NOTICE OF PUBLIC HEARING on Standards for the Use of Reasonable Force on Children in Florida Public Schools

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Phyllis wrote: ACTION ALERT: Florida - Public hearing to accept public input on proposed Rule 6A-6.05271: Standards for the Use of Reasonable Force. 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. 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.WHY YOU SHOULD BE CONCERNED:1) There is no ban on prone, or face down, restraints, which is illegal to use in most psychiatric treatment facilities across the nation, and is the most dangerous type of "force." Many children and adults have died from the use of prone restraints, yet there is nothing in this rule to forbid this practice in Florida schools. There are equally effective safer alternatives to this form of restraint; therefore prone restraints should never be used. 2) This rule only indicates what "should"

be done not what "must" be done, so it is unenforceable as written.3) There is no provision to monitor a child's physical and/or emotional well-being during the use of force. School staff trained in restraint also need to be trained in CPR in case a child goes into a medical emergency situation. 4) The language is subjective (up to discretion of staff using "force") and does not clearly identify when to use reasonable force.5) This rule as written indicates "reasonable force" may be used any time educators deem a student has done something that is "harmful to learning," "harmful to students' mental health," if the student has done "significant damage of property" et. al. but does not identify what constitutes "harmful to learning," etc. What specifically does "harmful to learning" mean? 6) The "severity of the

offense" and/or “patterns of behavior” dictates whether to use and/or the amount of force to use, rather than the minimal amount of force necessary to ensure safety. The danger of this rule is that it permits school to increase the amount of force used because of what the child has done or how many times a child has done something, not because the child, or someone else, is in immediate danger. 7) When administered, reasonable force should be used with consideration of the following. The word "consideration" is very weak language and indicates that staff only need to consider #3 a-g. See below.8) "Alternatives should be attempted, if circumstances permit," but do not have to be attempted. This means that no other alternatives must be considered, even if those alternatives, which generally are a little more

time-consuming, are safer for the child and/or staff.9) "Reasonable force" should cease upon the restoration of "a safe and orderly learning environment." It should read "Reasonable force" must cease as soon as the child no longer poses a serious threat to themselves or others. What specifically is a "safe and orderly learning environment?" 10) There is no provision to protect children with disabilities from "punishment" due to behaviors resulting as a manifestation of their disability. Often times children with disabilities have no other way to communicate their discomfort, needs, or frustrations than through "behaviors." When given alternative means to communicate as well as using positive behavioral interventions and supports "behaviors" do not escalate to the point where "reasonable force" is the only

alternative.11) There are no reporting or documentation requirements outlined in this rule. Therefore, if "force" is used on a child, school staff are under no obligation to notify the parents of said child. For a child that has communication impairment, this type of requirement is the only way the parents of such a child will know what is happening to their child. WHAT CAN YOU DO?? GET INVOLVED!! NOTICE OF PUBLIC HEARING DEPARTMENT OF EDUCATIONState Board of EducationRULE NO: RULE TITLE 6A-6.05271: Standards for the Use of Reasonable Force.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.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. You are welcome to make comments and provide feedback on the draft rule by email to Agency Clerk, Lynn Abbott at Abbott, Lynn.Abbott@... All comments specific to the rule language need to be sent to Ms. Abbott no later than September 15, 2008. 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 6A-6.05271 Standards for the Use of Reasonable Force is below.(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).