Print
Share page with AddThis

JKAA - Seclusion and Intentional Physical Contact

I.  Definitions:

  1. “Restraint” means bodily physical restriction, mechanical devices, or any device that immobilizes a person or restricts the freedom of movement. It includes mechanical restraint, physical restraint, and medication restraint used to control behavior in an emergency or any involuntary medication. It is limited to actions taken by persons who are District staff members, contractors, or otherwise under the control or direction of the district.

    “Restraint” shall not include:
    1. Brief touching or holding to calm, comfort, encourage, or guide a child, so long as limitation of freedom of movement of the child does not occur.
    2. The temporary holding of the hand, wrist, arm, shoulder, or back for the purpose of inducing a child to stand, if necessary, and then walk to a safe location, so long as the child is in an upright position and moving toward a safe location.
    3. Physical devices, such as orthopedically prescribed appliances, surgical dressings and bandages, and supportive body bands, or other physical holding when necessary for routine physical examinations and tests or for orthopedic, surgical, and other similar medical treatment purposes, or when used to provide support for the achievement of functional body position or proper balance or to protect a person from falling out of bed, or to permit a child to participate in activities without the risk of physical harm.
    4. The use of seat belts, safety belts, or similar passenger restraints during the transportation of a child in a motor vehicle.
    5. The use of force by a person to defend himself or herself or a third person from what the actor reasonably believes to be the imminent use of unlawful force by a child, when the actor uses a degree of such force which he or she reasonably believes to be necessary for such purpose and the actor does not immobilize a child or restrict the freedom of movement of the torso, head, arms, or legs of any child.
  2. “Medication restraint” occurs when a child is given medication involuntarily for the purpose of immediate control of the child’s behavior.
  3. “Mechanical restraint” occurs when a physical device or devices are used to restrict the movement of a child or the movement or normal function of a portion of his or her body.
  4. “Physical restraint” occurs when a manual method is used to restrict a child’s freedom of movement or normal access to his or her body.
  5. “Seclusion” means the involuntary placement of a child alone in a place where no other person is present and from which the particular child is unable to exit, either due to physical manipulation by a person, a lock, or other mechanical device or barrier. The term shall not include the voluntary separation of a child from a stressful environment for the purpose of allowing the child to regain self-control, when such separation is to an area which a child is able to leave. Seclusion does not include circumstances in which there is no physical barrier between the child and any other person and the child is physically able to leave the place. A circumstance may be considered seclusion even if a window or other device for visual observation is present, if the other elements of this definition are satisfied.
  6. “Serious injury” means any harm to the body which requires hospitalization or results in the fracture of any bone non-superficial lacerations, injury to any internal organ, second- or third-degree burns, or any severe, permanent, or protracted loss or impairment to the health or function of any part of the body.

II.  Procedures for Managing the Behavior of Students:  (RSA 126 U: 2):

The Superintendent is authorized to establish procedures for managing the behavior.  Such procedures shall be consistent with this policy and all applicable laws.  The Superintendent is further authorized to establish any other procedures necessary to implement this policy and/or any other legal requirements. 

III.  Circumstances in Which Restraint May Be Used:  (RSA 126 U: 2):

Restraint will be used only to ensure the immediate physical safety of persons when there is a substantial and imminent risk of serious bodily harm to the student or others. The determination of whether the use of restraint is justified my be made with consideration of all relevant circumstances, including whether continued acts of violence by a student to inflict damage to property will create a substantial risk or serious bodily harm to the student or others. Restraint shall be used only by trained personnel using extreme caution when all other interventions have failed or have been deemed inappropriate.  

Persons implementing a restraint will use extreme caution, and will use the least amount of physical strength necessary to protect the student.  The use of physical intervention should not exceed that necessary to avoid injury.  The degree of physical restriction employed must be in proportion to the circumstances of the incident and the potential consequences.  School administration may elect to contact the local law enforcement agency for support if necessary. 
The restraint of a student will be conducted in a manner consistent with the techniques prescribed in the District approved training program.  The purpose of the restraint is to assist the student to regain emotional stability.  It should last only as long as is necessary to accomplish this.  To the extent possible, it will be conducted in such a way as to preserve the confidentiality and dignity of all involved. Restraint shall never be used explicitly or implicitly as punishment for the behavior of a student. 

