Britton Deerfield School District
Bylaws & Policies
 

5630.01 - STUDENT SECLUSION AND RESTRAINT

This policy is intended to provide the framework for organizational supports that result in effective interventions based on team-based leadership, data-based decision-making, continuous monitoring of student behavior, regular universal screening and effective on-going professional development. The District is committed to investing in prevention efforts and to teach, practice and reinforce behaviors that result in positive academic and social outcomes for students.

In the event that staff members need to restrain and/or seclude students, it must be done in accordance with this policy, which is intended to:

 

A.

promote the care, safety, welfare and security of the school community and the dignity of each student;

   
 

B.

encourage the use of proactive, effective, evidence and research based strategies and best practices to reduce the occurrence of challenging behaviors, eliminate the use of seclusion and restraint, and increase meaningful instructional time for all students; and

   
 

C.

ensure that seclusion and restraint are used only as a last resort in an emergency situation and are subject to diligent assessment, monitoring, documentation and reporting by trained personnel.

In furtherance of these objectives, the District will utilize Positive Behavioral Interventions and Supports (PBIS) to enhance academic and social behavior outcomes for all students. PBIS implemented by the District will include socially valued and measurable outcomes, empirically validated and practical practices, systems that efficiently and effectively support implementation of these practices, and continuous collection and use of data for decision-making.

EMERGENCY SECLUSION

 

A.

Prohibited Practices and Limitations on Use

   
 

The following practices are prohibited under all circumstances, including emergency situations:

   
 

1.

confinement of students who are severely self-injurious or suicidal

   
 

2.

corporal punishment, as defined in M.C.L. 380.1312(1) of the revised school code, 1976 PA 451

   
 

3.

the deprivation of basic needs

   
 

4.

anything constituting child abuse

   
 

5.

seclusion of pre-school children

   
 

6.

seclusion that is used for the convenience of school personnel

   
 

7.

seclusion as a substitute for an educational program

   
 

8.

seclusion as a form of discipline or punishment

   
 

9.

seclusion as a substitute for less restrictive alternatives, adequate staffing or school personnel training in PBIS

   
 

10.

when contraindicated based on (as documented in a record or records made available to the school) a student's disability, health care needs, or medical or psychiatric condition

     
 

B.

Definition of Emergency Seclusion

   
 

Seclusion means the confinement of a student in a room or other space from which the student is physically prevented from leaving. Seclusion does not include the general confinement of students if that confinement is an integral part of an emergency lockdown drill required under Section 19(5) of the Fire Prevention Code, 1941 PA 207, M.C.L. 29.19, or of another emergency security procedure that is necessary to protect the safety of students.

   
 

Emergency seclusion is a last resort emergency safety intervention involving seclusion that is necessitated by an ongoing emergency situation and that provides an opportunity for the student to regain self-control while maintaining the safety of the student and others.

   
 

To qualify as emergency seclusion, there must be continuous observation by school personnel of the student and the room or area used for confinement:

   
 

1.

must not be locked

   
 

2.

must not prevent the student from exiting the area should staff become incapacitated or leave that area

     
 

3.

must provide for adequate space, lighting, ventilation, viewing, and the safety of the student

   
 

4.

must comply with State and local fire and building codes

   
 

C.

Time and Duration Emergency seclusion should not be used any longer than necessary, based on research and evidence, to allow a student to regain control of his/her behavior to the point that the emergency situation necessitating the use of emergency seclusion is ended, but generally no longer than:

   
 

1.

fifteen (15) minutes for an elementary school student;

   
 

2.

twenty (20) minutes for a middle school or high school student

   
 

If an emergency seclusion lasts longer than the suggested maximum times above, the following are required:

   
 

1.

additional support (which may include change of staff, introducing a nurse or specialist, or additional key identified personnel)

   
 

2.

documentation to explain the extension beyond the time limit

Additional procedures and requirements applicable to both seclusion and restraint are set out below.

EMERGENCY RESTRAINT

 

A.

