New Jersey 2024-2025 Regular Session

New Jersey Senate Bill S1742

Introduced
1/9/24  

Caption

Extends requirements on use of restraint and seclusion to all students; requires immediate parental notification; requires DOE to collect and report data regarding use of restraint and seclusion on students.

Impact

The bill modifies several key aspects of the law enacted in 2018 (P.L.2017, c.291). It establishes stricter guidelines for the use of seclusion and restraint across all students, emphasizing that these practices are to be employed only as a last resort. In addition, the New Jersey Department of Education is mandated to collect and report data on the use of both techniques on students, ensuring that information is disaggregated by factors such as race and gender, which could help identify potentially harmful trends or disparities. This move is expected to foster safer school environments and mitigate instances of excessive use of restraint or seclusion.

Summary

Senate Bill S1742 amends existing legislation regarding the use of physical restraint and seclusion techniques in public schools in New Jersey. Previously, the regulations were primarily applicable to students with disabilities; this bill extends the same requirements to all students. The legislation aims to ensure that physical restraint is only applied in emergency situations where the student poses an immediate danger to themselves or others, and requires schools to notify parents immediately when such measures are taken. A detailed written report of the incident must also be provided within 48 hours, enhancing accountability and transparency in school environments.

Contention

Concerns have emerged regarding the implications of the bill. While advocates highlight the importance of parental notification and the collection of data as significant steps toward greater oversight and refinement of disciplinary practices, critics argue that the bill may lead to unintended consequences. There is apprehension that the expanded application of these measures could create an environment where non-compliant behavior might be met with harsher consequences rather than constructive behavioral support. The balance between maintaining safety and ensuring appropriate behavioral interventions remains a contentious point in the ongoing discussion surrounding this legislation.

Companion Bills

NJ A4503

Same As Extends requirements on use of restraint and seclusion to all students; requires immediate parental notification; requires DOE to collect and report data regarding use of restraint and seclusion on students.

NJ A4676

Carry Over Extends requirements on use of restraint and seclusion to all students; requires immediate parental notification; requires DOE to collect and report data regarding use of restraint and seclusion on students.

Previously Filed As

NJ S2104

Extends requirements on use of restraint and seclusion to all students; requires immediate parental notification; requires DOE to collect and report data regarding use of restraint and seclusion on students.

NJ A1317

Extends requirements on use of restraint and seclusion to all students; requires immediate parental notification; requires DOE to collect and report data regarding use of restraint and seclusion on students.

NJ S3693

Expands limits on use of restraint and seclusion to all students and imposes certain data collection and training requirements on DOE.

NJ S1169

Requires DOE to collect and publish data on use of restraints and seclusion on students with disabilities.

NJ A817

Requires DOE to collect and publish data on use of restraints and seclusion on students with disabilities.

NJ A874

Requires parental notification when seclusion technique is utilized on student with disabilities; requires DOE to collect data on students with disabilities regarding exclusion from school pending psychiatric clearance and utilization of restraints and seclusion.

NJ LD1248

An Act Regarding Physical Escort and Restraint and Seclusion of Students in Schools

NJ HB1248

Protect Students from Restraint & Seclusion Act

NJ HB120

Limiting Student Restraint & Seclusion

NJ HB1229

Public schools; use of seclusion and restraint, report.

Similar Bills

CA AB1922

Restraint of incarcerated persons.

CO HB1248

Protect Students from Restraint & Seclusion Act

NM HB260

Allowable Responses To Student Behavior

OR SB1113

Relating to the welfare of young people.

DE HB79

An Act To Amend Title 14 Of The Delaware Code Relating To Limitations On The Use Of Seclusion And Restraint.

NM HB120

Limiting Student Restraint & Seclusion

OR HB3835

Relating to the welfare of young people; declaring an emergency.