The use of medication restraint is expressly prohibited. 

Restraint should be carried out by trained persons authorized by the Superintendent, Special Education Administrator, Principal, Director, or his/her designee.  Untrained staff is limited to physically intervening by using the minimal amount of physical contact with the student to protect the student and ensure the safety of others until trained staff is available.  Untrained staff must request assistance from trained staff as soon as possible.
 
IV.  Authorization and  Monitoring of Extended Restraint:  (RSA 126 U:11):

  1. Restraint shall not be imposed for longer than is necessary to protect the student or other from the substantial and imminent risk of serious bodily harm.
  2. Students in restraint shall be continuously and directly observed by district personnel trained in the safe use of restraint.
  3. No period of restraint of a student may exceed 15 minutes without the approval of a supervisory employee designated by the Building Principal to provide such approval.
  4. No period of restraint of a student may exceed 30 minutes unless a face-to-face assessment of the mental, emotional, and physical well-being of the student is conducted by a supervisory employee designated by the Building Principal who is trained to conduct such assessments.  The assessment shall also include a determination of whether the restraint is being conducted safely and for a purpose authorized by this chapter.  Such assessments shall be repeated at least every 30 minutes during the period of restraint.  Each such assessment shall be documented in writing and such records shall be retained by the school as part of the written notification required in RSA 126 U: 7, II.

V.  Prohibition of Dangerous Restraint Techniques:  (RSA 126 U: 4):
 
Use of the following restraint and behavior control techniques is prohibited: 

  1. Any physical restraint or containment technique that:
     
    1. Obstructs a child’s respiratory airway or impairs the child’s breathing or respiratory capacity or restricts the movement required for normal breathing;
    2. Places pressure or weight on, or causes the compression of, the chest, lungs, sternum, diaphragm, back, or abdomen of a child;
    3. Obstructs the circulation of blood;
    4. Involves pushing on or into the child’s mouth, nose, eyes, or any part of the face or involves covering the face or body with anything, including soft objects such as pillows, blankets, or washcloths; or
    5. Endangers a child’s life or significantly exacerbates a child’s medical condition.
    6. The intentional infliction of pain, including the use of pain inducement to obtain compliance.
  2. The intentional release of noxious, toxic, caustic, or otherwise unpleasant substances near a child for the purpose of controlling or modifying the behavior of or punishing the child.
  3. Any technique that unnecessarily subjects the child to ridicule, humiliation, or emotional trauma.

VI.  Seclusion: RSA 126-U: 5-a, 126-U: 5-b):

Seclusion may only be used when a student’s behavior poses a substantial and imminent risk of physical harm to the student or others, and may only continue until that danger has dissipated. 
Seclusion shall only be used by trained personnel after other approaches to the control of behavior have been attempted and been unsuccessful, or are reasonably concluded to be unlikely to succeed based on the history of actual attempts to control the behavior of a particular student. 
Seclusion shall not be used as a form of punishment or discipline,. Seclusion shall not be used in a manner that unnecessarily subjects the student to the risk of ridicule, humiliation, or emotional or physical harm. 
Rooms used for seclusion shall meet the minimum requirements set forth in RSA 126-U. Doors shall either not be equipped with locks or will be equipped with devices that automatically disengage the lock in case of an emergency. 
Each use of seclusion shall be directly and continuously visually and auditorially monitored by a person trained in the safe use of seclusion. 

VII.  Seclusion and Restraint - Reporting Requirements and Parental Notification:  (RSA 126 U: 7): 

Unless prohibited by court order, in the event restraint or seclusion are used on a student, the building principal or his/her designee, will make reasonable efforts to verbally notify the student’s parents/guardian and guardian ad litem. Such notification must be made as soon as practicable and in no event later than the time of the return of the student to the parent/guardian or at the end of the business day, whichever is earlier. The 
parent/guardian should receive actual notice of the incident at the earliest practicable time.
 
