HB2754 - 551R

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 15-105, Arizona Revised Statutes, is amended to read:

START_STATUTE15-105. Use of restraint and seclusion techniques; requirements; definitions

A. A school may permit allow the use of restraint or seclusion techniques on any pupil if both of the following apply:

1. The pupil's behavior presents an imminent danger of bodily harm to the pupil or others.

2. Less restrictive interventions appear insufficient to mitigate the imminent danger of bodily harm.

B. If a restraint or seclusion technique is used on a pupil:

1. School personnel shall maintain continuous visual observation and monitoring of the pupil while the restraint or seclusion technique is in use.

2. The restraint or seclusion technique shall end when the pupil's behavior no longer presents an imminent danger to the pupil or others.

3. The restraint or seclusion technique shall be used only by school personnel who are trained in the safe and effective use of restraint and seclusion techniques unless an emergency situation does not allow sufficient time to summon trained personnel.

4. The restraint technique employed may not impede the pupil's ability to breathe.

5. The restraint technique may not be out of proportion to the pupil's age or physical condition.

C. Schools may establish policies and procedures for the use of using restraint or seclusion techniques in a school safety or crisis intervention plan if the plan is not specific to any individual pupil.

D. Schools shall establish reporting and documentation procedures to be followed when a restraint or seclusion technique has been used on a pupil. The procedures shall include the following requirements:

1. School personnel shall provide the pupil's parent or guardian with written or oral notice on the same day that the incident occurred, unless circumstances prevent same-day notification. If the notice is not provided on the same day of the incident, notice shall be given within twenty-four hours after the incident.

2. Within a reasonable time following the incident, school personnel shall provide the pupil's parent or guardian with written documentation that includes information about any persons, locations or activities that may have triggered the behavior, if known, and specific information about the behavior and its precursors, the type of restraint or seclusion technique used and the duration of its use.

3. Schools shall review strategies used to address a pupil's dangerous behavior if there has been repeated use of restraint or seclusion techniques for the pupil during a school year. The review shall include a review of the incidents in which a restraint or seclusion technique were was used and an analysis of how future incidents may be avoided, including whether the pupil requires a functional behavioral assessment.

E. If a school district or charter school summons law enforcement instead of using a restraint or seclusion technique on a pupil, the school shall comply with the reporting, documentation and review procedures established under subsection D of this section. Notwithstanding this section, school resource officers as defined in section 15-154 are authorized to respond to situations that present the imminent danger of bodily harm any suspected crime against a person or property that is a serious offense as defined in section 13-706 or that involves a deadly weapon or dangerous instrument or serious physical injury and any conduct that poses a threat of death or serious physical injury to employees, students or anyone on the property of the school according to protocols established by their law enforcement agency. For the purposes of this subsection, "dangerous instrument", "deadly weapon" and "serious physical injury" have the same meanings prescribed in section 13-105.

F. This section does not prohibit schools from adopting policies pursuant to section 15-843, subsection B, paragraph 3.

G. For the purposes of this section:

1. "Restraint" means any method or device that immobilizes or reduces the ability of a pupil to move the pupil's torso, arms, legs or head freely, including physical force or mechanical devices. Restraint does not include any of the following:

(a) Methods or devices implemented by trained school personnel or used by a pupil for the specific and approved therapeutic or safety purposes for which the method or device is designed and, if applicable, prescribed.

(b) The temporary touching or holding of the hand, wrist, arm, shoulder or back for the purpose of inducing a pupil to comply with a reasonable request or to go to a safe location.

(d) Physical force used to take a weapon away from a pupil or to separate and remove a pupil from another person when the pupil is engaged in a physical assault on another person.

2. "School" means a school district, a charter school, a public or private special education school that provides services to pupils placed by a public school, the Arizona state schools for the deaf and the blind and a private school.

3. "Seclusion" means the involuntary confinement of a pupil alone in a room from which egress is prevented. Seclusion does not include the use of a voluntary behavior management technique, including a timeout location, as part of a pupil's education plan, individual safety plan, behavioral plan or individualized education program that involves the pupil's separation from a larger group for purposes of calming. END_STATUTE

Sec. 2. Title 15, chapter 1, article 5, Arizona Revised Statutes, is amended by adding section 15-154.02, to read:

START_STATUTE15-154.02. School resource officers; juvenile probation officers; agreements; trainings; report; definition

A. If a school district or charter school enters into a memorandum of understanding or any other agreement with a law enforcement agency or a juvenile probation department for the purpose of hiring a school resource officer or juvenile probation officer, the memorandum of understanding or agreement shall provide:

1. that the school resource officer or juvenile probation officer focus on building positive relationships with pupils, school staff and the community.

2. That the school resource officer is not responsible for pupil discipline unless the school resource officer is authorized to respond as prescribed in section 15-105, subsection E.

3. That the school resource officer Complete the trainings described in subsection B of this section.

B. On or before January 1, 2022, all school resource officers who serve on school grounds shall complete both of the following trainings that are administered by a national association of school resource officers:

1. A basic school resource officer course that both:

(a) Is designed for law enforcement officers and school safety professionals working in an educational environment.

(b) Provides tools for school resource officers to build positive relationships with both pupils and staff.

2. An adolescent Mental Health Training that is designed to help school safety professionals and school personnel to better identify and respond to pupils who are suspected of having a mental health need.

C. A school district or charter school may not allow a school resource officer on campus if the school resource officer has not completed the trainings described in subsection B of this section on or before January 1, 2022.

D. On or before September 1 of each year, each school district and charter school shall report to the department of education in a manner prescribed by the department the number of school resource officers or juvenile probation officers per school within the school district or per charter school and the agencies of each school resource officer or juvenile probation officer.

E. For the purposes of this section, "school resource officer" has the same meaning prescribed in section 15-154.END_STATUTE

Sec. 3. Appropriations; department of education; trainings; exemption

A. The following sums are appropriated from the state general fund in fiscal year 2021-2022 to the department of education to distribute to school districts and charter schools to cover the costs of the trainings for school resource officers required by section 15-154.02, Arizona Revised Statutes, as added by this act:

1. $173,250 for the training required by section 15-154.02, subsection B, paragraph 1, Arizona Revised Statutes, as added by this act.

2. $68,250 for the training required by section 15-154.02, subsection B, paragraph 2, Arizona Revised Statutes, as added by this act.

B. The appropriations made in subsection A of this section are exempt from the provisions of section 35-190, Arizona Revised Statutes, relating to lapsing of appropriations.