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.
However, at times, some students exhibit behaviors which
place themselves and others in imminent danger. Schools must implement
proactive strategies and interventions to reduce the likelihood of these
situations, and they must have clearly identified responses to address such
situations when they occur. Additionally, schools should have policies in place
that address the responses needed to ensure the safety of all students and
staff.
Restraint and Seclusion Policy
A Restraint and Seclusion Policy is defined through written
policies and procedures that define appropriate means of restraint and
seclusion to provide for a safe and orderly education. These policies and
procedures should apply to all students in the local school district and must
not focus on one or more subgroups of students.
In accordance with Miss. Code Ann. §§
37-9-69
and
37-11-57,
it is recognized that staff may intercede in situations wherein students are
displaying physically violent behavior or is deemed to be a danger to
themselves or others. State Board policy positively prohibits the use of
excessive force, or cruel and unusual punishment regarding student management.
Under no circumstances shall restraint or seclusion be utilized as a punitive
measure.
This policy in no way shall inhibit the right of staff to
reasonable self-defense in accordance with the provisions of the 5* and 14*
amendments to the Constitution of the United States nor negate the obligation
of the district to provide a safe work environment.
Definitions
1. 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 calm.
2. Physical escort is the
temporary touching or holding of the hand, wrist, arm, shoulder or back for the
purpose of inducing a student who is acting out and able to respond to such
physical prompt, to move to a safe location.
3. 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 be used
by certified school resource officers, as defined in Miss. Code Ann.
§§
37-7-321
and
37-7-323.
Except for certified school resource officers, the use of mechanical restraints
is prohibited in Mississippi Public Schools.
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.
4. 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.
5. Seclusion is defined as "the confinement
of a student in an enclosure from which the student's egress is restricted."
Seclusion does not include situations in which a staff member trained in the
use of de-escalation techniques is physically present in the same unlocked room
as the student, in-school suspension, detention, or alternative school.
6. Individualized Education Plan
(IEP) means a written statement for a child with a disability that is
developed, reviewed, and revised in accordance with State Board Policy 7219
§§ 300.320 -300.324.
7.
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.
8. Behavior Intervention Plan
(BIP) is 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.
General Procedures
1. Physical restraint is considered to be an
emergency response after all other verbal de-escalation measures have failed in
effectiveness based on the following criteria:
a. The student or other person is engaged in
actions that would constitute a danger to themselves or others;
b. The student or other person is engaged in
actions that would constitute potential or actual destruction of property;
c. To remove a non-compliant
student or person from the scene of an incident;
d. The restraint should be removed as soon as
the student is no longer a danger to themselves or others.
2. 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 should be
used:
a. Restraint should be conducted by
staff who are trained in the restraint procedures adopted by the school
district;
b. Staff should carefully
observe the student throughout the restraint to observe the student's physical
and emotional status;
c. Restraint
shall be immediately terminated if the student appears to be, or claims to be,
in severe stress;
d. The restraint
should be removed as soon as the student is no longer a danger to
himself/herself or others;
e. As
soon as possible after the restraint is removed, the staff should discuss the
incident leading up to the restraint and discuss alternative behaviors that
could have been utilized;
f. When
the student is able, he/she should be returned to the instructional activity,
or to a less restrictive environment;
g. Parents must be notified within one school
day of the incident.
3.
School districts that permit restraint and seclusion must ensure that staff
members are trained in the use of restraint. This training should be provided
as a part of a program which addresses a full continuum of positive behavioral
intervention strategies, crisis intervention, and de-escalation techniques.
Absent a clear and present danger to health or safety,
physical restraint may 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 that are founded on evidence based
techniques that focus on:
a.
Certification for school personnel and recertification as required by the
training program;
b. Preventing the
need for restraint;
c. Training in
first aid;
d. Identification of
antecedent behaviors;
e. Use of
positive behavior supports, de-escalation, and conflict management;
f. Keeping staff and students safe during
required restraints.
Local school district administrators should monitor the use
of physical restraint to ensure fidelity of implementation. Additional and
follow-up training should be provided on an ongoing basis and any situations in
which procedures are not followed should be immediately addressed.
4. Behavioral
intervention must be consistent with the child's right to be treated as an
individual. Schools should implement an evidence-based system of positive
behavioral intervention and support. Elements of the system of support should
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.
