S3693

An Act concerning the use of physical restraint and seclusion in 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 1 of P.L.2017, c.291 (C.18A:46-13.4) is amended to read as follows:

1. As used in [this act] P.L.2017, c.291 (C.18A:46-13.4 et seq.):

“Mental health care professional” means an individual licensed or certified by the State to provide or administer mental health care to youth or adolescents in the ordinary course of business or practice of a profession.

“Mental health clearance” means an assessment conducted by a mental health care professional to determine, at the time of the assessment, whether a student is substantially likely to injure themselves or others if returned to school.

"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 [his or her] the student’s body.

“Public school” means a school, under college grade, that derives its support entirely or in part from public funds and is operated by the governing body of a school district, charter school, or renaissance school project.

"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.

(cf: P.L.2017, c.291, s.1)

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

2. a. A [school district] public school, an educational services commission, or an approved private school for students with disabilities [that utilizes] shall utilize physical restraint on students with disabilities only in accordance with the student’s individualized education program. A public school, an educational services commission, or an approved private school for 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, board of trustees, or governing board to be qualified to provide [such] the 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;

(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 pursuant to paragraph (3) of this subsection, 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] a behavioral intervention plan at [the next] an individualized education [plan] program meeting, which shall be held within one month of the use of physical restraint.

b. A [school district] public school, 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] behavioral supports in [the] a student's [behavior] behavioral intervention [plans] plan developed by the individualized education [plan] program team pursuant to paragraph (6) of subsection a. of this section.

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

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

3. a. A [school district] public school, an educational services commission, or an approved private school for students with disabilities [that utilizes] shall utilize seclusion techniques on students with disabilities only in accordance with the student’s individualized education program. A public school, an educational services commission, or an approved private school for 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 pursuant to paragraph (3) of subsection a. of section 2 of P.L.2017, c.291 (C.18A:46-13.5), 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] a behavioral intervention plan at [the next] an individualized education [plan] program meeting, which shall be held within one month of the use of a seclusion technique; and

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

b. A [school district] public school, 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] behavioral supports in [the] a student's [behavior] behavioral intervention [plans] plan developed by the individualized education [plan] program team pursuant to paragraph (3) of subsection a. of this section.

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

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

4. The [department] Department of Education shall establish guidelines for [school districts] public schools, 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] program team may, as deemed appropriate, determine to revise the [behavior] behavioral intervention plan or classroom supports, and a [school district] public school, educational services commission, or approved private school for students with disabilities may determine to revise a staff member's professional development plan.

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

5. (New section) a. The Department of Education shall annually collect data from public schools, educational services commissions, and approved private schools for students with disabilities on:

(1) the number of 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;

(2) the number of students with disabilities on which a physical restraint or a seclusion technique was utilized;

(3) the number of students with disabilities who have been excluded from school and required to undergo a mental health clearance in order to return to school; and

(4) the number of days each student was removed from school pending acceptance by the school of clearance to return.

b. The department shall annually publish the data collected pursuant to subsection a. of this section on its website in a manner that protects student privacy and in accordance with applicable State and federal law. The data published on the website shall be reported as a total for each public school, educational services commission, and approved private school for students with disabilities and include Statewide totals. In addition, the published data shall separately be disaggregated by the race, gender, age, and type of disability of the students.

6. (New section) As used in sections 6 through 11 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.

7. (New section) a. A public school that utilizes physical restraint on a student, 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;

(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 or board of trustees to be qualified to provide the training, and that the training is updated at least annually;

(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 behavioral improvement plan for the student.

b. Following the use of physical restraint pursuant to subsection a. of this section, a public school shall:

(1) develop or improve, with parental participation, a behavioral improvement plan at a meeting that shall be held within one month of the use of physical restraint; and

(2) provide to the student any necessary supports as determined by the public school. Supports shall be provided in a manner consistent with the board of education’s or board of trustee’s intervention and referral services as required pursuant to State Board of Education regulations. The public school may initiate, or a parent or guardian may request the initiation of, the special education classification process, if appropriate.

c. A public school shall attempt to minimize the use of physical restraints through inclusion of positive behavioral supports in the student's behavioral improvement plan developed pursuant to paragraph (1) of subsection b. of this section.

8. (New section) a. A public school that utilizes seclusion techniques on a student, 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;

(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 pursuant to paragraph (3) of subsection a. of section 7 of P.L. , c. (C. ) (pending before the Legislature as this bill), in order to protect the safety of the child and others;

(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 behavioral 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.

b. Following the use of seclusion techniques pursuant to subsection a. of this section, a public school shall:

(1) develop, with parental participation, a behavioral improvement plan at a meeting that shall be held within one month of the use of a seclusion technique; and

c. A public school shall attempt to minimize the use of seclusion techniques through inclusion of positive behavioral supports in the student's behavioral improvement plan developed pursuant to paragraph (1) of subsection b. of this section.

