Bill > A4676

Introduced Session

In January of 2018, the Legislature enacted P.L.2017, c.291 that established certain requirements in the event that a school district, educational services commission, or an approved private school for students with disabilities choose to utilize physical restraint or a seclusion technique on a student with disabilities. This bill amends that law to provide that in addition to the requirements previously imposed when physical restraint or seclusion techniques are used on a student with disabilities, the school district, educational services commission, or the approved private school for students with disabilities are also required to: 1) request a meeting with the parent or guardian of the student who has been subjected to physical restraint or seclusion on more than one occasion to discuss a plan for improving the student's behavior; 2) in the case of seclusion, to immediately notify the student's parent or guardian when the student is subject to seclusion by telephone or electronic communication. Under the current law, this requirement is only applicable to the use of physical restraint; and 3) provide a full written report of the incident of seclusion to the student's parent or guardian within 48 hours of the occurrence of the incident. Again, under current law, this requirement is only applicable to the use of physical restraint. The bill directs the Department of Education to establish guidelines on adequate physical requirements for a seclusion area, including guidelines on the lighting and space of the seclusion area. The guidelines are to ensure the safety and dignity of the student placed in the seclusion area. The bill also directs the department to annually collect data from school districts, educational services commissions, and approved private schools for students with disabilities on the use of physical restraint and seclusion. The department is to annually publish the data on its website disaggregated by county and by race, gender, and age. Finally, the bill provides that the requirements included in current law and in the bill on the use of physical restraint and seclusion on students with disabilities, will also be applied to the use of physical restraint and seclusion on all other students.

AI Summary

Committee Categories

Paul Moriarty (D)*,  Vicky Flynn (R), 

Introduced, Referred to Assembly Education Committee (on 09/29/2022)

Official Document