seclusion and Physical restraint Awareness training For all school personnel who have regular contact with students

“In accordance with department guidelines, a school district, intermediate school district, or public school academy shall implement a comprehensive training framework that includes awareness training for all school personnel who have regular contact with pupils…” – MCL 380.1307g(a)

Learning target Develop awareness of expectations for and responsibilities of school personnel in responding to emergency situations

Success Criteria I can… Explain my duty to protect students at school. Identify prohibited practices, the risks and limits on the use of emergency seclusion and physical restraint, and documentation and debriefing requirements when emergency seclusion and/or restraint is utilized. Name the key identified personnel to contact immediately or as soon as possible after the onset of an emergency situation that may result in seclusion or physical restraint.

What the law is intended to do purpose & spirit What the law is intended to do

Legislative Intent The stated intent of the legislature in adding section 1307 is to: Create a uniform policy regarding the use of seclusion and restraint including clear definitions and procedures. Promote the care, safety, welfare, and security of the school community and the dignity of each pupil. Encourage the use of proactive, effective, evidence- and research-based strategies and best practices. Ensures that seclusion and physical restraint are used only as a last resort in an emergency situation. The stated intent of the legislature in adding section 1307 is to ensure that local public schools, public school academies, intermediate school districts, and other public school entities adhere to a uniform policy regarding the use of seclusion and restraint. The purpose of this policy is to: Promote the care, safety, welfare, and security of the school community and the dignity of each pupil. Encourage the use of proactive, effective, evidence- and research-based strategies and best practices to reduce the occurrence of challenging behaviors, eliminate the use of seclusion and restraint, and increase meaningful instructional time for all pupils. Ensures that seclusion and physical restraint are used only as a last resort in an emergency situation and are subject to diligent assessment, monitoring, documentation, and reporting by trained personnel.

Legislative Intent It's NOT about student discipline. This policy is specific to responses during emergency situations. Emergency seclusion and physical restraint are not to be used as a disciplinary response. It's NOT just for special education students. The law and guidance applies to ALL public school students. It's NOT about student discipline and should never be used as a disciplinary measure detention, suspension, etc. The emergency use of seclusion and restraint is very specific to types of behavioral interventions used to manage individual student behavior as a last resort in an emergency situation. Secondly, it’s NOT just for special education students. The law, policy and subsequent guidance applies to ALL students who attend a public school, public school academy, intermediate school district, or public school entity.

duty to protect As school personnel, you have a duty to protect and must respond appropriately to protect the safety and well-being of pupils at school this includes in a classroom, elsewhere on school property, on a school transportation, and at school-sponsored activities and events regardless of whether or not it is held on school premises. School employees have a duty to protect and must respond appropriately to protect the safety and well-being of pupils at school

what is allowed? Brief holding to calm or comfort To help protect the safety and well-being of pupils, certain actions are expressly excluded from the definition of physical restraint and are not governed by this statute, including: Brief holding to calm or comfort Escorting a pupil (min. contact necessary) Assisting a pupil in a task (min. contact necessary) Brief holding to prevent an impulsive behavior (e.g. running in front of a car) Administration of Rx medication Using an adaptive or protective device Using safety equipment as intended (e.g. seat belt) Necessary actions to break up a fight, stop physical assault, or take a weapon Integral actions in a sporting event (e.g. a referee pulling football players off of a pile) It is important to remember your duty to protect, as this statute is not intended to discourage school personnel from calming a student, escorting or assisting a student with a task, preventing a student from self-injurious behavior, administering medication as prescribed, breaking up a fight, or separating players during a sporting event. In fact, school personnel in each of these circumstances are obligated by their duty to protect the safety and wellbeing of pupils.

Reflection/Questions What Squares with you? What is Circling in your mind? What Changes in practice do you anticipate?

Key terms to understand definitions In raising awareness regarding the emergency use of seclusion and restraint, it is important to note key vocabulary used through out the statute and policy. Key terms to understand

Definitions to Understand Emergency Situation: A situation in which a pupil’s behavior poses imminent risk to the safety of the individual pupil or to the safety of others. An emergency situation requires immediate intervention. Emergency situations are those in which there is imminent risk to the safety of the individual pupil or others, AND requires an immediate response. – MCL 380.1307h

Definitions to Understand Key Identified Personnel: Those individuals who have received the mandatory training described in section 1307g(b)(i) to (xvi) before using emergency seclusion or emergency physical restraint with pupils as a response to and emergency situation. Key identified personnel are those individuals who have received comprehensive training in how to respond in emergency situations that may use of emergency seclusion or restraint with pupils. – MCL 380.1307h

