DBS CODE: 5144.1 DBS CODE: 5144.1Students
Use of Physical Force
Physical Restraint(s)/Seclusion
The Board of Education believes that maintaining an orderly, safe environment is conducive to learning and is an appropriate expectation of all staff members within the district. To the extent that staff actions comply with all applicable statutes and Board policy governing the use of physical force, including physical restraint of students and seclusion of students, staff members will have the full support of the Board of Education in their efforts to maintain a safe environment.
The Board recognizes that there are times when it becomes necessary for staff to use reasonable restraint or place a student in seclusion as an emergency intervention to protect a student from harming himself/herself or to protect others from harm.
Definitions
Life-threatening physical restraint means any physical restraint or hold of a person that restricts the flow of air into a person's lungs, whether by chest compression or any other means, or immobilizes or reduces the free movement of a person's arms, legs or head while the person is in the prone position.
Psychopharmacologic agent means any medication that affects the central nervous system, influencing thinking, emotion or behavior.
Physical restraint means any mechanical or personal restriction that immobilizes or reduces the free movement of a person's arms, legs or head. Excluded from this definition is briefly holding a person in order to calm or comfort the person; restraint involving the minimum contact necessary to safely escort a person from one area to another; medical devices including but not limited to, supports prescribed by a health care provider to achieve proper body position or balance; the use of helmets, or other protective gear used to protect a person from injuries due to a fall, helmets, mitts and similar devices used to prevent self-injury when the device is part of a documented treatment plan or individualized education program pursuant to Connecticut's special education laws or prescribed or recommended by a medical professional and is the least restrictive means to prevent such self-injury.
School employee means a teacher, substitute teacher, school administrator, Superintendent, guidance counselor, psychologist, social worker, nurse, physician, school paraprofessional, or coach employed by the Board of Education or working in a public elementary, middle or high school; or any other individual who, in the performance of his/her duties has regular contact with students and who provides services to or on behalf of students enrolled in the district's schools, pursuant to a contract with the Board of Education.
Seclusion means the involuntary confinement of a student in a room, with or without staff supervision, in a manner that prevents the student from leaving.
Student means a child (A) enrolled in grades kindergarten to twelve, inclusive, in a public school under the jurisdiction of a local or regional Board of Education, (B) receiving special education and related services in an institution or facility operating under contract with a local or regional Board of Education, (C) enrolled in a program or school administered by a regional education service center, or (D) receiving special education and related services from an approved private special education program, but shall not include any child receiving educational services from Unified School District #2 or the Department of Mental Health and Addiction Services.
Conditions Pertaining to the Use of Physical Restraint and/or Seclusion
A. School employees shall not use a life-threatening physical restraint on a student.
B. If any instance of physical restraint or seclusion of a student exceeds fifteen minutes an administrator or his/her designee, or a school health or mental health personnel, or a board certified behavioral analyst, who has received training in the use of physical restraint and seclusion shall determine whether continued physical restraint or seclusion is necessary to prevent immediate or imminent injury to the student or to others. Upon a determination that such continued physical restraint or seclusion is necessary, such individual shall make a new determination every thirty minutes thereafter regarding whether such physical restraint or seclusion is necessary to prevent immediate or imminent injury to the student or to others.
C. No student shall be placed in seclusion unless:
a. The use of seclusion is as an emergency intervention to prevent immediate or imminent injury to the student or to others, provided the seclusion is not used for discipline or convenience and is not used as a substitute for a less restrictive alternative.
b. Such student is continually monitored by a school employee during the period of such student's seclusion. Any student voluntarily or involuntarily placed in seclusion or restrained shall be regularly evaluated by a school employee for indications of physical distress. The school employee conducting the evaluation shall enter each evaluation in the student's educational record. Monitor shall mean by direct observation or by observation using video monitoring within physical proximity sufficient to provide aid as may be required.
c. The area in which such student is secluded is equipped with a window or other fixture allowing the student a clear line of sight beyond the area of seclusion.
D. School employees may not use a psychopharmacologic agent on a student without that student's consent except (1) as an emergency intervention to prevent immediate or imminent injury to the student or to others, or (2) as an integral part of the student's established medical or behavioral support or educational plan, as developed consistent with section 17a-543 of the Connecticut General Statutes or, if no such plan has been developed, as part of a licensed practitioner's initial orders. The use of psychopharmacologic agents, alone or in combination, may be used only in doses that are therapeutically appropriate and not as a substitute for other appropriate treatment.
