Section 49005.8 - [Effective 1/1/2025] Prohibited acts(a) An educational provider shall not do any of the following: (1) Use seclusion or a behavioral restraint for the purpose of coercion, discipline, convenience, or retaliation.(2) Use locked seclusion, unless it is in a facility otherwise licensed or permitted by state law to use a locked room.(3) Use a physical restraint technique that obstructs a pupil's respiratory airway or impairs the pupil's breathing or respiratory capacity, including techniques in which a staff member places pressure on a pupil's back or places the staff member's body weight against the pupil's torso or back.(4) Use a behavioral restraint technique that restricts breathing, including, but not limited to, using a pillow, blanket, carpet, mat, or other item to cover a pupil's face.(6) Use a behavioral restraint for longer than is necessary to contain the behavior that poses a clear and present danger of serious physical harm to the pupil or others.(b) An educational provider shall keep constant, direct observation of a pupil who is in seclusion, which may be through observation of the pupil through a window, or another barrier, through which the educational provider is able to make direct eye contact with the pupil. The observation required pursuant to this subdivision shall not be through indirect means, including through a security camera or a closed-circuit television.(c) An educational provider shall afford to pupils who are restrained the least restrictive alternative and the maximum freedom of movement, and shall use the least number of restraint points, while ensuring the physical safety of the pupil and others.Amended by Stats 2024 ch 857 (SB 483),s 3, eff. 1/1/2025.Added by Stats 2018 ch 998 (AB 2657),s 1, eff. 1/1/2019.Stats 2024 ch 857 (SB 483),s 1 provides that this act shall be known, and may be cited, as Max Benson's Law.This section is set out more than once due to postponed, multiple, or conflicting amendments.