SECLUSION AND RESTRAINT OF STUDENTS WITH DISABILITIES | Policy Manual

5630.01 - SECLUSION AND RESTRAINT OF STUDENTS WITH DISABILITIES

It is the policy of the Board to prohibit the use of seclusion and to limit the use of restraint in the education and discipline of students with disabilities to circumstances in which the strategy can be used safely in a manner that is in the best interests of the student with a disability and as defined in this policy and Florida law. All terms not defined herein shall have the definitions used in F.S. 1003.573.

Prohibition of Seclusion
1. District personnel are prohibited from using seclusion. Seclusion is defined as the involuntary confinement of a student in a room or area alone and preventing the student from leaving the room or area. The term does not include a time-out used as a behavior management technique intended to calm a student.
Use of Physical or Mechanical Restraints
1. For purposes of this policy, restraint means the use of mechanical or physical restraint. Physical restraint means the use of manual restraint techniques that involve significant physical force applied by a teacher or other staff member to restrict the movement of all or part of a student's body. The term does not include briefly holding a student in order to calm or comfort the student or physically escorting a student to a safe location. Mechanical restraint means the use of a device that restricts a student's freedom of movement. The term does not include the use of devices prescribed or recommended by physical or behavioral health professionals when used for indicated purposes.
2. Authorized school personnel may use restraint only when all positive behavior interventions and supports have been exhausted. Restraint may be used only when there is an imminent risk of serious injury and shall be discontinued as soon as the threat posed by the dangerous behavior has dissipated.
3. Restraint is an emergency intervention sometimes used in schools when students are exhibiting disruptive or dangerous behavior. Restraint is not to be used for student discipline or as an instructional tool for the development of pro-social behavior. Rather, it is one method to prevent students from harming themselves or others. It should only be used in emergency situations when an imminent risk of serious injury or death to the student or others exists.
Use of Mechanical Restraint
1. Mechanical restraint is defined as the use of any device or equipment to restrict a student's freedom of movement. The term does not include devices authorized by trained school personnel or devices used by a student that have been prescribed by medical or related service professional and are used for the specific and approved purposes for which such devices were designed, such as:
  1. adaptive devices or mechanical supports used to achieve proper body position, balance or alignment to allow greater freedom of mobility than would be possible without the use of such devices or mechanical supports;
  2. basic vehicle safety restraints (i.e., seat belts) when used as intended during the transport of a student in a moving vehicle;
  3. restraints for medical immobilization; and
  4. orthopedically prescribed devices that permit a student to participate in activities without risk of harm.
2. The requirements in F.S. 1003.573 do not exclude any specific personnel from the reporting requirements. Therefore, when an SRO or other law enforcement officer restrains or secludes a student with a disability, such an incident must be reported in the BESE restraint and seclusion reporting system. Reporting stops once the student and the SRO or other law enforcement officer leaves the campus.
3. A student with a disability shall not be subjected to physical or mechanical restraint except as specifically authorized in this policy. Restraint of any kind shall not be used in any instance in which the sole justification is to punish the student for a violation of a directive from a staff member, violation of student conduct rule, the student's use of vulgar or profane language, a verbal threat, or a display of disrespect for another person. A verbal threat shall not be considered as sufficient justification for the use of physical or mechanical restraint unless a student with a disability has immediate access to the means of acting on the threat.
4. School personnel may not use a mechanical restraint or a manual physical restraint that restricts the breathing of a student with a disability. A restraint shall not be implemented with the intention of using physical pain to achieve control of the behavior or punish misconduct of a student with a disability, and a restraint of any kind shall never be applied in a manner that restricts the blood flow or respiration of a student with a disability.
5. Failure of a student with a disability to complain or object to a restraint or the successful use of a restraint with another student with a disability shall not justify the use of a restraint. Restraint techniques may not be used that place a student in a facedown position with the student's hands restrained behind the student's back. The degree of force used for physical restraint shall only be the degree necessary to protect the student or others from risk of serious injury.
6. Physical or mechanical restraint shall not be used if there is a medical contraindication to its use identified for the student with a disability, and shall only be applied and supervised by a staff member who has been trained in the safe application and supervision of the specific means of restraint applied. Application of physical or mechanical restraint to a student with a disability shall take into consideration the IEP and any BIP established for the student.
7. Physical or mechanical restraint may be used on a student with a disability if an emergency requires the use of the restraint. As used here, emergency means circumstances in which a staff member reasonably believes that application of a restraint on the student with a disability is necessary in response to a physical risk of harm to the student with a disability or others.
