††††† 704 KAR 7:160. Use of physical restraint and seclusion in public schools.

 

††††† RELATES TO: KRS 156.160(1)(h), 158.444(1)

††††† STATUTORY AUTHORITY: KRS 156.160(1)(h), 156.070, 158.444 (1)

††††† NECESSITY, FUNCTION, AND CONFORMITY: KRS 156.160(1)(h) and 158.444 (1) give the Kentucky Board of Education the authority to promulgate administrative regulations related to medical inspection, physical and health education and recreation, and other regulations necessary or advisable for the physical welfare and safety of the public school children. This administrative regulation establishes the requirements for the use of physical restraint and seclusion in districts and the notification and data reporting requirements for the use of physical restraint and seclusion in districts and does not prohibit the lawful exercise of law enforcement duties by sworn law enforcement officers.

 

††††† Section 1. Definitions. (1) "Aversive behavioral interventions" means a physical or sensory intervention program intended to modify behavior that the implementer knows would cause physical trauma, emotional trauma, or both, to a student even when the substance or stimulus appears to be pleasant or neutral to others and may include hitting, pinching, slapping, water spray, noxious fumes, extreme physical exercise, loud auditory stimuli, withholding of meals, or denial of reasonable access to toileting facilities.

††††† (2) "Behavioral intervention" means the implementation of strategies to address behavior that is dangerous or inappropriate, or otherwise impedes the learning of the students.

††††† (3) "Chemical restraint" means the use of medication to control behavior or restrict a studentís freedom of movement that includes over-the-counter medications used for purposes not specified on the label but does not include medication prescribed by a licensed medical professional and supervised by qualified and trained individuals in accordance with professional standards.

††††† (4) "Dangerous behavior" means behavior that presents an imminent danger of physical harm to self or others but does not include inappropriate behaviors such as disrespect, noncompliance, insubordination, or out of seat behaviors.

††††† (5) "De-escalation" means the use of behavior management techniques intended to:

††††† (a) Mitigate and defuse dangerous behavior of a student; or

††††† (b) Reduce the imminent danger of physical harm to self or others.

††††† (6) "Emancipated youth" means a student under the age of eighteen (18) who is or has been married or has by court order or otherwise been freed from the care, custody, and control of the studentís parents.

††††† (7) "Emergency" means a sudden, urgent occurrence, usually unexpected but sometimes anticipated, that requires immediate action.

††††† (8) "Mechanical restraint" means the use of any device or equipment to restrict a studentís freedom of movement, but does not include:

††††† (a) A device implemented by trained school personnel or utilized by a student that has been prescribed by an appropriate medical or related services professional that is used for the specific and approved purposes for which the device was designed;

††††† (b) An adaptive device or mechanical support used to achieve proper body position, balance, or alignment to allow greater freedom of mobility than would be possible without the use of the device or mechanical support;

††††† (c) A vehicle safety restraint if used as intended during the transport of a student in a moving vehicle;

††††† (d) Restraint for medical immobilization; or

††††† (e) An orthopedically prescribed device that permits a student to participate in activities without risk of harm.

††††† (9) "Parent" means a natural parent, a guardian, or an individual acting as a parent in the absence of a parent or a guardian of the student.

††††† (10) "Physical Restraint" means a personal restriction that immobilizes or reduces the ability of a student to move the studentís torso, arms, legs, or head freely, but does not include:

††††† (a) Temporary touching or holding of the hand, wrist, arm, shoulder, or back for the purpose of encouraging a student to move voluntarily to a safe location;

††††† (b) A behavioral intervention, such as proximity control or verbal soothing, used as a response to calm and comfort an upset student;

††††† (c) Less restrictive physical contact or redirection to promote student safety; or

††††† (d) Physical guidance or prompting when teaching a skill or redirecting the studentís attention.

††††† (11) "Positive behavioral supports" means a school-wide systematic approach to embed evidence-based practices and data-driven decision-making to:

††††† (a) Improve school climate and culture in order to achieve improved academic and social outcomes;

††††† (b) Increase learning for all students, including those with the most complex and intensive behavior needs;

††††† (c) Encompass a range of systemic and individualized positive strategies to reinforce desired behaviors;

††††† (d) Diminish reoccurrence of inappropriate or dangerous behaviors; and

††††† (e) Teach appropriate behaviors to students.

††††† (12) "Prone restraint" means the student is restrained in a face down position on the floor or other surface, and physical pressure is applied to the studentís body to keep the student in the prone position.