Prohibited Practices

   
 

The following procedures are prohibited under all circumstances, including emergency situations:

   
 

1.

mechanical restraint

   
 

2.

chemical restraint

   
 

3.

corporal punishment as defined in 380.1312(1) of the revised school code, 1976 PA 451, otherwise known as the Corporal Punishment Act

   
 

4.

the deprivation of basic needs

   
 

5.

anything constituting child abuse

   
 

6.

restraint that is used for the convenience of school personnel

   
 

7.

restraint as a substitute for an educational program

   
 

8.

restraint as a form of discipline or punishment

   
 

9.

restraint as a substitute for less restrictive alternatives, adequate staffing or school personnel training in PBIS

   
 

10.

when contraindicated based on (as documented in a record or records made available to the school) a student's disability, health care needs, or medical or psychiatric condition

   
 

11.

any restraint that negatively impacts breathing, including any positions, whether on the floor, facedown, seated or kneeling, in which the student's physical position (e.g., bent over) is such that it is difficult to breathe, including situations that involve sitting or lying across an individual's back or stomach

     
 

12.

prone restraint (the restraint of a person face down)

   
 

NOTE: School personnel who find themselves involved in the use of a prone restraint as the result of responding to an emergency must take immediate steps to end the prone restraint.

   
 

13.

the intentional application of any noxious substance(s) or stimuli that results in physical pain or extreme discomfort

   
 

A noxious substance or stimuli can either be generally acknowledged or specific to the student.

   
 

14.

physical restraint, other than emergency physical restraint

     
 

15.

any other type of restraint not expressly allowed

   
 

B.

Definition of Restraint

   
 

Restraint means an action that prevents or significantly restricts a student's movement. Physical restraint is intended for the purposes of emergency situations only, in which a student's behavior poses imminent risk to the safety of the individual student or to the safety of others. An emergency situation requires an immediate intervention.

   
 

Emergency physical restraint is a last resort emergency safety intervention involving physical restraint that is necessitated by an ongoing emergency situation and that provide an opportunity for the student to retain self-control while maintaining the safety of the student and others. An emergency situation requires an immediate intervention. Emergency physical restraint may not be used in place of appropriate less restrictive interventions.

     
 

There are three (3) types of restraint: physical, chemical, and mechanical.

     
 

1.

Physical restraint involves direct physical contact.

   
 

Restraint does not include actions undertaken for the following reasons:

   
 

a.

to break up a fight

   
 

b.

to take a weapon away from a student

   
 

c.

to briefly hold the student (by an adult) in order to calm or comfort him/her

   
 

d.

to have the minimum contact necessary to physically escort a student from one area to another

   
 

e.

to assist a student in completing a task/response if the student does not resist or if resistance is minimal in intensity or duration

   
 

f.

to hold a student for a brief time in order to prevent an impulsive behavior that threatens the student's immediate safety (e.g., running in front of a car)

   
 

g.

to stop a physical assault as defined in M.C.L. 380.1310

   
 

h.

actions that are an integral part of a sporting event, such as a referee pulling football players off from a pile or similar action

   
 

2.

Chemical Restraint is the administration of medication for the purpose of restraint.

   
 

Restraint does not include administration of medication prescribed by and administered in accordance with the directions of a physician.

     
 

3.

Mechanical Restraint means the use of any device, article, garment, or material attached to or adjacent to a student's body to perform restraint.

   
 

Restraint does not include the following:

   
 

a.

an adaptive or protective device recommended by a physician or therapist (when it is used as recommended)

   
 

b.

safety equipment used by the general student population as intended (e.g., seat belts, safety harness on school transportation)

   
 

C.

Time and Duration

   
 

Restraint should not be used:

   
 

1.

any longer than necessary, based on research and evidence, to allow students to regain control of their behavior to the point that the emergency situation necessitating the use of emergency physical restraint is ended; and

   
 

2.

generally no longer than ten (10) minutes.

   
 

If an emergency restraint lasts longer than ten (10) minutes, all of the following are required:

   
 

1.

additional support, which may include a change of staff, or introducing a nurse, specialist, or additional key identified personnel

   
 

2.

documentation to explain the extension beyond the time limit

Additional procedures and requirements applicable to both seclusion and restraint are set out below.

