Existing law authorizes an educational provider, as defined, to use behavioral restraints, which include physical and mechanical restraints, or seclusion, as defined, only if specified conditions are met. Existing law prohibits an educational provider from using a behavioral restraint or seclusion in certain circumstances. Existing law requires a local educational agency that meets a specified federal definition to collect and, by no later than 3 months after the end of a school year, report to the State Department of Education annually on the use of behavioral restraints and seclusion for pupils enrolled in, or served by, the local educational agency for all or part of the prior school year, as specified.

This bill would require such a local educational agency to annually post their report on their internet website. By imposing additional duties on those local educational agencies, the bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Existing law authorizes an educational provider, as defined, to use behavioral restraints, which include physical and mechanical restraints, or seclusion, as defined, only if specified conditions are met. Existing law prohibits an educational provider from using a behavioral restraint or seclusion in certain circumstances. Existing law requires a local educational agency that meets a specified federal definition to collect and, by no later than 3 months after the end of a school year, report to the State Department of Education annually on the use of behavioral restraints and seclusion for pupils enrolled in, or served by, the local educational agency for all or part of the prior school year, as specified.

This bill would require such a local educational agency to annually post their report on their internet website. By imposing additional duties on those local educational agencies, the bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Existing law authorizes an educational provider, as defined, to use behavioral restraints, which includes physical and mechanical restraints, or seclusion, as defined, only if specified conditions are met, and prohibits an educational provider from using a behavioral restraint or seclusion in certain circumstances. Existing law requires a local educational agency that meets a specified federal definition to collect and, no later than 3 months after the end of a school year, report to the State Department of Education annually on the use of behavioral restraints and seclusion for pupils enrolled in or served by the local educational agency for all or part of the prior school year, as specified.

This bill would require those local educational agencies to post that report on their internet websites annually. Because the bill would impose a new requirement on those local educational agencies, the bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

 THIRD READING  

Bill No: AB 1466

Author: Weber (D)

Introduced: 2/17/23

Vote: 21

SENATE EDUCATION COMMITTEE: 7-0, 6/21/23

AYES: Newman, Ochoa Bogh, Cortese, Glazer, McGuire, Smallwood-Cuevas, Wilk

SENATE APPROPRIATIONS COMMITTEE: 7-0, 9/1/23

AYES: Portantino, Jones, Ashby, Bradford, Seyarto, Wahab, Wiener

ASSEMBLY FLOOR: 76-0, 5/25/23 - See last page for vote

SUBJECT: Pupil discipline: restraint and seclusion: reporting

SOURCE: Author

DIGEST:

This bill requires each Local Educational Agency (LEA), as specified by federal law, to post the same data that LEAs are currently required to share with the California Department of Education (CDE) on their websites related to restraint and seclusion.

ANALYSIS:

Existing law:

1. Defines LEA to mean a public board of education or other public authority legally constituted within a State for either administrative control or direction of, or to perform a service function for, public elementary or secondary schools in a city, county, township, school district, or other political subdivision of a State, or for a combination of school districts or counties as are recognized in a State as an administrative agency for its public elementary schools or secondary schools. (34 Code of Federal Regulation (CFR) 300.28)
2. Requires LEAs that meet the definition of a “local educational agency” specified in Section 300.28 of Title 34 of the CFR to collect and, no later than three months after the end of a school year, report to the CDE annually on the use of behavioral restraints and seclusion for students enrolled in or served by the LEA for all or part of the prior school year. (Education Code (EC) 49006)
3. Permits an educational provider from using seclusion or behavioral restraint only to control behavior that poses a clear and present danger of serious physical harm to the student or others that a less restrictive response cannot immediately prevent. (EC 49005.4)
4. Requires the information reported to CDE to be disaggregated by race or ethnicity and gender, with separate counts for students with Section 504 plans, Individualized Education Programs (IEPs), and those without IEPs and includes the following:
   1. The number of students subjected to mechanical restraint;
   2. The number of students subjected to physical restraint;
   3. The number of students subjected to seclusion;
   4. The number of times mechanical restraint was used on students;
   5. The number of times physical restraint was used on students; and
   6. The number of times seclusion was used on students. (EC 49006)
5. States that the data collection and reporting is in compliance with federal data reporting requirements and shall not be construed to impose a new program or higher level of service on LEAs or non-public, nonsectarian schools (NPSs) or nonpublic agencies (NPAs). (EC 49006.2)

This bill requires each LEA to post specified restraint and seclusion data on their websites.

