HB-5126, As Passed Senate, December 13, 2017

SUBSTITUTE FOR

HOUSE BILL NO. 5126

A bill to amend 1976 PA 451, entitled

"The revised school code,"

by amending section 1307h (MCL 380.1307h), as added by 2016 PA 402.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 1307h. As used in sections 1307 to 1307h:

(a) "Chemical restraint" means the administration of

medication for the purpose of restraint.

(b) "De-escalation techniques" means evidence- and research-

based strategically employed verbal or nonverbal interventions used

to reduce the intensity of threatening behavior before, during, and

after a crisis situation occurs.

department that is uniform across the state.

(d) "Emergency physical restraint" means a last resort

emergency safety intervention involving physical restraint that is

necessitated by an ongoing emergency situation and that provides an

opportunity for the pupil to regain self-control while maintaining

the safety of the pupil and others. Emergency physical restraint

does not include physical restraint that is used for the

convenience of school personnel, as a substitute for an educational

program, as a form of discipline or punishment, as a substitute for

less restrictive alternatives, as a substitute for adequate

staffing, or as a substitute for school personnel training in

positive behavioral intervention and support. Emergency physical

restraint does not include a practice prohibited under section

1307b. Emergency physical restraint does not include physical

restraint when contraindicated based on a pupil's disability,

health care needs, or medical or psychiatric condition, as

documented in a record or records made available to the school.

(e) "Emergency seclusion" means a last resort emergency safety

intervention involving seclusion that is necessitated by an ongoing

emergency situation and that provides an opportunity for the pupil

to regain self-control while maintaining the safety of the pupil

and others. To qualify as emergency seclusion, there must be

continuous observation by school personnel of the pupil in

seclusion, and the room or area used for confinement must comply

with state and local fire and building codes; must not be locked;

must not prevent the pupil from exiting the area if school

personnel become incapacitated or leave that area; and must provide

for adequate space, lighting, ventilation, viewing, and the safety

and dignity of the pupil and others, in accordance with department

guidelines. Emergency seclusion does not include the confinement of

preschool children or of pupils who are severely self-injurious or

suicidal; seclusion that is used for the convenience of school

personnel, as a substitute for an educational program, as a form of

discipline or punishment, as a substitute for less restrictive

alternatives, as a substitute for adequate staffing, or as a

substitute for school personnel training in positive behavioral

intervention and support; or a practice prohibited under section

1307b. Emergency seclusion does not include seclusion when

contraindicated based on a pupil's disability, health care needs,

or medical or psychiatric condition, as documented in a record or

records made available to the school.

(f) "Emergency situation" means a situation in which a pupil's

behavior poses imminent risk to the safety of the individual pupil

or to the safety of others. An emergency situation requires an

immediate intervention.

(g) "Functional behavioral assessment" means an evidence- and

research-based systematic process for identifying the events that

trigger and maintain problem behavior in an educational setting. A

functional behavioral assessment shall describe specific

problematic behaviors, report the frequency of the behaviors,

assess environmental and other setting conditions where problematic

behaviors occur, and identify the factors that are maintaining the

behaviors over time.

(h) "Key identified personnel" means those individuals who

have received the mandatory training described in section

1307g(b)(i) to (xvi).

(i) "Law enforcement officer" means an individual licensed

under the Michigan commission on law enforcement standards act,

1965 PA 203, MCL 28.601 to 28.615.

(j) ~~(i)~~ "Mechanical restraint" means the use of any device,

article, garment, or material attached to or adjacent to a pupil's

body to perform restraint.

(k) ~~(j)~~ "Physical restraint" means restraint involving direct

physical contact.

(l) ~~(k)~~ "Positive behavioral intervention and support" means a

framework to assist school personnel in adopting and organizing

evidence-based behavioral interventions into an integrated

continuum of intensifying supports based on pupil need that unites

examination of the function of the problem behavior and the

teaching of alternative skill repertoires to enhance academic and

social behavior outcomes for all pupils.

(m) (l) "Positive behavioral intervention and support plan"

means a pupil-specific support plan composed of individualized,

functional behavioral assessment-based intervention strategies,

including, as appropriate to the pupil, guidance or instruction for

the pupil to use new skills as a replacement for problem behaviors,

some rearrangement of the antecedent environment so that problems

can be prevented and desirable behaviors can be encouraged, and

procedures for monitoring, evaluating, and modifying the plan as

necessary.

(n) ~~(m)~~ "Prone restraint" means the restraint of an individual

facedown.

(o) ~~(n)~~ "Regularly and continuously work under contract" means

that term as defined in section 1230.

(p) ~~(o)~~ "Restraint" means an action that prevents or

significantly restricts a pupil's movement. Restraint does not

include the brief holding of a pupil in order to calm or comfort,

the minimum contact necessary to physically escort a pupil from 1

area to another, the minimum contact necessary to assist a pupil in

completing a task or response if the pupil does not resist or

resistance is minimal in intensity or duration, or the holding of a

pupil for a brief time in order to prevent an impulsive behavior

that threatens the pupil's immediate safety, such as running in

front of a car. Restraint does not include the administration of

medication prescribed by and administered in accordance with the

directions of a physician, an adaptive or protective device

recommended by a physician or therapist when it is used as

recommended, or safety equipment used by the general pupil

population as intended, such as a seat belt or safety harness on

school transportation. Restraint does not include necessary actions

taken to break up a fight, to stop a physical assault, as defined

in section 1310, or to take a weapon from a pupil. Restraint does

not include actions that are an integral part of a sporting event,

such as a referee pulling football players off of a pile or a

similar action.

(q) ~~(p)~~ "Restraint that negatively impacts breathing" means

any restraint that inhibits breathing, including floor restraints,

facedown position, or any position in which an individual is bent

over in such a way that it is difficult to breathe. This includes a

seated or kneeling position in which an individual being restrained

is bent over at the waist and restraint that involves sitting or

lying across an individual's back or stomach.

(r) ~~(q)~~ "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 service at a nonpublic school. Except

for sections 1307d and 1307f, school personnel does not include a

law enforcement officer assigned to regularly and continuously work

under contract or under agreement in a public school.

(s) ~~(r)~~ "Seclusion" means the confinement of a pupil in a room

or other space from which the pupil is physically prevented from

leaving. Seclusion does not include the general confinement of

pupils if that confinement is an integral part of an emergency

lockdown drill required under section 19(5) of the fire prevention

code, 1941 PA 207, MCL 29.19, or of another emergency security

procedure that is necessary to protect the safety of pupils.

Enacting section 1. This amendatory act takes effect 90 days

after the date it is enacted into law.