AB 1048

This bill makes changes to the law governing physical restraint and seclusion

of pupils in schools.

Under current law, individuals who work in a public school, including a charter

school, or a private school participating in the Special Needs Scholarship Program

(SNSP school) may only use seclusion or physical restraint on a pupil at school if

certain conditions are met. One of the conditions under current law for using

seclusion is that a door connecting the room or area in which the pupil is secluded

cannot be capable of being locked. This bill further prohibits such a door from having

a lock on it, even if the door is not capable of being locked. One of the conditions under

current law for using physical restraint is that the individual restraining the pupil

may not use certain maneuvers and techniques. This bill adds maneuvers and

techniques that place the pupil in a prone position to this list of prohibited

maneuvers and techniques.

In addition, under current law, an individual employed by a school (covered

individual) may not use physical restraint on a pupil at a public school or a SNSP

school unless the covered individual has received training that includes specific

components. This bill changes these components of the training by eliminating the

requirements to include 1) methods of preventing the need for physical restraint; 2)

experience in administering and receiving various types of physical restraint; and

3) that the individual demonstrates proficiency in administering physical restraint

and by requiring that the training include 1) evidence-based instruction related to

positive behavior supports and interventions; 2) evidence-based techniques shown

to prevent or reduce the use of physical restraint; and 3) that the individual

demonstrates the ability to identify prohibited techniques in administering physical

restraint.

Current law provides certain notification and reporting requirements

whenever seclusion or physical restraint is used on a pupil at a public school or an

SNSP school. This bill specifies that these notice and reporting requirements apply

whenever a covered individual or law enforcement officer uses seclusion or physical

restraint on a pupil at the school. In addition, the bill requires the school principal

to meet with the covered individuals who participated in the incident to discuss the

events that occurred before, during, and after the use of seclusion or physical

restraint on a pupil, and how to prevent the need for seclusion or physical restraint

in the future.

The bill also creates similar notice, reporting, and debriefing requirements that

apply whenever a covered individual or law enforcement officer uses seclusion or

physical restraint on an LEA placed pupil at a private school. Under the bill, an “LEA

placed pupil” is a pupil who is placed by a local educational agency at a private school

to satisfy state or federal special education law or under a contractual agreement

that requires the pupil's resident school district to pay the pupil's tuition at the