Florida

“Mechanical restraint” means the use of a device that restricts a student’s freedom of movement. The term does not include the use of devices prescribed or recommended by physical or behavioral health professionals when used for indicated purposes.

“Physical restraint” means the use of manual restraint techniques that involve significant physical force applied by a teacher or other staff member to restrict the movement of all or part of a student’s body. The term does not include briefly holding a student in order to calm or comfort the student or physically escorting a student to a safe location.

Not defined in the seclusion and restraint law.

Not separately defined in seclusion and restraint law, although it is mentioned in the definition of seclusion as “a behavior management technique intended to calm a student.”

“Seclusion” means the involuntary confinement of a student in a room or area alone and preventing the student from leaving the room or area. The term does not include time-out used as a behavior management technique intended to calm a student.

“Corporal punishment” means the moderate use of physical force or physical contact by a teacher or principal as may be necessary to maintain discipline or to enforce school rule. However, the term “corporal punishment” does not include the use of such reasonable force by a teacher or principal as may be necessary for self-protection or to protect other students from disruptive students.

No

Authorized school personnel may use physical restraint only when all positive behavior interventions and supports have been exhausted. Physical restraint may be used only when there is an imminent risk of serious injury and must be discontinued as soon as the threat posed by the dangerous behavior has dissipated. Physical restraint techniques may not be used to inflict pain to induce compliance. (c) Notwithstanding the authority provided in s. 1003.32, physical restraint may be used only to protect the safety of students, school personnel, or others and may not be used for student discipline or to correct student noncompliance. (d) The degree of force applied during physical restraint must be only that degree of force necessary to protect the student or others from imminent risk of serious injury.

School personnel may not use mechanical restraint. This paragraph does not apply to school resource officers, school safety officers, school guardians, or school security guards as described in s. 1006.12, who may use mechanical restraint in the exercise of their powers and duties to restrict students in grades 6 through 12.

Not included in the seclusion and restraint law.

Each school district shall prohibit school personnel from using seclusion. However, they are allowed to use time out if it’s “intended to calm a student.” Since the definition of seclusion includes the term “alone,” this leaves the option of using seclusion as long as there is an adult present.

In accordance with s. 1003.32, corporal punishment of a public school student may only be administered by a teacher or school principal within guidelines of the school principal and according to district school board policy. Another adult must be present and must be informed in the student’s presence of the reason for the punishment. Upon request, the teacher or school principal must provide the parent with a written explanation of the reason for the punishment and the name of the other adult who was present. 2. A district school board having a policy authorizing the use of corporal punishment as a form of discipline shall include in such policy a requirement that a parent provide consent for the school to administer corporal punishment. The district school board policy may require such consent for the school year, or before each administration. The district school board shall review its policy on corporal punishment once every 3 years during a district school board meeting held pursuant to s. 1001.372. The district school board shall take public testimony at the board meeting. If such board meeting is not held in accordance with this subparagraph, the portion of the district school board’s policy authorizing corporal punishment expires.

Criteria are not listed in the law - allowed if “intended to calm a student.”

Yes

Before the end of the school day on which the restraint occurs.

The following must be included in the incident report (incident reports are submitted to the state monthly): 1. The name of the student restrained. 2. The age, grade, ethnicity, and disability of the student restrained. 3. The date and time of the event and the duration of the restraint. 4. The location at which the restraint occurred. 5. A description of the type of restraint used in terms established by the department. 6. The name of the person using or assisting in the restraint of the student and the date the person was last trained in the use of positive behavior interventions and supports. 7. The name of any nonstudent who was present to witness the restraint. 8. A description of the incident, including all of the following: a. The context in which the restraint occurred. b. The student’s behavior leading up to and precipitating the decision to use restraint, including an indication as to why there was an imminent risk of serious injury to the student or others. c. The positive behavior interventions and supports used to prevent and de-escalate the behavior. d. What occurred with the student immediately after the termination of the restraint. e. Any injuries, visible marks, or possible medical emergencies that may have occurred during the restraint, documented according to district policies. f. Evidence of steps taken to notify the student’s parent or guardian. g. The date the crisis intervention plan was last reviewed and whether changes were recommended.

A school shall notify the parent or guardian of a student each time restraint is used. Such notification must be in writing and provided before the end of the school day on which the restraint occurs. Reasonable efforts must also be taken to notify the parent or guardian by telephone or e-mail, or both, and these efforts must be documented. The school shall obtain, and keep in its records, the parent’s or guardian’s signed acknowledgment that he or she was notified of his or her child’s restraint.

A school shall prepare an incident report within 24 hours after a student is released from restraint Section 8: Any documentation prepared by a school pursuant to subsection (7) shall be provided to …the bureau chief of the Bureau of Exceptional Education and Student Services electronically each month that the school is in session.

Seclusion is not allowed, so there is no reporting. Restraint reports are required monthly.

https://www.fldoe.org/academics/exceptional-student-edu/data/swdrd-archive.stm

Law covers eclusion and restraint of students with disabilities in public schools.

Each school district shall provide training to all school personnel authorized to use positive behavior interventions and supports pursuant to school district policy. Training shall be provided annually and must include: (a) The use of positive behavior interventions and supports. (b) Risk assessment procedures to identify when restraint may be used. (c) Examples of when positive behavior interventions and support techniques have failed to reduce the imminent risk of serious injury. (d) Examples of safe and appropriate restraint techniques and how to use these techniques with multiple staff members working as a team. (e) Instruction in the district’s documentation and reporting requirements. (f) Procedures to identify and deal with possible medical emergencies arising during the use of restraint. (g) Cardiopulmonary resuscitation.