Comments

1. Need for the bill. According to the author, “Current state law requires local educational agencies to submit their restraint and seclusion data to the California Department of Education annually. AB 1466 strengthens that provision by requiring local educational agencies to post that same data on their website. Increasing transparency and allowing all families to easily access critical data relevant to their children’s school environment.”
2. When Are Restraint and Seclusion of a Student Permissible? According to the U.S. Department of Education Office (USDOE’s), Restraint and Seclusion: Resource Document, “Physical restraint or seclusion should not be used except in situations where the child’s behavior poses an imminent danger of serious physical harm to self or others and restraint and seclusion should be avoided to the greatest extent possible without endangering the safety of students and staff. In addition, schools should never use a drug or medication to control behavior or restrict freedom of movement unless it is (1) prescribed by a licensed physician or other qualified health professional acting under the scope of the professional’s authority under State law; and (2) administered as prescribed by the licensed physician or other qualified health professional acting under the scope of the professional’s authority under State law.”
3. Current Reporting Requirement to CDE. AB 2657 (Shirley Weber, Chapter 998, Statutes of 2018) required the CDE to collect and report the data outlined in the statute. This data collection is based, in part, on a similar data collection conducted by the USDOE of Civil Rights (OCR) in which schools are required to report aggregate data to the OCR about the use of restraint and seclusion through the biannual Civil Rights Data Collection (CRDC). The data collection authorized by AB 2657 differs from the federal CRDC in that it is an annual collection of information about the use of restraint and seclusion in both traditional and NPS settings. While the law did not specify the exact collection methodology, the CDE decided to collect these data at the student level through the California Longitudinal Pupil Achievement Data System (CALPADS). The following information is collected:
4. The number of students subjected to mechanical restraint;
5. The number of students subjected to physical restraint;
6. The number of students subjected to seclusion;
7. The number of times mechanical restraint was used on students;
8. The number of times physical restraint was used on students; and
9. The number of times seclusion was used on students.

Restraint and seclusion data are required to be disaggregated with separate counts for pupils with a plan under Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794), pupils with an individualized education program, and pupils who do not have a plan under Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794) or an individualized education program. While not required by law, the CDE reports these data separately for English learners, socioeconomically disadvantaged students, and migrant, foster, and homeless students.

This bill requires LEAs to post similar information currently submitted to CDE on their website.

1. Students Restrained or Secluded in California. In the 2021-22 school year, the data showed 44881 unduplicated students restrained and 5,137 unduplicated students secluded in all educational environments (public school, NPS, etc.). Some data was redacted for several LEAs to comply with privacy protections in state and federal law.

It is important to note that some data may be redacted to comply with existing privacy requirements to prevent individual students from being identifiable.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes

According the Senate Appropriations Committee, this bill’s requirement for LEAs to post the restraint and seclusion data on their websites could result in a reimbursable state mandate. A precise amount is unknown but could be in the low hundreds of thousands of dollars in Proposition 98 General Fund each year. It could also lead to pressure for the state to increase the K-12 Mandate Block Grant.

SUPPORT: (Verified 9/1/23)

Association of Regional Center Agencies

California Association for Behavior Analysis

California Association for Parent-Child Advocacy

California Health Coalition Advocacy

California Parents Union

Disability Rights California

Educate. Advocate.

Families for Early Autism Treatment

Golden Valley Unified School District

Inland Regional Center

Kingsburg Joint Union High School District

Learning Rights Law Center

Pathpoint

The Arc and United Cerebral Palsy California Collaboration

Wayfinder Family Services

OPPOSITION: (Verified 9/1/23)

None received

ARGUMENTS IN SUPPORT: According to the California Health Coalition Advocacy, “When parents and guardians have access to information about the use of restraints and seclusion by schools, they are more readily able to make decisions in the best interest of their children. Protecting the health and well-being of their children is the greatest responsibility a parent has and it is vital that they have all the facts pertinent to keeping their kids safe. This bill would require local educational agencies to post their annual report to the Department of Education on the use of behavioral restraints and seclusion for pupils on their websites.”