††††† (13) "School personnel" means teachers, principals, administrators, counselors, social workers, psychologists, paraprofessionals, nurses, librarians, school resource officers, sworn law enforcement officers, and other support staff who are employed in a school or who perform services in the school on a contractual basis.

††††† (14) "School resource officer" is defined in KRS 158.441(2).

††††† (15) "Seclusion" means the involuntary confinement of a student alone in a room or area from which the student is prevented from leaving but does not mean classroom timeouts, supervised in-school detentions, or out-of-school suspensions.

††††† (16) "Student" means any person enrolled in a preschool, school level as established in 703 KAR 5:240, Section 5, or other educational program offered by a local public school district.

††††† (17) "Supine restraint" means the student is restrained in a face up position on the studentís back on the floor or other surface, and physical pressure is applied to the studentís body to keep the student in the supine position.

††††† (18) "Timeout" means a behavior management technique that is part of an approved program, involves the monitored separation of the student in a non-locked setting, and is implemented for the purpose of calming.

 

††††† Section 2. (1) Each local school district shall establish policies and procedures that:

††††† (a) Ensure school personnel are aware of and parents are notified how to access the policies and procedures regarding physical restraint and seclusion;

††††† (b) Are designed to ensure the safety of all students, school personnel, and visitors;

††††† (c) Require school personnel to be trained in accordance with the requirements outlined in Section 6 of this administrative regulation;

††††† (d) Outline procedures to be followed during and after each use of physical restraint or seclusion, including notice to parents, documentation of the event in the student information system, and a process for the parent or emancipated youth to request a debriefing session;

††††† (e) Require notification, within twenty four (24) hours, to the Kentucky Department of Education and local law enforcement in the event of death, substantial risk of death, extreme physical pain, protracted and obvious disfigurement or protracted loss or impairment of the function of a bodily member, organ, or mental faculty resulting from the use of physical restraint or seclusion;

††††† (f) Outline a procedure by which parents may submit a complaint regarding the physical restraint or seclusion of their child, which shall require the district and school to investigate the circumstances surrounding the physical restraint or seclusion, make written findings, and if appropriate, take corrective action; and

††††† (g) Outline a procedure to regularly review data on physical restraint and seclusion usage and revise policies as needed.

††††† (2) Each local school district shall revise existing policies or develop policies consistent with this administrative regulation within ninety (90) calendar days of the effective date of this administrative regulation.

 

††††† Section 3. (1) Physical restraint shall not be used in a public school or educational program:

††††† (a) As punishment or discipline;

††††† (b) To force compliance or to retaliate;

††††† (c) As a substitute for appropriate educational or behavioral support;

††††† (d) To prevent property damage, except as permitted under KRS Chapter 503;

††††† (e) As a routine school safety measure; or

††††† (f) As a convenience for staff.

††††† (2) School personnel shall not impose the following on any student at any time:

††††† (a) Mechanical restraint;

††††† (b) Chemical restraint;

††††† (c) Aversive behavioral interventions;

††††† (d) Physical restraint that is life-threatening;

††††† (e) Prone or supine restraint; or

††††† (f) Physical restraint if they know that physical restraint is contraindicated based on the studentís disability, health care needs, or medical or psychiatric condition.

††††† (3) Physical restraint may only be implemented in a public school or educational program if:

††††† (a) The studentís behavior poses an imminent danger of physical harm to self or others and as permitted under KRS 503.050, 503.070, and 503.110;

††††† (b) The physical restraint does not interfere with the studentís ability to communicate in the studentís primary language or mode of communication, unless the student uses sign language or an augmentative mode of communication as the studentís primary mode of communication and the implementer determines that freedom of the studentís hands for brief periods during the restraint appears likely to result in physical harm to self or others;

††††† (c) The studentís physical and psychological well-being is monitored for the duration of the physical restraint;

††††† (d) Less restrictive behavioral interventions have been ineffective in stopping the imminent danger of physical harm to self or others, except in the case of a clearly unavoidable emergency situation posing imminent danger of physical harm to self or others; and

††††† (e) School personnel implementing the physical restraint are appropriately trained as required by Section 6(3) of this administrative regulation, except to the extent necessary to prevent physical harm to self or others in clearly unavoidable emergency circumstances where other school personnel intervene and summon trained school personnel as soon as possible.

††††† (4) When implementing a physical restraint, school personnel shall use only the amount of force reasonably believed to be necessary to protect the student or others from imminent danger of physical harm.