8. A mechanical restraint may be used on a student with a disability if the student's treating physician has authorized the use of the mechanical restraint before the restraint is applied. A mechanical restraint shall be applied and supervised by a staff member who is trained and competent to apply and supervise the specific mechanical restraint utilized. While a student with a disability is subject to a mechanical restraint, a staff member shall continuously monitor the student and the impact of the mechanical restraint on the student. If a mechanical restraint is used pursuant to this provision, the physician who authorized or approved the restraint or an attending physician must examine the student with a disability as soon as practicable following application of the restraint. A student with a disability who has been mechanically restrained must be given the opportunity to move and exercise the body parts that are restrained at least ten (10) minutes every sixty (60) minutes of restraint unless ordered otherwise by the physician who authorized or approved the mechanical restraint. If a mechanical restraint is used pursuant to this provision, a staff member shall loosen or discontinue the restraint every fifteen (15) minutes to determine if the restraint is still necessary and its implementation is not endangering the health of the student with a disability. A mechanical restraint shall be stopped immediately if a staff member determines that the student with a disability will stop or control his/her inappropriate behavior without the use of the restraint, the restraint restricts the student's respiration or blood flow, or the degree of the student's resistance to the mechanical restraint is likely to result in serious bodily injury to the student.
9. A mechanical restraint shall only be used as necessary to contain the behavior of the student with a disability until the student with a disability is no longer an immediate threat of causing physical injury to himself/herself or others or causing severe property damage. The use of force in the application of the restraint shall not exceed the force that is reasonably necessary in the circumstances justifying the use of the restraint.
10. A student with a disability shall be released from physical or mechanical restraint immediately upon a determination by the supervising staff member administering or overseeing the use of restraint that the circumstances permitting the use of restraint in this policy no longer exist.
11. Mechanical restraint may only be used on a student with disabilities in circumstances other than the conditions described above if the mechanical restraint is used to address the medical needs of the student, protect a student who is known to be at risk of injury to himself/herself because of a lack of coordination or frequent loss of consciousness, provide proper body alignment to a student, or position a student who has physical disabilities in a manner prescribed in the student's IEP.
12. In determining whether a student with a disability who is being physically or mechanically restrained should be moved from the area where the need was first noted or the restraint was first applied, the supervising staff member shall consider the potential for injury to the student with a disability, the educational and emotional well- being of the restrained student and other students with disabilities who would observe the application of the restraint, and any requirements of a BIP or IEP established for a student with a disability.
13. If physical or mechanical restraint is utilized in compliance with this policy on a student with a disability whose primary mode of communication is sign language, the student with a disability shall be permitted to have his/her hands free of restraint for brief periods unless the supervising staff member determines that such freedom is likely to result in harm to the student or others.
14. The Superintendent shall promulgate procedures on the use of positive behavior interventions and supports.
Crisis Intervention Plan
1. Upon the second time a student is restrained during a semester, the school shall develop a Crisis Intervention Plan (CIP) for the student. The CIP shall be developed by a team comprised of the student's parent/legal guardian, school personnel, and applicable physical and behavioral health professionals and must include:
  1. specific positive behavior interventions and supports to use in response to dangerous behaviors that create a threat of imminent risk of serious injury;
  2. known physical and behavioral health concerns that will limit the use of restraint for the student; and, a timetable for the review and, if necessary, revision of the crisis intervention plan.
2. The school must provide a copy of the CIP to the student's parent/legal guardian
3. For the purposes of this policy the Safeguard/Re-Entry plan will be used unless otherwise designated by the State.
Mandatory Training for Staff
1. No employee of the Board, or person in a school facility shall be permitted to use physical restraint until the person has received sufficient training in the use of the strategy or procedure to allow the person to utilize the measure safely and in compliance with any IEP or BIP established for a student with a disability.
2. Only authorized personnel may use restraint. Personnel authorized to use restraint include, but are not limited to, ESE teachers, behavior assistants, and school administrators who have been trained on the use of restraint.
3. The Superintendent shall require that staff members responsible for implementing this policy receive training that includes:
  1. the use of positive behavior interventions and supports;
  2. risk assessment procedures to identify when restraint may be used;
  3. examples of when positive behavior interventions and support techniques have failed to reduce the imminent risk of serious injury;
  4. examples of safe and appropriate restraint techniques and how to use these techniques with multiple staff members working as a team;
  5. instruction in the District's documentation and reporting requirements;
  6. procedures to identify and deal with possible medical emergencies arising during the use of restraint; and
  7. cardiopulmonary resuscitation.
4. The District shall publish the procedures for the training required under this subsection in the District's special policies and procedures manual.
5. The Superintendent shall also require that appropriate training is provided for the immediate supervisors of District employees who are authorized to supervise the use of restraints to provide that those measures are only implemented as permitted in this policy.
Documentation and Reporting
1. Schools are required to notify the parent/legal guardian each time manual or physical restraint is used with a student with a disability. Parent/legal guardian notification is provided in a letter to the parent/legal guardian on the same day that the restraint was used and within three (3) school days of the incident by providing a copy of the incident report to the parent/legal guardian.
2. Notification to the parent/legal guardian by letter must be provided by the end of the school day on which the restraint occurred. In accordance with standards developed by FLDOE, the notice must include the type of restraint used and any injuries occurring during or resulting from the restraint. A written notification letter is provided to parent/legal guardians each time restraint is used. The school principal, or designee, is responsible for preparing the written notification letter to the parent/legal guardian. The principal, or designee, will contact the parent/legal guardian by phone, e-mail or in person on the day of the incident. The written notification will also be sent home with the student or handed to the parent/legal guardian on the date of the incident if parent/legal guardian comes to school.
