The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Appropriations Subcommittee on Education
BILL: SB 390
INTRODUCER: Senators Book and Rodrigues
SUBJECT: Restraint of Students with Disabilities in Public Schools
DATE: February 15, 2022
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Brick Bouck ED Favorable
2. Grace Elwell AED Pre-meeting
3. AP
I. Summary:
SB 390 prohibits the use of mechanical restraint on students with disabilities by school personnel
except for school resource officers, school safety officers, school guardians, or school security
guards, who may use mechanical restraint in the exercise of their duties to restrain students in
grades 6 through 12.
The bill does not have an impact on state revenues or expenditures.
The bill takes effect July 1, 2022.
II. Present Situation:
The Individuals with Disabilities Education Act (IDEA)
1
was enacted to ensure that all children
with a disability have available to them a free appropriate public education and related services
designed to meet their unique needs and prepare them for further education, employment, and
independent living; and ensuring that the rights of children with disabilities and parents of such
children are protected.
2
Accordingly, Florida law specifies conditions regarding the use of
restraint and seclusion on students with a disability.
School District Responsibilities
School districts are required to have policies and procedures governing the use of restraint on
students with disabilities, including the designation of school personnel authorized to use
positive behavioral interventions and supports and restraint.
1
20 U.S.C. s. 1400 et seq.
2
U.S. Department of Education, IDEA Purpose, https://sites.ed.gov/idea/about-idea (last visited Jan. 27, 2022).
REVISED: BILL: SB 390 Page 2
Prohibitions on the use of Restraint
Authorized school personnel may only use mechanical or physical restraint after all positive
behavioral interventions and supports have been exhausted and only when there is an imminent
risk of serious injury. The use of restraint must end once the imminent risk of serious injury has
ended.
School personnel are prohibited from using certain methods of restraint. Specifically, personnel
may never use:
Restraint to inflict pain to induce compliance.
Restraint for student discipline.
Mechanical or physical restraint techniques or devices such as straightjackets, zip ties,
handcuffs, or tie downs in a manner that may obstruct or restrict breathing or blood flow or
that place a student in a face down position with the student’s hands restrained behind the
student’s back.
Reporting of Incidents of Restraint
Florida law requires a school to prepare an incident report within 24 hours after a student is
released from restraint or seclusion. The incident report must contain:
The name, age, grade, ethnicity, and disability of the student restrained or secluded.
The date and time of the event and the duration of the restraint or seclusion.
A description of the type of restraint.
A description of the incident.
3
During August through December of the 2021-2022 school year, school districts reported 2,579
incidents of restraint on 1,853 students. Approximately three to five percent of the incidents
involved mechanical restraint.
4
Safe-School Officers
For the protection and safety of school personnel, property, students, and visitors, each district
school board and school district superintendent is required to partner with law enforcement
agencies or security agencies to establish or assign one or more safe-school officers options at
each school facility within the district, including charter schools. These options include:
Establishing a School Resource Officer (SRO) program through a cooperative agreement
with law enforcement agencies. SROs are certified law enforcement officers who must meet
specified screening requirements and also complete mental health crisis intervention training.
Commissioning one or more school safety officers. School safety officers are certified law
enforcement officers with the power of arrest on district school property, who are employed
by either a law enforcement agency or by the district school board. School safety officers
must undergo the same screening requirements and crisis intervention training as an SRO.
Participating in the Coach Aaron Feis Guardian Program.
3
Section 1003.573, F.S.
4
Florida Department of Education, Program Accountability, Assessment & Data Systems,
https://www.fldoe.org/academics/exceptional-student-edu/data/ (last visited Feb. 3, 2022). (Tabulate the data in the pdf files
in the section on SWD Restraint Data – SY 2021-22.) BILL: SB 390 Page 3
Contracting with a security agency to employ as a school security guard an individual who
holds a Class “D” and Class “G” license and completes the same training and evaluation
requirements as a school guardian.
Employing a school guardian is an option for district school boards to meet the safe-school
officer requirements in law.
5
Persons certified as school guardians have no authority to act in any
law enforcement capacity except to the extent necessary to prevent or abate an active assailant
incident.
6
III. Effect of Proposed Changes:
SB 390 prohibits the use of mechanical restraint on students with disabilities by school personnel
except for school resource officers, school safety officers, school guardians, or school security
guards, who may use mechanical restraint in the exercise of their duties to restrain students in
grades 6 through 12.
The bill takes effect July 1, 2022.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None.
E. Other Constitutional Issues:
None.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
5
Section 1006.12, F.S.
6
Section 30.15(1)(k), F.S. BILL: SB 390 Page 4
B. Private Sector Impact:
None.
C. Government Sector Impact:
None.
VI. Technical Deficiencies:
None.
VII. Related Issues:
None.
VIII. Statutes Affected:
This bill substantially amends section 1003.573 of the Florida Statutes.
IX. Additional Information:
A. Committee Substitute – Statement of Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
None.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.