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Policies By Article

5400 - Restraint and Seclusion Policy

  1. PURPOSE AND PHILOSOPHY
    Weber School District recognizes that every student should have the opportunity to learn in an environment that is safe, conducive to the learning process, and free from unnecessary disruption.  At times, student behavior may present an immediate danger requiring emergency safety interventions. Behavioral interventions for students should promote and facilitate their safety and dignity. This policy outlines restrictions on, and allowable uses of, emergency safety interventions for all students.

  2. DEFINITIONS
    • 2.1. "Discipline" includes:
      • 2.1.1. Imposed discipline; and
      • 2.1.2. Self-discipline.
    • 2.2. "Disruptive student behavior" includes:
      • 2.2.1. The grounds for suspension or expulsion described in Utah Code Ann., Section 53A-11-904; and
      • 2.2.2. The conduct described in Utah Code Ann., Subsection 53A-11-908(2)(b).
    • 2.3. "Emergency safety intervention" means the use of seclusion or physical restraint when a student presents an immediate danger to self or others, and the intervention is not for disciplinary purposes.
    • 2.4. "Immediate danger" means the imminent danger of physical violence/aggression towards self or others likely to cause serious physical harm.
    • 2.5. “Mechanical restraint” means the use of a device as a means of restricting a student’s freedom of movement.
    • 2.6. “Physical escort” means a temporary touching or holding of the hand, wrist, arm, shoulder, or back for the purpose of guiding a student to another location.
    • 2.7. "Physical restraint" means a personal restriction that immobilizes or  reduces the ability of an individual to move the individual's torso, arms, legs, body, or head freely.  The term physical restraint does not include a physical escort. Physical escort means a temporary touching or holding of the hand, wrist, arm, shoulder, or back for the purpose of inducing a student who is acting out to walk to a safe location.
    • 2.8. "School" means any public elementary or secondary school within the District.
    • 2.9. "School employee" means:
      • 2.9.1. A school teacher;
      • 2.9.2. A school staff member;
      • 2.9.3. A school administrators; or
      • 2.9.4. Any other person employed, directly or indirectly, by Weber School District.
    • 2.10. "Seclusion" means the involuntary confinement of a student alone in a room or area from which the student is physically prevented from leaving. Seclusion is not timeout as that term is defined in this policy. In addition to the foregoing, and consistent with Utah Administrative Code R277-609, seclusion means that a student is:
      • 2.10.1. Placed in a safe enclosed area:
        • 2.10.1.1. by school personnel; and
        • 2.10.1.2. in accordance with the requirements of Utah Administrative Code R392-200, which provides requirements for the design, construction, operation, sanitation, and safety of schools; and R710-4-3, which provides fire safety requirements;
      • 2.10.2. Purposefully isolated from adults and peers; and
      • 2.10.3. Prevented from leaving, or reasonably believes that the student will be prevented from leaving, the enclosed area.
    • 2.11. “Timeout” means a behavior management technique that may be part of an approved treatment plan involving the separation of the student from the group, in a non-locked setting, for the purpose of calming. Timeout is not seclusion.

  3. TRAINING
    Appropriate school personnel will receive ongoing training in:
    • 3.1. Crisis intervention;
    • 3.2. Emergency Safety Intervention professional development; and
    • 3.3. Policies related to emergency safety interventions consistent with evidence based practices.

