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Regular Session, 2011
SENATE BILL NO. 59
BY SENATOR DONAHUE
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
STUDENTS. Provides relative to the use of seclusion and physical restraint to address
student behavior. (gov sig)
AN ACT1
To amend and reenact R.S. 17:7(5)(b) and to enact R.S. 17:416.21 and 3996(B)(28), relative2
to student behavior; to provide with respect to the appropriate use of seclusion and3
physical restraint in response to student behavior; to provide for definitions; to4
provide relative to rules, guidelines, and procedures; to provide relative to school5
employee training; to provide for reporting and documentation; to provide for6
parental notification; and to provide for related matters.7
Be it enacted by the Legislature of Louisiana:8
Section 1. R.S. 17:7(5)(b) is hereby amended and reenacted and R.S. 17:416.21 and9
3996(B)(28) are hereby enacted to read as follows:10
§7. Duties, functions, and responsibilities of board11
In addition to the authorities granted by R.S. 17:6 and any powers, duties, and12
responsibilities vested by any other applicable laws, the board shall:13
* * *14
(5)15
* * *16
(b) Prepare and adopt rules and guidelines for the appropriate use of17 SB NO. 59
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seclusion, physical restraint, and mechanical restraint of students with1
exceptionalities as defined in R.S. 17:1942 , in accordance with the Administrative2
Procedure Act.3
* * *4
§416.21. Student behavior; use of seclusion and physical restraint5
A. As used in this Section:6
(1) "Imminent risk of harm" means an immediate and impending threat7
of a person causing substantial physical injury to self or others.8
(2)(a) "Mechanical restraint" means the application of any device or9
object used to limit a person's movement.10
(b) Mechanical restraint does not include:11
(i) A protective or stabilizing device used in strict accordance with the12
manufacturer's instructions for proper use and which is used in compliance13
with orders issued by an appropriately licensed health care provider.14
(ii) Any device used by a duly licensed law enforcement officer in the15
execution of his official duties.16
(3)(a) "Physical restraint" means bodily force used to limit a person's17
movement.18
(b) Physical restraint does not include:19
(i) Consensual, solicited, or unintentional contact.20
(ii) Holding a student for less than five minutes in any given hour or21
class period for the protection of the student or others.22
(iii) Brief holding of a student, by one adult, for the purpose of calming23
or comforting the student, provided the student's freedom of movement or24
normal access to his or her body is not restricted.25
(iv) Minimal physical contact for the purpose of safely escorting a26
student from one area to another.27
(v) Minimal physical contact for the purpose of assisting the student in28
completing a task or response.29 SB NO. 59
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(4) "Positive behavior interventions and support" means a systematic1
approach to embed evidence-based practices and data-driven decision making2
when addressing student behavior in order to improve school climate and3
culture.4
(5) "Seclusion" means a procedure that isolates and confines a student5
in a separate room or area until he or she is no longer an immediate danger to6
self or others.7
(6) "Seclusion room" means a room or other confined area, used on an8
individual basis, in which a student is removed from the regular classroom9
setting for a limited time to allow the student the opportunity to regain control10
in a private setting and from which the student is involuntarily prevented from11
leaving.12
(7) "School employee" means a teacher, paraprofessional,13
administrator, support staff member, or a provider of related services.14
(8) "Written guidelines and procedures" means the written guidelines15
and procedures adopted by a school's governing authority regarding16
appropriate responses to student behavior that may require immediate17
intervention.18
B. (1) Seclusion shall only be used:19
(a) For behaviors that involve an imminent risk of harm.20
(b) As a last resort when de-escalation attempts have failed and the21
student continues to pose an imminent threat to self or others.22
(2) Seclusion shall not be used to address behaviors such as general23
noncompliance, self-stimulation, and academic refusal. Such behaviors shall be24
responded to with less stringent and less restrictive techniques.25
(3)(a) A seclusion room shall only be used as a last resort if and when26
less restrictive measures, such as positive behavioral supports, constructive and27
non-physical de-escalation, and restructuring of a student's environment, have28
failed to stop a student's actions that pose an imminent risk of harm.29 SB NO. 59
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(b) A student shall only be placed in a seclusion room by a school1
employee who has been trained in the appropriate use of seclusion rooms,2
including the accepted methods of escorting a student to a seclusion room,3
placing a student in a seclusion room, and supervising a student while he or she4
is in the seclusion room.5
(c) Only one student may be placed in a seclusion room at any given6
time, and the school employee supervising the student must be able to see and7
hear the student the entire time the student is placed in the seclusion room.8
(4) A seclusion room shall:9
