BILL NUMBER: AB 519 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Roger Hernández
FEBRUARY 15, 2011
An act to amend Section 32282 of, and to add Article 5.5
(commencing with Section 49010) to Chapter 6 of Part 27 of Division 4
of Title 2 of, the Education Code, relating to pupil discipline.
LEGISLATIVE COUNSEL'S DIGEST
AB 519, as introduced, Roger Hernández. Pupil discipline:
restraint and seclusion.
Existing law prohibits a person employed by or engaged in a public
school to inflict, or cause to be inflicted, corporal punishment
upon a pupil.
This bill would prohibit an educational provider from using
chemical restraint, as defined, mechanical restraint, as defined,
physical restraint, as defined, or seclusion, as defined, for the
purpose of coercion, discipline, convenience, or retaliation by
staff. The bill would provide that the prohibition regarding physical
restraint only applies to the use of physical restraint on
individuals with exceptional needs, as defined, who receive special
education and related services. The bill would limit the use of
physical restraint, and would specify conditions under which an
educational provider would be authorized to use physical restraint.
The bill would provide that those limitations and conditions only
apply to the use of physical restraint on individuals with
exceptional needs, as defined, who receive special education and
related services. The bill would allow, until January 1, 2014,
nonpublic, nonsectarian schools, and certain district-designated
alternative programs, to use seclusion if specified conditions are
met.
Existing law requires a schoolsite council to write and develop a
comprehensive school safety plan, except in the case of a small
school district, as defined, that develops a districtwide
comprehensive school safety plan that is applicable to each
schoolsite in the district. The comprehensive school safety plan is
required to include the rules and procedures on school discipline.
This bill would authorize the comprehensive school safety plan
also to include the rules and procedures regarding the use of
restraint and seclusion.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 32282 of the Education Code is amended to read:
32282. (a) The comprehensive school safety plan shall include,
but not be limited to, both of the following:
(1) Assessing the current status of school crime committed on
school campuses and at school-related functions.
(2) Identifying appropriate strategies and programs that will
provide or maintain a high level of school safety and address the
school's procedures for complying with existing laws related to
school safety, which shall include the development of all of the
following:
(A) Child abuse reporting procedures consistent with Article 2.5
(commencing with Section 11164) of Chapter 2 of Title 1 of
Part 4 of the Penal Code.
(B) Disaster procedures, routine and emergency, including
adaptations for pupils with disabilities in accordance with the
Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et
seq.). The disaster procedures shall also include, but not be limited
to, both of the following:
(i) Establishing an earthquake emergency procedure system in every
public school building having an occupant capacity of 50 or more
pupils or more than one classroom. A district or county office may
work with the California Emergency Management Agency and the Seismic
Safety Commission to develop and establish the earthquake emergency
procedure system. The system shall include, but not be limited to,
all of the following:
(I) A school building disaster plan, ready for implementation at
any time, for maintaining the safety and care of pupils and staff.
(II) A drop procedure whereby each pupil and staff member takes
cover under a table or desk, dropping to his or her knees, with the
head protected by the arms, and the back to the windows. A drop
procedure practice shall be held at least once each school quarter in
elementary schools and at least once a semester in secondary
schools.
(III) Protective measures to be taken before, during, and
following an earthquake.
(IV) A program to ensure that pupils and both the certificated and
classified staff are aware of, and properly trained in, the
earthquake emergency procedure system.
(ii) Establishing a procedure to allow a public agency or
nonprofit organization , including the American Red Cross, to
use school buildings, grounds, and equipment for mass care and
welfare shelters during disasters or other emergencies affecting the
public health and welfare. The district or county office shall
cooperate with the public agency or nonprofit organization
in furnishing and maintaining the services as the district or county
office may deem necessary to meet the needs of the community.
(C) Policies pursuant to subdivision (d) of Section 48915 for
pupils who committed an act listed in subdivision (c) of Section
48915 and other school-designated serious acts which would lead to
suspension, expulsion, or mandatory expulsion recommendations
pursuant to Article 1 (commencing with Section 48900) of Chapter 6 of
Part 27 of Division 4 of Title 2 .
(D) Procedures to notify teachers of dangerous pupils pursuant to
Section 49079.
(E) A discrimination and harassment policy consistent with the
prohibition against discrimination contained in Chapter 2 (commencing
with Section 200) of Part 1.
