2322 R&P

3037 R&P

4037 R&P

6550 R&P

Restraint and Seclusion Procedures

2322 R&P

3037 R&P

4037 R&P

6550 R&P

 2322.1

3037.1

4037.1

6550.1

Procedures for Restraint and Seclusion

The procedures do not cover corporal punishment, "reasonable force," or suspension, expulsion, and other discipline measures. Nothing in G.S. 115C-391.1 modifies the rights of law enforcement or school personnel to use reasonable force as permitted under G.S. 115C-390 or modifies the rules and procedures governing discipline under G.S. 115C-391(a).

A.      Time-Out: School personnel may separate a student from other students for a limited period of time as a behavior management technique to manage the behavior of the student, provided that the student is appropriately monitored during the separation.

B.     Isolation: School personnel may isolate a student as a behavior management technique.  A student in isolation may be placed alone in an enclosed space, but shall not be physically prevented from leaving the space.  The isolation space must be appropriately lighted, ventilated, heated or cooled, and the space must be free of objects that unreasonably expose the student or others to harm.  A student placed in isolation must be appropriately monitored during the isolation, and the duration of the isolation must be reasonable in light of the purpose of the isolation.

C.     Seclusion: School personnel may seclude a student if seclusion is required to ensure the safety of the student or others as outlined below.  A student placed in seclusion may be confined alone in an enclosed space from which the student is physically prevented from leaving by locking hardware or other means, or from which the student is not capable of leaving due to physical or intellectual capacity. 

If a locking mechanism is employed, it shall not automatically lock, but shall be constructed so that it will engage only when a key, knob, handle, button, or other similar device is being held in position by a person.  If the locking mechanism is electrically or electronically controlled, it shall automatically disengage when the building's fire alarm is activated.  Upon release of the locking mechanism by a supervising adult, the door must be able to be opened readily.

Student seclusion may only be used in the following circumstances: 

1)     as reasonably needed to respond to a person in control of a weapon or other dangerous object;

2)      as reasonably needed to maintain order or prevent or break up a fight;

3)      as reasonably needed for self-defense;

4)      as reasonably needed when a student's behavior poses a threat of imminent physical harm to self or others or imminent substantial destruction of school or another person's property;

5)      when used as specified in the student's Individualized Education Plan ("IEP"), Section 504 plan, or behavior intervention plan, AND:      

a.     the student is monitored by an adult in close proximity who is able to see and hear the student at all times;

b.     the student is released from seclusion upon cessation of the behaviors that led to the seclusion or as otherwise specified in the student's IEP, Section 504, or behavior intervention plan;

c.      the space used for seclusion meets all of the following guidelines:

1.   Minimum floor space of 6' x 6'; and

2.   Minimum ceiling height of 8'; and

3.   Door that swings outward (into adjoining space); and

4.   Hardware (latch) to hold door closed can only be in place while held by responsible adult (if adult lets go/walks away, door will open freely); and

5.   Hardware (as above) cannot be manipulated/damaged from inside the seclusion room; and

6.   Any glass window should be impact-resistant and shatterproof; and

7.   Flooring, wall coverings, and room contents should be fire retardant and should not produce toxic fumes if burned; and

8.   The space is free of objects that unreasonably expose the student or others to harm and walls are completely free of objects; and

9.   A single lighting fixture with 75 watt bulb or equivalent should be mounted in the ceiling and surrounded by screening or other tamper-resistant material; and

10. The space is appropriately ventilated and is consistent with the remainder of the facility in which it is housed; and

11.  Flooring/carpeting should be heavily cushioned.

Student seclusion for any purpose not listed in sections (a) through (e) above shall be considered unreasonable and its use is prohibited.  Seclusion shall not be used solely as a disciplinary consequence.

D.     Physical Restraint: School personnel may physically restrain a student to ensure the safety of the student or others as outlined below. Physical restraint means the use of physical force to restrict the free movement of all or a portion of the student's body. Physical restraint may only be used in the following circumstances:

1)      as reasonably needed to obtain possession of a weapon or other dangerous objects on a person or within the control of a person;

2)     as reasonably needed to maintain order or prevent or break up a fight;

3)     as reasonably needed for self-defense;

4)    as reasonably needed to ensure the safety of any student, school employee, volunteer, or other person present; to teach a skill; to calm or comfort a student; or to prevent self-injurious behavior;

5)     as reasonably needed to escort a student safely from one area to another;

6)     if used as provided for in a student's IEP, Section 504 plan, or behavior intervention plan;

7)     as reasonably needed to prevent imminent destruction to school or another person's property.

