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28th Legislature(2013-2014)

Bill Text 28th Legislature

00 Enrolled HB 210                                                                                                         
01 Relating to crisis intervention training for school personnel; and relating to restraint and                            
02 seclusion of students in public schools.                                                                                
03                           _______________                                                                               
04    * Section 1. AS 14.33.120(a) is amended to read:                                                                   
05            (a)  Each governing body shall adopt a written school disciplinary and safety                                
06       program. The program required under this subsection must be made available to                                 
07       students, parents, legal guardians, and the public and include written                                        
08                 (1)  standards for student behavior and safety that reflect community                                   
09       standards and that include, at a minimum, basic requirements for respect and honesty;                             
10       standards required under this paragraph must be developed and periodically reviewed                               
11       with the collaboration of members of each school, parents, legal guardians, teachers,                         
12       and other persons responsible for the students at a school; a governing body may                                  
13       require that standards developed under this paragraph be consistent for all schools in                            
14       an attendance area or the district;                                                                               
01                 (2)  standards relating to when a teacher is authorized to remove a                                     
02       student from the classroom for                                                                                    
03                      (A)  failure to follow student behavior and safety standards; or                                   
04                      (B)  behavior described under AS 14.30.045(1) or (2);                                              
05                 (3)  procedures for notifying teachers of dangerous students consistent                                 
06       with AS 47.12.310(b);                                                                                             
07                 (4)  standards relating to when a teacher, teacher's assistant, or other                                
08       person responsible for students is authorized to use reasonable and appropriate force to                          
09       maintain classroom safety and discipline as described under AS 11.81.430(a)(2);                                   
10                 (5)  policies necessary to comply with provisions of state and federal                                  
11       law, including 20 U.S.C. 1400 - 1482 (Individuals with Disabilities Education Act);                               
12                 (6)  standards to address needs of students for whom mental health or                                   
13       substance abuse may be a contributing factor to noncompliance with the school                                     
14       disciplinary and safety program;                                                                                  
15                 (7)  policies for implementing a student conflict resolution strategy,                                  
16       including the nonviolent resolution or mediation of conflicts and procedures for                                  
17       reporting and resolving conflicts;                                                                                
18                 (8)  procedures for periodic review and revision of the school                                          
19       disciplinary and safety program;                                                                              
20                 (9)  policies and procedures consistent with standards for use of                                   
21       restraint and seclusion of students as described in AS 14.33.125.                                             
22    * Sec. 2. AS 14.33.120(b) is repealed and reenacted to read:                                                       
23            (b)  A school shall, on the same day as the incident, provide to the parent or                               
24       legal guardian of an affected student information relating to an incident involving                               
25       disruptive or violent behavior by the student that resulted in restraint or seclusion of                          
26       the student by school personnel.                                                                                  
27    * Sec. 3. AS 14.33 is amended by adding new sections to read:                                                      
28            Sec. 14.33.125. Student restraint or seclusion; limitations. (a) A public                                  
29       school disciplinary and safety program must                                                                       
30                 (1)  prohibit restraint or seclusion of a student except as provided in (b)                             
31       of this section;                                                                                                  
01                 (2)  be annually reviewed with school personnel;                                                        
02                 (3)  include a written report of each incident that is maintained in the                                
03       student's record as described in (d) of this section; and                                                         
04                 (4)  include a review of each incident in which restraint or seclusion is                               
05       used as provided in (e) of this section.                                                                          
06            (b)  A teacher, teacher's assistant, or other person responsible for students may                            
07       physically restrain or seclude a student only if                                                                  
08                 (1)  the student's behavior poses an imminent danger of physical injury                                 
09       to the student or another person;                                                                                 
10                 (2)  less restrictive interventions would be ineffective to stop the                                    
11       imminent danger to the student or another person;                                                                 
12                 (3)  the person continuously monitors the student in face-to-face                                       
13       contact or, if face-to-face contact is unsafe, by continuous direct visual contact with                           
14       the student;                                                                                                      
15                 (4)  the person has received training in crisis intervention and de-                                    
16       escalation and restraint techniques that has been approved by the department under                                
17       AS 14.33.127, unless a trained person is not immediately available and the                                        
18       circumstances are rare and present an unavoidable and unforeseen emergency; and                                   
19                 (5)  the restraint or seclusion is discontinued immediately when the                                    
20       student no longer poses an imminent danger of physical injury to the student or                                   
21       another person or when a less restrictive intervention is effective to stop the danger of                         
22       physical injury.                                                                                                  
23            (c)  A teacher, teacher's assistant, or other person responsible for students may                            
24       not                                                                                                               
25                 (1)  use chemical restraint;                                                                            
26                 (2)  use mechanical restraint; or                                                                       
27                 (3)  physically restrain a student by placing the student on the student's                              
28       back or stomach or in a manner that restricts the student's breathing.                                            