E. In the event that physical restraint or seclusion is used on a student four or more times within twenty school days:
a. An administrator, one or more of such student's teachers, the parent/guardian of such student and, if any, a mental health professional shall convene for the purpose of:
i. Conducting or revising a behavioral assessment of the student;
ii. Creating or revising any applicable behavioral intervention plan; and
iii. Determining whether such student may require special education.
b. If such student is a child requiring special education or is a child being evaluated for eligibility for special education and awaiting a determination, such student's planning and placement team shall convene for the purpose of (1) conducting or revising a behavioral assessment of the student, and (2) creating or revising any applicable behavioral intervention plan, including, but not limited to, such student's individualized education plan.
F. The parent/guardian of a student who is placed in physical restraint or seclusion shall be notified not later than twenty-four hours after the student is placed in physical restraint or seclusion. A reasonable effort shall be made to provide such notification immediately after such physical restraint or seclusion is initiated.
G. School employees shall not use a physical restraint on a student or place a student in seclusion unless he/she has received training on the proper means for performing such physical restraint or seclusion.
H. Beginning July 1, 2016, the Board of Education, and each institution or facility operating under contract with the Board to provide special education for children, including any approved private special education program, shall:
a. Record each instance of the use of physical restraint or seclusion on a student;
b. Specify whether the use of seclusion was in accordance with an individualized education program;
c. Specify the nature of the emergency that necessitated the use of such physical restraint or seclusion; and
d. Include such information in an annual compilation on its use of such restraint and seclusion on students.
I. The Board and institutions or facilities operating under contract with the Board to provide special education for children, including any approved private special education program
J. shall provide such annual compilation to the Department of Education in order to examine incidents of physical restraint and seclusion in schools.
K. Any use of physical restraint or seclusion on a student shall be documented in the student's educational record. The documentation shall include:
a. The nature of the emergency and what other steps, including attempts at verbal de-escalation, were taken to prevent the emergency from arising if there were indications that such an emergency was likely to arise; and
b. A detailed description of the nature of the restraint or seclusion, the duration of such restraint or seclusion and the effect of such restraint or seclusion on the student's established educational plan.
L. Any incident of the use of restraint or seclusion that results in physical injury to a student shall be reported to the State Board of Education.
Required Training and Prevention Training Plan
Training shall be provided by the Board to school professionals, paraprofessional staff members and administrators regarding physical restraint and seclusion of students. Such training shall be phased in over a period of three years beginning with the school year commencing July 1, 2015, and shall include, but not be limited to:
1. An overview of the relevant laws and regulations regarding the use of physical restraint and seclusion on students. (Such overview is to be provided by the Department of Education on or after July 1, 2015, and annually thereafter, in a manner and form as prescribed by the Commissioner of Education.)
2. The creation of a plan by which the Board will provide school professionals, paraprofessional staff members and administrators with training and professional development regarding the prevention of incidents requiring physical restraint or seclusion of students.
Such plan is to be implemented not later than July 1, 2017, and must include a provision to require the training of all school professionals, paraprofessional staff members and administrators in the prevention of such incidents not later than July 1, 2019 and periodically thereafter as prescribed by the Commissioner of Education.
3. The Board will create a plan, to be implemented not later than July 1, 2017, requiring the training of all school professionals, paraprofessional staff members and administrators by regarding the proper means of physically restraining or secluding a student, including, but not limited to:
a. Various types of physical restraint and seclusion;
b. The differences between life-threatening physical restraint and other varying levels of physical restraint;
c. The differences between permissible physical restraint and pain compliance techniques; and
d. Monitoring methods to prevent harm to a student who is physically restrained or in seclusion, including training in the proper means of physically restraining or secluding a student.
Crisis Intervention Teams
By July 1, 2015, and each school year thereafter, the Board requires each school in the District to identify a crisis intervention team. Such team shall consist of school professionals, paraprofessional staff members and administrators trained in the use of physical restraint and seclusion.
Such teams shall respond to any incident in which the use of physical restraint or seclusion may be necessary as an emergency intervention to prevent immediate or imminent injury to a student or to others.
Each member of the crisis intervention team shall be recertified in the use of physical restraint and seclusion on an annual basis.