(F) The provisions of any schoolwide dress code, pursuant to
Section 35183, that prohibits pupils from wearing "gang-related
apparel," if the school has adopted that type of a
dress code. For those purposes, the comprehensive school safety plan
shall define "gang-related apparel." The definition shall be limited
to apparel that, if worn or displayed on a school campus, reasonably
could be determined to threaten the health and safety of the school
environment. Any schoolwide dress code established pursuant to this
section and Section 35183 shall be enforced on the school campus and
at any school-sponsored activity by the principal of the school or
the person designated by the principal. For the purposes of this
paragraph, "gang-related apparel" shall not be considered a protected
form of speech pursuant to Section 48950.
(G) Procedures for safe ingress and egress of pupils, parents, and
school employees to and from school.
(H) A safe and orderly environment conducive to learning at the
school.
(I) The rules and procedures on school discipline adopted pursuant
to Sections 35291 and 35291.5.
(J) Hate crime reporting procedures pursuant to Chapter 1.2
(commencing with Section 628) of Title 15 of Part 1 of the Penal
Code.
(b) The comprehensive school safety plan may include the rules and
procedures regarding the use of restraint and seclusion pursuant to
Article 5.5 (commencing with Section 49010) of Chapter 6 of Part 27
of Division 4 of Title 2.
(b)
(c) It is the intent of the Legislature that schools
develop comprehensive school safety plans using existing resources,
including the materials and services of the partnership, pursuant to
this chapter. It is also the intent of the Legislature that schools
use the handbook developed and distributed by the School/Law
Enforcement Partnership Program entitled "Safe Schools: A Planning
Guide for Action" in conjunction with developing their plan for
school safety.
(c)
(d) Grants to assist schools in implementing their
comprehensive school safety plan shall be made available through the
partnership as authorized by Section 32285.
(d)
(e) Each schoolsite council or school safety planning
committee in developing and updating a comprehensive school safety
plan shall, where practical, consult, cooperate, and coordinate with
other schoolsite councils or school safety planning committees.
(e)
(f) The comprehensive school safety plan may be
evaluated and amended, as needed, by the school safety planning
committee, but shall be evaluated at least once a year, to ensure
that the comprehensive school safety plan is properly implemented. An
updated file of all safety-related plans and materials shall be
readily available for inspection by the public.
(f)
(g) The comprehensive school safety plan, as written
and updated by the schoolsite council or school safety planning
committee, shall be submitted for approval under subdivision (a) of
Section 32288.
SEC. 2. Article 5.5 (commencing with Section 49010) is added to
Chapter 6 of Part 27 of Division 4 of Title 2 of the Education Code,
to read:
Article 5.5. Restraint and Seclusion
49010. The Legislature finds and declares all of the following:
(a) Seclusion and restraint may cause trauma and injury to both
the individual subjected to these techniques and the personnel
executing them.
(b) Interventions using seclusion and restraint when a pupil poses
an imminent risk of serious physical harm to self or others are not
therapeutic or educational. Their use does not positively change
behavior and is limited to emergency interventions.
49011. For purposes of this article, the following definitions
apply:
(a) "Chemical restraint" means the administration of a drug or
medication to manage a pupil's behavior or restrict a pupil's freedom
of movement 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, support, 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 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 or to guide or assist a pupil
from one area to another.
(f) "Seclusion" means the involuntary confinement of a pupil alone
in a room or area, which the pupil is physically prevented from
leaving. "Seclusion" does not mean a supervised timeout, in which an
adult is continuously present in the room with the pupil.
49012. (a) An educational provider shall not use seclusion,
chemical restraint, mechanical restraint, or physical restraint for
the purpose of coercion, discipline, convenience, or retaliation by
staff of the educational provider.
(b) The prohibition specified in subdivision (a) regarding
physical restraint shall apply only to the use of physical restraint
on individuals with exceptional needs, as defined in Section 56026,
who receive special education and related services.
49013. (a) An educational provider shall not use any of the
following:
(1) A physical restraint technique that obstructs a pupil's
respiratory airway or impairs the pupil's breathing or respiratory
capacity, including techniques in which a staff member places
pressure on a pupil's back or places his or her body weight against
the pupil's torso or back.
(2) A pillow, blanket, or other item covering the pupil's face as
part of a physical restraint.
(3) An improvised restraint device, such as a sheet or belt.
(4) A physical restraint on a pupil who has a known medical,
psychological, or physical condition, and where there is reason to
believe that the use would endanger the pupil's life or seriously
exacerbate the medical, psychological, or physical condition of the
pupil. Known risk factors include a history of trauma or abuse,
obesity, agitated or excited syndromes, preexisting heart disease,
and respiratory conditions, including bronchitis or asthma.
