Presentation on theme: "Iowa Department of Education"— Presentation transcript:
1 Iowa Department of Education Amended Administrative Rules on Corporal Punishment, Restraint, and Physical Confinement and DetentionIowa Department of Education
2 Amended RulesRules on corporal punishment, restraint, and physical confinement and detention have changedChanges effective November 12, 2008Rules add a training requirementNOTE FOR PRESENTER: There was a period of widely publicized public comment, public hearings, and two state board meeting where these amendments were considered.
3 Training Requirement“All school employees, before using physical restraint or physical confinement and detention, shall receive adequate and periodic training, which shall be documented…”Iowa Admin. Code r ¶ 2NOTE TO PRESENTER: The amount of training required depends on the nature of the employee’s responsibilities. It is not necessary for all staff to have extensive training, but some extensive training is required for certain staff.
4 Training Subjects●Chapter 103 and the employer’s policies and procedures● Positive behavior interventions and supports● Disciplinary options to seclusion & restraint● Crisis prevention, crisis intervention, crisis de-escalation techniques● Student and staff debriefing● Safe, effective use of restraint and confinement and detention
5 Chapter 103’s Purpose [103.1]Provide guidance to employees of AEAs, LEAs, and accredited nonpublic schools.Limits on physical contact with studentsForce used must be reasonableProvide guidance on physical restraintProvide guidance on use of “time-out” rooms – the function, not the name, determines the Chapter’s applicabilityNOTES TO PRESENTERS:Chapter 103 only applies to employees of LEAs, AEAs, and accredited nonpublic schools. It does not apply to non-accredited “schools,” to residential facilities, to “school resource officers” not employed by schools, etc.Remember that the name of the room or the restraint technique is not determinative. Example: “We don’t use ‘time-out’ rooms. We use ‘cool-down’ rooms.”
6 Ban on Corporal Punishment [103.2] Banned: “An employee of a public school district, accredited nonpublic school, or [AEA] shall not inflict, or cause to be inflicted, corporal punishment on a student.”Defined: “The intentional physical punishment of a student,” including “the use of unreasonable or unnecessary physical force, or physical contact made with the intent to harm or cause pain.”NOTE TO PRESENTER: This part of the regulation was not changed in the 2008 amendments. The clause on “harm or cause pain” eliminates several common aversives used in other states (e.g., hot pepper sauce placed in a student’s mouth).
7 What Corporal Punishment Is Not [103.3] “Verbal recrimination or chastisement”Reasonable requests in physical education or extracurricular athleticsActions consistent with an IEP, but an IEP cannot violate the IDEADetentions in a seat for reasonable periods, unless (a) this counts as “physical confinement and detention” or (b) “mechanical restraints” are usedActions taken against nonstudentsNOTES TO PRESENTERSOffensive verbal conduct by a staff. Offensive verbal conduct may violate some other law or regulation, but it would not violate chapter 103.IEPs must comply with state standards (34 C.F.R. § ), including state rules on seclusion and restraint (Letter to Anonymous, 50 IDELR 228 (OSEP 2008)).Remember, “detention” in a seat, as the practice is customarily used in Iowa’s schools, is not regulated by this chapter.
8 Material Restraints [103.3] ● Material (mechanical) restraints may not be used to confine or restrain students.● This term does not include safety, therapeutic, or medical devices, if used as designed and prescribed.● If a device is used improperly, that use violates these rules.NOTES TO PRESENTER:Example: A student uses a rifton chair because of physical needs and the inability to sit upright. This use is permissible. Using a rifton chair because a child cannot or does not sit still in morning circle time is not permissible.
9 Exceptions & Privileges [103.4] No employee is forbidden from ...“Using reasonable and necessary force, not designed or intended to cause pain” to accomplish …● “Quell a disturbance” or stop an act that threatens harm● Obtain a weapon or dangerous object from a student● Self-defense or the defense of others● Protection of property● Remove a disruptive student from school, school property, or school activities● Protect a student from self-inflicted harm● Protect the safety of othersReasonable and necessary depends on the facts of each case. These items are self-explanatory, but the application of reasonableness and necessity to these exceptions requires thought and judgment. Example: The amount of force “reasonable and necessary” to prevent property damage will vary based on the degree of threatened property damage (breaking a teacher’s pencil [question whether physical force is ever reasonable in this case] vs. breaking a computer). For further discussion on the nature of reasonableness and the law, please contact your organization’s attorney.
