[Second Reprint]

SENATE, No. 1163

STATE OF NEW JERSEY

217th LEGISLATURE

 

INTRODUCED FEBRUARY 8, 2016

 


 

Sponsored by:

Senator  KRISTIN CORRADO

District 40 (Bergen, Essex, Morris and Passaic)

Senator  STEPHEN M. SWEENEY

District 3 (Cumberland, Gloucester and Salem)

Assemblyman  DAVID C. RUSSO

District 40 (Bergen, Essex, Morris and Passaic)

Assemblyman  JOHN J. BURZICHELLI

District 3 (Cumberland, Gloucester and Salem)

Assemblyman  ANDREW ZWICKER

District 16 (Hunterdon, Mercer, Middlesex and Somerset)

Assemblywoman  ANGELA V. MCKNIGHT

District 31 (Hudson)

 

Co-Sponsored by:

Senators O'Toole and A.R.Bucco

 

 

 

 

SYNOPSIS

     Establishes certain requirements for use of restraint and seclusion on students with disabilities in school districts, educational services commissions, and approved private schools for students with disabilities.

 

CURRENT VERSION OF TEXT

     As reported by the Assembly Health and Senior Services Committee on December 18, 2017, with amendments.

  


An Act concerning the use of physical restraint and seclusion techniques on students with disabilities and supplementing chapter 46 of Title 18A of the New Jersey Statutes.

 

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

 

     1.    As used in this act:

     2“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 body.2

     “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.

 

     2.    1a.1  A school district 2, an educational services commission,2 or an approved private school for students with disabilities that utilizes physical restraint on students with disabilities shall ensure that:

     1[a.]  (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)1  a student is not restrained in the prone position, unless the student’s primary care physician authorizes 2, in writing,2 the use of this restraint technique;

     1[b.] (3)staff members who are involved in the restraint of a student receive training in safe techniques for physical restraint 2from an entity determined by the board of education to be qualified to provide such training,2 and that the training is updated at least annually; 1[and

     c.] (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 1[24] 481 hours of the occurrence of the incident 1;

     (5)   each incident in which a physical restraint is used is carefully and continuously visually monitored to ensure 2[the appropriateness of its use and] 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 protect2 the safety of the child 2and others2; and

     (6)   each incident in which physical restraint is used is documented in writing in sufficient detail to enable the staff to 2[understand the student’s behavior over time and]2 use this information to develop or improve the behavior intervention plan 2at the next individualized education plan meeting2.

     b.    A school district 2, an educational services commission,2 and an approved private school for students with disabilities shall attempt to minimize the use of physical restraints through 2[the development and implementation of individualized, comprehensive, positive behavior intervention plans1] inclusion of positive behavior supports in the student’s behavior intervention plans developed by the individualized education plan team2.

 

     3.    1a.1  A school district 2, an educational services commission,2 or an approved private school for students with disabilities that utilizes seclusion techniques on students with disabilities shall ensure that 1:

     (1)1 a seclusion technique is used on a student with disabilities only 2[with the prior written consent of the student’s primary care physician 1or]2 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 2[the appropriateness of its use and] 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 protect2 the safety of the child 2and others2; and

     (3)   each incident in which a seclusion technique is used is documented in writing in sufficient detail to enable the staff to 2[understand the student’s behavior over time and]2 use this information to develop or improve the behavior intervention plan 2at the next individualized education plan meeting2.

     b.    A school district 2, an educational services commission,2 and an approved private school for students with disabilities shall attempt to minimize the use of seclusion techniques through 2[the development and implementation of individualized, comprehensive, positive behavior intervention plans1] inclusion of positive behavior supports in the student’s behavior intervention plans developed by the individualized education plan team2.

     4.    2[1a.1  The Department of Education shall annually collect data from school districts and approved private schools for students with disabilities on the number of times a physical restraint or a seclusion technique was utilized on a student 1and the type and duration of the physical restraint or seclusion technique that was utilized,1 and the number of students on which a physical restraint or a seclusion technique was utilized.  The department shall publish the data annually on its website in a manner that protects student privacy.  1The data published on the website shall be disaggregated by county and by the race, gender, and age of the student.

     b.    The department shall review the data annually and shall provide assistance to those school districts and approved private schools for students with disabilities for which the data indicate a high incidence of the use of physical restraint or seclusion techniques, on recommended methods for reducing the use of physical restraint or seclusion techniques.

     c.]2 The department shall establish guidelines for school districts 2, educational services commissions,2 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 2[school district or approved private school for students with disabilities] student’s individualized education plan team2 may, as deemed appropriate, determine to revise 2[a] the2 behavior intervention plan 2[,] or2 classroom supports, 2[or] and a school district, educational services commission, or approved private school for students with disabilities may determine to revise2 a staff member’s professional development plan.1

 

     5.    This act shall take effect immediately.