S1742

An Act concerning the use of physical restraint and seclusion in public schools, amending and supplementing P.L.2017, c.291, and supplementing chapter 37 of Title 18A of the New Jersey Statutes.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. Section 2 of P.L.2017, c.291 (C.18A:46-13.5) is amended to read as follows:

2. a. A school district, an educational services commission, or an approved private school for students with disabilities that utilizes physical restraint on students with disabilities shall ensure that:

(1) physical restraint is used only in an emergency in which the student is exhibiting behavior that places the student or others in immediate physical danger;

(2) a student is not restrained in the prone position, unless the student's primary care physician authorizes, in writing, the use of this restraint technique;

(3) staff members who are involved in the restraint of a student receive training in safe techniques for physical restraint from an entity determined by the board of education to be qualified to provide such training, and that the training is updated at least annually;

(4) the parent or guardian of a student is immediately notified when physical restraint is used on that student, which notification may be by telephone or electronic communication. A full written report of the incident of physical restraint shall be provided to the parent or guardian within 48 hours of the occurrence of the incident. The school district, educational services commission, or private school for students with disabilities shall request a meeting with the parent or guardian of a student who has been subjected to physical restraint on more than one occasion to discuss a plan for improving the student’s behavior;

(5) each incident in which a physical restraint is used is carefully and continuously visually monitored to ensure that it was used in accordance with established procedures set forth in a board policy developed in conjunction with the entity that trains staff in safe techniques for physical restraint, in order to protect the safety of the child and others; and

(6) each incident in which physical restraint is used is documented in writing in sufficient detail to enable the staff to use this information to develop or improve the behavior intervention plan at the next individualized education plan meeting.

b. A school district, an educational services commission, and an approved private school for students with disabilities shall attempt to minimize the use of physical restraints through inclusion of positive behavior supports in the student's behavior intervention plans developed by the individualized education plan team.

(cf: P.L.2017, c.291, s.2)

2. Section 3 of P.L.2017, c.291 (C.18A:46-13.6) is amended to read as follows:

3. a. A school district, an educational services commission, or an approved private school for students with disabilities that utilizes seclusion techniques on students with disabilities shall ensure that:

(1) a seclusion technique is used on a student with disabilities only in an emergency in which the student is exhibiting behavior that places the student or others in immediate physical danger;

(2) each incident in which a seclusion technique is used is carefully and continuously visually monitored to ensure that it was used in accordance with established procedures set forth in a board policy developed in conjunction with the entity that trains staff in safe techniques for physical restraint, in order to protect the safety of the child and others; [and]

(3) each incident in which a seclusion technique is used is documented in writing in sufficient detail to enable the staff to use this information to develop or improve the behavior intervention plan at the next individualized education plan meeting; and

(4) the parent or guardian of a student is immediately notified when that student is subject to seclusion, which notification may be by telephone or electronic communication. A full written report of the incident of seclusion shall be provided to the parent or guardian within 48 hours of the occurrence of the incident.

The school district, educational services commission, or approved private school for students with disabilities shall request a meeting with the parent or guardian of a student who has been subjected to seclusion on more than one occasion to discuss a plan for improving the student’s behavior.

b. A school district, an educational services commission, and an approved private school for students with disabilities shall attempt to minimize the use of seclusion techniques through inclusion of positive behavior supports in the student's behavior intervention plans developed by the individualized education plan team.

(cf: P.L.2017, c.291, s.3)

3. Section 4 of P.L.2017, c.291 (C.18A:46-13.7) is amended to read as follows:

4. a. The [department] Department of Education shall establish guidelines for school districts, educational services commissions, and approved private schools for students with disabilities to ensure that a review process is in place to examine the use of physical restraints or seclusion techniques in emergency situations, and for the repeated use of these methods for an individual child, within the same classroom, or by a single individual. The review process shall include educational, clinical, and administrative personnel. Pursuant to the review process the student's individualized education plan team may, as deemed appropriate, determine to revise the behavior intervention plan or classroom supports, and a school district, educational services commission, or approved private school for students with disabilities may determine to revise a staff member's professional development plan.

b. The department shall establish guidelines for school districts, educational services commissions, and approved private schools for students with disabilities on adequate physical requirements for a seclusion area including, but not limited to, guidelines on the lighting and space of the seclusion area. The guidelines shall ensure the safety and dignity of the student placed in the seclusion area.

(cf: P.L.2017, c.291, s.4)

4. (New section) a. The department shall annually collect data from school districts, educational services commissions, and approved private schools for students with disabilities on the number and times a physical restraint or seclusion technique was utilized on a student with disabilities and the type and duration of the physical restraint or seclusion technique that was utilized, and the number of students with disabilities on which a physical restraint or a seclusion technique was utilized.

b. The department shall publish the data collected pursuant to subsection a. of this section annually on its website in a manner that protects student privacy. The data published on the website shall be disaggregated by county and by the race, gender, age, and type of disability of the student.

