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

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

3. 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

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

5. 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.

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

7. 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.

8. 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

9. 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

10. 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

11. 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

12. 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

13. 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

14. 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

15. 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

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

17. 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

18. Notifications
Make reasonable effort to notify parents immediately of restraint/seclusion
May include phone, 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

19. 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 school year
Training for all teachers, administrators, and paraprofessionals phased in over 3 years, completed no later than July 1, 2019.

20. 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.

21. 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

22. 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”

23. 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

24. 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
cial/understanding_the_laws_and_regulations _governing_the_use_of_restraint_and_seclusi on_in_schools.pdf

25. QUESTIONS?