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Michigan Legislature
Michigan Compiled Laws Complete Through PA 357 & includes Initiated Law 1 of 2018
House: Adjourned until Tuesday, December 18, 2018 10:00:00 AM
Senate: Adjourned until Tuesday, December 18, 2018 10:00:00 AM

Michigan Legislature

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Section 380.1307d

Act 451 of 1976

380.1307d Documentation and reporting of seclusion and restraint; state policy; provisions.

Sec. 1307d.

The state policy under section 1307a shall include at least all of the following provisions concerning documentation and reporting of seclusion and restraint:

(a) Each use of seclusion or restraint and the reason for each use shall be documented in writing and reported in writing or orally to the school building administration and the pupil's parent or guardian immediately and documented in a written report for each use of seclusion or restraint, including multiple uses within a given day, with this written report provided to the parent or guardian within the earlier of 1 school day or 7 calendar days.

(b) After any use of seclusion or restraint, school personnel must make reasonable efforts to debrief and consult with the parent or guardian, or with the parent or guardian and the pupil, as appropriate, regarding the determination of future actions. The debriefing and consultation shall be done in accordance with department guidelines and documented on forms developed by the department.

(c) If a pupil exhibits a pattern of behavior that poses a substantial risk of creating an emergency situation in the future that could result in the use of emergency seclusion or emergency physical restraint, school personnel are encouraged to do all of the following:

(i) Conduct a functional behavioral assessment.

(ii) Develop or revise a positive behavioral intervention and support plan to facilitate the elimination of the use of seclusion and restraint.

(iii) Develop an assessment and planning process conducted by a team knowledgeable about the pupil, including at least the parent or guardian; the pupil, if appropriate; the individuals responsible for implementation of the positive behavioral intervention and support plan; and individuals knowledgeable in positive behavioral intervention and support.

History: Add. 2016, Act 398, Eff. Mar. 29, 2017
Popular Name: Act 451

© 2017 Legislative Council, State of Michigan

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