CSHB 210(EDC): "An Act relating to crisis intervention training for school personnel; and relating to restraint and seclusion of students in public schools."
00 CS FOR HOUSE BILL NO. 210(EDC) 01 "An Act relating to crisis intervention training for school personnel; and relating to 02 restraint and seclusion of students in public schools." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 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, 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, teachers, and other persons 12 responsible for the students at a school; a governing body may require that standards 13 developed under this paragraph be consistent for all schools in an attendance area or 14 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, not later than 24 hours after the incident, provide to the 24 parent or legal guardian of an affected student information relating to an incident 25 involving disruptive or violent behavior by the student that resulted in restraint or 26 seclusion of 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 AS 17 14.33.127, unless a trained person is not immediately available and the circumstances 18 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 on request. 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 in a 12 room or area that the student is prevented from leaving; "seclusion" does not include a 13 classroom timeout, supervised detention, or suspension from school under AS 14 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.