S.F. 2030 Section 1. Section 256.7, Code 2018, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 33. Adopt rules establishing a statewide 3 policy in conformance with section 280.21C relating to physical 4 restraint and seclusion practices, training, and prohibitions. 5 The policy shall set forth evidence-based techniques and 6 strategies for preventing the use of restraint and seclusion 7 by schools; establish certification requirements for the 8 training program developed and approved pursuant to section 9 256.9, subsection 60; identify practices that keep school 10 personnel and students safe if physical restraint or seclusion 11 is necessary, including but not limited to positive behavioral 12 interventions, supports, and strategies; and identify the 13 minimum health and safety measures a school must utilize to 14 prevent or respond to conditions that may result in the use of 15 restraint or seclusion by the school. 16 Sec. 2. Section 256.9, Code 2018, is amended by adding the 17 following new subsection: 18 NEW SUBSECTION . 60. Develop and approve, in cooperation 19 with the board of educational examiners and the area education 20 agencies, a training program that includes but is not limited 21 to the following: 22 a. A curriculum for practitioners and paraeducators 23 that includes evidence-based techniques and strategies for 24 preventing the use of restraint and seclusion by schools; 25 practices that keep school personnel and students safe 26 if physical restraint or seclusion is necessary; positive 27 behavioral interventions, supports, and strategies; behavioral 28 antecedents, functional behavioral assessments, de-escalation 29 of challenging behaviors, and conflict prevention and 30 management; safe physical escort; first aid, including the 31 signs of medical distress, and cardiopulmonary resuscitation. 32 b. Certification of training in state restraint and 33 seclusion policies and procedures. 34 Sec. 3. NEW SECTION . 280.21C Seclusion and restraint 35 -1- LSB 5255XS (4) 87 kh/rj 1/ 14

S.F. 2030 interventions —— requirements. 1 1. Definitions. For purposes of this section, unless the 2 context otherwise requires: 3 a. “Chemical restraint” means a drug or medication 4 administered to a student to control behavior or restrict 5 freedom of movement that is not prescribed, or administered 6 as prescribed, by a licensed physician or a qualified health 7 care professional prescriber for the standard treatment of a 8 student’s medical or psychiatric condition. 9 b. “Mechanical restraint” means the use of a device as 10 a means of restricting a student’s freedom of movement. 11 “Mechanical restraint” does not mean a device used by trained 12 school personnel, or used by a student, for the specific and 13 approved therapeutic or safety purposes for which such a 14 device was designed and, if applicable, prescribed, including 15 a restraint for medical immobilization, adaptive device or 16 mechanical support used to allow greater freedom of mobility 17 than would be possible without the use of such a device or 18 mechanical support, and a vehicle safety restraint when used as 19 intended during the transport of a student in a moving vehicle. 20 c. “Physical escort” means the temporary touching or holding 21 of the hand, wrist, arm, shoulder, waist, hip, or back for the 22 purpose of inducing a student to move to a safe location. 23 d. “Physical restraint” means a personal restriction 24 that immobilizes or reduces the ability of a student to move 25 the student’s arms, legs, body, or head freely. “Physical 26 restraint” does not include a physical escort, mechanical 27 restraint, or chemical restraint. 28 e. “Positive behavioral interventions and supports” means 29 a school-wide systematic approach to embed evidence-based 30 practices and data-driven decision-making to improve school 31 climate and culture in order to achieve improved academic 32 and social outcomes, and increase learning for all students, 33 including those students with the most complex and intensive 34 behavioral needs; and which encompasses a range of systemic 35 -2- LSB 5255XS (4) 87 kh/rj 2/ 14

S.F. 2030 and individualized positive strategies to reinforce desired 1 behaviors, diminish the reoccurrence of challenging behaviors, 2 and teach appropriate behaviors to students. 3 f. “School” means a public or accredited nonpublic school 4 and includes an area education agency if the agency or its 5 personnel seeks to use physical restraint or seclusion. 6 g. “Seclude” or “seclusion” means the involuntary 7 confinement of a student alone in a room or area from which the 8 student is physically prevented from leaving. “Seclude” or 9 “seclusion” does not include a time-out. 10 h. “Time-out” means a behavior management technique that 11 may involve the separation of a student from the group, in 12 a nonlocked setting, for the purpose of calming, and may be 13 written into an individualized education program. “Time-out” 14 does not mean seclusion. 15 2. Actions prohibited —— exceptions. 16 a. Except as provided in this section, a school employee, a 17 person under a contract to provide services to a school, or a 18 volunteer shall not impose on any student any of the following: 19 (1) Seclusion. 20 (2) Mechanical restraint. 21 (3) Chemical restraint. 22 (4) Aversive behavioral interventions that compromise 23 health or safety. 24 (5) Physical restraint that is life-threatening, including 25 but not limited to physical restraint that restricts breathing. 26 (6) Physical restraint if contraindicated based on the 27 student’s disability, health care needs, or medical or 28 psychiatric condition, as documented in a health care directive 29 or medical management plan, a behavior intervention plan, an 30 individualized education program, or other relevant record made 31 available to the school district, accredited nonpublic school, 32 or area education agency. 33 b. Physical restraint of a student, using only the amount 34 of force necessary to protect the student or others from 35 -3- LSB 5255XS (4) 87 kh/rj 3/ 14

