SCHOOL RESTRAINT; EXEMPT POLICE H.B. 5126 (H-1):
SUMMARY OF BILL
REPORTED FROM COMMITTEE
House Bill 5126 (Substitute H-1 as reported without amendment)
Sponsor: Representative Daniela R. Garcia
House Committee: Education Reform
CONTENT
The bill would amend the Revised School Code to exempt law enforcement officers from provisions that govern the use of restraint on students and the seclusion of students.
The Code requires the Department of Education to develop a uniform State policy regarding the use of seclusion and restraint in public schools; and requires each school district and public school academy to adopt and implement a local policy consistent with the State policy.
Among other things, the State policy must include a clear statement that mechanical restraint is prohibited for all personnel in the public schools of the State under all circumstances, including emergency situations.
After any use of seclusion or restraint, school personnel must make reasonable efforts to debrief and consult with the parent or guardian, or with the parent or guardian and the pupil, as appropriate, regarding the determination of future actions. The debriefing and consultation must be done in accordance with Department guidelines and documented on forms developed by the Department.
The term "school personnel" includes all individuals employed in a public school or assigned to regularly and continuously work under contract or under agreement in a public school, or public school personnel providing services at a nonpublic school. The bill would exclude from "school personnel" a law enforcement officer assigned to regularly and continuously work under contract or under agreement in a public school, except for Sections 1307d and 1307f. (Section 1307d requires the State policy to include specific provisions regarding documentation and reporting of seclusion and restraint. Section 1307f requires the State policy to include specific provisions regarding data collection.)
MCL 380.1370h Legislative Analyst: Nathan Leaman
FISCAL IMPACT
The bill would have no fiscal impact on State or local government. The bill would keep current practices in place and would not add costs or produce savings.
Date Completed: 12-12-17 Fiscal Analyst: Cory Savino
This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.