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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 constantly 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
(1) through (5) above shall be considered unreasonable and its use is
prohibited. Seclusion shall not be
used solely as a disciplinary consequence.
This shall not be construed to prevent the use
of seclusion by law enforcement officers in the lawful exercise of their
law enforcement duties. N.C. Gen.
Stat. 115C-391.1(e)(4)(House Bill 1032).
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 (1) through (7) above shall be considered unreasonable
and its use is prohibited. Physical
restraint shall not be used solely as a disciplinary consequence.
This shall not be construed to prevent the use
of force by law enforcement officers in the lawful exercise of their law
enforcement duties. N.C. Gen. Stat.
115C-391.1(c)(4)(House Bill 1032).
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 (1) through (5) 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.
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