DeSantis Signs Bill Limiting Restraints Against Students

Over the weekend, Florida Governor Ron DeSantis (R) signed into law a bill that would limit the use of physical restraints against students. The bipartisan effort was sponsored by Florida Rep. Rene Plasencia (R), a former teacher, and state Senator Lauren Book (D) sponsored a companion bill in SB390.

The bill would ban staff from using mechanical restraints against students. However, they can be used by school guardians or school resource officers.

The legislations specifies that “physical restraint may be used only when there is an imminent risk of serious injury and must be discontinued as soon as the threat posed by the dangerous behavior has dissipated.”

In response to DeSantis signing the book, Book applauded the effort, saying that “students deserve to be safe at school, and parents deserve peace of mind.”

“The use of restraints can be traumatizing and physically harmful for children, and this policy will go a long way toward making sure Florida classrooms are as safe as possible for students with exceptionalities,” she added.

The bill updates legislation that was passed in 2021.

The legislation takes effect on July 1^st, and, according to WFLA, the cases that are considered “emergency use required” are as follows:

• “Imminent risk of serious injury” means the threat posed by dangerous behavior that may cause
  serious physical harm to self or others.
• “Restraint” means the use of a mechanical or physical restraint.
• “Mechanical restraint” means the use of a device that restricts a student’s freedom of
  movement. The term does not include the use of devices prescribed or recommended by
  physical or behavioral health professionals when used for indicated purposes.
• “Physical restraint” means the use of manual restraint techniques that involve significant
  physical force applied by a teacher or other staff member to restrict the movement of all or part
  of a student’s body. The term does not include briefly holding a student in order to calm or
  comfort the student or physically escorting a student to a safe location.
• “Positive behavior interventions and supports” means the use of behavioral interventions to
  prevent dangerous behaviors that may cause serious physical harm to the student or others.