Michigan HB 5417 Limits Restraint and Seclusion in Schools to Emergency Situations

By Terry Vittone, Nathan Cromer | July 06, 2017 | Michigan | In Effect | 0 comments
Michigan HB 5417, which amends 1976 PA 451 by adding sec. 1307h [PDF], was passed into law on March 29, 2017 and limits restraint and seclusion in schools to be used only under emergency situations and only if essential to providing for the safety of the pupil or safety of another. The Bill also requires training in the safe use of same, as follows:
  • Not later than the beginning of the 2017-2018 school year, the board of a school district or intermediate school district or board of directors of a public school academy shall adopt and implement a local policy that is consistent with the state policy under this section.
  • Emergency seclusion and emergency physical restraint may be used only under emergency situations and only if essential to providing for the safety of the pupil or safety of another.
  • Emergency seclusion and emergency physical restraint may not be used in place of appropriate less restrictive interventions.
  • School personnel shall call key identified personnel for help from within the school building either immediately at the onset of an emergency situation or, if it is reasonable under the particular circumstances for school personnel to believe that diverting their attention to calling for help would increase the risk to the safety of the pupil or to the safety of others, as soon as possible once the circumstances no longer support such a belief.
     
  • The school district, intermediate school district, or public school academy must ensure that substitute teachers are informed of and understand the procedures regarding use of emergency seclusion and emergency physical restraint.
     
  • Emergency seclusion should not be used any longer than necessary, based on research and evidence, to allow a pupil to regain control of his or her behavior to the point that the emergency situation necessitating the use of emergency seclusion is ended and generally no longer than 15 minutes for an elementary school pupil or 20 minutes for a middle school or high school pupil. If an emergency seclusion lasts longer than 15 minutes for an elementary school pupil or 20 minutes for a middle school or high school pupil, all of the following are required:
    •      (i) Additional support, which may include a change of staff, or introducing a   
                nurse, specialist, or additional key identified personnel.
    •      (ii) Documentation to explain the extension beyond the time limit.
       
  • If an emergency physical restraint lasts longer than 10 minutes, all of the following are required:
    • (i) Additional support, which may include a change of staff, or introducing a nurse,
           specialist, or additional key identified personnel.
    • (ii) Documentation to explain the extension beyond the time limit.
       
  • While using emergency seclusion or emergency physical restraint, school personnel must do all of the following:
    • (i) Involve key identified personnel to protect the care, welfare, dignity, and safety of the pupil.
    • (ii) Continually observe the pupil in emergency seclusion or emergency physical restraint for indications of physical distress and seek medical assistance if there is a concern.
  • After any use of seclusion or restraint, school personnel must make reasonable efforts to debrief and consult with the parent or guardian, or with the parent or guardian and the pupil, as appropriate, regarding the determination of future actions.
  • Key identified personnel who may have to respond to an emergency situation shall be trained in all of subparagraphs as follows:
    • Proactive practices and strategies that ensure the dignity of pupils.
    • De-escalation techniques.
    • Techniques to identify pupil behaviors that may trigger emergency situations.
    • Related safety considerations, including information regarding the increased risk of injury to pupils and school personnel when seclusion or restraint is used.
    • Instruction in the use of emergency physical restraint.
    • Identification of events and environmental factors that may trigger emergency situations.
    • Methods for evaluating the risk of harm to determine whether the use of emergency seclusion or emergency physical restraint is warranted.
    • How to monitor for and identify the physical signs of distress and the implications for pupils generally and for pupils with particular physical or mental health conditions or psychological limitations.
    • Social skills training.
    • Positive behavioral intervention and support strategies.
CPI Training Is an Effective Tool in School Safety
Schools throughout the US use our Nonviolent Crisis Intervention® training program because it focuses on prevention, de-escalation techniques, and other alternatives to restraint. Our train-the-trainer program helps staff identify underlying causes of student behaviors, and how staff and student behaviors affect each other. The program also emphasizes:
  • Evaluating risk of harm and signs of distress
  • Documenting incidents
  • Safer, less restrictive holding skills to be used only as a last resort
  • Behavioral supports
  • Implementing evidence-based practices
How to Get Training
We can bring the Nonviolent Crisis Intervention® training program on-site to your school, or you can attend training in one of more than 150 public locations throughout the US.
 
Additional Courses
CPI also offers courses and resources on autism spectrum disorders, trauma-informed care, integrating PBIS with training, and many more topics to help you increase care and safety for everyone in your school.

More Resources
Get helpful hints for crisis intervention and learn about CPI training and restraint reduction.   
 
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