(a) Be free of any object that poses a danger to the student placed in the10
room.11
(b) Have an observation window and be of a size that is appropriate for12
the student's size, behavior, and chronological and developmental age.13
(c) Have a ceiling height and heating, cooling, ventilation, and lighting14
systems comparable to operating classrooms in the school.15
(d) Remain unlocked for the entire time a student is placed in the room.16
Additional staff shall be called to provide assistance if the school employee17
supervising a student cannot prevent a student from escaping from the room18
and the student is considered a serious threat.19
C. (1) Physical restraint shall only be used:20
(a) When a student's behavior presents a threat of imminent risk of21
harm to self or others and only as a last resort to protect the safety of self and22
others.23
(b) To the degree necessary to stop dangerous behavior.24
(c) In a manner that causes no physical injury to the student, results in25
the least possible discomfort, and does not interfere in any way with a student's26
breathing or ability to communicate with others.27
(2) No student shall be subjected to any form of mechanical restraint.28
(3) The use of prone restraint is strictly prohibited.29 SB NO. 59
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(4) A student may only be physically restrained by a school employee1
who has been trained in the appropriate use of physical restraint measures.2
(5) A school employee applying physical restraint shall only use a3
method of physical restraint in which he or she has been trained and shall apply4
such physical restraint in a manner that is directly proportionate to the5
circumstances and to the student's size, age, and severity of behavior.6
D. Seclusion and physical restraint shall not be used as a form of7
discipline or punishment, as a threat to control, bully, or obtain behavioral8
compliance, or for the convenience of school personnel.9
E. No student shall be subjected to unreasonable, unsafe, or10
unwarranted use of seclusion or physical restraint.11
F. A student shall not be placed in seclusion or physically restrained if12
he or she is known to have any medical or psychological condition that13
precludes such action, as certified by a licensed health care provider in a written14
statement provided the school in which the student is enrolled.15
G. A student who has been placed in seclusion or has been physically16
restrained shall be monitored continuously. Such monitoring shall be17
documented at least every fifteen minutes and adjustments made accordingly,18
based upon observations of the student's behavior.19
H.(1) A student shall be removed from seclusion or released from20
physical restraint as soon as the reasons for justifying such action have21
subsided.22
(2) A student shall not be kept in seclusion or physically restrained for23
more than fifteen minutes after the initiation of the physical restraint or24
seclusion, except in extraordinary circumstances where an imminent risk of25
harm still exists as determined by appropriately trained school personnel.26
I.(1) The parent or other legal guardian of a student who has been27
placed in seclusion or physically restrained shall be notified as soon as possible.28
The student's parent or other legal guardian shall also be notified in writing,29 SB NO. 59
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within twenty-four hours, of each incident of seclusion or physical restraint.1
such notice shall include the reason for such seclusion or physical restraint, the2
procedures used, the length of time of the student's seclusion or physical3
restraint, and the names and titles of any school employee involved.4
(2) The director or supervisor of special education shall be notified any5
time a student is placed in seclusion or is physically restrained.6
J. A school employee who has placed a student in seclusion or who has7
physically restrained a student shall document and report each incident in8
accordance with the policies adopted by the school's governing authority. Such9
report shall be submitted to the school principal not later than the school day10
immediately following the day on which the student was placed in seclusion or11
physically restrained and a copy shall be provided to the student's parent or12
legal guardian.13
K. A functional behavior assessment shall be considered whenever a14
student who has been identified with or is suspected of having a disability is15
placed in seclusion or physically restrained.16
L.(1) The documentation compiled for a student who has been placed in17
seclusion or has been physically restrained and whose behavior continues or18
escalates shall be reviewed at least once every three weeks.19
(2) If a student's functional behavior assessment already includes the20
target behavior for which the student has been physically restrained or placed21
in seclusion, the functional behavior assessment shall be updated.22
(3) If a student's behavioral incidents are of high frequency and high23
intensity, the student's behavioral support/intervention plan shall be updated24
to reflect that adequate levels of intervention are being appropriately25
implemented.26
M. The principal of each public elementary and secondary school shall27
assign one school employee to oversee the use of seclusion and physical restraint28
within the school.29 SB NO. 59
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words in boldface type and underscored are additions.