Definitions to Understand Emergency Seclusion: A last resort emergency safety intervention involving seclusion that is necessitated by an ongoing emergency situation and that provides an opportunity for the pupil to regain self-control while maintaining the safety of the pupil and others. Emergency seclusion does not include seclusion when contraindicated based on a pupil’s disability, health care needs, or medical or psychiatric condition, as documented in a record or records made available to the school. Emergency Seclusion is a last resort emergency safety intervention involving seclusion that is necessitated by an ongoing emergency situation and that provides an opportunity for the pupil to regain self-control while maintaining the safety of the pupil and others. – MCL 380.1307h

Emergency Seclusion Musts: Continuous observation by school personnel; Comply with state and local fire and building codes; Not be locked; Not prevent the pupil from exiting if school personnel are incapacitated; Provide for adequate space, lighting, ventilation, viewing, and the safety and dignity of the pupil. To qualify as emergency seclusion, there must be continuous observation by school personnel of the pupil in seclusion, and the room or area used for confinement must comply with state and local fire and building codes; must not be locked; must not prevent the pupil from exiting the area if school personnel become incapacitated or leave that area; and must provide for adequate space, lighting, ventilation, viewing, and protect the safety and dignity of the pupil and others.

Emergency Seclusion Must notS: Confinement of preschool children or pupils who are severely self-injurious or suicidal; A practice prohibited under section 1307b; Be used for: Convenience of school personnel, Substitute for an educational program, Form of discipline or punishment, Substitute for less restrictive alternatives, Substitute for adequate staffing, Substitute for school personnel training in PBIS. Please note, the confinement of preschool children or of pupils who are severely self-injurious or suicidal are prohibited. In addition, seclusion may not be used for the convenience of school personnel, as a substitute for an educational program, as a form of discipline or punishment, as a substitute for less restrictive alternatives, as a substitute for adequate staffing, or as a substitute for school personnel training in positive behavioral intervention and support.

Definitions to Understand Emergency Physical Restraint: A last resort emergency safety intervention involving physical restraint that is necessitated by an ongoing emergency situation and that provides an opportunity for the pupil to regain self- control while maintaining the safety of the pupil and others. Emergency physical restraint does not include physical restraint when contraindicated based on a pupil’s disability, health care needs, or medical or psychiatric condition, as documented in a record or records made available to the school. Emergency physical restraint is a last resort emergency safety intervention involving physical restraint that is necessitated by an ongoing emergency situation and that provides an opportunity for the pupil to regain self- control while maintaining the safety of the pupil and others. – MCL 380.1307h

Emergency physical restraint Does not include physical restraint that is used: For the convenience of school personnel; As a substitute for an educational program; As a form of discipline or punishment; As a substitute for less restrictive alternatives; As a substitute for adequate staffing; As a substitute for school personnel training in positive behavioral intervention and support. Does not include a practice prohibited under sec. 1307b. Emergency physical restraint may not be used for the convenience of school personnel, as a substitute for an educational program, as a form of discipline or punishment, as a substitute for less restrictive alternatives, as a substitute for adequate staffing, or as a substitute for school personnel training in positive behavioral intervention and support.

Definitions to Understand Mechanical Restraint: The use of any device, article, garment, or material attached to or adjacent to a pupil’s body to perform restraint. Mechanical restraint: the use of any device, article, garment, or material attached to or adjacent to a pupil’s body to perform restraint. – MCL 380.1307h

Reread and Paraphrase Key Vocabulary with Elbow Partner Emergency Situation: A situation in which a pupil’s behavior poses imminent risk to the safety of the individual pupil or to the safety of others. An emergency situation requires immediate intervention. Key Identified Personnel: Those individuals who have received the mandatory training described in section 1307g(b)(i) to (xvi) before using emergency seclusion or emergency physical restraint with pupils as a response to and emergency situation. Emergency Seclusion: A last resort emergency safety intervention involving seclusion that is necessitated by an ongoing emergency situation and that provides an opportunity for the pupil to regain self-control while maintaining the safety of the pupil and others. Emergency seclusion does not include seclusion when contraindicated based on a pupil’s disability, health care needs, or medical or psychiatric condition, as documented in a record or records made available to the school.; Emergency Physical Restraint: A last resort emergency safety intervention involving physical restraint that is necessitated by an ongoing emergency situation and that provides an opportunity for the pupil to regain self- control while maintaining the safety of the pupil and others. Emergency physical restraint does not include physical restraint when contraindicated based on a pupil’s disability, health care needs, or medical or psychiatric condition, as documented in a record or records made available to the school. Mechanical Restraint: The use of any device, article, garment, or material attached to or adjacent to a pupil’s body to perform restraint. they will write this and share with elbow partner. ready to shout out their response or their neighbors response

in utilizing emergency seclusion and/or physical restraint Risks Regardless of precautions taken, there are inherent risks to seclusion and restraint. in utilizing emergency seclusion and/or physical restraint

know the risks involved Pupils and adults have been emotionally harmed, and severely injured or died from the use of seclusion and physical restraint. This policy provides guidance to school personnel to address emergency situations in a manner that will protect the health, safety, and dignity of the students and adults. By providing guidance and making school personnel aware that students have been emotionally harmed, and severely injured or died from the use of seclusion and restraint, the legislature believes we can better protect the health, safety, and dignity of the students and adults in our schools.

