SB 353

Effective September 1, 2012, this bill prohibits an employee of a public school

(including a charter school) and certain other individuals who provide services for

the benefit of a public school from using seclusion or physical restraint on a pupil at

a public school except under certain conditions. Seclusion is the involuntary

confinement of a pupil, apart from other pupils, in a room or area from which the

pupil is physically prevented from leaving. Physical restraint is a restriction that

immobilizes or reduces the ability of a pupil to freely move his or her torso, arms, legs,

or head.

An individual covered by the bill may use seclusion on a pupil only if all of the

following apply:

1. The pupil's behavior presents a clear, present, and immediate risk to the

physical safety of the pupil or others and it is the least restrictive intervention

available.

2. The seclusion lasts only as long as necessary to resolve the risk to physical

safety.

3. A covered individual maintains constant supervision of the pupil.

4. The seclusion room or area is free of objects or fixtures that may injure the

pupil.

5. The pupil has adequate access to bathroom facilities, drinking water,

necessary medication, and meals.

6. No door connecting the seclusion room or area to other rooms or areas is

capable of being locked.

A covered individual may use physical restraint on a pupil only if all of the

following apply:

1. The pupil's behavior presents a clear, present, and immediate risk to the

physical safety of the pupil or others and it is the least restrictive intervention

available.

2. The degree of force used and the duration of the physical restraint do not

exceed the degree and duration that are reasonable and necessary to resolve the risk.

3. There are no medical contraindications to the use of physical restraint.

4. None of the following maneuvers or techniques are used:

a. Those that do not give adequate attention and care to protecting the pupil's

head.

b. Those that cause chest compression.

c. Those that place pressure or weight on the pupil's neck or throat

5. It does not constitute corporal punishment.

6. Neither mechanical nor chemical restraints are used.

Whenever seclusion or physical restraint is used on a pupil, the school principal

must notify the pupil's parent and prepare a written report.

The bill generally prohibits a covered individual from using physical restraint