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FILE:  JGGA
CRITICAL

 

SECLUSION, ISOLATION AND RESTRAINT

 


It is the policy of the Jefferson City Public School District to promote the safety of all students, staff and visitors in its schools. Through the adoption of this policy, the Board of Education expects to:

 

1.         Foster a climate of dignity and respect in the use of discipline and behavior-management techniques.

 

2.         Provide school personnel with clear guidelines about the use of seclusion, time-out and restraint.

 

3.         Provide parents/guardians information about state guidelines and district policies related to the use of restrictive behavioral interventions.

 

4.         Promote the use of nonaversive restrictive behavioral interventions, including positive behavioral support techniques, restraint, seclusion and time-out.


Restrictive Behavioral Interventions – Restraint, seclusion and time-out as defined in this policy.


Aversive Restrictive Behavioral Interventions – An intervention that is intended to inflict pain or discomfort upon a student for the purpose of eliminating or reducing maladaptive behaviors, including such interventions as: contingent application of noxious, painful or intrusive stimuli or activities; any form of noxious, painful or intrusive spray, inhalant or tastes; or other similar interventions.


This policy applies to all district personnel defined as any person employed by the district. District personnel may include persons working with students as independent contractors or on behalf of an independent contractor, or persons employed by another agency who are providing educational or related services to students.


Restraint


It is the policy of the district that staff may use physical restraint only when nonphysical interventions are ineffective and the student’s behavior poses a threat of imminent, serious harm to self and/or others, destruction of property that poses a threat to self and/or others, or pursuant to a student’s individualized education program (IEP) or other written plan developed in accordance with state and federal law. Physical or other types of restraint may not be used as a means of punishment or as a response to disruption of school order, a student’s refusal to comply with a school rule or staff directive, or verbal threats that do not constitute a threat of imminent, serious, physical harm. When restraint becomes necessary, staff should follow the guidelines contained in this policy.


Definition of Restraint


Three (3) types of restraint exist: physical, chemical and mechanical.

 

1.         Physical Restraint – The use of bodily force to limit a student’s freedom of movement. It involves direct physical contact that prevents or significantly restricts a student’s movement. Physical restraint should be used only as a last resort for emergency safety intervention. Physical restraint provides an opportunity for the student to regain self-control. Physical restraint does not include touching or holding a student without the use of force for the purpose of directing the student. Thus, this policy, in relation to physical restraint, does not prevent staff from taking actions to:

 

            a.         Break up a fight.

 

            b.         Take a weapon away from a student.

 

            c.         Briefly hold a student in order to calm or comfort that student.

 

            d.         Engage in the minimal contact necessary to physically escort a student from one area of a building to another.

 

            e.         Assist a student in completing a task or response if the student does not resist or resistance is minimal in intensity or duration (e.g., hand-over-hand assistance).

 

            f.         Hold a student for a brief time in order to prevent an impulsive behavior that threatens a student’s immediate safety such as running in front of a car.

 

2.         Chemical Restraint – The administration of medication for the purpose of restraint. Chemical restraint does not apply to medication prescribed by and administered in accordance with a doctor’s directions.

 

3.         Mechanical Restraint – The use of any device or material attached to or adjacent to a student’s body that restricts normal freedom of movement and that cannot be easily removed by a student. Mechanical restraint does not include: 1) an adaptive or protective device recommended by a physician or therapist (when it is used as recommended); or 2) safety equipment used by the general student population as intended (e.g., seat belts, safety harnesses, car seats on student transportation). Thus, this policy in relation to mechanical restraint, does not prevent law enforcement officers from taking action (e.g., handcuffs).


Law Enforcement Officer – Any public servant having both the power and duty to make arrests for violations of the laws of this state. Jefferson City Public School District Security Resource Officer (SRO) is a law enforcement officer.


Limitations to the Use of Restraint


Restraint as defined above shall not be used for:

 

1.         The convenience of staff;

2.         As a substitute for an educational program;

3.         As a form of discipline or punishment;

4.         As a substitute for less restrictive alternatives;

5.         As a substitute for adequate staffing; or

6.         As a substitute for the use of positive behavioral supports or crisis prevention and intervention.


Use of Emergency Restraint


A behavior that requires immediate intervention constitutes an emergency. Emergency restraint must be used only under emergency situations and if essential. An emergency that may require the use of restraint includes behavior that:

 

1.         Poses an imminent risk to the safety of an individual student; or

2.         Poses an imminent risk to the safety of others.


General Procedures for Use of Emergency Restraint

 

1.         Emergency restraint shall be performed in a manner that is:

 

            a.         Safe

 

            b.         Appropriate

 

            c.         Proportionate to and sensitive to the student’s:

 

                                  Severity of behavior

                                  Chronological and developmental age

                                  Physical size

                                  Gender

                                  Physical condition

                                  Medical condition

                                  Psychiatric condition

                                  Personal history, including any history of physical or sexual abuse

 

If a student’s IEP, Section 504 plan or teacher support team concludes, based on the factors listed above, that any or all of the three (3) types of restraint should not be used with a particular student, staff may not use that type of restraint with that student.

