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All Hand On Deck: House Bill 1073 Persons with DisabilitiesE/BD Coordinators MeetingSeptember 29, 2010(adapted from recent AMM) 1As we set sail today Review Section 1003.573Information provided to dateAction taken to dateShare newly approved guidanceHear from you about additional questions/concerns22And now for some choppy waters

Section 1003.573, F.S., Use of Seclusion and Restraint on Students with Disabilities33Heres what weve said to date Reporting and data entry required by s.1003.573, F.S., applies to students with an IEP or 504 planReporting applies to both incidents of seclusion and restraintThe web-based reporting system uses the definitions that are now required by the Office of Civil Rights for reporting by all SEAs

44Heres what weve said to date The following practices are prohibited by law Any restraint that restricts breathing Closing, locking, or physically blocking a student in a room that is unlit and does not meet the rules of the State Fire Marshal (Rule 69A-58.0084)

55Heres what weve said to date On the day of the incident, your schools must Notify the parent/guardian in writing you decide what that content isANDMake reasonable efforts to call or e-mail the parent/guardian

66Heres what weve said to date Within 24 hours of the incident your schools mustPrepare an incident report with all the required components they are incorporated in the web-based systemIf the incident occurs the day before school is closing for weekend, holiday, or for another reason the school must complete the incident report by end of the day that school reopens77Heres what weve said to date Within 3 school days after the incident, your schools must Mail the completed incident report to the parent/guardian

For all notices [day of] and incident reports, your schools mustObtain and keep in records, the parent/guardians written acknowledgement that they received the day of notice and the incident report88Heres what weve said to date About getting parent/guardian acknowledgement of notice and incident report Make reasonable efforts by Sending report again with a reminderCalling or emailing to remind to returnYou decide how to do this not just one way

99Heres what weve said to date When a student is released from a restraint; re-engages in aggression/self injury; is restrained again You will determine whether this is one incident or two incidents based on how you would describe what occurred with the student immediately after termination of restraintIf you would write restraint was resumed that is one incidentIf you would write anything else like got a drink of water that is two incidents1010Heres what we have done to dateSent Legislative Memo on July 16thDesigned web-based reporting systemPiloted with two districts during JulyRolled out training to districts on web-based system through multiple calls in AugustProvided ESE Policies and Procedures template on August 8th Districts must submit no later than January 31, 2011Published TAP on Seclusion and Restraint1111The rest of the story And now 1212Our cruise ship is ready to embarkThe decks are swabbedThe chaise lounges are neatly alignedSwimsuits are perfectNow did everyone apply sunscreen?1313What is so important about Section 1003.573?

What must we know to avoid sinking the ship and getting sun-burned?1414Section 1003.573, F.S., does not provide definitionsThe Bureau has determined that all documentation, reporting, and monitoring requirements for restraint shall be based upon the same definitions issued by the Office of Civil Rights (OCR)

1515What is restraint?An emergency interventionNot an instructional toolFor prevention of injury to student or othersShould only be used when imminent risk of serious injury or death exists

(adapted from new Seclusion and Restraint TAP)

1616Physical Restraint OCR Definition

Physical restraint immobilizes or reduces the ability of a student to move his or her torso, arms, legs, or head freely

Physical restraint does not include a physical escort - a temporary touching or holding of the hand, wrist, arm, shoulder, or back for the purpose of inducing a student who is acting out to walk to a safe location

1717What is seclusion?An emergency interventionNot an instructional toolFor prevention of injury to student or othersShould only be used when imminent risk of serious injury or death exists

(adapted from new Seclusion and Restraint TAP)

1818Seclusion OCR Definition

Seclusion is the involuntary confinement of a student alone in a room or area from which the student is physically prevented from leavingIt does not include a time-out, which is a behavior management technique that is part of an approved program, involves the monitored separation of the student in a nonlocked setting, and is implemented for the purpose of calming1919Crucial RemindersSeclusion rooms must meet the requirements identified in Rule 69A-58.0084, F.A.C., Seclusion Time-out Rooms An electro-magnetic locking device is the only approved device to secure a seclusion room requires constant human contactA view panel is required to allow continuous observation Covering a view panel is expressly prohibited

2020Mechanical Restraint OCR Definition

Mechanical restraint is the use of any device or equipment to restrict a students freedom of movementThe term does not include devices implemented by trained school personnel or devices used by a student that have been prescribed by an appropriate medical or related service professional and are used for the specific and approved purposes for which such devices were designed 2121We know where the lifejackets are stowed but still feel nervousRestraints are happeningSeclusion rooms have occupants

2222If the incident report is provided on the day of the incident, could this suffice as meeting the requirement to provide notice?

