Seclusion and Restraint GUIDELINES AND Overview of State BOE rule Adapted in part from Georgia DOE Presentation August 2010 authored by: Nancy O’Hara, Associate Superintendent for Innovative Instruction Gregg Stevens, Assistant General Counsel Allan Meyer, Assistant Director, Policy Click mouse button or hit “Enter” key to advance the presentation 2012-2013 School Year

Introduction In order to protect the safety of students and staff the Georgia State Board of Education has adopted Rule 160-5-1-.35: SECLUSION AND RESTRAINT FOR ALL STUDENTS, which prohibits the use of seclusion and limits the use of restraint to those situations in which students are a danger to themselves or others. This presentation is designed to provide awareness and guidance for Dalton Public Schools’ staff in following the state rule and district policy and guidelines. Unless otherwise noted, the information provided in this presentation is from “Guidance for State Board of Education Rule 160-5-1-.35 SECLUSION AND RESTRAINT FOR ALL STUDENTS” published by the DOE July 8, 2010

Rule Rationale In some schools and educational programs, seclusion and restraint have been used as a response to situations in which students’ behavior poses an imminent danger to themselves or others. Throughout the country, some students have been also placed in seclusion rooms or restrained as a means of discipline or as a punitive measure to obtain compliance. Both students and staff have been injured in secluding and restraining students and, in some cases, students have died in seclusion rooms or during the process of being restrained.

Prohibition on the Use of Seclusion The state rule prohibits the use of seclusion in all public Georgia schools and educational programs. Definition of Seclusion A procedure that isolates and confines the student in a separate area until he or she is no longer an immediate danger to himself/herself or others. The seclusion occurs in a specifically constructed or designated room or space that is physically isolated from common areas and from which the student is physically prevented from leaving. Seclusion may also be referred to as monitored seclusion, seclusion timeout, or isolated timeout. Seclusion does not include situations in which a staff member trained in the use of de-escalation techniques or restraint is physically present in the same unlocked room as the student, time- out as defined in paragraph (1)(g) of the rule, in-school suspension, detention, or a student-requested break in a different location in the room or in a separate room.

Q&A about Seclusion Does the prohibition of seclusion prevent a student from being placed in time-out? No, students can be removed from the instructional activity and placed in another location in the classroom or other instructional setting. A student may be placed in time-out for a short, pre-determined period of time if he/she is not confined in a separate room or isolated setting. The classroom staff should be able to see the child placed in time-out to promote his/her safety. If a student is frequently placed in time-out, the school staff should analyze the behaviors that result in the student being placed in time-out and other interventions should be considered and implemented. If a student, who is demonstrating behavior that presents an immediate danger to himself/herself or others, requests a break in a different location, is this considered seclusion if another adult is in the room with the student? No, students may use this technique as a form of self-imposed de-escalation.

Q&A about Seclusion Does the prohibition of seclusion prevent a student from being removed from the classroom or other instructional setting to another location where the student works with a staff member trained in de-escalation techniques? No, students may be removed to another setting such as a staff member’s office or another location in the school if he/she can be safely transported to the location. Does the prohibition of seclusion prevent the use of in-school suspension? No, in-school suspension is not considered to be seclusion and is not prohibited in Georgia schools and educational programs. Doesn’t the prohibition of seclusion interfere with my rights as a teacher to remove disruptive students from my classroom? No. Under paragraph (2)(i) of the rule, teachers may utilize classroom management techniques including removing a disruptive student from the classroom. However, the student must not be placed in seclusion.

Limitations on Restraint Physical Restraint: Prohibited except for situations where students are an imminent danger to themselves or others and not responsive to other less intensive de-escalation techniques The following types of restraint are expressly prohibited: Chemical Restraint Mechanical Restraint Prone Physical Restraint

Limitations on Restraint Restraint should never be used: When the student is responsive to less intensive interventions and de-escalation techniques such as verbal commands and directives As a form of discipline or punishment, as a means to obtain compliance, or as a replacement for less restrictive alternatives. When students cannot be safely restrained due to the size of the student or staff or for any other reason. When the use of the intervention would be contraindicated due to the student’s psychiatric, medical, or physical conditions as described in the student’s educational records.

Limitations on Restraint Physical Restraint: Only physical restraints listed in a district’s adopted approach can be used. Staff must be trained in the adopted approach. Physical restraint must immediately terminate when student is no longer an immediate danger to himself/herself or others. Dalton Public Schools uses the Mindset curriculum Staff from each school and the central office have been trained and certified in appropriate physical restraint.