ASSEMBLY FLOOR: 76-0, 5/25/23

AYES: Addis, Alanis, Alvarez, Arambula, Bains, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Cervantes, Chen, Connolly, Megan Dahle, Davies, Dixon, Essayli, Flora, Mike Fong, Vince Fong, Friedman, Gabriel, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Holden, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Rendon

NO VOTE RECORDED: Aguiar-Curry, Bauer-Kahan, Mathis, Papan

Prepared by: Kordell Hampton / ED. / (916) 651-4105

9/4/23 8:53:08

**** END ****

SENATE COMMITTEE ON APPROPRIATIONS

Senator Anthony Portantino, Chair

2023 - 2024 Regular Session

AB 1466 (Weber) - Pupil discipline: restraint and seclusion: reporting

Bill Summary:

This bill requires each local educational agency (LEA) to post specified restraint and seclusion data on their websites.

Fiscal Impact:

The bill’s requirement for LEAs to post the restraint and seclusion data on their websites could result in a reimbursable state mandate. A precise amount is unknown but could be in the low hundreds of thousands of dollars in Proposition 98 General Fund each year. It could also lead to pressure for the state to increase the K-12 Mandate Block Grant.

Background:

Existing law requires LEAs that meet the definition of a “local educational agency” specified in Section 300.28 of Title 34 of the Code of Federal Regulation to collect and, no later than three months after the end of a school year, report to the CDE annually on the use of behavioral restraints and seclusion for students enrolled in or served by the LEA for all or part of the prior school year.

Existing law permits an educational provider to use seclusion or behavioral restraint only to control behavior that poses a clear and present danger of serious physical harm to the student or others that a less restrictive response cannot immediately prevent.

Existing law requires the information reported to CDE to be disaggregated by race or ethnicity and gender, with separate counts for students with Section 504 plans, Individualized Education Programs (IEPs), and those without IEPs and includes specified information, including the number of students subjected to mechanical restraint, the number of students subjected to physical restraint, and the number of students subjected to seclusion.

Proposed Law:

This bill requires each LEA to post the same data that they must currently share with the CDE related to restraint and seclusion, as specified, on their websites.

Staff Comments:

AB 2657 (Shirley Weber, Chapter 998, Statutes of 2018) prohibits the use of restraint or seclusion on any student, except in specified circumstances, and establishes parameters and procedures for situations in which restraint or seclusion may be used. AB 2657 also requires LEAs to annually collect and report to CDE data on the use of behavioral restraints and seclusion for students enrolled in or served by the LEA. CDE is then required to annually report this data on its website. The data must include the number of students subjected to mechanical restraint, physical restraint, or seclusion, and the number of times mechanical restraint, physical restraint, or seclusion was used on students. Further, the data is to be disaggregated by race or ethnicity, and gender, with separate counts for students with Section 504 plans, and Individualized Education Programs.

Data posted on CDE’s website for the 2020-21 school year shows an unduplicated count of 325 students restrained and 1,299 students secluded in all educational environments at about 2,300 LEAs.

-- END --

SENATE COMMITTEE ON EDUCATION

Senator Josh Newman, Chair

2023 - 2024 Regular

Bill No: AB 1466 Hearing Date: June 21, 2023

Subject: Pupil discipline: restraint and seclusion: reporting.

SUMMARY

This bill requires each Local Educational Agency (LEA), as specified by federal law, to post the same data that LEAs are currently required to share with the California Department of Education (CDE) on their websites related to restraint and seclusion.

BACKGROUND

Existing Law:

Federal Law

1. LEA means a public board of education or other public authority legally constituted within a State for either administrative control or direction of, or to perform a service function for, public elementary or secondary schools in a city, county, township, school district, or other political subdivision of a State, or for a combination of school districts or counties as are recognized in a State as an administrative agency for its public elementary schools or secondary schools. (34 Code of Federal Regulation (CFR) 300.28)

