5142.1
Policy
Students
Safety
Use of Restraints and Seclusion
This policy
sets forth the requirements, restrictions and procedures related to the use of physical
restraints and seclusions at Ashland-Greenwood Public Schools.
1.
Definitions
A.
Physical Restraint. Physical restraint means one or more persons using a physical hold to
restrict a student’s freedom of movement as a response to student
behavior. A light touching of a student
while conducting a physical escort or a touching to provide instructional
assistance is not a physical restraint for purposes of this Guidance.
B.
Seclusion. Seclusion is the involuntary confinement of a
student alone in a room or area from which the student is physically prevented
from leaving as a response to student behavior.
Seclusion
is distinguishable from an in-school suspension, in which other students or
adults may be present. While students
are required to remain in the in-school suspension area, the students are not
physically prevented from leaving.
2.
Physical Restraint
A.
When Physical Restraint May be Used. Physical restraint may be used in the following
circumstances:
·
To
prevent a student from completing an act that would result in injury to the
student or others when there is a substantial risk that the student would
commit the act.
-
A
verbal threat by a student does not present a substantial risk that a student
would commit an aggressive act unless the student also demonstrates the ability
and intent to carry out the threat.
-
Destruction
of or damage to property does not present a substantial risk of personal injury
unless personal injury would be caused as a result of the destructive act (for
example, throwing sharp or heavy objects when others are present, or the person
whose property is about to be destroyed is likely to react physically if the
person’s property were destroyed). (Note:
If a student is about to destroy or damage property, the act of grasping the
student’s arm or leg solely to prevent the striking, throwing or kicking of the
item is not prohibited).
·
To
move a student to a seclusion room, or to remove a student to another location because
the student is creating a substantial disruption to others, in circumstances
where the student is unable to be moved or removed without the use of physical
restraint; and
·
In
circumstances where the student’s IEP or a Behavioral Plan provides for the use
of physical restraint in circumstances other than the foregoing. If it is
anticipated that physical restraint may need to be used with a special
education student, the IEP team is to discuss and include use of physical
restraint in the student’s IEP if the IEP team determines use of physical
restraint to be appropriate. (Note: IEPs
or Behavioral Plans should not provide for such physical restraint except in
those circumstances where the professional staff determines that non-aversive
or positive intervention strategies would not be effective).
Physical restraint may
not be used:
·
When
a known medical or psychological condition contraindicates its use.
·
As
a form of punishment.
B.
Conditions. Use of physical restraint shall take into
consideration the safety and security of the student.
In determining whether
a student who is being physically restrained should be removed from the area
where such restraint was initiated, the staff shall consider the potential for
injury to the student, the student’s privacy interests, and the educational and
emotional well-being of other students in the vicinity.
If physical restraint
is imposed upon a student whose primary mode of communication is sign language
or an augmentative mode, the student shall be permitted to have his or her
hands free of restraint for brief periods, unless staff determines that such
freedom appears likely to result in harm to the student or others.
C.
Timeline. Physical restraint is to be used only as long
as necessary to resolve the reason for which it was initiated.
D.
Training.
Physical restraint shall be applied only by individuals who have received
systematic training that includes all the elements described below. An
individual who applies physical restraint shall use only techniques in which he
or she has received such training within the preceding two (2) years.
Training with respect
to physical restraint may be provided either by the
·
Appropriate
procedures for preventing the need for physical restraint, including the
de-escalation of problematic behavior, relationship-building, and the use of
alternatives to restraint;
·
A
description and identification of dangerous behaviors on the part of students
that may indicate the need for physical restraint and methods for evaluating
the risk of harm in individual situations in order to determine whether the use
of restraint is warranted;
·
The
simulated experience of administering and receiving a variety of physical
restraint techniques, ranging from minimal physical involvement to very
controlling interventions;
·
Instruction
regarding the effects of physical restraint on the person restrained, including
instruction on monitoring physical signs of distress and obtaining medical
assistance;
·
Instruction
regarding documentation and reporting requirements and investigation of
injuries and complaints; and
·
Demonstration
by participants of proficiency in administering physical restraint.
An
individual may provide training to others in a particular method of physical
restraint only if he or she has completed training in that technique that meets
the foregoing requirements within the preceding one-year period.
3.
Seclusion
A.
When Seclusion May be Used. Seclusion may be used in the following circumstances:
·
When
a student’s behavior is so out of control that the student’s behavior creates a
risk of injury to the student or others;
·
When
a student’s behavior is so out of control that the student is causing a
substantial disruption to school activities and there is no other technique and
no other place the student may be moved to prevent continued disruption;
·
When
a student’s behavior is so out of control that the student is unable to engage
in educational activities and there is no other technique that could reasonably
be employed to allow the student’s emotions to cool down and engage in
appropriate behaviors and educational activities; and
·
The
student has an IEP or a Behavioral Plan which provides for the use of seclusion
in circumstances other than the foregoing. If it is anticipated that seclusion
may need to be used with a special education student, the IEP team is to
discuss and include use of seclusion in the student’s IEP if the IEP team
determines use of seclusion to be appropriate.
