Policy 518: Restraint and Seclusion

It is the priority of Aberdeen School District No. 58 to promote a safe learning environment for all students and staff.  The board recognizes that there may be emergency situations where it becomes necessary for a staff member to physically restrain or place a student in seclusion when the student’s behavior poses an imminent risk of serious physical harm to self or others.  The purpose of this policy is to ensure that all students and staff are safe in school, and that any student who may have a behavior crisis is free from the inappropriate use of physical restraint or seclusion. 

The board supports school-wide programs and services that promote positive student behavior to improve overall school safety and create an environment that is conducive to learning, while also minimizing the need for the use of physical restraint and seclusion and ensuring that they are only used as a last resort in an emergency situation.  However, this policy does not prohibit law enforcement from using physical or mechanical restraints in exercising their law enforcement duties.

DEFINITIONS

“Aversive technique” means physical, emotional, or mental distress as a method of redirecting or controlling behavior. 

“Corporal Punishment” means knowingly and purposely inflicting physical pain on a pupil as a disciplinary measure.”

“Crisis intervention” means implementation of a predetermined strategy to mitigate immediate harm to students or staff in a behavioral crisis.

“De-escalate” means utilizing strategically employed verbal or non-verbal interventions to reduce the intensity of threatening behavior before a crisis situation occurs. 

“Emergency” means a situation in which a student’s conduct creates a reasonable belief in another person that the student’s conduct has placed the student or a third person in imminent danger of serious physical harm.  An emergency requires an immediate intervention.

“Functional behavioral assessment (FBA)” means the evaluation process of gathering information that can be used to hypothesize about the function of student behavior to develop a behavior intervention plan (BIP) for those students on an individualized education program (IEP).

“Imminent” means likely to happen right away or within a matter of minutes.

“Physical escort” means a temporary touching or holding of the hand, wrist, arm, shoulder, or back for the purpose of directing a student to a safe location.

“Positive behavioral interventions and supports” means application of a broad range of systematic and individualized strategies for achieving important social and learning outcomes, while preventing problem behaviors by making them irrelevant, inefficient, and ineffective.

“Restraint” means physical, mechanical, or chemical forms of restriction, which are further defined below.

  1. “Physical restraint” means a personal restriction that immobilizes or reduces the ability of a student to move his or her torso, arms, legs, or head freely.  This term does not include a physical escort as defined herein.
  2. “Mechanical restraint” means the use of any device or equipment to restrict a student’s freedom of movement.  This term does not include devices implemented by trained school personnel or utilized by a student that have been prescribed by an appropriate medical-related services professional and are used for the specific and approved purposes for which such devices were designed, such as:

    i.    Adaptive devices or mechanical supports, when 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;

    ii.   Vehicle safety restraints, when used as intended during the transport of a student in a moving vehicle;

    iii.  Restraints for medical immobilization; or

    iv.  Orthopedically prescribed devices that permit a student to participate in activities without risk of harm.
  3. “Chemical restraint” means the use of drugs or medication to control behavior.  This term does not include drugs or medication those prescribed by and administered in accordance with the directions of a qualified health professional.

“Seclusion” means the involuntary confinement of a student alone in a room or area from which the student is physically prevented from leaving.  This term does not include a timeout that is a behavior management technique that is part of an approved program, involves the monitored separation of the student in a nonlocked setting, and is implemented for the purpose of calming.

PROHIBITED PRACTICES

The following are prohibited under all circumstances, including emergency situations:

  1. Corporal punishment.
  2. Chemical restraints.
  3. Physical restraint or seclusion techniques that restrict a student’s breathing or harm the student. Specifically, the use of prone (i.e., lying face down) physical restraints should be avoided.
  4. Using physical restraint or seclusion procedures when a known psychiatric, medical or physical condition of the student would make physical restraint or seclusion dangerous for that student.  For example, seclusion is inappropriate for students who are severely self-injurious or suicidal.
  5. Any technique that is inconsistent with the student’s rights to be treated with dignity and to be free from abuse.  The use of any technique that is abusive will be reported to the appropriate authorities. 
  6. Using restraint or seclusion (1) as a form of discipline or method of classroom governance; (2) as a means of coercion, retaliation, or as a convenience; (3) as a planned behavioral intervention in response to behavior that does not pose imminent danger of serious physical harm to self or others; or (4) in a manner that endangers the student.