for the use of emergency seclusion and/or physical restraint parameters & limits There are specific parameters and limits to school personnel use of emergency seclusion and restraint articulated in statute. for the use of emergency seclusion and/or physical restraint

only in an emergency Both emergency seclusion and emergency physical restraint may only be used as a last resort safety intervention in an ongoing emergency situation, meaning that the student's behavior: Poses an imminent risk to self or others, and Requires immediate intervention. Both emergency seclusion and emergency restraint may only be used as a last resort safety intervention in an ongoing emergency situation, meaning that the student's behavior: Poses an imminent risk to self or others, and Requires immediate intervention

Emergency seclusion Call key identified personnel for help Notify school building administration and the pupil's parent or guardian Maintain Continuous Observation Seek medical help, if necessary Do not lock Room/area Document observations Use only until student regains control No longer than 15 minutes for elementary students No longer than 20 minutes for middle/high school students If school personnel initiate an Emergency Seclusion, They must immediately at the onset or as soon as possible call key identified personnel for help, notify school building administration, and the pupil's parent or guardian. During the seclusion, school personnel shall engage in continuous observation; monitoring for signs of physical distress and seeking medical help, if necessary The Room/area in which a student is secluded may not be locked and must comply with all applicable fire and building codes, so that a student can get out if staff becomes incapacitated. Throughout the entire seclusion school personnel must document observations for a written report, and ensure presence of staff who can communicate with student via student’s primary communication mode Once a student regains control, the seclusion must end.

Emergency physical restraint Call key identified personnel for help Notify school building administration and the pupil's parent or guardian Maintain Continuous Observation Seek medical help, if necessary Ensure method of physical restraint does not restrict student’s primary mode of communication Document observations Use only until student regains control No longer than 10 minutes for all students Similarly, if school personnel initiate an Emergency Restraint, They must immediately at the onset or as soon as possible call key identified personnel for help, notify school building administration, and the pupil's parent or guardian, and ensure the method of restraint does not restrict the pupils breathing During the restraint, school personnel shall maintain continuous observation; monitoring for signs of physical distress, seeking medical help, if necessary, ensure presence of staff who can communicate with student via student’s primary communication mode, and document observations for a written report. Once a student regains control, the restraint must end.

Proportionate Response Any use of seclusion or physical restraint must be performed in a manner that is: safe; appropriate; and proportionate to and sensitive to the incident. When determining proportionality, consider the pupil’s: Severity of behavior; Chronological and developmental age; Physical size; Gender; Physical condition; Medical condition; Psychiatric condition; and Personal history, including any history of physical or sexual abuse or other trauma. Staff need to be proportionate in their response to student behavior: Any use of seclusion or restraint must be performed in a manner that is: safe; appropriate; and proportionate to and sensitive to the incident. When determining proportionality, consider the pupil’s: severity of behavior; chronological and developmental age; physical size; gender; physical condition; medical condition; psychiatric condition; and personal history, including any history of physical or sexual abuse or other trauma.

Prohibited Practices Chemical restraint Any form of child abuse Mechanical restraint Any restraint that negatively impacts breathing Prone (face down) restraint Corporal punishment Deprivation of basic needs Any form of child abuse Intentional application of noxious substance or stimulus resulting in physical pain or extreme discomfort Physical restraint other than emergency physical restraint Any other type of restraint The following practices are prohibited: Corporal punishment, as defined in section 1312 The deprivation of basic needs Child abuse Seclusion, other than emergency seclusion. The intentional application of any noxious substance or stimulus that results in physical pain or extreme discomfort. A noxious substance or stimulus is prohibited whether it is generally acknowledged or is specific to the pupil. Mechanical restraint Chemical restraint Any restraint that negatively impacts breathing Prone restraint Physical restraint, other than emergency physical restraint Any other type of restraint.

parameters & limits Extend Challenge ConNECT Discuss Your Duty to Protect and Its Relationship with Permissible and Prohibitive Practices Regarding Seclusion and physical Restraint. Extend What Responsibilities, Terminology, and/or Parameters and Limits extended your thinking Regarding Seclusion and physical Restraint? Challenge What challenges Do you anticipate in fulfilling Duty to Protect and Compliance with this Statute?