††††† (5) The use of physical restraint shall end as soon as:

††††† (a) The studentís behavior no longer poses an imminent danger of physical harm to self or others; or

††††† (b) A medical condition occurs putting the student at risk of harm.

 

††††† Section 4. (1) Seclusion shall not be used in a public school or educational program:

††††† (a) As punishment or discipline;

††††† (b) To force compliance or to retaliate;

††††† (c) As a substitute for appropriate educational or behavioral support;

††††† (d) To prevent property damage in the absence of imminent danger of physical harm to self or others;

††††† (e) As a routine school safety measure;

††††† (f) As a convenience for staff; or

††††† (g) As a substitute for timeout.

††††† (2) Seclusion may only be implemented in a public school or educational program if:

††††† (a) The studentís behavior poses an imminent danger of physical harm to self or others;

††††† (b) The student is visually monitored for the duration of the seclusion;

††††† (c) Less restrictive interventions have been ineffective in stopping the imminent danger of physical harm to self or others; and

††††† (d) School personnel implementing the seclusion are appropriately trained to use seclusion.

††††† (3) The use of seclusion shall end as soon as:

††††† (a) The studentís behavior no longer poses an imminent danger of physical harm to self or others; or

††††† (b) A medical condition occurs putting the student at risk of harm.

††††† (4) A setting used for seclusion shall:

††††† (a) Be free of objects and fixtures with which a student could inflict physical harm to self or others;

††††† (b) Provide school personnel a view of the student at all times;

††††† (c) Provide adequate lighting and ventilation;

††††† (d) Be reviewed by district administration to ensure programmatic implementation of guidelines and data related to its use;

††††† (e) Have an unlocked and unobstructed door; and

††††† (f) Have at least an annual fire and safety inspection.

 

††††† Section 5. (1) All physical restraints and seclusions shall be documented by a written record of each use of seclusion or physical restraint and be maintained in the studentís education record. Each record of a use of physical restraint or seclusion shall be informed by an interview with the student and shall include:

††††† (a) The studentís name;

††††† (b) A description of the use of physical restraint or seclusion and the student behavior that resulted in the physical restraint or seclusion;

††††† (c) The date of the physical restraint or seclusion and school personnel involved;

††††† (d) The beginning and ending times of the physical restraint or seclusion;

††††† (e) A description of any events leading up to the use of physical restraint or seclusion including possible factors contributing to the dangerous behavior;

††††† (f) A description of the studentís behavior during physical restraint or seclusion;

††††† (g) A description of techniques used in physically restraining or secluding the student and any other interactions between the student and school personnel during the use of physical restraint or seclusion;

††††† (h) A description of any behavioral interventions used immediately prior to the implementation of physical restraint or seclusion;

††††† (i) A description of any injuries to students, school personnel, or others;

††††† (j) A description as to how the studentís behavior posed an imminent danger of physical harm to self or others;

††††† (k) The date the parent was notified;

††††† (l) A description of the effectiveness of physical restraint or seclusion in de-escalating the situation;

††††† (m) A description of the school personnel response to the dangerous behavior;

††††† (n) A description of the planned positive behavioral interventions which shall be used to reduce the future need for physical restraint or seclusion of the student; and

††††† (o) For any student not identified as eligible for services under either Section 504 of the Rehabilitation Act or the Individuals with Disabilities Education Act, documentation of a referral under either law or documentation of the basis for declining to refer the student.

††††† (2) If the student is not an emancipated youth, the parent of the student shall be notified of the physical restraint and seclusion verbally or through electronic communication, if available to the parent, as soon as possible within twenty-four (24) hours of the incident. If the parent cannot be reached within twenty-four (24) hours, a written communication shall be mailed to the parent via U.S. mail.

††††† (3) The principal of the school shall be notified of the seclusion or physical restraint as soon as possible, but no later than the end of the school day on which it occurred.

††††† (4) The physical restraint or seclusion record as outlined in subsection (1) of this section shall be completed by the end of the next school day following the use of seclusion or physical restraint.

††††† (5) If the parent or emancipated youth requests a debriefing session under Section 2(1)(d) of this administrative regulation, a debriefing session shall be held after the imposition of physical restraint or seclusion upon a student.

††††† (6) The following persons shall participate in the debriefing session:

††††† (a) The implementer of the physical restraint or seclusion;

††††† (b) At least two (2) of any other school personnel who were in the proximity of the student immediately before or during the physical restraint or seclusion;

††††† (c) The parent of an unemancipated student;

††††† (d) The student, if the parent requests or if the student is an emancipated youth; and

††††† (e) Appropriate supervisory and administrative school personnel, which may include appropriate Admissions and Release Committee members, Section 504 team members, or response to intervention team members.

