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" includes:

Imposed discipline; and

Self-discipline.

"Disruptive student behavior" includes:

The grounds for suspension or expulsion described in Utah Code Ann. § 53G-8-205; and

The conduct prohibited under Utah Code Ann. § 53G-8-209.

"Emergency safety intervention" means the use of seclusion or physical restraint when a student presents an immediate danger to self or others, and the intervention is not for disciplinary purposes.

"Immediate danger" means the imminent danger of physical violence/aggression towards self or others likely to cause serious physical harm.

“Mechanical restraint” means the use of a device as a means of restricting a student’s freedom of movement. 

“Physical escort” 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" means a personal restriction that immobilizes or significantly reduces the ability of an individual to move the individual's arms, legs, body, or head freely. 

"School" means any school and program within the District.

"School employee" means:

A school teacher;

A school staff member;

A school administrator; or

Any other person employed, directly or indirectly, by Nebo School District.

"Seclusion" means the involuntary confinement of a student alone in a room or area from which the student is physically prevented from leaving. Seclusion is not timeout as that term is defined in this policy. In addition to the foregoing, and consistent with Utah Admin. Code R277-609, seclusion means that a student is:

Placed in a safe enclosed area:

By school personnel; and

In accordance with the requirements of Utah Admin. Code R392-200, which provides requirements for the design, construction, operation, sanitation, and safety of schools; and R710-4-3, which provides fire safety requirements;

Purposefully isolated from adults and peers; and

Prevented from leaving, or reasonably believes that the student will be prevented from leaving, the enclosed area.

“Timeout or Sensory 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. Timeout is not seclusion. 

3. Training

Appropriate school personnel will receive ongoing training in:

Crisis intervention;

Emergency Safety Intervention professional development; and

Policies related to emergency safety interventions consistent with evidence based practices.

4. Prohibited Practices

Emergency Safety Interventions should not include:

Physical restraint, except when a student presents a danger of serious physical harm to self or others.

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

Prone, or face-down, physical restraint; supine, or face-up, physical restraint;

Mechanical restraint, except those protective, stabilizing or required by law, any device used by a law enforcement officer in carrying out law enforcement duties, 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).

Chemical restraint, except as:

Prescribed by a licensed physician, or other qualified health professional acting under the scope of the professional's authority under State law, for the standard treatment of a student's medical or psychiatric condition; and

Administered as prescribed by the licensed physician or other qualified health professional acting under the scope of the professional's authority under state law; 

Seclusion, except 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 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 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. 

5. Physical Restraint and Seclusion

If an employee physically restrains a student or puts a student in seclusion:

The school or the employee shall notify the student's parent or guardian and school administration consistent with Section 7; and

The employee must immediately terminate physical restraint or seclusion when the student is no longer an immediate danger or if the student is in severe distress. The use of restraint should be for the minimum time necessary and never for more than 30 minutes.

In addition to the requirements found in paragraph 5.1.2., the school shall use as release criteria the determination that the student can safely interact with staff and other students upon release from the restraint or area of seclusion.

The school shall ensure that any door remains unlocked.

The school shall maintain the student within line of sight of the employee.

The District will not use physical restraint or seclusion as a means of discipline or punishment.

6. Emergency Safety Intervention Committee 

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

At least two administrators;

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

At least two certified educational professionals with behavior training and knowledge in both state rules and District discipline policies; 

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.

7. Parent/Guardian Notification 

When an employee physically restrains a student or places a student in seclusion for 15 minutes or less, the school shall notify the District and the student's parent or guardian as soon as reasonably possible and before the student leaves the school. When an employee places a student in seclusion for more than 15 minutes, the school shall notify the District and the student’s parent or guardian immediately. The notice shall be documented within student information systems (SIS) records. The school shall provide a parent or guardian with a copy of notes and documentation taken during the use of ESI upon request of the parent or guardian. Within 24 hours of the use of ESI, the school shall notify a parent or guardian that the parent or guardian may request a copy of notes and documentation taken during the use of ESI. A parent or guardian may request a time to meet with school staff and administration to discuss the incident that required use of ESI. 

In addition a District shall:

Provide notice to parents and information about resources available to assist a parent in resolving the student’s disruptive behavior;

Provide for notices of disruptive behavior to be issued by schools to qualifying minor(s) and parent(s) consistent with: 

Numbers of disruptions and timelines in accordance with Utah Code Ann. § 53G-8-210;

School resources available; and 

Cooperation from the appropriate juvenile court in accessing student school records, including attendance, grades, behavioral reports and other available student school data. 

8. ALLOWABLE USE

Consistent with Utah Code Ann. § 53G-8-302, nothing in this policy shall prohibit an employee from using reasonable and necessary physical restraint in self-defense or when otherwise appropriate to: 

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

protect a student or another individual from physical injury; or

remove from a situation a student who is violent or threatening.

Nothing in this policy prohibits a school employee from using less intrusive means, including a physical escort, to address circumstances described in subsection 8.1.