N. The governing authority of each public elementary and secondary1
school shall:2
(1)(a) Adopt written guidelines and procedures regarding:3
(i) Reporting requirements and follow-up procedures.4
(ii) Notification requirements for school officials and a student's parent5
or other legal guardian.6
(iii) An explanation of the methods of physical restraint and the school7
employee training requirements relative to the use of restraint.8
(b) These guidelines and procedures shall be provided to all school9
employees and shall be included in the school handbook.10
(2) Provide intensive, nationally recognized training in the use of11
seclusion and physical restraint to all school employees authorized to employ12
these actions to address student behavior at prescribed intervals. Such training13
shall include:14
(a) A continuum of prevention techniques shown to be effective in15
eliminating the need for physical restraint.16
(b) Evidence-based techniques proven effective in keeping students and17
school employees safe when applying physical restraint measures with a student.18
(c) Evidence-based skills training that involves positive behavioral19
interventions and supports, safe physical escort, conflict prevention,20
understanding antecedents, a continuum of de-escalation techniques, and21
conflict management.22
(d) First aid and cardiopulmonary resuscitation techniques.23
(e) Environmental management techniques.24
(f) Nationally recognized physical management and restraint practices,25
including techniques that allow restraint in an upright or sitting position, and26
information regarding the dangers of utilizing prone restraint measures.27
(g) Methods of explaining the use of restraint to the student who is to be28
restrained and to the student's parent or other legal guardian.29 SB NO. 59
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words in boldface type and underscored are additions.
O.(1) The governing authority of each public elementary and secondary1
school shall report all instances where seclusion or physical restraint is used to2
address student behavior to the Department of Education.3
(2) The Department of Education shall maintain a database of all4
reported incidents of seclusion and physical restraint of a student and shall5
disaggregate the data for analysis by school; student age, race, ethnicity, and6
gender; student disability, where applicable; and any involved school employee.7
* * *8
§3996. Charter schools; exemptions; requirements9
* * *10
B. Notwithstanding any state law, rule, or regulation to the contrary and11
except as may be otherwise specifically provided for in an approved charter, a12
charter school established and operated in accordance with the provisions of this13
Chapter and its approved charter and the school's officers and employees shall be14
exempt from all statutory mandates or other statutory requirements that are15
applicable to public schools and to public school officers and employees except for16
the following laws otherwise applicable to public schools with the same grades:17
* * *18
(28) Seclusion and physical restraint of students, R.S. 17:416.21.19
Section 2. This Act shall become effective upon signature by the governor or, if not20
signed by the governor, upon expiration of the time for bills to become law without signature21
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If22
vetoed by the governor and subsequently approved by the legislature, this Act shall become23
effective on the day following such approval.24
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Jeanne C. Johnston.
DIGEST
Present law (R.S. 17:7(5)(b)) requires BESE to prepare and adopt guidelines for the
appropriate use of seclusion, physical restraint, and mechanical restraint of students with
exceptionalities. SB NO. 59
SLS 11RS-83 ORIGINAL
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Proposed law instead requires BESE to prepare and adopt rules and guidelines, in
accordance with the Administrative Procedure Act, for the appropriate use of seclusion,
physical restraint, and mechanical restraint with all students.
Proposed law provides with respect to the use of seclusion and physical restraint in response
to student behavior as follows:
Defined terms:
1. "Imminent risk of harm" means an immediate and impending threat of a person
causing substantial physical injury to self or others.
2. "Mechanical restraint" means the application of any device or object used to limit
a person's movement. Further provides that "mechanical restraint" does not include:
(a)A protective or stabilizing device used in strict accordance with the
manufacturer's instructions for proper use and which is used in compliance
with orders issued by an appropriately licensed health care provider.
