Restraint and Seclusion��
Regulation 704 KAR 7:160
Use of Physical Restraint and Seclusion in Public Schools
* The regulation establishes requirements for use of physical
restraint and seclusion in districts designed to promote safety of students,
personnel and visitors.
* The regulation establishes notification and data reporting requirements for
the use of physical restraint and seclusion in districts.
* Nothing in the FCS Physical Restraint and Seclusion Policy 09.2212 prohibits
the exercise of Law Enforcement duties by sworn Law Enforcement Officers.
KAR Requirements Cont.
* Districts shall establish policies and procedures that: ensure school
personnel are aware of and parents are notified on how to access the
policies and procedures regarding physical restraint and seclusion.
* All school personnel shall be trained annually on the Use of Physical
Restraint and Seclusion
* A core team of personnel from each school will receive additional training
(SCM) to respond to dangerous behavior and to implement physical
restraint.
Definitions
* Physical restraint – a personal restriction that immobilizes or reduces the ability of a student to move the student’s torso, arms, legs, or head freely.
* Seclusion – 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.
When not to use Restraint and/or Seclusion
* Physical restraint shall not be used in a public school or
educational program
* As a punishment or discipline
* To force compliance or to retaliate
* As a substitute for appropriate educational or behavioral support
* To prevent property damage, except as permitted under KRS Chapter 503
* As a routine school safety measure or
* As a convenience for staff or
* As a substitute for time-out
All School Personnel
* Use of physical restraint by ALL SCHOOL PERSONNEL is permitted when a student’s behavior poses an imminent danger or physical harm to self or others in clearly unavoidable emergency circumstances. In such situations, staff who have not had core training in (SCM) may physically restrain students, but shall summon core (SCM) trained personnel as soon as possible.
In all situations involving use of physical restraint (including restraint by core trained personnel in (SCM)
(SCM) Core Trained Personnel
School personnel who have undergone core team training may also use physical restraint after less restrictive behavioral interventions have been ineffective in stopping misbehavior as noted below.
Seclusion
Seclusion may be implemented only if; the student’s behavior poses an imminent danger of physical harm to self or others; less restrictive interventions have been ineffective in stopping the imminent danger or physical harm; the student is monitored visually for the duration of the seclusion; and staff are appropriately trained to use seclusion.
Seclusion Area must:
* Be free of objects and fixtures with which a student could inflict
physical harm to self / others.
* Provide school personnel a view of the student at all times.
* Provide adequate lighting and ventilation; Have an unlocked and
unobstructed door; and Have at least an annual fire and safety
inspection
Notification Requirements
The principal of the school shall be notified as soon as possible when seclusion or physical restraint is used, but no later than the end of the school day on which it occurs.
Following each incident of physical restraint or seclusion of a student and if the student is not an emancipated youth, the parent of the student shall be notified of the incident either verbally or though electronic communication as soon as possible within twenty-four (24) hours of the incident. If the parent cannot be reached during that time frame, a written communication shall be mailed via U.S. mail.
If death, substantial risk of death, extreme physical pain, protracted and obvious disfigurement or protracted loss or impairment of the functions of a bodily member, organ, or mental faculty results from use of physical restraint or seclusion, the Superintendent shall notify the Kentucky Department of Education and Local Law Enforcement within twenty-four (24) hours.
Documentation
All incidents involving physical restraint or seclusion shall be documented by a written record of each use by the end of the next school day, and the documentation shall be maintained in the student’s education record. In addition, each entry shall be informed by an interview with the student and include information required by 704 KAR 007:160.
Specified data related to incidents of physical restraints and seclusion shall be reported in the state student information system – Infinite Campus.
Debriefing Session
If the parent or emancipated student requests a debriefing session following use or parental notification of the use of physical restraint or seclusion, individuals who are to participate shall be those specified by state regulation.
A requested debriefing session shall occur as soon as practicable, but no later than five (5) school days following receipt of the request, unless a meeting is delayed by written mutual agreement of the parent / emancipated student and the school.
Parent Complaints
Parents may submit a complaint regarding the physical restraint or seclusion of their child using the Board’s grievance policy and procedures. On receipt of a complaint, the District and school shall investigate the circumstances surrounding the physical restraint or seclusion, make written findings, and, where appropriate, take corrective action.
Statements from Physician
The Superintendent shall review and respond to any statement received from a student’s licensed physician that the student is not to be subjected to physical restraint.
Safe Crisis Management
* In Floyd County; A Core Team at each school is trained annually in
Safe Crisis Management (SCM) and will follow the guidelines set
forth within said program for appropriate holds, transports, etc. to
use when it is necessary to restrain a student.
Trainers for Floyd County Schools
* Tommy Gearheart, Chief Safety Officer, Central Office
* Steffany Akers, Special Education Teacher, BLE
* Beth Hall, Special Education Teacher, DACE
* Rady Martin, Assistant Principal, PES
* Jason King, Technology Dept. , Central Office