Missouri HB 387: Modifies provisions relating to seclusion and restraint policies in public schools

Bill Text

FIRST REGULAR SESSION
[PERFECTED]
HOUSE BILL NO. 387
101ST GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE BAILEY.
1151H.01P DANA RADEMAN MILLER, Chief Clerk
AN ACT
To repeal section 160.263, RSMo, and to enact in lieu thereof one new section relating to school
district policies on restrictive behavioral interventions.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Section 160.263, RSMo, is repealed and one new section enacted in lieu
2 thereof, to be known as section 160.263, to read as follows:
160.263. 1. As used in this section, the following terms mean:
2 (1) "Mechanical restraint", the use of any device or equipment to restrict a
3 student's freedom of movement. "Mechanical restraint" shall not include devices
4 implemented by trained personnel or used by a student with a prescription for such devices
5 from an appropriate medical or related services professional and that are used for specific
6 and approved purposes for which such devices were designed, such as the following:
7 (a) Adaptive devices or mechanical supports used to achieve proper body position,
8 balance, or alignment to allow greater freedom of mobility than would be possible without
9 the use of such devices or mechanical supports;
10 (b) Vehicle safety restraints when used as intended during the transport of a
11 student in a moving vehicle;
12 (c) Restraints for medical immobilization; or
13 (d) Orthopedically prescribed devices that permit a student to participate in
14 activities without risk;
EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is intended
to be omitted from the law. Matter in bold-face type in the above bill is proposed language.

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15 (2) "Physical restraint", a personal restriction such as person-to-person physical
16 contact that immobilizes, reduces, or restricts the ability of a student to move the student's
17 torso, arms, legs, or head freely. "Physical restraint" shall not include:
18 (a) A physical escort, which is a temporary touching or holding of the hand, wrist,
19 arm, shoulder, or back for the purpose of inducing a student to walk to a safe location;
20 (b) Comforting or calming a student;
21 (c) Holding a student's hand to transport the student for safety purposes;
22 (d) Intervening in a fight; or
23 (e) Using an assistive or protective device prescribed by an appropriately trained
24 professional or professional team;
25 (3) "Prone restraint", using mechanical or physical restraint or both to restrict a
26 student's movement while the student is lying with the student's front or face downward;
27 (4) "Restraint" includes, but is not limited to, mechanical restraint, physical
28 restraint, and prone restraint;
29 (5) "Seclusion", the involuntary confinement of a student alone in a room or area
30 that the student is physically prevented from leaving and that complies with the building
31 code in effect in the school district. "Seclusion" shall not include the following:
32 (a) A timeout, which is a behavior management technique that is part of an
33 approved program, involves the monitored separation of the student in a nonlocked setting,
34 and is implemented for the purpose of calming;
35 (b) In-school suspension;
36 (c) Detention; or
37 (d) Other appropriate disciplinary measures.
38 2. The school discipline policy under section 160.261 shall [prohibit] reserve confining
39 a student in [an unattended, locked space except for an emergency situation while awaiting the
40 arrival of law enforcement personnel] seclusion for situations or conditions in which there
41 is imminent danger of physical harm to self or others.
42 3. For all school years beginning on or after July 1, 2022, no school district, charter
43 school, or publicly contracted private provider shall use any mechanical, physical, or prone
44 restraint technique that:
45 (1) Obstructs views of the student's face;
46 (2) Obstructs the student's respiratory airway, impairs the student's breathing or
47 respiratory capacity, or restricts the movement required for normal breathing to cause
48 positional or postural asphyxia;
49 (3) Places pressure or weight on or causes the compression of the student's chest,
50 lungs, sternum, diaphragm, back, abdomen, or genitals;

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51 (4) Obstructs the student's circulation of blood;
52 (5) Involves pushing on or into the student's mouth, nose, eyes, or any part of the
53 face or involves covering the face or body with anything including, but not limited to, soft
54 objects such as pillows, blankets, or washcloths;
55 (6) Endangers the student's life or significantly exacerbates the student's medical
56 condition;
57 (7) Is purposely designed to inflict pain;
58 (8) Restricts the student from communicating. If an employee physically restrains
59 a student who uses sign language or an augmentative mode of communication as the
60 student's primary mode of communication, the student shall be permitted to ha