Utah Admin. Code R277-608-3 - LEA Policies and Procedures for the Use of Emergency Safety Interventions

(1) Policies established by LEAs for the use of ESI for all students shall include:

(a) a statement that:

(i) key identified school employees may use reasonable and necessary physical restraint in self-defense or when otherwise appropriate to the circumstances outlined in Subsection 53G-8-302(2);

(ii) an ESI may not be used in place of appropriate less restrictive interventions;

(iii) nothing shall prohibit a school employee from using less intrusive means including physical escort, to address circumstances described in Subsection 53G-8-302(2);

(b) a definition of a key identified school employee for whom the ongoing comprehensive ESI training outlined in Subsection R277-608-4(2) will be provided;

(c) procedures to be followed when using ESI, including:

(i) continual observation as described in Subsection R277-608-5(12)(d);

(ii) release criteria;

(iii) documentation;

(iv) notification to administration outlined in Section R277-608-5;

(v) notification to a student's parent consistent with in Section R277-608-5;

(vi) debrief;

(vii) reporting; and

(viii) post-ESI assessment and monitoring of students;

(2) An LEA ESI policy shall include whether the LEA allows individual schools to designate an enclosed area for the sole purpose of seclusionary time out.

(a) if an LEA allows individual schools to designate an enclosed area for the sole purpose of seclusionary time out, the policy shall additionally outline:

(i) requirements and prohibitions for the designated enclosed area in accordance with Rules R392-200 and R710-4; and

(ii) a written procedure outlining the approval process including:

(A) requirements that a school proposing to designate an enclosed area include in their proposal a written description outlining the data and reasoning for designating an enclosed area;

(B) approval by the LEA governing board in consultation with the LEA's ESI committee; and

(C) requirements around a written notification provided to parents within the school community before the designation of an enclosed area.

(3) Policies and procedures for the use of an ESI for a student should be consistent with evidence- and research-based practices including the prohibition of:

(a) Physical restraint, subject to the requirements of Section R277-608-5, except when the physical restraint is allowed as described in Subsection 53G-8-302(2);

(b) prone, or face-down, physical restraint;

(c) supine, or face-up, physical restraint;

(d) physical restraint that obstructs the airway of a student or adversely affects a student's primary mode of communication;

(e) mechanical restraint, except as consistent with Section R277-608-2;

(f) chemical restraint, except as consistent with Section R277-608-2;

(g) seclusionary time out, subject to the requirements of Section R277-608-5, except when a student presents an immediate danger of serious physical harm to self or others;

(h) for a student with a disability, ESIs written into a student's individualized education plan (IEP), as a planned intervention, unless:

(i) school personnel, the family, and the IEP team agree less restrictive means have been attempted;

(ii) a FBA has been conducted; and

(iii) a positive behavior intervention, based on data analysis has been written into the plan and implemented; and

(j) other dangerous practices as defined by the LEA, including dangerous practices outlined in the Least Restrictive Behavioral Interventions (LRBI) Technical Assistance manual incorporated by reference in Section R277-609-3.

(4) An LEA shall have in place, as part of its LEA special education policies, procedures, and practices, criteria, and steps for using ESI with students with disabilities consistent with state and federal law.

Notes

Utah Admin. Code R277-608-3

Amended by Utah State Bulletin Number 2017-20, effective 9/21/2017 Amended by Utah State Bulletin Number 2025-06, effective 3/10/2025