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JGG Physical
Restraint of Students The
Rochester School Board hereby authorizes school officials to use restraint to
ensure the immediate physical safety of persons when there is a substantial
and imminent risk of serious bodily harm to the child or others, and then
only when other interventions have failed or have been deemed inappropriate,
and in a manner consistent with state law and regulations. The
Superintendent of Schools shall develop procedures for the use of child
restraint. For
purpose of this policy and any accompanying procedures, the term “restraint”
means any bodily physical restriction, mechanical devices, or any device that
unreasonably limits freedom of movement. It includes mechanical restraints,
physical restraints, and medication restraint used to control behavior in an
emergency or any involuntary medication. Restraint shall not include the
following: -
Holding a child to calm or comfort, holding a
child’s hand or arm to escort the child safely from one area to another, or
intervening in an ongoing assault or
fight; -
Brief periods of physical restriction by
person-to-person contract without the aid of medication or mechanical
restraints, accomplished with minimal force and designed either to prevent a
child from completing an act that potentially would result in physical harm
to himself or herself or to another person, or to remove a disruptive child
who is unwilling to leave an area voluntarily; -
Physical devices or other physical holding when
necessary for routine physical examinations or when used to provide support
for the achievement of functional body position or proper balance or to
protect a person from falling, or to permit a child to participate in
activities without the risk of physical harm; -
The use of seat belts, safety belts, or similar
passenger restraints during transportation of a child in a motor vehicle. -
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
force that he or she reasonably believes to be necessary for such purpose. -
School staff shall not use or threaten to use any
dangerous restraint techniques, any inappropriate aversive behavioral
interventions, any medication restraints, or any mechanical restraints except
as permitted for transporting students. References: RSA 126-T:1
to 13 (2010); Ed 1113.04 to .07 (2008). Adoption Date: Amended: May 13, 2004 Amended: May 12, 2011 ____________________________________________________________________________ Procedures: Physical Restraint of Students
The Rochester School District hereby
establishes the following procedures to describe how and in what
circumstances restraint is used in this District. The procedures are adopted
for the purpose of meeting the District’s obligations under state law
governing the use of restraints. The procedures shall be interpreted in a
manner consistent with state law and regulations. I.
Definitions. Restraint: bodily
physical restriction, mechanical devices, or any device that unreasonably
limits freedom of movement. It includes mechanical restraints, physical
restraints, and medication restraint used to control behavior in an emergency
or any involuntary medication. The
following shall not be considered restraint: (1)
Holding a child to calm or comfort, holding a child’s hand
or arm to escort the child safely from one area to another, or
intervening in an ongoing assault or
fight; (2)
Brief periods of
physical restriction by person-to-person contact without the aid of
medication or mechanical restraints, accomplished with minimal force and
designed either to prevent a child from completing an act that potentially
would result in physical harm to himself or herself or to another person, or
to remove a disruptive child who is unwilling to leave an area voluntarily; (3)
Physical devices or other physical holding when necessary
for routine physical examinations, or when used to provide support for the
achievement of functional body position or proper balance or to protect a
person from falling, 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 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 force which
he or she reasonably believes to be necessary for such purpose. The
five interventions listed immediately above are not considered “restraint”
under these procedures, are not barred or restricted by these procedures, and
are not subject to the training or notification requirements that otherwise
apply to permissible restraints addressed herein. Medication Restraint. When a
child is given medication involuntarily for the purpose of immediate control
of the child’s behavior. Mechanical Restraint. 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. Physical restraint. When a
manual method is used to restrict a child’s freedom of movement or normal
access to his or her body. Dangerous Restraint Techniques. a.
Any 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 wash clothes, or (5)
Endangers a child’s life or significantly exacerbates a
child’s medical condition. b.
Intentional infliction of pain, including the use of pain
inducement to obtain compliance. c.
The intentional release of noxious, toxic, caustic, or
otherwise unpleasant substances near the child for the purpose of controlling
or modifying the behavior of or punishing the child. d.
Any technique that subjects the child to ridicule,
humiliation, or emotional trauma. II.
Use of Restraint 1.
Restraint as defined in these procedures shall be used
only to ensure the immediate physical safety of persons when there is a
substantial and imminent risk of serious bodily harm to others. 2.
Restraint as defined in these procedures shall only be
used by trained personnel and with extreme caution. It should be used only
after all other interventions have failed or been deemed inappropriate. 3.
Use of restraint as defined in these procedures shall be
limited to physical restraint. School officials shall not use or threaten to
use any dangerous restraint techniques, any inappropriate aversive behavioral
interventions, any medication restraints, or any mechanical restraints except
as permitted for transporting students. 4.
For students with disabilities, school officials may use physical
restraint in situations other than those addressed in this section only if
authorized in writing by the child’s physician and approved by the child’s
IEP team. In those circumstances, the
use of physical restraint must also meet all the requirements of state
special education rule Ed 1113.06(b) (2008).
