Print
Senate File 2030 - IntroducedA Bill ForAn Act 1relating to school-related physical restraint and
2seclusion policies, practices, training, and prohibitions.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 256.7, Code 2018, is amended by adding
2the following new subsection:
3 NEW SUBSECTION. 33. Adopt rules establishing a statewide
4policy in conformance with section 280.21C relating to physical
5restraint and seclusion practices, training, and prohibitions.
6The policy shall set forth evidence-based techniques and
7strategies for preventing the use of restraint and seclusion
8by schools; establish certification requirements for the
9training program developed and approved pursuant to section
10256.9, subsection 60; identify practices that keep school
11personnel and students safe if physical restraint or seclusion
12is necessary, including but not limited to positive behavioral
13interventions, supports, and strategies; and identify the
14minimum health and safety measures a school must utilize to
15prevent or respond to conditions that may result in the use of
16restraint or seclusion by the school.
17 Sec. 2. Section 256.9, Code 2018, is amended by adding the
18following new subsection:
19 NEW SUBSECTION. 60. Develop and approve, in cooperation
20with the board of educational examiners and the area education
21agencies, a training program that includes but is not limited
22to the following:
23a. A curriculum for practitioners and paraeducators
24that includes evidence-based techniques and strategies for
25preventing the use of restraint and seclusion by schools;
26practices that keep school personnel and students safe
27if physical restraint or seclusion is necessary; positive
28behavioral interventions, supports, and strategies; behavioral
29antecedents, functional behavioral assessments, de-escalation
30of challenging behaviors, and conflict prevention and
31management; safe physical escort; first aid, including the
32signs of medical distress, and cardiopulmonary resuscitation.
33b. Certification of training in state restraint and
34seclusion policies and procedures.
35 Sec. 3. NEW SECTION. 280.21C Seclusion and restraint
-1-1interventions — requirements.
21. Definitions. For purposes of this section, unless the
3context otherwise requires:
4a. “Chemical restraint” means a drug or medication
5administered to a student to control behavior or restrict
6freedom of movement that is not prescribed, or administered
7as prescribed, by a licensed physician or a qualified health
8care professional prescriber for the standard treatment of a
9student’s medical or psychiatric condition.
10b. “Mechanical restraint” means the use of a device as
11a means of restricting a student’s freedom of movement.
12“Mechanical restraint” does not mean a device used by trained
13school personnel, or used by a student, for the specific and
14approved therapeutic or safety purposes for which such a
15device was designed and, if applicable, prescribed, including
16a restraint for medical immobilization, adaptive device or
17mechanical support used to allow greater freedom of mobility
18than would be possible without the use of such a device or
19mechanical support, and a vehicle safety restraint when used as
20intended during the transport of a student in a moving vehicle.
21c. “Physical escort” means the temporary touching or holding
22of the hand, wrist, arm, shoulder, waist, hip, or back for the
23purpose of inducing a student to move to a safe location.
24d. “Physical restraint” means a personal restriction
25that immobilizes or reduces the ability of a student to move
26the student’s arms, legs, body, or head freely. “Physical
27restraint” does not include a physical escort, mechanical
28restraint, or chemical restraint.
29e. “Positive behavioral interventions and supports” means
30a school-wide systematic approach to embed evidence-based
31practices and data-driven decision-making to improve school
32climate and culture in order to achieve improved academic
33and social outcomes, and increase learning for all students,
34including those students with the most complex and intensive
35behavioral needs; and which encompasses a range of systemic
-2-1and individualized positive strategies to reinforce desired
2behaviors, diminish the reoccurrence of challenging behaviors,
3and teach appropriate behaviors to students.
4f. “School” means a public or accredited nonpublic school
5and includes an area education agency if the agency or its
6personnel seeks to use physical restraint or seclusion.
7g. “Seclude” or “seclusion” means the involuntary
8confinement of a student alone in a room or area from which the
9student is physically prevented from leaving. “Seclude” or
10“seclusion” does not include a time-out.
11h. “Time-out” means a behavior management technique that
12may involve the separation of a student from the group, in
13a nonlocked setting, for the purpose of calming, and may be
14written into an individualized education program. “Time-out”
15does not mean seclusion.
162. Actions prohibited — exceptions.
17a. Except as provided in this section, a school employee, a
18person under a contract to provide services to a school, or a
19volunteer shall not impose on any student any of the following:
20(1) Seclusion.
21(2) Mechanical restraint.
22(3) Chemical restraint.
23(4) Aversive behavioral interventions that compromise
24health or safety.
25(5) Physical restraint that is life-threatening, including
26but not limited to physical restraint that restricts breathing.
27(6) Physical restraint if contraindicated based on the
28student’s disability, health care needs, or medical or
29psychiatric condition, as documented in a health care directive
30or medical management plan, a behavior intervention plan, an
31individualized education program, or other relevant record made
32available to the school district, accredited nonpublic school,
33or area education agency.
34b. Physical restraint of a student, using only the amount
35of force necessary to protect the student or others from
-3-1the threatened physical harm, may be implemented by school
2personnel qualified under subsection 3 only under the following
3conditions:
4(1) The student’s behavior poses an immediate danger of
5serious physical harm to self or others.
