1. Restraint and Seclusion 101
A Review of the National Legislation Landscape prepared for the North Dakota Seclusion and Restraint Task Force

2. Agenda Brief History Restraint and Seclusion Legislation Summary
Questions and Comments

3. Crisis Prevention Institute
World-wide leader in crisis prevention and intervention training
35+ years providing best-practice solutions
Founding Member Restraint Reduction Network (RRN)

4. Brief History 1998 – Hartford Courant publishes Deadly Restraints
1999 – States begin to address this issue with guidelines and regulations
2009 – GAO Report Published on Seclusion and Restraint

5. Brief History 2009 – Arne Duncan Letter to Chief State School Officers
“I urge each of you to develop or review and, if appropriate, revise your State policies and guidelines to ensure that every student in every school under your jurisdiction is safe and protected from being unnecessarily or inappropriately restrained or secluded.”

6. Keeping All Students Safe Act
Brief History
Keeping All Students Safe Act
Alaska
Hawaii

7. Brief History
Every effort should be made to prevent the need for the use of restraint or seclusion.
Mechanical restraints should never be used to restrict a child's freedom of movement.
Drugs or medication should never be used to restrict a student's freedom of movement (unless as authorized by a licensed physician or other qualified health professional.
Restraint or seclusion should not be used except in situations where the student's behavior poses imminent danger of serious physical harm to self or others and should be discontinued as soon as the imminent danger(s) have dissipated.
Policies relating to the use of restraint and seclusion should apply to all students.
Behavior interventions of any type must be consistent with the student's rights to be treated with dignity and freedom from abuse.
*US Department of Education Report on Restraint and Seclusion in Schools 2012

8. Brief History
Restraint or seclusion should never be used as punishment or discipline or as a means of coercion or retaliation, or as a convenience.
Restraint or seclusion should never be used in a manner that restricts a student's breathing or causes harm to the student.
Repeated use of restraint or seclusion for an individual student should trigger a review and, if appropriate, revision of the current strategies to address behavior issues for that student.
Behavior strategies to address dangerous behavior that results in the use of restraint or seclusion should address the underlying cause or purpose of such behavior.
Teachers and other personnel should receive regular training on the appropriate use of effective alternative to restraint and seclusion, as well as the safe use of restraint and seclusion.
*US Department of Education Report on Restraint and Seclusion in Schools 2012

9. Brief History
Every instance in which restraint or seclusion is used should be carefully and continuously and visually monitored to ensure the appropriateness of its use and the safety of the student, other students, teachers and other personnel.
Parents or guardians should be informed of any restraint and seclusion policies at the student's school or other educational setting and any relevant Federal, State, or local laws.   
Parents or guardians should be notified as soon as possible following each instance in which restraint or seclusion is used with their child.
Policies regarding the use of restraint and seclusion should be reviewed regularly and updated as appropriate.
Policies regarding each incident of the use of restraint and seclusion should be documented in writing and provide for the collection of specific data that will enable teachers, staff, parents and guardians, and other personnel to understand and implement the operative principles.
*US Department of Education Report on Restraint and Seclusion in Schools 2012

10. Brief History
how the State educational agency will support local educational agencies receiving assistance under this part to improve school conditions for student learning, including through reducing
incidences of bullying and harassment;
the overuse of discipline practices that remove students from the classroom; and
the use of aversive behavioral interventions that compromise student health and safety;
*Every Student Succeeds Act 2015

11. Restraint and Seclusion Legis Summary
Alaska
Hawaii

12. Restraint and Seclusion Legis Summary

13. Restraint and Seclusion Legis Summary
Alaska
Hawaii

14. Restraint and Seclusion Legis Summary

15. Restraint and Seclusion Legis Summary

16. North Dakota Restraint and Seclusion
*As reported to the Department of Education as part of the Civil Rights Data Collection Project

17. North Dakota Restraint and Seclusion
A personal restriction that immobilizes or reduces the ability of a student to move his or her torso, arms, legs, 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.
Seclusion
The involuntary confinement of a student alone in a room or area from which the student is physically prevented from leaving. It does not include a timeout, which is a behavior management technique that is part of an approved program, involves the monitored separation of the student in a non-locked setting, and is implemented for the purpose of calming.

18. Restraint and Seclusion Considerations

19. Questions and Answers

20. Contact Information
Daniel S Gugala, J.D.
EVP of Operations and General Counsel
(w)
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