Florida 2022 Regular Session

Florida House Bill H0235

Introduced
10/6/21  
Refer
10/22/21  
Refer
10/22/21  
Refer
10/22/21  
Engrossed
3/2/22  
Refer
3/2/22  
Engrossed
3/4/22  
Enrolled
3/4/22  
Passed
3/25/22  

Caption

Restraint of Students with Disabilities in Public Schools

Impact

By amending section 1003.573 of Florida Statutes, HB 235 aims to enhance the legislative framework concerning the treatment of students with disabilities. The bill's intent is to offer a more humane and measured approach to managing behavioral issues, particularly highlighting the importance of de-escalation through positive behavior supports. Furthermore, the ban on devices like straightjackets and handcuffs reflects a significant shift towards prioritizing student dignity and safety over punitive measures in educational settings.

Summary

House Bill 235 focuses on the restraint of students with disabilities in public schools across Florida. The bill explicitly prohibits school personnel from using mechanical restraint on these students, aligning with ongoing efforts to protect their rights and well-being. While it permits the use of physical restraint, this is only allowed under strict conditions, primarily when there is an imminent risk of serious injury after all positive behavior interventions have failed. The bill emphasizes that any form of restraint should be discontinued as soon as the immediate threat has dissipated, ensuring a focus on safety rather than compliance.

Sentiment

The sentiment surrounding HB 235 appears overwhelmingly positive, especially among advocates for disability rights and education reform. Supporters argue that the bill represents progress in creating safer and more supportive educational environments for students with disabilities. The comprehensive restrictions on mechanical restraints and strict guidelines for physical restraint resonate well with stakeholders who emphasize the importance of respectful and ethical treatment of vulnerable students. However, there may be some concerns raised about the implications for teachers and school staff who face challenging behavioral situations.

Contention

Notable points of contention regarding HB 235 revolve around the balance between ensuring student safety and maintaining an effective learning environment. Critics may express concerns about the practicality of implementing such strict guidelines in real classroom settings, especially in cases where immediate action might be necessary to prevent harm. Recognizing that training and resources are critical for school personnel, future discussions will likely focus on how to ensure that educators are well-equipped to manage challenging behaviors while adhering to the regulations set forth by this bill.

Companion Bills

FL S0390

Same As Restraint of Students with Disabilities in Public Schools

Similar Bills

CA AB878

Juveniles: restraints.

NH SB393

Relative to the use of restraints on pregnant women in the custody of a state or county correctional facility.

CA AB2657

Pupil discipline: restraint and seclusion.

IL HB5631

MHDDC-LETHAL RESTRAINTS-PROHIB

CA AB216

School safety: Pupil and Staff Safety Pilot Program.

CO HB1248

Protect Students from Restraint & Seclusion Act

TX SB751

Relating to the use of restraints in state schools.

NH HB491

Relative to prohibiting the use of the prone restraint for minors.