Lauren Book seeks to limit use of mechanical restraints on students with disabilities

Image via Colin Hackley.

Senate Democratic Leader Lauren Book is looking to further limit the use of restraints on students with disabilities with a bill introduced ahead of the 2022 Legislative Session.

The measure follows legislation approved during the 2021 Session. Book’s bill this year (SB 390) would block all non-law enforcement or security personnel from using mechanical restraints on students with disabilities. That would fully block teachers, counselors and other non-safety personnel from using such measures.

Book’s legislation states the ban “does not apply to school resource officers, school safety officers, school guardians, or school security guards … who may use mechanical restraint in the exercise of their powers and duties to restrict students in grades 6 through 12.

Approved legislation last year limits the use of seclusion and restraint techniques as a punitive measure against students with disabilities. The new law only allows such practices to protect students or personnel and only after all other options have failed. Seclusion or restraint can no longer be used as a purely disciplinary measure.

Book, a Plantation Democrat, fought for the bill in recent years before earning approval last Session. Gov. Ron DeSantis signed that bill into law in June.

Now, the Senate Democratic Leader is looking to expand those protections by cracking down on mechanical restraints, which she points out can cause bleeding or bone fractures.

“Students deserve to be safe at school, and parents deserve peace of mind,” Book said in a written statement announcing the new legislation.

“The use of restraints can be traumatizing for children and should only be used as a last resort — we know there’s a better way. This policy builds on the great progress we made last year, as we work to make sure Florida classrooms are as safe as possible for students with disabilities.”

This year’s legislation also touches up some of the language in last year’s bill. Rather than lay out the types of restraint limited to protect the safety of others — such as straight jackets, zip ties or handcuffs — Book’s bill states that any “physical restraint” is subject to those limitations.

The new language also states such procedures “must” be stopped “as soon as the threat posed by the dangerous behavior has dissipated.” Last year’s bill stated the use of restraint “shall” be stopped in those circumstances. The use of “shall” in legislation has typically been used synonymously with the word “must,” but Book’s change aims to make the language clearer.

So far, no House members have introduced a companion measure.