“We will lead the nation in improving student achievement.” Overview of 160-5-1-.35 Seclusion and Restraint for All Students Nancy O’Hara, Associate Superintendent.

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Presentation transcript:

“We will lead the nation in improving student achievement.” Overview of Seclusion and Restraint for All Students Nancy O’Hara, Associate Superintendent for Innovative Instruction Gregg Stevens, Assistant General Counsel Allan Meyer, Assistant Director, Policy August 30, 2010

“We will lead the nation in improving student achievement.” Agenda Welcome and Overview Prohibition of Seclusion Limitations on Restraint Student/Staff Safety Written Policies/Procedures Staff Training Documenting Cases of Restraint Parental Notification Role of Law Enforcement Questions

“We will lead the nation in improving student achievement.” Prohibition on the Use of Seclusion The new rule prohibits the use of seclusion in all public Georgia schools and educational programs.

“We will lead the nation in improving student achievement.” Prohibition on the Use of Seclusion Schools/programs that utilized seclusion in the past must identify other responses.  Responses should be clearly specified in the School Safety Plan  Responses should be based on a continuum of safe interventions.

“We will lead the nation in improving student achievement.” Limitations on Restraint The following types of restraint are expressly prohibited:  Chemical Restraint  Mechanical Restraint  Prone Physical Restraint

“We will lead the nation in improving student achievement.” Limitations on Restraint Physical Restraint:  Prohibited except for situations where students are an imminent danger to themselves or others & not responsive to other less intensive de- escalation techniques

“We will lead the nation in improving student achievement.” Limitations on Restraint Physical Restraint:  Only physical restraints listed in school/programs adopted approach can be used.  Staff must be trained in the adopted approach.  Physical restraint must immediately terminate when student in no longer an immediate danger to himself/herself or others.

“We will lead the nation in improving student achievement.” Limitations on Restraint Physical Restraint:  Physical restraint must immediately terminate if student exhibits signs or severe distress or injury.

“We will lead the nation in improving student achievement.” Student and Staff Safety When using physical restraint, school staff should take precautions necessary to ensure safety of the student and staff engaged in restraining the student.  Prone restraints are prohibited in all situations.  Training for staff and compliance with restraint program is essential to promoting student/staff safety.

“We will lead the nation in improving student achievement.” Written Policies & Procedures Schools and educational programs that utilize physical restraint as defined in rule must develop written procedures that govern its use. Procedures should be reviewed with all school or program staff. Parents must be provided information regarding the school or program’s policies governing the use of physical restraint.

“We will lead the nation in improving student achievement.” Written Policies & Procedures Written policies must include the following provisions: Staff and faculty training on the use of physical restraint and the school or programs policy and procedures

“We will lead the nation in improving student achievement.” Written Policies & Procedures Written policies must include the following provisions: Written parental notification when physical restraint is used to restrain their student within a reasonable time not to exceed one school day from the use of restraint,

“We will lead the nation in improving student achievement.” Written Policies & Procedures Written policies must include the following provisions: Procedures for observing and monitoring the use of physical restraint.

“We will lead the nation in improving student achievement.” Written Policies & Procedures Written policies must include the following provisions: Documentation of the use of physical restraint by staff or faculty participating in or supervising the restraint for each student in each instance in which the student is restrained.

“We will lead the nation in improving student achievement.” Written Policies & Procedures Written policies must include the following provisions: Procedures for the periodic review of the use of restraint and the documentation as required in the rule.

“We will lead the nation in improving student achievement.” Written Policies & Procedures Procedures should be reviewed at least annually and changes should be made as needed

“We will lead the nation in improving student achievement.” Staff Training Schools and programs that use physical restraint in accordance with the rule must ensure that staff and faculty are trained in the use of physical restraint.

“We will lead the nation in improving student achievement.” Staff Training Training shall be provided as a part of a program which addresses a full continuum of positive behavioral intervention strategies, crisis intervention, and de- escalation techniques. Staff should be trained in the physical restraint approach that is adopted or developed by the school district, school, and/or educational program.

