JP - Seclusion and Restraint

1. PURPOSE AND PHILOSOPHY 

Nebo School District recognizes that every student should have the opportunity to learn in an environment that is safe, conducive to the learning process, and free from unnecessary disruption. At times, student behavior may present an immediate danger requiring emergency safety interventions. Behavioral interventions for students should promote and facilitate their safety and dignity. This policy outlines restrictions on, and allowable uses of, emergency safety interventions for all students.

2. DEFINITIONS

"Discipline" is defined in Utah Admin. Code R277-609-2 and refers to the rules and evidence-based strategies applied in school to manage student behavior.

“Chemical restraint” is defined in Utah Admin. Code R277-608-2 and means the use of medication administered to a student, including medications prescribed by the student's physician or other qualified health professional, on an as-needed basis for the sole purpose of involuntarily limiting the student's freedom of movement. Chemical restraints are prohibited.

"Comprehensive Emergency Safety Intervention Training" is defined in Utah Admin. Code R277-608-2 and means a training required for key identified school employees that has the components described in section 3. 

"Corporal punishment" is defined in Utah Code Ann. § 53G-8-301 and means the intentional infliction of physical pain upon the body of a student as a disciplinary measure. Corporal punishment is prohibited. 

"Disengagement strategies" is defined in Utah Admin. Code R277-608-2 and means strategies for safely and effectively releasing or separating oneself or others from a situation, person, or engagement to protect oneself or others.

"Emergency safety intervention" is defined in Utah Code Ann. § 53G-8-301 and means the use of seclusion or physical restraint when a student presents an immediate danger to self or others. An emergency safety intervention may not be used for disciplinary purposes..

"Immediate danger" is defined in Utah Admin. Code R277-608-2 and means the imminent risk of physical violence toward self or others, or other physical behaviors which are likely to cause imminent risk of substantial or serious bodily injury.

“Mechanical restraint” is defined in Utah Admin. Code R277-608-2 and means the use of any device or equipment as a means of restricting a student’s freedom of movement. Mechanical restraints are prohibited except for protective and stabilizing restraints as prescribed by an appropriate medical or related services professional, restraints required by law, including seatbelts or any other safety equipment when used to secure students during transportation, and any device used by a law enforcement officer in carrying out law enforcement duties. 

“Parent” is defined in the Family Educational Rights and Privacy Act, 34 CFR 99.3 (FERPA), and means a parent of a student, including a natural parent, a guardian, or an individual acting as a parent in the absence of a parent or a guardian. 

“Physical escort” is defined in Utah Code Ann. § 53G-8-301 and means a temporary touching or holding of the hand, wrist, arm, shoulder, or back for the purpose of guiding a student to another location. 

"Physical restraint" is defined in Utah Code Ann. § 53G-8-301 and means a personal restriction that immobilizes or significantly reduces the ability of a student to move the student’s arms, legs, body, or head freely. 

"School" is defined in Utah Code Ann. § 53G-8-301 and means any school or program within the District.

"School employee" is defined in Utah Admin. Code R277-608-2 and means:

A school teacher;

A school staff member;

A school administrator; or

Any other person employed, directly or indirectly, by Nebo School District, except that a school employee does not mean a law enforcement officer.

"Seclusion" is defined in Utah Code Ann. § 53G-8-301 and means seclusionary time out that is the involuntary confinement of a student alone in a room or area from which the student is physically prevented from leaving, including (1) placing a student in a locked room; or (2) placing a student in a room where the door is blocked by furniture or held closed by staff. Seclusion is not timeout as that term is defined in this policy.

“Low reinforcement area” means a behavior management technique that may be part of an approved treatment plan involving the separation of the student from the group, in a non-locked setting, for the purpose of calming. A low reinforcement area is not seclusion as long as it does not meet the definition of seclusion. 

3. IMMEDIATE DANGER

Emergency safety interventions, as defined above, may be used only when a student presents an immediate danger of serious physical harm to self or others. As defined above, the term “immediate danger” means the imminent risk of physical violence toward self or others. It includes imminent risk of substantial or serious bodily injury. 

Serious bodily injury is defined in Utah Code Ann. § 76-1-101.5 and means bodily injury that creates or causes serious permanent disfigurement, protracted loss or impairment of the function of any bodily member or organ, or creates a substantial risk of death. 