(Note: IEPs or Behavioral Plans should not provide for use of seclusion
except in those circumstances where the professional staff determines that
non-aversive or positive intervention strategies would not be effective).
Seclusion may not be used:
·
When
a known medical or psychological condition contraindicates its use.
·
As
a form of punishment.
B.
Conditions. Use of seclusion shall take into
consideration the safety and security of the student.
Enclosures used for seclusion,
other than enclosures used on a temporary basis, shall:
·
Have
the same ceiling height as the surrounding room or rooms and be large enough to
accommodate not only the student being isolated but also any other individual
who is required to accompany that student.
·
Be
constructed of materials that cannot be used by students to harm themselves or
others, be free of electrical outlets, exposed wiring, and other objects that
could be used by students to harm themselves or others, and be designed so that
students cannot climb up the walls (including walls far enough apart so as not
to offer the student being isolated sufficient leverage for climbing).
·
If
an enclosure used for isolated time out is fitted with a door, the door shall
either be a steel door or a wooden door of solid-core construction. If the door
includes a viewing panel, the panel shall be unbreakable.
·
Be
designed to permit visual monitoring of and communication with the student
sufficient to ensure the student’s safety and security. For students who do not communicate verbally,
arrangements shall be made to permit the student to periodically communicate
the student’s needs.
·
If
a locking mechanism is used on the enclosure, the mechanism shall be
constructed so that it will engage only when a key, handle, knob, or other
similar device is being held in position by a person, unless the mechanism is
an electrically or electronically controlled one that is automatically released
when the building’s fire alarm system is triggered. Upon release of the locking
mechanism by the supervising adult, the door must be able to be opened readily.
The procedures for use
of seclusion include:
·
An
adult who is responsible for supervising the student shall remain within close
proximity of the enclosure.
·
The
adult responsible for supervising the student must periodically check on the
student visually if possible.
C.
Timeline. A student shall not be kept in seclusion for
more than 20 minutes after the student ceases presenting the specific behavior
for which isolated time out was imposed or any other behavior for which isolated
time out would be an appropriate intervention.
D.
Training. Orientation will be provided to staff
members who are anticipated to be involved in the use of seclusion. The
orientation shall cover the procedures contained in this Guidance.
4.
Documentation and Evaluation
A.
Documentation of Use of Physical Restraint or Seclusion.
A written record of each use of seclusion or physical restraint shall be prepared and maintained in the student’s temporary record. The student’s
case manager, if any, shall also maintain a copy of each such record. Each such
record shall include:
·
The student’s name;
·
The date of the incident;
·
The beginning and ending times of the incident;
·
A description of any relevant events leading up to the incident;
·
A description of any interventions used prior to the
implementation of physical restraint or seclusion;
·
A description of the incident and/or student behavior that resulted
in implementation of physical restraint or seclusion;
·
A log of the student’s behavior during physical restraint or
seclusion, including a description of the restraint technique(s) used and any
other interaction between the student and staff;
·
A description of any injuries (whether to students, staff, or
others) or property damage;
·
A description of any planned approach to dealing with the
student’s behavior in the future;
·
A list of the school personnel who participated in the
implementation, monitoring, and supervision of physical restraint or seclusion;
·
The date on which the parent or guardian was notified.
The record shall be completed by the
beginning of the school day following the use of seclusion or physical restraint.
B.
Notification of Administration. The Superintendent or Superintendent’s
designee shall be notified of the incident as soon as possible, but no
later than the end of the school day on which it occurred.
C.
Notification of Parent or Guardian. Within 24
hours after use of seclusion or physical restraint, the Superintendent or Superintendent’s designee shall send written
notice of the incident to the student’s parents or guardians, unless the parent
or guardian has provided the District a written waiver of this requirement for
notification. The notice shall inform
the parent or guardian of the date of the incident, a description of the
intervention (physical restraint or seclusion) used, and who at the school may
be contacted for further information.
D.
Evaluation.
An evaluation shall be conducted whenever a physical restraint exceeds 15
minutes or results in physical injury, whenever a seclusion exceeds 30 minutes,
or use of physical restraint or seclusion is repeated with an individual
student during any three-hour period:
·
A
certified staff person trained in the use of physical restraint, or knowledgeable
about the use of seclusion, as applicable, shall evaluate the situation.
·
The
evaluation shall consider the appropriateness of continuing the procedure in
use, including the student’s potential need for medication, nourishment, or use
of a restroom, and the need for alternate strategies (e.g., assessment by a
mental health crisis team, assistance from police, or transportation by
ambulance).
·
The
results of the evaluation shall be committed to writing and copies of this
documentation shall be placed into the student’s temporary student record and
provided to the Superintendent or Superintendent’s designee.
Date of Adoption: January 18, 2010