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SECLUSION/RESTRAINT PROCEDURES

Under Louisiana Revised Statutes §17:416.21

and Louisiana Department of Education Bulletin 1706,

Regulations for the Implementation of the Exceptional Children's Act.

INTRODUCTION

This document provides procedures/guidance for the use, reporting, documentation and oversight of seclusion and restraint in the Rapides Parish School Board (RPSB) following issuance of regulations by the Board of Elementary and Secondary Education (BESE), Louisiana Department of Education (LDE).

These procedures specifically address the statutory requirements of La. Rev. Stat. Ann §17:416.21 (Act 328 of 2011 and Act 522 of 2016) and revised Louisiana Bulletin 1706, Regulations for the Implementation of the Exceptional Children's Act regarding the use of seclusion and restraint as emergency safety measures to control the actions of students with exceptionalities in Louisiana’s public schools.  It is understood that this procedural/guidance document is a work in progress and in no way constitutes the totality of interventions and strategies that may be used by the RPSB and its personnel in addressing the educational needs of students with exceptionalities.

For the purposes of this document, Rapides Parish School Board may encompass policies adopted by the RPSB; administrative procedures implemented by school administrators and school employees (as defined herein) and guided forms developed to assist school employees in carrying out their responsibilities La. Rev. Stat. Ann §17:416.21 and applicable sections of Louisiana Bulletin 1706.

DEFINITIONS

Emergency – A sudden, generally unexpected set of circumstances that requires immediate action.

Handle With Care (HWC) Behavior Management System and Physical Intervention – A program that includes a continuum of techniques ranging from verbal de-escalation to physical restraint.  The restraint system includes the use of prompt, skillful, and appropriate intervention in order to minimize injuries to children and staff.

Imminent Risk Of Harm - An immediate and impending threat of a person causing substantial physical injury to self or others.  The risk is “imminent” if it is likely to occur within a matter of moments.

Mechanical Restraint - A Mechanical Restraint is the use of any device or object used to limit 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 or related services professional and are used for the specific and approved purposes for which such devices were designed, such as:

• Adaptive devices or mechanical supports 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;

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

• Restraints for medical immobilization; or

• Orthopedically prescribed devices that permit a student to participate in activities without risk of harm.

It also does not include any device used by a duly licensed law enforcement officer in the execution of his/her official duties.

Physical Escort – Touching or holding a student with or without the use of force for the purpose of directing the student to a new location.  Physical escort does not including the unforced holding of a student’s hand or other physical prompts for the purpose of safely guiding the student from one task to another or directing the student in an educational activity.

Physical Restraint - Physical Restraint is using bodily force to limit the movement of a student’s torso, arms, legs or head.  This term does not include:

• Consensual, solicited, or unintentional contact;

• Momentary blocking of a student’s action if the student’s action is likely to result in harm to the student or any other person;

• Holding of a student, by one school employee, for the purpose of calming or comforting the student, provided the student’s freedom of movement or normal access to his or her body is not restricted;

• Minimal physical contact for the purpose of safely escorting a student from one area to another; or

• Minimal physical contact for the purpose of assisting the student in completing a task or response.

Positive Behavior Interventions and Support – A systematic approach to embed evidence-based practices and data-driven decision making when addressing student behavior in order to improve school climate and culture.

Seclusion – Seclusion is an involuntary confinement of a student alone in a room or area from which the student is physically prevented from leaving.  This procedure isolates and confines a student until he or she is no longer an immediate danger to self or others.  It may be used on an individual basis for a limited time to allow the student the opportunity to regain control in a private setting.

This method must not be used to address behaviors such as general noncompliance, self-stimulation, and academic refusal.  Such behaviors must be responded to with less stringent and less restrictive techniques.

Seclusion Room – A room or other confined area, used on an individual basis, in which a student is removed from the regular classroom setting for a limited time to allow the student the opportunity to regain control in a private setting and from which the student is involuntarily prevented from leaving.

This term does not include a timeout, which is a behavior management technique that is part of an approved program, involves the monitored separation of the student in a non-locked setting, and is implemented for the purpose of calming.

School Employee – A teacher, paraprofessional, administrator, support staff member, or a provider of related services.

Substantial Risk of Injury – Behavior expressed through verbal and/or physical means to cause serious physical harm to self or others, whether or not considered directly and substantially to be a manifestation of the student’s disability.

Time Out – A behavior reduction procedure that involves the absence of positive reinforcement for a limited period of time.  Time out may include:  (1) Inclusionary time-out where the student remains in sight and sound of others in the classroom; (2) Exclusionary time-out where the student leaves the learning environment and goes to another location but is not isolated and prevented from leaving.  These forms of time-out are NOT considered by the School Board to constitute seclusion but must be monitored and documented at the school level to ensure that repetitive incidents of time-out do not occur and, if occurring, do not result in substantial isolation of the student from instructional activities.