10 Exceptions & Privileges [103.4] No employee is forbidden from ...“Using incidental, minor, or reasonable physical contact to maintain order and control.”Remember …An employee may not use unreasonable force to do any of the items in rule 103.4NOTE TO PRESENTER: This is important. Not every contact with a student will be considered a “restraint.”
11 What is “reasonable force”? [103.5] Whether force is reasonable depends on the facts of each case, considering 5 factors:Size, physical, mental, psychological condition of the studentNature of behavior or misconductInstrumentality used to apply forceExtent of injury to student, if anyEmployee’s motivation in using forceNOTE TO PRESENTER: These factors illustrate the complex and fact-specific nature of determining whether an employee used reasonable force. The employee’s motivation (factor 5) will usually be determined by circumstantial evidence (which is still evidence and admissible in court). Example: We can infer a teacher acted out of anger when he used force out of anger when, in the moments leading up to the restraint, the teacher’s voice escalated in volume and he stated, “Don’t make me tell you again!”
12 What is “reasonable force”? [103.5] Remember …“Reasonable physical force, privileged at its inception, does not lose its privileged status by reasons of an injury to the student, not reasonably foreseeable or otherwise caused by intervening acts of another, including the student.”NOTE TO PRESENTER: Sometimes things happen even when an employee is acting reasonably. If, in the exercise of reasonable force, a student is injured, the student’s injury does not automatically make the force unreasonable.
13 Physical Confinement & Detention [103.6] Defined: “confinement of a student in a time-out room or some other enclosure, whether within or outside the classroom, from which the student’s egress is restricted”Not included: time-out at a desk, in a corner, at the back of a class, in the hall, afterschool detention, typical in-school suspension arrangementsNOTE TO PRESENTERS: The items listed as “not included” are very important.
14 Physical Confinement & Detention [103.6] The room itself:● Area of reasonable dimensions and free from hazards, “considering the age, size, and physical and mental condition of the student”● Sufficient light and adequate ventilation● Comfortable temperature, consistent with the facility including the enclosureNOTE TO PRESENTERS: These factors are self-evident, with little change from current rules.
15 Physical Confinement & Detention [103.6] Time of confinement and detention● Period of confinement and detention must be “reasonable,” considering child’s age, condition● Reasonable breaks for bodily needs (sleep does not count)● If period exceeds 60 minutes or typical class period (whichever is shorter), staff must (a) obtain administrator (or designee) approval and (b) comply with directives and conditions on continued confinement and detention.NOTES TO PRESENTERS:Seclusion is only permitted for “reasonable” periods. A 60 minute seclusion is not permitted if it is longer than reasonable.If a reasonable period of detention exceeds the shorter of 60 min. or the organization’s typical class period, staff must seek administrator approval. The administrator’s decision to approve continued confinement is based on reasonableness of continued confinement. The administrator is not bound to approve or disapprove continued confinement.The purpose of this requirement is the State Board’s judgment that administrator leadership is required for lengthy confinements.
16 Physical Confinement & Detention [103.6] Additional requirements● “Adequate and continuous adult supervision” is mandatory.● Material restraints must not be used to maintain confinement and detention.● If a locking mechanism is used, the mechanism must comply with all building and fire codes and either► operate only when held in place by an adult (Staff shall not disable these mechanisms so they do not require an adult to hold in place.) or release when the building’s alarms sound► open from the inside when lock is releasedNOTES TO PRESENTERS:Adequate and continuous is not read by the Department to mean non-stop, line-of-sight view of the student, and the Department rejected that suggestion made by two commentators. The continuous supervision requirement may be met by an adult within proximity of the seclusion room who may readily detect changes in the student's status and respond with swiftness. The DE would expect periodic visual assessments of students (through a window, cctv, etc.), though it will not require such visual assessment be non-stop.Disabling pressure locks so that an adult is not required to hold the lock in place is prohibited (e.g., duct taping the button down).
17 Additional Mandatory Minimum Procedures [103.7] The rules are mandatory, but an agency may adopt additional policies and procedures.Required procedures include:Use of restraint and confinementTraining on restraint and confinementParent notificationDocumentation
18 Definition of Physical Restraint The application of physical force by 1 or more individuals that reduces or restricts another individual’s ability to move his or her arms, legs, or head freely. This does not include the temporary holding of an individual to assist with participation in activities of daily living (ADLs) without the risk of physical harm to an individual.Welfare League of America (2002)NOTE TO PRESENTERS: Not all instances of physical contact with a student is a restraint. Hand-over-hand instruction would not meet this definition. If an employee does not reduce/restrict free movement of a student’s arms, legs, or head, the employee does not use “restraint.” Ex: A child is in a fight, and a staff member (using proper technique) intervenes. Even if the employee touches the student, “restraint” is not used if movement of the student’s arms, legs, or head is not restricted.
