1(1) 2DOCUMENTATION AND REPORTING.5-6(a) 7A school shall prepare an incident report within 24 hours after a student is released from restraint or seclusion. If the student’s release occurs on a day before the school closes for the weekend, a holiday, or another reason, the incident report must be completed by the end of the school day on the day the school reopens.
65(b) 66The following must be included in the incident report:751. 76The name of the student restrained or secluded.
842. 85The age, grade, ethnicity, and disability of the student restrained or secluded.
973. 98The date and time of the event and the duration of the restraint or seclusion.
1134. 114The location at which the restraint or seclusion occurred.
1235. 124A description of the type of restraint used in terms established by the Department of Education.
1406. 141The name of the person using or assisting in the restraint or seclusion of the student.
1577. 158The name of any nonstudent who was present to witness the restraint or seclusion.
1728. 173A description of the incident, including:179a. 180The context in which the restraint or seclusion occurred.
189b. 190The student’s behavior leading up to and precipitating the decision to use manual or physical restraint or seclusion, including an indication as to why there was an imminent risk of serious injury or death to the student or others.
229c. 230The specific positive behavioral strategies used to prevent and deescalate the behavior.
242d. 243What occurred with the student immediately after the termination of the restraint or seclusion.
257e. 258Any injuries, visible marks, or possible medical emergencies that may have occurred during the restraint or seclusion, documented according to district policies.
280f. 281Evidence of steps taken to notify the student’s parent or guardian.
292(c) 293A school shall notify the parent or guardian of a student each time manual or physical restraint or seclusion is used. Such notification must be in writing and provided before the end of the school day on which the restraint or seclusion occurs. Reasonable efforts must also be taken to notify the parent or guardian by telephone or computer e-mail, or both, and these efforts must be documented. The school shall obtain, and keep in its records, the parent’s or guardian’s signed acknowledgment that he or she was notified of his or her child’s restraint or seclusion.
390(d) 391A school shall also provide the parent or guardian with the completed incident report in writing by mail within 3 school days after a student was manually or physically restrained or secluded. The school shall obtain, and keep in its records, the parent’s or guardian’s signed acknowledgment that he or she received a copy of the incident report.
449(2) 450MONITORING.451-452(a) 453Monitoring of the use of manual or physical restraint or seclusion on students shall occur at the classroom, building, district, and state levels.
476(b) 477Documentation prepared as required in subsection (1) shall be provided to the school principal, the district director of Exceptional Student Education, and the bureau chief of the Bureau of Exceptional Education and Student Services electronically each month that the school is in session.
520(c) 521The department shall maintain aggregate data of incidents of manual or physical restraint and seclusion and disaggregate the data for analysis by county, school, student exceptionality, and other variables, including the type and method of restraint or seclusion used. This information shall be updated monthly.
566(d) 567The department shall establish standards for documenting, reporting, and monitoring the use of manual or physical restraint or mechanical restraint, and occurrences of seclusion. These standards shall be provided to school districts by October 1, 2011.
603(3) 604SCHOOL DISTRICT POLICIES AND PROCEDURES.609-610(a) 611Each school district shall develop policies and procedures that are consistent with this section and that govern the following:6301. 631Incident-reporting procedures.
6332. 634Data collection and monitoring, including when, where, and why students are restrained or secluded; the frequency of occurrences of such restraint or seclusion; and the prone or mechanical restraint that is most used.
6673. 668Monitoring and reporting of data collected.
6744. 675Training programs relating to manual or physical restraint and seclusion.
6855. 686The district’s plan for selecting personnel to be trained.
6956. 696The district’s plan for reducing the use of restraint and seclusion particularly in settings in which it occurs frequently or with students who are restrained repeatedly, and for reducing the use of prone restraint and mechanical restraint. The plan must include a goal for reducing the use of restraint and seclusion and must include activities, skills, and resources needed to achieve that goal. Activities may include, but are not limited to:767a. 768Additional training in positive behavioral support and crisis management;
777b. 778Parental involvement;
780c. 781Data review;
783d. 784Updates of students’ functional behavioral analysis and positive behavior intervention plans;
795e. 796Additional student evaluations;
799f. 800Debriefing with staff;
803g. 804Use of schoolwide positive behavior support; and
811h. 812Changes to the school environment.
817(b) 818Any revisions to the district’s policies and procedures, which must be prepared as part of its special policies and procedures, must be filed with the bureau chief of the Bureau of Exceptional Education and Student Services no later than January 31, 2012.
860(4) 861PROHIBITED RESTRAINT.863-864School personnel may not use a mechanical restraint or a manual or physical restraint that restricts a student’s breathing.
883(5) 884SECLUSION.885-886School personnel may not close, lock, or physically block a student in a room that is unlit and does not meet the rules of the State Fire Marshal for seclusion time-out rooms.
