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1 Conditions of Seclusion. Amend RSA 126-U:5-b, II to read as follows:
II. Each use of seclusion shall be directly and continuously visually and auditorially monitored by a person trained in the safe use of seclusion.
2 Child Restraint Practices; Notice and Record-Keeping Requirements. Amend RSA 126-U:7, I to read as follows:
I. Unless prohibited by court order, the facility or school shall, make reasonable efforts to verbally notify the child's parent or guardian and guardian ad litem whenever seclusion or restraint has been used on the child. Such notification shall be made as soon as practicable and in no event later than the time of the return of the child to the parent or guardian or the end of the business day, whichever is earlier. Notification shall be made in a manner calculated to give the parent or guardian actual notice of the incident at the earliest practicable time.
3 New Subparagraph; Notice and Record-Keeping Requirements. Amend RSA 126-U:7, II by inserting after subparagraph (m) the following new subparagraph:
(n) A physical or digital copy of any recording of the occurrence.
4 Authorization and Monitoring of Extended Restraint. Amend RSA 126-U:11, II to read as follows:
II. Children in restraint shall be the subject of continuous direct observation by personnel trained in the safe use of restraint.
New Subparagraph; Student Privacy; Recording for Disciplinary Purposes. Amend RSA 189:68, V by inserting after subparagraph (c) the following new subparagraph:
(d) If a student's individualized education program or accommodation plan includes audio or video recording as part of the child's special education, related services, assistive technology service, or methodology, any use of seclusion or restraint for disciplinary purposes pursuant to RSA 126-U:5-b or RSA 126-U:11 shall be recorded.
6 Effective Date. This act shall take effect 60 days after its passage.
Text to be added highlighted in green.
1 Conditions of Seclusion. Amend RSA 126-U:5-b, II to read as follows:
II. Each use of seclusion shall be directly and continuously visually and auditorily monitored by a person trained in the safe use of seclusion. As soon as practicable, pursuant toRSA 189:68, V(d), each use of seclusion shall be visually and auditorily recorded if such method of recording is included in the student's individualized education program or accommodation plan.
2 Child Restraint Practices; Notice and Record-Keeping Requirements. Amend RSA 126-U:7, I to read as follows:
I. Unless prohibited by court order, the facility or school shallwhenever prior to the use of, and immediately after *seclusion or restraint has been used on the child. Such notification shall be made as soon as practicable and in no event later than the time of the return of the child to the parent or guardian or the end of the business day, whichever is earlier. Notification shall be made in a manner calculated to give the parent or guardian actual notice of the incident at the earliest practicable time.
3 New Subparagraph; Notice and Record-Keeping Requirements. Amend RSA 126-U:7, II by inserting after subparagraph (m) the following new subparagraph:
(n) A physical or digital copy of any recording of the occurrence.
4 Authorization and Monitoring of Extended Restraint. Amend RSA 126-U:11, II to read as follows:
II. Children in restraint shall be the subject of continuous direct observation by personnel trained in the safe use of restraint.** As soon as practicable, pursuant toRSA 189:68, V(d), each use of restraint shall be visually and auditorily recorded if such method of recording is included in the student's individualized education program or accommodation plan. **
** 5** New Subparagraph; Student Privacy; Recording for Disciplinary Purposes. Amend RSA 189:68, V by inserting after subparagraph (c) the following new subparagraph:
(d) If a student's individualized education program or accommodation plan includes audio or video recording as part of the child's special education, related services, assistive technology service, or methodology, any use of seclusion or restraint for disciplinary purposes pursuant to RSA 126-U:5-b or RSA 126-U:11 shall be recorded.
6 Effective Date. This act shall take effect 60 days after its passage.