6(2) The physical restraint does not interfere with the
7student’s ability to communicate in the student’s primary
8language or mode of communication.
9(3) Less restrictive interventions have been ineffective in
10ceasing the immediate danger of serious physical harm to the
11student or others, except in the case of a clearly unavoidable
12emergency situation posing an immediate danger of serious
13physical harm.
14(4) The physical restraint is implemented in a manner that,
15based on research and evidence, is safe, appropriate, and
16proportionate to and sensitive to the student’s severity of
17behavior, chronological and developmental age, physical size,
18gender, physical condition, medical condition, psychiatric
19condition, and personal history, including any history of
20physical or sexual abuse or other trauma.
21c. The use of physical restraint shall immediately cease
22under any of the following conditions:
23(1) A medical condition occurs putting the student at risk
24of harm.
25(2) The student’s behavior no longer poses an immediate
26danger of serious physical harm to the student or others.
27(3) Less restrictive interventions would be effective in
28ceasing such immediate danger of serious physical harm.
29d. Upon the initial implementation of physical restraint of
30a student, school personnel shall contact key identified school
31employees for help from within the attendance center either
32immediately at the onset of an emergency situation or, if it is
33reasonable under the particular situation for school personnel
34to believe that diverting attention from the situation would
35increase the risk to the safety of the student or to the safety
-4-1of others, as soon as possible once the conditions no longer
2support such a belief.
3e. If, in an emergency situation in which a student’s
4behavior poses an immediate danger of serious physical harm
5to the student or others, less restrictive interventions
6have proven ineffective in ceasing the immediate danger, a
7student may be placed in seclusion under all of the following
8conditions:
9(1) The seclusion does not interfere with the student’s
10ability to breathe or communicate.
11(2) A practitioner, paraeducator, or health care
12professional carefully, continuously, and visually monitors the
13student while the student is in seclusion.
14f. Emergency seclusion shall not be used longer than
15necessary, based on research and evidence, to allow a student
16to regain composure to the point that the emergency situation
17necessitating the use of emergency seclusion ceases and
18generally no longer than fifteen minutes for an elementary
19school student or twenty minutes for a secondary school
20student. If an emergency seclusion lasts longer than fifteen
21minutes for an elementary school student or twenty minutes for
22a secondary school student, the school district or nonpublic
23school must provide for the following:
24(1) Additional support, which may include a change of
25staff, or introducing a nurse, specialist, or additional key
26identified school employees.
27(2) Documentation to explain the extension beyond the time
28period specified in this paragraph “f”.
293. Qualifications of individuals imposing physical restraint
30or seclusion. School personnel imposing physical restraint or
31seclusion on a student in accordance with this section shall
32meet the following conditions:
33a. Be trained and certified under a training program
34approved under section 256.9, subsection 60, except in the case
35of clearly unavoidable emergency situations when trained and
-5-1certified school personnel are not immediately available due
2to the unforeseeable nature of the emergency situation. The
3principal of an attendance center shall identify one or more
4key school employees who shall be trained and certified under a
5training program approved under section 256.9, subsection 60.
6b. Engage in continuous visual monitoring of the student as
7required by subsection 2, paragraph “e”.
84. Use of physical restraint or seclusion as planned
9intervention. The use of physical restraint or seclusion as
10a planned intervention shall not be written into a student’s
11individualized education program or any other planning document
12prepared for an individual student unless agreed upon by school
13administrators, the parent or guardian of the student, and the
14individualized education team or other key identified school
15employees and the following conditions have been met:
16a. All parties to the agreement have considered less
17restrictive means to address behavioral concerns that would
18meet the emergency action conditions described in subsection 2.
19b. The individualized education team or other key
20identified school employees have conducted a research-based,
21individualized functional behavioral assessment and implemented
22a corresponding positive intervention plan that addresses
23preventative measures used to reduce or prevent emergencies and
24is written into the student’s individualized education program
25or a planning document prepared for the individual student.
265. School responsibilities. The board of directors of each
27school district and the authorities in charge of a nonpublic
28school shall do the following:
29a. Establish policies and procedures that ensure school
30personnel and parents and guardians are aware of the state
31board of education’s rules, the department’s guidance, and
32the school district’s or school’s policies, as appropriate,
33regarding physical restraint and seclusion.
34b. Establish policies and procedures to be followed after
35each incident involving the imposition of physical restraint
-6-1or seclusion upon a student, including but not limited to the
2following:
3(1) Procedures to provide to the parent or guardian of
4the student, with respect to each such incident, a verbal or
5electronic communication on the same day as each such incident
6and, within twenty-four hours of each such incident, written
7notification.
8(2) Procedures to ensure that the person who imposed
9a physical restraint or seclusion, any adult witness, a
10representative of the administration, a school mental health
11professional, and at least one family member or the guardian
12of the student participate in a debriefing session. The
13procedures shall ensure that the student who was physically
14restrained or secluded is given the opportunity to discuss the
15student’s perspective about the event with a trusted adult who
16will communicate to the debriefing session group.
17c. The debriefing session described in paragraph “b”,
18subparagraph (2), shall occur as soon as practicable, but
19not later than five school days following the imposition of
20physical restraint or seclusion unless it is delayed by written
21mutual agreement of the parent or guardian and the school
22district or nonpublic school.