S.F. 2030 the threatened physical harm, may be implemented by school 1 personnel qualified under subsection 3 only under the following 2 conditions: 3 (1) The student’s behavior poses an immediate danger of 4 serious physical harm to self or others. 5 (2) The physical restraint does not interfere with the 6 student’s ability to communicate in the student’s primary 7 language or mode of communication. 8 (3) Less restrictive interventions have been ineffective in 9 ceasing the immediate danger of serious physical harm to the 10 student or others, except in the case of a clearly unavoidable 11 emergency situation posing an immediate danger of serious 12 physical harm. 13 (4) The physical restraint is implemented in a manner that, 14 based on research and evidence, is safe, appropriate, and 15 proportionate to and sensitive to the student’s severity of 16 behavior, chronological and developmental age, physical size, 17 gender, physical condition, medical condition, psychiatric 18 condition, and personal history, including any history of 19 physical or sexual abuse or other trauma. 20 c. The use of physical restraint shall immediately cease 21 under any of the following conditions: 22 (1) A medical condition occurs putting the student at risk 23 of harm. 24 (2) The student’s behavior no longer poses an immediate 25 danger of serious physical harm to the student or others. 26 (3) Less restrictive interventions would be effective in 27 ceasing such immediate danger of serious physical harm. 28 d. Upon the initial implementation of physical restraint of 29 a student, school personnel shall contact key identified school 30 employees for help from within the attendance center either 31 immediately at the onset of an emergency situation or, if it is 32 reasonable under the particular situation for school personnel 33 to believe that diverting attention from the situation would 34 increase the risk to the safety of the student or to the safety 35 -4- LSB 5255XS (4) 87 kh/rj 4/ 14

S.F. 2030 of others, as soon as possible once the conditions no longer 1 support such a belief. 2 e. If, in an emergency situation in which a student’s 3 behavior poses an immediate danger of serious physical harm 4 to the student or others, less restrictive interventions 5 have proven ineffective in ceasing the immediate danger, a 6 student may be placed in seclusion under all of the following 7 conditions: 8 (1) The seclusion does not interfere with the student’s 9 ability to breathe or communicate. 10 (2) A practitioner, paraeducator, or health care 11 professional carefully, continuously, and visually monitors the 12 student while the student is in seclusion. 13 f. Emergency seclusion shall not be used longer than 14 necessary, based on research and evidence, to allow a student 15 to regain composure to the point that the emergency situation 16 necessitating the use of emergency seclusion ceases and 17 generally no longer than fifteen minutes for an elementary 18 school student or twenty minutes for a secondary school 19 student. If an emergency seclusion lasts longer than fifteen 20 minutes for an elementary school student or twenty minutes for 21 a secondary school student, the school district or nonpublic 22 school must provide for the following: 23 (1) Additional support, which may include a change of 24 staff, or introducing a nurse, specialist, or additional key 25 identified school employees. 26 (2) Documentation to explain the extension beyond the time 27 period specified in this paragraph “f” . 28 3. Qualifications of individuals imposing physical restraint 29 or seclusion. School personnel imposing physical restraint or 30 seclusion on a student in accordance with this section shall 31 meet the following conditions: 32 a. Be trained and certified under a training program 33 approved under section 256.9, subsection 60, except in the case 34 of clearly unavoidable emergency situations when trained and 35 -5- LSB 5255XS (4) 87 kh/rj 5/ 14