Written Guidelines and Procedures - The written guidelines and procedures adopted by a school’s governing authority regarding appropriate responses to school behavior that may require immediate intervention.

SUPERINTENDENT’S DIRECTIVES PURSUANT TO SCHOOL BOARD POLICY

The Rapides Parish School Board has approved the following guidelines and procedures relative to the use of seclusion and restraint by its employees:

Reporting requirements

1. Notification requirements for school officials and parents/legal guardians
   
   When Handle with Care physical restraint is used, the principal or principal’s designee must notify the parents or other legal guardians as soon as possible.
   
   The student’s parent or other legal guardian shall also be notified in writing, within twenty-four hours, of each incident of physical restraint using the Handle with Care Incident Reporting Form.

2. Explanation of methods of physical restraint
   
   Handle With Care restraint methods include a continuum of techniques that range from de-escalation to physical restraint.  The techniques used in the Handle With Care program include the following:

3. Training requirements relative to the use of restraint

4. Dissemination of guidelines and procedures to all school employees
   
   Information on Handle With Care will be provided to principals who will share this information with all members of their school staff.  A Handle With Care Information Sheet will posted on Rapides Parish School Board Web Site.

5. Dissemination of guidelines and procedures to every parent of a child with an exceptionality
   
   A Handle With Care Information Sheet will be disseminated on an annual basis to parents of students with disabilities identified under Bulletin 1508/1706, including those identified as gifted and/or talented.  The information will be given to parents an annual IEP meeting along with the Student Rights and Responsibilities Handbook.

6. Notification to the Louisiana Department of Education
   
   The Director of Special Education or his/her designee will submit all required restraint and/or seclusion documentation to the LDE as required.

SECLUSION

Seclusion is a procedure that isolates and confines a student in a separate room or area until he/she is no longer an immediate danger to self or others.  Seclusion does not include time-out, “which is a behavior management technique that is part of an approved program, involves the monitored separation of the student in a non-locked setting, and is implemented for the purpose of calming”.  The term does not include in-school suspension or student requested breaks.

The use of seclusion is not permitted in the Rapides Parish School District.

MECHANICAL RESTRAINT

No student shall be subjected to any form of mechanical restraint by school employees.

PHYSICAL RESTRAINT

Physical Restraint is permitted only under the following conditions:

• If the student’s behavior presents a threat of imminent risk of harm to self or others.

• As a last resort to protect the safety of self and others.

• To the degree necessary to stop dangerous behavior.

• In a manner that causes NO PHYSICAL INJURY to the student.

• Results in the least possible discomfort to the student.

• Does not interfere in any way with a student’s breathing or ability to communicate with others.

• Does not involve the use of any form of mechanical restraint.

• The student is not physically restrained in a manner that places excessive pressure on the student’s chest or back or that causes asphyxia.

• Applied only in a manner that is directly proportionate to the circumstances and to the student’s size, age, and severity of behavior.

Physical Restraint is prohibited:

• As a form of discipline or punishment.

• As a threat to control, bully, or obtain behavioral compliance.

• For the convenience of school personnel.

• When unreasonable, unsafe, or unwarranted.

• If the student is known to have any medical or psychological condition that precludes such action (as certified by a licensed health care provider in a written statement provided to the school in which the student is enrolled).

MONITORING AND DOCUMENTATION

Seclusion and Restraint require monitoring, documentation, and analysis of data collected:

• Continuous monitoring.

• Documentation every 15 minutes (with adjustments made accordingly).

• Student is released/removed as soon as the reasons for the action have subsided.

• Parent or guardian notified as soon as possible.  The school shall document all efforts, including conversations, phone calls, electronic communications, and home visits, to notify the parent of a student who has been placed in seclusion or physically restrained.

• Parent or guardian notified in writing within 24 hours of EACH incident of seclusion/restraint.

• Director/Supervisor of Special Education notified any time student is placed in seclusion/restraint.

• School employee who used physical restraint shall complete the “Handle with Care Incident Reporting Form” for each incident of restraint and seclusion.

• School employee shall submit the “Handle with Care Incident Reporting Form” to the School Principal not later than the school day immediately following the day of the seclusion/restraint.

• School employee shall submit copy of the “Handle with Care Incident Reporting Form” to student’s parent or guardian.

• When a student is involved in five (5) incidents of restraint/seclusion in a single school year*, convene the IEP Team to review and revise the student’s behavior intervention plan to include any appropriate and necessary behavioral supports. Five (5) incidents in a school year include the cumulative number of incidents of restraint.

• Review data/documentation at least once every 3 weeks for students secluded and restrained and whose challenging behavior continues or escalates.