(b) Any device used by a duly licensed law enforcement officer in the execution
of his official duties.
3. "Physical restraint" means bodily force used to limit a person's movement. Further
provides that "physical restraint" does not include:
(a)Consensual, solicited, or unintentional contact.
(b)Holding a student for less than five minutes in any given hour or class period
for the protection of the student or others.
(c) Brief holding of a student, by one adult, for the purpose of calming or
comforting the student, provided the student's freedom of movement or
normal access to his or her body is not restricted.
(d) Minimal physical contact for the purpose of safely escorting a student from
one area to another.
(e) Minimal physical contact for the purpose of assisting the student in
completing a task or response.
4. "Positive behavior interventions and support" means a systematic approach to embed
evidence-based practices and data-driven decision making when addressing student
behavior in order to improve school climate and culture.
5. "Seclusion" means a procedure that isolates and confines a student in a separate
room or area until no longer an immediate danger to self or others.
6. "Seclusion room" means a room or other confined area, used on an individual basis,
in which a student is removed from the regular classroom setting for a limited time
to allow the student the opportunity to regain control in a private setting and from
which the student is involuntarily prevented from leaving.
7. "School employee" means a teacher, paraprofessional, administrator, support staff
member, or a provider of related services.
8. "Written guidelines and procedures" means the written guidelines and procedures
adopted by a school's governing authority regarding appropriate responses to student
behavior that may require immediate intervention. SB NO. 59
SLS 11RS-83 ORIGINAL
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Restricts the use of seclusion to behaviors that involve an imminent risk of harm and as a last
resort when de-escalation attempts have failed and the student continues to pose an imminent
threat to self or others.
Prohibits the use of seclusion to address behaviors such as general noncompliance, self-
stimulation, and academic refusal. Specifies that such behaviors be responded to with less
stringent and less restrictive techniques.
With respect to the use of seclusion rooms:
1. A seclusion room may only be used as a last resort if and when less restrictive
measures, such as positive behavioral supports, constructive and non-physical de-
escalation, and restructuring of a student's environment, have failed to stop a
student's actions that pose an imminent risk of harm.
2.A student may only be placed in a seclusion room by a school employee who has
received the appropriate training, including the accepted methods of escorting a
student to a seclusion room, placing a student in a seclusion room, and supervising
a student while he or she is in the seclusion room.
3. Only one student may be placed in a seclusion room at a time, and the school
employee supervising the student must be able to see and hear the student the entire
time the student is in the seclusion room.
4. A seclusion room must be:
(a)Free of any object that poses a danger to the student placed in the room.
(b)Have an observation window and be of a size that is appropriate for the
student's size, behavior, and chronological and developmental age.
(c)Have a ceiling height and heating, cooling, ventilation, and lighting systems
comparable to operating classrooms in the school.
(d)Remain unlocked for the entire time a student is placed in the room. Further
provides that additional staff must be called to provide assistance if the
school employe e supervising a student cannot prevent a student from
escaping from the room and the student is considered a serious threat.
Specifies that physical restraint may only be used:
1. When a student's behavior presents a threat of imminent risk of harm to self or others
and only as a last resort to protect the safety of self and others.
2. To the degree necessary to stop dangerous behavior.
3. In a manner that causes no physical injury to the student, results in the least possible
discomfort, and does not interfere in any way with a student's breathing or ability to
communicate with others.
Prohibits the use of mechanical restraint and prone restraint.
Specifies that a student may only be physically restrained by a school employee who has
been trained in the appropriate use of physical restraint measures.
Requires a school employee applying physical restraint to only use a method of physical
restraint in which he or she has been trained and apply such physical restraint in a manner
that is directly proportionate to the circumstances and to the student's size, age, and severity SB NO. 59
SLS 11RS-83 ORIGINAL
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
of behavior.
Prohibits the use of seclusion and physical restraint as a form of discipline or punishment,
as a threat to control, bully, or obtain behavioral compliance, or for the convenience of
school personnel.
Prohibits unreasonable, unsafe, or unwarranted use of seclusion or physical restraint.
