1. Introduction
The Mississippi Department of Education and the State Board
of Education supports a positive approach to behavior that uses proactive
strategies to create a safe school climate that promotes dignity, creates
authentic student engagement, and improves student achievement for all
students. When teachers and administrators implement evidence-based positive
behavior supports with fidelity, a safe and orderly school environment is
created that is conducive to learning and students are able to achieve without
the constant interruptions that occur when teachers are required to address
discipline in the classroom.
Research indicates that the most effective response to school
violence is to establish a school culture that emphasizes prevention, early
identification, teaching, reinforcement of appropriate behavior and continuous
data-based problem solving. One primary method is to structure the environment
using a non-aversive effective behavioral system, such as Positive Behavior
Interventions and Supports (PBIS). Effective positive behavioral systems are
comprehensive, in that they are comprised of a framework or approach for
assisting school personnel in adopting and organizing evidence-based behavioral
interventions into an integrated continuum that enhances academic and social
behavioral outcomes for all students. The PBIS prevention-oriented framework or
approach applies to all students, all staff, and all settings. When integrated
with effective academic instruction, such systems can help provide the supports
children need to become actively engaged in their own learning and academic
success. Schools successfully implementing comprehensive behavioral systems
create school-wide environments that reinforce appropriate behaviors while
reducing instances of dangerous behaviors that may lead to the need to use
restraint or seclusion. In schools implementing comprehensive behavioral
systems, trained school staff use preventive assessments to identify where,
under what conditions, with whom, and why specific inappropriate behavior may
occur, as well as implement de-escalation techniques to defuse potentially
violent dangerous behavior. Preventive assessments should include (1) a review
of existing records; (2) interviews with parents, family members, and students;
and (3) examination of previous and existing behavioral intervention plans.
Using these data from such assessments helps schools identify the conditions
when inappropriate behavior is likely to occur and the factors that lead to the
occurrence of these behaviors; and develop and implement preventive behavioral
interventions that teach appropriate behavior and modify the environmental
factors that escalate the inappropriate behavior. The use of comprehensive
behavioral systems significantly decreases the likelihood that restraint or
seclusion would be used, supports the attainment of more appropriate behavior,
and, when implemented as described, can help to improve academic achievement
and behavior. In order to reduce the use of aversive techniques in response to
student behavior, restraint and seclusion, school wide behavior systems should
include a comprehensive behavior management system that includes:
(a) socially valued and measurable
outcomes,
(b) empirically validated
and practical practices
(c) systems
that efficiently and effectively support the implementation of these practices,
and
(d) continuous collection and
use of data for decision making.
However, at times, some students exhibit behaviors which
place themselves and others in imminent danger. Schools shall implement
proactive strategies and interventions to reduce the likelihood of these
situations, and they shall have clearly identified responses to address such
situations when they occur. Additionally, schools shall have policies in place
that address the responses needed to ensure the safety of all students and
staff.
3. Definitions
a. Aversive behavioral interventions is
defined as a physical or sensory intervention program intended to modify
behavior that the implementer knows would cause physical trauma, emotional
trauma, or both, to a student even when the substance or stimulus appears to be
pleasant or neutral to others and may include hitting, pinching, slapping,
water spray, noxious fumes, extreme physical exercise, loud auditory stimuli,
withholding of meals, or denial of reasonable access to toileting
facilities.
b. Aversive procedure
is defined as the use of a substance or stimulus, intended to modify behavior,
which the person administering it knows or should know is likely to cause
physical and/or emotional trauma to a student, even when the substance or
stimulus appears to be pleasant or neutral to others. Such substances and
stimuli include but are not limited to: infliction of bodily pain, (e.g.,
hitting, pinching, slapping), water spray, noxious fumes, extreme physical
exercise, costumes, or signs.
c.
Aversive technique is defined as physical, emotional or mental distress as a
method of redirecting or controlling behavior.
d. Behavioral intervention is defined as the
implementation of strategies to address behavior that is dangerous,
inappropriate, detrimental, or otherwise impedes the learning of the
students.
e. Behavior Intervention
Plan (BIP) is defined as a plan of action for managing a student's behavior.