 

2.         Staff shall immediately call for help from within the building at the onset of an emergency. When possible, the administration of restraint shall be witnessed by at least one (1) adult who does not participate in the restraint.

 

3.         Time and Duration – Restraint should be used no longer than necessary to allow student to regain control of his/her behavior.

 

4.         Staff Requirements – While using restraint, staff must:

 

            a.         Involve appropriately trained key identified personnel to protect the care, welfare, safety and security of the student;

 

            b.         Continually observe the student in restraint for indications of physical distress and seek medical assistance if there is a concern; and

 

            c.         Document observations.

 

5.         Documentation and Reporting – In instances where physical restraint is used. The school staff must report the physical restraint to the building principal or a designee. The principal/designee must maintain an ongoing record of all such reported instances. The principal/designee must also verbally inform the student’s parent or guardian of the restraint as soon as possible, and by written report postmarked or e-mailed no later than three (3) school days following the use of the restraint.

 

6.         Follow-Up to Restraint – Follow-up procedures include reviewing the incident with the student, if appropriate, to address the behavior that precipitated the restraint; reviewing the incident with staff who administered the restraint to discuss whether proper restraint procedures were followed; and consideration of whether any follow-up is appropriate or necessary for students who witnessed the incident.

 

7.         Reoccurring Behavior – If a pattern of behavior emerges that requires use of restraint on multiple occasions, or should such behavior be anticipated, school personnel must:

 

            a.         Conduct a functional behavioral assessment.

 

            b.         Develop or revise a positive behavior support plan, even if the student is not a student with a disability under the Individuals with Disabilities Education Act (IDEA) or Section 504, to facilitate the reduction or elimination of the use of restraint.

 

            c.         Develop an assessment and planning process. If the student is a student with a disability, this team would be comprised of the members of the IEP or 504 team. If the student is a nondisabled student, the team should include the parent, the student (if appropriate), the staff members who are responsible for implementation of the behavior plan, and individuals who are knowledgeable about positive behavioral supports.

 

8.         Data Collection – As part of this policy, the district will develop a system of data collection regarding the use of restraint. The data will be used by administration to determine the need for additional staff training in behavioral supports.

 

9.         Staff Training – Staff will receive training on an annual basis, with respect to the district’s restraint policy. Training will include the provision of information about interventions that may preclude the need for restraint, types of restraint and related safety considerations, and administering physical restraint in accordance with known medical or psychological limitations and/or behavioral intervention plans applicable to an individual student. New hires during the year will be trained as soon as feasible.


Additionally, each building will identify specific staff to serve as a school- or building-wide restraint team to ensure proper administration of physical restraint. These individuals will participate in an in-depth training program regarding restraint and the implementation of this policy.


Prohibited Practices


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

 

1.         Mechanical restraint.

 

2.         Chemical restraint.

 

3.         The deprivation of basic needs.

 

4.         Anything constituting child abuse. Any act of physical force or restraint by a teacher or other employee against a student shall not be considered child abuse if the act was performed in good faith and in compliance with this policy and these regulations.

 

5.         Any restraint that negatively impacts breathing.

 

6.         Prone restraint. Prone restraint is the restraint of a person face down.


Seclusion


Seclusion – The confinement of a student alone in an enclosed space from which the student is physically prevented from leaving by locking hardware.


Locking Hardware – Mechanical, electrical or other material devices used to lock a door or to prevent egress from a confined area.


Seclusion as defined in this policy is prohibited except in an emergency situation while awaiting the arrival of law enforcement officers as provided for in state law.


Time-Out


The Jefferson City Public School District hereby authorizes school officials to use designated time-out procedures in a reasonable manner and in accordance with the regulations that accompany this policy. The use of time-out by school personnel for students exhibiting disruptive behaviors should only be used under appropriate circumstances and according to professional standards. This policy and accompanying regulations shall be reviewed as needed by the superintendent and his/her designee.


A continuum of positive behavioral interventions and supports should be in place to teach appropriate pro-social behaviors to students demonstrating inappropriate behavior. Every attempt should be made to avoid the use of time-out, but safety concerns are paramount.


The district’s time-out policies and regulations do not apply to interventions such as sending a student to the principal’s office, to a staff member’s office or to any other such setting, but is instead limited to use of the time-out area specifically designated by school administrators for the purpose of isolating students as described below.


General Principles


Exclusionary Time-Out – A behavioral intervention which, for purposes of this policy, means isolation of the student in a supervised area from which the student is prevented from leaving or is not capable of leaving due to physical or intellectual incapacity. It does not include interventions such as: in-school suspension; removal to a “buddy-room;” removal to the office or a classroom; for use of sensory room intervention; processing with the student; detention; student-requested break; or student is instructed to return to his/her desk. During time-out, a student’s movement is not physically restricted. Exclusionary time-out should be used as one (1) of a continuum of procedures that helps students to learn to self-regulate and control their own behavior. The time-out continuum includes, but is not limited to:

 

1.         Planned Ignoring – The systematic withdrawal of social attention for a predetermined time period upon the onset of mild levels of problem behavior.

