Utah Admin. Code R277-608-5 - Implementation of Physical Restraint and Seclusionary Time Out

(1) Physical restraint may only be used when a student presents an immediate danger to self or others and when no other safe or effective intervention is available.

(2) A school employee may not use physical restraint as a means of discipline or punishment.

(3) When used consistently with the LEA policy under Section R277-608-3:

(a) a physical restraint must be immediately terminated when:

(i) A student is no longer an immediate danger to self or others; or

(ii) A student is in severe distress; and

(b) the use of physical restraint shall be for the minimum time necessary to ensure safety, as reasonably understood by the school employee, and a release criteria, as outlined in LEA policies, must be implemented.

(4) A school employee may not use physical restraint on a student for more than the shortest of the following before stopping, releasing, and reassessing the intervention used:

(a) the amount of time described in the LEA's ESI training program;

(b) 30 minutes; or

(c) when law enforcement arrives.

(5) If a school employee physically restrains a student, the school or the school employee shall provide notice as soon as reasonably possible and before the student leaves the school to:

(a) the student's parent; and

(b) school administration.

(6) In addition to the notice described in Subsection (5), if the use of physical restraint occurs more than 15 minutes, the school shall immediately provide notification to:

(a) the student's parent; and

(b) school administration.

(7) If a school employee physically restrains a student, the school or the school employee shall provide documentation of the physical restraint to the LEA's ESI committee described in Section R277-608-6, and the student's parent.

(8) A notice described in Subsections (5) and (6) shall be documented within the student information systems (SIS) records.

(9) Seclusionary time out may only be used when a student presents an immediate danger to self or others and when no other safe or effective intervention is available.

(10) A school employee may not use seclusionary time out as a means of discipline or punishment.

(11) A school employee may not place a student in a seclusionary time out for more than 30 minutes.

(12) If a school employee uses seclusionary timeout, the school employee shall:

(a) use the minimum time necessary to ensure safety, as reasonably understood by the school employee;

(b) use release criteria outlined in LEA policies;

(c) ensure that any door remains unlocked consistent with the fire and public safety requirements described in Rules R392-200 and R710-4;

(d) ensure the student is observed at all times by personnel who have received the comprehensive ESI training; and

(e) have used other less restrictive interventions before the use of seclusionary time out.

(13) If a student is placed in seclusionary time out, the school or the school employee shall provide notice as soon as reasonably possible and before the student leaves the school to:

(a) the student's parent; and

(b) school administration.

(14) In addition to the notice described in Subsection (13), if a school employee places a student in seclusionary time out for more than 15 minutes, the school employee shall immediately provide notice to:

(a) the student's parent; and

(b) school administration.

(15) If a student is placed in seclusionary time out, the school employee shall provide documentation of the physical restraint to the LEA's ESI committee described in Section R277-608-6.

(16) A notice described in Subsections (13) and (14) shall be documented within the student information systems (SIS) records.

(17) If a school employee uses any ESI, a school shall provide a parent with a copy of any notes or additional documentation, including a description of the physical space in which the seclusionary time out occurred or the type of physical restraint that was used, taken during the use of the ESI upon request of the student's parent.

(18) Within 48 hours of the school using an ESI with a student, a school shall provide notice to a parent that the parent may request a copy of any notes or additional documentation taken during the use of the ESI.

(19) A parent may request a time to meet with school staff and administration to discuss the use of an ESI.

Notes

Utah Admin. Code R277-608-5

Adopted by Utah State Bulletin Number 2025-06, effective 3/10/2025