APPROPRIATE USE OF PHYSICAL RESTRAINT OR SECLUSION

Restraint or seclusion may only be implemented in situations where a student’s behavior poses imminent danger of serious bodily harm to self or others.  It is expected that school staff will implement positive behavioral interventions and supports, functional behavioral assessments and related behavior plans, and utilize constructive methods to de-escalate potentially dangerous situations.

Staff members are authorized to restrain a student or place a student in seclusion when an emergency, as defined above, exists; or when a student’s individualized education program (IEP) or behavioral intervention plan (BIP) describes the specific behaviors and circumstances in which restraint and seclusion may be used. 

The following guidelines apply to the use of physical restraint or seclusion:

  1. Staff members will take reasonable efforts to prevent the need for the use of physical restraint or seclusion by managing classroom behavior in accordance with district policies and procedures and implementing positive behavioral interventions and supports.
  2. Physical escort may be used to remove a student from the classroom when it has been determined that the student’s behavior is severely disrupting the learning of other students or when physical escort is identified as an appropriate intervention in the student’s IEP or BIP.
  3. Staff members may only use physical restraint or seclusion in situations where: (a) the student’s behavior poses imminent danger of serious physical harm to self or others; and (b) other interventions are ineffective.
  4. Staff members will utilize the least restrictive technique necessary to end the threat of imminent danger of serious physical harm.
  5. Staff members will carefully and continuously visually monitor the student when physical restraint or seclusion is used to ensure the appropriateness of its use and the safety of the student and others.
  6. Staff members will immediately terminate the use of physical restraint or seclusion as soon as it is determined the student is no longer in imminent danger of serious physical harm to self or others, or if the student is observed to be in severe distress.
  7. Staff members will document in writing each incident requiring physical restraint or seclusion. 
  8. School staff directly assigned to students or classrooms will receive annual training regarding positive behavior supports, de-escalation techniques, and classroom behavior management.  Additionally, all school staff directly serving students or classrooms with students who demonstrate aggressive and dangerous behaviors will receive annual training in crisis management, de-escalation techniques, the correct use of restraints and seclusion when required, and the implementation of functional behavior assessment, behavior intervention plans, and crisis plans. Trained personnel will employ these interventions whenever possible.
  9. Staff members will review and revise behavioral strategies as appropriate to address the underlying cause of the dangerous behavior, and to prevent the repeated use of physical restraint or seclusion for managing the dangerous behavior.
  10. Parents will be notified verbally regarding physical restraint or seclusion as soon as possible and no later than 24 hours following the restraint or seclusion. (See “Notice to Parent/Guardian” section).

NOTICE TO ADMINISTRATOR

Staff members must notify the building principal (and special education director, if appropriate) immediately when a student is physically restrained or placed in seclusion.

OBSERVATION OF STUDENT

Seclusion will not be used unless a staff member can continuously monitor the student for visual or auditory signs of physiological distress and can communicate with the student.  A staff member will maintain continuous, direct visual and auditory contact with the student throughout the duration of any physical restraint or seclusion to ensure the appropriateness of its use and the safety of the student and others. 

Students will be permitted to use the restroom upon request and will be escorted to and from the restroom.  Students will also be provided water on request.

Monitoring will be conducted by a staff member who has received the required training to ensure the safety of the student and that procedures are appropriately implemented and documented. 

SECLUSION AREA

Each school building must designate a clean and safe seclusion area intended for confining a student without causing or allowing the student to harm him- or herself or others.  The seclusion area will be of reasonable size; adequately lighted, ventilated, and heated/cooled; free from any objects or potential hazards that unreasonably expose the student or others to harm; permit direct, continuous visual and auditory monitoring of the student; must not be locked or prevent the student from exiting the area should an emergency arise; and comply with state and federal fire safety requirements. 

A staff member will be required to visually inspect the seclusion area before and after each use to determine whether the area is clean and safe, and address any concerns by cleaning the area and/or reporting the concerns to maintenance staff.

TIME AND DURATION

Termination of restraint or seclusion shall immediately occur when it is determined that the student is no longer placing himself/herself, employees, or any other individual in imminent danger of serious bodily harm or when a parent or legal guardian has taken custody of the student.  Use of restraint and seclusion should not exceed thirty (30) minutes.

If an emergency seclusion lasts longer than the suggested maximum time, the following are required: additional support (e.g., change of staff, introducing a nurse or specialist, or obtaining additional expertise) and documentation to explain the extension beyond the time limit.

REINTEGRATION INTO THE CLASSROOM

Staff members may make an independent judgment about when the student is ready to rejoin classmates or other activities.  Reintegration may occur quickly, or may be very gradual, but will depend on the circumstances and the emotional state and readiness of the student to return to the normal situation.

INCIDENT REPORTING

Immediately after the student has restored emotional and behavioral control following the use of physical restraint or seclusion, a staff member not involved with the incident will visually examine the student to ascertain if any injury has been sustained during the physical restraint or seclusion.

The staff member(s) involved with the incident will complete a written incident report as soon as possible after the incident and no later thanone school dayafter the event.  The building principal or designee will place a copy of the report in the student’s education file. 

Each staff member involved in an incident will engage in a debriefing session to determine what could have been done to prevent the need for use of physical restraint or seclusion for this student specifically and for other students in similar situations.

Incident Report Requirements

The following should be included in the incident report created after each instance of physical restraint or the use of seclusion:

  1. Information about the student (i.e., name, grade, etc.).
  2. If the student has a disability (IDEA or Section 504), and the type of disability.
  3. The date and start and end times of the restraint or seclusion.
  4. The location of the incident.
  5. A description of the incident.
  6. A description of the dangerous behavior that resulted in the implementation of physical restraint or seclusion.
  7. If applicable, a note that physical restraint and/or seclusion were not employed due to a psychiatric, medical, or physical condition of the student that would make physical restraint or seclusion dangerous for that student.
  8. Possible events that triggered the dangerous behavior that led to the restraint or seclusion.
  9. Prevention, redirection, or pre-correction strategies that were used during the incident.
  10. A description of the restraint or seclusion strategies that were used during the incident and a log of the student’s behavior during physical restraint or seclusion.
  11. A description of any injuries or physical damage that occurred during the incident.
  12. How the student was monitored during and after the incident.
  13. A description of behaviors displayed demonstrating the student’s ability to return to the educational environment.
  14. The staff member(s) who participated in the implementation, monitoring, and supervision of physical restraint or seclusion and whether the person(s) had training related to restraint or seclusion.
  15. The extent to which the staff member(s) adhered to the procedural implementation guidelines.
  16. The follow-up that will occur to review or develop the student’s positive behavioral interventions and supports in order to avoid the use of restraint or seclusion in the future.
  17. The date and time the parent/guardian was notified.

NOTICE TO PARENT/GUARDIAN

The building principal or designee will verbally notify the parent/guardian of a student requiring physical restraint or seclusion as soon as possible and no later than 24 hours following the incident.  Verbal notice will include a brief summary of the incident and contact information for the staff member who will provide additional information.  The delivery of the notice will be documented by the district. 

Verbal notice will be provided via telephone.  In the event a staff member is unable to speak directly to the parent via telephone, a message will be left on the individual’s voicemail, if available.  If unable to reach the parent via telephone or leave a message on voicemail, the staff member will send an e‑mail to the parent, if the e‑mail address is known.  Alternatively, a written message may be sent home with the student. 

Parents/guardians will receive written, annual notice about the district’s policies and procedures for restraint and seclusion.  Parents/guardians will be notified within thirty (30) days of any changes to such policies and procedures.

All student handbooks in our schools will contain this statement:

As a part of the emergency procedures in place in our schools, any student who poses an imminent risk of injury to him/herself or others may be physically restrained and/or placed in seclusion by school staff in accordance with school board policies.  These could occur along with other emergency actions such as calling the police. Significant violations of the law including assaults on students and staff will be reported to the police.  The parent/guardian will be informed when any of these actions have occurred as soon as possible after any such incident.  These policies will be available with other school board policies to all parents electronically via our website or as a hard copy on request.

FREQUENT USE OF RESTRAINT OR SECLUSION

The following procedures will be followed in cases where a student is placed in physical restraint or seclusion four (4) or more times in twenty (20) school days.

In cases where a student requires, may require, or is being evaluated for special education services or a Section 504 plan, the student’s planning and placement team must meet to (1) conduct or revise a functional behavior assessment (“FBA”); and (2) create or revise an IEP or Section 504 plan, including any applicable BIP.

