It is the policy of the Board to limit the use of seclusion and restraint in the education and discipline of students with disabilities to circumstances in which the strategy can be used safely in a manner that is in the best interests of the student and as defined in this policy.

The seclusion of a student with disabilities shall not be permitted except when the conditions described in this policy exist. Seclusion may also be subject to any conditions in the student's IEP and any BIP established for the student in addition to the conditions established in this policy.

School personnel may not close, lock, or physically block a student with disabilities in a room that is unlit and does not meet rules of the State Fire Marshal for seclusion time-out rooms. An enclosure used for seclusion of a student shall have the same ceiling height, lighting, ventilation, and temperature as the surrounding room or rooms. The room or enclosure shall be large enough to accommodate the student being isolated and any other person necessary to accompany that student. The room or enclosure may only be equipped with a magnetic locking device and such device can only be engaged by "constant human contact". The enclosure or room shall comply with all applicable health, fire and emergency safety requirements, and the student placed in seclusion shall be included in any evacuation or safety plan or drill for the facility. The enclosure or room shall not be named, labeled, or referred to by a staff member so as to label or stigmatize a student placed in the enclosure or room.

An enclosure or room used for seclusion must be constructed of materials or objects that cannot injure or be used by a student to injure self or others. It must be designed so that a student cannot climb up the walls and shall allow continuous visual monitoring of the student by a staff member. The room shall have a view panel that meets the dimensions stipulated in Rule 69A-58.0084, F.A.C. The staff member shall be assigned to supervise the isolated student and see the student at all times.

A student with disabilities shall not be isolated for more than thirty (30) minutes after the student stops the specific behavior for which seclusion was imposed or any other behavior for which seclusion would be an appropriate response according to this policy.

A student with disabilities shall not be subjected to physical or mechanical restraint except as specifically authorized in this policy. Restraint of any kind shall not be used in any instance in which the sole justification is to punish the student for a violation of a directive from a staff member, violation of student conduct rule, the student's use of vulgar or profane language, a verbal threat, or a display of disrespect for another person. A verbal threat shall not be considered as sufficient justification for the use of physical or mechanical restraint unless a student has immediate access to the means of acting on the threat.

Physical or mechanical restraint shall not be used if there is a medical contraindication to its use identified for the student, and shall only be applied and supervised by a staff member who has been trained in the safe application and supervision of the specific means of restraint applied.

Physical or mechanical restraint may be used on a student if an emergency requires the use of the restraint. As used here, "emergency" means circumstances in which a staff member reasonably believes that application of a restraint on the student is necessary in response to a physical risk of harm to the student or others.

A mechanical restraint may be used on a student if the student's therapist or treating physician has authorized the use of the mechanical restraint before the restraint is applied. A mechanical restraint shall be applied and supervised by a staff member who is trained and competent to apply and supervise the specific mechanical restraint utilized. While a student is subject to a mechanical restraint, a staff member shall continuously monitor the student and the impact of the mechanical restraint on the student.

A restraint shall only be used as necessary to contain the behavior of the student until the student is no longer an immediate threat of causing physical injury to self or others. The use of force in the application of the restraint shall not exceed the force that is reasonably necessary in the circumstances justifying the use of the restraint.

A student shall be released from physical or mechanical restraint immediately upon a determination by the supervising staff member administering or overseeing the use of restraint that the circumstances permitting the use of restraint in this policy no longer exist.

Mechanical restraint may only be used on a student with disabilities in circumstances other than the conditions described above if the mechanical restraint is used to address the medical or physical needs of the student, protect a student who is known to be at risk of injury to himself/herself because of a lack of coordination or frequent loss of consciousness, provide proper body alignment to a student, or position a student who has physical disabilities in a manner prescribed in the student's IEP.

In determining whether a student who is being physically or mechanically restrained should be moved from the area where the need was first noted or the restraint was first applied, the supervising staff member shall consider the potential for injury to the student and the educational and emotional well-being of the restrained student and other students who would observe the application of the restraint.

Employees shall receive training in the safe use of seclusion and physical or mechanical restraint.

The Superintendent shall require that staff members responsible for implementing this policy receive training that includes:

The Superintendent shall also require that appropriate training is provided for the immediate supervisors to provide that those measures are only implemented as permitted in this policy.

The following must be included in the incident report:

A school shall notify the parent or guardian of a student with disabilities each time manual physical restraint or seclusion is used. Such notification must be in writing and provided before the end of the school day on which the restraint or seclusion occurs. Reasonable efforts must also be taken to notify the parent or guardian by telephone or computer e-mail, or both, and these efforts must be documented. The school shall obtain, and keep in its records, the parent’s or guardian’s signed acknowledgement of notice of the restraint or seclusion.

A school shall also provide the parent or guardian with the completed incident report in writing by mail within three (3) school days after a student with disabilities was manually physically restrained or secluded. The school shall obtain, and keep in its records, the parent’s or guardian’s acknowledgement that he or she received a copy of the incident report.

Documentation prepared as required in this policy shall be provided to the school principal, the district director of Exceptional Student Education, and the bureau chief of the Bureau of Exceptional Education and Student Services electronically each month that the school is in session.

Discipline of a staff member for violation of this policy shall take into account the degree to which the violation risked serious bodily injury to a student and the staff member's history of compliance with this policy and other Board policies. No Board employee shall be permitted to retaliate against a person for reporting or objecting to actions in violation of this policy or providing information regarding a violation of this policy.

The Superintendent is authorized to issue administrative guidelines, directives, and forms as needed to fully implement this policy and document compliance.

F.S. 1003.573

Adopted 1/18/11