Yes, as long as the school documents that the incident report also serves as the written noticeWritten acknowledgement of receipt must be obtained from the parent/guardian and kept in the schools records

2323Do the new requirements apply to students receiving services in facilities other than public school buildings?

The new statutory language does not exclude any specific locationsThe requirements apply to all students with disabilities in any school program, including such settings as DJJ facilities and residential programsThis applies to placement in a residential setting by a district and to placements made by other state agenciesDistricts need to consider establishing reporting procedures when a student is in such a setting

2424Do the new requirements apply to incidents of seclusion and restraint that occur outside of the school day?

The new language does not include parameters on time of day but does reference school day For now, districts are advised to report all incidents of seclusion and restraint

2525Do the requirements apply when seclusion and/or restraint are used by a school resource officer (SRO)?

The new requirements do not exclude any specific personnelTherefore, when a SRO secludes and/or restrains a student with a disability, such an incident must be reportedIf such an incident rises to the level of arrest, that would then constitute the end of seclusion and/or restraint The school must still document and report the incident(s) of seclusion and/or restraint that preceded the arrest

2626If a student residing in foster care or a group home is secluded or restrained, to whom should the notice and incident report be provided?In this instance, both the notice and the incident report should be provided to the foster parent Schools should consult with the district Foster Care Educational Liaison for information regarding all matters of communication about students in foster care or group care settings

2727What if the parent/guardian fails to provide written acknowledgement?

Make reasonable efforts some suggestions include: Mail the notice and/or incident report a second time with return receipt requestedContact the parent/guardian by telephone as a reminderUse scheduled meetings to review the statusPrint and send 2 copies of the incident report to the parent/guardian, requesting that one copy be signed and returned2828If a student is restrained and then put in seclusion (or visa versa) during one behavioral episode, is this one incident or two in the reporting system?

Seclusion and restraint are reported separately so these examples would constitute two separate reports2929Who should have access to the reporting system?

Districts will decide who should have accessAt a minimum, ESE Directors have access but all decisions about others will be made at the local levelESE Directors must send requests to Marie LaCap for adding district level users

3030Is there a minimum amount of time in seclusion or restraint that constitutes a reportable incident?

The law does not define any time period that constitutes an occurrence of seclusion or restraintAll occurrences be documented, reported, and monitored

3131Dont forget about monitoring

Check those tan lines and waistlines cruising can be scary!3232Monitoring Classroom levelAllows staff (teachers, counselors, therapists, psychologists, behavior specialists, behavior analysts) to revise the instructional, behavioral, or other aspect of the students program Analyzing circumstances around the use of seclusion and/or restraint may provide valuable information for planning how to avoid the use of seclusion and/or restraint in the future

3333Monitoring Classroom levelThe recurrent use for an individual student indicates the need for a functional behavioral assessment (FBA) Recurrent use should trigger a review and possible revision of the students IEP and behavior intervention plan (BIP)

3434Monitoring Classroom levelRecurrent use with more than one student in a particular setting indicates a need to review the structure of the setting and its various componentsAny use should be reviewed by the school-based problem-solving team to examine the circumstances of the event and determine what strategies may be employed to avoid the use of seclusion and/or restraint in the futureAny use and subsequent review may also lead to a parent-teacher conference or to convening the IEP team

3535Monitoring Building levelThe principal must be informed of all instances of the use of seclusion and restraint and should review all documentation of such eventsMonitoring at the building level should include an analysis of the following:The frequency, duration, and location of seclusion and restraint proceduresStaff involved in the use of seclusion and restraint proceduresAppropriate use of seclusion and restraint proceduresProper documentation and timely parental notification

3636Monitoring Building levelOn-going analysis of these components should alert administration to the misuse and/or overuse of seclusion and restraint proceduresin particular settings by particular staffwith specific students3737Monitoring Building levelPrincipals should use these data to initiate reviews of student IEPs and/or BIPs request technical assistance to help staff make changes in the classroom or other settingsidentify teachers or other staff in need of additional support and/or trainingAdministrators may need to be involved in the review of individual incidents as part of the instructional team