The BIP includes a set of strategies and supports intended to increase the
occurrence of behaviors that school personnel encourage and to decrease
behaviors that school personnel want to lessen or eliminate. The BIP shall
include:
i. Observable and measurable
description of the problem behavior;
ii. Identified purpose of the problem
behavior as a result of the FBA;
iii. General strategy or combination of
strategies for changing the problem behavior;
iv. Written description of when, where, and
how often the strategy will be implemented; and
v. Consistent system of monitoring and
evaluating the effectiveness of the plan.
f. Chemical restraint is defined as "the
administration of medication for the purpose of restraint." Chemical restraint
does not apply to medication prescribed by and administered in accordance with
the directions of a licensed physician. The use of chemical restraint is
prohibited in Mississippi Public Schools.
g. Dangerous behavior is defined as behavior
that presents an imminent danger of physical harm to self or others but does
not include inappropriate behaviors such as disrespect, noncompliance,
insubordination, or out-of-seat behaviors.
h. De-escalation techniques are defined as
strategically employed verbal or non-verbal interventions used to reduce the
intensity of threatening behavior before a crisis situation occurs.
i. Emergency situation is defined as
spontaneous unpredictable events posing an imminent threat of serious bodily
injury.
j. Functional Behavioral
Assessment (FBA) is defined as a school-based, collaborative process that
includes the parent and, as appropriate, the child, to determine why a child
engages in challenging behaviors and how the behavior relates to the child's
environment.
i. The term includes direct
assessments, indirect assessments and data analysis designed to assist the team
to identify and define the problem behavior in concrete terms.
ii. Contextual factors (including affective
and cognitive factors) are identified that contribute to the behavior, and a
hypothesis is formulated regarding the general conditions under which a
behavior usually occurs and the probable consequences that maintain the
behavior.
iii. Formal documentation
of the assessment by appropriately qualified individuals become part of the
child's educational record.
iv. The
FBA must include all of the following:
a.
Clear description of the problematic behavior;
b. Identification of the antecedent events,
times, and situations that predict when the problem behavior will and will not
occur;
c. Identification of the
consequences of the problem behavior;
d. Development of hypotheses and summary
statements that describes the problem behavior and its functions; and
e. Collection of data from a variety of
sources: interviews, direct observation data, etc.
k. Imminent danger is defined as a
danger which is impending, close at hand, threatening, or about to
happen.
l. Individualized Education
Plan (IEP) is defined as a written statement for a child with a disability that
is developed, reviewed, and revised in accordance with
§§300.320300.324.
m.
Mechanical restraint is defined as "any device that attaches to a student's
body that restricts movement and cannot be removed by the student." Examples
include: straps, tie downs, boards, and harnesses. Handcuffs are also
considered mechanical restraints, but may only be used by certified school
resource officers, as defined in Miss. Code Ann. §§
37-7-321 and
37-7-323. The use of mechanical
restraints is prohibited in Mississippi Public Schools, except as provided in
§§
37-7-321 and
37-7-323.
Devices not considered mechanical restraints include:
adaptive equipment, protective devices, or assistive technology devices
documented in a student's individualized education plan (IEP), Section 504
plan, behavior intervention plan, or otherwise prescribed for the student by a
medical or related service provider, seatbelts, and other safety equipment when
used to secure students during transportation.
n. Physical escort is defined as the
temporary touching or holding of the hand, wrist, arm, shoulder or back for the
purpose of inducing a student who is acting out (with minimal resistance) and
able to respond to such physical prompt, to move to a safe location.
o. Physical prompt is defined as a teaching
technique that involves physical contact with the student and that enable the
student to learn or model the physical movement necessary for the development
of the desired competency.
p.
Physical Restraint is defined as "the use of physical force, without the use of
any device or material that restricts the free movement of all or a portion of
a student's body." Physical restraint does not include briefly holding a
student's hand or arm to calm them or escort them to another area. A physical
restraint shall be removed as soon as the student is no longer a danger to
himself/herself or others. The term physical restraint does not include:
i. Physical restraint that restricts the flow
of air to the student's lungs.
ii.
Prone restraint in which a student is placed face down on the floor or other
surface, and physical pressure is applied to the student's body to keep the
student in the prone position.
q. Positive Behavior Interventions and
Supports (PBIS) is defined as a proactive approach to establishing the
behavioral supports and social culture needed for all students in a school to
achieve social, emotional and academic success. Attention is focused on
creating and sustaining primary (school-wide), secondary (classroom), and
tertiary (individual) systems of support that improve lifestyle results
(personal, health, social, family, work, recreation) for all youth by making
targeted misbehavior less effective, efficient, and relevant, and desired
behavior more functional.
r.
Positive Behavior Support Plan is defined as the design, implementation, and
evaluation of individual or group instructional and environmental
modifications, including programs of behavioral instruction, to produce
significant improvements in behavior through skill acquisition and the
reduction of problematic behavior.
s. Seclusion is defined as "the confinement
of a student in an enclosure from which the student's egress is restricted."
Seclusion does not include in-school suspension, detention, or alternative
school.
t. Section 504 Plan is
defined as an individualized plan of accommodations and modifications to
provide a free appropriate public education to a student who has a disability
that substantially limits a major life activity. A 504 plan spells out the
modifications and accommodations that will be needed for a student to have the
opportunity to perform at the same level as their peers.
u. Written report is defined as a printed
paper filings and electronic filings that can be printed.