23(1) Each adult witness in the proximity of the student
24immediately before and during the time of the physical
25restraint or seclusion but not directly involved shall submit
26the witness’s observations in writing for the debriefing
27session.
28(2) The debriefing session shall include the following:
29(a) Identification of antecedents to the physical restraint
30or seclusion and consideration of relevant information in the
31student’s records, and such information from teachers, other
32professionals, the parent or guardian, and student.
33(b) Planning to prevent and reduce reoccurrence of the use
34of physical restraint or seclusion, including consideration
35of the results of any functional behavioral assessments,
-7-1whether positive behavior plans were implemented with fidelity,
2and recommendations of appropriate positive behavioral
3interventions and supports to assist school personnel
4responsible for the student’s individualized educational
5program or other planning document prepared for the individual
6student.
7(c) A plan to have a functional behavioral assessment
8conducted, reviewed, or revised by qualified professionals, the
9parent or guardian, and the student.
10(3) Information communicated by a student attending a
11debriefing session in accordance with this subsection shall not
12be used against the student in any disciplinary, criminal, or
13civil investigation or proceeding.
146. Prohibition against retaliation. The board of directors
15of a school district and the authorities in charge of a
16nonpublic school, and the employees of such school district
17or nonpublic school, shall not retaliate against any person
18for having reported or having provided information regarding a
19violation of this section or a violation of the rules adopted
20by the state board to administer this section.
21 Sec. 4. STATE MANDATE FUNDING SPECIFIED. In accordance
22with section 25B.2, subsection 3, the state cost of requiring
23compliance with any state mandate included in this Act shall
24be paid by a school district from state school foundation aid
25received by the school district under section 257.16. This
26specification of the payment of the state cost shall be deemed
27to meet all of the state funding-related requirements of
28section 25B.2, subsection 3, and no additional state funding
29shall be necessary for the full implementation of this Act
30by and enforcement of this Act against all affected school
31districts.
32EXPLANATION
33The inclusion of this explanation does not constitute agreement with
34the explanation’s substance by the members of the general assembly.
35This bill establishes training requirements, procedures,
-8-1and prohibitions relating to the use of physical restraint and
2seclusion by school districts, accredited nonpublic schools,
3and area education agencies.
4STATE BOARD OF EDUCATION RULES — POLICY. The state board of
5education is directed to adopt rules establishing a statewide
6policy in conformance with new Code section 280.21C, relating
7to physical restraint and seclusion practices, training, and
8prohibitions.
9TRAINING CURRICULUM AND CERTIFICATION BY DEPARTMENT. The
10director of the department of education is required to develop
11and approve, in cooperation with the board of educational
12examiners and the area education agencies, certification in
13state restraint and seclusion policies and procedures and
14a training program that includes but is not limited to a
15curriculum for practitioners and paraeducators that includes
16evidence-based techniques and strategies for preventing the use
17of physical restraint and seclusion by schools; practices that
18keep school personnel and students safe if physical restraint
19or seclusion is necessary; positive behavioral interventions,
20supports, and strategies; behavioral antecedents, functional
21behavioral assessments, de-escalation of challenging behaviors,
22and conflict prevention and management; safe physical escort;
23and first aid, including the signs of medical distress, and
24cardiopulmonary resuscitation.
25DEFINITIONS. The bill defines “chemical restraint”
26to mean a drug or medication administered to a student
27to control behavior or restrict freedom of movement that
28is not prescribed, or administered as prescribed, by a
29licensed physician or a qualified health care professional
30prescriber for the standard treatment of a student’s medical
31or psychiatric condition; “mechanical restraint” to mean the
32use of devices as a means of restricting a student’s freedom
33of movement, but not devices used by trained school personnel
34or a student for therapeutic or safety purposes for which such
35devices were designed and, if applicable, prescribed.
-9- 1“Physical escort” means temporary touching or holding for
2the purpose of inducing a student to move to a safe location;
3“physical restraint” means a personal restriction that
4immobilizes or reduces the ability of an individual to move
5freely, but does not include a physical escort, mechanical
6restraint, or chemical restraint; “positive behavioral
7interventions and supports” means a school-wide systematic
8approach to embed evidence-based practices and data-driven
9decision-making to improve school climate and culture in order
10to achieve improved academic and social outcomes, and increase
11learning for all students, and which encompasses a range of
12systemic and individualized positive strategies to reinforce
13desired behaviors, diminish reoccurrence of challenging
14behaviors, and teach appropriate behaviors to students;
15“seclude” or “seclusion” means the involuntary confinement
16of a student alone in a room or area from which the student
17is physically prevented from leaving, but does not include a
18time-out; and “time-out” means a behavior management technique
19that may involve the separation of a student from the group,
20in a nonlocked setting, for the purpose of calming, and may be
21written into an individualized education program.
22ACTIONS PROHIBITED — EXCEPTIONS. Except in emergency
23situations, the bill prohibits a school employee, person under
24contract to provide services to the school, or volunteer from
25imposing on any student seclusion, mechanical restraint,
26chemical restraint, aversive behavioral interventions that
27compromise health or safety, or physical restraint that is
28life-threatening or contraindicated based on the student’s
29documented disability, health care needs, or medical or
30psychiatric condition.
