Notice of Proposed Rule

DEPARTMENT OF EDUCATION
State Board of Education
RULE NO: RULE TITLE
6A-6.05271: Standards for the Use of Reasonable Force.
PURPOSE AND EFFECT: The purpose of this proposed rule is to provide standards for the use of reasonable force by district school personnel. Section 1003.32, Florida Statutes, establishes that a teacher has the responsibility and authority for control of students and includes the use of reasonable force, according to the standards, to protect himself, herself or others from injury. The effect of the rule is to define to what extent force is considered reasonable and in what situations school personnel may use reasonable force, when necessary, to maintain a safe and orderly learning environment. The use of reasonable force is a generally applicable rule, and is not limited or directed to any specific student population.
SUMMARY: Standards for the use of reasonable force were developed and adopted by the State Board of Education in 1997. These standards were distributed to all public school district superintendents. These 1997 standards have stood as the generally applicable guidelines for school personnel to use in situations where reasonable force may be used to maintain a safe and orderly learning environment. Although the State Board adopted standards, these were never formally adopted as rule. Evaluation of the standards resulted in the determination the standards for the use of reasonable force should be updated and formally adopted as rule. Six rule development workshops were conducted throughout the state and included:
March 17, 2008 – St. Petersburg College, Clearwater Campus, Teaching Auditorium;
March 18, 2008 – Broward County Schools, Piper High School, Media Center, Sunrise, Florida;
March 19, 2008 – Seminole County Schools, Educational Support Center, Sanford, Florida;
March 20, 2008 – St. Johns County Schools, Fullerwood Learning Center, St. Augustine, Florida;
March 21, 2008 – Jackson County Schools, Cottondale High School, Cottondale, Florida;
August 26, 2008 – Conference Call, Tallahassee, Florida
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 1006.11(1), 1012.75(2) FS.
LAW IMPLEMENTED: 1003.32(1)(j), 1006.11(1), 1012.75(2) FS.
A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: March 17, 2009, 8:30 a.m.
PLACE: Department of Education, 325 West Gaines Street, Tallahassee, Florida 32399-0400
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Marian W. Lambeth, Chief, Professional Practices Services, K-12 Public Schools, 325 West Gaines Street, Suite 224-E, Tallahassee, FL 32399-0100, (850)245-0438

THE FULL TEXT OF THE PROPOSED RULE IS:

6A-6.05271 Standards for the Use of Reasonable Force.

This rule implements Sections 1012.75 and 1006.11, Florida Statutes, outlining administrative standards for the use of reasonable force by school personnel to maintain a safe and orderly learning environment.

(1) Definition.

(a) Reasonable force is defined as the appropriate level or degree of physical force necessary to maintain a safe and orderly learning environment. Force shall not be used as an instrument for the educator’s anger or frustration or for routine classroom control. Reasonable force shall not be used in a way that unnecessarily embarrasses the student(s). Force shall not be used as the usual method of classroom management but may be used when necessary to maintain a safe and orderly learning environment. Positive interventions and alternatives to the use of reasonable force should be attempted if circumstances permit. The use of force shall cease upon restoration of a safe and orderly learning environment.

(b) Reasonable force shall not be excessive, disproportionate to the threatened harm, nor cruel or unusual in nature. Reasonable force may include the use of physical restraint. Physical restraint is defined as the use of force to restrict free movement of all or part of a student’s body. Reasonable force shall not restrict or obstruct a student’s airway, impair breathing, nor twist or bend a limb or joint in an unnatural direction. Reasonable force shall only be used with consideration of the following:

1. Severity of the offense,

2. Size and abilities of all parties,

3. Known mental or psychological abilities of the student(s),

4. Known medical conditions or special needs of the student(s),

5. Patterns of behavior exhibited by the student(s),

6. Potential physical dangers in using force, and

7. Preventative or defusing action taken prior to the use of force.

(2) Circumstances for the use of reasonable force.

(a) The use of reasonable force is permitted, when necessary, in circumstances such as:

1. To quell a disturbance,

2. To obtain possession of a weapon or other dangerous object,

3. For self-defense,

4. To prevent harm or injury to the student’s self or others,

5. To stop a crime in progress,

6. To prevent behavior disruptive to a safe and orderly classroom or school-related event, and

7. To remove a violent, abusive, uncontrollable or significantly disruptive student from the classroom or school-related event.

(b) Example situations that may permit the use of reasonable force include, but are not limited to:

1. When a student physically attacks, or threatens to attack, a staff member or another student,

2. When students are fighting,

3. When a student is causing, or at risk of causing, injury or damage by accident, rough play, or by misuse of dangerous materials, substances or objects,

4. When a student is seriously disrupting the order of the classroom or the school, or,

5. When a student leaves or attempts to leave a class or school, if leaving puts the student at risk.

(3) School district documenting, reporting and training requirements.

(a) Documenting and reporting School personnel must document all incidents of the use of physical restraint and promptly report them to the school principal or building-level administrator. The principal, in coordination with the school staff member, shall notify the student’s parent or guardian, by phone, on the same day of the incident, if possible. If attempts to reach the parent or guardian by phone are unsuccessful, the school shall notify the parents or guardians by email or in writing and document the attempts made to reach the parents or guardians. The documentation and notification to the parents or guardians of the incident shall include all of the following:

1. The date, time and description of the incident,

2. The school personnel involved in the incident,

3. The event that precipitated the use of physical restraint,

4. Any alternative measures used prior to the use of physical restraint, if applicable,

5. Any injury to the student, school personnel or property as a result of the incident, if known, and

6. The duration of time and a description of the restraint used.

(b) Dissemination and Training.

1. At the beginning of each school year, all school personnel shall be informed of the laws, rules, and district policies regarding the use of reasonable force.

2. Training on the use of reasonable force shall be required at least annually for appropriate staff assigned to students with disabilities. The district must determine appropriate staff as required under this subsection. At a minimum, training must include:

a. Methods and procedures for de-escalation of problematic behaviors,

b. Continuum of least to most restrictive techniques,

c. Demonstrated proficiency of each technique in the continuum,

d. Techniques for implementing reasonable force when using multiple staff members as a team,

e. Monitoring and assessment criteria required during use of reasonable force,

f. Identification of medical emergencies and basic response methods or techniques,

g. Strategies to re-engage or re-enter the student into the learning environment, and

h. The district’s documentation and reporting requirements.

Specific Authority 1006.11(1), 1012.75(2) FS. Law Implemented 1003.32(1)(j), 1006.11(1), 1012.75(2) FS. History–New________.


NAME OF PERSON ORIGINATING PROPOSED RULE: Dr. Frances Haithcock, Chancellor, K-12 Public Schools
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Dr. Eric J. Smith, Commissioner of Education
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: January 27, 2009
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: February 29, 2008