4. General Procedures
a. Physical restraint is considered to be an
emergency response after all other verbal and non-verbal de-escalation measures
have failed in effectiveness based on the following criteria:
i. The student or other person is engaged in
actions that would constitute a danger to themselves or others;
ii. The student or other person is engaged in
actions that would constitute potential or actual destruction of
property;
iii. To remove a
non-compliant student or person from the scene of an incident;
iv. The restraint should be removed as soon
as the student is no longer a danger to themselves or others.
b. When using physical restraint
for students who are a danger to themselves or others, staff should take
precautions necessary to ensure the safety of the student and the staff members
engaged in restraining the student. Physical restraints that restrict the flow
of air are prohibited in all situations. When deemed it is necessary to
restrain a student who is a danger to themselves or others, the following
procedures shall be used:
i. Restraint shall
be conducted by staff who are trained in the restraint procedures adopted by
the school district;
ii. Staff
shall carefully observe the student throughout the restraint to observe the
student's physical and emotional status;
iii. Restraint shall be immediately
terminated if the student appears to be, or claims to be, in severe
stress;
iv. The restraint shall be
removed as soon as the staff determines the student is no longer a danger to
himself/herself or others;
v. When
the student is able, he/she should be returned to the instructional activity,
or to a less restrictive environment;
vi. Parents must be notified on the same
school day of the incident. At the time the parent is notified, the school
shall schedule a debriefing with the parent to discuss the incident. In the
event a parent cannot be reached by telephone, a letter shall be sent informing
the parent of the incident and the person who can be contacted at the school to
address any questions the parent may have.
vii. Within two school days after the
restraint incident occurs, the staff shall conduct a debriefing of the
circumstances leading to the restraint and discuss any alternative behaviors
that could have been utilized;
viii. The school shall report the restraint
and/or seclusion incident to the local school district and the Mississippi
Department of Education.
c. School districts that permit restraint and
seclusion shall ensure that staff members are trained in the use of restraint.
This training shall be provided as part of a program which addresses a full
continuum of positive behavioral intervention strategies, crisis intervention,
and de-escalation techniques.
Absent an imminent danger to health or safety, physical
restraint shall only be practiced by staff trained in the physical restraint
approach adopted by the local school district. The Mississippi Department of
Education does not endorse a particular training program. The local school
district shall select programs which are approved by the MDE and those that are
founded on evidence-based techniques which focus on:
i. Certification for school personnel and
recertification as required by the training program;
ii. Preventing the need for
restraint;
iii. Training in first
aid;
iv. Identification of
antecedent behaviors;
v. Use of
positive behavior supports, de-escalation, and conflict management;
vi. Keeping staff and students safe during
required restraints.
Local school district administrators shall monitor the use of
physical restraint to ensure fidelity of implementation. Additional and
follow-up training shall be provided on an ongoing basis and any situations in
which procedures are not followed shall be addressed immediately.
d. The use of mechanical
restraints is prohibited in Mississippi Public Schools, except by law
enforcement.
e. The use of chemical
restraints is prohibited in Mississippi Public Schools.
Behavioral Interventions
a. Behavioral intervention must be consistent
with the child's right to be treated as an individual. Schools shall implement
an evidence-based system of positive behavioral intervention strategies and
support. Elements of the system of support shall include universal screening to
identify potential students, teaching school-wide expected behaviors and social
skills, and a system to monitor the effectiveness of the interventions and
supports.
b. Behavioral strategies,
in conjunction with the school-wide system of positive behavioral interventions
shall be used to help identify the causes of dangerous behavior and reduce the
need for restraint or seclusion. Information about a student through
interviews, observation, and records help identify the causes of the dangerous
behavior and shall guide the development of a behavioral plan for the student.
A complete plan shall include:
i. Addressing
the characteristics of the setting and the event;
ii. If possible, removing the antecedents
that triggered the event;
iii.
Adding antecedents that promote appropriate behavior;
iv. Teaching appropriate behaviors to replace
the dangerous behaviors.
Seclusion
a. The use
of seclusion occurs in a specially designated room or space that is physically
isolated from common areas and from which the student is physically prevented
from leaving. The room or space used for seclusion may not be locked and staff
shall be present to monitor the student. Seclusion shall cease once the student
regains control of his or her behavior.