31Physical restraint, using only the amount of force necessary
32to protect the student or others from the threatened harm,
33may be implemented only if the student’s behavior poses
34immediate danger of serious physical harm to self or others,
35the physical restraint does not interfere with the student’s
-10-1ability to communicate, less restrictive interventions have
2been ineffective, except in the case of a clearly unavoidable
3emergency situation, and the physical restraint is performed in
4a manner that is safe, appropriate, and proportionate to and
5sensitive to the student’s severity of behavior, chronological
6and developmental age, physical size, gender, physical
7condition, medical condition, psychiatric condition, and
8personal history, including any history of physical or sexual
9abuse or other trauma.
10The use of physical restraint must immediately cease when
11a medical condition occurs putting the student at risk of
12harm, the student’s behavior no longer poses immediate danger
13of serious physical harm to the student or others, and less
14restrictive interventions would be effective in stopping such
15immediate danger of serious physical harm.
16Upon the initial implementation of physical restraint,
17school personnel must contact key identified employees for help
18from within the attendance center either immediately at the
19onset of an emergency situation or as soon as possible.
20Seclusion may be used in an emergency situation in which a
21student’s behavior poses immediate danger of serious physical
22harm to the student or others and restrictive interventions
23have proven ineffective in ceasing the immediate danger.
24However, the seclusion cannot interfere with the student’s
25ability to breathe or communicate, and a practitioner,
26paraeducator, or health professional must carefully,
27continuously, and visually monitor the student while the
28student is in seclusion.
29Emergency seclusion shall not be used longer than necessary,
30generally no longer than 15 minutes for an elementary school
31student or 20 minutes for a secondary school student. For
32longer periods, schools must provide for additional support,
33which may include a change of staff, or introducing a nurse,
34specialist, or additional key identified school employees, and
35documentation to explain the extension beyond the time limit.
-11- 1QUALIFICATIONS OF INDIVIDUALS IMPOSING PHYSICAL RESTRAINT
2OR SECLUSION. School personnel imposing physical restraint
3or seclusion must engage in continuous visual monitoring of
4the student and, except in the case of clearly unavoidable
5emergency situations when school personnel trained and
6certified are not immediately available, must be trained and
7certified in state physical restraint and seclusion policies
8and procedures. The school principal must identify at least
9one or more school employees who shall be trained and certified
10under a training program approved by the department.
11USE OF PHYSICAL RESTRAINT OR SECLUSION AS PLANNED
12INTERVENTION. The use of physical restraint or seclusion as
13a planned intervention shall not be written into a student’s
14education plan or any other planning document for an individual
15student unless agreed upon in writing by school administrators,
16the parent or guardian of the student, and the individualized
17education team or other key identified school employees; the
18parties to the agreement considered less restrictive means
19to address behavioral concerns that would meet the emergency
20standard; and the individualized education team or other key
21identified school employees have conducted a research-based,
22individualized functional behavioral assessment and implemented
23a corresponding positive intervention plan that addresses
24preventative measures used to reduce or prevent emergencies and
25is written into the student’s individualized education program
26or other planning document prepared for the individual student.
27SCHOOL RESPONSIBILITIES. The board of directors of each
28school district and the authorities in charge of a nonpublic
29school are required to establish policies and procedures
30that ensure school personnel and parents and guardians are
31aware of the state and local rules, guidance, or policies, as
32appropriate, regarding seclusion and restraint.
33School districts and nonpublic schools also must establish
34policies and procedures to be followed after each incident
35of physical restraint or seclusion, verbal or electronic
-12-1notification of the parent or guardian on the same day as the
2incident, followed by written notification within 24 hours of
3the incident; procedures to ensure that parties to the incident
4participate in a debriefing session; and procedures for giving
5the student who was restrained or secluded the opportunity to
6discuss the event with a trusted adult who will communicate to
7the debriefing session group.
8The debriefing session shall occur as soon as practicable,
9but not later than five school days following the imposition of
10physical restraint or seclusion unless it is delayed by written
11mutual agreement. Adult witnesses who were not directly
12involved in the incident shall submit their observations in
13writing. The debriefing session shall include identification
14of antecedents to the physical restraint or seclusion and
15consideration of relevant information in the student’s records;
16planning to prevent and reduce reoccurrence of the use of
17physical restraint or seclusion; a plan to have a functional
18behavioral assessment conducted, reviewed, or revised by
19qualified professionals, the parent or guardian, and the
20student; and, when a student attends a debriefing session,
21information communicated by the student may not be used against
22the student.
23PROHIBITION AGAINST RETALIATION. School districts and
24nonpublic schools, and their employees, are prohibited from
25retaliating against any person for reporting or providing
26information regarding a violation of the bill, or a violation
27of the rules adopted by the state board for the implementation
28of the bill.
29STATE MANDATE. The bill may include a state mandate as
30defined in Code section 25B.3. The bill requires that the
31state cost of any state mandate included in the bill be
32paid by a school district from state school foundation aid
33received by the school district under Code section 257.16. The
34specification is deemed to constitute state compliance with
35any state mandate funding-related requirements of Code section
-13-125B.2. The inclusion of this specification is intended to
2reinstate the requirement of political subdivisions to comply
3with any state mandates included in the bill.
