FLORIDA STATUTE 1003.573

Restraint and Seclusion

HB 1073

Amends several statutes that are not part of school code - s. 393.067, F.S., Facility licensure, - relates to facilities

for individuals with disabilities s. 393.13, F.S., Treatment of persons with

developmental disabilities s. 402.305, F.S., Licensing standards; child care

facilities – relates to requirements for 40 clock-hour introductory course

HB 1073 RESTRAINT AND SECLUSION

Prohibited Restraint – School personnel may not use a mechanical restraint or a manual physical restraint that restricts a student’s breathing

Seclusion – School personnel may not close, lock, or physically block a student in a room that is unlit and does not meet the rules of the State Fire Marshal for seclusion time-out rooms

**NEW RESTRAINT & SECLUSION (HB 1073)

Florida Statute 1003.573Definitions Restraint

Restrict a student’s movement or restrict the normal function of a student’s body

Including: straps, belts, tie-downs, calming blankets, and chairs with straps

Used for coercion, discipline, convenience, retaliation or any other behavior management reason

Seclusion Removing a student from

the educational environment

Involuntarily confining the student in a room or area

Preventing the student from leaving the room or area

Physically blocking the student’s way

**Does not include Time-Out

**NEW RESTRAINT & SECLUSION (HB 1073)

Florida Statute 1003.573Definitions Time Out – Access to varied sources of

reinforcement is removed or reduced for a particular time period contingent on a response For a specific amount of time May not be locked or exit may not be blocked Physical force or threats may not be used to place a

student in Time Out

**NEW RESTRAINT & SECLUSION (HB 1073)

Seclusion – Time Out FL 1003.573. (4)(a) “School personnel may not place a student in seclusion.” Time Out can only be used if it is part of a Positive Behavioral Intervention Plan

(BIP) from the student’s FBA and referenced in the IEP Documentation of other positive behavioral support interventions used prior to

the time out Time Out takes place in the classroom or another environment where class

educational activities are taking place Student is not physically prevented from leaving time out area Free of any action likely to embarrass or humiliate the student May not exceed 1 minute per one year of age Must end immediately when student is calm enough to return to his or her seat Time Out may not be used as a punishment or negative consequence of a

student’s behavior

**NEW RESTRAINT & SECLUSION (HB 1073)

Concerns Inappropriately selected & implemented as treatment or

behavioral intervention instead of a safety procedure Inappropriately used for behavior: Noncompliance, threats, or

disruption Use of restraint & seclusion may inadvertently reinforce or

strengthen the problem behavior Restraint & seclusion is implemented independent of a

comprehensive, function-based behavior intervention plan When used there is a failure to use data to analyze & address

the cause of the precipitating behavior

HB 1073

Creates s. 1003.573, F.S., Use of monitoring, and reduction of unnecessary seclusion and restraint on students with disabilities

Law has 3 areas of focus Documentation and incident reporting Monitoring School district policies and procedures

HB 1073 NECESSARY DOCUMENTATION

Schools must prepare an incident report within 24 hours after the student is released from restraint or seclusion

The incident report must include: the name of the student the date, time, and duration of restraint/seclusion the location at which the restraint/seclusion occurred the type of restraint used the name of the person using or assisting in the

restraint/seclusion the name of any nonstudent who was present to witness the

restraint/seclusion

HB 1073 NECESSARY DOCUMENTATION

The incident report must also include a description of context in which the restraint/seclusion occurred student’s behavior leading up to and precipitating use of

manual physical restraint/seclusion, including why there was an imminent risk of serious injury or death to the student or others

specific positive behavior strategies used to prevent and deescalate behavior

what occurred with student immediately after incident injury, visible marks, or possible medical emergencies evidence of steps made to notify student’s parent

HB 1073 REPORTING

Two separate reporting requirements that must occur each time restraint or seclusion is used

Reporting on the day of incident (notification) Notify the parent in writing and provide by the end of the

same school day the restraint/seclusion occurs; AND Make reasonable efforts to notify the parent/guardian by

phone or e-mail, or both; AND Obtain parent/guardian’s signature to acknowledge receipt of

notification; AND Keep records of parent’s/guardian’s acknowledgement

HB 1073REPORTING

Incident report – the school must provide the parent/guardian with the incident report

in writing by mail within 3 school days of the student being restrained or secluded

obtain the parent’s/guardian’s signature acknowledging receipt of the incident report

keep records of the signed acknowledgement

**NEW RESTRAINT & SECLUSION (HB 1073)

Describe what was happening at the time the incident occurred The activity or type of

interaction the student was involved in prior to the behavior that resulted in restraint

Student’s behavior leading up to & precipitating decision to use restraint

Describe what the student was doing prior to & during the incident that required the use of restraint.

What was the behavior that warranted the use of restraint?

Incident Report

**NEW RESTRAINT & SECLUSION (HB 1073)

Describe specific Positive Behavior Strategies used to prevent/deescalate the behavior. Clearly describe any & all

intervention/strategies, unique to this student, used (long term & immediate) before this particular restraint occurred.

How was it determined that there was an imminent risk or serious injury or death to the student or others?

Describe what occurred with student immediately after termination of restraint.

Describe any injuries, visible marks, or medical emergencies that occurred during restraint.

Incident Report

**NEW RESTRAINT & SECLUSION (HB 1073)

Florida Statute - Section 1003.573

Notify the parent/guardian of a student each time manual physical restraint or seclusion is used.

Notification must be documented in writing

Before the end of the school day when restraint or seclusion occurred

Obtain signed acknowledgement by parent/guardian of notification of restraint or seclusion (maintain a copy for records)

Provide completed incident report in writing by mail within 3 school days to parent/guardian

Obtain signed acknowledgement by parent/guardian of incident report (maintain a copy for records)

HB 1073MONITORING

Monitoring of the use of manual physical restraint/seclusion must occur in the classroom, school, district, and state level

Beginning July 1, 2010, restraint/seclusion incident reports must be provided to the school principal, ESE Director, FDOE electronically each month

FDOE will disaggregate the data by county, school, disability, and update information monthly

HB 1073 POLICIES AND PROCEDURES

Districts must develop policies and procedures for incident reporting procedures data collection monitoring and reporting of data collection

Must be submitted as part of the Special Policies and Procedures (SP&P) by January 31, 2011

OCR RESTRAINT/SECLUSION REPORTING

Includes all students School level Reporting period = school year (begins 2009-

10) Includes demographics: gender, race/ethnicity,

LEP, 504

OCR RESTRAINT/SECLUSION REPORTING

Action taken Subjected to mechanical restraint Subjected to physical restraint Subjected to seclusion

Unduplicated count of students within action taken

Number of instances

OCR RESTRAINT/SECLUSION REPORTING

2009-10 data will be reported in Fall 2010 (Department is developing reporting method)

2010-11 reported through student database

QUESTIONS