North Calloway Elementary July 23, 2013. 704 KAR 7:160 Effective February 1, 2013 Use of physical restraint and seclusion in public schools All school.

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Presentation transcript:

North Calloway Elementary July 23, 2013

704 KAR 7:160 Effective February 1, 2013 Use of physical restraint and seclusion in public schools All school personnel shall be trained Must be completed prior to start of year

704 KAR 7:160 Training 1) All school personnel shall be trained in state administrative regulations and school district policies and procedures regarding physical restraint/seclusion. 2) All school personnel shall be trained annually to use an array of positive behavioral supports and interventions to: Increase appropriate student behaviors Decrease inappropriate or dangerous student behaviors; and Respond to dangerous behavior.

704 KAR 7:160 Training Continued 3) All Staff Required Training Content Appropriate procedures for preventing the need for physical restraint/seclusion, including positive behavioral supports and interventions State administrative regulations and school district policies and procedures regarding physical restraint/seclusion Proper use of positive reinforcement The continuum of use for alternative behavioral interventions

704 KAR 7:160 Training Continued Crisis prevention De-escalation strategies for responding to inappropriate or dangerous behavior, including verbal de-escalation, and relationship building Proper use of seclusion Core team shall be designated at each school to respond to dangerous behavior All school personnel shall receive communication form the district identifying core team members

Physical Restraint Physical restraint means a personal restriction that immobilizes or reduces the ability of a student to move the student’s torso, arms, legs or head freely. Does not include: Temporary touching or holding of the hand, wrist, arm, shoulder, or back for the purpose of encouraging a student to move voluntarily to a safe location; A behavioral intervention, such as proximity control or verbal soothing, used to calm and comfort; Less restrictive physical contact to promote safety Physical guidance or prompting when teaching a skill or redirecting the student’s attention.

When Physical Restraint Cannot Be Used As punishment or discipline To force compliance or to retaliate As a substitute for appropriate educational or behavioral support To prevent property damage, except as permitted under KRS Chapter 503 As a school safety measure As a convenience for staff

What Restraint Cannot Be Used Mechanical restraint Chemical restraint Aversive behavioral interventions Physical restraint that is life threatening Prone or supine restraint Physical restraint if you know that physical restraint is contraindicated based on the student’s disability, health care needs, or medical or psychiatric condition.

When Restraint May Be Implemented By all school personnel if the student’s behavior poses an imminent danger of physical harm to self or others By core team personnel as permitted under KRS , , and The physical restraint does not interfere with the student’s ability to communicate The student’s physical and psychological well-being are monitored for the duration of restraint Less restrictive behavioral interventions have been ineffective in stopping the imminent danger of physical harm to self or others

When Restraint Must End Student’s behavior no longer poses imminent danger of physical harm to self or others; or A medical condition occurs putting the student at risk of harm.

Seclusion Seclusion means the involuntary confinement of a student alone in a room or area from which the student is prevented from leaving, but does not mean timeouts, supervised in-school detentions, or out-of-school suspensions.

When Seclusion Cannot Be Used As a punishment or discipline To force compliance or to retaliate As a substitute for appropriate educational or behavioral support To prevent property damage in the absence of imminent danger of physical harm to self or others As a routine school safety measure As a convenience for staff As a substitute for timeout

When Seclusion May BE Implemented The student’s behavior poses an imminent danger of physical harm to self or others The student is visually monitored for the duration of the seclusion Less restrictive interventions have been ineffective in stopping the imminent danger of physical harm to self or others School personnel implementing the seclusion are appropriately trained to use seclusion

When Seclusion Must End Student’s behavior no longer poses imminent danger of physical harm to self or others; or A medical condition occurs putting the student at risk of harm.