5. (New section) As used in sections 6 through 9 of P.L. ,
c. (C. ) (pending before the Legislature as this bill):

"Physical restraint" means the use of a personal restriction that immobilizes or reduces the ability of a student to move all or a portion of the student’s body.

"Seclusion technique" means the involuntary confinement of a student alone in a room or area from which the student is physically prevented from leaving, but does not include a timeout.

"Timeout" means a behavior management technique that involves the monitored separation of a student in a non-locked setting, and is implemented for the purpose of calming.

6. (New section) a. A school district that utilizes physical restraint on students, other than a student who is classified pursuant to chapter 46 of Title 18A of the New Jersey Statutes, shall ensure that:

(1) physical restraint is used only in an emergency in which the student is exhibiting behavior that places the student or others in immediate physical danger;

(2) a student is not restrained in the prone position, unless the student's primary care physician authorizes, in writing, the use of this restraint technique;

(4) the parent or guardian of a student is immediately notified when physical restraint is used on that student, which notification may be by telephone or electronic communication. A full written report of the incident of physical restraint shall be provided to the parent or guardian within 48 hours of the occurrence of the incident. The school district shall request a meeting with the parent or guardian of a student who has been subjected to physical restraint on more than one occasion to discuss a plan for improving the student’s behavior;

(6) each incident in which physical restraint is used is documented in writing in sufficient detail to enable the staff to use this information to develop or revise a plan for improving the student’s behavior.

b. A school district shall attempt to minimize the use of physical restraints through inclusion of positive behavior supports in the student's behavior improvement plan.

7. (New section) a. A school district that utilizes seclusion techniques on students, other than a student classified pursuant to chapter 46 of Title 18A of the New Jersey Statutes, shall ensure that:

(1) a seclusion technique is used on a student only in an emergency in which the student is exhibiting behavior that places the student or others in immediate physical danger;

(3) each incident in which a seclusion technique is used is documented in writing in sufficient detail to enable the staff to use this information to develop or revise a behavior improvement plan for the student; and

(4) the parent or guardian of a student is immediately notified when a student is subject to seclusion, which notification may be by telephone or electronic communication. A full written report of the incident of seclusion shall be provided to the parent or guardian within 48 hours of the occurrence of the incident.

The school district shall request a meeting with the parent or guardian of a student who has been subjected to seclusion on more than one occasion to discuss a plan for improving the student’s behavior.

b. A school district shall attempt to minimize the use of seclusion techniques through inclusion of positive behavior supports in the student's behavior improvement plan.

8. (New section) a. The Department of Education shall establish guidelines for school districts to ensure that a review process is in place to examine the use of physical restraints or seclusion techniques on students in emergency situations, and for the repeated use of these methods for an individual child, within the same classroom, or by a single individual. The review process shall include educational and administrative personnel. Pursuant to the review process staff may, as deemed appropriate, determine to revise the student’s behavior improvement plan, and a school district may determine to revise a staff member's professional development plan.

b. The department shall establish guidelines for school districts on adequate physical requirements for a seclusion area including, but not limited to, guidelines on the lighting and space of the seclusion area. The guidelines shall ensure the safety and dignity of the student placed in the seclusion area.

9. (New section) a. The department shall annually collect data from school districts on the number and times a physical restraint or seclusion technique was utilized on a student, other than a student classified pursuant to chapter 46 of Title 18A of the New Jersey Statutes, and the type and duration of the physical restraint or seclusion technique that was utilized, and the number of students on which a physical restraint or a seclusion technique was utilized.

10. This act shall take effect immediately.

STATEMENT

In January of 2018, the Legislature enacted P.L.2017, c.291 that established certain requirements in the event that a school district, educational services commission, or an approved private school for students with disabilities choose to utilize physical restraint or a seclusion technique on a student with disabilities. This bill amends that law to provide that in addition to the requirements previously imposed when physical restraint or seclusion techniques are used on a student with disabilities, the school district, educational services commission, or the approved private school for students with disabilities are also required to:

1) request a meeting with the parent or guardian of the student who has been subjected to physical restraint or seclusion on more than one occasion to discuss a plan for improving the student’s behavior;

2) in the case of seclusion, to immediately notify the student’s parent or guardian when the student is subject to seclusion by telephone or electronic communication. Under the current law, this requirement is only applicable to the use of physical restraint; and

3) provide a full written report of the incident of seclusion to the student’s parent or guardian within 48 hours of the occurrence of the incident. Again, under current law, this requirement is only applicable to the use of physical restraint.

The bill directs the Department of Education to establish guidelines on adequate physical requirements for a seclusion area, including guidelines on the lighting and space of the seclusion area. The guidelines are to ensure the safety and dignity of the student placed in the seclusion area.

The bill also directs the department to annually collect data from school districts, educational services commissions, and approved private schools for students with disabilities on the use of physical restraint and seclusion. The department is to annually publish the data on its website disaggregated by county and by race, gender, and age.

Finally, the bill provides that the requirements included in current law and in the bill on the use of physical restraint and seclusion on students with disabilities, will also be applied to the use of physical restraint and seclusion on all other students.