S.F. 2030 certified school personnel are not immediately available due 1 to the unforeseeable nature of the emergency situation. The 2 principal of an attendance center shall identify one or more 3 key school employees who shall be trained and certified under a 4 training program approved under section 256.9, subsection 60. 5 b. Engage in continuous visual monitoring of the student as 6 required by subsection 2, paragraph “e” . 7 4. Use of physical restraint or seclusion as planned 8 intervention. The use of physical restraint or seclusion as 9 a planned intervention shall not be written into a student’s 10 individualized education program or any other planning document 11 prepared for an individual student unless agreed upon by school 12 administrators, the parent or guardian of the student, and the 13 individualized education team or other key identified school 14 employees and the following conditions have been met: 15 a. All parties to the agreement have considered less 16 restrictive means to address behavioral concerns that would 17 meet the emergency action conditions described in subsection 2. 18 b. The individualized education team or other key 19 identified school employees have conducted a research-based, 20 individualized functional behavioral assessment and implemented 21 a corresponding positive intervention plan that addresses 22 preventative measures used to reduce or prevent emergencies and 23 is written into the student’s individualized education program 24 or a planning document prepared for the individual student. 25 5. School responsibilities. The board of directors of each 26 school district and the authorities in charge of a nonpublic 27 school shall do the following: 28 a. Establish policies and procedures that ensure school 29 personnel and parents and guardians are aware of the state 30 board of education’s rules, the department’s guidance, and 31 the school district’s or school’s policies, as appropriate, 32 regarding physical restraint and seclusion. 33 b. Establish policies and procedures to be followed after 34 each incident involving the imposition of physical restraint 35 -6- LSB 5255XS (4) 87 kh/rj 6/ 14

S.F. 2030 or seclusion upon a student, including but not limited to the 1 following: 2 (1) Procedures to provide to the parent or guardian of 3 the student, with respect to each such incident, a verbal or 4 electronic communication on the same day as each such incident 5 and, within twenty-four hours of each such incident, written 6 notification. 7 (2) Procedures to ensure that the person who imposed 8 a physical restraint or seclusion, any adult witness, a 9 representative of the administration, a school mental health 10 professional, and at least one family member or the guardian 11 of the student participate in a debriefing session. The 12 procedures shall ensure that the student who was physically 13 restrained or secluded is given the opportunity to discuss the 14 student’s perspective about the event with a trusted adult who 15 will communicate to the debriefing session group. 16 c. The debriefing session described in paragraph “b” , 17 subparagraph (2), shall occur as soon as practicable, but 18 not later than five school days following the imposition of 19 physical restraint or seclusion unless it is delayed by written 20 mutual agreement of the parent or guardian and the school 21 district or nonpublic school. 22 (1) Each adult witness in the proximity of the student 23 immediately before and during the time of the physical 24 restraint or seclusion but not directly involved shall submit 25 the witness’s observations in writing for the debriefing 26 session. 27 (2) The debriefing session shall include the following: 28 (a) Identification of antecedents to the physical restraint 29 or seclusion and consideration of relevant information in the 30 student’s records, and such information from teachers, other 31 professionals, the parent or guardian, and student. 32 (b) Planning to prevent and reduce reoccurrence of the use 33 of physical restraint or seclusion, including consideration 34 of the results of any functional behavioral assessments, 35 -7- LSB 5255XS (4) 87 kh/rj 7/ 14

S.F. 2030 whether positive behavior plans were implemented with fidelity, 1 and recommendations of appropriate positive behavioral 2 interventions and supports to assist school personnel 3 responsible for the student’s individualized educational 4 program or other planning document prepared for the individual 5 student. 6 (c) A plan to have a functional behavioral assessment 7 conducted, reviewed, or revised by qualified professionals, the 8 parent or guardian, and the student. 9 (3) Information communicated by a student attending a 10 debriefing session in accordance with this subsection shall not 11 be used against the student in any disciplinary, criminal, or 12 civil investigation or proceeding. 13 6. Prohibition against retaliation. The board of directors 14 of a school district and the authorities in charge of a 15 nonpublic school, and the employees of such school district 16 or nonpublic school, shall not retaliate against any person 17 for having reported or having provided information regarding a 18 violation of this section or a violation of the rules adopted 19 by the state board to administer this section. 20 Sec. 4. STATE MANDATE FUNDING SPECIFIED. In accordance 21 with section 25B.2, subsection 3, the state cost of requiring 22 compliance with any state mandate included in this Act shall 23 be paid by a school district from state school foundation aid 24 received by the school district under section 257.16. This 25 specification of the payment of the state cost shall be deemed 26 to meet all of the state funding-related requirements of 27 section 25B.2, subsection 3, and no additional state funding 28 shall be necessary for the full implementation of this Act 29 by and enforcement of this Act against all affected school 30 districts. 31 EXPLANATION 32 The inclusion of this explanation does not constitute agreement with 33 the explanation’s substance by the members of the general assembly. 34 This bill establishes training requirements, procedures, 35 -8- LSB 5255XS (4) 87 kh/rj 8/ 14

