RESTRAINT AND SECLUSION

 

The board prohibits the use of seclusion and restraint by school personnel except as implemented consistent with this policy.† Restraint or seclusion of students will not be used solely as a disciplinary consequence or when a known medical or psychological condition makes its use inadvisable. The superintendent will ensure that district guidelines relating to restraint and seclusion are communicated to school personnel and parents/guardians at the beginning of each school year.

 

Except in the case of an emergency, only school personnel who have received systematic† training in the use of restraint and seclusion in accordance with the districtís policy will implement physical restraint or seclusion with a student.† In an emergency, a district employee may use physical restraint or seclusion as necessary to maintain order or to prevent a student from causing physical harm to self, other students, and school staff or property. School personnel will continuously monitor a student's status during any physical restraint or seclusion.† Restraint and seclusion can not restrict/refuse life functions such as breathing, eating, drinking, or toileting.

 

1.      PHYSICAL RESTRAINT

 

Physical restraint means the use of physical force to restrict the free movement of all or a part of a studentís body.

 

Physical restraint will be considered to be a reasonable use of force when used in the following circumstances:

 

  1. as reasonably needed to obtain possession of weapons or other dangerous objects on the person or within the control of a student;

 

  1. as reasonably needed to maintain order or to prevent or break up a fight;

 

  1. as reasonably needed for self-defense;

 

  1. as reasonably needed to ensure the safety of any student, employee, volunteer, or other person present;

 

  1. as reasonably needed to teach a skill, to calm or comfort a student, or to prevent self-injurious behavior;

 

  1. as reasonably needed to escort a student safely from one area to another;

 

  1. if used as provided for in an IEP, Section 504, or behavior intervention plan; or

 

  1. as reasonably needed to prevent imminent destruction to school or another personís property.

 

2.      MECHANICAL RESTRAINT

 

Mechanical restraint means the use of any device or material attached or adjacent to a studentís body that restricts freedom of movement or normal access to any portion of the studentís body and that the student cannot easily remove.† Mechanical restraint includes the tying down, taping, or strapping down of a student.

 

Mechanical restraint of a student by school personnel is permissible only in the following circumstances:

 

  1. when properly used as an assistive technology device included in the studentís IEP, Section 504, or behavior intervention plan or as otherwise prescribed by a medical or related service provider;

 

  1. when using seat belts or other safety restraints to secure a student during transportation;

 

  1. as reasonably needed to obtain possession of weapons or other dangerous objects on the person or within the control of a student;

 

  1. as reasonably needed for self-defense;

 

  1. as reasonably needed to ensure the safety of any student, employee, volunteer, or other person.

 

  1. The use of adhesive tape will not be permitted as a means of mechanical restraint

 

3.      SECLUSION

 

Seclusion means the confinement of a student alone in an enclosed space from which the student is (a) physically prevented from leaving or (b) incapable of leaving due to physical or intellectual capacity.† Seclusion is different than in-school suspension in which other students or adults may be present but in which students are not physically prevented from leaving.

 

Seclusion of a student by school personnel may be used in the following circumstances:

 

  1. as reasonably needed to respond to a person in control of a weapon or other dangerous object;

 

  1. as reasonably needed to maintain order or prevent or break up a fight;

 

  1. as reasonably needed for self-defense;

 

  1. as reasonably needed when a studentís behavior poses a threat of imminent physical harm to self or others or imminent substantial destruction of school or another personís property; or†

 

  1. when used as specified in the studentís IEP, Section 504, or behavior intervention plan; and

 

1)      the student is constantly monitored by an adult in close proximity who is able to see and hear the student at all times;

 

2)      the student is released from seclusion upon cessation of the behaviors that led to the seclusion or as otherwise specified in the studentís IEP, Section 504, or behavior intervention plan;

 

3)      the confining space has been approved for such use by the local education agency;

 

4)      the space is appropriately lighted, ventilated, and heated or cooled; and

 

5)      the space is free from objects that unreasonably expose the student or others to harm.

 

4.      ISOLATION

 

Isolation means a behavior management technique in which a student is placed alone in an enclosed space from which the student is not prevented from leaving.† Isolation is different than seclusion.

 

Isolation is permitted as a behavior management technique provided that:

 

  1. the isolation space is appropriately lighted, ventilated and heated or cooled;

 

  1. the duration of the isolation is reasonable in light of the purpose for the isolation;

 

  1. the student is reasonably monitored; and

 

  1. the isolation space is free from objects that unreasonably expose the student or others to harm.

 

5.      TIME-OUT

 

Time-out means a behavior management technique in which a student is separated from other students for a limited period of time in a monitored setting.† Teachers are authorized to use time-out to regulate behavior within their classrooms.

 

 

 

6.      NOTICE, REPORTING AND DOCUMENTATION

 

  1. A district Restraint or Seclusion Report must be completed for each incident of restraint or seclusion other than normal use of mechanical restraint for transportation safety.† Each record shall include:

        Name of the student

        Name of the staff member(s) administering the physical restraint or seclusion;

        Date of the incident and the time the restraint or seclusion began and ended;

        Location of the restraint or seclusion;

        A description of the restraint or seclusion;

        A description of the student's activity immediately preceding the behavior that prompted the use of restraint or seclusion;

        A description of the behavior that prompted the use of restraint or seclusion;

        Efforts to de-escalate the situation and alternatives to restraint or seclusion that were attempted; and

        Information documenting parent contact and notification

 

  1. Notice to Administrators

 

The principal or designee shall be notified of the incident as soon as possible, but no later than the end of the same school day.

 

  1. Notice to Parents

 

When a principal or designee has personal or actual knowledge of any of the events listed above, he or she shall promptly notify the studentís parent or guardian and shall provide the name of the school employee whom the parent or guardian may confer, with supervisor present, regarding the incident.

 

  1. Written Report to Parents

 

Within a reasonable period of time not to exceed 30 days after the incident, the principal or designee shall also provide the parent or guardian with a written incident report.† This report must include the following:

 

1)      the date, time of day, location, duration, and description of the incident and interventions;

 

2)      the events or events that led up to the incident;

 

3)      the nature and extent of any injury to the student; and

 

4)      the name of a school employee the parent or guardian can contact regarding the incident.

 

Cross Reference: †††††††††††††††††††† 403.03 Abuse of Students by School District Employees†

504 †††† Student Rights and Responsibilities†

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Policy†††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† COLUMBUS PUBLIC SCHOOLS

Adopted:† ††††03/08/10† ††††††††††††††††††††††††††††††††††††††††††††††† Columbus, NE

††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††† Reviewed:† †††03/08/10††