19 Use of Seclusion and Restraint Shall not be used as “discipline for minor infractions”May “only be used if other disciplinary techniques have been attempted,” if reasonableNote: need not use alternatives if not reasonablePeriod of restraint shall be reasonable and necessary in durationNOTE FOR PRESENTERS: Why don’t we use seclusion and restraint for minor infractions? The research shows this approach makes negative behavior worse and more frequent.
20 Restraint: Additional Provisions [103.8] No employee shall use prone restraint.Defined: “held face down”If used in an emergency, staff must take immediate steps to end the prone restraint.No employee shall use any restraint that obstructs a child’s airway.If a child signs or uses an augmentative mode of communication, the child must be allowed to have hands free to communicate, unless harm appears likely to result.Remember, this rule does not alter any immunity from lawsuit granted by statute.NOTES FOR PRESENTERS:Prone restraint. Science suggests the prone restraint is unsafe and unmanageable. Prone restraint has been a precipitating factor in positional asphyxiation, resulting in death. If one must use a prone restraint in an emergency, the use of the prone restraint lasts only so long as the emergency lasts. If possible, roll the child to the child’s side.Obstruction of airway? The issue to be addressed is restraints around the neck (“choke holds”) or that cover the mouth.Immunities? The statute creates certain immunity from suit for staff, which these rules do not alter. For more information on this technical legal topic, contact your organization’s attorney.
21 Notice to Parents [103.7] Notice to parents annually of these rules of any additional policy and procedureAttempt to notify parents on the day of an instance of restraint or confinement & detentionProvide a written copy of documentation to parentspostmarked within three days of instanceparents may elect to receive documents by or faxNOTES FOR PRESENTER:Three notices to parents:Annual notice of the use of restraint.Notice (or attempts) on the day of an instance.Copy of written documentation to parents, postmarked within three days of the instance.
22 Documentation Required [103.7] Schools shall maintain documentation for each instance of restraint or confinement.Purposes of documentation requirementAccurate record of each instanceRequired notice to parentsUse for decision making (student, classroom, building, district)NOTES TO PRESENTERS: Remember, it is hard to prove a set of facts without written documentation. Also, this documentation is extremely useful for program planning and evaluation.
23 Documentation Contents Name of student involvedName of employees involved, including the administrator authorizing any additional period of confinementDateTimeDurationNOTE TO PRESENTERS: These required elements are self-explanatory.
24 Documentation Contents Actions of student before, during, and after incidentActions of employees before, during, and after incident (including student and staff debriefing)Alternatives to restraint or confinement attempted (if any)A description of injuries (to student or others) and property damageA description of future approaches to students’ behavior (i.e., meet to revise IEP)NOTES TO PRESENTERS:Respect the FERPA rights of other students in documentation to parents.If information from staff debriefing would be privileged or otherwise protected from disclosure, please protect that information by removing it from documentation provided to parents (In that case, “staff were debriefed” would be sufficient documentation to parents).
25 Additional Policies and Procedures Does your district, AEA, or accredited nonpublic school have additional policies or procedures?If so, you are required to follow them.NOTE TO PRESENTERS: Add any additional policies for your agencies.
26 Disciplinary options to seclusion & restraint Why should schools care about options to seclusion and restraint?A range of options increase the effectiveness of responses to unacceptable behavior.Using seclusion or restraint when other options would work decreases the effectiveness of seclusion and restraint.By rule, seclusion and restraint shall not be used as “discipline for minor infractions.” Iowa Admin. Code r ¶ 1.NOTE FOR PRESENTER: The law and the research compel us to be prudent with our use of seclusion and restraint.
27 Disciplinary options to seclusion & restraint Options include …RedirectionOffering choicesTime-out at the student’s deskTime-out in a location in the classroomThe options employed should match the function of the child’s behavior (avoidance, attention, etc.) and should address both prevention and consequences.NOTES: The options are self-evident.
28 Crisis Prevention, Crisis Intervention, Crisis De-escalation If a crisis is avoided, all benefit.What is a crisis? If safety is an issue, you are probably in a crisis.A calm approach to a crisis with an opportunity for a student to take an alternative action is the foundation for avoiding, resolving, or terminating a crisis.NOTES TO PRESENTERS: Calm reactions and proactive approaches improves the safety of all involved.
