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JGAB - Use of Restraint and Seclusion

Code:  JGAB
Readopted:  5/14/18
Adopted:   12/15/14
Orig. Code(s):  JGAB

The district is dedicated to the development and application of best practices within its educational/behavioral programs.  This policy shall define the circumstances that must exist and the requirements that must be met prior to, during and after the use of restraint and/or seclusion as an intervention with district students.

Definitions
  1. “Physical restraint” means the restriction of a student’s movement by one or more persons holding the student or applying physical pressure upon the student.  “Physical restraint” does not include touching or holding a student without the use of force for the purpose of directing the student or assisting the student in completing a task or activity.
  2. “Seclusion” means the involuntary confinement of a student alone in a room from which the student is physically prevented from leaving.  Seclusion does not include the removal of a student for a short period of time to provide the student with an opportunity to regain self-control in a setting from which the student is not physically prevented from leaving.
  3. “Serious bodily injury” means any significant impairment of the physical condition of a person, as determined by qualified medical personnel, whether self-inflicted or inflicted by someone else.
  4. “Mechanical restraint” means a device used to restrict the movement of a student or the movement or normal function of a portion of the body of a student.  “Mechanical restraint” does not include:

a.   A protective or stabilizing device ordered by a licensed physician; or

b.   A vehicle safety restraint when used as intended during the transport of a
      student in a moving vehicle.

5.  “Chemical restraint” means a drug or medication that is used on a student to control
      behavior or restrict freedom of movement that has not been prescribed by a licensed
       health professional or other qualified health care professional acting under the
       professionals scope of practice.

6.  “Prone restraint” means a restraint in which a student is held face down on the floor.

The use of a chemical restraint, mechanical restraint or prone restraint of a student is prohibited by Oregon law.

Use of Restraint or Seclusion

The use of physical restraint and/or seclusion is only permitted when other less restrictive interventions would not be effective and the student’s behavior poses a reasonable threat of imminent, serious bodily injury to the student or others.

Except in the case of an emergency, only staff currently trained in accordance with an Oregon Department of Education (ODE) approved physical restraint and seclusion training program will implement physical restraint or seclusion with a student.  In an emergency, physical restraint and/or seclusion may also be used by a school administrator, teacher, other school employee or school volunteer as necessary when the student’s behavior imposes a reasonable threat of imminent, serious bodily injury to the student or to others and trained personnel are not immediately available.  The use of physical restraint/seclusion under all circumstances is only allowed so long as the student’s behavior poses a threat of imminent, serious bodily injury to the student or to others.  Any student being restrained or secluded within the district shall be constantly monitored by staff for the duration of the intervention.  Any room used for seclusion of a student must meet the standards outlined by the applicable Oregon Administrative Rules.

The district shall utilize the OIS training program on physical restraints and seclusion.  As required by state regulation, the selected program shall include: positive behavioral support, conflict prevention, de-escalation and crisis response techniques.  Any program selected by the district must be in compliance with state and federal law with respect to the use of restraint and/or seclusion.

Annual Review

An annual review of the use of physical restraint and seclusion shall be completed to ensure compliance with district policies and procedures.  The results of the annual review shall be documented and shall include at a minimum:

  1. The total number of incidents of restraint;
  2. The total number of incidents of seclusion;
  3. The total number of seclusions in a locked room;
  4. The total number of students placed in physical restraint;
  5. The total number of students placed in seclusion;
  6. The total number of incidents that resulted in injuries or death to students or personnel as a result of the use of physical restraint or seclusion;
  7. The total number of students placed in restraint and/or seclusion more than 10 times in a school year and an explanation of what steps have been taken by the District to decrease the use of physical restraint and seclusion for each student;
  8. The total number of restraint and seclusion incidents carried out by untrained individuals;
  9. The demographic characteristics of all students upon whom physical restraint and/or seclusion was imposed;
  10. The total number of rooms available for use by the district for seclusion of a student, the location of the rooms and a description of the dimensions and design of the rooms.

This report shall be made available to the Board and to the public at the district’s main office and on the district’s website.

At least once each school year parents and guardians of students shall be notified as to how to access the report.

The district shall investigate all complaints regarding the use of restraint and/or seclusion practices according to the procedures outlined in Board policy KL – Public Complaints.  The complaint procedure is available at the district’s administrative office and is available on the home page of the district’s website.

A complainant, who is a student, is a parent or guardian of a student attending school in the district or is a person who resides in the district, may appeal a final decision by the Board to the Deputy Superintendent of Public Instruction as provided in OAR 581-002-0040.  This appeal process is identified in administrative regulation KL-AR(2) - Appeal to the Deputy Superintendent of Public Instruction.

The superintendent shall develop administrative regulations to carry out the requirements set forth in this policy and to meet any additional requirements established by law related to the use, reporting and written documentation of the use of physical restraint or seclusion by district personnel.

END OF POLICY


Legal Reference(s):
ORS 161.205
ORS 339.250
ORS 339.285
ORS 339.288

 

OAR 581-021-0061
OAR 581-021-0550
OAR 581-021-0553
OAR 581-021-0556
OAR 581-021-0559
OAR 581-021-0563
OAR 581-021-0566
OAR 581-021-0568
OAR 581-021-0569
OAR 581-021-0570
OAR 581-022-2370

Cross Reference(s):

JGA - Corporal Punishment