State law

1. Requires LEAs that meet the definition of a “local educational agency” specified in Section 300.28 of Title 34 of the CFR to collect and, no later than three months after the end of a school year, report to the CDE annually on the use of behavioral restraints and seclusion for students enrolled in or served by the LEA for all or part of the prior school year. (Education Code (EC) 49006)
2. Permits an educational provider from using seclusion or behavioral restraint only to control behavior that poses a clear and present danger of serious physical harm to the student or others that a less restrictive response cannot immediately prevent. (EC 49005.4)
3. Requires the information reported to CDE to be disaggregated by race or ethnicity and gender, with separate counts for students with Section 504 plans, Individualized Education Programs (IEPs), and those without IEPs and includes the following:
4. The number of students subjected to mechanical restraint;
5. The number of students subjected to physical restraint;
6. The number of students subjected to seclusion;
7. The number of times mechanical restraint was used on students;
8. The number of times physical restraint was used on students; and
9. The number of times seclusion was used on students. (EC 49006)
10. States that the data collection and reporting is in compliance with federal data reporting requirements and shall not be construed to impose a new program or higher level of service on LEAs or non-public, nonsectarian schools (NPSs) or nonpublic agencies (NPAs). (EC 49006.2)

ANALYSIS

Requires each LEA, as specified by federal law, to post the same data that LEAs must share with the CDE on their websites related to restraint and seclusion.

STAFF COMMENTS

1. Need for the bill. According to the author, “Current state law requires local educational agencies to submit their restraint and seclusion data to the California Department of Education annually. AB 1466 strengthens that provision by requiring local educational agencies to post that same data on their website. Increasing transparency and allowing all families to easily access critical data relevant to their children’s school environment.”
2. When Are Restraint and Seclusion of a Student Permissible? According to the the U.S. Department of Education Office (USDOE’s), Restraint and Seclusion: Resource Document, “ Physical restraint or seclusion should not be used except in situations where the child’s behavior poses an imminent danger of serious physical harm to self or others and restraint and seclusion should be avoided to the greatest extent possible without endangering the safety of students and staff. In addition, schools should never use a drug or medication to control behavior or restrict freedom of movement unless it is (1) prescribed by a licensed physician or other qualified health professional acting under the scope of the professional’s authority under State law; and (2) administered as prescribed by the licensed physician or other qualified health professional acting under the scope of the professional’s authority under State law.”
3. Current Reporting Requirement to CDE. AB 2657 (Shirley Weber), Chapter 998, Statutes of 2018, requires the CDE to collect and report the data outlined in the statute. This data collection is based, in part, on a similar data collection conducted by the USDOE of Civil Rights (OCR) in which schools are required to report aggregate data to the OCR about the use of restraint and seclusion through the biannual Civil Rights Data Collection (CRDC). The data collection authorized by AB 2657 differs from the federal CRDC in that it is an annual collection of information about the use of restraint and seclusion in both traditional and NPS settings. While the law did not specify the exact collection methodology, the CDE decided to collect these data at the student level through the California Longitudinal Pupil Achievement Data System (CALPADS). The following information is collected:
4. The number of students subjected to mechanical restraint;
5. The number of students subjected to physical restraint;
6. The number of students subjected to seclusion;
7. The number of times mechanical restraint was used on students;
8. The number of times physical restraint was used on students; and
9. The number of times seclusion was used on students.

Restraint and seclusion data are required to be disaggregated with separate counts for pupils with a plan under Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794), pupils with an individualized education program, and pupils who do not have a plan under Section 504 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794) or an individualized education program. While not required by law, the CDE reports these data separately for English learners, socioeconomically disadvantaged students, and migrant, foster, and homeless students.

This bill would require LEAs to post similar information currently submitted to CDE on their website.

1. Students Restrained or Secluded in California. In the 2021-22 school year, the data showed 44881 unduplicated students restrained and 5,137 unduplicated students secluded in all educational environments (public school, NPS, etc.). Some data was redacted for several LEAs to comply with privacy protections in state and federal law.

It is important to note that some data may be redacted to comply with existing privacy requirements to prevent individual students from being identifiable.

1. Related Legislation

AB 2657 (Shirley Weber), Chapter 998, Statutes of 2018, prohibits the use of restraint or seclusion on any student, except in specified circumstances; establishes parameters and procedures for situations in which restraint or seclusion may be used; requires data collection and reporting to the CDE.

SB 483 (Cortese, 2023) would prohibit the use of prone restraint for any period by LEAs, charter schools, the State Special Schools for the Blind and the Deaf, and NPS/A. This bill is in Senate Education Committee.