5. Behavioral strategies, in conjunction with
the school-wide system of behavioral interventions should be used to help
identify the causes of dangerous behavior and could reduce the need for
restraint or seclusion. Information on a student through interviews,
observation, and records help identify the causes of the dangerous behavior and
should guide the development of a behavioral plan for the student. A complete
plan should include:
a. Addressing the
characteristics of the setting and the event;
b. If possible, removing the antecedents that
triggered the event;
c. Adding
antecedents that promote appropriate behavior;
d. Teaching appropriate behaviors to replace
the dangerous behaviors.
6. 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. Seclusion shall cease
once the student regains control of his or her behavior.
Only school personnel trained on the use of restraint and
seclusion should be used to observe and monitor these students. Staff engaged
in monitoring students should have knowledge of effective restraint and
seclusion procedures, emergency procedures, and knowledge as to how to
effectively debrief students after the use of restraint or seclusion.
7. The room used for seclusion
must not contain any objects or fixtures with which a student could be harmed.
Additionally, the room must provide adequate lighting and ventilation.
8. The room used for seclusion may
not be locked and staff must be present to monitor the student's safety and to
know when the student has regained control of their behavior.
9. School personnel may use seclusion to
address a student's behavior:
a. If the
student's behavior unreasonably interferes with the student's learning or the
learning of others;
b. 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;
c. After less
restrictive or alternative approaches have failed or have been determined to be
inappropriate.
10. Each
time a student is placed in restraint or seclusion, the incident must be
documented in the student's educational record. The documentation must be
available to the parent or guardian, and the parent or guardian must be
notified verbally or in writing by the next school day, unless the student's
behavior plan, IEP, or Section 504 Plan requires some other arrangement. This
documentation should 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 must include the following:
a. Date;
b. Student's name, age and grade level;
c. Ethnicity, sex, and
non-disabled/disabled status;
d.
Location of restraint;
e.
Precipitating behavior/antecedent;
f. De-escalation efforts tried;
g. Type of restraint used;
h. The student's behavior and physical status
during the restraint/seclusion;
i.
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 must reassess the student and document why the extra time is needed,
or after this time, if the physical behavior is still manifested, the student
should be assessed for transport to a medical facility for evaluation by a
physician and the parent notified;
j. Injuries to student or staff;
k. Staff participating in the
restraint/seclusion;
l. Staff
signatures;
m. Name of school
employee that the parent can contact; and
n. Date and time parent was contacted.
After an incident of restraint 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 five school days following the imposition of physical
restraint or seclusion.
11. If restraint or seclusion is used for a
student who is not identified as a student with a disability, the student shall
immediately be referred to the school's intervention team. The team shall
determine if the student shows a pattern of behavior that would indicate the
need for an intervention plan.
12.
If restraint or seclusion is used for a student with a disability, and the
student's IEP, Section 504 Plan, or behavior intervention plan does not include
the use of restraint or seclusion, the IEP or 504 team shall meet, within 10
school days of the incident to consider:
a.
The need for a functional behavioral assessment;
b. Developing appropriate behavioral
interventions;
c. Implementing a
behavioral intervention plan.
Administrative Procedures
1. Local school districts that utilize
physical restraint and seclusion for all students must develop written policies
and procedures that govern its use. The written policies and procedures must be
designed to ensure the safety of all students, school personnel, and visitors
and include the following provisions:
a.
Staff and faculty training on the use of physical restraint;
b. Parental notification when physical
restraint is used to restrain their student not to exceed one school day from
the use of the restraint;
c.
Documentation of the use of physical restraint or seclusion by staff or faculty
participating in or supervising the restraint or seclusion event;
d. Procedures for the periodic review of the
use of restraint and seclusion policies;
e. Procedures by which a parent may submit a
complaint regarding the physical restraint or seclusion of their
child;
f. Procedures for reporting
the use of restraint or seclusion to the local board of education.
2. The policies and procedures
should be reviewed with all staff on an annual basis.
3. Teachers and other district personnel
should be trained on how to collect and analyze student data to determine the
effectiveness of these procedures in increasing appropriate behavior.
4. All parents should 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.
5. A review of the use of a restraint and
seclusion process must be conducted to determine if a revision of behavioral
strategies in place to address dangerous behavior or if positive behavioral
strategies are not in place when:
a. There is
repeated use for an individual student;
b. Multiple uses within the same classroom;
c. Used multiple times by the same
individual
6. School
districts should not only establish and disseminate policies and procedures on
the use of seclusion and restrain, but also should periodically review and
update them as appropriate. The school district or school should maintain
records of its review of seclusion and restraint data and any resulting
decisions or actions regarding the use of seclusion and restraint.
7. 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
should be construed to interfere with the duties of law enforcement or
emergency medical personnel.