Update on Physical Restraint and Seclusion CONNCASE October 14, 2016 Alyce L. Alfano, Esq.

Topics – Physical Restraint and Seclusion New law was effective July 2015 Old and new requirements State Department of Education Guidance

Public Act 15-141: An Act Concerning Seclusion and Restraint in Schools Effective July 1, 2015 Created new statute addressing physical restraint and seclusion of students in schools SDE Guidance came out on October 5, 2015 New/Changed Definitions Life-threatening physical restraint School employee Student October 2015

Review – Physical Restraint Any mechanical or personal restriction that immobilizes or reduces the free movement of a person’s arms, legs or head.

Physical Restraint Physical restraint does not include: Briefly holding a person in order to calm or comfort the person; Restraint involving the minimum contact necessary to safely escort a person from one area to another; Medical devices, including, but not limited to, supports prescribed by a health care provider to achieve proper body position or balance; Helmets or other protective gear used to protect a person from injuries due to a fall; or Helmets, mitts and similar devices used to prevent self injury when the device is part of an Individualized Education Program (“IEP”) or medical plan prescribed by a medical professional.

Physical Restraint May NOT use physical restraint, except as an emergency intervention to prevent imminent or immediate injury to the student or another person.

Review - Seclusion The involuntary confinement of a student in a room, whether alone or with supervision, in a manner that prevents the student from leaving that room. Seclusion does not include any confinement of a student in which the person is physically able to leave the area of confinement including, but not limited to, in-school suspension and time- out.

Use of Physical Restraint and Seclusion No school employee may use physical restraint on a student or place a student in seclusion except as emergency intervention to prevent immediate or imminent injury to the student or to others School employees are prohibited from using physical restraint or seclusion unless they have been trained Similar language in existing regulations

Impact of Newer Definitions Prone restraints prohibited Law applicable to: ALL students K-12 in public schools Students receiving special education (ages 3-21) Students in the process of being evaluated for special education Special education students at facility under contract with LEA All students enrolled in program operated by a RESC Special education students at approved private program

Legal Changes Seclusion may ONLY be used as an emergency intervention: Prevent immediate or imminent injury Not used for discipline or convenience Not used as substitute for less restrictive alternative Removed language permitting seclusion to be used as part of a student’s IEP BUT… SDE Guidance: Permits inclusion in a BIP as a “planned intervention” under certain circumstances Area used must have a window/fixture allowing student a clear line of sight beyond the area of seclusion

SDE Guidance Distinguishes between “emergency responses” (i.e., emergency restraint/seclusion) and “planned interventions” Emergency responses are NOT included in an IEP Seclusion may be used as a “behavior intervention” ONLY if: FBA conducted and BIP developed Action specified in IEP via BIP Other less restrictive interventions tried and were ineffective

SDE Guidance An emergency is an “unplanned response” Non-emergency: Physical aggression Self injurious behavior Non-emergency: Throwing objects (not directed) Leaving an area Tipping chairs Destruction of property (if not immediate danger) Roaming/running around class Inappropriate vocalizations Refusals

SDE Guidance If using seclusion as a planned intervention, district must: Document justification in IEP, including assessment data Include in IEP: Location of seclusion Max length of time of any seclusion Number of times per day Frequency of monitoring Other relevant information agreed to by the team

SDE Guidance Seclusion is not a “place” It is the act of confining a student in a room Student can be secluded in any area: class, hall, office etc., whether designated or not for such purpose However, keep in mind room specifications, including: Size Ceiling height Heating/ventilation Unbreakable observable window *Note: Does not apply if room is cleared Clear line of sight

Legal Changes Limited to time necessary for student to compose him/herself, i.e., deescalate; however … If restraint/seclusion exceeds 15 minutes, must have “determination” as to whether continued use is necessary as an emergency intervention: Administrator trained in seclusion/restraint School health or mental health personnel trained in seclusion/restraint BCBA trained in seclusion/restraint New determination thereafter every 30 minutes

Monitoring Physical restraint: continuously monitored Involuntary seclusion: “frequently monitored” Query: minimal legal requirement versus good practice

Meeting Requirements Whenever physical restraint or seclusion used on a student 4 or more times within 20 school days: Regular education student: Administrator, at least one teacher, parent and, if any, mental health professional must meet, conduct or revise behavioral assessment of student and behavior intervention plan and determine whether student requires referral to special education NOTE Best Practice: Should consider referral to sped prior to 4 incidents Special education student (or pending evaluation): PPT must convene to conduct or revise behavioral assessment and create or revise any applicable BIP, including, but not limited to student’s IEP

Notifications Make reasonable effort to notify parents immediately of restraint/seclusion May include phone, email or note home with child (SDE Guidance) MUST notify parents within 24 hours Note: Must also send copy of the incident report no later than two business days after the emergency use of restraint/seclusion

Legal Changes - Training LEA must provide training to: School professionals Paraprofessional staff members Administrators Regarding restraint and seclusion of students (prevention/proper means of physical restraint or seclusion) Must be trained on overview of new laws from SDE during 2015- 2016 school year Training for all teachers, administrators, and paraprofessionals phased in over 3 years, completed no later than July 1, 2019.

Documentation Documentation requirements for incidents of restraint/seclusion remain unchanged Nature of emergency Attempts at de-escalation Detailed description of nature of restraint/seclusion Duration Whether use of seclusion was in accordance with an IEP Note: Documentation requirements satisfied by use of SDE model forms.

Crisis Intervention Team Effective July 1, 2015: Each school must identify a crisis intervention team Consist of trained school professionals, paraprofessionals, administrators “[S]hall respond to any incident in which the use of physical restraint or seclusion may be necessary….” Annual recertification for crisis team members

Policies and Procedures Each board shall develop policies and procedures for monitoring and internal reporting of the use of physical restraint and seclusion Make available on website and board’s “procedures manual”

Watch for New Regulations SDE must develop/revise regulations concerning physical restraint and seclusion Within 60 days after adoption of new regulations, boards must update their policies/procedures

Helpful Resources SDE Restraint and Seclusion Forms 2015 Parent Notification of the Laws Relating to Restraint and Seclusion Guidance Relating to 2015 Legislation Understanding the Laws Concerning Restraint and Seclusion http://www.sde.ct.gov/sde/lib/sde/pdf/deps/spe cial/understanding_the_laws_and_regulations _governing_the_use_of_restraint_and_seclusi on_in_schools.pdf

QUESTIONS?