NEW DOE Rule Comment: Standards for Use of Force.

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Dear Florida Parents and Advocates,

Below is the notice of Public hearing to accept public input on proposed Rule 6A-6.05271: Standards for the Use of Reasonable Force. This rule will apply to ALL children in the public school system. A conference call will be held on August 26, 2008, from 3:30 p.m. – 5:00 p.m., Conference Call number 1(888)808-6959, Conference Code 4617163. Please call in if you have any comments or concerns to the proposed Rule below.

Regards,

Phyllis

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DEPARTMENT OF EDUCATIONState Board of Education

RULE NO: RULE TITLE6A-6.05271: Standards for the Use of Reasonable Force.

NOTICE OF PUBLIC HEARING

The Department of Education announces an additional hearing regarding the above rule, as noticed in Vol. 34, No. 30, July 25, 2008 Florida Administrative Weekly.

DATE AND TIME: An additional public hearing will be held to accept public input on proposed Rule 6A-6.05271, F.A.C., as shown below. A conference call will be held on August 26, 2008, from 3:30 p.m. – 5:00 p.m., Conference Call number 1(888)808-6959, Conference Code 4617163. For persons in Tallahassee wishing to appear in person, the conference call will be conducted at: 325 West Gaines Street, Room 503, Tallahassee, FL. For information relating to the rule please contact: n Lambeth, Chief, Professional Practices Services, Department of Education, 325 West Gaines Street, Suite 224-E, Tallahassee, Florida 32399-0400, (850)245-0438. For additional information relating to the conference call please contact: Lynn Abbott, Office of the Commissioner, 325 West Gaines Street, Room 1514, Tallahassee, FL 32399-0400; (850)245-9661.

IN ADDITION: The rule will be continued from the August 19, 2008, State Board of Education meeting to the October 21, 2008 State Board of Education meeting.

PLACE: August 26, 2008 via conference call – conference call number 1(888)808-6959, Conference Code 4617163. For persons in Tallahassee wishing to appear in person, the conference call will be conducted at: 325 West Gaines Street, Room 503, Tallahassee, FL

The State Board of Education will meet on October 21, 2008 to consider the rule – location to be determined and advertised in a future edition of the Florida Administrative Weekly.

GENERAL SUBJECT MATTER TO BE CONSIDERED: The full text of the proposed rule is:

6A-6.05271 Standards for the Use of Reasonable Force.

(1) Reasonable Force is defined as appropriate physical response necessary to maintain a safe and orderly learning environment. Reasonable Force should be limited to the minimal force necessary to prevent undue harm or injury to the student(s) or others or significant damage to property. Reasonable Force should not be used as an instrument for the educator’s anger or frustration with a situation or student(s) and if possible should be used in a way that does not unduly impugn the dignity of the student(s).

(2) The use of reasonable force on a student or students is permitted to protect the student(s) and others from:

(a) Conditions harmful to learning,

( Conditions harmful to students’ mental health,

© Conditions harmful to students’ physical health,

(d) Conditions harmful to safety,

(e) Harm and/or injury, and/or

(f) The significant damage of property.

(3) Reasonable Force should not be excessive, cruel, or unusual in nature. When administered, reasonable force should be used with consideration of the following:

(a) Severity of offense(s) that elicited the use of force,

( Size and physical abilities of all parties,

© Mental and psychological abilities of the student(s),

(d) Patterns of behavior exhibited by the student(s) that precipitated the use of force,

(e) Potential dangers, physical and others, for using force,

(f) Availability of assistance to control the situation without force, and

(g) Preventative or defusing action(s) taken prior to use of physical force.

(4) While use of reasonable physical force is permitted, alternatives should be attempted, if circumstances permit.

(5) Use of Reasonable Force should cease upon the restoration of a safe and orderly learning environment.

(6) Nothing in this rule should be construed as addressing state or local school board policy on corporal punishment.

(7) The use of force in an act or act(s) of self-defense should not be confused with the use of reasonable force as described herein.

(8) Restraint and seclusion techniques shall only be used when the student presents an imminent danger to himself or herself or others, or significant damage to property, and other less restrictive interventions have not or will not prevent danger or harm.

Specific Authority 1012.75(2) FS. Law Implemented 1003.32(1)(j), 1006.11(1), 1012.75(2) FS. History–New ________.

Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least days before the workshop/meeting by contacting: Lynn Abbott, Office of the Commissioner, 325 West Gaines Street, Room 1514, Tallahassee, FL 32399-0400; (850)245-9661. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).

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