3838Monitoring District levelDistrict-level administrators are required to monitor the use of seclusion and restraint throughout the school districtData collected and periodically reviewed by the district should be used to identify schools where there is multiple and repeated use of seclusion and/or restraint3939Monitoring District levelReview of individual schools should focus on identification of reasons for the use of these techniques and include:Scrutiny of the positive behavioral supports being used Evaluation of the circumstances leading up to the appropriate application of seclusion and restraint as emergency interventions

4040Monitoring District levelcontinuedReview of instructional programs for students having behavioral problemsA plan, which may include staff development, should be designed to reduce or eliminate the need for emergency interventions using seclusion and/or restraint techniquesThis plan should be supported and monitored by district staff

4141Monitoring State levelFDOE shall maintain aggregate data of incidents of seclusion and restraint and disaggregate the data for analysis by county, student exceptionality, and other variablesThe Bureau will develop procedures to validate documentation and reporting to ensure that all incidents of seclusion and restraint are reported in an accurate and timely manner

4242Using the web-based reporting system - Technical challenges LOTS of questions about getting logins and passwordsDistricts want to assign an individual to multiple schools (not permitted by system) Duplicate recordsOverlapping incidents according to report Example: same student is restrained from 9:00 to 9:15 and 9:10 to 9:20 on the same day

4343

Considerations for Reporting

Context in which seclusion occurred Describe what was happening at the time the incident occurred, including the activity or type of interaction the student was involved in prior to the behavior that resulted in seclusion. Level of detail in reports varies widelyfrom extraneous detail to very vague information

4444Considerations for ReportingStudents behavior leading up to and precipitating decision to use seclusionDescribe what the student was doing prior to and during the incident that required the use of seclusion. What was the behavior that warranted the use of seclusion?

4545Considerations for ReportingDescribe specific positive behavioral strategies used to prevent/deescalate the behaviorClearly describe (not list) any and all intervention/strategies used, both long term (i.e. specific strategies in an individual behavior intervention plan and/or classroom management plan) and more immediate in relation to the time shortly before this particular seclusion occurredSpecifically describe the interventions that were unique to the student and this particular seclusion 4646Considerations for Reporting

How was it determined that there was imminent risk of serious injury or death to the student or others?

Describe what occurred with student immediately after termination of seclusion

Describe any injuries, visible marks, or medical emergencies that occurred during seclusion or restraint

4747We are not home yet still sailing

District Policies and Procedures

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What should districts do to ensure appropriate practices?

At a minimum school districts must have policies and procedures regarding the use of seclusion and restraint that are addressed in the new lawWhen reviewing or writing policies and procedures related to seclusion and restraint, districts should evaluate content related toAllowable usePersonnel authorized to use seclusion and restraintTraining proceduresAnalysis of data to determine trends

49Are districts required to have policies and procedures with regard to seclusion and/or restraint?Yes - districts must develop policies and procedures that address incident reporting, data collection, and monitoring and reporting of data collectedEach district must file policies and procedures addressing these requirements with the Bureau no later than January 31, 2011. 49What should districts do to ensure appropriate practices?Districts are encouraged to implement positive behavior supports and intervention strategies designed to reduce the occurrence of problem behavior for all studentsSeveral BEESS Discretionary Projects have expertise and resources to assist with positive behavioral supports/strategies

(Contact FLPBS, SEDNET, FDLRS)

5050Challenge to E/BD CoordinatorsLearn from each otherShare with each otherModel your efforts after programs that workFollow the science (evidence-based practices)Use resources provided by the Bureau

5151

Anticipated outcomes The good, the bad and the ugly

Transparency the intent of the lawWill allow for the examination of trend dataFind the exemplary models Find the problem schools/districts Focus support where it is needed mostCause schools to more seriously consider and use better options

5252

Anticipated outcomes The good, the bad and the ugly

Informed parents immediate notice A baseline from which to develop guidance and set goals More research-based programming Valuable data for IEP and BIP planningMore open venue for discussing/planning alternatives to seclusion and restraint

5353We heading for the home port

Are your practices aligned with the spirit and intent of the law?

5454Is your ship seaworthy?Closing thoughts As you report, document, and monitor 5555