| Perry Township Schools |
| Bylaws & Policies |
3213.01 - USE OF ISOLATED TIME OUTS AND RESTRAINTS
The School Board believes that maintaining an orderly, safe environment is conducive to learning and is an appropriate expectation of all school employees within the school corporation. The Board recognizes that there are times when it becomes necessary for employees to use reasonable restraint and/or isolated time out to protect a student from causing harm to themselves or to others.
Isolated time out and physical restraint as defined in this policy shall be used only as a last resort as a means of maintaining a safe and orderly environment for learning and only to the extent necessary to preserve the safety of students and others. Use of isolated time out or physical restraint may also be a component of a behavioral intervention plan (BIP) and/or an Individualized Education Program (IEP). If such is the case, the terms of the BIP or the IEP will control the use of these measures.
Neither isolated time out nor physical restraint shall be used as a form of punishment or as a disciplinary measure.
The superintendent shall determine the appropriate training program of physical restraint and isolated time out to be used in the corporation. The training program must include behavioral support, prevention, de-escalation and crisis response techniques. Training shall be done on an annual basis and given to the appropriate employees in each building as determined by the superintendent and the building principal.
Except in the case of an emergency, only school employees who are current in the corporation-designated training program may implement physical restraints or isolated time outs with a student. An individual who applies physical restraint shall use only techniques in which he or she has received such training within the preceding two years, as indicated by written evidence of participation.
Physical restraints and/or isolated time outs should be used only when a student’s behavior poses an imminent risk of injury to the student or to other persons and other less restrictive procedures have been implemented without success.
Isolated Time Out (Seclusion)
"Isolated time out" or "seclusion" means the confinement of a student alone in a room or area from which the student physically is prevented from leaving.
Any enclosure used for isolated time out shall be subject to the following requirements:
| A. | Have the same ceiling height as the surrounding room or rooms and be large enough to accommodate not only the student being isolated but also any other individual who is required to accompany that student; | |
| B. | Be constructed of materials or objects that cannot be used by students to harm themselves or others, and be designed so that students cannot climb up the walls; | |
| C. | Be designed to allow continuous visual monitoring of and communication with the student; and | |
| D. | Comply with all applicable health and safety requirements. |
Any device that requires the use of a key or special code on any exit from the time out room or enclosure is prohibited.
An adult must supervise the student while confined and must be able to see the student at all times.
A student shall not be kept in isolated time out after s/he ceases presenting the specific behavior for which isolated time out was imposed or any other behavior for which the isolated time out was deemed an appropriate intervention.
If a student is placed in isolated time out pursuant to a BIP or IEP, any time limitations identified in the BIP or IEP will control.
Physical Restraint
"Physical restraint" means physical contact between a school employee and a student in which the student unwillingly participates and that involves the use of a manual hold to restrict freedom of movement of all or part of a student’s body or to restrict normal access to the student’s body.
The term does not include:
| A. | briefly holding a student without undue force in order to calm or comfort the student, or to prevent unsafe behavior, such as running into traffic or engaging in a physical altercation; | |
| B. | physical escort; or | |
| C. | physical contact intended to gently assist or prompt a student in performing a task or to guide or assist a student from one area to another. |
Physical restraint should be employed only when:
| A. | the student poses an imminent risk of injury to himself, herself, or others; | |
| B. | as a last resort after other less restrictive procedures have been implemented without success; | |
| C. | there is no medical contraindication to its use; and | |
| D. | the employee using the restraint has been trained in its safe application. |
Mechanical or chemical restraints are not authorized to be used in school. "Mechanical restraints" do not include materials or equipment that is used as authorized by a licensed physician or other qualified health care professional. The term also does not include a bus harness or other safety equipment that is used to safely restrain a student during transport.
Prone or Supine forms of restraint are not authorized to be used in school.
Students shall not be subjected to physical restraint for using profanity or other verbal displays of disrespect for themselves or others.