3. The school will obtain, and keep in its records, the parent/legal guardian's or guardian's signed acknowledgement that s/he was notified of the student's restraint by letter. In accordance with standards developed by FLDOE, the district must make a minimum of two (2) additional attempts to obtain written parent/legal guardian acknowledgement of receipt of the notification letter when the parent/legal guardian fails to respond to the initial notice. The attempts to obtain the signed written notification will be documented by the school. The school principal is responsible for the management and maintenance of restraint records.
4. The school will complete and submit an incident report on the FLDOE website within twenty-four (24) hours after a student is released from restraint. If the student's release occurs on a day before the school closes for the weekend, a holiday, or another reason, the incident report will be submitted by the end of the school day on the day the school reopens. A copy of the incident report is printed and filed in the school file. A copy is also sent to the parent/legal guardian within three school days of the incident.
5. The school will obtain, and keep in its records, the parent/legal guardian’s, or guardian's signed acknowledgement that he or she received a copy of the incident report. In accordance with standards developed by FLDOE, the district must make a minimum of two additional attempts to obtain written parent/legal guardian acknowledgement of receipt of the incident report when the parent/legal guardian fails to respond to the initial report.
6. The following must be included in the incident report:
  1. the name of the student with a disability who was restrained
  2. the age, grade, ethnicity, and disability of the student restrained
  3. the date and time of the event and the duration of the restraint
  4. the location at which the restraint occurred;
  5. a description of the type of restraint used in terms established by the Department of Education;
  6. the name of the person(s) using or assisting in the restraint of the student with a disability; and the date the person was last trained in the use of positive behavior intervention and supports;
  7. the name of any nonstudent who was present to witness the restraint
  8. a description of the incident, including:
    1. The context in which the restraint occurred;
    2. The behavior of the student with disabilities leading up to and precipitating the decision to use manual physical restraint including an indication as to why there was an imminent risk of serious injury or death to the student or others;
    3. The positive behavioral interventions and supports used to prevent and de-escalate the behavior;
    4. What occurred with the student immediately after the termination of the restraint
    5. Any injuries, visible marks, or possible medical emergencies that may have occurred during the restraint, documented according to District policies; and
    6. Evidence of steps taken to notify the parent/legal guardian/legal guardian of the student with a disability.
    7. The date the crisis intervention plan was last reviewed and whether changes were recommended.
7. The District has procedures that govern (1) parent/legal guardian notification, (2) incident reporting, (3) reporting of district data review, (4) monitoring, (5) training programs, to include a plan for the selection of personnel to be trained, and (6) the plan for reducing the use of restraint.
Monitoring
1. The District is required to have a plan for reducing the use of restraint and seclusion, particularly in settings where it occurs frequently or with students who are restrained repeatedly, and for reducing the use of prone restraint and mechanical restraint. The plan must include a goal for reducing the use of restraint and seclusion and must include activities, skills, and resources needed to achieve that goal. Charter schools, DJJ facilities, and contracted residential facilities must be included. The plan shall identify activities, skills, and resources needed to achieve the District’s goal, including the following:
  1. additional training in positive behavioral support and crisis management;
  2. parental involvement;
  3. data review;
  4. updates on students' functional behavioral analysis and behavioral intervention plans;
  5. additional student evaluations;
  6. debriefing with staff;
  7. use of school-wide positive behavioral support; and
  8. changes to the school environment.
  9. analysis of data to determine trends.
  10. ongoing reduction of the use of restraint.
Revisions to Policies and Procedures
1. Any revisions to policies and procedures, which must be prepared as part of the school district’s special policies and procedures, must be filed with the bureau chief of the Florida Bureau of Exceptional Education and Student Services no later than ninety (90) days after the revision.
Posting of Policy
1. At the beginning of each school year, the District shall publicly post on its website its policies and procedures on positive behavior interventions and supports as adopted by the District.
Disciplinary Action for a Violation of This Policy
1. In addition to any penalty prescribed by law, the Superintendent is directed by this policy to see that a Board employee who intentionally, knowingly or recklessly violates this policy is subject to correction or disciplinary action as necessary to prevent a reoccurrence of the violation. A Board employee engages in conduct "intentionally" if, when s/he engages in the conduct, it is his/her conscious objective to do so. A Board employee engages in conduct "knowingly" if, when s/he engages in the conduct, s/he is aware of a high probability of a violation of this policy. A Board employee engages in conduct "recklessly" if s/he engages in conduct in violation of this policy in a plain, conscious, and unjustifiable disregard of harm that might result to a student with a disability and the disregard involves a substantial deviation from acceptable standards of conduct established by this policy.
2. Discipline of a staff member for violation of this policy shall take into account the degree to which the violation risked serious bodily injury to a student with a disability and the staff member's history of compliance with this policy and other Board policies.
Retaliation for Fully Implementing or Reporting Violations
1. No Board employee shall be permitted to retaliate against a person for reporting or objecting to actions that are in violation of this policy or providing information regarding a violation of this policy.

Revised 12/13/11
Revised 7/22/14
Revised 5/11/22
Reviewed 4/25/23