Prohibits seclusion or physical restraint of a student known to have any medical or
psychological condition that precludes such action, as certified by a licensed health care
provider in a written statement provided to the school in which the student is enrolled.
Requires continuous monitoring of a student who has been placed in seclusion or has been
physically restrained which is documented at least every fifteen minutes and adjustments
made accordingly, based upon observations of the student's behavior.
Requires removal of a student from seclusion or released from physical restraint as soon as
the reasons for justifying such action have subsided.
Prohibits the seclusion or physical restraint of a student for more than fifteen minutes, except
in extraordinary circumstances where an imminent risk of harm still exists as determined by
appropriately trained school personnel.
Requires that the parent or legal guardian of a student who has been placed in seclusion or
physically restrained be notified as soon as possible. Further provides that such notification
be made in writing within twenty-four hours of each incident of seclusion or physical
restraint and include the reason for the seclusion or physical restraint, the procedures used,
the length of time of the student's seclusion or physical restraint, and the names and titles of
any school employee involved.
Requires that the director or supervisor of special education must be notified any time a
student is placed in seclusion or is physically restrained.
Requires a school employee who places a student in seclusion or who physically restrains
a student to document and report each incident in accordance with the policies adopted by
the school's governing authority. Such report must be submitted to the school principal not
later than the school day immediately following the day on which the student was placed in
seclusion or was physically restrained and a copy must be provided to the student's parent
or legal guardian.
Requires that a functional behavior assessment be considered whenever a student who has
been identified with or is suspected of having a disability is placed in seclusion or physically
restrained.
Requires a review, at least once every three weeks, of the documentation compiled for a
student who has been placed in seclusion or has been physically restrained and whose
behavior continues or escalates.
Requires the update of the functional behavior assessment of a student whose assessment
already includes the target behavior for which the student has been physically restrained or
placed in seclusion.
Requires that the behavioral support/intervention plan for a student whose behavioral
incidents are of high frequency and high intensity be updated to reflect that adequate levels
of intervention are being appropriately implemented.
Requires the principal of each public elementary and secondary school to assign one school
employee to oversee the use of seclusion and physical restraint within the school. SB NO. 59
SLS 11RS-83 ORIGINAL
Page 12 of 12
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Requires the governing authority of each public elementary and secondary school to:
1.Adopt written guidelines and procedures regarding:
(a)Reporting requirements and follow-up procedures.
(b)Notification requirements for school officials and the student's parent or
other legal guardian.
(c)An explanation of the methods of physical restraint and the school employee
training requirements relative to the use of restraint.
2. Provide such guidelines to all school employees and include such in the school
handbook.
3. Provide intensive, nationally recognized training in the use of seclusion and physical
restraint to all school employees authorized to employ these actions to address
student behavior which shall include:
(a)A continuum of prevention techniques shown to be effective in eliminating
the need for physical restraint.
(b)Evidence-based techniques proven effective in keeping students and school
employees safe when applying physical restraint measures with a student.
(c) Evidence-based skills training that involves positive behavioral interventions
and supports, safe physical escort, conflict prevention, understanding
antecedents, a continuum of de-escalation techniques, and conflict
management.
(d)First aid and cardiopulmonary resuscitation techniques.
(e)Environmental management techniques.
(f)Nationally recognized physical management and restraint practices, including
techniques that allow restraint in an upright or sitting position, and
information regarding the dangers of utilizing prone restraint measures.
(g)Methods of explaining the use of restraint to the student who is to be
restrained and to the student's parent or other legal guardian.
4. Report all instances where seclusion or physical restraint is used to address student
behavior to the Dept. of Education.
Requires the Dept. of Education to maintain a database of all reported incidents of seclusion
and physical restraint of a student and to disaggregate the data for analysis by school; student
age, race, ethnicity, and gender; student disability, where applicable; and any involved
school employee.
Present law (R.S. 17:3996(B)) provides relative to the laws applicable to public schools from
which charter schools are not exempt.
Proposed law adds proposed law to the list of statutory requirements that apply to charter
schools.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends R.S. 17:7(5)(b); adds R.S. 17:416.21 and 3996(B)(28))