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


Education Commission of the States • 700 Broadway, Suite 810 • Denver, CO 80203-3442 • 303.299.3600 • fax 303.296.8332 • www.ecs.org

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
LASigned into law 05/2013P-12Use of Seclusion and Restraint
H.B. 89
Clarifies that provisions related to the use of seclusion and restraint of students with exceptionalities do not apply to a student identified as gifted or talented or the student's parent, unless the student has been identified as also having a disability. ht...

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MEBecame law without governor's signature 04/2013P-12Restraint 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...

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AZSigned into law 04/2013P-12Restriction 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...

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CASigned into law 09/2012P-12Foster 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...

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WISigned into law 03/2012P-12Use 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...

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MNSigned into law 07/2011P-12Prone 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...

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LASigned into law 06/2011P-12Student 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...

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TNSigned into law 06/2011P-12Isolation 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...

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NCSigned into law 07/2010P-12Corporal 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 ...

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TNSigned into law 05/2010P-12Discipline 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...

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COAdopted 12/2009P-12Student 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...

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FLSigned into law 06/2009P-12Code 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...

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CAVetoed 09/2008P-12Discipline
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...

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TNSigned into law 06/2008P-12Special 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...

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GAAdopted 12/2007P-12Special 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...

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TNSigned into law 07/2007P-12Study 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) ...

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INSigned into law 05/2007P-12Autism 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...

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NYAdopted 12/2006P-12Standards 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...

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ORSigned into law 07/2005P-12Special 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...

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NCSigned into law 07/2005P-12Seclusion 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...

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TXSigned into law 06/2005P-12Bullying
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...

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TNSigned into law 05/2005P-12Cognitive 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...

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MDRule Adoption 05/2003P-12Provision 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 ...

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TXSigned into law 06/2001P-12Discipline 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...

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TXSigned into law 05/2001P-12Discipline 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...

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KYSigned into law 05/2001P-12Suspension 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...

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MESigned into law 05/2001P-12Review 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....

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