Physical restraint of students for any purpose not listed in sections (a) through (g) above shall be considered unreasonable and its use is prohibited.  Physical restraint shall not be used solely as a disciplinary consequence.

E.   Mechanical Restraint: School personnel may mechanically restrain a student to ensure the safety of the student or others as outlined below.  Mechanical restraint means the use of any device or material attached or adjacent to a student's body that restricts freedom of movement or normal access to any portion of the student's body and that the student cannot easily remove.  Mechanical restraint may only be used in the following circumstances:

1)     when properly used as an assistive technology device included in the student's IEP, Section 504 plan, or behavior intervention plan or as otherwise prescribed for the student by a medical or related service provider. An assistive technology device is any item, piece of equipment, or product that is used to increase, maintain, or improve the functional capabilities of a child with a disability;

2)     when using seat belts or other safety restraints to secure students during transportation;

3)    as reasonably needed to obtain possession of a weapon or other dangerous objects on a person or within the control of a person;

4)     as reasonably needed for self-defense;

5)    as reasonably needed to ensure the safety of any student, school employee, volunteer, or other person present.

Mechanical restraint of students for any purpose not listed in sections (a) through (e) above shall be considered unreasonable and its use is prohibited.  The tying, taping, or strapping down of a student shall be considered unreasonable and its use is prohibited.  Mechanical restraint shall not be used solely as a disciplinary consequence.

2322.2

3037.2

4037.2

6550.2

Aversive Procedures

The use of aversive procedures, as defined by statute, under any circumstances is prohibited. Aversive procedure means a systematic physical or sensory intervention program for modifying the behavior of a student with a disability which causes or reasonably may be expected to cause one or more of the following:

A.     significant physical harm, such as tissue damage, physical illness, or death;

B.     serious, foreseeable long-term psychological impairment;

C.     obvious repulsion on the part of observers who cannot reconcile extreme procedures with acceptable, standard practice, for example: electric shock applied to the body; extremely loud auditory stimuli; forcible introduction of foul substances to the mouth, eyes, ears, nose, or skin; placement in a tub of cold water or shower; slapping, pinching, hitting, or pulling hair; blindfolding or other forms of visual blocking; unreasonable withholding of meals; eating one's own vomit; or denial of reasonable access to toileting facilities.

2322.3

3037.3

4037.3

6550.3

Notice of Policy, Procedures, and Applicable Law

At the beginning of each school year, the principals shall provide copies of (a) North Carolina General Statute Section 115C-391.1, the Use of Restraint and Seclusion Policy, and these procedures to school personnel and the parents or guardians of all students.

2322.4

3037.4

4037.4

6550.4

Notice of Specified Incidents

A.      Notification shall occur the same workday the incident occurs.  If same-day notification is not reasonable under the circumstances, then notification may be made the following workday, but no later.

B.      When a principal or principal's designee has personal knowledge or actual notice of any of the events described in this section (Section IV), the principal or principal's designee shall notify the parent or guardian of the student the same day the incident occurred and provide the parent or guardian with the name of a school employee the parent or guardian can contact regarding the incident. If same-day notification is not reasonable under the circumstances, then notification may be made the following workday, but no later.

C.        Within a reasonable period of time, but in no event later than 30 days after the incident, the school shall complete the Notice of Use of Unreasonable Restraint, Seclusion, and Aversive Procedures Form and provide a copy to the parent or guardian of the student.

School personnel shall promptly notify the principal or principal's designee of:

1)    any use of aversive procedures,

2)     any prohibited use of mechanical restraint,

3)    any prohibited use of physical restraint resulting in observable physical injury to a student,

4)     any prohibited use of seclusion,

5)     any seclusion that exceeds 10 minutes or the amount of time specified on a student's behavior intervention plan. 

2322.5

3037.5

4037.5

6550.5

Record and Report of Specified Incidents

The Superintendent shall maintain a record of all reported, specified incidents of the prohibited use of aversive procedures, restraint, or seclusion as described in Section 8 of these procedures.  The Superintendent shall annually provide this record and the information reported in the Notice of Use of Unreasonable Restraint, Seclusion, and Aversive Procedures Forms to the State Board of Education.

Form:

BP-1: Notice of Use of Unreasonable Restraint, Seclusion, and Aversive Procedures 

Legal Reference:

G.S. 115C-391.1, 115C-47(45), 143-138(b)

Cross Reference:

Policy 2320, 3037, 4037, 6550

Adopted:

April 6, 2006

Revised:

November 15, 2007