§ 49005.8. — 49005.8. (Amended by Stats. 2024, Ch. 857, Sec. 3.)

(a)
An educational provider shall not do any of the following:
(1)
Use seclusion or a behavioral restraint for the purpose of coercion, discipline, convenience, or retaliation.
(2)
Use locked seclusion, unless it is in a facility otherwise licensed or permitted by state law to use a locked room.
(3)
Use a physical restraint technique that obstructs a pupil’s respiratory airway or impairs the pupil’s breathing or respiratory capacity, including techniques in which a staff member places pressure on a pupil’s back or places the staff member’s body weight against
the pupil’s torso or back.
(4)
Use a behavioral restraint technique that restricts breathing, including, but not limited to, using a pillow, blanket, carpet, mat, or other item to cover a pupil’s face.
(5)
Use prone restraint.
(6)
Use a behavioral restraint for longer than is necessary to contain the behavior that poses a clear and present danger of serious physical harm to the pupil or others.
(b)
An educational provider shall keep constant, direct observation of a pupil who is in seclusion, which may be through observation of the pupil through a window, or another barrier, through which the educational provider is able to make direct eye contact with the
pupil. The observation required pursuant to this subdivision shall not be through indirect means, including through a security camera or a closed-circuit television.
(c)
An educational provider shall afford to pupils who are restrained the least restrictive alternative and the maximum freedom of movement, and shall use the least number of restraint points, while ensuring the physical safety of the pupil and others.

Legislative History

Amended by Stats. 2024, Ch. 857, Sec. 3. (SB 483) Effective January 1, 2025.