Q&A on Restraint If a student is taking medication at school as prescribed by a physician to address attention and/or behavioral issues, could additional medication be given to the student to control the student’s behavior or limit his movement when the student is an imminent danger to himself or others? No. The medication should only be given with the same dosage and frequency as prescribed. In no instances should the dosage and frequency be altered by school staff to control the student’s behavior or limit his or her movement or behavior. Could a weighted vest that is used to address sensory issues in children with sensory integration disorders be used to control behavior or restrict the student’s freedom of movement? No. Weighted vests should only be used for the purpose and manner described by a physician, physical therapist or occupational therapist.

Q&A on Restraint Does this rule prevent a teacher from grabbing a student to prevent the student from entering traffic? No. The rule’s definition of physical restraint specifically excludes limited physical contact necessary to promote student safety. This includes the limited physical contact necessary to prevent the student from entering traffic. Would a law enforcement officer be allowed to place a student in handcuffs on school property? Yes. Nothing in the restraint and seclusion rule interferes in any way with the duties of law enforcement personnel. Is there any part of the rule that would prohibit staff from breaking up a fight in the school or educational program? No. School staff must take reasonable actions needed to protect students from harm. Staff may use physical restraints to break up a fight when the students are an imminent danger to themselves or others and the students do not respond to less intensive interventions. Nothing in the rule prohibits a staff member from defusing a fight or physical altercation.

Written Policies & Procedures Schools and educational programs that utilize physical restraint as defined in the rule must develop written procedures that govern its use. Dalton Public Schools’ staff are to follow policy JGF(2) and regulation JGF(2)-R(1). Both documents are available online on the BOE website found at daltonpublicschools.com.

DPS Physical Restraint Regulation Use of Physical Restraint (DPS Regulation JGF(2)-R(1)) 1. If a staff member who has not received training in physical restraint has to physically restrain a student in an emergency situation to prevent injury to a student or others when a trained individual is not available, he or she should ask others, if present, to request assistance immediately. 2. When a student exhibits behaviors that place the student or others in imminent danger and the student is not responsive to verbal directives or less intensive de-escalation techniques, teachers and administrators are authorized to use physical restraint in accordance with training techniques. 3. The use of physical restraint should not be used if the student cannot be safely restrained due to the student’s or staff member’s size or for any other reason; if restraint is intended for discipline or punishment, as a means to obtain compliance, or as a replacement for less restrictive alternatives; or, if the use of physical restraint is contraindicated due to the student’s psychiatric, medical, or physical conditions as described in the student’s educational records.

DPS Physical Restraint Regulation Use of Physical Restraint (DPS Regulation JGF(2)-R(1)) 4. If an incident arises that warrants physical restraint, a trained staff member should be notified as soon as reasonably possible. If possible, a trained individual will conduct the restraint and a trained individual will observe and monitor the restraint. 5. All physical restraint must be immediately terminated when the student is no longer an immediate danger to himself or others or if the student is observed to exhibit signs of severe distress or injury. 6. The school Principal/Program Administrator or designee will notify the student’s parent or guardian in writing, including a copy of the incident report, each time a student is restrained. Notification should be made no less than one school day from the use of the restraint.

DPS Physical Restraint Documentation Documentation (DPS Regulation JGF(2)-R(1)) 1. The Principal will designate appropriate staff or faculty members to create and maintain documentation for each student in each instance in which a student is restrained. 2. A Restraint Incident Report Form must be completed for each student in each instance in which a student is restrained. The document is included in Infinite Campus. 3. Incident or other summary reports will be created and maintained in accordance with any requirements of the State Department of Education and existing record retention schedules. 4. Dalton Public Schools’ Student Services and Exceptional Student Services administrators and other staff, as appropriate, will review completed incident reports on a regular basis to assess the effectiveness of the use of physical restraint techniques in meeting the needs of students. 5. Dalton Public Schools’ Student Services and Exceptional Student Services administrators will use the results obtained through review of the incident or other summary reports to assist them in determining what options may be implemented to more effectively meet the needs of students.

DPS Parental Notification Parental Notification (DPS Regulation JGF(2)-R(1)) 1. Dalton Public Schools will provide information to students’ parent(s) or guardian(s) about the policies governing the use of physical restraint and that physical restraint will be used only in situations in which the student is in immediate danger to himself/herself or others and the student is not responsive to verbal directives or other less intensive de-escalation techniques. 2. Parents or guardians will be notified in writing each time their student is restrained, which will include a copy of the incident report that is used to document the use of restraint. Such notice will be provided within one school day from the use of restraint.

Staff Training and Follow-up DPS has trained 75 staff members in the Mindset curriculum. Whenever possible a trained staff member should respond to any situation in which physical restraint is necessary – even if called after-the-fact as support for completing documentation and notification. School administration can provide information on which staff members are trained. All incidents of restraint should be reviewed by school administration and student services.