Substantial bodily injury is defined in Utah Code Ann. § 76-1-101.5 and means bodily injury, not amounting to serious bodily injury, that creates or causes protracted physical pain, temporary disfigurement, or temporary loss or impairment of the function of any bodily member or organ. 

Neither physical restraint nor seclusion may be used as a means of discipline or punishment.

An ESI may not be used in place of appropriate less restrictive interventions. Before using an ESI, an employee shall first use the least restrictive intervention available to the employee, including a physical escort. 

No student may be subjected to corporal punishment. Any employee who inflicts or causes the infliction of corporal punishment upon a student will be subject to disciplinary action, up to and including termination, in accordance with Nebo School District Policy GCPD, Employee Conduct and Discipline. 

4. TRAINING

Foundational Support Training

All school employees who supervise students, or who may be asked to assist in managing a student's behavior, shall receive foundational behavior support training, which shall include:

behavioral or emotional crisis management including de-escalation strategies consistent with the (LRBI) manual incorporated by reference into Utah Admin Code R277-609-7; and

District policies related to ESI.

The foundational behavior support training must be completed within two months or 30 days if working directly with a student with disabilities, of employment and bi-annually, thereafter.

Comprehensive ESI Training

Key identified school employees shall receive comprehensive ESI training that is research- and evidence-based in addition to the foundational behavior support training.

Key identified school employees include the following:

Behavior specialists;

Special Education Intervention Technicians on Lane 4;

Regular Education Intervention Technicians;

Special Education Severe Behavior Technicians;

Special Education Essential Elements/ESC Technicians;

Special Education Intensive Behavior Classroom Technicians on Lane 3;

School Psychologists;

School Psychologist Interns.

The Comprehensive ESI training shall include:

disengagement strategies; 

the appropriate, safe, and effective use of ESI; and 

documentation of ESI.

The comprehensive ESI training shall be completed before a school employee may use an ESI with a student and annually, thereafter.

5. PROHIBITED PRACTICES

The following practices are prohibited:

Physical restraint, except as allowed under section 3 of this policy;

Prone, or face-down, physical restraint; 

Supine, or face-up, physical restraint;

Physical restraint that obstructs the airway of a student or adversely affects a student's primary mode of communication;

Mechanical restraint, except that the following protective and stabilizing restraints are permitted:

Restraints prescribed by an appropriate medical or related services professional; 

Restraints required by law, including seatbelts, car seats, or any other safety equipment when used to secure students during transportation, including bus harnesses. Use of a bus harness should be approved by the Director of Special Education and written into a student’s Behavior Intervention Plan (BIP).

Restraints used by a law enforcement officer in carrying out law enforcement duties.

Chemical restraint, 

Seclusion, except as allowed under section 3 of this policy when a student presents an immediate danger of serious physical harm to self or others.

For a student with a disability, emergency safety interventions written into a student's Individualized Education Program (IEP), as a planned intervention, unless the following conditions are met:

school personnel, the family, and the IEP team agree less restrictive means which meet circumstances described in Utah Admin. Code R277-608 have been attempted, 

a Functional Behavior Assessment (FBA) has been conducted, and 

a Behavior Intervention Plan (BIP) based on data analysis has been written into the plan and implemented. Use of ESI as a planned intervention under this paragraph requires approval from the Director of Special Education after consultation with a District-level behavior specialist. 

Corporal punishment. 

Other dangerous practices, including dangerous practices outlined in the Least Restrictive Behavioral Interventions (LRBI) Technical Assistance Manual incorporated by reference in Utah Admin. Code R277-609-7.

6. USE OF SECLUSION

Only key identified school employees, as described in subsection 4.2, may use seclusion.

Seclusion may only be used when a student presents an immediate danger to self or others and when no other safe or effective intervention is available.

Only a student in grade 1 or higher may be placed in seclusion. 

Before an employee uses seclusion, the employee must have used other less restrictive interventions. 

In addition to other restrictions outlined in this policy, a student may be placed in seclusion only under the following circumstances: 

when the student poses an immediate and significant threat to the student or others; 

when less restrictive interventions have failed; 

when no other safe or effective intervention is available;

when a staff member who is familiar to the student is actively supervising the student for the duration of the seclusion; and 

when the seclusion is time-limited to a maximum time of 30 minutes and monitored.  

A school employee may not use seclusion:

as a behavioral intervention; 

as a disciplinary practice; 

for coercion, retaliation, or humiliation; 

due to inadequate staffing; or

for the employee's convenience. 