Dissemination of Policy
This policy and its procedures shall be made available on the District's website and in the Board's procedural manual. The policy shall be updated not later than sixty (60) days after the adoption or revision of regulations promulgated by the State Board of Education.
(cf. 4148/4248 - Employee Protection)
(cf. 5141.23 - Students With Special Health Care Needs)
(cf. 5144 - Use of Physical Force)
Legal Reference: Connecticut General Statutes
10-76b State supervision of special education programs and services.
10-76d Duties and powers of boards of education to provide special education programs and services.
46a-150 Definitions. (as amended by PA 07-147)
46a-152 Physical restraint, seclusion and use of psychopharmacologic agents restricted. Monitoring and documentation required.
46a-153 Recording of use of restraint and seclusion required. Review of records by state agencies. Reviewing state agency to report serious injury or death to Office of Protection and Advocacy for Persons with Disabilities and to Office of Child Advocate. (as amended by P.A. 12-88
53a-18 Use of reasonable physical force or deadly physical force generally.
53a-19 Use of physical force in defense of person.
53a-20 Use of physical force in defense of premises.
53a-21 Use of physical force in defense of property.
PA 07-147 An Act Concerning Restraints and Seclusion in Public Schools.
State Board of Education Regulations Sections 10-76b-5 through 10-76b-11.
Adopted: January 12, 2009
Revised: June 28, 2010
November 26, 2012
December 7, 2015
ADMIN. REG: 5144.1Students
Use Of Physical Force And Seclusion: Procedures
Restraint(s)
District employees shall be informed through in-services and staff meetings of the limits of their ability to use physical force against students.
Staff using such restraints shall be subject to the following:
1. Such use of restraint shall not be used as punishment, discipline or for the convenience of staff.
2. Staff using restraint shall complete an incident report with the principal or his/her designee justifying the use of such measures. The administration shall notify the parent(s)/guardian(s) of the incident promptly.
3. Staff shall maintain continuous visual supervision on any student upon which restraint or devices have been used to ensure the student’s health and safety.
4. A student’s respiration and/or circulation shall not be restricted.
5. Staff shall not be expected to use force or restraint when the risk of harm to the student or staff member outweighs the risk of harm presented by the student’s conduct.
Procedures Concerning Restraint and Seclusion of Persons at Risk
The following sets forth the procedures concerning the physical restraint and seclusion of persons at risk, as governed by state law. Violations of these procedures by a Board of Education staff member or other individual working at the direction of, or under the supervision of, the Board of Education, may result in disciplinary action, up to and including possible termination of employment status and/or termination of contract for services.
I. Definitions:
Provider: A person who provides direct care, education or supervision of a person at risk.
Assistant Provider or Assistant: A person assigned to provide, or who may be called upon in an emergency to provide, assistance or security to a provider.
Person at Risk: A child who meets eligibility criteria for special education services under the IDEA and who is receiving special education from the Board of Education, or a child who is being evaluated for eligibility for special education pursuant to statute and awaiting determination.
Life Threatening Physical Restraint: Any physical restraint or hold of a person that restricts the air flow of air into a person’s lungs, whether by chest compression or any other means.
Physical Restraint: Any mechanical or personal restriction that immobilizes or reduces the free movement of a person’s arms, legs or head. The term does not include: (a) briefly holding a person in order to calm or comfort; (b) restraint involving the minimum contact necessary to safely escort a person from one area to another; (c) medical devices, including, but not limited to, supports prescribed by a health care provider to achieve proper body position or balance; (d) helmets or other protective gear used to protect a person from injuries due to a fall; or (e) helmets, mitts and similar devices used to prevent self injury when the device is part of an Individualized Education Program (IEP) and is the least restrictive means available to prevent such self-injury .
Seclusion: The confinement of a person in a room, whether alone or with supervision by a provider or assistant, in a manner that prevents the person from leaving that room.
II. Procedures for Physical Restraint of Persons at Risk
A. Life Threatening Physical Restraint: No provider or assistant shall under any circumstances use a life threatening physical restraint on a person at risk.
B. No provider or assistant shall use involuntary physical restraint on a person at risk EXCEPT as an emergency intervention to prevent immediate or imminent injury to the person at risk or to others.
C. Physical restraint of a person at risk shall never be used as a disciplinary measure or as a convenience.
D. Providers and assistants must explore all less restrictive alternatives prior to using physical restraint for a person at risk.
E. Providers and assistants must comply with all regulations promulgated by the Connecticut State Board of Education in their use of physical restraint with a person at risk.
F. Monitoring:
a. A provider or an assistant must continually monitor any person at risk who is physically restrained. The monitoring must be conducted by direct observation of the person at risk.
b. A provider or an assistant must regularly evaluate the person being restrained for signs of physical distress. The provider or assistant must record each evaluation in the educational record of the person being restrained.
G. Documentation and Communication:
a. A provider must notify the parent or guardian of a person at risk of each incident that the person at risk is physically restrained.
b. The Director of Pupil Services must be notified of the following:
i. Each use of physical restraint on a person at risk;
ii. The nature of the emergency that necessitated its use; and
iii. If the physical restraint resulted in physical injury to the person at risk.
c. After physical restraint occurs, the following information must be documented in the educational file of the person at risk who was physically restrained:
i. In the case of an emergency use, the nature of the emergency and what other steps, including attempts at verbal de-escalation, were taken to prevent the emergency from arising if there were indications that such an emergency was likely to arise;
ii. A detailed description of the nature of the restraint;
iii. The duration of the restraint; and
iv. The effect of the restraint on the person’s established behavioral support or educational plan.
III. Procedures for Seclusion of Persons at Risk
A. No provider or assistant shall use involuntary seclusion on a person at risk EXCEPT as follows:
a. As an emergency intervention to prevent immediate or imminent injury to the person at risk or to others, provided such seclusion is not used for discipline or convenience and is not used as a substitute for a less restrictive alternative; or
b. As specifically provided for in the IEP of the person at risk.
Before incorporating the use of seclusion into the child’s IEP, the PPT shall consider the use of less restrictive alternatives to determine whether seclusion is a necessary part of the child’s IEP.
B. Providers and assistants must comply with all regulations promulgated by the Connecticut State Board of Education in their use of seclusion for a person at risk.
C. Monitoring:
a. A provider or an assistant must continually monitor any person at risk who is placed in seclusion. The monitoring must be conducted by direct observation of the person at risk.
b. A provider or an assistant must regularly evaluate the person in seclusion for signs of physical distress. The provider or assistant must record each evaluation in the educational record of the person who is in seclusion.
D. Documentation and Communication:
a. A provider must notify the parent or guardian of a person at risk of each incident that the person at risk is placed in seclusion.
b. The Director of Pupil Services must be notified of the following:
i. Each use of seclusion on a person at risk;
ii. The nature of the emergency that necessitated its use; and
iii. If the seclusion resulted in physical injury to the person at risk.
c. After seclusion occurs, the following information must be documented in the educational file of the person at risk who was placed in seclusion:
i. In the case of an emergency use, the nature of the emergency and what other steps, including attempts at verbal de-escalation, were taken to prevent the emergency from arising if there were indications that such an emergency was likely to arise;
ii. A detailed description of the nature of the seclusion;
iii. The duration of the seclusion; and
iv. The effect of the seclusion on the person’s established behavioral support or educational plan.
IV. Responsibilities of the Director of Pupil Services
A. The Director of Pupil Services, or his/her designee, must compile annually the instances of physical restraint and seclusion within the District that shall include a record of each instance of the use of physical restraint or seclusion on a person at risk and the nature of the emergency that necessitated each instance of physical restraint and seclusion. The Director shall include such information in an annual compilation on its use of such restraint and seclusion that is provided to the State Department of Education.
B. The Director of Pupil Services, or his/her designee, may report to the Connecticut State Department of Education any instance of physical restraint or seclusion that resulted in physical injury to the person at risk. This written report must include: 1) the name of the student, 2) the nature of the emergency that necessitated the use of the restraint or seclusion, 3) a description of the restraint or seclusion, and 4) a description of the injury to the student.
C. The Director of Pupil Services, or his/her designee, must, at each initial PPT meeting for a child, inform the child’s parent, guardian, or surrogate parent, or the pupil if such pupil is an emancipated minor or eighteen years of age or older, of the laws relating to physical restraint and seclusion as expressed through this procedure, and of the laws and regulations adopted by the Connecticut State Board of Education relating to physical restraint and seclusion.
Legal References: Connecticut General Statutes:
Public Act 07-147
January 12, 2009