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Regular Session, 2011
SENATE BILL NO. 59
BY SENATORS DONAHUE, ALARIO, APPEL, BROOME, CHABERT, CHEEK,
CROWE, DORSEY, GUILLORY, HEI TMEIER, JACKSON,
LAFLEUR, LONG, MARTINY, MURRAY, NEVERS, PETERSON,
QUINN, RISER, WALSWORTH AND WILLARD-LEWIS AND
REPRESENTATIVES FOIL, HARDY, SCHRODER AND SIMON
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 the
behavior of students with exceptionalities.
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 the behavior of students with exceptionalities; to4
provide for definitions; to provide relative to rules, guidelines, and procedures; to5
provide for reporting and documentation; to provide for parental notification; and to6
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. Behavior of students with exceptionalities; use of seclusion and5
physical restraint6
A. As used in this Section:7
(1) "Imminent risk of harm" means an immediate and impending threat8
of a person causing substantial physical injury to self or others.9
(2)(a) "Mechanical restraint" means the application of any device or10
object used to limit a person's movement.11
(b) Mechanical restraint does not include:12
(i) A protective or stabilizing device used in strict accordance with the13
manufacturer's instructions for proper use and which is used in compliance14
with orders issued by an appropriately licensed health care provider.15
(ii) Any device used by a duly licensed law enforcement officer in the16
execution of his official duties.17
(3)(a) "Physical restraint" means bodily force used to limit a person's18
movement.19
(b) Physical restraint does not include:20
(i) Consensual, solicited, or unintentional contact.21
(ii) Holding of a student, by a school employee, for less than five minutes22
in any given hour or class period for the protection of the student or others.23
(iii) Holding of a student, by one school employee, for the purpose of24
calming or comforting the student, provided the student's freedom of movement25
or normal access to his or her body is not restricted.26
(iv) Minimal physical contact for the purpose of safely escorting a27
student from one area to another.28
(v) Minimal physical contact for the purpose of assisting the student in29 SB NO. 59
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completing a task or response.1
(4) "Positive behavior interventions and support" means a systematic2
approach to embed evidence-based practices and data-driven decision making3
when addressing student behavior in order to improve school climate and4
culture.5
(5) "Seclusion" means a procedure that isolates and confines a student6
in a separate room or area until he or she is no longer an immediate danger to7
self or others.8
(6) "Seclusion room" means a room or other confined area, used on an9
individual basis, in which a student is removed from the regular classroom10
setting for a limited time to allow the student the opportunity to regain control11
in a private setting and from which the student is involuntarily prevented from12
leaving.13
(7) "School employee" means a teacher, paraprofessional,14
administrator, support staff member, or a provider of related services.15
(8) "Written guidelines and procedures" means the written guidelines16
and procedures adopted by a school's governing authority regarding17
appropriate responses to student behavior that may require immediate18
intervention.19
B. (1) Seclusion shall be used only:20
(a) For behaviors that involve an imminent risk of harm.21
(b) As a last resort when de-escalation attempts have failed and the22
student continues to pose an imminent threat to self or others.23
(2) Seclusion shall not be used to address behaviors such as general24
noncompliance, self-stimulation, and academic refusal. Such behaviors shall be25
responded to with less stringent and less restrictive techniques.26
(3)(a) A seclusion room shall be used only as a last resort if and when27
less restrictive measures, such as positive behavioral supports, constructive and28
non-physical de-escalation, and restructuring of a student's environment, have29 SB NO. 59
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failed to stop a student's actions that pose an imminent risk of harm.1
(b) A student shall be placed in a seclusion room only by a school2
employee who uses 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
C. (1) Physical restraint shall be used only:16
(a) When a student's behavior presents a threat of imminent risk of17
harm to self or others and only as a last resort to protect the safety of self and18
others.19
(b) To the degree necessary to stop dangerous behavior.20
(c) In a manner that causes no physical injury to the student, results in21
the least possible discomfort, and does not interfere in any way with a student's22
breathing or ability to communicate with others.23
(2) No student shall be subjected to any form of mechanical restraint.24
(3) No student shall be physically restrained in a manner that places25
excessive pressure on the student's chest or back or that causes asphyxia.26
(4) A school employee shall apply physical restraint only in a manner27
that is directly proportionate to the circumstances and to the student's size, age,28
and severity of behavior.29 SB NO. 59
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D. Seclusion and physical restraint shall not be used as a form of1
discipline or punishment, as a threat to control, bully, or obtain behavioral2
compliance, or for the convenience of school personnel.3
E. No student shall be subjected to unreasonable, unsafe, or4
unwarranted use of seclusion or physical restraint.5
F. A student shall not be placed in seclusion or physically restrained if6
he or she is known to have any medical or psychological condition that7
precludes such action, as certified by a licensed health care provider in a written8
statement provided to the school in which the student is enrolled.9
G. A student who has been placed in seclusion or has been physically10
restrained shall be monitored continuously. Such monitoring shall be11
documented at least every fifteen minutes and adjustments made accordingly,12
based upon observations of the student's behavior.13
H. A student shall be removed from seclusion or released from physical14
restraint as soon as the reasons for justifying such action have subsided.15
I.(1) The parent or other legal guardian of a student who has been16
placed in seclusion or physically restrained shall be notified as soon as possible.17
The student's parent or other legal guardian shall also be notified in writing,18
within twenty-four hours, of each incident of seclusion or physical restraint.19
Such notice shall include the reason for such seclusion or physical restraint, the20
procedures used, the length of time of the student's seclusion or physical21
restraint, and the names and titles of any school employee involved.22
(2) The director or supervisor of special education shall be notified any23
time a student is placed in seclusion or is physically restrained.24