USE OF EMERGENCY SECLUSION/RESTRAINT

 

A.

When to Use Emergency Seclusion/Restraint

   
 

Seclusion/restraint must be used only under emergency situations and if essential. Emergency situation means a situation in which a student's behavior poses imminent risk to the safety of the individual student or to the safety of others. An emergency situation requires an immediate intervention.

   
 

B.

General Procedures for Emergency Seclusion/Restraint:

   
 

1.

An emergency seclusion/restraint may not be used in place of appropriate, less restrictive interventions.

     
 

2.

Emergency seclusion/restraint shall be performed in a manner that is:

   
 

a.

safe;

   
 

b.

appropriate; and

   
 

c.

proportionate to and sensitive to the student's:

   
 

1)

severity of behavior;

   
 

2)

chronological and developmental age;

   
 

3)

physical size;

   
 

4)

gender;

   
 

5)

physical condition;

   
 

6)

medical condition;

     
 

7)

psychiatric condition; and

   
 

8)

personal history, including any history of physical or sexual abuse or other trauma.

   
 

3.

School personnel shall call key identified personnel for help from within the school building either immediately at the onset of an emergency situation or, if it is reasonable under the particular circumstances for school personnel to believe that diverting their attention to calling for help would increase the risk to the safety of the student or to the safety of others, as soon as possible once the circumstances no longer support such a belief.

   
 

4.

While using emergency seclusion/restraint, staff must do all of the following:

   
 

a.

involve key identified personnel to protect the care, welfare, dignity, and safety of the student

   
 

b.

continually observe the student in emergency seclusion for indications of physical distress and seek medical assistance if there is a concern

   
 

c.

document observations

   
 

d.

ensure to the extent practicable, in light of the ongoing emergency situation, that the emergency seclusion/restraint does not interfere with the student's ability to communicate using the student's primary mode of communication

   
 

e.

ensure that at all times during the use of emergency seclusion/restraint there are school personnel present who can communicate with the student using the student's primary mode of communication

     
 

5.

Each use of an emergency seclusion/restraint and the reason for each use shall be documented and reported according to the following procedures:

   
 

a.

document in writing and report in writing or orally to the building administration immediately

   
 

b.

report in writing or orally to the parent or guardian immediately

   
 

c.

a report shall be written for each use of seclusion/restraint (including multiple uses within a given day) and the written report(s) provided to the parent or guardian within the earlier of one (1) school day or seven (7) calendar days

   
 

6.

After any use of an emergency seclusion/restraint, staff must make reasonable efforts to debrief and consult with the parent or guardian, or the parent or guardian and the student (as appropriate) regarding the determination of future actions.

   
 

C.

Students Exhibiting a Pattern of Behavior

   
 

If a student exhibits a pattern of behavior that poses a substantial risk of creating an emergency situation in the future that could result in the use of emergency seclusion/restraint, school personnel should do the following:

   
 

1.

conduct a functional behavioral assessment

   
 

2.

develop or revise a PBIS plan to facilitate the reduction or elimination of the use of seclusion/restraint

     
 

3.

develop an assessment and planning process conducted by a team knowledgeable about the student, including at least:

 
 

a.

the parent or guardian

   
 

b.

the student (if appropriate)

   
 

c.

people who are responsible for implementation of the PBIS plan

   
 

d.

people who are knowledgeable in PBIS

   
 

4.

develop a written emergency intervention plan ("EIP") to protect the health, safety, and dignity of the student. An EIP may not expand the legally permissible use of emergency seclusion/restraint.

   
 

The EIP should be developed by a team in partnership with the parent or guardian. The team shall include:

   
 

1.

a teacher;

   
 

2.

an individual knowledgeable about legally permissibly use of seclusion/restraint; and

   
 

3.

an individual knowledgeable about the use of PBIS to eliminate the use of seclusion/restraint.

