HB-5416, As Passed House, December 14, 2016

HB-5416, As Passed Senate, December 14, 2016

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

HOUSE BILL NO. 5416

 

 

 

 

 

 

 

 

 

 

 

 

     A bill to amend 1976 PA 451, entitled

 

"The revised school code,"

 

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

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

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

 

at least all of the following provisions concerning training, which

 

may include online training that is developed or approved by the

 

department:

 

     (a) In accordance with department guidelines, a school

 

district, intermediate school district, or public school academy

 

shall implement a comprehensive training framework that includes

 

awareness training for all school personnel who have regular

 

contact with pupils and comprehensive training for key identified

 

personnel as described in subdivision (b).


     (b) A school district, intermediate school district, or public

 

school academy shall identify sufficient key personnel to ensure

 

that trained personnel are generally available for an emergency

 

situation. Before using emergency seclusion or emergency physical

 

restraint with pupils, key identified personnel who may have to

 

respond to an emergency situation shall be trained in all of

 

subparagraphs (i) to (xvi) as follows and should be trained in all

 

of subparagraphs (xvii) to (xx) as follows:

 

     (i) Proactive practices and strategies that ensure the dignity

 

of pupils.

 

     (ii) De-escalation techniques.

 

     (iii) Techniques to identify pupil behaviors that may trigger

 

emergency situations.

 

     (iv) Related safety considerations, including information

 

regarding the increased risk of injury to pupils and school

 

personnel when seclusion or restraint is used.

 

     (v) Instruction in the use of emergency seclusion and

 

emergency physical restraint.

 

     (vi) Identification of events and environmental factors that

 

may trigger emergency situations.

 

     (vii) Instruction on the state policy on the use of seclusion

 

and restraint.

 

     (viii) Description and identification of dangerous behaviors.

 

     (ix) Methods for evaluating the risk of harm to determine

 

whether the use of emergency seclusion or emergency physical

 

restraint is warranted.

 

     (x) Types of seclusion.


     (xi) Types of restraint.

 

     (xii) The risk of using seclusion or restraint in

 

consideration of a pupil's known and unknown physical or mental

 

health conditions or psychological limitations.

 

     (xiii) The effects of seclusion and restraint on all pupils.

 

     (xiv) How to monitor for and identify the physical signs of

 

distress and the implications for pupils generally and for pupils

 

with particular physical or mental health conditions or

 

psychological limitations.

 

     (xv) How to obtain appropriate medical assistance.

 

     (xvi) Cardiopulmonary resuscitation and first aid.

 

     (xvii) Conflict resolution.

 

     (xviii) Mediation.

 

     (xix) Social skills training.

 

     (xx) Positive behavioral intervention and support strategies.

 

     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.