††††† (7) The debriefing session shall occur as soon as practicable, but not later than five (5) school days following the request of the parent or the emancipated youth, unless delayed by written mutual agreement of the parent or emancipated youth and the school.

††††† (8) The debriefing session shall include:

††††† (a) Identification of the events leading up to the seclusion or physical restraint;

††††† (b) Consideration of relevant information in the studentís records and information from teachers, parents, other school district professionals, and the student;

††††† (c) Planning for the prevention and reduction of the need for seclusion or physical restraint, with consideration of recommended appropriate positive behavioral supports and interventions to assist school personnel responsible for implementing the studentís IEP, or Section 504 plan, or response to intervention plan, if applicable, and consideration of whether positive behavioral supports and interventions were implemented with fidelity; and

††††† (d) For any student not identified as eligible for services under either Section 504 of the Rehabilitation Act or the Individuals with Disabilities Education Act, consideration of a referral under either law and documentation of the referral or documentation of the basis for declining to refer the student.

††††† (9) All documentation utilized in the debriefing session shall become part of the studentís education record.

 

††††† Section 6. (1)(a) All school personnel shall be trained in state administrative regulations and school district policies and procedures regarding physical restraint and seclusion.

††††† (b) All school personnel shall be trained annually to use an array of positive behavioral supports and interventions to:

††††† 1. Increase appropriate student behaviors;

††††† 2. Decrease inappropriate or dangerous student behaviors; and

††††† 3. Respond to dangerous behavior.

††††† (c) This training may be delivered utilizing web-based applications.

††††† (d) This training shall include:

††††† 1. Appropriate procedures for preventing the need for physical restraint and seclusion, including positive behavioral supports and interventions;

††††† 2. State administrative regulations and school district policies and procedures regarding physical restraint and seclusion;

††††† 3. Proper use of positive reinforcement;

††††† 4. The continuum of use for alternative behavioral interventions;

††††† 5. Crisis prevention;

††††† 6. De-escalation strategies for responding to inappropriate or dangerous behavior, including verbal de-escalation, and relationship building; and

††††† 7. Proper use of seclusion as established in Section 4 of this administrative regulation, including instruction on monitoring physical signs of distress and obtaining medical assistance if necessary.

††††† (2) All school personnel shall receive annual written or electronic communication from the district identifying core team members in the school setting who have been trained to implement physical restraint.

††††† (3) A core team of selected school personnel shall be designated to respond to dangerous behavior and to implement physical restraint of students. The core team, except school resource officers and other sworn law enforcement officers, shall receive additional yearly training in the following areas:

††††† (a) Appropriate procedures for preventing the use of physical restraint except as permitted by this administrative regulation;

††††† (b) A description and identification of dangerous behaviors that may indicate the need for physical restraint and methods for evaluating the risk of harm in individual situations, in order to determine whether the use of physical restraint is safe and warranted;

††††† (c) Simulated experience of administering and receiving physical restraint, and instruction regarding the effect on the person physically restrained, including instruction on monitoring physical signs of distress and obtaining medical assistance;

††††† (d) Instruction regarding documentation and notification requirements and investigation of injuries; and

††††† (e) Demonstration by core team members of proficiency in the prevention and use of physical restraint.

 

††††† Section 7. The following data shall be reported by the district in the student information system related to incidents of physical restraint and seclusion:

††††† (1) Aggregate number of uses of physical restraint;

††††† (2) Aggregate number of students placed in physical restraint;

††††† (3) Aggregate number of uses of seclusion;

††††† (4) Aggregate number of students placed in seclusion;

††††† (5) Aggregate number of instances of substantial risk of death, extreme physical pain, protracted and obvious disfigurement or protracted loss or impairment of the function of a bodily member, organ, or mental faculty to students related to physical restraint and seclusion;

††††† (6) Aggregate number of instances of substantial risk of death, extreme physical pain, protracted and obvious disfigurement or protracted loss or impairment of the function of a bodily member, organ, or mental faculty to school personnel related to physical restraint and seclusion; and

††††† (7) Aggregate number of instances in which a school resource officer or other sworn law enforcement officer is involved in the physical restraint or seclusion of a student. (39 Ky.R. 678; 1207; 1400; eff. 2-1-2013.)