-14-kh/rj
2seclusion policies, practices, training, and prohibitions.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 256.7, Code 2018, is amended by adding
2the following new subsection:
3 NEW SUBSECTION. 33. Adopt rules establishing a statewide
4policy in conformance with section 280.21C relating to physical
5restraint and seclusion practices, training, and prohibitions.
6The policy shall set forth evidence-based techniques and
7strategies for preventing the use of restraint and seclusion
8by schools; establish certification requirements for the
9training program developed and approved pursuant to section
10256.9, subsection 60; identify practices that keep school
11personnel and students safe if physical restraint or seclusion
12is necessary, including but not limited to positive behavioral
13interventions, supports, and strategies; and identify the
14minimum health and safety measures a school must utilize to
15prevent or respond to conditions that may result in the use of
16restraint or seclusion by the school.
17 Sec. 2. Section 256.9, Code 2018, is amended by adding the
18following new subsection:
19 NEW SUBSECTION. 60. Develop and approve, in cooperation
20with the board of educational examiners and the area education
21agencies, a training program that includes but is not limited
22to the following:
23a. A curriculum for practitioners and paraeducators
24that includes evidence-based techniques and strategies for
25preventing the use of restraint and seclusion by schools;
26practices that keep school personnel and students safe
27if physical restraint or seclusion is necessary; positive
28behavioral interventions, supports, and strategies; behavioral
29antecedents, functional behavioral assessments, de-escalation
30of challenging behaviors, and conflict prevention and
31management; safe physical escort; first aid, including the
32signs of medical distress, and cardiopulmonary resuscitation.
33b. Certification of training in state restraint and
34seclusion policies and procedures.
35 Sec. 3. NEW SECTION. 280.21C Seclusion and restraint
-1-1interventions — requirements.
21. Definitions. For purposes of this section, unless the
3context otherwise requires:
4a. “Chemical restraint” means a drug or medication
5administered to a student to control behavior or restrict
6freedom of movement that is not prescribed, or administered
7as prescribed, by a licensed physician or a qualified health
8care professional prescriber for the standard treatment of a
9student’s medical or psychiatric condition.
10b. “Mechanical restraint” means the use of a device as
11a means of restricting a student’s freedom of movement.
12“Mechanical restraint” does not mean a device used by trained
13school personnel, or used by a student, for the specific and
14approved therapeutic or safety purposes for which such a
15device was designed and, if applicable, prescribed, including
16a restraint for medical immobilization, adaptive device or
17mechanical support used to allow greater freedom of mobility
18than would be possible without the use of such a device or
19mechanical support, and a vehicle safety restraint when used as
20intended during the transport of a student in a moving vehicle.
21c. “Physical escort” means the temporary touching or holding
22of the hand, wrist, arm, shoulder, waist, hip, or back for the
23purpose of inducing a student to move to a safe location.
24d. “Physical restraint” means a personal restriction
25that immobilizes or reduces the ability of a student to move
26the student’s arms, legs, body, or head freely. “Physical
27restraint” does not include a physical escort, mechanical
28restraint, or chemical restraint.
29e. “Positive behavioral interventions and supports” means
30a school-wide systematic approach to embed evidence-based
31practices and data-driven decision-making to improve school
32climate and culture in order to achieve improved academic
33and social outcomes, and increase learning for all students,
34including those students with the most complex and intensive
35behavioral needs; and which encompasses a range of systemic
-2-1and individualized positive strategies to reinforce desired
2behaviors, diminish the reoccurrence of challenging behaviors,
3and teach appropriate behaviors to students.
4f. “School” means a public or accredited nonpublic school
5and includes an area education agency if the agency or its
6personnel seeks to use physical restraint or seclusion.
7g. “Seclude” or “seclusion” means the involuntary
8confinement of a student alone in a room or area from which the
9student is physically prevented from leaving. “Seclude” or
10“seclusion” does not include a time-out.
11h. “Time-out” means a behavior management technique that
12may involve the separation of a student from the group, in
13a nonlocked setting, for the purpose of calming, and may be
14written into an individualized education program. “Time-out”
15does not mean seclusion.
162. Actions prohibited — exceptions.
17a. Except as provided in this section, a school employee, a
18person under a contract to provide services to a school, or a
19volunteer shall not impose on any student any of the following:
20(1) Seclusion.
21(2) Mechanical restraint.
22(3) Chemical restraint.
23(4) Aversive behavioral interventions that compromise
24health or safety.
25(5) Physical restraint that is life-threatening, including
26but not limited to physical restraint that restricts breathing.
27(6) Physical restraint if contraindicated based on the
28student’s disability, health care needs, or medical or
29psychiatric condition, as documented in a health care directive
30or medical management plan, a behavior intervention plan, an
31individualized education program, or other relevant record made
32available to the school district, accredited nonpublic school,
33or area education agency.
34b. Physical restraint of a student, using only the amount
35of force necessary to protect the student or others from
-3-1the threatened physical harm, may be implemented by school
2personnel qualified under subsection 3 only under the following
3conditions:
4(1) The student’s behavior poses an immediate danger of
5serious physical harm to self or others.
6(2) The physical restraint does not interfere with the
7student’s ability to communicate in the student’s primary
8language or mode of communication.