“We will lead the nation in improving student achievement.” Staff Training GaDOE does not endorse a particular training program.

“We will lead the nation in improving student achievement.” Staff Training adopting or developing training programs, school and program administrators should select programs that are founded on evidence-based techniques and strategies that focus on:  Preventing the need for restraint  Keeping staff and students safe during required restraints

“We will lead the nation in improving student achievement.” Staff Training adopting or developing training programs, school and program administrators should select programs that are founded on evidence-based techniques and strategies that focus on:  Identification of antecedent behaviors  Use of positive behavior supports, crisis prevention, de-escalation, and conflict management

“We will lead the nation in improving student achievement.” Staff Training adopting or developing training programs, school and program administrators should select programs that are founded on evidence-based techniques and strategies that focus on:  Training in first aid  Training in cardio-pulmonary resuscitation (CPR) if staff are not readily available who are trained in CPR

“We will lead the nation in improving student achievement.” Staff Training adopting or developing training programs, school and program administrators should select programs that are founded on evidence-based techniques and strategies that focus on:  Information regarding state regulations pertaining to the use of physical restraint

“We will lead the nation in improving student achievement.” Staff Training adopting or developing training programs, school and program administrators should select programs that are founded on evidence-based techniques and strategies that focus on:  Certification for school personnel and re- certification as required by the training program

“We will lead the nation in improving student achievement.” Staff Training Schools and programs must maintain written or electronic documentation on training provided and the list of participants in each training. Records of such training must be made available to GaDOE or any member of the public upon request.

“We will lead the nation in improving student achievement.” Documentation of the Use of Restraint Use of physical restraint must be documented by staff or faculty participating in or supervising the restraint for each student in each instance in which the student is restrained. Documentation should be provided using an incident report that is completed for each student in each instance in which the student is restrained.

“We will lead the nation in improving student achievement.” Documentation of the Use of Restraint You are encouraged to develop a standard incident report form. Completed incident reports should be reviewed by school or program administrators and other staff, as appropriate, on a weekly basis.

“We will lead the nation in improving student achievement.” Documentation of the Use of Restraint Monthly summary reports should be maintained to document the use of physical restraint. This monthly summary report should be signed by the school or program administrator and maintained on file in the school.

“We will lead the nation in improving student achievement.” Documentation of the Use of Restraint Information from the individual incident reports as well as the summary reports should be used to regularly assess the effectiveness of the use of physical restraint techniques.

“We will lead the nation in improving student achievement.” Parental Notification Upon entry into a school or program that uses restraint, a student’s parents should be notified in writing that restraint may be used but are only used in situations in which the student is in immediate danger to himself/herself or others.

“We will lead the nation in improving student achievement.” Parental Notification Upon entry into a school or program that uses restraint, a student’s parents should be notified in writing that restraint may be used but are only used in situations in which the student is in immediate danger to himself/herself or others.

“We will lead the nation in improving student achievement.” Parental Notification The student’s parents or guardians should be notified each time the student is restrained. Notification should occur in writing and should include a copy of the incident report that is used to document the use restraint or seclusion. Parental notification must be provided within a reasonable amount of time not to exceed one school day from the use of restraint.

“We will lead the nation in improving student achievement.” Parental Notification Staff should immediately notify parents when their child is injured in a restrained and/or is removed from the school setting by law enforcement or medical personnel. Regardless of the method used, documentation of the parent notification should be maintained.

“We will lead the nation in improving student achievement.” Role of Law Enforcement/Medical Personnel Nothing in the restraint and seclusion rule or in this guidance document should be construed to interfere with the duties of law enforcement or emergency medical personnel. Parents should be informed as soon as possible when students are removed from the school or program setting by emergency medical or law enforcement personnel.

“We will lead the nation in improving student achievement.” Questions