J. A school employee who has placed a student in seclusion or who has25
physically restrained a student shall document and report each incident in26
accordance with the policies adopted by the school's governing authority. Such27
report shall be submitted to the school principal not later than the school day28
immediately following the day on which the student was placed in seclusion or29 SB NO. 59
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physically restrained and a copy shall be provided to the student's parent or1
legal guardian.2
K. If a student is involved in five incidents in a single school year3
involving the use of physical restraint or seclusion, the student's Individualized4
Education Plan team shall review and revise the student's behavior intervention5
plan to include any appropriate and necessary behavioral supports.6
L. The documentation compiled for a student who has been placed in7
seclusion or has been physically restrained and whose challenging behavior8
continues or escalates shall be reviewed at least once every three weeks.9
M.(1) The governing authority of each public elementary and secondary10
school shall adopt written guidelines and procedures regarding:11
(a) Reporting requirements and follow-up procedures.12
(b) Notification requirements for school officials and a student's parent13
or other legal guardian.14
(c) An explanation of the methods of physical restraint and the school15
employee training requirements relative to the use of restraint.16
(2) These guidelines and procedures shall be provided to all school17
employees and every parent of a child with an exceptionality.18
N.(1) The governing authority of each public elementary and secondary19
school shall report all instances where seclusion or physical restraint is used to20
address student behavior to the Department of Education.21
(2) The Department of Education shall maintain a database of all22
reported incidents of seclusion and physical restraint of students with23
exceptionalities and shall disaggregate the data for analysis by school; student24
age, race, ethnicity, and gender; student disability, where applicable; and any25
involved school employees.26
* * *27
§3996. Charter schools; exemptions; requirements28
* * *29 SB NO. 59
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B. Notwithstanding any state law, rule, or regulation to the contrary and1
except as may be otherwise specifically provided for in an approved charter, a2
charter school established and operated in accordance with the provisions of this3
Chapter and its approved charter and the school's officers and employees shall be4
exempt from all statutory mandates or other statutory requirements that are5
applicable to public schools and to public school officers and employees except for6
the following laws otherwise applicable to public schools with the same grades:7
* * *8
(28) Seclusion and physical restraint of students with exceptionalities,9
R.S. 17:416.21.10
Section 2. This Act shall become effective upon signature by the governor or, if not11
signed by the governor, upon expiration of the time for bills to become law without signature12
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If13
vetoed by the governor and subsequently approved by the legislature, this Act shall become14
effective on the day following such approval.15
The original instrument was prepared by Jeanne Johnston. The following
digest, which does not constitute a part of the legislative instrument, was
prepared by Cathy Wells.
DIGEST
Donahue (SB 59)
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.
Proposed law additionally requires BESE to prepare and adopt rules, in accordance with the
Administrative Procedure Act, for the appropriate use of seclusion and restraint for such
students.
Proposed law provides with respect to the use of seclusion and physical restraint in response
to the behavior of students with exceptionalities 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 SB NO. 59
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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 by a school employee for less than five minutes in any
given hour or class period for the protection of the student or others.
(c) Holding of a student, by one school employee, 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.
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. SB NO. 59
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2. A student may only be placed in a seclusion room by a school employee who uses
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 shall:
(a)Be 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.
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 any student from being physically restrained in a manner that places excessive
pressure on the student's chest or back or that causes asphyxia.
Provides that a school employee shall only apply physical restraint in a manner that is
directly proportionate to the circumstances and to the student's size, age, and severity 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.
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 SB NO. 59
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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.
Provides that if a student is involved in five incidents in a single school year that involve the
use of physical restraint or seclusion, the student's Individualized Education Plan team must
review and revise the student's behavior intervention plan to include any appropriate and
necessary behavioral supports.
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 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 every parent of a child with an
exceptionality.
3. 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 students with exceptionalities 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)) SB NO. 59
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Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Education to the
original bill.
1. Limits applicability of the bill to students with exceptionalities and deletes
provisions no longer needed to such limitation.
2. Removes school employee training requirements.
3. Removes requirement that a seclusion room remain unlocked.
4. Removes prohibition against a student being kept in seclusion or physically
restrained for more than 15 minutes.
5. Requires modification in a student's behavior intervention plan when
incidents involving seclusion or restraint reach specified threshold.
6. Removes requirement that the school principal assign one school employee
to oversee the use of seclusion and physical restraint.
8. Requires that every parent of a child with an exceptionality receive a copy
of the school's policy regarding the use of seclusion and restraint.
Senate Floor Amendments to engrossed bill.
1. Makes technical corrections.
2. Adds prohibition against a student being physically restrained in a manner
that places excessive pressure on the student's chest or back or that causes
asphyxia.