From the ECS State Policy Database School Safety--Special Education

This database is made possible by your state's fiscal support of the Education Commission of the States (ECS). Most entries are legislative, although rules/regulations and executive orders that make substantive changes are included. Every effort is made to collect the latest available version of policies; in some instances, recent changes might not be reflected. For expediency purposes minimal attention has been paid to style (capitalization, punctuation) and format. Please cite use of the database as: Education Commission of the States (ECS) State Policy Database, retrieved [date]. State Status/Date Level Summary ME Became law without governor's signature 04/2013 P-12 Restraint of Students S.P. 79 This Resolve directs the Department of Education to amend its rules regarding restraint of students. Specifies the conditions under which students may be restrained. http://www.mainelegislature.org/legis/bills/getPDF.asp?paper=SP0079&item=3&snum=126... More... AZ Signed into law 04/2013 P-12 Restriction or Isolation As Discipline H.B. 2476 Amends law to begin with the 2013-14 school year to include policies for the confinement of pupils left alone in an enclosed space. Lists required processes for parental notification and consent. http://www.azleg.gov/legtext/51leg/1r/laws/0029.pdf... More... CA Signed into law 09/2012 P-12 Foster Children (Including Pupils with Disabilities), and Disciplinary Issues A.B. 1909 From bill summary: Requires each local education agency (LEA)'s educational liaison for foster children, if so designated by the LEA superintendent, to notify the attorney and the appropriate representative of the county child welfare agency for a foster child... More... WI Signed into law 03/2012 P-12 Use of Seclusion and Physical Restraint in Public Schools, Including Charter Schools S.B. 353 Creates a new provision relating to the use of seclusion and physical restraint on pupils in public schools, including charter schools. Defines "covered individual" and limits use of seclusion or physical restraint to those individuals (teachers or student tea... More... MN Signed into law 07/2011 P-12 Prone Restraints H.F. 26 Allows a school district to continue to use prone restraints with certain conditions until August 1, 2012. Requires the department to report back to the legislature on the use of prone restraints. (Article 3, Sec 1) http://wdoc.house.leg.state.mn.us/leg/LS87/1... More... LA Signed into law 06/2011 P-12 Student Discipline -- Seclusion and Restraints S.B. 59 Relates to the use of seclusion and physical restraint to address the behavior of students with exceptionalities. Provides definitions and clarifies under which circumstances seclusion and restraints can be used. If a student is involved in five incidents in a... More... TN Signed into law 06/2011 P-12 Isolation and Restraint H.B. 1336 Requires isolation and restraint to be imposed by school personnel who have been certified for completing a behavior intervention training program or other school personnel when trained personnel are not immediately available. Deletes the definition of state-a... More... NC Signed into law 07/2010 P-12 Corporal Punishment/Students With Disabilities HB 1682 Prohibits schools from administering corporal punishment on a student with a disability whose parent or guardian has stated in writing that corporal punishment will not be administered on that student. Requires schools to provide to the parents or guardians a ... More... TN Signed into law 05/2010 P-12 Discipline of Special Education Students S.B. 3583 Allows any school resource officer who witnesses an offense by a student receiving special education to take the student into custody. http://www.capitol.tn.gov/Bills/106/Bill/SB3583.pdf... More... CO Adopted 12/2009 P-12 Student Restraints Policy 1 CCR 301-45 Outlines the procedures to be followed in the administration of restraint of students, staff training, documentation requirements, and the review of the use of restraint. Restraints shall only be used in an emergency and with extreme caution and is limited to... More... FL Signed into law 06/2009 P-12 Code of Conduct/Exceptional Student Violations H.B. 7089 Relates to due process hearings for exceptional students; permits school personnel to consider any unique circumstances on a case-by-case basis when determining whether a change in placement is appropriate for a student who has a disability and violates a dist... More... CA Vetoed 09/2008 P-12 Discipline S.B. 1515 Prohibits an educational provider from using chemical restraint, mechanical restraint, physical restraint, or seclusion, for the purpose of coercion, discipline, convenience, or retaliation by staff against a pupil. Provides certain exemptions. Relates to stud... More... TN Signed into law 06/2008 P-12 Special Education Isolation and Restraint