Public schools would limit restraint and seclusion of students

Public school governing bodies would allow physical restraint or seclusion only when a student presents an immediate danger of serious physical harm and less restrictive steps are not enough. The rules would cover public schools, but not public schools in county juvenile detention centers or state-operated juvenile facilities. Schools could not use chemical or mechanical restraint, prone restraint, or seclusion without continuous line-of-sight supervision. Restraint or seclusion would have to stop when the immediate danger ends and could not block the student's breathing or communication. A student who is leaving an assigned area could be restrained only when the same serious-danger conditions are met; otherwise, a physical escort may be appropriate. Time-out could not be used as punishment.

Local school boards or governing bodies would create school safety plans and train designated employees on safer behavior supports, de-escalation, restraint, and seclusion. The plans would apply to public schools and could cover schoolwide practices, not individual students. Plans would need department approval and input from a special education expert and a person certified in behavior supports, de-escalation, and restraint techniques. Plans would need separate procedures for students who leave assigned areas and strategies for returning a restrained or secluded student to class. Designated employees would train every two years and during the year a new employee is hired; the department would approve the training. At least one administrator at each public school would receive training on the required prohibited practices, safer interventions, and elopement. Training would occur every two years and in the same year that a new school employee is hired.

Public schools would notify parents and document each use of physical restraint or seclusion, then review repeated uses with trained staff. The procedures would cover every public school use of physical restraint or seclusion and would also apply when a school calls law enforcement instead of using those techniques. Schools would notify a parent the same day unless circumstances prevent it, in which case notice would be due within 24 hours. Within three school days, schools would provide a department form describing the behavior, reason, attempted safer steps, duration, location, techniques, staff involved, and staff training date. A school would review strategies when restraint or seclusion occurs more than once during a school year. Parents could request a meeting of the student's education or support team after any incident. The parent notice would be due the same day or within 24 hours, and the detailed form would be due within three school days after the incident.