 

2.         Withdrawal of Materials – Materials that the student is using are removed upon the occurrence of the inappropriate behavior.

 

3.         Contingent Observation/Classroom Time-Out – Student remains in a position to observe the group without participating or receiving reinforcement for a specified period of time.

 

4.         Exclusionary Time-Out – Student is removed from the immediate instructional setting in response to behavior that requires immediate and direct cessation. This form of time-out can take place within the same classroom or in a nearby location that can be supervised by an adult.


Sensory Room – Area used specifically for sensory integration exercises to assist students with focus, calming and concentration skills on a routine basis.


Designated Time-Out Area – Used specifically to isolate a student for the purpose of bringing under control student behavior that is dangerous or presents a risk of significant property damage. Dangerous behavior is behavior that presents a risk of injury or harm to that student or others, and in the judgment of those involved, cannot be controlled through interventions.


When a student is placed in a time-out area, the student is physically prevented from leaving and continuous observation of the student will be conducted. Any area used as a time-out area must not be locked and must not prevent the student from exiting the area should staff become incapacitated or leave that area; and must provide for adequate space, lighting, ventilation, viewing and the safety of the student.


General Procedures for Exclusionary Time-Out

 

1.         Exclusionary time-out must be performed in a manner that is:

 

            a.         Safe

 

            b.         Appropriate

 

            c.         Proportionate to and sensitive to the student’s:

 

                                  Severity of behavior

                                  Chronological and developmental age

                                  Physical size

                                  Gender

                                  Physical condition

                                  Medical condition

                                  Psychiatric condition

                                  Personal history, including any history of physical or sexual abuse.

 

2.         Exclusionary time-out should not be used:

 

            a.         For the convenience of staff;

            b.         As a substitute for an educational program;

            c.         As a form of discipline or punishment;

            d.         As a substitute for a lesser restrictive setting;

            e.         As a substitute for adequate staffing; or

            f.         As a substitute for staff training in positive behavior supports or crisis prevention and intervention.

 

3.         Constant adult supervision (visual contact) must be maintained while the student is in the time-out room. Staff should observe, in particular, for indication of physical distress and seek medical assistance if there is a concern, and document observations.

 

4.         Staff shall immediately call local education agency for assistance from within the building at the onset of an emergency. LEAs must ensure that substitute teachers know to contact office in case of emergency.

 

5.         Each use of exclusionary time-out and the reason for each use must be documented in writing (date, reason and time in the room).

 

6.         Exclusionary time-out should not be used any longer than necessary to allow the student to regain control of his/her behavior.

 

7.         Should a pattern of behavior emerge or be anticipated that requires the use of multiple uses of exclusionary time-out, school personnel must:

 

            a.         For students with no disability:

 

                                  Consider a referral to special education;

 

                                  Consider conducting a functional behavioral assessment if no referral is deemed necessary;

 

                                  Consider the development of a positive behavior support plan if no referral is deemed necessary. The purpose of any such plan is to facilitate the reduction or elimination of the use of exclusionary time-out.

 

            b.         For students with a disability (IDEA or 504):

 

                                  Reconvene the student’s IEP or 504 team;

 

                                  Conduct a functional behavioral assessment and/or conduct a re-evaluation;

 

                                  Consider revisions to the IEP including, but not limited to, the development or revision of a positive behavior intervention plan.


Note: If it is anticipated that the use of time-out for a student with a disability may be required, the use of time-out as an intervention should be included in the student’s IEP and in a behavior intervention plan. If an unanticipated situation arises and the use of time-out is required and not previously discussed with the parent of the child, the parents should be notified as soon as practical after the incident. The IEP team should meet to discuss the incident and whether to conduct a functional behavioral assessment and develop or modify a behavior intervention plan as soon as practical after the incident.


Exclusionary Time-Out Criteria

 

1.         The area must be safe and in compliance with all building and fire codes. Any area used for time-out requires approval from the principal.

 

2.         The area must be free of objects or fixtures with which the student could inflict bodily harm such as:

 

                      Light fixtures within reach of the student

                      Furniture

                      Woodwork or molding that could be pulled free

                      Active electrical outlets

                      Pipes

                      Glass or windows unless tempered safety glass

                      Other

 

3.         The area must allow for constant visual supervision of the student during the period of time-out.

 

4.         The exclusionary time-out area has an exit access door opened from inside the room at all times and without the use of a key.

 

5.         The room must provide lighting appropriate for the circumstances.


* * * * * * *


In the event of a discrepancy between an administrative procedure and a Board policy, the Board policy will take precedence.


Note:  The reader is encouraged to check the index located at the beginning of this section for other pertinent policies and to review administrative procedures and/or forms for related information.

 

Adopted:         06/16/2011

 

Legal Refs:     §§ 160.261, .263, 563.061, RSMo.


Jefferson City School District, Jefferson City, Missouri

 

Link to Missouri Statutes

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For Office Use Only: JGGA-C.JFC (11/10)

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