JGGA: Seclusion and Restraint

The district will treat all students with dignity and provide a safe learning environment for students and a safe working environment for district personnel. Seclusion and restraint interventions will be used only when necessary and in accordance with this policy, and they will never be used as a form of punishment or for the convenience of district personnel. The restrictions in this policy apply to the district and any other provider of educational or related services to the student on behalf of the district.

The board directs the superintendent or designee to train and direct district personnel to use with fidelity measures to proactively address student behaviors, such as positive behavior support techniques, and to identify students with disabilities who may need behavior intervention plans. Definitions

Behavior Intervention Plan (BIP) – A plan that sets forth specific behavior interventions for a specific student who displays chronic patterns of problem behavior.

District Personnel – All persons employed by the district or performing services on behalf of or at the direction of the district, including persons working with students as independent contractors or on behalf of an independent contractor.

Mechanical Restraint – The use of any device or equipment to restrict a student's freedom of movement. This term shall not include devices implemented by trained personnel or used by a student with a prescription for such devices from an appropriate medical or related service professional that are used for specific and approved purposes for which such devices were designed, such as the following: Adaptive devices or mechanical supports used to achieve proper body position, balance or alignment to allow greater freedom of mobility than would be possible without the use of such devices or mechanical supports;

Vehicle safety restraints when used as intended during the transport of a student in a moving vehicle;

Restraints for medical immobilization; or

Orthopedically prescribed devices that permit a student to participate in activities without risk. Physical Restraint – A personal restriction such as person-to-person physical contact that immobilizes, reduces or restricts the ability of a student to move the student's torso, arms, legs or head freely. This term shall not include: A physical escort, which is a temporary touching or holding of the hand, wrists, arm, shoulder or back for the purpose of inducing a student to walk to a safe location;

Comforting or calming a student;

Holding a student's hand to transport the student for safety purposes;

Intervening in a fight; or

Using an assistive or protective device prescribed by an appropriately trained professional or professional team. Positive Behavior Supports – A range of instructional and environmental supports to teach students prosocial alternatives to problem behavior and allow them multiple opportunities to practice prosocial skills and receive high rates of positive feedback.

Prone Restraint – Using mechanical or physical restraint or both to restrict a student's movement while the student is lying with the student's front or face downward.

Restraint – Includes, but is not limited to, mechanical restraint, physical restraint and prone restraint.

Seclusion – The involuntary confinement of a student alone in a room or area that the student is physically prevented from leaving. This term shall not include: A timeout;

In-school suspension;

Detention; or

Other appropriate disciplinary measures. Timeout – A behavior management technique that is part of an approved program, involves the monitored separation of the student in a nonlocked setting, and is implemented for the purpose of calming. Seclusion and Restraint Limitations

District personnel will reserve the use of seclusion or restraint for situations or conditions in which there is imminent danger of physical harm to self or others. Any student placed in seclusion or restraint shall be removed from such seclusion or restraint as soon as district personnel determine that the student is no longer an imminent danger to self or others. Seclusion Spaces

In the limited situations where seclusion is used, it must occur in a room that complies with applicable building codes. The space in which the student is confined should be a normal-sized meeting room or classroom commonly found in a school setting with standard lighting, ventilation, heating, cooling and ceiling height and that is free of objects that could cause harm to the student. Mechanical, Physical or Prone Restraint Limitations

District personnel are prohibited from using any mechanical, physical or prone restraint technique that: Obstructs views of the student's face;

Obstructs the student's respiratory airway, impairs the student's breathing or respiratory capacity, or restricts the movement required for normal breathing to cause positional or postural asphyxia;

Places pressure or weight on or causes the compression of the student's chest, lungs, sternum, diaphragm, back, abdomen or genitals;

Obstructs the student's circulation of blood;

Involves pushing on or into the student's mouth, nose, eyes or any part of the face or involves covering the face or body with anything including, but not limited to, soft objects such as pillows, blankets or washcloths;

Endangers the student's life or significantly exacerbates the student's medical condition;

Is purposely designed to inflict pain; or

Restricts the student from communicating. If an employee physically restrains a student who uses sign language or an augmentative mode of communication as the student's primary mode of communication, the student shall be permitted to have their hands free of restraint for brief periods unless district personnel determine that such freedom appears likely to result in harm to self or others. Parent/Guardian Notifications

The district will attempt to notify the parents/guardians of the student as soon as possible but no later than one hour after the end of the school day on which seclusion or restraint occurred. Notification will be oral or electronic and will include a statement indicating that the district or district contractor will provide the parents/guardians a copy of the report required by law and this policy within five school days. Monitoring and Reporting

District personnel shall monitor the use of student seclusion or restraint and shall complete a report for each incident that minimally contains the following: The date, time of day, location, duration and description of the incident and interventions;

Any event leading to the incident and the reason for using seclusion or restraint;

A description of the methods of seclusion or restraint used;

The nature and extent of any injury to the student;

The names, roles and certifications of any district personnel involved in the use of seclusion or restraint;

The name, role and signature of the person who prepared the report;

The name of an employee whom the parent/guardian can contact regarding the incident and use of seclusion or restraint;

The name of an employee to contact if the parent/guardian wishes to file a complaint; and

A statement directing parents/guardians to a sociological, emotional or behavioral support organization and a hotline number to report child abuse and neglect. The report will be an education record of the student. The district or district contractor will provide a copy of the report to the parent/guardian of the student within five school days, and a copy of each incident report will be given to the Department of Elementary and Secondary Education within 30 days of the incident. Training

All district personnel, as defined in this policy, will annually review this policy and district procedures involving the use of seclusion and restraint. Personnel who use seclusion or restraint shall annually complete mandatory training in the specific seclusion and restraint techniques used by the district. Retaliation Prohibited

School board members, administrators and district personnel will not retaliate against any person for reporting a violation of this policy or failure to follow state law regarding seclusion and restraint. Likewise, retaliation is prohibited against any person for providing information regarding a violation of law regulating seclusion and restraint.

Search the index for this section and the cross references to identify related policies, administrative procedures and forms.

§ 563.061, RSMo

§ 160.263, RSMo

§ 160.261, RSMo