HOUSE BILL No. 5413

March 2, 2016, Introduced by Rep. Vaupel and referred to the Committee on Education.

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 to the school

building administration immediately, reported to the parent or

guardian immediately or as soon as possible, 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 24 hours.

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

must debrief and consult with parents, or with parents and pupils,

as appropriate, regarding the determination of future actions. The

debriefing and consultation shall address at least all of the

following questions:

(i) What precipitated the behavior that required intervention?

(ii) Is there any anticipation that the behavior will occur

again?

(iii) Is there a need for follow-up action?

(iv) What is the specific follow-up action?

may require the use of emergency seclusion or emergency physical

restraint, school personnel are encouraged to do all of the

following:

(i) Use a trained behaviorist to conduct a functional

behavioral assessment.

(ii) Develop or revise a positive behavioral intervention and

support plan to facilitate the reduction or elimination of the use

of emergency seclusion or emergency physical restraint.

(iii) Develop an assessment and planning process conducted by a

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

the pupil, if appropriate; the individuals responsible for

implementation of the positive behavioral intervention and support;

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