The seclusion and physical restraint of pupils

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 private school.

Under current law, a principal of a public school or a SNSP school must annually report to the school's governing body the number of incidents of seclusion and physical restraint and the total number of pupils involved in the incident. Under the bill, the governing body must then report the data about incidents of seclusion and physical restraint at each of its schools to the Department of Public Instruction.

The bill also requires that the report provide data about incidents of seclusion separately from incidents of physical restraint and must include the total number of children with disabilities who were involved in each type of incident.

Finally, under current law, the first time seclusion or physical restraint is used on a child with a disability, the child's Individualized Education Program team must convene as soon as possible and review the child's IEP to ensure that it contains appropriate interventions and supports to address the behavior of concern. Under the bill, a child's IEP team is required to meet to review the child's IEP as soon as practicable but no later than ten school days after the second time seclusion or physical restraint is used on the child within the same school year.