ARTICLE 5.2. Restraint and Seclusion

Article 5.2 added by Stats. 2018, Ch. 998, Sec. 1.

§§ 49005–49006.4 · 9 sections

• § 49005 The Legislature finds and declares all of the following: (a) While it is appropriate to intervene in an emergency to prevent a pupil from imminent risk of…
• § 49005.1 The following definitions apply to this article: (a) “Behavioral restraint” means “mechanical restraint” or “physical restraint,” as defined in this section,…
• § 49005.2 A pupil has the right to be free from the use of seclusion and behavioral restraints of any form imposed as a means of coercion, discipline, convenience, or…
• § 49005.4 An educational provider may use seclusion or a behavioral restraint only to control behavior that poses a clear and present danger of serious physical harm to…
• § 49005.6 An educational provider shall avoid, whenever possible, the use of seclusion or behavioral restraint techniques.
• § 49005.8 (a) An educational provider shall not do any of the following: (1) Use seclusion or a behavioral restraint for the purpose of coercion, discipline,…
• § 49006 (a) A local educational agency that meets the definition of a “local educational agency” specified in Section 300.28 of Title 34 of the Code of Federal…
• § 49006.2 Notwithstanding Section 49006, the data collection and reporting requirements contained in this article shall be conducted in compliance with the requirements…
• § 49006.4 (a) This article applies with regard to all pupils, including individuals with exceptional needs. For an individual with exceptional needs, if a behavioral…