HB 387 Modifies provisions related to the use of seclusion and restraint techniques on elementary and secondary students

     Handler: Eigel

Current Bill Summary

- Prepared by Senate Research -

HB 387 - Under this act, school discipline policies required under current law shall reserve confining a student in seclusion for situations or conditions in which there is an imminent danger of physical harm to the student or to another.

Beginning July 1, 2022, no school district, charter school, or publicly contracted private school shall use any mechanical, physical, or prone restraint technique which cause certain obstructions, impairments, physical pressure, danger, or pain, as listed in the act. A student who primarily uses sign language or an augmentative mode of communication shall be permitted to have his or her hands free for brief periods unless doing so appears likely to result in harm.

Before July 1, 2022, each school district's written policy addressing restrictive behavioral interventions shall be updated to be consistent with the act's prohibitions and limitations related to restraint techniques. The policy shall require students to be removed from seclusion or restraint as soon as the student is determined to no longer be an imminent danger of physical harm, shall require all personnel to annually review policies and procedures related to seclusion and restraint, and to require personnel who use seclusion or restraint to complete an annual training on permitted techniques.

The policy shall also require each use of seclusion or restraint to be monitored by a personnel member and for a report containing certain documentary and parental support information to be completed and retained. A copy of the report shall be provided to the parent within 5 days of the incident and to the Department of Elementary and Secondary Education within 30 days. The school shall attempt to notify the parent as soon as possible after the use of seclusion or restraint but at the latest no later than one hour after the end of the school day.

No public or charter school officer, administrator, or employee shall retaliate against a person for reporting a violation of the school's seclusion and restraint policy or a violation of the act or for providing information regarding a violation of the act.

The Department shall compile and maintain all reported seclusion or restraint incidents in its core data system and make such data available on the Missouri Comprehensive Data System, except for personally identifiable data.

By July 1, 2022, the Department shall updates its model policy related to the confinement of students to include the provisions of the act related to the written seclusion and restraint policies.

This act is similar to HB 119 (2021), HB 1568 (2020), HB 1569 (2020), provisions in HCS/SS/SCS/SB 528 (2021), and HB 1023 (2019).


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