Utah Admin. Code R277-609-5 - Physical Restraint and Seclusionary Time Out
(1) When used consistently with an LEA plan
under Subsection R277-609-4(1):
(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 and
a release criteria, as outlined in LEA policies, must be
implemented.
(2) If a
public education employee physically restrains a student, the school or the
public education employee shall provide notice as soon as reasonably possible
and before the student leaves the school as described in Section
R277-609-10 to the student's
parent.
(3) A public education
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 emergency intervention training program ;
(b) 30 minutes; or
(c) when law enforcement
arrives.
(4) A public
education employee may not use physical restraint as a means of discipline or
punishment.
(5) If a public
education employee uses seclusionary time out , the public education employee
shall:
(a) use the minimum time necessary to
ensure safety;
(b) use release
criteria as 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) maintain
the student within line of sight of the public education employee;
(e) use the seclusionary time out consistent
with the LEA's plan described in Section
R277-609-4; and
(f) ensure that the enclosed area meets the
fire and public safety requirements described in Rules R392-200 and
R710-4.
(6) If a student
is placed in seclusionary time out , the school or the public education 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.
(7) A
public education employee may not place a student in a seclusionary time out
for more than 30 minutes.
(8) In
addition to the notice described in Subsection (7), if a public education
employee places a student in seclusionary time out for more than 15 minutes,
the school or the public education employee shall immediately provide notice
to:
(a) the student's parent or guardian;
and
(b) school
administration.
(9)
Seclusionary time out may only be used for maintaining safety.
(10) A public education employee may not use
seclusionary time out as a means of discipline or punishment.
Notes
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