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Regular Session, 2011 ENROLLED
SENATE BILL NO. 59
BY SENATORS DONAHUE, ALARIO, APPEL, BROOME, CHABERT, CHEEK,
CROWE, DORSEY, GUILLORY, HEITMEIER, JACKSON,
LAFLEUR, LONG, MARTINY, MURRAY, NEVERS, PETERSON,
QUINN, RISER, WALSWORTH AND WILLARD-LEWIS AND
REPRESENTATIVES AUBERT, BARRAS, BARROW, BURRELL,
CARTER, FOIL, GUILLORY, HARDY, MICHAEL JACKSON,
LAFONTA, LORUSSO, NORTON, PEARSON, SCHRODER, SIMON,
ST. GERMAIN, TALBOT AND THIBAUT
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
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
seclusion, physical restraint, and mechanical restraint of students with18
exceptionalities as defined in R.S. 17:1942 , in accordance with the Administrative19
ACT No. 328 SB NO. 59 ENROLLED
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Procedure Act.1
* * *2
§416.21. Behavior of students with exceptionalities; use of seclusion and3
physical restraint4
A. As used in this Section:5
(1) "Imminent risk of harm" means an immediate and impending threat6
of a person causing substantial physical injury to self or others.7
(2)(a) "Mechanical restraint" means the application of any device or8
object used to limit a person's movement.9
(b) Mechanical restraint does not include:10
(i) A protective or stabilizing device used in strict accordance with the11
manufacturer's instructions for proper use and which is used in compliance12
with orders issued by an appropriately licensed health care provider.13
(ii) Any device used by a duly licensed law enforcement officer in the14
execution of his official duties.15
(3)(a) "Physical restraint" means bodily force used to limit a person's16
movement.17
(b) Physical restraint does not include:18
(i) Consensual, solicited, or unintentional contact.19
(ii) Holding of a student, by a school employee, for less than five minutes20
in any given hour or class period for the protection of the student or others.21
(iii) Holding of a student, by one school employee, for the purpose of22
calming or comforting the student, provided the student's freedom of movement23
or normal access to his or her body is not restricted.24
(iv) Minimal physical contact for the purpose of safely escorting a25
student from one area to another.26
(v) Minimal physical contact for the purpose of assisting the student in27
completing a task or response.28
(4) "Positive behavior interventions and support" means a systematic29
approach to embed evidence-based practices and data-driven decision making30 SB NO. 59 ENROLLED
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when addressing student behavior in order to improve school climate and1
culture.2
(5) "Seclusion" means a procedure that isolates and confines a student3
in a separate room or area until he or she is no longer an immediate danger to4
self or others.5
(6) "Seclusion room" means a room or other confined area, used on an6
individual basis, in which a student is removed from the regular classroom7
setting for a limited time to allow the student the opportunity to regain control8
in a private setting and from which the student is involuntarily prevented from9
leaving.10
(7) "School employee" means a teacher, paraprofessional,11
administrator, support staff member, or a provider of related services.12
(8) "Written guidelines and procedures" means the written guidelines13
and procedures adopted by a school's governing authority regarding14
appropriate responses to student behavior that may require immediate15
intervention.16
B. (1) Seclusion shall be used only:17
(a) For behaviors that involve an imminent risk of harm.18
(b) As a last resort when de-escalation attempts have failed and the19
student continues to pose an imminent threat to self or others.20
(2) Seclusion shall not be used to address behaviors such as general21
noncompliance, self-stimulation, and academic refusal. Such behaviors shall be22
responded to with less stringent and less restrictive techniques.23
(3)(a) A seclusion room shall be used only as a last resort if and when24
less restrictive measures, such as positive behavioral supports, constructive and25
non-physical de-escalation, and restructuring of a student's environment, have26
failed to stop a student's actions that pose an imminent risk of harm.27
(b) A student shall be placed in a seclusion room only by a school28
employee who uses accepted methods of escorting a student to a seclusion room,29
placing a student in a seclusion room, and supervising a student while he or she30 SB NO. 59 ENROLLED
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is in the seclusion room.1
(c) Only one student may be placed in a seclusion room at any given2
time, and the school employee supervising the student must be able to see and3
hear the student the entire time the student is placed in the seclusion room.4
(4) A seclusion room shall:5
(a) Be free of any object that poses a danger to the student placed in the6
room.7
(b) Have an observation window and be of a size that is appropriate for8
the student's size, behavior, and chronological and developmental age.9
(c) Have a ceiling height and heating, cooling, ventilation, and lighting10
systems comparable to operating classrooms in the school.11
C. (1) Physical restraint shall be used only:12
(a) When a student's behavior presents a threat of imminent risk of13
harm to self or others and only as a last resort to protect the safety of self and14
others.15
(b) To the degree necessary to stop dangerous behavior.16
(c) In a manner that causes no physical injury to the student, results in17
the least possible discomfort, and does not interfere in any way with a student's18
breathing or ability to communicate with others.19
