SB 542

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

may use seclusion or physical restraint on a pupil at school only if certain conditions

are met. One of the conditions is that the pupil's behavior must present a clear,

present, and imminent risk to the physical safety of the pupil or others. Other

conditions are that, for purposes of seclusion, the seclusion may only last for as long

as is necessary to resolve the risk of physical safety to the pupil or others and, for

purposes of physical restraint, the degree of force and the duration of the restraint

may only be what is necessary to resolve the risk of physical safety to the pupil or

others. This bill changes these conditions to include pupil behavior that presents a

clear, present, and imminent risk of serious emotional distress for the pupil or others

or creates a considerable disruption to a classroom or other learning environment.

In other words, under the bill, an individual who works in a public school or an SNSP

school may use seclusion or physical restraint on a pupil if the pupil's behavior

presents a clear, present, and imminent risk to the physical safety of the pupil or

others, presents a clear, present, and imminent risk of serious emotional distress for

the pupil or others, or creates a considerable disruption to a classroom or other

learning environment, and may use the seclusion or physical restraint for only as

long as is necessary to resolve the risk of physical safety or serious emotional distress

or the considerable disruption to the classroom or learning environment.