9(3) Less restrictive interventions have been ineffective in
10ceasing the immediate danger of serious physical harm to the
11student or others, except in the case of a clearly unavoidable
12emergency situation posing an immediate danger of serious
13physical harm.
14(4) The physical restraint is implemented in a manner that,
15based on research and evidence, is safe, appropriate, and
16proportionate to and sensitive to the student’s severity of
17behavior, chronological and developmental age, physical size,
18gender, physical condition, medical condition, psychiatric
19condition, and personal history, including any history of
20physical or sexual abuse or other trauma.
21c. The use of physical restraint shall immediately cease
22under any of the following conditions:
23(1) A medical condition occurs putting the student at risk
24of harm.
25(2) The student’s behavior no longer poses an immediate
26danger of serious physical harm to the student or others.
27(3) Less restrictive interventions would be effective in
28ceasing such immediate danger of serious physical harm.
29d. Upon the initial implementation of physical restraint of
30a student, school personnel shall contact key identified school
31employees for help from within the attendance center either
32immediately at the onset of an emergency situation or, if it is
33reasonable under the particular situation for school personnel
34to believe that diverting attention from the situation would
35increase the risk to the safety of the student or to the safety
-4-1of others, as soon as possible once the conditions no longer
2support such a belief.
3e. If, in an emergency situation in which a student’s
4behavior poses an immediate danger of serious physical harm
5to the student or others, less restrictive interventions
6have proven ineffective in ceasing the immediate danger, a
7student may be placed in seclusion under all of the following
8conditions:
9(1) The seclusion does not interfere with the student’s
10ability to breathe or communicate.
11(2) A practitioner, paraeducator, or health care
12professional carefully, continuously, and visually monitors the
13student while the student is in seclusion.
14f. Emergency seclusion shall not be used longer than
15necessary, based on research and evidence, to allow a student
16to regain composure to the point that the emergency situation
17necessitating the use of emergency seclusion ceases and
18generally no longer than fifteen minutes for an elementary
19school student or twenty minutes for a secondary school
20student. If an emergency seclusion lasts longer than fifteen
21minutes for an elementary school student or twenty minutes for
22a secondary school student, the school district or nonpublic
23school must provide for the following:
24(1) Additional support, which may include a change of
25staff, or introducing a nurse, specialist, or additional key
26identified school employees.
27(2) Documentation to explain the extension beyond the time
28period specified in this paragraph “f”.
293. Qualifications of individuals imposing physical restraint
30or seclusion. School personnel imposing physical restraint or
31seclusion on a student in accordance with this section shall
32meet the following conditions:
33a. Be trained and certified under a training program
34approved under section 256.9, subsection 60, except in the case
35of clearly unavoidable emergency situations when trained and
-5-1certified school personnel are not immediately available due
2to the unforeseeable nature of the emergency situation. The
3principal of an attendance center shall identify one or more
4key school employees who shall be trained and certified under a
5training program approved under section 256.9, subsection 60.
6b. Engage in continuous visual monitoring of the student as
7required by subsection 2, paragraph “e”.
84. Use of physical restraint or seclusion as planned
9intervention. The use of physical restraint or seclusion as
10a planned intervention shall not be written into a student’s
11individualized education program or any other planning document
12prepared for an individual student unless agreed upon by school
13administrators, the parent or guardian of the student, and the
14individualized education team or other key identified school
15employees and the following conditions have been met:
16a. All parties to the agreement have considered less
17restrictive means to address behavioral concerns that would
18meet the emergency action conditions described in subsection 2.
19b. The individualized education team or other key
20identified school employees have conducted a research-based,
21individualized functional behavioral assessment and implemented
22a corresponding positive intervention plan that addresses
23preventative measures used to reduce or prevent emergencies and
24is written into the student’s individualized education program
25or a planning document prepared for the individual student.
265. School responsibilities. The board of directors of each
27school district and the authorities in charge of a nonpublic
28school shall do the following:
29a. Establish policies and procedures that ensure school
30personnel and parents and guardians are aware of the state
31board of education’s rules, the department’s guidance, and
32the school district’s or school’s policies, as appropriate,
33regarding physical restraint and seclusion.
34b. Establish policies and procedures to be followed after
35each incident involving the imposition of physical restraint
-6-1or seclusion upon a student, including but not limited to the
2following:
3(1) Procedures to provide to the parent or guardian of
4the student, with respect to each such incident, a verbal or
5electronic communication on the same day as each such incident
6and, within twenty-four hours of each such incident, written
7notification.
8(2) Procedures to ensure that the person who imposed
9a physical restraint or seclusion, any adult witness, a
10representative of the administration, a school mental health
11professional, and at least one family member or the guardian
12of the student participate in a debriefing session. The
13procedures shall ensure that the student who was physically
14restrained or secluded is given the opportunity to discuss the
15student’s perspective about the event with a trusted adult who
16will communicate to the debriefing session group.
17c. The debriefing session described in paragraph “b”,
18subparagraph (2), shall occur as soon as practicable, but
19not later than five school days following the imposition of
20physical restraint or seclusion unless it is delayed by written
21mutual agreement of the parent or guardian and the school
22district or nonpublic school.