(2) No student shall be subjected to any form of mechanical restraint.20
(3) No student shall be physically restrained in a manner that places21
excessive pressure on the student's chest or back or that causes asphyxia.22
(4) A student shall be physically restrained only in a manner that is23
directly proportionate to the circumstances and to the student's size, age, and24
severity of behavior.25
D. Seclusion and physical restraint shall not be used as a form of26
discipline or punishment, as a threat to control, bully, or obtain behavioral27
compliance, or for the convenience of school personnel.28
E. No student shall be subjected to unreasonable, unsafe, or29
unwarranted use of seclusion or physical restraint.30 SB NO. 59 ENROLLED
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F. A student shall not be placed in seclusion or physically restrained if1
he or she is known to have any medical or psychological condition that2
precludes such action, as certified by a licensed health care provider in a written3
statement provided to the school in which the student is enrolled.4
G. A student who has been placed in seclusion or has been physically5
restrained shall be monitored continuously. Such monitoring shall be6
documented at least every fifteen minutes and adjustments made accordingly,7
based upon observations of the student's behavior.8
H. A student shall be removed from seclusion or released from physical9
restraint as soon as the reasons for justifying such action have subsided.10
I.(1) The parent or other legal guardian of a student who has been11
placed in seclusion or physically restrained shall be notified as soon as possible.12
The student's parent or other legal guardian shall also be notified in writing,13
within twenty-four hours, of each incident of seclusion or physical restraint.14
Such notice shall include the reason for such seclusion or physical restraint, the15
procedures used, the length of time of the student's seclusion or physical16
restraint, and the names and titles of any school employee involved.17
(2) The director or supervisor of special education shall be notified any18
time a student is placed in seclusion or is physically restrained.19
J. A school employee who has placed a student in seclusion or who has20
physically restrained a student shall document and report each incident in21
accordance with the policies adopted by the school's governing authority. Such22
report shall be submitted to the school principal not later than the school day23
immediately following the day on which the student was placed in seclusion or24
physically restrained and a copy shall be provided to the student's parent or25
legal guardian.26
K. If a student is involved in five incidents in a single school year27
involving the use of physical restraint or seclusion, the student's Individualized28
Education Plan team shall review and revise the student's behavior intervention29
plan to include any appropriate and necessary behavioral supports.30 SB NO. 59 ENROLLED
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L. The documentation compiled for a student who has been placed in1
seclusion or has been physically restrained and whose challenging behavior2
continues or escalates shall be reviewed at least once every three weeks.3
M.(1) The governing authority of each public elementary and secondary4
school shall adopt written guidelines and procedures regarding:5
(a) Reporting requirements and follow-up procedures.6
(b) Notification requirements for school officials and a student's parent7
or other legal guardian.8
(c) An explanation of the methods of physical restraint and the school9
employee training requirements relative to the use of restraint.10
(2) These guidelines and procedures shall be provided to all school11
employees and every parent of a child with an exceptionality.12
N.(1) The governing authority of each public elementary and secondary13
school shall report all instances where seclusion or physical restraint is used to14
address student behavior to the Department of Education.15
(2) The Department of Education shall maintain a database of all16
reported incidents of seclusion and physical restraint of students with17
exceptionalities and shall disaggregate the data for analysis by school; student18
age, race, ethnicity, and gender; student disability, where applicable; and any19
involved school employees.20
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§3996. Charter schools; exemptions; requirements22
* * *23
B. Notwithstanding any state law, rule, or regulation to the contrary and24
except as may be otherwise specifically provided for in an approved charter, a25
charter school established and operated in accordance with the provisions of this26
Chapter and its approved charter and the school's officers and employees shall be27
exempt from all statutory mandates or other statutory requirements that are28
applicable to public schools and to public school officers and employees except for29
the following laws otherwise applicable to public schools with the same grades:30 SB NO. 59 ENROLLED
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* * *1
(28) Seclusion and physical restraint of students with exceptionalities,2
R.S. 17:416.21.3
* * *4
Section 2. This Act shall become effective upon signature by the governor or, if not5
signed by the governor, upon expiration of the time for bills to become law without signature6
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If7
vetoed by the governor and subsequently approved by the legislature, this Act shall become8
effective on the day following such approval.9
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: