The bill seeks to improve the safety and well-being of students in public schools by prohibiting harmful practices such as chemical restraint, mechanical restraint, and isolation. It establishes clear definitions for these terms and emphasizes the necessity of staff training in behavioral intervention strategies. The use of restraint or isolation is strictly regulated, only permitted when there is an imminent likelihood of serious harm, and must be closely monitored. The legislation also prohibits certain interventions, including chemical restraint and corporal punishment, especially when contraindicated by a student's documented health or educational needs. Importantly, neither students nor their guardians can consent to these prohibited interventions, and school districts are required to report incidents of restraint and isolation to enhance public accountability.
Additionally, the bill introduces new requirements for school districts regarding the management of student behavior, including annual monitoring of policies and training plans. It mandates comprehensive incident follow-up procedures, timely notifications to parents, and the development of behavioral intervention plans for affected students. Starting August 1, 2025, isolation for students in prekindergarten through grade five is largely prohibited unless specific conditions are met. The bill also emphasizes the importance of training for staff, particularly those working with students with disabilities, and establishes a framework for crisis prevention and response training. Furthermore, it allows for temporary exemptions from isolation prohibitions under certain conditions and includes provisions for repealing outdated laws, with the stipulation that the bill will be null and void if specific funding is not provided by June 30, 2024.
Statutes affected: Original Bill: 28A.600.485
Substitute Bill: 28A.155.210, 28A.310.515
Second Substitute: 28A.155.210, 28A.310.515
Engrossed Second Substitute: 43.01.036, 28A.310.515
Third Substitute: 28A.600.485, 28A.600.486, 43.01.036
Fourth Substitute: 28A.600.485, 28A.600.486, 43.01.036
Engrossed Fourth Substitute: 28A.600.485, 28A.600.486, 28A.155.210, 28A.320.127, 28A.320.125, 28A.410.270, 28A.155.250, 28A.415.330