29 Crisis Prevention, Crisis Intervention, Crisis De-escalation Maintain a calm voice and demeanor.Provide clear guidelines for the child.If the child has a behavior plan, follow it.Provide a more attractive alternative option for the child to choose.Above all, remember your safety, the child’s safety, and the safety of others.NOTE TO PRESENTERS: Calm! Calm! Calm! There is a reason that crisis counselors do not shout ultimatums to persons in crisis. If they don’t do so, neither should school employees.
30 De-escalation techniques Examples include:Talking in a calm voiceAdults moving in slow movements providing minimal startles to individualOffering choicesProviding clear guidelinesRemoving stressorsProviding calming items or activitiesNOTES TO PRESENTERS: Notice the need for calmness. Choice-making is also important. If the child has the opportunity to make a choice, the likelihood of a preferred (if not good) outcome is increased.
31 Behavior Intervention Plan vs. Crisis If child has a Behavior Intervention Plan for this situation, follow the plan.The plan should be matched to the function of behavior and would be the appropriate response to an expected crisis condition.If the child does not have a Behavior Intervention Plan for this situation it is most likely because it is a new situation, a student who is not “prone” to this type of situation, or the adults available are unaware.FOLLOW DE-ESCALATION PROCEDURESNOTES: If a child has a behavior plan, follow it. If not, use the de-escalation procedures in the next slide.
32 Student and Staff Debriefing “Debrief” is defined by the American Heritage Dictionary (4th ed. 2000) as follows: “To question to obtain knowledge or intelligence gathered especially on a military mission.”The rules use this word in its broadest possible meaning.Purpose: to gather useful informationNOTES TO PRESENTERS: Debriefing is given the broadest possible meaning (Some programs give a technical meaning to the word.). The DE views “debriefing” as a means to gather useful information to understand a bad outcome (or good outcome) to improve future outcomes.
33 Student and Staff Debriefing Some information that might be usefulWhat happened?Do you understand why it happened?Why did you do what you did?What could you have done instead?What could you do if there is a “next time”?How can we help you if there is a “next time”?How can we help you so there will not be a “next time”?NOTE TO PRESENTERS: The questions are self-explanatory. Audience members may have additional suggested questions. Remember to consider the function of the student’s behavior when planning debriefing. For example, if the original behavior served an escape from a non-preferred task, it is most likely best to engage in debriefing after the student has completed the original task. Likewise, if the original behavior served an attention function, allowing some time between the child’s calming and debriefing will prevent the student from getting attention that might reinforce the original problem behavior.
34 Safe and Effective Use of Seclusion & Restraint Remember, safety first.Your safetyThe safety of the student and othersCertain things to rememberThe student’s condition (age, physical condition, presence of weapon)Control of the student (immobilization of the student, but only to the extent necessary)Protection of the student (avoid actions that threaten the student’s health or safety)NOTE TO PRESENTERS: This slide summarizes many of the themes from prior slides.
35 Safe and Effective Use of Seclusion & Restraint What are the purposes of seclusion and restraint?Does the use of seclusion and restraint in a particular case advance one of those purposes?Is seclusion and restraint used only when necessary?NOTE TO PRESENTERS: Seclusion and restraint must be purposeful. Ask “Why?” “Why am I doing this?” “Am I using seclusion and restraint only when necessary?” If a staff member uses it in unnecessary instances, the staff member harms the student, the staff member, and the educational environment.
36 For More Information … Feel free to contact your district’s director of special educationyour AEAthe Iowa Department of EducationPresenters should add additional local resources and specific contact information.
38 Prevention is KeyPBIS is a broad range of systemic and individualized strategies for achieving important social and learning outcomes while preventing problem behavior.*Contributed by OSEP Center on PBIS
39 Positive Behavior Interventions and Supports (PBIS) What does the research say about PBIS?PBIS has been shown to increase preferred behaviors, increase student time spent in instruction, decrease office referrals, and decrease suspensions.Lohrmann et al. (2008)…… reliance on exclusionary and punishment-centered disciplinary practices without pro-active supports has been shown to increase problem behavior.Mayer (1995)NOTICE TO PRESENTERS: Science supports PBIS.