29            (d)  School personnel who restrain or seclude a student shall provide a written                              
30       report of the incident to the school administrator. A school shall provide a copy of the                          
31       report to the student's parents or legal guardians. The report must include                                       
01                 (1)  the date and time of the incident;                                                                 
02                 (2)  the names and job titles of school personnel who participated in or                                
03       supervised the incident;                                                                                          
04                 (3)  a description of the activity that preceded the incident, including                                
05       efforts and strategies used with the student before the incident;                                                 
06                 (4)  a description of the incident, including the type and duration of the                              
07       intervention used;                                                                                                
08                 (5)  a description of how the incident ended, including any further                                     
09       action taken.                                                                                                     
10            (e)  A school district shall ensure that a review process is established and                                 
11       conducted for each incident that involves restraint or seclusion of a student. The                                
12       review must be conducted as soon as practicable after the event and include                                       
13                 (1)  staff review of the incident;                                                                      
14                 (2)  follow-up communication with the student and the student's parent                                  
15       or legal guardian;                                                                                                
16                 (3)  review of and recommendations for adjusting or amending                                            
17       procedures, strategies, accommodations, individualized education plans, or other                                  
18       student behavior plans, or for additional staff training.                                                         
19            (f)  Each school district shall annually report to the department, on a form                                 
20       acceptable to the department, the total number of incidents involving the restraint or                            
21       seclusion of a student. The report must specify                                                                   
22                 (1)  the number of incidents that resulted in injury or death of students                               
23       or personnel;                                                                                                     
24                 (2)  the number of incidents in which school personnel involved in the                                  
25       restraint or seclusion were not trained in an approved crisis intervention training                               
26       program as described in AS 14.33.127(b); and                                                                      
27                 (3)  the number of incidents involving the restraint or seclusion of a                                  
28       child with a disability under AS 14.30.350; the report must also include the category                             
29       of the disability of the child involved in each incident.                                                         
30            (g)  In this section,                                                                                        
31                 (1)  "chemical restraint" means a psychopharmacologic drug that is                                      
01       used on a student for discipline or convenience and that is not required to treat a                               
02       medical symptom;                                                                                                  
03                 (2)  "mechanical restraint" means the use of a device that is not a                                     
04       medical device or protective equipment prescribed by a qualified health care                                      
05       professional to restrict a student's freedom of movement;                                                         
06                 (3)  "physically restrain" or "physical restraint" means a personal                                     
07       restriction that immobilizes or reduces the ability of a student to move the student's                            
08       arms, legs, or head freely;                                                                                       
09                 (4)  "restraint" means physical restraint, chemical restraint, mechanical                               
10       restraint, or other aversive behavioral interventions that compromise health and safety;                          
11                 (5)  "seclusion" means the involuntary confinement of a student alone                                   
12       in a room or area that the student is physically prevented from leaving; "seclusion"                              
13       does not include a classroom time-out, supervised detention, or suspension from                                   
14       school under AS 14.30.045.                                                                                        
15            Sec. 14.33.127. Crisis intervention training. (a) The department shall                                     
16       approve crisis intervention training programs for schools, which shall include training                           
17       in                                                                                                                
18                 (1)  evidenced-based techniques that have been shown to be effective in                                 
19       the prevention of restraint and seclusion of students;                                                            
20                 (2)  evidence-based techniques shown to be effective in keeping school                                  
21       personnel and students safe when imposing physical restraint or seclusion of students;                            
22                 (3)  evidence-based skills related to positive behavior supports, conflict                              
23       prevention, understanding antecedents, de-escalation, and conflict management;                                    
24                 (4)  first aid and cardiopulmonary resuscitation; and                                                   
25                 (5)  applicable policies and procedures.                                                                
26            (b)  The governing body of a school shall ensure that a sufficient number of                                 
27       school employees receives periodic training in an approved crisis intervention                                    
28       program to meet the needs of the school population.                                                               
29            (c)  In this section,                                                                                        
30                 (1)  "restraint" has the meaning given in AS 14.33.125;                                                 
31                 (2)  "seclusion" has the meaning given in AS 14.33.125.                                                 
01    * Sec. 4. AS 14.45.100 is amended to read:                                                                         
02            Sec. 14.45.100. Exemption. Except as provided in (b) of this section, a [A]                              
03       religious or other private school that complies with AS 14.45.100 - 14.45.130 is                                  
04       exempt from other provisions of law and regulations relating to education except law                              
05       and regulations relating to physical health, fire safety, sanitation, immunization, and                           
06       physical examinations.                                                                                            
07    * Sec. 5. AS 14.45.100 is amended by adding a new subsection to read:                                              
08            (b)  A religious or other private school that is exempt under this section is not                            
09       required to comply with AS 14.33.120(b), 14.33.125, or 14.33.127.                                                 
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