Modernization and Positive Behavioral Supports Act S.B. 2609 Enacts the Special Education Isolation and Restraint Modernization and Positive Behavioral Supports Act; ensures that every student receiving special education services is free from unreasonable, unsafe and unwarranted uses of isolation and restraint; promotes... More... GA Adopted 12/2007 P-12 Special Education GAC 160-4-7 Revises rules regarding special education, including the rights of children and parents and assists educational agencies to provides for such and education. Purpose for Exceptional Students Rules: http://www.doe.k12.ga.us/_documents/doe/legalservices/160-4-7... More... TN Signed into law 07/2007 P-12 Study Commission on Methods of Restraint S.B. 1662 Requires the Department of Education's division of special education to collect data on and report to the Chairs of the House and Senate Education Committees the following information: (1) The number of special education classes by local education agency; (2) ... More... IN Signed into law 05/2007 P-12 Autism and Asperger's Syndrome Training H.B. 1428 Requires every school corporation police officer to complete training to enable the officer to appropriately deal with individuals with autism and Asperger's syndrome. Allows a governing body to adjourn its schools to allow teachers, school administrators, and... More... NY Adopted 12/2006 P-12 Standards for Behavioral Interventions Title 8 NYCRR sections 19.5, 200.1, 200.4, 200.7 and 200.22 Establishes standards for behavioral interventions, including aprohibition on the use of aversive behavioral interventions; to provide for achild- specific exception to the prohibition on the use of aversiveinterventions; and to establish standards for program... More... OR Signed into law 07/2005 P-12 Special Education Provisions H.B. 3168 Adds interpreting services, social work services, and school nurse services designed to enable a child with a disability to receive a free appropriate public education as described in the individualized education program of the child. Clarifies that "Related s... More... NC Signed into law 07/2005 P-12 Seclusion and Restraint of Students H.B. 1032 Clarifies the permissible use of seclusion and restraint in public schools and to provide for training in management of student behavior.One section states that It is the policy of the State of North Carolina to: (1)       Promote safety and prevent harm to al... More... TX Signed into law 06/2005 P-12 Bullying H.B. 283 Adds a new section: Sec. 25.0341 and amends several other sections. Defines "bullying. Requires, on the request of a parent or other person with authority to act on behalf of a student who is a victim of bullying, the board or its designee to transfer the st... More... TN Signed into law 05/2005 P-12 Cognitive Behavior Therapy S.B. 1972 Requires the department of education, in cooperation and consultation with the state board of education, shall conduct a study of the benefits of cognitive behavioral therapy for elementary and secondary public school students with persistent behavioral proble... More... MD Rule Adoption 05/2003 P-12 Provision of a Free Appropriate Public Education COMAR 13A.05.01.13 thru .16; 13A.05.02.04, .05, .13; 13A.08.04.01 thru .06 Ensures State Regulations are in conformance with the Individuals with Disabilities Education Act (IDEA). Implements standards for student behavior intervention practices requiring local school systems and certain other institutions that receive certain State ... More... TX Signed into law 06/2001 P-12 Discipline of Special Education Students S.B. 189 Relates to school district disciplinary action against a student with a disability who receives special education services. Any disciplinary action regarding a student with a disability who receives special education services that would constitute a change in... More... TX Signed into law 05/2001 P-12 Discipline of Special Education Students S.B. 1735 Any disciplinary action regarding a student with disabilities that would constitute a change in placement under federal law may only occur after a manifestation determination review has been conducted by the student's admission, review, and dismissal committe... More... KY Signed into law 05/2001 P-12 Suspension of Special Education Students S.B. 64 Relates to exceptional children and youth; clarifies a change in educational placement occurs if, due to a suspension, an exceptional child is removed for more than 10 consecutive days during a school year or the child is subjected to a series of removals that... More... ME Signed into law 05/2001 P-12 Review of Regulations Related to Student Restraints H.B. 22 Resolve No. 9., (LD 22) Provides for legislative review of the regulations of the Department of Education governing timeout rooms, therapeutic restraints and aversives in public schools and approved private schools.... More...