Documentation & Reporting State law requires school personnel to document and report each instance of seclusion and restraint. Documenting, debriefing and reporting each use of emergency seclusion and physical restraint

REPORTING: the basics After each use of emergency seclusion and/or physical restraint: Document in writing Provide written report to parent/guardian (within 1 school day or 7 calendar days, whichever is sooner) Make reasonable effort to debrief and consult with parents/guardians Each instance of seclusion and retreating, including multiple instances in one day must be individually document in writing. A written report of each instance must be provided to parents w/in 1 school day or 7 calendar days, whichever is sooner. In addition, school personnel must make a reasonable effort to debrief and consult w/ parents/guardians about the emergency use of seclusion or restraint.

REPORTING: the details For each incident school personnel must document the following: Date and time Race, age, grade, gender, disability status, medical condition of the student Identity of school personnel who initiated the emergency restraint or seclusion Key personnel who responded to each incident Location of incident within school Summary of incident If extended time is needed: explanation and additional support provided For each incident of emergency seclusion or emergency restraint, the district must document the following information about the incident: Date and time Race, age, grade, gender, disability status, medical condition of the student involved Identity of the school personnel who initiated the use of the emergency restraint or seclusion, Key personnel who responded to each incident, Location of incident within school, Summary of incident (e.g. antecedents/triggers, chronology of events, response to interventions, duration of seclusion/restraint). If extended time is utilized, an explanation for the extension and additional support (e.g. change of staff, introducing a nurse or specialist, or additional key identified personnel).

REPORTING: state requirements Districts must report to MDE: Each instance of a use of emergency seclusion or emergency physical restraint, A unique student identifier for the student involved. The district must report each instance of a use of emergency seclusion or emergency restraint to MDE, including a unique student identifier for the student involved in each instance.

reducing the need for emergency seclusion and/or physical restraint best practices There are many proactive, effective, evidence- and research-based strategies and best practices that school personnel may utilize to reduce the occurrence of challenging behaviors, eliminate the use of seclusion and restraint, and increase meaningful instructional time for all pupils. reducing the need for emergency seclusion and/or physical restraint

Positive Behavioral Interventions and Supports (PBIS) PBIS is a framework to assist school personnel in adopting and organizing evidence-based behavioral interventions into an integrated continuum of intensifying supports based on pupil need. PBIS includes: examination of the function of the problem behavior, and teaching of alternative skills to enhance academic and social behavior outcomes PBIS is a framework to assist school personnel in adopting and organizing evidence-based behavioral interventions into an integrated continuum of intensifying supports based on pupil need that unites examination of the function of the problem behavior and the teaching of alternative skill repertoires to enhance academic and social behavior outcomes for all pupils. PBIS includes a pupil-specific support plan composed of individualized, functional behavioral assessment-based intervention strategies, including, guidance or instruction for the pupil to use new skills as a replacement for problem behaviors, some rearrangement of the antecedent environment so that problems can be prevented and desirable behaviors can be encouraged, and procedures for monitoring, evaluating, and modifying the plan as necessary.

Prevention Strategies Student behavior is often triggered by conditions within the environment (e.g. words, actions, sounds). Teachers should be: Sensitive to student learning needs; Work to eliminate the use of these triggers to reduce the likelihood of an emergency situation. Knowing student behavior is often triggered by conditions within the environment (e.g. words, actions, sounds), teachers should be sensitive to student learning needs and work to eliminate the use of these triggers that may result in an emergency situation.

De-escalation Strategies Evidence- and research-based strategically employed verbal or nonverbal interventions used to reduce the intensity of threatening behavior before, during, and after a crisis situation occurs. De-escalation Strategies: evidence- and research-based strategically employed verbal or nonverbal interventions used to reduce the intensity of threatening behavior before, during, and after a crisis situation occurs.

Patterns of Behavior If a pupil exhibits a pattern of behavior that poses a substantial risk of creating an emergency situation in the future, school personnel are encouraged to: Conduct a functional behavioral assessment; Develop or revise a positive behavioral intervention and support plan to facilitate the elimination of the use of seclusion and restraint; Develop an assessment and planning process conducted by a team knowledgeable about the pupil. Patterns of Behavior: If a pupil exhibits a pattern of behavior that poses a substantial risk of creating an emergency situation in the future that could result in the use of emergency seclusion or emergency physical restraint, school personnel are encouraged to conduct a functional behavioral assessment, develop or revise a positive behavioral intervention and support plan to facilitate the elimination of the use of seclusion and restraint, develop an assessment and planning process conducted by a team knowledgeable about the pupil.

Stop doing... Continue doing... Reflection Start doing...

local procedures Reviewing your local policies and procedures for responding to an emergency situation

review Local Procedures Local emergency response plan Key identified personnel contact information Documentation and debriefing procedures

seclusion and physical restraint Awareness training THANK YOU! For all school personnel who have regular contact with students seclusion and physical restraint Awareness training