January 20, 2011, read first time and referred to Committee on Education.
First Regular Session 117th General Assembly (2011)
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HOUSE BILL No. 1529
A BILL FOR AN ACT to amend the Indiana Code concerning
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 20-33-8-13.3; (11)IN1529.1.1. -->
SECTION 1. IC 20-33-8-13.3 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2011]: Sec. 13.3. Discipline rules adopted by
the governing body of a school corporation under section 12 of this
chapter must include provisions concerning the use of restraint and
seclusion as set forth under IC 20-34-7.
SOURCE: IC 20-34-7; (11)IN1529.1.2. -->
SECTION 2. IC 20-34-7 IS ADDED TO THE INDIANA CODE AS
CHAPTER TO BE READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]:
Chapter 7. Restraint and Seclusion
Sec. 1. As used in this chapter, "chemical restraint" means the
administration of a drug or medication to manage a student's
behavior or restrict a student's freedom of movement that is not a
standard treatment and dosage for the student's medical or
Sec. 2. (a) As used in this chapter, "mechanical restraint" means
the use of:
(1) a mechanical device;
(2) a material; or
attached or adjacent to a student's body that the student cannot
easily remove that restricts the freedom of movement of all or part
of the student's body or restricts normal access to the student's
(b) The term does not include:
(1) mechanical devices;
(2) material; or
used for postural support, used during transportation, or used to
improve the mobility and independent functioning of a student
rather than to restrict movement.
Sec. 3. As used in this chapter, "physical restraint" means
physical contact between an educational provider and a student:
(1) in which the student unwillingly participates; and
(2) that involves the use of a manual hold to restrict freedom
of movement of all or part of a student's body or to restrict
normal access to the student's body.
The term does not include briefly holding a student without undue
force in order to calm, comfort, or prevent unsafe behavior, such
as running into traffic or engaging in a physical altercation, or
physical contact intended to gently assist or prompt a student in
performing a task or to guide or assist a student from one (1) area
Sec. 4. As used in this chapter, "positive behavior intervention
and support" means a systematic approach that:
(1) uses evidence based practices and data driven decision
making to improve school climate and culture; and
(2) includes a range of systemic and individualized strategies
to reinforce desired behavior and diminish reoccurrence of
to achieve improved academic and social outcomes and increase
learning for all students.
Sec. 5. As used in this chapter, "qualified staff member" refers
to a school staff member who is trained in using positive behavior
intervention and support.
Sec. 6. As used in this chapter, "seclusion" means the
involuntary confinement of a student alone in a room or area from
which the student physically is prevented from leaving. The term
does not include a supervised timeout in which an adult is
continuously present in the room with the student.
Sec. 7. A school staff member may not use:
(2) chemical restraint;
(3) mechanical restraint; or
(4) physical restraint;
upon a student for the purpose of coercion, discipline, convenience,
Sec. 8. A school staff member may not use any of the following:
(1) A physical restraint technique that obstructs a student's
respiratory airway or impairs the student's breathing or
respiratory capacity, including a technique in which a school
staff member places pressure on a student's back or places the
staff member's body weight against the student's torso or
(2) A pillow, blanket, or other item covering the student's face
as part of a physical restraint.
(3) An improvised restraint device, such as a sheet or belt.
(4) A physical restraint on a student who has a known
medical, psychological, or physical condition if there is reason
to believe that the use of the physical restraint would
endanger the student's life or seriously exacerbate the
medical, psychological, or physical condition of the student. A
medical, psychological, or physical condition under this
subdivision includes a history of trauma or abuse, obesity, an
agitated or excited syndrome, a preexisting heart disease, and
a respiratory condition, including bronchitis or asthma.
(5) Placement of a student in a face-down position with the
student's hands held or restrained behind the student's back.
(6) Physical restraint as an extended procedure beyond the
Sec. 9. A school staff member may use physical restraint only if
all of the following conditions are met:
(1) It is an emergency situation, and physical restraint is
required to prevent imminent serious physical harm to the
student, staff, or others.
(2) The school staff member has determined that less
restrictive alternatives and other positive behavior
intervention supports are ineffective.
(3) A school staff member is continuously present and keeps
the student under constant face-to-face observation for signs
of distress or difficulty breathing.
(4) The school staff member applying the restraint is a
qualified staff member trained in positive behavior
intervention and support, including the following:
(A) Evidence based techniques shown to be effective in the
prevention and safe use of physical restraint and seclusion.
(B) Evidence based skill training that is related to positive
behavior intervention support.
(C) Conflict prevention.
(D) De-escalation and conflict management.
(E) First aid.
(F) Cardiopulmonary resuscitation.
Sec. 10. A school staff member may not use chemical restraint,
except as otherwise licensed to prescribe and administer
Sec. 11. A school staff member may not use mechanical
Sec. 12. A school staff member may not use seclusion unless all
of the following conditions are met:
(1) The school staff member uses seclusion as an emergency
(2) The student placed in seclusion has a current
individualized education program that includes the use of
seclusion, and the student has the ability to understand the
purpose of seclusion and the directives given by the school
personnel regarding the seclusion. The individualized
education program shall be reviewed by the case conference
committee team after every incident of seclusion.
(3) The student placed in seclusion:
(A) exhibits behavior that poses an imminent risk of
serious physical harm to school personnel; or
(B) is in a facility otherwise licensed or permitted by the
state to use seclusion when the student poses an imminent
risk of serious physical harm to school personnel or others;
and the behavior cannot be addressed by a less restrictive
(4) During the use of seclusion a qualified staff member who
is free from other responsibilities at the time is continually
present and keeps the student under constant direct visual
observation. A student may not be deprived of sleep, food,
water, shelter, physical comfort, or access to bathroom
Sec. 13. A student's parent must be notified when physical
restraint or seclusion is used. The school staff members involved in
the incident when physical restraint or seclusion is used shall
participate in a debriefing session as soon as possible after the
incident with the parent to discuss the behavior and future
Sec. 14. A school staff member authorized to impose physical
restraint or seclusion under this chapter must successfully
complete a basic or inservice course of education and training in
positive behavior intervention and support that is certified by the
state board in conjunction with any other appropriate entity
determined by the state board.
Sec. 15. The state board shall adopt rules under IC 4-22-2 for
(1) Standards for continuing education and training for
qualified staff members.
(2) Mandatory training and continuing education
requirements for qualified staff members.
Sec. 16. By July 1 of each year, each school corporation shall
submit a report to the department detailing the following
information for the current school year:
(1) The total number of incidents in which physical restraint
was imposed on a student.
(2) The total number of incidents in which seclusion was
imposed on a student.
(3) The race, gender, and grade level of each student upon
whom physical restraint or seclusion was imposed and
whether the student was a child with a disability (as defined
in IC 20-35-1-2).