Summary of Seclusion and Restraint Statutes, Regulations, Policies and Guidance, by State and Territory: Information as Reported to the Regional Comprehensive Centers and Gathered from Other Sources (ms word)

Florida

Florida has no rule in place governing student restraint and seclusion in the public and private schools. However, Florida currently has several initiatives under way. There is a new State Board of Education rule under development that is tentatively titled “Standards for the Use of Reasonable Force to Maintain a Safe and Orderly Learning Environment.” This rule (6A-6.05271, FAC) will address the use of reasonable force, physical restraint, time out and seclusion to maintain a safe and orderly learning environment.

Legislation has been introduced in the Florida’s House of Representatives that addresses student restraint and seclusion for students with disabilities (HB 81). The bill, “Use, Prevention, and Reduction of Seclusion and Restraint on Students with Disabilities in Public Schools,” provides that manual physical restraint shall be used only in an emergency when there is imminent risk of serious injury or death to student or others; provides restrictions on use of manual physical restraint; prohibits the use of manual physical restraint by school personnel who are not trained and certified to use district-approved methods for applying restraint techniques; prohibits school personnel from placing student in seclusion; provides requirements for use of time-out; requires schools to prepare incident reports after an occasion of student restraint; and requires development and revision of school district policies and procedures.

Current Florida Statutes—1003.32 (1)(j), 1006.09(1), and 1012.75(2)—outline the authority of teachers and principals to maintain an orderly environment, but do not directly refer to the use of student restraint or seclusion.

In addition, the Fire Marshall Code Rule (69A-58.0084), provides guidance on seclusion and time out rooms. It reads as follows.

69A-58.0084 Seclusion Time-Out Rooms.

(1) Egress. Secured seclusion time-out rooms, when provided, shall be equipped with doors which allow egress at all times in the event of an emergency.

(2) Locking devices.

(a) Locking devices on secured seclusion time-out rooms are permitted only when such room is in full compliance with the criteria in this section.

(b) An electro-magnetic locking device is the only approved device to secure a secured seclusion time-out room. The lock shall remain engaged only when the human hand is in contact with it placing pressure on it.

1. Upon release of pressure, the door shall unlock. The locking device shall be designed, and shall be operated, so that it cannot be engaged by leverage of an inanimate object or in any manner except by constant human contact.

2. The push button shall be recessed from the face of the unit housing, or in some other way designed to prevent taping or wedging the button in the engaged mode.

3. The device shall have an interface with the fire alarm system and shall automatically release and disengage upon activation of the fire alarm. The locking device shall automatically release and disengage in the event of power failure.

4. A timer shall not be used on the locking device.

(3) Door Requirements. The door shall have only a push panel exposed on the interior of the room. A vision panel shall be provided in the door, and it shall be no larger than 12'' x 12'' (144 square inches). The view panel shall consist of clear one-quarter (1/4) inch thick unbreakable plastic panel, flush with the face of the door on the inside. The view panel shall be positioned in the door to allow a staff member to continuously keep the student under observation. The view panel shall not be covered with any material.

(4) Finishes and materials. The ceiling, floor, and walls must be free of any loose, torn or potentially hazardous materials. All surfaces must be kept smooth and free of any hooks, outlets, switches or similar items. Construction materials shall meet all applicable provisions of the Florida Fire Prevention Code and the Florida Building Code. Each secured seclusion time-out room must be identified with a permanently mounted room number.

(5) All secured seclusion time-out rooms must have natural or mechanical ventilation.

(6) The division and the local fire official are permitted to conduct unannounced inspections of all secured seclusion time-out rooms to ensure compliance with this rule chapter. A written record of each inspection must be made and a copy of same must be provided to the school administrator or designee.

(7) During each unannounced inspection, the division or the local fire official is permitted to inspect secured seclusion time-out rooms, interview staff, and review staff development activities to ensure compliance with this rule chapter.

(8) If during any fire safety inspection a secured seclusion time-out room is found in violation of this rule chapter, the board or the local fire official shall immediately report the deficiency to the division in accordance with Section 1013.12(1)(c) or 1013.12(5), F.S., and the secured seclusion time-out room shall be immediately withdrawn from use.

Florida has supported a discretionary project at the University of South Florida (USF) related to Positive Behavioral Support: Response to Intervention for Behavior (PBS) program for over 12 years. The PBS program has to its credit achieved the following:

To date, nearly 800 schools have been trained in the school-wide PBS and at least 600 of these schools remain active.