A verbal threat shall not be considered as constituting a physical danger unless a student also demonstrates a means of or intent to carry out the threat.
Any application of physical restraint shall take into consideration the safety and security of the student. Further, physical restraint shall not rely upon pain as an intentional method of control.
In determining whether a student who is being physically restrained should be removed from the area where such restraint was initiated, the supervising employee shall consider the potential for injury to the student, the educational and emotional well-being of other students in the vicinity, and if applicable, any requirements pursuant to a BIP or an IEP.
If physical restraint is imposed upon a student whose primary mode of communication is sign language, the student shall be permitted to have his or her hands free of restraint for brief periods, unless the supervising employee determines that such freedom appears likely to result in harm to the student or to others.
A student shall be released from physical restraint immediately upon a determination by the supervising employee administering the restraint that the student is no longer in imminent danger of causing injury to themselves or to others.
Reporting and Reviewing of Incidents
Any school employee using restraint and/or isolated time out shall report such to the building principal, their supervisor, or other designated administrator. As soon as practical, the principal or designee will debrief with at least one staff member involved in an incident to discuss the procedures used and ways to avoid the need for physical restraint or isolated time outs. A staff member not involved with the incident shall examine the student to ascertain if any injury has been sustained during the incident. A written report of each incident shall be completed by the employee who used such techniques or by the designated administrator.
The parent or guardian must be notified of the use of the physical restraint and/or isolated time out with their student within one (1) day of the incident. The parent or guardian must also be provided with a copy of an incident report documenting the use of physical restraint or isolated time out.
An annual review of the use of physical restraint and isolated time out including a review of all individual corporation cases involving the use of physical restraint and isolated time outs shall be completed and documented to ensure compliance with the school’s policy and procedures.
When reviewing individual cases, it is recommended that when a student has experienced three instances of isolated time out or physical restraint, the school personnel who initiated, monitored, and/or supervised the incidents shall review the effectiveness of the procedure(s) used and prepare an individual behavior plan for the student that provides either for continued use of these interventions or for the use of other specified interventions. The plan shall be placed into the student’s student record. The review shall also consider the student’s potential need for an alternative program or for a referral for a special education evaluation, if the student does not have an IEP.
Training Requirements
All appropriate staff shall be trained on this policy. Physical restraint should be applied only by individuals who have received systematic training through the corporation-designated program and who have obtained written evidence of successful participation in such training.
Training with respect to physical restraint should include but need not be limited to the following:
| A. | appropriate procedures for preventing the need for physical restraint, including the de-escalation of problematic behavior, and the use of alternatives to restraint; | |
| B. | a description and identification of dangerous behaviors on the part of students that may indicate the need for physical restraint and methods for evaluating the risk of harm in individual situations in order to determine whether the use of restraint is warranted, including compliance with any BIP or IEP requirements; | |
| C. | the simulated experience of administering and receiving a variety of physical restraint techniques, ranging from minimal physical involvement to very controlling interventions; | |
| D. | instruction regarding the effects of physical restraint on the person restrained, including instruction on monitoring physical signs of distress and obtaining medical assistance; | |
| E. | instruction regarding documentation and reporting requirements and investigation of injuries and complaints; and | |
| F. | demonstration by participants of proficiency in administering physical restraint. |
Nothing in this policy should be construed to limit the rights and abilities of school employees to keep order and administer necessary discipline in their classrooms and on school grounds as set out in State law and school board policy.
This policy does not apply to School Resource Officers (SROs) who may need to use physical force or to restrain or seclude a student while performing law enforcement duties. SROs will follow their own procedures and training when performing law enforcement duties.
All complaints regarding the use of physical restraints and isolated time outs will be investigated according to the provisions of Board policy on public complaints.
A notice of where this restraint and seclusion policy may be found shall be included in the student handbook for each school.
The Superintendent shall develop administrative regulations to carry out the requirements set forth in this policy and any other requirements established by law.
I.C. 20-20-40