All Hand On Deck: House Bill 1073 – Persons with Disabilities

All Hand On Deck: House Bill 1073 – Persons with Disabilities E/BD Coordinator’s Meeting September 29, 2010 (adapted from recent AMM)

As we set sail today … • Review Section 1003.573 • Information provided to date • Action taken to date • Share newly approved guidance • Hear from you about additional questions/concerns

And now for some choppy waters …Section 1003.573, F.S., Use of Seclusion and Restraint on Students with Disabilities

Here’s what we’ve said to date … • Reporting and data entry required by s.1003.573, F.S., applies to students with an IEP or 504 plan • Reporting applies to both incidents of seclusion and restraint • The web-based reporting system uses the definitions that are now required by the Office of Civil Rights for reporting by all SEAs

Here’s what we’ve said to date … The following practices are prohibited by law – • Any restraint that restricts breathing • Closing, locking, or physically blocking a student in a room that is unlit and does not meet the rules of the State Fire Marshal (Rule 69A-58.0084)

Here’s what we’ve said to date … • On the day of the incident, your schools must • Notify the parent/guardian in writing – you decide what that content is AND • Make reasonable efforts to call or e-mail the parent/guardian

Here’s what we’ve said to date … • Within 24 hours of the incident your schools must • Prepare an incident report with all the required components – they are incorporated in the web-based system • If the incident occurs the day before school is closing for weekend, holiday, or for another reason – the school must complete the incident report by end of the day that school reopens

Here’s what we’ve said to date … • Within 3 school days after the incident, your schools must • Mail the completed incident report to the parent/guardian • For all notices[“day of”] and incident reports, your schools must • Obtain and keep in records, the parent/guardian’s written acknowledgement that they received the “day of” notice and the incident report

Here’s what we’ve said to date … • About getting parent/guardian acknowledgement of notice and incident report • Make reasonable efforts by • Sending report again with a reminder • Calling or emailing to remind to return • You decide how to do this – not just one way

Here’s what we’ve said to date … • When a student is released from a restraint; re-engages in aggression/self injury; is restrained again • You will determine whether this is one incident or two incidents based on how you would describe “what occurred with the student immediately after termination of restraint” • If you would write – “restraint was resumed” – that is one incident • If you would write anything else like – “got a drink of water” – that is two incidents

Here’s what we have done to date • Sent Legislative Memo on July 16th • Designed web-based reporting system • Piloted with two districts during July • Rolled out training to districts on web-based system through multiple calls in August • Provided ESE Policies and Procedures template on August 8th • Districts must submit no later than January 31, 2011 • Published TAP on Seclusion and Restraint

The rest of the story … And now …

Our cruise ship is ready to embark • The decks are swabbed • The chaise lounges are neatly aligned • Swimsuits are perfect • Now – did everyone apply sunscreen?

What is so important about Section 1003.573?What must we know to avoid sinking the ship and getting sun-burned?

Section 1003.573, F.S., does not provide definitions • The Bureau has determined that all documentation, reporting, and monitoring requirements for restraint shall be based upon the same definitions issued by the Office of Civil Rights (OCR)

What is restraint? • An emergency intervention • Not an instructional tool • For prevention of injury to student or others • Should only be used when imminent risk of serious injury or death exists (adapted from new Seclusion and Restraint TAP)

Physical Restraint – OCR Definition • Physical restraint immobilizes or reduces the ability of a student to move his or her torso, arms, legs, or head freely • Physical restraint does not include a physical escort - a temporary touching or holding of the hand, wrist, arm, shoulder, or back for the purpose of inducing a student who is acting out to walk to a safe location

What is seclusion? • An emergency intervention • Not an instructional tool • For prevention of injury to student or others • Should only be used when imminent risk of serious injury or death exists (adapted from new Seclusion and Restraint TAP)

Seclusion – OCR Definition • Seclusion is the involuntary confinement of a student alone in a room or area from which the student is physically prevented from leaving • It does not include a time-out, which is a behavior management technique that is part of an approved program, involves the monitored separation of the student in a non‐locked setting, and is implemented for the purpose of calming