An employee who uses seclusion shall:

immediately and continuously review the decision to use seclusion;

use the minimum time necessary to ensure safety, as reasonably understood by the employee, and never more than 30 minutes;  

immediately release the student from seclusion when the student can safely interact with staff and other students, is no longer an immediate danger, or is in severe distress;

ensure that any door remains unlocked consistent with the fire and public safety requirements described in Utah Admin Code R392-200 and R710-4; and

ensure that the student is observed at all times by personnel who have received the comprehensive ESI training.

If a school employee places a student in seclusion, the school or the school employee shall provide notice and documentation as follows: 

Notice of the seclusion shall be provided immediately, if possible, and within 15 minutes after use, to:

the student’s parent; and

school administration. 

The notice described in subsection 6.8.1. shall be documented in the student’s records within the Student Information System (SIS). 

The school or the school employee shall provide documentation of the seclusion to the District ESI committee. Documentation must include the reason for its use, duration, any alternative strategies attempted, and whether a designated seclusion room was used, as described in subsection 6.9.

Within 48 hours of the seclusion, the school shall notify the parent that the parent may request a copy of notes and documentation taken during the seclusion. If the parent requests notes and documentation, the school shall provide them, including a description of the physical space in which the seclusion occurred. 

Following the use of seclusion, the school shall ensure that all witnesses, staff members involved, the student who was secluded, and the student’s parent are debriefed on the use of seclusion. A parent may request a time to meet with school staff and administration to discuss the use of an ESI.

Designation of a seclusion room requires approval by the Superintendent and must meet the standards described in Utah Code Ann. § 53G-8-301. 

7. USE OF PHYSICAL RESTRAINT

The limitations and prohibitions outlined in sections 3 and 5 of this policy apply to any use of physical restraint. 

Only key identified school employees, as defined in subsection 4.2, may use physical restraint. 

In addition to other restrictions outlined in this policy, a student may be physically restrained only when the student presents an immediate danger to self or others and when no other safe or effective intervention is available. 

In accordance with Utah Code Ann. § 53G-8-301, and in addition to the limitations of subsection 3.1, of this policy, an employee may use physical restraint only in the following circumstances: 

In self-defense; 

To obtain possession of a weapon or other dangerous object in the possession or under the control of a student; 

To protect a student or another individual from physical injury; 

To remove from a situation a student who is violent; or

To protect property from being damaged when physical safety is at risk. 

An employee may not use physical restraint as a means of discipline or punishment. 

A physical restraint must be immediately terminated when

The student is no longer an immediate danger to self or others; or

The student is in severe distress. 

The use of physical restraint shall be for the minimum time necessary to ensure safety, as reasonably understood by the school employee, and release criteria must be implemented. An employee may not use physical restraint on a student for more than the shortest of the following before stopping, releasing, and reassessing the intervention used: 

The amount of time described in the LEA’s ESI training program; 

30 minutes; or

When law enforcement intervenes. 

If a school employee physically restrains a student, the school or the school employee shall provide the following notice and documentation: 

Notice of the physical restraint shall be provided immediately, if possible, and within 15 minutes after use, to:

The student’s parent; and

School administration. 

The notice described in subsection 7.8.1. shall be documented in the student’s records within the Student Information System (SIS). 

The school or the school employee shall provide documentation of the physical restraint to the District ESI committee 

Within 48 hours of the physical restraint, the school shall notify the parent that the parent may request a copy of notes and documentation taken during the use of ESI. If the parent requests notes and documentation, the school shall provide them, including a description of the type of physical restraint that was used. 

A parent may request a time to meet with school staff and administration to discuss the use of an ESI.

8. EMERGENCY SAFETY INTERVENTION COMMITTEE

The District shall establish an Emergency Safety Intervention (ESI) Committee. The District ESI Committee shall include:

At least one administrator;

At least one parent or guardian of a student enrolled in the District, appointed by the District; 

At least one licensed educational professional with behavior training and knowledge in both state law and District discipline and ESI policies; and

At least one other licensed educator. 

The District ESI Committee shall:

Meet often enough to monitor the use of emergency safety intervention in the District.

Determine and recommend professional development needs.

develop procedures to resolve concerns regarding the use of ESIs; and

ensure that each emergency incident where a school employee uses an ESI is documented, in the student information system and reported annually as required by law.