HB-5413, As Passed House, December 14, 2016

HB-5413, As Passed Senate, December 14, 2016

SUBSTITUTE FOR

HOUSE BILL NO. 5413

     A bill to amend 1976 PA 451, entitled

"The revised school code,"

(MCL 380.1 to 380.1852) by adding section 1307d.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 1307d. The state policy under section 1307a shall include

at least all of the following provisions concerning documentation

and reporting of seclusion and restraint:

     (a) Each use of seclusion or restraint and the reason for each

use shall be documented in writing and reported in writing or

orally to the school building administration and the pupil's parent

or guardian immediately and documented in a written report for each

use of seclusion or restraint, including multiple uses within a

given day, with this written report provided to the parent or

guardian within the earlier of 1 school day or 7 calendar days.

     (b) After any use of seclusion or restraint, school personnel

must make reasonable efforts to debrief and consult with the parent

or guardian, or with the parent or guardian and the pupil, as

appropriate, regarding the determination of future actions. The

debriefing and consultation shall be done in accordance with

department guidelines and documented on forms developed by the

department.

     (c) If a pupil exhibits a pattern of behavior that poses a

substantial risk of creating an emergency situation in the future

that could result in the use of emergency seclusion or emergency

physical restraint, school personnel are encouraged to do all of

the following:

     (i) Conduct a functional behavioral assessment.

     (ii) Develop or revise a positive behavioral intervention and

support plan to facilitate the elimination of the use of seclusion

and restraint.

     (iii) Develop an assessment and planning process conducted by

a team knowledgeable about the pupil, including at least the parent

or guardian; the pupil, if appropriate; the individuals responsible

for implementation of the positive behavioral intervention and

support plan; and individuals knowledgeable in positive behavioral

intervention and support.

     Enacting section 1. This amendatory act takes effect 90 days

after the date it is enacted into law.

     Enacting section 2. This amendatory act does not take effect

unless all of the following bills of the 98th Legislature are

enacted into law:

     (a) House Bill No. 5410.

     (b) House Bill No. 5417.