Only school personnel trained in the use of restraint and
seclusion should be used to observe and monitor these students. Staff engaged
in monitoring students shall have knowledge of effective restraint and
seclusion procedures, emergency procedures, and knowledge of how to effectively
debrief students after the use of restraint or seclusion.
b. The room or space used for seclusion shall
not contain any objects or fixtures with which a student could reasonably be
harmed. Additionally, the room shall provide adequate lighting and
ventilation.
c. School personnel
may use seclusion to address a student's behavior:
i. If the student's behavior constitutes an
emergency and seclusion is necessary to protect a student or other person from
imminent, serious physical harm after other less intrusive, nonphysical
interventions have failed or been determined inappropriate;
ii. After less restrictive or alternative
approaches have failed or have been determined to be inappropriate.
d. Each time a student is placed
in restraint or seclusion, the incident shall be documented in the student's
educational record or cumulative folder. The documentation shall be available
to the parent or guardian, and the parent or guardian shall be notified
verbally or in writing on the day of the restraint or seclusion or no later
than 48 hours following the incident In the event a parent cannot be reached by
telephone, a letter shall be sent informing the parent of the incident and the
person who can be contacted at the school to address any questions the parent
may have. This documentation shall be provided using an incident report that is
completed for each student in each instance in which the student is restrained
or placed in seclusion. This report shall include the following:
i. Date of incident and date submitted in
MSIS;
ii. Student's name, age and
grade level;
iii. Ethnicity, sex,
and non-disabled/disabled status;
iv. Location of restraint;
v. Precipitating
behavior/antecedent;
vi.
De-escalation efforts tried;
vii.
Type of restraint used;
viii. The
student's behavior and physical status during the
restraint/seclusion;
ix. Total time
spent in restraint or seclusion. The student shall not be kept in seclusion for
more than 20 minutes. If additional time is needed, school personnel shall
reassess the student and document why the extra time is needed, or after this
time, if the physical behavior is still manifested, the student shall be
assessed for transport to a medical facility for evaluation by a physician and
the parent notified;
x. Injuries to
student or staff;
xi. Staff
participating in the restraint/seclusion;
xii. Staff signatures, including the
principal/administrator;
xiii. Name
of school employee who the parent can contact; and
xiv. Date and time parent was contacted.
After an incident of restraint and/or seclusion, all school
personnel involved in the incident and appropriate administrative staff shall
participate in a debriefing session for the purpose of planning to prevent or
at least reduce the reoccurrence of the event. The debriefing session shall
occur no later than two school days following the imposition of physical
restraint or seclusion.
e. If restraint and/or seclusion is used on a
student who is not identified with a disability, the student shall be referred
to the school's intervention team within 10 days of the incident. The team
shall determine if the student shows a pattern of behavior that would indicate
the need for an intervention plan.
5. Administrative Procedures
a. Local school districts that utilize
physical restraint and seclusion for all students shall develop written
policies and procedures that govern the use of restraint and/or seclusion and
shall periodically review and update them as appropriate. The written policies
and procedures shall be designed to ensure the safety of all students, school
personnel, and visitors and include the following provisions:
i. Staff and faculty training on the use of
physical restraint;
ii. Parental
notification when physical restraint is used to restrain their student not to
exceed one school day from the use of the restraint;
iii. Documentation of the use of physical
restraint or seclusion by staff or faculty participating in or supervising the
restraint or seclusion event;
iv.
Procedures for the periodic review of the use of restraint and seclusion
policies;
v. Procedures by which a
parent may submit a complaint regarding the physical restraint or seclusion of
their child;
vi. Procedures for
reporting the use of restraint or seclusion to the local board of education and
to the Mississippi Department of Education.
b. The policies and procedures shall be
reviewed with all staff on an annual basis.
c. Teachers and other district personnel
shall be trained on how to collect and analyze student data to determine the
effectiveness of these procedures in increasing appropriate behavior.
d. All parents shall receive, at least
annually, written information about the policies and procedures for restraint
and seclusion issued by the local school district or school. The written
policies are to be included in each local education agencies code of conduct,
student handbook, or other appropriate school publication.
e. A review of the use of a restraint and
seclusion process shall be conducted by the school to determine if a revision
of behavioral strategies are in place to address dangerous behavior or if
positive behavioral strategies were not in place at the time of the restraint
or seclusion.
f. School districts
shall not only establish and disseminate policies and procedures on the use of
seclusion and restraint, but also shall periodically review and update them as
appropriate. The school district or school shall maintain records of its review
of seclusion and restraint data and any resulting decisions or actions
regarding the use of seclusion and restraint.
g. In any situation in which a student is a
danger to themselves or others, and it becomes necessary to contact law
enforcement or emergency medical personnel, nothing in this policy guidance
shall be construed to interfere with the duties of law enforcement or emergency
medical personnel.
h. The school
district shall report the restraint and/or seclusion incident to the local
school district and the Mississippi Department of Education annually.