Crucial Reminders • Seclusion rooms must meet the requirements identified in Rule 69A-58.0084, F.A.C., Seclusion Time-out Rooms • An electro-magnetic locking device is the only approved device to secure a seclusion room – requires constant human contact • A view panel is required – to allow continuous observation • Covering a view panel is expressly prohibited

Mechanical Restraint –OCR Definition • Mechanical restraint is the use of any device or equipment to restrict a student’s freedom of movement • The term does not include devices implemented by trained school personnel or devices used by a student that have been prescribed by an appropriate medical or related service professional and are used for the specific and approved purposes for which such devices were designed

We know where the lifejackets are stowed … but still feel nervous Restraints are happening Seclusion rooms have occupants

If the incident report is provided on the day of the incident, could this suffice as meeting the requirement to provide notice? • Yes, as long as the school documents that the incident report also serves as the written notice • Written acknowledgement of receipt must be obtained from the parent/guardian and kept in the school’s records

Do the new requirements apply to students receiving services in facilities other than public school buildings? • The new statutory language does not exclude any specific locations • The requirements apply to all students with disabilities in any school program, including such settings as DJJ facilities and residential programs • This applies to placement in a residential setting by a district and to placements made by other state agencies • Districts need to consider establishing reporting procedures when a student is in such a setting

Do the new requirements apply to incidents of seclusion and restraint that occur outside of the school day? • The new language does not include parameters on time of day but does reference “school day” • For now, districts are advised to report all incidents of seclusion and restraint

Do the requirements apply when seclusion and/or restraint are used by a school resource officer (SRO)? • The new requirements do not exclude any specific personnel • Therefore, when a SRO secludes and/or restrains a student with a disability, such an incident must be reported • If such an incident rises to the level of arrest, that would then constitute the end of seclusion and/or restraint • The school must still document and report the incident(s) of seclusion and/or restraint that preceded the arrest

If a student residing in foster care or a group home is secluded or restrained, to whom should the notice and incident report be provided? • In this instance, both the notice and the incident report should be provided to the foster parent • Schools should consult with the district Foster Care Educational Liaison for information regarding all matters of communication about students in foster care or group care settings

What if the parent/guardian fails to provide written acknowledgement? • Make reasonable efforts – some suggestions include: • Mail the notice and/or incident report a second time with return receipt requested • Contact the parent/guardian by telephone as a reminder • Use scheduled meetings to review the status • Print and send 2 copies of the incident report to the parent/guardian, requesting that one copy be signed and returned

If a student is restrained and then put in seclusion (or visa versa) during one behavioral episode, is this one incident or two in the reporting system? • Seclusion and restraint are reported separately so these examples would constitute two separate reports

Who should have access to the reporting system? • Districts will decide who should have access • At a minimum, ESE Directors have access but all decisions about others will be made at the local level • ESE Directors must send requests to Marie LaCap for adding district level users

Is there a minimum amount of time in seclusion or restraint that constitutes a reportable incident? • The law does not define any time period that constitutes an occurrence of seclusion or restraint • All occurrences be documented, reported, and monitored

Don’t forget about monitoring Check those tan lines and waistlines – cruising can be scary!

Monitoring – Classroom level • Allows staff (teachers, counselors, therapists, psychologists, behavior specialists, behavior analysts) to revise the instructional, behavioral, or other aspect of the student’s program • Analyzing circumstances around the use of seclusion and/or restraint may provide valuable information for planning how to avoid the use of seclusion and/or restraint in the future

Monitoring – Classroom level • The recurrent use for an individual student indicates the need for a functional behavioral assessment (FBA) • Recurrent use should trigger a review and possible revision of the student’s IEP and behavior intervention plan (BIP)

Monitoring – Classroom level • Recurrent use with more than one student in a particular setting indicates a need to review the structure of the setting and its various components • Any use should be reviewed by the school-based problem-solving team to examine the circumstances of the event and determine what strategies may be employed to avoid the use of seclusion and/or restraint in the future • Any use and subsequent review may also lead to a parent-teacher conference or to convening the IEP team