S.F. 2030 and prohibitions relating to the use of physical restraint and 1 seclusion by school districts, accredited nonpublic schools, 2 and area education agencies. 3 STATE BOARD OF EDUCATION RULES —— POLICY. The state board of 4 education is directed to adopt rules establishing a statewide 5 policy in conformance with new Code section 280.21C, relating 6 to physical restraint and seclusion practices, training, and 7 prohibitions. 8 TRAINING CURRICULUM AND CERTIFICATION BY DEPARTMENT. The 9 director of the department of education is required to develop 10 and approve, in cooperation with the board of educational 11 examiners and the area education agencies, certification in 12 state restraint and seclusion policies and procedures and 13 a training program that includes but is not limited to a 14 curriculum for practitioners and paraeducators that includes 15 evidence-based techniques and strategies for preventing the use 16 of physical restraint and seclusion by schools; practices that 17 keep school personnel and students safe if physical restraint 18 or seclusion is necessary; positive behavioral interventions, 19 supports, and strategies; behavioral antecedents, functional 20 behavioral assessments, de-escalation of challenging behaviors, 21 and conflict prevention and management; safe physical escort; 22 and first aid, including the signs of medical distress, and 23 cardiopulmonary resuscitation. 24 DEFINITIONS. The bill defines “chemical restraint” 25 to mean a drug or medication administered to a student 26 to control behavior or restrict freedom of movement that 27 is not prescribed, or administered as prescribed, by a 28 licensed physician or a qualified health care professional 29 prescriber for the standard treatment of a student’s medical 30 or psychiatric condition; “mechanical restraint” to mean the 31 use of devices as a means of restricting a student’s freedom 32 of movement, but not devices used by trained school personnel 33 or a student for therapeutic or safety purposes for which such 34 devices were designed and, if applicable, prescribed. 35 -9- LSB 5255XS (4) 87 kh/rj 9/ 14

S.F. 2030 “Physical escort” means temporary touching or holding for 1 the purpose of inducing a student to move to a safe location; 2 “physical restraint” means a personal restriction that 3 immobilizes or reduces the ability of an individual to move 4 freely, but does not include a physical escort, mechanical 5 restraint, or chemical restraint; “positive behavioral 6 interventions and supports” means a school-wide systematic 7 approach to embed evidence-based practices and data-driven 8 decision-making to improve school climate and culture in order 9 to achieve improved academic and social outcomes, and increase 10 learning for all students, and which encompasses a range of 11 systemic and individualized positive strategies to reinforce 12 desired behaviors, diminish reoccurrence of challenging 13 behaviors, and teach appropriate behaviors to students; 14 “seclude” or “seclusion” means the involuntary confinement 15 of a student alone in a room or area from which the student 16 is physically prevented from leaving, but does not include a 17 time-out; and “time-out” means a behavior management technique 18 that may involve the separation of a student from the group, 19 in a nonlocked setting, for the purpose of calming, and may be 20 written into an individualized education program. 21 ACTIONS PROHIBITED —— EXCEPTIONS. Except in emergency 22 situations, the bill prohibits a school employee, person under 23 contract to provide services to the school, or volunteer from 24 imposing on any student seclusion, mechanical restraint, 25 chemical restraint, aversive behavioral interventions that 26 compromise health or safety, or physical restraint that is 27 life-threatening or contraindicated based on the student’s 28 documented disability, health care needs, or medical or 29 psychiatric condition. 30 Physical restraint, using only the amount of force necessary 31 to protect the student or others from the threatened harm, 32 may be implemented only if the student’s behavior poses 33 immediate danger of serious physical harm to self or others, 34 the physical restraint does not interfere with the student’s 35 -10- LSB 5255XS (4) 87 kh/rj 10/ 14

