1 WA Legal and Policy Documents School Education Regulations 2000 Occupational Safety and Health Act 1984 –Occupational Safety And Health - Effective: 1 June 2005 –Violence, aggression and bullying at work. A code of practice for prevention and management Risk Management Within the Education and Training Portfolio: Policy, Procedures and Guidelines – Effective 18 April 2007 Duty Of Care For Students - Effective: 26 June 2007 Behaviour Management In Schools - Effective: 28 Jan 2008

School Education Regulations 2000 Regulation 38 inserted 24 Aug 2007 ‘A member of staff of a government school may, in the performance of the person’s functions, take such action, including physical contact with a student or student’s property, as is reasonable – –To manage or care for a student, or –To maintain or re-establish order, or –To prevent or restrain a person from: Placing at risk the safety of any person Damaging any property 2

3 “Duty of care” means a duty imposed by the law to take care to minimise the risk of harm to another. The duty requires not only protection from known hazards, but also protection from harm that could foreseeably arise and against which preventative measures can be taken. DUTY OF CARE FOR STUDENTS EFFECTIVE: 26 June 2007

4 The meaning of Reasonable Care is influenced by a number of factors: The level of care varies inversely with the age of students. The level of care is increased where students are known to behave in a manner that increases the risk of injury. Students with physical or intellectual disabilities require higher levels of care. Students who are affected by a medical condition require particular consideration. Increased care is required in relation to activities with an inherently high level of risk of injury.

5 BEHAVIOUR MANAGEMENT IN SCHOOLS DEFINITIONS: PHYSICAL CONTACT – ‘When a staff member uses physical touch but not to the level of restraint for the purpose of caring for, correcting or directing a student. In most instances this will involve little or no force’ PHYSICAL RESTRAINT – ‘When one or more staff members use bodily force, intentionally, to limit a student’s freedom of movement against their will’ Effective 28 January 2008

6 BEHAVIOUR MANAGEMENT IN SCHOOLS PROTECTIVE ISOLATION – ‘A specific form of student withdrawal that may be considered for use with students whose behaviour places them or others at risk of harm. It is a planned intervention that provides the chance for a student to be removed from their regular school environment and be placed into a location, on their own, that is safe for themselves and other’ Effective 28 January 2008

7 BEHAVIOUR MANAGEMENT IN SCHOOLS PROCEDURES (selected elements) –Documented Plans – for those students whose behaviour is at a level beyond the scope of the school’s behaviour management plan –Risk Management Plans – where a student’s behaviour is considered to present a physical risk to the safety of staff or students –Withdrawal (time out) –Protective Isolation – only to be used with the written consent of the Director, Schools Effective 28 January 2008

8 BEHAVIOUR MANAGEMENT IN SCHOOLS PHYSICAL RESTRAINT Will only be used if a student is acting in a manner that places at risk the safety of any person or there is a risk of damage to property Will only be considered once other less intrusive alternatives have failed or are deemed to be inappropriate Effective 28 January 2008

9 BEHAVIOUR MANAGEMENT IN SCHOOLS PHYSICAL RESTRAINT When restraint is used: –It will be used in such a manner as to minimise or prevent harm –Staff members will maintain communication with the student in an attempt to de-escalate the situation and end the restraint as soon as possible –It will stop as soon as staff determine the student is no longer presenting a risk to safety –The principal will provide appropriate support to staff, the students and parents as required after the restraint Effective 28 January 2008

10 BEHAVIOUR MANAGEMENT IN SCHOOLS The principal needs to ensure that the decision making process regarding planned physical restraint includes: conditions that will lead to the use of physical restraint situations in which physical restraint is not to be used with a student situations that will result in the removal of other students from the immediate environment staff willingness and ability to use physical restraint as an agreed management strategy support to be provided for staff who are involved with physical restraint advice provided by the district student services team. Effective 28 January 2008

11 BEHAVIOUR MANAGEMENT IN SCHOOLS The principal must ensure that any incidents of physical restraint are fully documented and includes: Location Witnesses Incident outline including: –Degree of force applied and how applied Student responses and outcomes Details of any injury or damage to property Effective 28 January 2008

Reasonable Use of Physical Prompts is Lawful The reasonable use of physical prompts is lawful and necessary for the good order and management of a classroom The reasonable use of touching and physical prompts in the implementation of an educational plan is lawful. Therefore, it can be implemented whether a parent has agreed to this or not. Mr Robert Castiglione, WA DET Lawyer 12