§ 49005. — 49005. (Amended by Stats. 2019, Ch. 497, Sec. 62.)

California § 49005.

• Jurisdiction: California
• Code EDC: Education Code - EDC
• Div.: 4.
• Title 2.: DIVISION 4. INSTRUCTION AND SERVICES
• Part 27.: PART 27. PUPILS
• Ch. 6.: CHAPTER 6. Pupil Rights and Responsibilities
• Art. 5.2.: ARTICLE 5.2. Restraint and Seclusion

Text

The Legislature finds and declares all of the following:
(a)
While it is appropriate to intervene in an emergency to prevent a pupil from imminent risk of serious physical self-harm or harm of others, restraint and seclusion are dangerous interventions, with certain known practices posing a great risk to child health and safety.
(b)
United States Department of Education guidelines specify that the use of restraint and seclusion must be consistent with the child’s right to be treated with dignity and to be free from abuse.
(c)
Restraint and seclusion should only be used as a safety measure of last resort, and should never be used as punishment or discipline or
for staff convenience.
(d)
Restraint and seclusion may cause serious injury or long lasting trauma and death, even when done safely and correctly.
(e)
There is no evidence that restraint or seclusion is effective in reducing the problem behaviors that frequently precipitate the use of those techniques.
(f)
Pupils with disabilities and pupils of color, especially African American boys, are disproportionately subject to restraint and seclusion.
(g)
Well-established California law already regulates restraint techniques in a number of settings, including general acute care hospitals, acute psychiatric hospitals, psychiatric health facilities, crisis stabilization units, community treatment facilities, group homes, skilled nursing facilities, intermediate
care facilities, community care facilities, and mental health rehabilitation centers. These minimal protections should be provided to all pupils in schools.
(h)
It is the intent of the Legislature to ensure that schools foster learning in a safe and healthy environment and provide adequate safeguards to prevent harm, and even death, to children in school.
(i)
This article is intended to be read to be consistent with, and does not change any requirements, limitations, or protections in, existing law pertaining to pupils with exceptional needs.
(j)
It is the intent of the Legislature to prohibit dangerous practices. Restraint and seclusion, as described in this article, do not further a child’s education. At the same time, the Legislature recognizes that if an emergency situation arises, the ability of education
personnel to act in that emergency to safeguard a pupil or others from imminent physical harm should not be restricted.

Legislative History

Amended by Stats. 2019, Ch. 497, Sec. 62. (AB 991) Effective January 1, 2020.