CHAPTER
5.6. Restraint and Seclusion
56526.The Legislature finds and declares all of the following:
(a)Schools have a responsibility to ensure that all pupils are treated with respect and dignity in an environment that provides for the physical safety and security of pupils and staff.
(b)Restraint may cause trauma and injury to both the individual subjected to these techniques and the personnel executing them.
(c)Restraint should be used only to ensure the immediate safety of the pupil, other pupils, and staff when a pupil poses an imminent risk of serious physical harm to himself or herself or others.
56527.56526.
For purposes of this chapter, the following definitions apply:(a) “Chemical restraint” means the administration of a drug or medication to manage a pupil’s behavior 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, supports, 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) “Mechanical restraint” means the use of a mechanical device, material, or equipment attached or adjacent to the pupil’s body that he or she cannot easily remove that restricts the freedom of movement of
all or part of a pupil’s body, or restricts normal access to, or normal function of, the pupil’s body. Mechanical restraint does not include mechanical devices, material, or equipment used for postural support, during transportation, or used to improve the mobility and independent functioning of a pupil rather than to restrict movement.
(e) “Physical restraint” means the use of a manual hold to restrict freedom of movement of all or part of a pupil’s body, or to restrict normal access to the pupil’s body. Physical restraint is a staff-to-pupil physical contact in which the pupil unwillingly participates. Physical restraint does not include briefly holding a pupil without undue force in order to calm or comfort or to prevent unsafe behavior, such as running into traffic or engaging in a physical altercation, or physical contact intended to gently assist or prompt a pupil in performing a task, to provide instruction, or to guide or assist a pupil
from one area to another.
(f) “Pupil” means an individual with exceptional needs as defined in Section 56026.
56528.56527.
(a) An educational provider shall not use physical restraint for the purpose of coercion, punishment, convenience, or retaliation by staff, or as an extended procedure beyond an immediate emergency.(b) An educational provider shall avoid the use of prone restraint techniques whenever possible.
56529.56528.
An educational provider shall not use any of the following:(a) A physical restraint technique that inhibits or impedes a pupil’s ability to breathe, including a staff member placing pressure on a pupil’s back or his or her body weight against the pupil’s torso or back, a pillow, blanket, or other item covering the pupil’s face as part of a physical restraint, or placing a pupil in a facedown position with the pupil’s hands held or restrained behind his or her back.
(b) A physical restraint technique when
there is reason to believe that its use would endanger the pupil’s life or seriously exacerbate the medical, psychological, or physical condition of the pupil. Known risk factors include obesity, agitated or excited syndromes, preexisting heart disease, and respiratory conditions, including bronchitis or asthma.
(c) Chemical restraint, except as otherwise licensed to prescribe and administer medication.
(d) Mechanical restraint or any improvised restraint device, such as a sheet or belt.
56530.56529.
(a) An educational provider may use physical restraint in an emergency situation if all of the following conditions are met, unless otherwise stated in a pupil’s individualized education program and approved behavioral intervention plan:(1) Physical restraint is required to prevent imminent serious physical harm to the pupil, staff, or others.
(2) The educational provider has determined that less Less
restrictive alternatives are ineffective.
(3) Physical restraint is not employed for longer or with more force than is necessary to prevent the imminent serious physical harm.
(4) A staff member is continuously present and keeps the pupil under constant face-to-face observation for signs of distress or difficulty breathing.
(5) The staff member applying the restraint is trained in emergency interventions, including the use of physical restraint, and applies the techniques consistent with district-approved procedures or training.
(b) An educational provider may use physical restraint as a component of a pupil’s behavioral intervention plan if all of the following conditions are met:
(1) The behavioral intervention plan has been developed and approved by the pupil’s individualized education program team following a functional analysis assessment pursuant to Section 3052 of Title 5 of the California Code of Regulations.
(2) Physical restraint is required to prevent a targeted and imminent dangerous behavior that poses serious physical harm to the pupil, staff, or others.
(3) Physical restraint is not to be employed for longer or with more force than is necessary to prevent the targeted dangerous behavior.
(4) A staff member is continuously present and keeps the pupil under constant face-to-face observation for signs of distress or difficulty breathing.
(5) The staff member
applying the restraint is trained in implementation of the pupil’s behavioral intervention plan, including the use of physical restraint, and applies the physical restraint consistent with district-approved procedures or training.
(6) The individualized education program team reviews data regarding the frequency of the targeted behavior and the use of physical restraint.
(c) If physical restraint is used as provided in this section, the educational provider shall ensure that professional personnel and support personnel are adequately trained in behavioral or emergency interventions and procedures, as appropriate.
56534.56530.
(a) It is the intent of the Legislature that, except where this chapter may grant more protections, this chapter shall be interpreted as being consistent with Chapter 5.5 (commencing with Section 56520) of Part 30 and its implementing regulations commencing with Section 3052 of Title 5 of the California Code of Regulations.(b) It is also the intent of the Legislature to monitor the implementation of this chapter and to encourage stakeholders, including, but not limited to, disability rights advocacy groups, representatives of education
educational providers, and education educational organizations to voluntarily make recommendations for future legislation and budget augmentations on the topic of seclusion.