Iowa Admin. Code r. 281-103.8 - Training, documentation, debriefing, and reporting requirements
(1)
Training. An employee must receive training prior to using any
form of physical restraint or seclusion . Training will cover the following
topics:
a. The rules of this
chapter;
b. The school 's specific
policies and procedures regarding the rules of this chapter;
c. Student and staff debriefing
requirements;
d. Positive behavior
interventions and supports, and evidence-based approaches to student discipline
and classroom management;
e.
Research-based alternatives to physical restraint and seclusion ;
f. Crisis prevention, crisis intervention,
and crisis de-escalation techniques;
g. Duties and responsibilities of school
resource officers and other responders, and the techniques, strategies and
procedures used by responders; and
h. Safe and effective use of physical
restraint and seclusion .
(2)
Documentation and
reporting. Schools must maintain documentation for each occurrence of
physical restraint and seclusion . Documentation will contain at least the
following information:
a. The name of the
student;
b. The names and job
titles of employees who observed, implemented, or were involved in
administering or monitoring the use of seclusion or physical restraints,
including the administrator or individual who approved continuation of the
seclusion or physical restraint pursuant to subparagraph
103.7(2)"c"(2);
c.
The date of the occurrence;
d. The
beginning and ending times of the occurrence;
e. The date the employees who observed,
implemented, or were involved in administering or monitoring the use of
seclusion or physical restraints last completed training necessary under
subrule 103.8(1);
f. A description
of the actions of the student before, during, and after the seclusion or
physical restraint ;
g. A
description of the actions of the employee(s) involved before, during, and
after the seclusion or physical restraint , including the use of a nonapproved
restraint (subparagraph 103.7(2)"c"(5)) or the use of other
than a designated seclusion room (paragraph
103.7(2)"d");
h.
Documentation of approvals for continuation of the seclusion or physical
restraint period generated in accordance with subrule 103.7(2), including why
it was not possible to obtain approval;
i. A description of the less restrictive
means attempted as alternatives to seclusion or physical restraint ;
j. A description of any injuries, whether to
the student or others, and any property damage;
k. A description of future approaches to
address the student's behavior, including any consequences or disciplinary
actions that may be imposed on the student; and
l. The time and manner by which the school
notified the student's parent of the use of physical restraint or seclusion ,
including why it was not possible to attempt to give notice within the time
specified by paragraph 103.7(2)"b."
Schools must provide the student's
(3)
Debriefing.
a. Schools must
hold a debriefing meeting as soon as practicable whenever provided by paragraph
103.8(3)"f," but within five school days of the day the report
and letter are mailed or provided to the parent , unless a parent who wants to
participate personally or through a representative asks for an extension of
time, or the parent and school agree to an alternate date and time. The student
may attend the meeting with the parent 's consent. The parent may elect to be
accompanied by other individuals or representatives. The meeting must include
employees who administered the physical restraint or seclusion , an
administrator or employee who was not involved in the occurrence, the
individual or administrator who approved continuation of the physical restraint
or seclusion , other relevant personnel designated by the school (such as
principal, counselor, classroom teacher, special education teacher), and, if
indicated by the student's behavior in the instances prompting the debriefing,
an expert in behavioral health, mental health, or another appropriate
discipline. The meeting, and the debriefing report that is to be provided to
the parent after the meeting, will include the following information and
subjects:
(1) The date and location of the
meeting, and the names and titles of the participants;
(2) The documentation and report completed in
compliance with subrule 103.8(2);
(3) A review of the student's BIP, IHP,
safety plan, and IEP as applicable;
(4) Identification of patterns of behavior
and proportionate response, if any, in the student and the employees
involved;
(5) Determination of
possible alternative responses to the incident/less restrictive means, if
any;
(6) Identification of
additional resources that could facilitate those alternative responses in the
future;
(7) Planning for follow-up
actions, such as behavior assessments, revisions of school intervention plans,
medical consultations, and reintroduction plans.
b. Schools must complete the debriefing
report and provide a copy of the report to the parent of the student within
three school days of the debriefing meeting. The parent may elect to receive
the report via electronic mail, or facsimile, or by obtaining a copy at the
school . If the parent does not provide instructions to the school or enter into
an agreement with the school for alternate dates and methods of delivery, the
school must mail the debriefing report to the parent by first-class mail,
postage prepaid, postmarked no later than three school days after the
debriefing meeting.
c. If the
debriefing session results in a recommendation that a child might be eligible
for a BIP, IHP, safety plan, or IEP, the public agencies will promptly
determine the child's eligibility in accordance with the procedures for
determining eligibility, including rules contained in 281-Chapter 14 and
281-Chapter 41, as applicable.
d.
Any recommended change to a student's BIP, IHP, safety plan, or IEP, or a
student's educational placement, will be made in accordance with the procedures
for amending said plan or changing said placement, including rules contained in
281-Chapter 14 and 281-Chapter 41, as applicable.
e. Nothing in this subrule will be construed
to require employers to include information about employees that would be
legally protected personnel information, including employee disciplinary
information under Iowa Code chapters 279 and 284, or to allow discussion of
that personnel information, in debriefing meetings.
f. For purposes of this subrule, a debriefing
session is necessary:
(1) Upon the first
instance of seclusion or physical restraint during a school year;
(2) Whenever any personal injury occurs as a
part of the use of seclusion or physical restraint ;
(3) Whenever a reasonable educator would
determine a debriefing session is necessary;
(4) Whenever suggested by a student's IEP
team (if any);
(5) Whenever agreed
by the parent and the school officials.
However, in any case a debriefing session will occur after
seven instances of
(4)
Confidentiality. Schools
are governed by the Family Educational Rights and Privacy Act (FERPA)
(20 U.S.C. ยง
1232g; 34 CFR Part 99, both as effective on
February 7, 2024); Iowa Code chapter 22, "Examination of Public Records (Open
Records)"; and other applicable federal and state laws, when taking action
pursuant to this rule.
(5)
Reporting to department. Schools will report to the Iowa
department of education, in a manner prescribed by the department, an annual
count of all instances of seclusion or restraint, an annual count of the number
of students who were subjected to seclusion or restraint, and any other data
required for the department to implement the Elementary and Secondary Education
Act, as amended by the Every Student Succeeds Act,
Public Law
114-95 , as of February 7, 2024.
Notes
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