9. (New section) a. The Department of Education shall annually collect data from public schools on students, other than students classified pursuant to chapter 46 of Title 18A of the New Jersey Statutes, on the following:

(1) the number of times a physical restraint or seclusion technique was utilized on a student and the type and duration of the physical restraint or seclusion technique that was utilized;

(2) the number of students on which a physical restraint or a seclusion technique was utilized;

(3) the number of students who have been excluded from school and required to undergo a mental health clearance in order to return to school; and

(4) the number of days each student was removed from school pending the acceptance by the school of clearance to return.

b. The department shall annually publish the data collected pursuant to subsection a. of this section on its website in a manner that protects student privacy and in accordance with applicable State and federal law. The data published on the website shall be reported as a total for each public school and include Statewide totals. In addition, the published data shall separately be disaggregated by the race, gender, and age of the student.

10. (New section) a. In the second full school year following the date of enactment of P.L. , c. (C. ) (pending before the Legislature as this bill), the Commissioner of Education shall survey each public school, educational services commission, and approved private school for students with disabilities on the use of mental health clearances and the impact of any policy put in place to comply with the provisions of P.L. , c. (C. ) (pending before the Legislature as this bill).

b. Within 180 days of the start of the third full school year following the date of enactment of P.L. , c. (C. ) (pending before the Legislature as this bill), the commissioner shall submit a report to the Governor and, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), the Legislature that includes the data collected by the Department of Education pursuant to sections 5 and 9 of P.L. , c. (C. ) (pending before the Legislature as this bill); the types of policies developed by public schools, educational services commissions, and approved private schools for students with disabilities to comply with the provisions of P.L. , c. (C. ) (pending before the Legislature as this bill); and any measurable impact on student academic performance after the use of physical restraint or seclusion or on student return to school after receiving a mental health clearance.

11. (New section) a. The Department of Education shall develop a crisis intervention training program that includes, at a minimum, the following:

(1) evidence-based techniques that are shown to be effective in the prevention and safe use of physical restraint and seclusion techniques on students;

(2) competency-based skills training relating to positive support, conflict prevention, de-escalation, and crisis response techniques;

(3) guidelines on understanding when there is an immediate danger of serious physical harm to a student or others and when to intervene;

(4) an emphasis on safety and respect for the rights and dignity of each person involved in an incident that involves the use of physical restraint or seclusion techniques on a student;

(5) an emphasis on using the least restrictive form of intervention and taking incremental steps in an intervention;

(6) alternatives to the use of physical restraint and seclusion techniques;

(7) strategies for the safe implementation of restrictive interventions;

(8) the use of emergency safety interventions that include continuous assessment and monitoring of the physical well-being of a student and the safe use of physical restraint and seclusion techniques throughout the duration of a restrictive intervention;

(9) prohibited actions relative to physical restraint and seclusion techniques;

(10) debriefing strategies and the importance and purpose of debriefing;

(11) best practices for documentation of instances of the use of physical restraint and seclusion techniques on a student; and

(12) measurable learning objectives for participants.

b. The department shall make the training developed pursuant to subsection a. of this section available to public schools, educational services commissions, and approved private schools for students with disabilities at no cost.

12. This act shall take effect immediately.

STATEMENT

This bill expands limits on the use of restraint and seclusion techniques to all students and imposes certain data collection and training requirements on the Department of Education (department). Current law imposes certain requirements on school districts, educational services commissions, and approved private schools for students with disabilities that utilize physical restraint or seclusion techniques on a student with disabilities. This bill amends that law to explicitly include charter schools and renaissance school projects and require:

1) the utilization of physical restraint or a seclusion technique on a student with disabilities to be in accordance with the student’s individualized education program;

2) an individualized education program meeting to be held within one month after each incident in which physical restraint or a seclusion technique is used; and

3) immediate parental notification when a seclusion technique is used and a full written report of the incident, which is provided to the parent or guardian within 48 hours of the occurrence of the incident.

The bill also directs the department to annually collect data from public schools, educational services commissions, and approved private schools for students with disabilities on the use of physical restraint and seclusion. The collected data is required to include the number of students who have been excluded from school and required to undergo a mental health clearance in order to return to school, and the number of days each student was removed from school pending the acceptance by the school of clearance to return. The data published on the website would be reported as a total for each public school, educational services commission, and approved private school for students with disabilities and include Statewide totals. In addition, the published data would be separately disaggregated by the race, gender, age, and type of disability of the students.

The bill provides that the requirements included in current law and in the bill on the use of physical restraint and seclusion techniques on students with disabilities, are to also be applied to the use of physical restraint and seclusion techniques on all other students. As to the general education students, the bill directs that following the use of physical restraint or seclusion pursuant to the provisions of the bill, a public school is to develop, with parental participation, a behavioral improvement plan at a meeting that is to be held within one month of the use of physical restraint or seclusion techniques.

The bill directs the department to develop, and make available to public schools, educational services commissions, and approved private schools for students with disabilities at no cost, a crisis intervention training program that covers certain listed topics, including evidence-based techniques that are shown to be effective in the prevention and safe use of physical restraint and seclusion; competency-based skills training relating to positive support, conflict prevention, de-escalation, and crisis response techniques; and guidelines on understanding when there is an immediate danger of serious physical harm to a student or others and when to intervene.

The bill also directs the Commissioner of Education to collect certain data related to the use of mental health clearances and the impact of the provisions of the bill. The bill then requires the commissioner, within 180 days of the start of the third full school year following the date of enactment to submit a report including this information to the Governor and Legislature.