AB 611 (Akilah Weber, 2023) would require that a contracting LEA inform parents and guardians of students who attend a NPS/Aof the change in its certification status within 14 days of becoming aware of any change to the certification status.

AB 1172 (Frazier), Chapter 454, Statutes of 2019, requires that LEAs that send students to non-public NPSs conduct on-site monitoring visits; requires that NPSs notify the CDE of any student-involved incident in which law enforcement is contacted; requires the CDE if an investigation conducted by the CDE results in a finding that student health or safety has been compromised, to suspend or revoke the school’s certification immediately; requires that an NPS serving students with significant behavioral needs to have an individual on site who is qualified to implement behavior interventions, and requires that administrators of NPSs hold or be working toward specified credentials or licenses; requires that NPSs train specified staff in evidence-based practices and interventions specific to students’ unique behavioral needs.

SUPPORT

Association of Regional Center Agencies

California Association for Behavior Analysis

California Health Coalition Advocacy

OPPOSITION

None received

-- END --

ASSEMBLY THIRD READING

ATR Bill Id:AB 1466

Author:(Weber)

As Introduced Ver:February 17, 2023

Majority vote

SUMMARY

Requires local educational agencies (LEAs) and charter schools to annually post on their websites data on seclusions and restraints of students which is currently reported to the California Department of Education (CDE).

Major Provisions

Requires that an LEA that meets the definition of a "local educational agency" specified in Section 300.28 of Title 34 of the Code of Federal Regulations annually post data about the seclusion and restraint of students on its website.

COMMENTS

Current law requires LEA data on seclusion and restraint to be collected and posted on CDE website. This bill would require that LEAs post data on seclusion and restraint of their students on their websites. This data is currently collected and reported pursuant to state and federal law. Current law also requires LEAs to collect and, no later than three months after the end of a school year, report to the CDE annually on the use of behavioral restraints and seclusion for students enrolled in or served by the LEA. Current law requires that, no later than three months after the report is due to the CDE, the CDE post the data from the report annually on its website.

This data must include the following, disaggregated by race or ethnicity, and gender, with separate counts for students with Section 504 plans, IEPs, and those without IEPs:

1. The number of students subjected to mechanical restraint;
2. The number of students subjected to physical restraint;
3. The number of students subjected to seclusion;
4. The number of times mechanical restraint was used on students;
5. The number of times physical restraint was used on students; and
6. The number of times seclusion was used on students.

The CDE collected restraint and seclusion data for the first time from LEAs as part of the 2019–20 CALPADS annual data submission. The CDE provided extensive technical assistance to LEAs regarding this new data collection and the submission of these data, including notices to the field, meetings with stakeholders, and numerous data collection trainings and webinars. To certify the accuracy of the data, LEAs were required to review and approve the information displayed in the CALPADS incident and incident results reports. While not required to by law, the CDE reported these data separately for students attending non-public schools (NPSs) and is also reporting these data separately for students who are English learners, socioeconomically disadvantaged, and for migrant, foster, and homeless students.

Number of students restrained or secluded in California. Data posted on CDE's website for 2020-21 shows an unduplicated count of 325 students restrained and 1,299 students secluded in all educational environments (public school, NPS, etc.). Data were redacted for a number of LEAs to comply with privacy protections in state and federal law. If this bill is enacted, some LEAs will not be able to post data on their websites due to these privacy requirements.

According to the Author

"Current state law requires LEAs to submit their restraint and seclusion data to the CDE annually. AB 1466 strengthens that provision by requiring LEAs to post that same data on their website; increasing transparency and allowing all families to easily access critical data relevant to their children's school environment."

Arguments in Support

The California Association for Parent-Child Advocacy writes, "We support AB 1466 for the reasons below and ask this committee to support the bill as well [excerpted below]:

1. The CDE website is difficult to search even for experienced attorneys and advocates;
2. Knowing this information is important for evaluating the effectiveness of existing training and determining whether research-based, positive alternatives to restraint and seclusion are being used sufficiently;
3. Posting information could potentially allow parents and advocates to correct incorrect information reported by districts;
4. Parents are sometimes under the mistaken impression that restraint and/or seclusion are always illegal, or see these practices as affecting only their children and a handful of others, for discriminatory or retaliatory reasons; and
5. It is critical to have information at the local level, where effective action is most likely to occur."

Arguments in Opposition

None on file.