   
 

The EIP should be developed and implemented by taking all of the following documented steps:

   
 

1.

describe in detail the emergency intervention procedures

   
 

2.

describe in detail the legal limits on the use of emergency seclusion/restraint, including examples of legally permissible and prohibited uses

   
 

3.

inquire of the student's medical personnel (with parent or guardian consent) regarding any known medical or health contraindications for the use of seclusion/restraint

   
 

4.

conduct a peer review by knowledgeable staff

   
 

5.

provide the parent or guardian with all of the following, in writing and orally:

   
 

a.

A detailed explanation of the PBIS strategies that will reduce the risk of the student's behavior creating an emergency situation.

   
 

b.

An explanation of what constitutes an emergency, including examples of situations that would fall within and outside of the definition.

   
 

c.

A detailed explanation of the intervention procedures to be followed in an emergency situation, including the potential use of emergency seclusion/restraint.

   
 

d.

A description of possible discomforts or risks.

   
 

e.

A detailed explanation of the legal limits on the use of emergency seclusion/restraint, including examples of legally permissible and prohibited uses.

   
 

f.

Answers to any questions.

     
 

A student who is the subject of an EIP should be told or shown the circumstances under which emergency intervention could be used.

   
 

D.

Data Collection and Reporting

   
 

The building administrator shall develop a system of data collection, collect the data and forward all incident reports and data regarding the use of seclusion/restraint to the Superintendent.

   
 

The data must:

   
 

1.

be analyzed to determine the efficacy of the school's school-wide system of behavioral support;

   
 

2.

be analyzed in the context of suspension, expulsion, and dropout data;

   
 

3.

be analyzed for the purposes of continuous improvement of training and technical assistance toward the reduction or elimination of seclusion/restraint;

   
 

4.

be analyzed on a schedule determined by the Michigan Department of Education (MDE);`

   
 

5.

be reported to the MDE, if and as required;

   
 

6.

include a list of appropriately trained, identified personnel and their levels of:

   
 

a.

education;

   
 

b.

training; and

   
 

c.

knowledge.

NOTE: The District must report to the MDE on the use of seclusion and restraint periodically. MDE will develop guidelines that outline the process for reporting redacted, aggregated data regarding the emergency use of seclusion and restraint.

Training Framework

A comprehensive training framework will be implemented which includes the following:

 

A.

awareness training for all school personnel who have regular contact with students; and

   
 

B.

comprehensive training for key identified personnel.

All substitute teachers must be informed of and understand the procedures regarding the use of emergency seclusion and emergency restraint. This requirement may be satisfied using online training developed or approved by MDE and online acknowledgement of understanding and completion of the training by the substitute teacher.

Comprehensive Training for Identified Personnel

Each building administrator will identify sufficient key personnel to ensure that trained personnel are generally available for an emergency situation. Before using emergency seclusion or emergency physical restraint with students, key identified personnel who may have to respond to an emergency safety situation must be trained in all of the following:

 

A.

proactive practices and strategies that ensure the dignity of students

   
 

B.

conflict resolution

   
 

C.

mediation

   
 

D.

social skills training

     
 

E.

de-escalation techniques

   
 

F.

positive behavioral intervention and support strategies

   
 

G.

techniques to identify student behaviors that may trigger emergency safety situations

   
 

H.

related safety considerations, including information regarding the increased risk of injury to students and staff when seclusion or restraint is used

   
 

I.

instruction in the use of emergency seclusion and emergency physical restraint

   
 

J.

identification of events and environmental factors that may trigger emergency safety situations

   
 

K.

instruction on the State policy on the use of seclusion and restraint

   
 

L.

description and identification of dangerous behaviors

   
 

M.

methods for evaluating the risk of harm to determine whether the use of emergency seclusion or emergency physical restraint is warranted

   
 

N.

types of seclusion

   
 

O.

types of restraint

   
 

P.

the risk of using seclusion and restraint in consideration of a student's known and unknown medical or psychological limitations

     
 

Q.

cardiopulmonary resuscitation and first aid

   
 

R.

the effects of seclusion and restraint on all students

     
 

S.

how to monitor for and identify physical signs of distress and the implications for students generally and for students with particular physical or mental health conditions or psychological limitations

   
 

T.

ways to obtain appropriate medical assistance

GLOSSARY OF TERMS

"Chemical Restraint" means the administration of medication for the purpose of restraint.