(5) Placement of a pupil in a facedown position with the pupil's
hands held or restrained behind his or her back.
(6) Physical restraint as an extended procedure beyond the
immediate emergency.
(b) An educational provider shall avoid the use of prone restraint
techniques whenever possible.
(c) An educational provider may use physical restraint only if all
of the following conditions are met:
(1) It is an emergency situation and physical restraint is
required to prevent imminent serious physical harm to the pupil,
staff, or others.
(2) The educational provider has determined that less restrictive
alternatives and positive behavioral supports are ineffective.
(3) A staff member is continuously present and keeps the pupil
under constant face-to-face observation for signs of distress or
difficulty breathing.
(d) This section shall apply only to the use of physical restraint
on individuals with exceptional needs, as defined in Section 56026,
who receive special education and related services.
49014. An educational provider shall not use chemical restraint,
except as otherwise licensed to prescribe and administer medication.
49015. An educational provider shall not use mechanical
restraint.
49016. (a) Beginning January 1, 2014, an educational provider
shall not use seclusion.
(b) Until January 1, 2014, an educational provider shall not use
seclusion unless all of the following conditions are met:
(1) The educational provider is a nonpublic, nonsectarian school,
as defined in Section 56034, with intensive behavioral supports or a
district-designated alternative program with intensive behavioral
supports that is an alternative to a nonpublic, nonsectarian school.
(2) The pupil placed in seclusion is an individual with
exceptional needs, as defined in Section 56026, has a current
individualized education program, and has the ability to understand
the purpose of seclusion and the directives given by the school
personnel regarding the seclusion.
(3) The pupil has a behavioral intervention plan or interim
behavioral intervention plan, while a functional analysis assessment,
pursuant to Section 3052(b) of Title 5 of the California Code of
Regulations, is being completed, and that plan takes into account a
pupil's developmental level and individual history of trauma and
abuse and includes the pupil's expressed preference of emergency
intervention. The plan shall be reviewed after every incident of
seclusion.
(4) The pupil placed in seclusion exhibits behavior that poses an
imminent risk of serious physical harm to school personnel, or is in
a facility otherwise licensed or permitted by the state to use
seclusion when the pupil poses an imminent risk of serious physical
harm to school personnel or others, and the behavior cannot be
addressed by a less restrictive intervention.
(5) During the use of seclusion, a staff member, who is free from
other responsibilities at the time, is continually present and keeps
the pupil under constant direct visual observation. A pupil cannot be
deprived of sleep, food, water, shelter, physical comfort, or access
to bathroom facilities.
(6) The period of seclusion shall not exceed 15 minutes except as
indicated below:
(A) A behavioral intervention case manager or, in the absence of
the behavioral intervention case manager, a site administrator with
training in behavioral intervention may approve continuation of
seclusion for a total duration not to exceed 30 minutes for any one
continuous seclusion event, after observing the pupil's behavior
while secluded and determining that the pupil continues to exhibit
behavior consistent with the conditions described in paragraph (4).
(B) A qualified mental health professional, as defined in Section
60020(j) of Title 2 of the California Code of Regulations, may
approve continuation of seclusion in a facility otherwise licensed to
use seclusion under Title 22 of the California Code of Regulations
for a total duration not to exceed 60 minutes for any one continuous
seclusion event, after observing the pupil's behavior while secluded
and determining that the pupil continues to exhibit behavior
consistent with the conditions described in paragraph (4).
(7) The seclusion room meets all of the following requirements:
(A) It is not used for another purpose, including use as a storage
room, bathroom, or utility room.
(B) It is not used without a fire clearance from the local fire
authority.
(C) It does not prevent exiting by the use of locking or jamming
devices, including devices that allow for immediate release upon
removal of a staff member's foot, hand, or body from a magnetic
engagement pad or button, unless in a facility otherwise licensed or
permitted by state law to use a locked room.
(D) It is safe and free of hazards, including objects or fixtures
that can be broken or used by a pupil to inflict injury.
49017. (a) It is the intent of the Legislature that, except where
this article may grant more protections, this article 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 article and to encourage stakeholders,
including, but not limited to, disability rights advocacy groups,
representatives of education providers, and education organizations
to voluntarily make recommendations for future legislation and budget
augmentations on the topic of seclusion and restraint.