For all other students, a school administrator, at least one (1) of the student’s teachers, the student’s parent/guardian and, if any, a mental health professional, must meet to (1) conduct or revise an FBA; (2) create or revise any applicable BIP; and (3) determine if the student may require special education services.

CRISIS INTERVENTION TRAINING

The district will provide all staff members with basic training about conflict de-escalation procedures, the dangers of restraint and seclusion, and procedures for contacting fully trained staff when behavioral crises occur.  This training will be recurrent and will be provided to new staff during orientation.

All teachers and other personnel directly serving students or classrooms with students who demonstrate aggressive or dangerous behaviors will receive annual professional development training that includes crisis management, de-escalation techniques, the correct use of restraints and seclusion when required, and the implementation of FBAs, BIPs and crisis plans.  .  Training in crisis intervention may include, but is not limited to:

  1. Evidence-based skills training related to positive behavioral interventions and supports, safe physical escort, crisis prevention, understanding antecedents, de-escalation strategies, and conflict management.
  2. Evidence-based techniques shown to be effective in the prevention of physical restraint and seclusion, including techniques to identify events and environmental factors that may trigger emergency safety situations.
  3. Evidence-based techniques shown to be effective in keeping both school personnel and students safe when imposing physical restraint or seclusion.
  4. Techniques to identify dangerous behaviors, as well as methods for evaluating the risk of harm to determine whether the use of physical restraint or seclusion is warranted.
  5. The risk of using physical restraint or seclusion in consideration of a student’s known and unknown psychiatric, medical, and physical limitations.
  6. First aid and cardiopulmonary resuscitation (CPR).
  7. The requirements of this policy and the procedures to be followed in cases of physical restraint and seclusion.

Restraint and seclusion techniques will only be utilized by a person who has been trained in crisis intervention.  Other school personnel may employ physical restraint and seclusion procedures only in rare and clearly unavoidable emergency circumstances when fully trained school personnel are not immediately available. Untrained staff should request assistance from trained staff as soon as possible.

RISKS OF USING RESTRAINT OR SECLUSION

Staff members will understand that all physical restraints involve some risk. This may include injury, including in rare instances, death to the person being restrained and/or to staff members. Restraint related positional asphyxiation or other physical injuries can occur. For this reason, staff members will be trained in appropriate techniques that minimize the possibilities of risk.

There is also the risk of psychological impact in using restraints. An individual’s past experience with abuse or the fear involved with being restrained may cause unanticipated responses. Staff members should be aware that for some students the use of physical restraint might have the unintended consequence of acting as positive reinforcement for their behavior.

In addition, staff members should be conscious of individual perceptions, experiences, and cultural orientation and recognize that for some students any touching may be unwelcome and misinterpreted despite good intentions. In these situations, touching the student may evoke an extreme and intense response and make the use of physical restraint more dangerous for both the student and the staff member(s).

MONITORING AND REPORTING

The superintendent or designee will oversee the use of physical restraint and seclusion procedures and ensure compliance with this policy in the district.  The superintendent or designee will comply with all state and federal requirements for reporting incidents of physical restraint or seclusion.

The building principal or designee will oversee the use of physical restraint and seclusion procedures and ensure compliance with this policy within the school.

ANNUAL POLICY REVIEW

The district will annually review this policy and related procedures to determine the efficacy of the policy and procedures; whether modification of the policy or procedures is necessary; and whether selected school staff should receive additional training on positive behavior intervention and supports, or the proper use of restraint, seclusion, and other aversive techniques.  The review must include a review of the documentation and reporting of incidents involving physical restraint and seclusion. 

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LEGAL REFERENCE:

Idaho Code Sections

33-512 – Governance of Schools

33-1224 – Powers and Duties of Teachers

33-1612 – Thorough System of Public Schools

U.S. Dept. of Ed., Restraint and Seclusion: Resource Document (2012), http://www.ed.gov/policy/restraintseclusion

Dear Colleague Letter:  Restraint and Seclusion of Students with Disabilities (OCR 2016), www2.ed.gov/about/offices/list/ocr/letters/colleague-201612-504-restraint-seclusion-ps.pdf

34 C.F.R. §300.324(a)(2)

ADOPTED:   July 16, 2024

AMENDED: 

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