FISCAL COMMENTS

According to the Assembly Appropriations Committee:

1. Minor ongoing Proposition 98 General Fund costs to each LEA to post on its website information about its use of seclusion and restraint of students. The state has about 2,300 LEAs to which this bill is applicable. If each LEA's posting took four hours of staff time at $20 an hour, costs would be $184,000 statewide annually.
2. If the Commission on State Mandates determines the bill's requirements to be a reimbursable state mandate, the state would need to reimburse these costs to LEAs or provide funding through the K-12 Mandate Block Grant.

VOTES

ASM EDUCATION: 7-0-0

YES: Muratsuchi, Megan Dahle, Juan Carrillo, Hoover, Lee, McCarty, Quirk-Silva

ASM APPROPRIATIONS: 15-0-1

YES: Holden, Megan Dahle, Bryan, Calderon, Wendy Carrillo, Dixon, Mike Fong, Hart, Lowenthal, Mathis, Papan, Pellerin, Sanchez, Weber, Ortega

ABS, ABST OR NV: Robert Rivas

UPDATED

VERSION: February 17, 2023

CONSULTANT: Tanya Lieberman / ED. / (916) 319-2087 FN: 0000867

Date of Hearing: April 19, 2023

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Chris Holden, Chair

ABPCA Bill Id:AB 1466

Author:(Weber) – As Introduced Ver:February 17, 2023

Urgency: No State Mandated Local Program: Yes Reimbursable: Yes

SUMMARY:

This bill requires local educational agencies (LEAs), including charter schools, to annually post on their websites data on seclusions and restraints of students, which is currently reported to the California Department of Education (CDE).

FISCAL EFFECT:

Minor ongoing Proposition 98 General Fund costs to each LEA to post on its website information about its use of seclusion and restraint of students. The state has about 2,300 LEAs to which this bill is applicable. If each LEA’s posting took four hours of staff time at $20 an hour, costs would be $184,000 statewide annually.

If the Commission on State Mandates determines the bill’s requirements to be a reimbursable state mandate, the state would need to reimburse these costs to LEAs or provide funding through the K-12 Mandate Block Grant.

COMMENTS:

1. Purpose. The author states:

Current state law requires LEAs to submit their restraint and seclusion data to the CDE annually. AB 1466 strengthens that provision by requiring LEAs to post that same data on their website; increasing transparency and allowing all families to easily access critical data relevant to their children’s school environment.

1. Background. AB 2657 (Shirley Weber), Chapter 998, Statutes of 2018, prohibits the use of restraint or seclusion on any student, except in specified circumstances; establishes parameters and procedures for situations in which restraint or seclusion may be used; and requires LEAs (including charter schools and non-public schools and agencies) to annually collect and report to CDE data on the use of behavioral restraints and seclusion for students enrolled in or served by the LEA. AB 2657 requires CDE to annually report this data on its website. The data must include the number of students subjected to mechanical restraint, physical restraint, or seclusion, and the number of times mechanical restraint, physical restraint, or seclusion was used on students. This data is to be disaggregated by race or ethnicity, and gender, with separate counts for students with Section 504 plans, and Individualized Education Programs. Data posted on CDE’s website for the 2020-21 school year shows an unduplicated count of 325 students restrained and 1,299 students secluded in all educational environments at about 2,300 LEAs. Data were redacted for a number of LEAs to comply with privacy protections in state and federal law.

This bill requires that an LEA post the data it annually submits to CDE on seclusion and restraint of its students on its website. Some LEAs may need to redact data on their websites to comply with privacy protections in state and federal law.

1. Related Legislation. AB 611 (Weber) of this session would require that an LEA that contracts with a nonpublic school or agency to inform a parent or guardian of a student who attends the school or agency of the change in certification status within 14 days of becoming aware of any such change and specifies a parent or guardian is to be notified of a change in certification status resulting from a CDE investigation into student restraint or seclusion at a nonpublic school or agency. The bill is pending in this committee.

SB 483 (Cortese) of this session would prohibit the use of prone restraint for any period of time by LEAs, charter schools, the State Special Schools for the Blind and the Deaf, and nonpublic schools or agencies. The bill is pending before the Senate Education Committee.

Analysis Prepared by: Natasha Collins / APPR. / (916) 319-2081