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).