23(1) Each adult witness in the proximity of the student
24immediately before and during the time of the physical
25restraint or seclusion but not directly involved shall submit
26the witness’s observations in writing for the debriefing
27session.
28(2) The debriefing session shall include the following:
29(a) Identification of antecedents to the physical restraint
30or seclusion and consideration of relevant information in the
31student’s records, and such information from teachers, other
32professionals, the parent or guardian, and student.
33(b) Planning to prevent and reduce reoccurrence of the use
34of physical restraint or seclusion, including consideration
35of the results of any functional behavioral assessments,
-7-1whether positive behavior plans were implemented with fidelity,
2and recommendations of appropriate positive behavioral
3interventions and supports to assist school personnel
4responsible for the student’s individualized educational
5program or other planning document prepared for the individual
6student.
7(c) A plan to have a functional behavioral assessment
8conducted, reviewed, or revised by qualified professionals, the
9parent or guardian, and the student.
10(3) Information communicated by a student attending a
11debriefing session in accordance with this subsection shall not
12be used against the student in any disciplinary, criminal, or
13civil investigation or proceeding.
146. Prohibition against retaliation. The board of directors
15of a school district and the authorities in charge of a
16nonpublic school, and the employees of such school district
17or nonpublic school, shall not retaliate against any person
18for having reported or having provided information regarding a
19violation of this section or a violation of the rules adopted
20by the state board to administer this section.
21 Sec. 4. STATE MANDATE FUNDING SPECIFIED. In accordance
22with section 25B.2, subsection 3, the state cost of requiring
23compliance with any state mandate included in this Act shall
24be paid by a school district from state school foundation aid
25received by the school district under section 257.16. This
26specification of the payment of the state cost shall be deemed
27to meet all of the state funding-related requirements of
28section 25B.2, subsection 3, and no additional state funding
29shall be necessary for the full implementation of this Act
30by and enforcement of this Act against all affected school
31districts.
32EXPLANATION
33The inclusion of this explanation does not constitute agreement with
34the explanation’s substance by the members of the general assembly.
35This bill establishes training requirements, procedures,
-8-1and prohibitions relating to the use of physical restraint and
2seclusion by school districts, accredited nonpublic schools,
3and area education agencies.
4STATE BOARD OF EDUCATION RULES — POLICY. The state board of
5education is directed to adopt rules establishing a statewide
6policy in conformance with new Code section 280.21C, relating
7to physical restraint and seclusion practices, training, and
8prohibitions.
9TRAINING CURRICULUM AND CERTIFICATION BY DEPARTMENT. The
10director of the department of education is required to develop
11and approve, in cooperation with the board of educational
12examiners and the area education agencies, certification in
13state restraint and seclusion policies and procedures and
14a training program that includes but is not limited to a
15curriculum for practitioners and paraeducators that includes
16evidence-based techniques and strategies for preventing the use
17of physical restraint and seclusion by schools; practices that
18keep school personnel and students safe if physical restraint
19or seclusion is necessary; positive behavioral interventions,
20supports, and strategies; behavioral antecedents, functional
21behavioral assessments, de-escalation of challenging behaviors,
22and conflict prevention and management; safe physical escort;
23and first aid, including the signs of medical distress, and
24cardiopulmonary resuscitation.
25DEFINITIONS. The bill defines “chemical restraint”
26to mean a drug or medication administered to a student
27to control behavior or restrict freedom of movement that
28is not prescribed, or administered as prescribed, by a
29licensed physician or a qualified health care professional
30prescriber for the standard treatment of a student’s medical
31or psychiatric condition; “mechanical restraint” to mean the
32use of devices as a means of restricting a student’s freedom
33of movement, but not devices used by trained school personnel
34or a student for therapeutic or safety purposes for which such
35devices were designed and, if applicable, prescribed.
-9- 1“Physical escort” means temporary touching or holding for
2the purpose of inducing a student to move to a safe location;
3“physical restraint” means a personal restriction that
4immobilizes or reduces the ability of an individual to move
5freely, but does not include a physical escort, mechanical
6restraint, or chemical restraint; “positive behavioral
7interventions and supports” means a school-wide systematic
8approach to embed evidence-based practices and data-driven
9decision-making to improve school climate and culture in order
10to achieve improved academic and social outcomes, and increase
11learning for all students, and which encompasses a range of
12systemic and individualized positive strategies to reinforce
13desired behaviors, diminish reoccurrence of challenging
14behaviors, and teach appropriate behaviors to students;
15“seclude” or “seclusion” means the involuntary confinement
16of a student alone in a room or area from which the student
17is physically prevented from leaving, but does not include a
18time-out; and “time-out” means a behavior management technique
19that may involve the separation of a student from the group,
20in a nonlocked setting, for the purpose of calming, and may be
21written into an individualized education program.
22ACTIONS PROHIBITED — EXCEPTIONS. Except in emergency
23situations, the bill prohibits a school employee, person under
24contract to provide services to the school, or volunteer from
25imposing on any student seclusion, mechanical restraint,
26chemical restraint, aversive behavioral interventions that
27compromise health or safety, or physical restraint that is
28life-threatening or contraindicated based on the student’s
29documented disability, health care needs, or medical or
30psychiatric condition.