Monitoring – Building level • The principal must be informed of all instances of the use of seclusion and restraint and should review all documentation of such events • Monitoring at the building level should include an analysis of the following: • The frequency, duration, and location of seclusion and restraint procedures • Staff involved in the use of seclusion and restraint procedures • Appropriate use of seclusion and restraint procedures • Proper documentation and timely parental notification

Monitoring – Building level • On-going analysis of these components should alert administration to the misuse and/or overuse of seclusion and restraint procedures • in particular settings • by particular staff • with specific students

Monitoring – Building level • Principals should use these data to • initiate reviews of student IEPs and/or BIPs • request technical assistance to help staff make changes in the classroom or other settings • identify teachers or other staff in need of additional support and/or training • Administrators may need to be involved in the review of individual incidents as part of the instructional team

Monitoring – District level • District-level administrators are required to monitor the use of seclusion and restraint throughout the school district • Data collected and periodically reviewed by the district should be used to identify schools where there is multiple and repeated use of seclusion and/or restraint

Monitoring – District level • Review of individual schools should focus on identification of reasons for the use of these techniques and include: • Scrutiny of the positive behavioral supports being used • Evaluation of the circumstances leading up to the appropriate application of seclusion and restraint as emergency interventions

Monitoring – District level continued… • Review of instructional programs for students having behavioral problems • A plan, which may include staff development, should be designed to reduce or eliminate the need for emergency interventions using seclusion and/or restraint techniques • This plan should be supported and monitored by district staff

Monitoring – State level • FDOE shall maintain aggregate data of incidents of seclusion and restraint and disaggregate the data for analysis by county, student exceptionality, and other variables • The Bureau will develop procedures to validate documentation and reporting to ensure that all incidents of seclusion and restraint are reported in an accurate and timely manner

Using the web-based reporting system - Technical challenges • LOTS of questions about getting logins and passwords • Districts want to assign an individual to multiple schools (not permitted by system) • Duplicate records • Overlapping incidents according to report • Example: same student is restrained from 9:00 to 9:15 and 9:10 to 9:20 on the same day

Considerations for Reporting Context in which seclusion occurred • Describe what was happening at the time the incident occurred, including the activity or type of interaction the student was involved in prior to the behavior that resulted in seclusion. • Level of detail in reports varies widely—from extraneous detail to very vague information

Considerations for Reporting Student’s behavior leading up to and precipitating decision to use seclusion • Describe what the student was doing prior to and during the incident that required the use of seclusion. What was the behavior that warranted the use of seclusion?

Considerations for Reporting Describe specific positive behavioral strategies used to prevent/deescalate the behavior • Clearly describe (not list) any and all intervention/strategies used, both long term (i.e. specific strategies in an individual behavior intervention plan and/or classroom management plan) and more immediate in relation to the time shortly before this particular seclusion occurred • Specifically describe the interventions that were unique to the student and this particular seclusion

Considerations for Reporting • How was it determined that there was imminent risk of serious injury or death to the student or others? • Describe what occurred with student immediately after termination of seclusion • Describe any injuries, visible marks, or medical emergencies that occurred during seclusion or restraint

We are not home yet – still sailingDistrict Policies and Procedures

What should districts do to ensure appropriate practices? • At a minimum school districts must have policies and procedures regarding the use of seclusion and restraint that are addressed in the new law • When reviewing or writing policies and procedures related to seclusion and restraint, districts should evaluate content related to • Allowable use • Personnel authorized to use seclusion and restraint • Training procedures • Analysis of data to determine trends

What should districts do to ensure appropriate practices? • Districts are encouraged to implement positive behavior supports and intervention strategies designed to reduce the occurrence of problem behavior for all students • Several BEESS Discretionary Projects have expertise and resources to assist with positive behavioral supports/strategies (Contact – FLPBS, SEDNET, FDLRS)

All Hand On Deck: House Bill 1073 – Persons with Disabilities