a local or regional 211
270	270	board of education pursuant to subsection (d) of section 10-76d that 212
271	271	provides special education for children, including any approved 213
272	272	private special education program, shall report the incident to the State 214
273	273	Board of Education, which shall include such incident in the report 215
274	274	required pursuant to subsection (k) of this section. The State Board of 216
275	275	Education shall report any incidence of serious injury or death to the 217
276	276	nonprofit entity designated by the Governor in accordance with 218
277	277	section 46a-10b to serve as the Connecticut protection and advocacy 219
278	278	system, as required by the Developmental Disabilities Assistance and 220
279	279	Bill of Rights Act of 2000, 42 USC 15041, et seq., as amended from time 221
280	280	to time, and any regulations promulgated thereunder, and as required 222
281	281	by the Protection and Advocacy for Individuals with Mental Illness 223
282	282	Act, 42 USC 10801 et seq., as amended from time to time, and any 224
283	283	regulations promulgated thereunder, and, if appropriate, to the Child 225
284	284	Advocate of the Office of the Child Advocate. 226
285	285	(o) (1) Each local or regional board of education shall provide 227
286	286	training regarding the physical restraint and seclusion of students to 228
287	287	the members of the crisis intervention team for each school in the 229
288	288	district, identified pursuant to subdivision (2) of this subsection. A 230
289	289	local or regional board of education may provide such training to any 231
290	290	teacher, as defined in section 10-144d, administrator, as defined in 232
291	291	section 10-144e, school paraprofessional or other school employee, as 233
292	292	defined in section 10-222d, designated by the school principal and who 234
293	293	has direct contact with students. Such training shall be provided 235
294	294	during the school year commencing July 1, 2017, and each school year 236
295	295	thereafter, and shall include, but not be limited to: 237
296	296	(A) An overview of the relevant laws and regulations regarding the 238
297	297	use of physical restraint and seclusion on students and the proper uses 239
298	298	of physical restraint and seclusion. For the school year commencing 240
299	299	July 1, 2017, and annually thereafter, such overview shall be provided 241
300	300	by the Department of Education, in a manner and form as prescribed 242
301	301	by the Commissioner of Education; 243 Raised Bill No. 7214
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303	303
304	304
305	305	LCO No. 4320 9 of 11
306	306
307	307	(B) The creation of a plan by which each local and regional board of 244
308	308	education shall provide training regarding the prevention of incidents 245
309	309	requiring physical restraint or seclusion of students. Such plan shall be 246
310	310	implemented not later than July 1, 2018. The Department of Education 247
311	311	may, within available appropriations, provide ongoing monitoring 248
312	312	and support to local or regional boards of education regarding the 249
313	313	formulation and implementation of the plan; and 250
314	314	(C) The creation of a plan by which each local or regional board of 251
315	315	education shall provide training regarding the proper means of 252
316	316	physical restraint or seclusion of a student, including, but not limited 253
317	317	to, (i) various types of physical restraint and seclusion; (ii) the 254
318	318	differences between life-threatening physical restraint and other 255
319	319	varying levels of physical restraint; (iii) the differences between 256
320	320	permissible physical restraint and pain compliance techniques; and (iv) 257
321	321	monitoring methods to prevent harm to a student who is physically 258
322	322	restrained or in seclusion. Such plan shall be implemented not later 259
323	323	than July 1, 2018; 260
324	324	(2) For the school year commencing July 1, 2017, and each school 261
325	325	year thereafter, each local and regional board of education shall 262
326	326	require each school in the district to identify a crisis intervention team 263
327	327	consisting of any teacher, as defined in section 10-144d, administrator, 264
328	328	as defined in section 10-144e, school paraprofessional or other school 265
329	329	employee, as defined in section 10-222d, designated by the school 266
330	330	principal and who has direct contact with students. Such teams shall 267
331	331	respond to any incident in which the use of physical restraint or 268
332	332	seclusion may be necessary as an emergency intervention to prevent 269
333	333	immediate or imminent injury to a student or to others. Each member 270
334	334	of the crisis intervention team shall be recertified in the use of physical 271
335	335	restraint and seclusion pursuant to subparagraph (C) of subdivision (1) 272
336	336	of this subsection or chapter 814e on an annual basis. Each local and 273
337	337	regional board of education shall maintain a list of the members of the 274
338	338	crisis intervention team for each school. 275
339	339	(p) Each local or regional board of education shall develop policies 276 Raised Bill No. 7214
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341	341
342	342
343	343	LCO No. 4320 10 of 11
344	344
345	345	and procedures that establish monitoring and internal reporting of the 277
346	346	use of physical restraint and seclusion on students and shall make such 278
347	347	policies and procedures available on such local or regional board of 279
348	348	education's Internet web site and in such local or regional board of 280
349	349	education's procedures manual. 281
350	350	(q) Nothing in this section shall be construed as limiting the justified 282
351	351	use of physical force by a local, state or federal law enforcement official 283
352	352	while in the performance of such official's duties. 284
353	353	(r) The State Board of Education shall adopt or revise regulations, in 285
354	354	accordance with the provisions of chapter 54, concerning the use of 286
355	355	physical restraint and seclusion pursuant to this section. Not later than 287
356	356	sixty days after the adoption or revision of such regulations, each local 288
357	357	or regional board of education shall update any applicable policies and 289
358	358	procedures regarding the physical restraint and seclusion of students 290
359	359	and shall make such updated policies and procedures available in a 291
360	360	manner consistent with the provisions of subsection (p) of this section. 292
361	361	(s) Not later than January 1, 2019, each local or regional board of 293
362	362	education shall establish a policy regarding the use of an exclusionary 294
363	363	time out. Such policy shall include, but need not be limited to, a 295
364	364	requirement that (1) exclusionary time outs are not to be used as a 296
365	365	form of discipline, (2) at least one school employee remain with the 297
366	366	student, or be immediately available to the student such that the 298
367	367	student and school employee are able to communicate verbally, 299
368	368	throughout the exclusionary time out, (3) the space used for an 300
369	369	exclusionary time out is clean, safe, sanitary and appropriate for the 301
370	370	purpose of calming such student or deescalating such student's 302
371	371	behavior, (4) the exclusionary time out period terminate as soon as 303
372	372	possible, and (5) if such student is a child requiring special education, 304
373	373	as defined in section 10-76a, or a child being evaluated for special 305
374	374	education, pursuant to section 10-76d, and awaiting a determination, 306
375	375	and the interventions or strategies are unsuccessful in addressing such 307
376	376	student's problematic behavior, such student's planning and 308
377	377	placement team shall convene as soon as is practicable to determine 309 Raised Bill No. 7214
378	378
379	379
380	380
381	381	LCO No. 4320 11 of 11
382	382
383	383	alternative interventions or strategies. 310
384	384	This act shall take effect as follows and shall amend the following
385	385	sections:
386	386
387	387	Section 1 July 1, 2019 10-236b
388	388
389	389	Statement of Purpose:
390	390	To (1) prohibit the physical restraint of a student who cannot be safely
391	391	restrained because such restraint is medically contraindicated, (2)
392	392	require school principals to provide verbal and written notification to
393	393	the parent or guardian of any student placed in physical restraint or
394	394	seclusion, (3) require continual rather than frequent monitoring of a
395	395	student placed in involuntary seclusion, and (4) require the presence of
396	396	a student's assigned school paraprofessional if such student is placed
397	397	in physical restraint or seclusion.
398	398	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline,
399	399	except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is
400	400	not underlined.]
401	401