  4. PROHIBITED PRACTICES
    Emergency Safety Interventions should not include:
    • 4.1. Physical restraint, except when a student presents a danger of serious physical harm to self or others.
    • 4.2. Physical restraint that obstructs the airway of a student, or any physical restraint that adversely affects a student's primary mode of communication;
    • 4.3. Prone, or face-down, physical restraint; supine, or face-up, physical restraint;
    • 4.4. Mechanical restraint, except those protective, stabilizing or required by law, any device used by a law enforcement officer in carrying out law enforcement duties, seatbelts, car seats, or any other safety equipment when used to secure students during transportation, including bus harnesses. Use of a bus harness should be approved by the Director of Special Education and written into a student’s Behavior Intervention Plan (BIP).
    • 4.5. Chemical restraint, except as:
      • 4.5.1. Prescribed by a licensed physician, or other qualified health professional acting under the scope of the professional's authority under State law, for the standard treatment of a student's medical or psychiatric condition; and
      • 4.5.2. Administered as prescribed by the licensed physician or other qualified health professional acting under the scope of the professional's authority under state law;
    • 4.6. Seclusion, except when a student presents an immediate danger of serious physical harm to self or others.
    • 4.7. For a student with a disability, emergency safety interventions written into a student's Individualized Education Program (IEP), as a planned intervention, unless school personnel, the family, and the IEP team agree less restrictive means which meet circumstances described in Utah Admin. Code R277-608-4 have been attempted, a Functional Behavior Assessment (FBA) has been conducted, and a (BIP) based on data analysis has been written into the plan and implemented. Use of ESI as a planned intervention under this paragraph requires approval from the Director of Special Education after consultation with a District-level behavior specialist.

  5. PHYSICAL RESTRAINT AND SECLUSION
    • 5.1. If an employee physically restrains a student or puts a student in seclusion:
      • 5.1.1. The school or the employee shall notify the student's parent or guardian and school administration consistent with Section 7; and
      • 5.1.2. The employee must immediately terminate physical restraint or seclusion when the student is no longer an immediate danger or if the student is in severe distress. The use of restraint should be for the minimum time necessary and never for more than 30 minutes.
      • 5.1.3. The school shall use a release criteria.
      • 5.1.4. The school shall ensure that any door remains unlocked.
      • 5.1.5. The school shall maintain the student within line of sight of the employee.
    • 5.2. The District will not use physical restraint or seclusion as a means of discipline or punishment.

  6. EMERGENCY SAFETY INTERVENTION COMMITTEE (Human Rights Committee)
    • 6.1. The District shall establish an Emergency Safety Intervention (ESI) Committee. The District ESI Committee shall include:
      • 6.1.1. At least two administrators;
      • 6.1.2. At least one parent or guardian of a student enrolled in the District, appointed by the District; and
      • 6.1.3. At least two certified educational professionals with behavior training and knowledge in both state rules and District discipline policies;
    • 6.2. The District ESI Committee shall:
      • 6.2.1. Meet often enough to monitor the use of emergency safety intervention in the District.
      • 6.2.2. Determine and recommend professional development needs.

  7. PARENT/GUARDIAN NOTIFICATION
    • 7.1. When ESI is used, the school shall notify the District and the student's parent or guardian within 24 hours. The ESI shall be documented for student file. Documentation and notice shall also be documented within student information systems (SIS) records. The school shall provide a parent or guardian with a copy of notes and documentation taken during the use of ESI upon request of the parent or guardian. A parent or guardian may request a time to meet with school staff and administration to discuss the incident that required use of ESI.
    • 7.2. In addition a District shall:
      • 7.2.1. Provide notice to parents and information about resources available to assist a parent in resolving the student’s disruptive behavior;
      • 7.2.2. Provide for notices of disruptive behavior to be issued by schools to qualifying minor(s) and parent(s) consistent with:
        • 7.2.2.1. Numbers of disruptions and timelines in accordance with Utah Administrative Code Section 53A-11-910;
        • 7.2.2.2. School resources available; and
        • 7.2.2.3. Cooperation from the appropriate juvenile court in accessing student school records, including attendance, grades, behavioral reports and other available student school data.

  8. ALLOWABLE USE
    • 8.1. Consistent with Utah Code Ann. Section 53A-11-802, nothing in this policy shall prohibit an employee from using reasonable and necessary physical restraint in self-defense or when otherwise appropriate to:\
      • 8.1.1. obtain possession of a weapon or other dangerous object in the possession or under the control of a student;
      • 8.1.2. protect a student or another individual from physical injury; or
      • 8.1.3. remove from a situation a student who is violent or threatening.
    • 8.2. Nothing in this policy prohibits a school employee from using less intrusive means, including a physical escort, to address circumstances described in Section 8.1.

Approved by the Board 06/13/2018

Restraint, Seclusion

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