Kingsville R-I

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P 2770 Seclusion and Restraint

Purpose

It is the purpose of this policy to:

Meet the requirements of RSMo 160.263.

Definitions:

"Authorized School Personnel" means school personnel who have received annual training in:

"Assistive technology device" means any item, piece of equipment or product system that is used to increase, maintain or improve the functional capacities of a child with a disability.

"Aversive behavioral interventions" means an intervention that is intended to induce pain or discomfort to a student for the purpose of eliminating or reducing maladaptive behaviors, including such interventions as: contingent application of noxious, painful, intrusive stimuli or activities; any form of noxious, painful or intrusive spray, inhalant or tastes; or other stimuli or actions similar to the interventions described above. The term does not include such interventions as voice control, limited to loud, firm commands; time-limited ignoring of a specific behavior; token fines as part of a token economy system; brief physical prompts to interrupt or prevent a specific behavior; interventions medically necessary for the treatment or protection of the student.

"Behavior Intervention Plan (BIP)" sets forth specific behavior interventions for a specific student who displays chronic patterns of problem behavior.

"Chemical restraint" means the administration of a drug or medication to manage a student's behavior that is not a standard treatment and dosage for the student's medical condition.

"Emergency situation" is one in which a student's behavior poses a serious, probable threat of imminent physical harm to self or others

"Functional Behavior Assessment" a formal assessment to identify the function or purpose the behavior serves for the student so that classroom interventions and behavior support plans can be developed to improve behavior. The assessment could include observations and charting of the behavior and interviews with family, teachers, and the student, so as to determine the frequency, antecedent and response of the targeted behavior.

"IEP" means a student's Individualized Education Program as defined by the Individuals with Disabilities Education Act (IDEA).

"Isolation" means the confinement of a student alone in an enclosed space without locking hardware.

"Law enforcement officer" means any public servant having both the power and duty to make arrests for violations of the laws of this state.

"Locking hardware" means mechanical, electrical or other material devices used to lock a door or to prevent egress from a confined area.

"Mechanical restraint" means a device or physical object that the student cannot easily remove that restricts a student's freedom of movement of or normal access to a portion of his or her body. This includes but is not limited to straps, duct tape, cords or garments. The term does not include assistive technology devices.

"Physical escort" means the temporary touching or holding of the hand, wrist, arm, shoulder or back for the purpose of inducing a student who is acting out or eloping to walk to a safe location.

"Physical restraint" means the use of person-to-person physical contact to restrict the free movement of all or a portion of a student's body. It does not include briefly holding or hugging a student without undo force for instructional or other purposes, briefly holding a student to calm them, taking a student's hand to transport them for safety purposes, physical escort or intervening in a fight.

"School personnel" means

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

"Section 504 Plan" means a student's individualized plan developed by the student's Section 504 multidisciplinary team after a pre-placement evaluation finding the student is disabled within the meaning of Section 504 and its implementing regulations.

"Time out" means brief removal from sources of reinforcement within instructional contexts that does not meet the definition of seclusion or isolation. Time out includes both of the following:

  1. Non-exclusionary time out: removal of reinforcers from the student without changing the physical location of the student (e.g., asking the student to put his/her head down on the desk); and
  2. Exclusionary time-out: removal of the student from participation in an activity or removal from the instructional area.

Use of Restrictive Behavioral Interventions:

Aversive interventions that compromise health and safety shall never be used by school personnel.

Communication and Training

Students with Disabilities
The foregoing policy applies to all students. However, if the IEP team determines that a form of restraint or isolation or aversive behavior intervention may be appropriate in certain identified and limited situations, the team may set forth the conditions and procedures in the IEP or Section 504 plan. Any use of restraint, isolation or aversive behavior interventions must be limited to what is set forth in the IEP or Section 504 plan. Before adding the use of restraint, isolation or aversive behavior interventions to an IEP or Section 504 plan, the student must have undergone appropriate assessments to include, but not limited to, a formal functional behavior assessment and a positive behavior intervention plan must be developed, which indicates a plan to eliminate the use of the restraint, isolation or aversive behavior intervention over time.

Reports on Use of Seclusion, Isolation, Restraint or Aversive Behavior Interventions
Districts shall maintain records documenting the use of seclusion, isolation, restraint and aversive behavior interventions showing each of the following: when, reason for use, duration, names of school personnel involved, whether students or school personnel were injured, name and age of the student, whether the student has an IEP, Behavior Intervention Plan (BIP) or other personal safety plan, when the parents were notified, if the student was disciplined, and any other documentation required by federal or state law.

Applicability of this Policy
This policy applies to all district school personnel. School personnel assigned to programs not located on district premises (hospitals, detention centers, juvenile facilities, and mental health facilities) shall follow the policy and procedure of the facility/program where they work.


Last Updated: November 2010