The employee who uses seclusion or restraint, or if the employee is unavailable, the Building Principal will, within 5 days after the occurrence, submit a written notification/report to the Building Principal and the Superintendent or his/her designee.   

The notification shall contain all the requirements and information as mandated by RSA 126 U: 7, II.  The Superintendent shall develop a reporting form or other documents necessary to satisfy these reporting requirements. 
Unless prohibited by court order, the Building Principal or his/her designee shall provide the student’s parents/guardian and guardian ad litem with a copy of the written notification within 2 business days of the Principal’s receipt of the notification. Each notification/report prepared under this section shall be retained by the school or facility for review in accordance with rules adopted under RSA 541-A by the State Board of Education and the Department of Health and Human Services. 

When restraint or seclusion has been used for the first time upon a student with a disability under the IDEA or Section 504, the student’s IEP, or Section 504 Team shall meet to review the student’s IEP or Section 504 plan and make such adjustments as are indicated to eliminate or reduce the future use of restraint or seclusion. A parent or guardian may request such a meeting at any time following an instance of restraint or seclusion, and such request shall be granted if there have been multiple instances of restraint or seclusion since the last review. 

VIII.  Intentional Physical Contact, Other Than Restraint: RSA 126-U: 7):

Whenever a school employee has intentional physical contact with a student which is in response to a student’s aggression, misconduct, or disruptive behavior, a representative of the school or facility shall make reasonable efforts to promptly notify the student’s parent or guardian. Such notification shall be made no later than the time of the return of the student to the parent or guardian or at the end of the business day, whichever is earlier. Notification shall be made in a manner calculated to give the parent/guardian actual notice of the incident at the earliest practicable time. 

Within 5 business days of such an occurrence, the school will provide a written description of the incident. The description shall include the information required by RSA 126-U: 7, V. The Superintendent shall develop a reporting form or other documents necessary to satisfy these reporting requirements. 

The additional notice and reporting requirements shall not apply when:

  1. A student is escorted from an area by way of holding of the hand, wrist, arm,shoulder, or back to induce the student to walk to a safe location. However, if the student is actively combative, assaultive, or self-injurious while being escorted, the additional notice and reporting requirements set forth in this policy shall apply.
  2. Actions are taken such as separating students from each other, inducing a student to stand, or otherwise physically preparing a student to be escorted.
  3. The contact with the student is incidental or minor, such as for the purpose of gaining a misbehaving student’s attention. However, blocking of a blow, forcible release from a grasp, or other significant and intentional physical contact with a disruptive or assaultive student shall be subject to the additional notice and reporting requirements set forth above.
  4. The incident is subject to the “Reporting Requirements and Parental Notification” set forth in this policy.

IX.  Transportation:  (RSA 126 U: 12):

The School District will not use mechanical restraints during the transportation of children unless case-specific circumstances dictate that such methods are necessary. 
Whenever a student is transported to a location outside the school, the Superintendent or designee will ensure that all reasonable and appropriate measures consistent with public safety are made to transport or escort the student in a manner which: 

  1. Prevents physical and psychological trauma;
  2. Respects the privacy of the child; and
  3. Represents the least restrictive means necessary for the safety of the child.

Whenever a student is transported using mechanical restraints, the Superintendent or designee will document in writing the reasons for the use of the mechanical restraints.  Such documentation shall be treated as a notification of restraint under RSA 126-U:7 (described above in the “Reporting Requirements and Parental Notification” section of  this policy). 


Legal Reference(s):

NH RSA 126-U 

First Read:  October 7, 2010 
Second Read:  Waived
Date Adopted:   October 21, 2010 
Last Review: February 5, 2015 
Revised:  February 5, 2015 
Approved: February 19, 2015