40 CONTINUUM OF SCHOOL-WIDE BEHAVIOR SUPPORT individualizedsystems for high-risk studentsTertiary Prevention5%15%SecondaryPreventionspecialized groupsystems for at-risk studentsCONTINUUM OF SCHOOL-WIDE BEHAVIOR SUPPORTPrimaryPreventionschool and classroom-wide systems for all students, staff, and settings80%ofStudents
41 2. NATURAL 1. SOCIAL SKILL CONTEXT 3.BEHAVIOR EXAMPLES Teaching Matrix SETTINGAll SettingsHallwaysPlaygroundsCafeteriaLibrary/Computer LabAssemblyBusRespect OurselvesBe on task.Give your best effort.Be prepared.Walk.Have a plan.Eat all your food.Select healthy foods.Study, read, compute.Sit in one spot.Watch for your stop.Respect OthersBe kind.Hands/feet to self.Help/share with others.Use normal voice volume.Walk to right.Play safe.Include others.Share equipment.Practice good table mannersWhisper.Return books.Listen/watch.Use appropriate applause.Use a quiet voice.Stay in your seat.Respect PropertyRecycle.Clean up after self.Pick up litter.Maintain physical space.Use equipment properly.Put litter in garbage can.Replace trays & utensils.Clean up eating area.3Push in chairs.Treat books carefully.Pick up.Treat chairs appropriately.Wipe your feet.Sit appropriately.2. NATURALCONTEXT1. SOCIAL SKILL3.BEHAVIOREXAMPLES
42 Positive Behavior Interventions and Supports (PBIS) Positive relationships and positive interactions increase the likelihood of appropriate (positive) student responses.Teaching positively stated expectations (“do…”), not negative (“do not”)Defining clear, equitable, predictable consequences for meeting expectationsDefining clear, equitable, predictable consequences for not meeting expectationsFocus on teaching acceptable replacement behaviorsNOTES TO PRESENTERS: Positive teaching equals positive behaviors. Extinguishing negative behaviors is only one piece of the puzzle. One must also teach positive replacement behaviors.
43 Examples of Data Decision Making Office Discipline ReferralsHow many does it take before further action?What is the action? Attendance Assignments GradesHow many does it take beforefurther action?What is the action?
44 Using Data School-Wide What’s happening? Are we meeting our goals? Are we doing what we said we would?Individual StudentsWhat do we do next?Data will tell us if it is a systemic problem that needs to be addressed or if it is a student problem. There are guidelines that help teams determine between the two , for example if 40% of the school enrollment have referrals – it is a systems problem.
45 Continuum of Assessment and Support Specialized individualinterventionFunctionalanalysis1 - 2 %3 – 7%5 – 15%80 -85%Specialized individualinterventionFunctionalBehavioralassessmentSimplefunctionalassessmentSpecialized groupinterventionsAssessmentof systemsUniversalinterventions(Crone, Horner 2003)
47 Supplemental Supports For those students who exhibit difficulties despite proactive school-wide prevention effortsLikely to be students with both academic & behavioral challengesApproximately 10% of school population
48 The Problem-solving Process 1. Define the problem.What is the problem and why is it happening?4. Evaluate.Did our plan work?2. Develop a plan.What are we going to do?3.Implement the plan.Carry out the intervention.
49 Conduct Brief Functional Assessment Is the behavior maintained by peer attention?Is the behavior maintained by escape from social interaction?Is the behavior related to lack of academic skills?Escape Motivated BEPReduce adult interactionUse escape as a reinforcerBEP + Academic SupportIncrease academic supportPeer Motivated BEPAllow student to earn reinforcers to share with peersHorner, Hawken, Marsh
50 Requirements for Supplemental Interventions Targeted, individualized or small group interventions based on functional behavioral assessment information social skills instruction behavioral programmingMultiple opportunities forhigh rates of academic successDaily behavioral monitoring -Self and/or adultRegular, frequentopportunities forpositive reinforcementHome-school connection
51 Critical Features of Supplemental Interventions Intervention is continuously available Rapid access to intervention (less than a week) Very low effort by teachers Positive system of support Implemented by all staff/faculty in a school Flexible intervention based on assessment (FBA) Consistent with school-wide expectations Adequate resources (admin, team) Weekly meetings Student chooses to participate Continuous monitoring for decision-making
52 Remember… targeted-level students. Without school-wide prevention, we cannot reliably identifytargeted-level students.
53 The research says to ….Create systems-based preventive continuum of behavior supportFocus on adult behaviorUtilize data based decisionsGive priority to academic successInvest in evidence-based practicesTeach & acknowledge behavioral expectationsWork from a person-centered, function-based approach
55 DE Contacts Challenging Behaviors Barb Rankin (515)Positive Behavior Supports (PBIS) Susan Bruce (515)For questions about the law, feel free to contact Thomas Mayes ( ) or Carol Greta ( ).
56 Thanks!Again, thank you for your work on behalf of Iowa’s children and families!Please feel free to contact the Iowa Department of Education or your trainer if you require further information:Thank you for presenting!