Interest in and demand for PBS in Florida schools is rapidly increasing; during the last year, the PBS project Web site (http://flpbs.fmhi.usf.edu ) had approximately 4,000,000 hits, up from 1,000,000 hits the previous year.

Scale up during the 2007–08 school year included:

Training to over 3,400 school personnel across Tiers 1–3 (1. universal/core, 2. targeted group/supplemental, 3. individual student/intensive) on schoolwide PBS,

Over 340 personnel and 122 schools participated in Tier 2 training,

Nearly 1,600 personnel participated in 35 initial or ongoing PBS training for Tier 1, and

Nearly 400 schools participated in team-based PBS training (296 initial, 23 retraining, and 77 booster) for Tier 1.

At least 60 of Florida’s 67 school districts are now collaborating with the PBS project and have an active PBS District Leadership Team overseeing all PBS activities within their respective districts.

Outcomes (based on data from 2007–2008 school year) include:

Ninety-one (91) schools were identified as PBS Model Schools,

Over 70% of all active schools are implementing PBS with fidelity,

Participating schools realized an average 26% fewer office discipline referrals and 10% fewer out-of-school suspensions after their first year of implementation, and

Participating schools implementing PBS with fidelity realized 29% fewer office discipline referrals and 47% fewer out-of-school suspensions compared with low-implementing schools.

In June, 2008, “Guidelines for the Use of Manual Physical Restraint in Special Education Programs” was released by the Department. This document was developed with input from a workgroup composed of various stakeholders, including school district staff members, behavioral specialists and parent representatives. This Technical Assistance Paper (available online at: http://info.fldoe.org/docushare/dsweb/Get/Document-5016/k12-2008-67.pdf ) provides guidance for the use of manual physical restraint in school districts, including (a) when manual physical restraint is used, (b) who should use it, (c) the type of training needed for its correct usage, (d) considerations when selecting a training program, (e) what should be documented, (f) parent notification and reporting, and (g) monitoring its use. Although Florida School Laws do not expressly reference the term “manual physical restraint,” the Florida Legislature has created statutes that address the use of “reasonable force.” The paper references the following statutes.

1003.32, F.S., Authority of teacher; responsibility for control of students; district school board and principal duties.

Subject to law and to the rules of the district school board, each teacher or other member of the staff of any school shall have such authority for the control and discipline of students as may be assigned to him or her by the principal or the principal’s designated representative and shall keep good order in the classroom and in other places in which he or she is assigned to be in charge of students.

(1) In accordance with this section and within the framework of the district school board’s code of student conduct, teachers and other instructional personnel shall have the authority to undertake any of the following actions in managing student behavior and ensuring the safety of all students in their classes and school and their opportunity to learn in an orderly and disciplined classroom.

… (j) Use reasonable force, according to standards adopted by the State Board of Education, to protect himself or herself or others from injury.

1006.11, F.S., Standards for use of reasonable force.

(1) The State Board of Education shall adopt standards for the use of reasonable force by district school board personnel to maintain a safe and orderly learning environment. Such standards shall be distributed to each school in the state and shall provide guidance to district school board personnel in receiving the limitations on liability specified in subsection (2).

(2) Except in the case of excessive force or cruel and unusual punishment, a teacher or other member of the instructional staff, a principal or the principal’s designated representative, or a school bus driver shall not be civilly or criminally liable for any action carried out in conformity with the State Board of Education and district school board rules regarding the control, discipline, suspension, and expulsion of students, including, but not limited to, any exercise of authority under S. 1003.32 or S. 1006.09.

1012.75, F.S., Liability of teacher or principal; excessive force.

(1) Except in the case of excessive force or cruel and unusual punishment, a teacher or other member of the instructional staff, a principal or the principal's designated representative, or a bus driver shall not be civilly or criminally liable for any action carried out in conformity with State Board of Education and district school board rules regarding the control, discipline, suspension, and expulsion of students, including, but not limited to, any exercise of authority under S. 1003.32 or S. 1006.09.

(2) The State Board of Education shall adopt rules that outline administrative standards for the use of reasonable force by school personnel to maintain a safe and orderly learning environment. Such standards shall be distributed to each school in the state and shall provide guidance to school personnel in receiving the limitations on liability specified in this section.