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Narragansett Regional School District

Physical Restraint Policy

Approved 10/16/02

The two goals that this policy enforces, only after other less intrusive methods have been attempted or considered are:

1. To administer a physical restraint only when needed to protect a student or member of the school community from imminent, serious physical harm; and,
2. To prevent or minimize any harm to the student as the result of the use of physical restraint.

In accordance with state and federal law, nothing in the regulations precludes school personnel from implementing physical restraint contained in an an agreed-upon Behaviorial Intervention Plan. A Behavioral Intervention Plan is the result of a Functional 504/Accommodational Plan, or on its own. A Behavioral Intervention Plan requires informed written consent by the student's parent/legal guardian.

Definitions

1. Physical restraint may be defined as "the use of bodily force to limit a student's freedom of movement."
2. Extended restraint may be defined as a physical restraint which lasts for more than twenty (20) minutes.
3. Physical escort may be defined as a "touching or holding a student without the use of force for the purpose of directing the student." Physical escort is not physical restraint.
4. Types of restraints can include, but are not limited to, the use of a mechanical device to restrict movement of the entire body or portions thereof; placing a student in seclusion without access to school staff; or the administration of medication. The use of seclusion restraint is prohibited in the Narragansett Regional School District. The use of "time outs" where a staff member is present or accessible by the the student does not constitute seclusion restraint. The type of physical restraint used is dependent upon the special training of staff members in specific kinds of such restraints. Chemical restraint may not be used without the explicit authorization of a physician and a signed release from the parent/guardian approving its use.

All administrators, faculty and other program staff will receive annual training regarding this policy. Training will include the use of interventions to de-escalate problem behavior in order to avoid the use of restraints; the types of restraints and related safety issued for each; employing physical restraint in accordance with known medical or psychological limitations and/or behavioral intervention plans for individual students; and the staff member(s) who have received in-depth training with whom they may consult as needed.

Additional in-depth training for designated staff members will include:

1. Appropriate procedures for preventing the need for physical restraint; de-escalation of problem behaviors; relationship building; and the use of alternatives to restraints;
2. Description and identification of dangerous behaviors by a student which may indicate the need for physical restraint and methods for evaluating the risk of harm in individual situations to determine whether restraint is warranted;
3. Simulated experiences in administering and receiving physical restraint, instruction regarding the effects upon the person restrained, including the monitoring of physical signs distress, and obtaining medical assistance;
4. Instruction regarding documentation and requirements and the investigation of injuries and complaints, and;
5. Demonstrations by participants showing that they are proficient in administering physical restraint.

When Physical Restraint is Used:

1. Physical restraint may be used when non-physical interventions have been attempted without success or when it is apparent that they would not be effective. It may only be used when a student's behavior poses a threat of imminent, serious physical harm to self and/or others or when otherwise outlined in a Behavioral Intervention Plan.
2. Physical restraint is limited to the use of such reasonable force as may be necessary to protect a student or other person, from assault or imminent, serious physical harm.
3. Unless specifically indicated in an agreed-upon Behavioral Intervention Plan, physical restraint may not be used as a response to property destruction, disruption of school order, a refusal to comply with a school rule or staff directive, or verbal threats which do not constitute a threat of imminent, serious physical harm. Physical restraint may never be used as a means of punishment.
4. A school staff member who uses physical restraint on a student must use the safest method available which is most approrpriate to the situation at hand, and the method for which that staff member has been trained. Staff shall review and consider any known medical or psychological limitations and/or behavior intervention plans regarding the use of physical restraint upon an individual student.
5. No physical restraint may be used which prevents a student from speaking or breathing, and must be used in such a way as to prevent or minimize physical harm. If at any time during the restraint the student demonstrates significant physical distress, the restraint shall be removed immediately.
6. A physical restraint must be discontinued as soon as possible when it has been determined that a student no longer poses a risk of harm to self or others.
7. Following the use of a physical restraint, the building principal or a designated program staff member will meet with the student to address the behavior which prompted the restraint, and will also review the incident with the staff members who were involved and determine whether follow-up is needed for students who may have witnessed the incident.
8. Physical restraint regulations do not prohibit any individual from reporting a crime committed by a student to local law enforcement or other state agencies. Law enforcement officers, school security staff, or judicial authorities are not prohibited by this regulation from the exercise of their responsibilities, which may include the physical detainment of a student or other person alleged to have committed a crime or who poses a security risk. In addition, an individual who is a mandated reporter under M.G.L. c. 199, 51A is not prohibited by this policy from complying with the responsibility to report neglect or abuse to the appropriate state agency.

1. A staff member who administers a restraint shall verbally inform the building principal or his/her designee as soon as practical that day and by written report no later than the next school day.
2. The building principal or his/her designee shall verbally inform the student's parent/guardian of the use of physical restraint as soon as practical and by written report no later than three (3) school days following such use.
3. The report must include:
   1. The names and job titles of staff who administered the restraint and the persons who observed it;
   2. The date and time the restraint was used, the time it began and ended, and the name of the administrator who was verbally informed;
   3. A description of the activity of the restrained student and other students and staff in the vicinity immediately preceding the use of the restraint; the behavior which prompted it; the efforts made to de-escalate; alternatives which were attempted first; and the justification resorting to physical restraint;
   4. A description of the restraint used and the reasons why, the student's behavior and reactions during the restraint; how it ended; and documentation of injury, if any, to, the student or staff and any medical care provided;
   5. For extended restraints, a description of the alternatives which were attempted first; the outcome of those efforts; and the justification for administering an extended restraint;
   6. Information regarding any further action(s) taken by school staff, including any disciplinary actions taken toward the student;
   7. Information regarding opportunities for the student's parent/guardian to discuss the restraint and related matters with the building principal or his/her designee, as well as their right to file a grievance.

When a restraint has resulted in a serious injury to the student or program staff member involved, or when an extended restraint has been administered, a written report must be submitted to the Department of Education within five (5) school days of the date of the restraint. School building administration must, at this time, also provide the Department of Education with a copy of the ongoing record of restraints for the thirty (30) day period preceding the date of the reported restraint. The Department will notify the school district of any required actions if warranted, within thirty (30) calendar days of the receipt of the report.

Copies of all correspondence to the Department of Education shall be forwarded to the Superintendent of Schools, and Assistant Superintendent of Schools.

Nothing contained herein shall relieve staff reporting requirements when a personal injury occurs within the scope of employment.

Individual Waiver of Reporting Requirements:

A school district may seek a parent/guardian's consent to waive the reporting requirements for restraints which do not result in injury or extended restraint. Such a waiver should only be sought for students who present behaviors which may require the frequent use of restraints. The parent/guardian must provide informed, written consent to the waiver, which shall specify the reporting requirements which are being waived. The informed, written consent will be kept in the student's file, along with specific information regarding when and how the parent/guardian will be informed of the administration of restraints on their child.

Students with Disabilities:

Restraints which are administered to students pursuant to their Individualized Education Programs, Section 504 Accommodation Plans, or other plan developed in accordance with state and federal law, and which has been agreed upon by both the school and the parent/guardian, shall be deemed to meet the requirements of 603 CRM 46.00. The limitations on chemical, mechanical, and seclusion restraints as specified above continue to apply to students with disabilities, as do the above reporting requirements.