31Physical restraint, using only the amount of force necessary
32to protect the student or others from the threatened harm,
33may be implemented only if the student’s behavior poses
34immediate danger of serious physical harm to self or others,
35the physical restraint does not interfere with the student’s
-10-1ability to communicate, less restrictive interventions have
2been ineffective, except in the case of a clearly unavoidable
3emergency situation, and the physical restraint is performed in
4a manner that is safe, appropriate, and proportionate to and
5sensitive to the student’s severity of behavior, chronological
6and developmental age, physical size, gender, physical
7condition, medical condition, psychiatric condition, and
8personal history, including any history of physical or sexual
9abuse or other trauma.
10The use of physical restraint must immediately cease when
11a medical condition occurs putting the student at risk of
12harm, the student’s behavior no longer poses immediate danger
13of serious physical harm to the student or others, and less
14restrictive interventions would be effective in stopping such
15immediate danger of serious physical harm.
16Upon the initial implementation of physical restraint,
17school personnel must contact key identified employees for help
18from within the attendance center either immediately at the
19onset of an emergency situation or as soon as possible.
20Seclusion may be used in an emergency situation in which a
21student’s behavior poses immediate danger of serious physical
22harm to the student or others and restrictive interventions
23have proven ineffective in ceasing the immediate danger.
24However, the seclusion cannot interfere with the student’s
25ability to breathe or communicate, and a practitioner,
26paraeducator, or health professional must carefully,
27continuously, and visually monitor the student while the
28student is in seclusion.
29Emergency seclusion shall not be used longer than necessary,
30generally no longer than 15 minutes for an elementary school
31student or 20 minutes for a secondary school student. For
32longer periods, schools must provide for additional support,
33which may include a change of staff, or introducing a nurse,
34specialist, or additional key identified school employees, and
35documentation to explain the extension beyond the time limit.
-11- 1QUALIFICATIONS OF INDIVIDUALS IMPOSING PHYSICAL RESTRAINT
2OR SECLUSION. School personnel imposing physical restraint
3or seclusion must engage in continuous visual monitoring of
4the student and, except in the case of clearly unavoidable
5emergency situations when school personnel trained and
6certified are not immediately available, must be trained and
7certified in state physical restraint and seclusion policies
8and procedures. The school principal must identify at least
9one or more school employees who shall be trained and certified
10under a training program approved by the department.
11USE OF PHYSICAL RESTRAINT OR SECLUSION AS PLANNED
12INTERVENTION. The use of physical restraint or seclusion as
13a planned intervention shall not be written into a student’s
14education plan or any other planning document for an individual
15student unless agreed upon in writing by school administrators,
16the parent or guardian of the student, and the individualized
17education team or other key identified school employees; the
18parties to the agreement considered less restrictive means
19to address behavioral concerns that would meet the emergency
20standard; and the individualized education team or other key
21identified school employees have conducted a research-based,
22individualized functional behavioral assessment and implemented
23a corresponding positive intervention plan that addresses
24preventative measures used to reduce or prevent emergencies and
25is written into the student’s individualized education program
26or other planning document prepared for the individual student.
27SCHOOL RESPONSIBILITIES. The board of directors of each
28school district and the authorities in charge of a nonpublic
29school are required to establish policies and procedures
30that ensure school personnel and parents and guardians are
31aware of the state and local rules, guidance, or policies, as
32appropriate, regarding seclusion and restraint.
33School districts and nonpublic schools also must establish
34policies and procedures to be followed after each incident
35of physical restraint or seclusion, verbal or electronic
-12-1notification of the parent or guardian on the same day as the
2incident, followed by written notification within 24 hours of
3the incident; procedures to ensure that parties to the incident
4participate in a debriefing session; and procedures for giving
5the student who was restrained or secluded the opportunity to
6discuss the event with a trusted adult who will communicate to
7the debriefing session group.
8The debriefing session shall occur as soon as practicable,
9but not later than five school days following the imposition of
10physical restraint or seclusion unless it is delayed by written
11mutual agreement. Adult witnesses who were not directly
12involved in the incident shall submit their observations in
13writing. The debriefing session shall include identification
14of antecedents to the physical restraint or seclusion and
15consideration of relevant information in the student’s records;
16planning to prevent and reduce reoccurrence of the use of
17physical restraint or seclusion; a plan to have a functional
18behavioral assessment conducted, reviewed, or revised by
19qualified professionals, the parent or guardian, and the
20student; and, when a student attends a debriefing session,
21information communicated by the student may not be used against
22the student.
23PROHIBITION AGAINST RETALIATION. School districts and
24nonpublic schools, and their employees, are prohibited from
25retaliating against any person for reporting or providing
26information regarding a violation of the bill, or a violation
27of the rules adopted by the state board for the implementation
28of the bill.
29STATE MANDATE. The bill may include a state mandate as
30defined in Code section 25B.3. The bill requires that the
31state cost of any state mandate included in the bill be
32paid by a school district from state school foundation aid
33received by the school district under Code section 257.16. The
34specification is deemed to constitute state compliance with
35any state mandate funding-related requirements of Code section
-13-125B.2. The inclusion of this specification is intended to
2reinstate the requirement of political subdivisions to comply
3with any state mandates included in the bill.
-14-kh/rj