S.F. 2030 ability to communicate, less restrictive interventions have 1 been ineffective, except in the case of a clearly unavoidable 2 emergency situation, and the physical restraint is performed in 3 a manner that is safe, appropriate, and proportionate to and 4 sensitive to the student’s severity of behavior, chronological 5 and developmental age, physical size, gender, physical 6 condition, medical condition, psychiatric condition, and 7 personal history, including any history of physical or sexual 8 abuse or other trauma. 9 The use of physical restraint must immediately cease when 10 a medical condition occurs putting the student at risk of 11 harm, the student’s behavior no longer poses immediate danger 12 of serious physical harm to the student or others, and less 13 restrictive interventions would be effective in stopping such 14 immediate danger of serious physical harm. 15 Upon the initial implementation of physical restraint, 16 school personnel must contact key identified employees for help 17 from within the attendance center either immediately at the 18 onset of an emergency situation or as soon as possible. 19 Seclusion may be used in an emergency situation in which a 20 student’s behavior poses immediate danger of serious physical 21 harm to the student or others and restrictive interventions 22 have proven ineffective in ceasing the immediate danger. 23 However, the seclusion cannot interfere with the student’s 24 ability to breathe or communicate, and a practitioner, 25 paraeducator, or health professional must carefully, 26 continuously, and visually monitor the student while the 27 student is in seclusion. 28 Emergency seclusion shall not be used longer than necessary, 29 generally no longer than 15 minutes for an elementary school 30 student or 20 minutes for a secondary school student. For 31 longer periods, schools must provide for additional support, 32 which may include a change of staff, or introducing a nurse, 33 specialist, or additional key identified school employees, and 34 documentation to explain the extension beyond the time limit. 35 -11- LSB 5255XS (4) 87 kh/rj 11/ 14

S.F. 2030 QUALIFICATIONS OF INDIVIDUALS IMPOSING PHYSICAL RESTRAINT 1 OR SECLUSION. School personnel imposing physical restraint 2 or seclusion must engage in continuous visual monitoring of 3 the student and, except in the case of clearly unavoidable 4 emergency situations when school personnel trained and 5 certified are not immediately available, must be trained and 6 certified in state physical restraint and seclusion policies 7 and procedures. The school principal must identify at least 8 one or more school employees who shall be trained and certified 9 under a training program approved by the department. 10 USE OF PHYSICAL RESTRAINT OR SECLUSION AS PLANNED 11 INTERVENTION. The use of physical restraint or seclusion as 12 a planned intervention shall not be written into a student’s 13 education plan or any other planning document for an individual 14 student unless agreed upon in writing by school administrators, 15 the parent or guardian of the student, and the individualized 16 education team or other key identified school employees; the 17 parties to the agreement considered less restrictive means 18 to address behavioral concerns that would meet the emergency 19 standard; and the individualized education team or other key 20 identified school employees have conducted a research-based, 21 individualized functional behavioral assessment and implemented 22 a corresponding positive intervention plan that addresses 23 preventative measures used to reduce or prevent emergencies and 24 is written into the student’s individualized education program 25 or other planning document prepared for the individual student. 26 SCHOOL RESPONSIBILITIES. The board of directors of each 27 school district and the authorities in charge of a nonpublic 28 school are required to establish policies and procedures 29 that ensure school personnel and parents and guardians are 30 aware of the state and local rules, guidance, or policies, as 31 appropriate, regarding seclusion and restraint. 32 School districts and nonpublic schools also must establish 33 policies and procedures to be followed after each incident 34 of physical restraint or seclusion, verbal or electronic 35 -12- LSB 5255XS (4) 87 kh/rj 12/ 14

S.F. 2030 notification of the parent or guardian on the same day as the 1 incident, followed by written notification within 24 hours of 2 the incident; procedures to ensure that parties to the incident 3 participate in a debriefing session; and procedures for giving 4 the student who was restrained or secluded the opportunity to 5 discuss the event with a trusted adult who will communicate to 6 the debriefing session group. 7 The debriefing session shall occur as soon as practicable, 8 but not later than five school days following the imposition of 9 physical restraint or seclusion unless it is delayed by written 10 mutual agreement. Adult witnesses who were not directly 11 involved in the incident shall submit their observations in 12 writing. The debriefing session shall include identification 13 of antecedents to the physical restraint or seclusion and 14 consideration of relevant information in the student’s records; 15 planning to prevent and reduce reoccurrence of the use of 16 physical restraint or seclusion; a plan to have a functional 17 behavioral assessment conducted, reviewed, or revised by 18 qualified professionals, the parent or guardian, and the 19 student; and, when a student attends a debriefing session, 20 information communicated by the student may not be used against 21 the student. 22 PROHIBITION AGAINST RETALIATION. School districts and 23 nonpublic schools, and their employees, are prohibited from 24 retaliating against any person for reporting or providing 25 information regarding a violation of the bill, or a violation 26 of the rules adopted by the state board for the implementation 27 of the bill. 28 STATE MANDATE. The bill may include a state mandate as 29 defined in Code section 25B.3. The bill requires that the 30 state cost of any state mandate included in the bill be 31 paid by a school district from state school foundation aid 32 received by the school district under Code section 257.16. The 33 specification is deemed to constitute state compliance with 34 any state mandate funding-related requirements of Code section 35 -13- LSB 5255XS (4) 87 kh/rj 13/ 14