5630.01 - USE OF SECLUSION AND PHYSICAL RESTRAINT WITH STUDENTS
It is the policy of the Board to permit the use of seclusion and physical restraint only when a student’s behavior presents a clear, present, and imminent risk to the physical safety of the student or others, it is the least restrictive intervention feasible, and it is performed in a manner consistent with this policy and law. All students, including students with disabilities, must be treated with dignity and respect. Behavior interventions and support practices must be implemented in such a way as to protect the health and safety of the students and others.
All employees and "covered individuals" shall comply with State and Federal law regarding the use of seclusion and physical restraint.
“Incident” is defined as an occurrence of a covered individual or a law enforcement officer using seclusion or physical restraint on a student. It is considered one (1) incident if immediately following the use of seclusion or physical restraint on a student, the student’s behavior presents a clear, present, and imminent risk to the physical safety of the student or others and a covered individual or law enforcement officer resumes the use of seclusion or physical restraint.
Seclusion is defined in the law as the involuntary confinement of a student, apart from other students, in a room or area from which the student is physically prevented from leaving.
Individuals covered by the law include employees of a public or charter school and student teachers. The law specifically includes individuals contracted with the school to provide services, such as CESA employees and student teachers.
The "covered individuals" (school employees and contracted individuals who provide services for a public or charter school) may use seclusion with a student only if all of the following apply:
The student's behavior presents a clear, present, and immediate risk to the physical safety of the student or others and it is the least restrictive intervention feasible.
The duration of the seclusion is only as long as necessary to resolve the clear, present, and imminent risk to the physical safety of the student or others.
None of the following maneuvers or techniques are used:
those that do not give adequate attention and care to protecting the student's head
those that cause chest compression
those that place pressure or weight on the student's neck or throat
it does not constitute corporal punishment
those that place the student in a prone position
Mechanical or chemical restraint cannot be used on the student. The following does not constitute the use of mechanical restraint:
- the use of supportive equipment to properly align a student’s body, assist a student to maintain balance, or assist a student’s mobility under the direction and oversight of appropriate medical or therapeutic staff;
- the use of vehicle safety restraints when used as intended during the transport of a student in a moving vehicle.
Actions that are specifically excluded from the definitions of seclusion and physical restraint above include: 1) if a student is not confined to an area from which s/he is physically prevented from leaving; 2) directing a disruptive student to temporarily separate himself/herself from the general activity in the classroom to allow the student to regain control or for the teacher to maintain or regain classroom order; 3) directing a student to temporarily remain in the classroom to complete tasks; or 4) briefly touching or holding a student’s hand, arm, shoulder, or back to calm, comfort, or redirect the student.
Parental Notice and Written Report Requirements
A parent is specifically defined as parent of a pupil, including a natural parent, a guardian, or an individual acting as a parent in the absence of a parent or guardian.
Whenever a covered individual or a law enforcement officer uses seclusion or physical restraint with or on a student, the Principal shall notify the student's parent as soon as practicable but no later than one (1) business day after the incident. The notice shall advise the parent of the incident and of the availability of the written report.
The Principal shall prepare this written report, in consultation with the individuals involved, and any law enforcement officials present during the incident within two (2) business days of the incident. The written report shall include details of the student and staff involved in the incident, the description of the incident, and the actions of the student before, during, and after the incident.
The Principal shall meet with the individuals who participated in the incident to discuss the following:
- the events preceding, during, and following the use of seclusion or physical restraint;
- how to prevent the need for seclusion or physical restraint, including the factors that may have contributed to the escalation of behaviors;
- alternatives to physical restraint, including de-escalation techniques and interventions and other strategies.
The written report shall be retained as a record by the School District within three (3) business days of the incident and the report shall be sent to the student’s parent by 1st class mail, by electronic transmission, or hand-delivered to the student’s parent.
In addition, the school principals will be required to prepare and present an annual report to the Board by October 1 of the number of incidents involving seclusion or physical restraint, the total number of students involved, and the number of students with disabilities involved in such incidents.
Annually, by December 1, the Board shall submit its report to the State Superintendent.
Individual Education Program (IEP) Requirements
The law requires that for students with identified disabilities under the Individuals with Disabilities in Education Act (IDEA), the second time that seclusion or physical restraint is used on a "child with a disability" within the same school year, the student’s Individual Education Program (IEP) team must convene as soon as possible after the incident, but no later than ten (10) school days after the incident. The IEP team shall review the student’s Individualized Education Plan to ensure that it contains appropriate positive behavioral interventions and supports to address behaviors and any and all intervention and supports to assist related to that behavior that are of concern and to revise the IEP, if necessary.
Mandatory Training for Staff
Staff who engage in the lawful use of physical restraint shall obtain training as to the methods of preventing the need for physical restraint, identification of dangerous behaviors that may indicate the need for physical restraint, and the methods of evaluating risk of harm such that physical restraint is warranted, experience in administering and receiving various types of restraint, instruction on the effects of restraint, monitoring signs of distress during restraint, obtaining medical assistance, and demonstrating proficiency in administering physical restraint.
Pursuant to State law, the Superintendent shall create and maintain a record of the training received by the employees and school staff covered by the State law governing seclusion and restraint.
Limited Training Requirement Exception
Training for staff in the use of physical restraint is required unless the situation is an emergency and a trained individual is not immediately available due to the "unforeseen nature of the emergency." However, at a minimum, the school in which physical restraint is used must ensure that at least one (1) employee has been trained in its use.
Disciplinary Action for a Violation of This Policy
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 disciplinary action, up to and including dismissal. 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 and the disregard involves a substantial deviation from acceptable standards of conduct established by this policy.
Retaliation for Fully Implementing or Reporting Violations
No Board employee shall be permitted to retaliate against a person for reporting or objecting to actions in violation of this policy or providing information regarding a violation of this policy.
Revised 10/19/20
Revised 1/26/21
T.C. 10/1/21
© Neola 2021