"De-escalation Techniques" means evidence- and research-based strategically employed verbal or nonverbal interventions used to reduce the intensity of threatening behavior before, during, and after a crisis situation occurs.

"Documentation" means documentation developed by the Michigan Department of Education that is uniform across the State.

"Emergency Situation" means a situation in which a student's behavior poses imminent risk to the safety of the individual student or to the safety of others. An emergency situation requires an immediate intervention.

"Functional Behavioral Assessment" means an evidence- and research-based systematic process for identifying the events that trigger and maintain problem behavior in an educational setting. A functional behavioral assessment shall describe specific problematic behaviors, report the frequency of the behaviors, assess environmental and other setting conditions where problematic behaviors occur, and identify the factors that are maintaining the behaviors over time.

"Key Identified Personnel" means those individuals who have received the mandatory training described in M.C.L. 380.1307G(B)(I) to (XVI), listed under Comprehensive Training for Identified Personnel above.

"Mechanical Restraint" means the use of any device, article, garment, or material attached to or adjacent to a student's body to perform restraint.

"Physical Restraint" means restraint involving direct physical contact.

"Positive Behavioral Intervention and Support (PBIS)" means a framework to assist school personnel in adopting and organizing evidence-based behavioral interventions into an integrated continuum of intensifying supports based on student need that unites examination of the function of the problem behavior and the teaching of alternative skill repertoires to enhance academic and social behavior outcomes for all students.

"Positive Behavioral Intervention and Support Plan" means a student-specific support plan composed of individualized, functional behavioral assessment-based intervention strategies, including, as appropriate to the student, guidance or instruction for the student to use new skills as a replacement for problem behaviors, some rearrangement of the antecedent environment so that problems can be prevented and desirable behaviors can be encouraged, and procedures for monitoring, evaluating, and modifying the plan as necessary.

"Prone Restraint" means the restraint of an individual face down.

"Regularly and Continuously Work Under Contract" means that term as defined in section M.C.L. 380.1230.

"Restraint" means an action that prevents or significantly restricts a student's movement. Restraint does not include the brief holding of a student in order to calm or comfort, the minimum contact necessary to physically escort a student from one area to another, the minimum contact necessary to assist a student in completing a task or response if the student does not resist or resistance is minimal in intensity or duration, or the holding of a student for a brief time in order to prevent an impulsive behavior that threatens the student's immediate safety, such as running in front of a car. Restraint does not include the administration of medication prescribed by and administered in accordance with the directions of a physician, an adaptive or protective device recommended by a physician or therapist when it is used as recommended, or safety equipment used by the general student population as intended, such as a seat belt or safety harness on school transportation. Restraint does not include necessary actions taken to break up a fight, to stop a physical assault, as defined in M.C.L. 380.1310, or to take a weapon from a student. Restraint does not include actions that are an integral part of a sporting event, such as a referee pulling football players off of a pile or a similar action.

Restraint that negatively impacts breathing means any restraint that inhibits breathing, including floor restraints, facedown position, or any position in which an individual is bent over in such a way that it is difficult to breathe. This includes a seated or kneeling position in which an individual being restrained is bent over at the waist and restraint that involves sitting or lying across an individual's back or stomach.

"School Personnel" includes all individuals employed in a public school or assigned to regularly and continuously work under contract or under agreement in a public school, or public school personnel providing service at a nonpublic school.

"Seclusion" means the confinement of a student in a room or other space from which the student is physically prevented from leaving. Seclusion does not include the general confinement of students if that confinement is an integral part of an emergency lockdown drill required under Section 19(5) of the Fire Prevention Code, 1941 PA 207, M.C.L. 29.19, or of another emergency security procedure that is necessary to protect the safety of student.

Adapted from Michigan State Board of Education Policy for the Emergency Use of Seclusion and Restraint adopted in March of 2017

Adopted 5/14/07
Revised 1/11/18

© Neola 2017