New Jersey Assembly Bill A4503

New Jersey 2024-2025 Regular Session

• Introduced: 6/6/24
• Refer: 6/6/24

Caption

Extends requirements on use of restraint and seclusion to all students; requires immediate parental notification; requires DOE to collect and report data regarding use of restraint and seclusion on students.

Impact

The bill's enactment would necessitate school districts, educational services commissions, and approved private schools to enhance their protocols by ensuring that, in cases where restraint or seclusion is applied, the parents or guardians are notified immediately. They must receive a comprehensive written report within 48 hours of the incident. Furthermore, schools are required to engage parents who have children subjected to these measures on multiple occasions to discuss behavioral improvement plans, thereby encouraging communication and collaboration between families and educational institutions.

Summary

Assembly Bill A4503 amends and supplements existing New Jersey legislation regarding the use of physical restraint and seclusion in public schools. Originally established by P.L.2017, c.291, this bill extends the provisions governing these practices to all students, not just those with disabilities. Key components include strict guidelines for when physical restraint or seclusion may be employed, emphasizing their use only in emergency situations where a student poses immediate danger to themselves or others. The bill mandates that restraints should not be executed in a prone position without explicit physician approval.

Contention

Notable among the bill's provisions is the requirement for ongoing training of staff in safe restraint techniques, which must be updated annually. Additionally, the Department of Education is tasked with creating standards for proper monitoring and documentation of each restraint or seclusion incident, ensuring transparency and protecting student rights. While proponents argue this will create safer school environments and prevent the misuse of these techniques, critics may voice concerns regarding how effectively schools will implement these changes and monitor compliance, particularly in ensuring that restraints are only used as a last resort.