Today's Law As Amended


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AB-519 Pupil discipline: restraint and seclusion.(2011-2012)



As Amends the Law Today


SECTION 1.

 Article 5.2 (commencing with Section 49005) is added to Chapter 6 of Part 27 of Division 4 of Title 2 of the Education Code, to read:

Article  5.2. Restraint and Seclusion
49005.
 The following definitions apply to this article:
(a) “Chemical restraint” means the administration of a drug or medication to manage a pupil’s behavior or restrict a pupil’s freedom of movement that is not a standard treatment and dosage for the pupil’s medical or psychiatric condition.
(b) “Department” means the State Department of Education.
(c) (1) “Educational provider” means an entity or a person that does both of the following:
(A) Receives support in any form from a program supported in whole or in part with funds appropriated by the department.
(B) Provides educational or related services, support, or other assistance to individuals in a public or private elementary or secondary school.
(2) Educational provider includes all local educational agencies, including charter schools, the California School for the Deaf, the California School for the Blind, nonpublic schools, and nonpublic agencies, including both in-state and out-of-state nonpublic schools and nonpublic agencies.
(d) “IDEA pupil” means a pupil identified as a child with a disability, as that phrase is defined in Section 1401(3)(A) of Title 20 of the United States Code.
(e) “Mechanical restraint” means the use of a device or equipment to restrict a pupil’s freedom of movement. “Mechanical restraint” does not include the use of devices or equipment by trained school personnel, or by a pupil who has been prescribed use of the device or equipment by an appropriate medical or related services professional, if the device or equipment is used for the specific and approved purpose for which the device or equipment was designed, which shall include, but not be limited to, all of the following:
(1) Adaptive devices or mechanical supports used to achieve proper body position, balance, or alignment to allow greater freedom of mobility than would be possible without the use of such devices or mechanical supports.
(2) Vehicle safety restraints when used as intended during the transport of a pupil in a moving vehicle.
(3) Restraints for medical immobilization.
(4) Orthopedically prescribed devices that permit a pupil to participate in activities without risk of harm.
(f) “Nondisabled pupil” means a pupil who is neither an IDEA pupil nor a Section 504 pupil.
(g) “Physical restraint” means a personal restriction that immobilizes or reduces the ability of a pupil to move his or her torso, arms, legs, or head freely. “Physical restraint” does not include a physical escort, which means a temporary touching or holding of the hand, wrist, arm, shoulder, or back for the purpose of inducing a pupil who is acting out to walk to a safe location.
(h) “Seclusion” means the involuntary confinement of a pupil alone in a room or area from which the pupil is physically prevented from leaving. “Seclusion” does not include a timeout, which is a behavior management technique that is part of an approved program, that involves the monitored separation of the pupil in a nonlocked setting, and is implemented for the purpose of calming.
(i) “Section 504 pupil” means a pupil who only receives services or accommodations guaranteed under Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794).
49006.
 (a) An educational provider may use physical or mechanical restraint or seclusion if all of the following conditions are met:
(1) To prevent imminent serious physical harm to the pupil, a staff member of the educational provider, or others.
(2) After the educational provider, or its staff, has determined that less restrictive alternatives and positive behavioral supports are ineffective.
(3) The physical or mechanical restraint or seclusion ends immediately upon cessation of the situation described in paragraph (1) or (2).
(b) A seclusion room utilized by an educational provider shall comply with both of the following requirements:
(1) Fulfill a fire clearance from the local fire authority.
(2) Be safe and free of hazards, including, but not limited to, objects or fixtures that can be broken or used by a pupil to inflict injury.
49007.
 An educational provider shall not do any of the following:
(a) Use chemical restraint.
(b) Use physical or mechanical restraint or seclusion for the purpose of coercion, discipline, convenience, or retaliation by staff of the educational provider.
(c) Use physical or mechanical restraint techniques that restrict breathing, including, but not limited to, using a pillow, blanket, or other item to cover a pupil’s face.
(d) Use an improvised mechanical restraint device such as a sheet or belt.
(e) Use seclusion unless a staff member of the educational provider, who is free from other responsibilities at the time, maintains direct visual observation of the pupil at all times.
(f) Deprive a pupil of sleep, food, hydration, or access to bathroom facilities.
49008.
 (a) The department shall establish a mandatory system of data collection regarding the use of physical and mechanical restraint and seclusion that is consistent, timely, and publicly accessible.
(b) An educational provider shall annually report all data collected pursuant to subdivision (a) to the department. The data reported shall include the name of the educational provider and all of the following information from the previous academic year:
(1) The number of IDEA pupils subjected to physical restraint, mechanical restraint, or seclusion, with a separate number provided for each type of restraint and seclusion.
(2) The number of Section 504 pupils subjected to physical restraint, mechanical restraint, or seclusion, with a separate number provided for each type of restraint and seclusion.
(3) The number of nondisabled pupils subjected to physical restraint, mechanical restraint, or seclusion, with a separate number provided for each type of restraint and seclusion.
(4) The race or ethnicity and sex of IDEA pupils subjected to physical restraint, mechanical restraint, or seclusion, with a separate record provided for each type of restraint and seclusion.
(5) The race or ethnicity and sex of nondisabled pupils subjected to physical restraint, mechanical restraint, or seclusion, with a separate record provided for each type of restraint and seclusion.
(6) The number of instances of physical restraint of IDEA pupils, Section 504 pupils, and nondisabled pupils, with a separate number provided for each type of pupil.
(7) The number of instances of mechanical restraint of IDEA pupils, Section 504 pupils, and nondisabled pupils, with a separate number provided for each type of pupil.
(8) The number of instances of seclusion of IDEA pupils, Section 504 pupils, and nondisabled pupils, with a separate number provided for each type of pupil.
SEC. 2.
 It is the intent of the Legislature that the data collection and reporting requirements contained in this act be conducted in compliance with the requirements of the Civil Rights Data Collection of the United States Department of Education’s Office for Civil Rights imposed pursuant to Sections 100.6(b) and 104.61 of Title 34 of the Code of Federal Regulations, and impose no new duties or higher level of service on local educational agencies.
SEC. 3.
 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution for certain costs that may be incurred by a local agency or school district because in that regard this act implements a federal law or regulation and results only in costs mandated by the federal government, within the meaning of Section 17556 of the Government Code.
However, if the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.