Restraint and seclusion policy passes House, set for Conf. Comm.

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Restraint and seclusion policy passes House, set for Conf. Comm.

An agreement between chambers on amendments made to a bill requiring districts adopt a restraint and seclusion policy is all that keeps the legislation from the governor’s desk.


Representatives passed Senate Bill 46, which requires school districts to adopt a policy limiting the use of restraint and seclusion, on a 37-27 vote.


The bill returned to the Senate for review of the amendments; in which they did not concur and voted to appoint a conference committee to work out the differences.


The amended version of SB 46 removed the training provision that was required to be in the district policy when the bill crossed chambers. Another amendment requires a procedure for immediately contacting the student’s parent or guardian.


The bill sets three provisions that would be required within the school district policy, they include:

  • A procedure for notifying the parent or guardian of the student on the same business day, unless the student is emancipated, of an incident requiring the use of restraint or seclusion;
  • A prohibition on the use of prone restraint, defined as physical pressure applied to any part of the student’s body to keep the student in a face down position on the floor or other surface;
  • A prohibition on the use of involuntary confinement of a student locked alone in a room.

“We’re protecting kids and we’re giving teachers a guideline,” Rep. Jamie Smith said on the House floor.


Rep. Smith added the bill “maintains local control because it does not prescribe a single statewide framework” for schools to follow, but rather outlines pieces needed in a policy the district can mold to fit their needs locally.


ASBSD supports the bill and is in the process of drafting a sample school board policy for districts to review and potentially adopt.


“We believe it’s (sample policy) going to be a very good product for schools to give schools guidance,” Policy and Legal Services Director Gerry Kaufman testified during SB 46’s House Education committee hearing.


For updates on the Senate’s review of the bill, check the ASBSD BlogBill Tracker pageTwitter feed and Facebook page.

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