In no event, however, shall school officials use dangerous restraint techniques,
as defined above, with any child. III.
Prohibited Use of Restraint. 1.
School officials shall not use or threaten to use restraint
as punishment for the behavior of child. 2.
School officials shall not use or threaten to use medication
restraint. 3.
School officials shall not use or threaten to use mechanical
restraint, except its use is permitted in the transportation of children, as
outlined under these procedures. 4.
School officials shall not use or threaten to use dangerous
restraint techniques, as defined in these procedures. IV.
Authorization and Monitoring of Extended Restraint &
Length of Restraint When restraint may permissibly be used on a child, school
officials must comply with the following procedures: 1.
Restraint shall not be imposed for longer than is
necessary to protect the child or others from the substantial and imminent
risk of serious bodily harm; 2.
Children in restraint shall be continuously and directly
observed by personnel trained in the safe use of restraint; 3.
No period of restraint shall exceed 15 minutes. If
restraint is to exceed this time, approval of the Principal or supervisory
employee designated by the Principal to provide such approval is required. 4.
No period of restraint shall exceed 30 minutes unless a
face-to-face assessment of the mental, emotional and physical well-being of
the child is conducted by the Principal or supervisory employee designated by
the Principal who is trained to conduct such assessments. The assessment must
include a determination of whether the restraint is being conducted safely
and for a proper purpose. These assessments must be repeated at least every
30 minutes during the period of restraint and documented in writing pursuant
to the notification requirements set forth below. V.
Restriction of Use of Mechanical Restraints During Transport of Children. 1.
Mechanical restraints during the transportation of
children are prohibited unless the child’s circumstances dictate the use of
such methods. In any event where a child is transported using mechanical restraints,
the Principal shall document in writing the reasons for the use of mechanical
restraint. This documentation shall be treated as notification of restraint
as discussed in paragraph VI, below. 2.
Whenever a child is transported to a location outside a
school, the Principal shall ensure that all reasonable measures consistent
with public safety are taken to transport and/or escort the child. Such measures should: a.
Prevent physical
and psychological trauma, b.
Respect the
child’s privacy, and c.
Represent the
least restrictive means necessary for the safety of the child. VI.
Notice and Record Keeping Requirements 1.
Unless prohibited by a court order, within 24 hours of
whenever restraint is used on a child, the school shall make reasonable
efforts to verbally notify the child’s parent or guardian and guardian ad litem. 2.
A school employee who uses restraint shall submit a
written report to the building principal or the principal’s designee within
two (2) business days after the restraint.
If the school employee is not available to submit such a report, the
employee’s supervisor shall submit such a report within the same time
frame. If the principal uses
restraint, he/or she shall submit a written report to the Superintendent, or
his/her designee, within two (2) business days. Any report addressed in this section shall
contain the following information: a.
The date, time,
and duration of the use of restraint; b.
A description
of the actions of the child before, during, and after the occurrence; a
description of any other relevant events preceding the use of restraint,
including the justification for initiating the restraint; c.
The names of the
persons involved in the occurrence; d.
A
description of the actions of the facility or school employees involved
before, during, and after the occurrence; e.
A description of
any interventions used prior to the restraint; f.
A description of
the restraint used, including any hold used and the reason the hold was
necessary; g.
A description of
any injuries sustained by, and any medical care administered to, the child,
employees, or others before, during, or after the use of restraint; h.
A
description of any property damage associated with the occurrence; i.
A description of actions taken to address
the emotional needs of the child during and following the restraint; j.
A description of
future actions to be taken to control the child’s problem behaviors; k.
The name and
position of the employee completing the notification; and l.
The anticipated
date of the final report. 3.
Unless prohibited by court order, the Principal or other
designee shall, within 2 business days of receipt of the written report
described above, send or transmit by first class mail or electronic
transmission to the child’s parent or guardian and guardian ad litem the information contained in that written report. [Optional but recommended: Within the same time frame, the Principal
shall also forward any such report to the Superintendent for retention in
that office.] 4.
Each written report referenced in this section shall be
retained by the school and shall be made available for periodic, regular
review consistent with any rules that may be adopted by the state board of
education for that purpose. VII.
Serious Injury or Death During
Incidents of Restraint. 1.
In cases involving serious injury or death to a child subject
to restraint, the school district shall, in addition to the notification
requirements above, notify the commissioner of the department of education, the
attorney general, and the state’s federally designated protection and
advocacy agency for individuals with disabilities. Such notice shall include a copy of
the written report referenced in Section VI above. 2.
“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 of or impairment to the health or
function of any part of the body. VIII.
Civil or Criminal Liability Nothing in the District’s Policy or Procedures on the Use
of Child Restraint should be understood in any way to undercut the
protections from civil and criminal liability provided to school officials
for the use of force against a minor, consistent with state law found at RSA
627:1, 4, and 6 References: RSA 126-T:1 to 13 (2010); Ed 1113.04 to .07 (2008); RSA 627:1, 4,
6.. Board Approved: 5/12/2011 |