RULE TITLE: Policy for the Use of Physical Restraint With Students With Disabilities.

RULE NUMBER: Policy 5.181.

SUBJECT AREA TO BE ADDRESSED: This Policy defines the limited, emergency circumstances in which staff and school personnel of the District may use physical restraint on students with disabilities, who are eligible under the Individuals with Disabilities Education Act (IDEA), Section 504 of the Rehabilitation Act of 1973 (Section 504), the Americans with Disabilities Act of 1990 (ADA), and State law.

PURPOSE AND EFFECT: This revision will bring School Board Policy 5.181 into compliance with current State law and guidance governing the use of physical restraint with students with disabilities, in particular Section 1003.573, Florida Statutes, which, effective 2010, established specific documentation, reporting, and monitoring requirements regarding the use of physical restraint on students with disabilities.

SPECIFIC AUTHORITY: Fla. Stat. §§ 394; 1001.41(2); 1001.42(22); 1001.43(1); 1003.573; 1006.07; 1006.11; 1003.32; 34 CFR 300.504; State Board Rule 6A-6.0311.

LAWS IMPLEMENTED: Fla. Stat. §§ 1001.43(1); 1003.31(1), (3); 1003.32; 1003.573; 1006.07; 1006.09; 1006.11; 1006.13(4).

CONTACT PERSON: Laura Pincus, 3300 Forest Hill Blvd., West Palm Beach FL 33406.

THE PRELIMINARY TEXT of the proposed rule development may be obtained without cost from the School District's web site at www.SchoolBoardPolicies.com/revisions.htm .

PUBLIC HEARING NOTICE: Development of the proposed rule is anticipated to be considered at the School Board's Special Meeting on Policies on May 11, 2011, anticipated to begin at 4:00 p.m. (an approximate time, as the actual start time may vary earlier or later) in the Board Chambers at 3300 Forest Hill Blvd., West Palm Beach, Fla. AGENDA: An agenda will be available by May 4, 2011 on the District's Web site. Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this hearing is asked to advise the agency at least 48 hours in advance by contacting the Board clerk at 434-8139. A person may submit written comments (12 copies) about the proposed action to the clerk no later than the time of the public hearing. This hearing is open to the public.

Publish: April 27, 2011