SECLUSION AND RESTRAINT PROCEDURES

1. Dissemination of Policy, Procedures, and LDE Guidance
   
   Each school principal shall make available to school personnel and the parents/guardians/students of majority age, copies of La. Rev. Stat. Ann §17:416.21, LDE Guidance (if approved by BESE by such date), and local policies and procedures regarding the use of reasonable restraint and seclusion of students with exceptionalities in the educational environment.  It shall be considered permissible to publish such regulations, guidance, policies and procedures on the website of the Rapides Parish School Board.  Such restraint and seclusion notification shall also be referenced and/or included in the annual notice of student rights and responsibilities provided to the parents/guardians/ students of majority age.

2. Use of Restraint and/or Seclusion by School Personnel

DOCUMENTATION:

All incidents of physical restraint must be documented on the Handle With Care Incident Reporting Form.  For each incident of physical restraint the completed Handle with Care Incident Reporting Form must be submitted to the Director of Special Education within twenty-four hours.

A copy of the Handle With Care Information Sheet will be provided to parent(s) of students with disabilities and student(s) of majority age at each student’s annual IEP review meeting.  A statement may be added to the IEP document indicating that the parent was provided a copy of the school district’s restraint/seclusion procedures.

INCIDENT REPORTING:

Reporting the use of physical restraint MUST be made to SPECIFIED individuals within the timelines indicated in these procedures and recorded specified forms within designated timelines.

Student Name:  ___________________________________   Grade: ___________

Exceptionality:  _______________________________________________________

Date of Incident:  ________________   Time of Incident: ______________

Duration of Physical Restraint (Beginning + Ending Times):

Start Time: ___________ End Time: ___________ Total Time: ____________

Teacher/Staff Initiating Physical Restraint:

 ______________________________________________________________________

______________________________________________________________________

Teacher(s)/Staff Monitoring/Supervising Physical Restraint: 

______________________________________________________________________

______________________________________________________________________

Injuries:  ___ Yes   ___ No Detailed Description of Injuries:

______________________________________________________________________

______________________________________________________________________

Describe Dangerous Behavior Warranting Action of Last Resort:

______________________________________________________________________

______________________________________________________________________

Other Comments/Observations: 

______________________________________________________________________

______________________________________________________________________

Teacher/Staff Signature_____________________________________________________

Principal Signature________________________________________________________

**Within 24 hours of incident, provide a copy to parent and fax a copy to

JB Lafargue at 318.473.0356.**

Louisiana’s Seclusion/Restraint Law

LOUISIANA’S SECLUSION/RESTRAINT LAW

La. Rev. Stat. Ann. §17:416.21.

Behavior of students with exceptionalities; use of seclusion and physical restraint

1. As used in this Section:

2.     1.    Seclusion shall be used only:

3.    1.   Physical restraint shall be used only:

4. Seclusion and physical restraint shall not be used as a form of discipline or punishment, as a threat to control, bully, or obtain behavioral compliance, or for the convenience of school personnel.
   
   

5. No student shall be subjected to unreasonable, unsafe, or unwarranted use of seclusion or physical restraint.
   
   

6. A student shall not be placed in seclusion or physically restrained if he or she is known to have any medical or psychological condition that precludes such action, as certified by a licensed health care provider in a written statement provided to the school in which the student is enrolled.
   
   

7. A student who has been placed in seclusion or has been physically restrained shall be monitored continuously.  Such monitoring shall be documented at least every fifteen minutes and adjustments made accordingly, based upon observations of the student's behavior.
   
   

8. A student shall be removed from seclusion or released from physical restraint as soon as the reasons for justifying such action have subsided.
   
   

9.    1.   The parent or other legal guardian of a student who has been placed in seclusion or physically restrained shall be notified as soon as possible. The student's parent or other legal guardian shall also be notified in writing, within twenty-four hours, of each incident of seclusion or physical restraint.  Such notice shall include the reason for such seclusion or physical restraint, the procedures used, the length of time of the student's seclusion or physical restraint, and the names and titles of any school employee involved.

10. A school employee who has placed a student in seclusion or who has physically restrained a student shall document and report each incident in accordance with the policies adopted by the school's governing authority.  Such report shall be submitted to the school principal not later than the school day immediately following the day on which the student was placed in seclusion or physically restrained and a copy shall be provided to the student's parent or legal guardian.
    
    

11. If a student is involved in five incidents in a single school year involving the use of physical restraint or seclusion, the student's Individualized Education Plan team shall review and revise the student's behavior intervention plan to include any appropriate and necessary behavioral supports.
    
    

12. The documentation compiled for a student who has been placed in seclusion or has been physically restrained and whose challenging behavior continues or escalates shall be reviewed at least once every three weeks.
    
    

13.    1.  The governing authority of each public elementary and secondary school shall adopt written guidelines and procedures regarding:

14.   1.   The governing authority of each public elementary and secondary school shall report all instances where seclusion or physical restraint is used to address student behavior to the Department of Education.

Acts 2011, No. 328, §1, eff. June 29, 2011.

Revised:  September 5, 2017