Seclusion Requirements A setting used for seclusion shall: Be free of objects and fixtures with which a student could inflict physical harm to self/others Provide school personnel a view of the student at all times Provide adequate lighting and ventilation Be reviewed by district administration to ensure programmatic implementation of guidelines and data related to its use Have an unlocked and unobstructed door Have at least an annual fire and safety inspection

District Policies and Procedures – Use of Physical Restraint and Seclusion All School Personnel Use of physical restraint by all school personnel is permitted when a student’s behavior poses an imminent danger of physical harm to self or others in clearly unavoidable emergency circumstances. In such situations, staff who have not had core team training may physically restrain students, but shall summon core trained school personnel as soon as possible. In all situations involving use of physical restraint (including restraint by core trained personnel): The student shall be monitored for physical and psychological well being for the duration of the restraint. Personnel shall use only the amount of force reasonably believed necessary to protect the student or others from imminent danger of physical harm.

District Policies and Procedures – Use of Physical Restraint and Seclusion Continued Core Trained Personnel School personnel who have undergone core team training may also use physical restraint after less restrictive behavioral interventions have been ineffective in stopping misbehavior as noted below: In nonemergency circumstances when a student’s behavior poses an imminent danger of physical harm to self or others; As provided in KRS (including when personnel believe physical restraint is necessary to protect themselves against the use or imminent use of unlawful physical force);KRS As provided in KRS (including when personnel believe physical restraint is necessary to protect a third person against the use or imminent use of unlawful physical force);KRS To prevent property damage as provided in KRS Chapter 503 (including when personnel believe physical restraint is immediately necessary to prevent intentional or wanton property destruction, theft, or a felony involving the use of force); and As provided in KRS (including when personnel believe physical restraint is necessary to maintain reasonable discipline in a school, class, or other group, and the force used is not designed to cause or known to create a substantial risk of causing death, serious physical injury, disfigurement, extreme pain, or extreme mental distress).KRS

District Policies and Procedures – Use of Physical Restraint and Seclusion Continued Seclusion may be implemented only if: the student’s behavior poses an imminent danger of physical harm to self or others; less restrictive interventions have been ineffective in stopping the imminent danger of physical harm; the student is monitored visually for the duration of the seclusion; and staff are appropriately trained to use seclusion.

District Policies and Procedures – Use of Physical Restraint and Seclusion Continued Notification requirements The Principal of the school shall be notified as soon as possible when seclusion or physical restraint is used, but no later than the end of the school day on which it occurs. Parents must be notified either verbally or through electronic communication as soon as possible within twenty-four hours of the incident.

District Policies and Procedures – Use of Physical Restraint and Seclusion Continued D EBRIEFING S ESSION If the parent or emancipated student requests a debriefing session following use or parental notification of the use of physical restraint or seclusion, individuals who are to participate shall be those specified by state regulation. A requested debriefing session shall occur as soon as practicable, but no later than five (5) school days following receipt of the request from the parent or emancipated youth, unless a meeting is delayed by written mutual agreement of the parent/emancipated student and the school. The debriefing session shall address elements specified by state regulation, and all documentation used during the session shall become part of the student’s education record.

District Policies and Procedures – Use of Physical Restraint and Seclusion Continued P ARENT C OMPLAINTS (S EE CC P OLICY & 10.2) Parents may submit a complaint regarding the physical restraint or seclusion of their child using the Board’s grievance policy and procedures. On receipt of a complaint, the District and school shall investigate the circumstances surrounding the physical restraint or seclusion, make written findings, and, where appropriate, take corrective action. The Superintendent/designee shall review and respond to any statement received from a student’s licensed physician that the student is not to be subjected to physical restraint.

District Policies and Procedures – Use of Physical Restraint and Seclusion Continued D OCUMENTATION All incidents involving physical restraint or seclusion shall be documented by a written record of each use by the end of the next school day, and the documentation shall be maintained in the student’s education record. In addition, each entry shall be informed by an interview with the student and include information required by 704 KAR 007: KAR 007:160 Specified data related to incidents of physical restraint and seclusion shall be reported in the state student information system. At the end of each school year, the Superintendent/designee shall review data on District use of physical restraint and seclusion to identify any recommendations to be made to the Board for policy and procedure revisions.

References 704 KAR 007:160 KRS Chapter 503: KRS , KRS , KRS , KRS KRS KRS KRS KRS Use of Physical Restraint and Seclusion Calloway County Board Policy