SALT LAKE CITY — Restraint of unruly students by school employees would be limited to certain circumstances under a bill endorsed Monday by the Utah Legislature's House Education Committee.
HB92, sponsored by Rep. Carol Spackman Moss, D-Holladay, would limit the circumstances under which an educator or other school employee could restrain a student to self defense, to obtain possession of a weapon or to protect another student from physical injury.
The prohibitions would not apply to school resource officers.
The legislation permits school employees to touch or hold a student's arm, shoulder or back to escort them to a safe location.
If a student destroys property, the legislation allows schools to withhold report cards or transcripts until restitution is made for property damage.
Christine Passey, whose 9-year-old daughter has been diagnosed with autism, said she is vulnerable to restraint because of her occasional outbursts.
Her daughter is unable to communicate verbally and restraint would make her feel unsafe at school.
"School has to be a safe place for her," she said.
At the same time, Passey said she understands that the family needs to be accountable for property destroyed or damaged.
"I would rather have a bill for five iPads than find out my child was restrained," she said.
The legislation would also eliminate corporal punishment in schools, which is currently allowed with written permission or a parent.
According to an informal survey conducted by the Disability Law Center, 25 superintendents who responded said they had never received a request from a parent to inflict corporal punishment.
Moss said the restraint places children at risk of injury, even death, "because their breathing is restricted or they were put down on the ground in unnecessarily violent ways."
Glenna Gallo, director of special education for the Utah State Board of Education, said "this bill is designed to address safety — safety of students and safety of staff."
Restraint means a student is immobilized, she said.
"It's not a light touch or guiding a student. It is immobilizing a student and as Rep. Spackman Moss said, there is danger when you restrain a student. There is a risk of injury when you restrain a student to the person doing the restraining as well as the risk of death to the student," Gallo said.
"We want to make sure restraint is only used when safety is already an issue. The bill clarifies the difference between restraint and a physical escort."
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