• Download this document

[JKAA: Limit on Use of Child Restraint or Seclusion]

This policy is designed to help ensure the safety and dignity of all students by limiting and regulating the use of restraint and seclusion only as crisis or emergency responses. Restraint and seclusion of students is prohibited in the District except as described below. The Superintendent of Schools shall develop procedures for the use of child restraint and seclusion.  Such procedures shall be consistent with this policy and all applicable laws. The Superintendent shall also take appropriate steps to ensure adequate training of staff and administrators regarding their responsibilities under this policy and its accompanying procedures.

1.   Restraint Definitions and Policy

(a): For purpose of this policy and any accompanying procedures, the following definitions apply.

(1): Restraint means any bodily physical restriction, mechanical devices, or any device that immobilizes a person or restricts the freedom of movement of the torso, head, arms, or legs. It includes mechanical restraints, physical restraints, and medication restraint used to control behavior in an emergency or any involuntary medication. It is limited to actions taken by persons who are school or facility staff members, contractors, or otherwise under the control or direction of a school or facility.

(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): “Prone Restraint” is a prohibited physical restraint technique which occurs when a child is intentionally placed face-down on the floor or another surface, and the child’s physical movement is limited to keep the child in a prone position. Physical restraint that involves the temporary controlling of an individual in a prone position while transitioning to an alternative, safer form of restraint is not considered to be a prohibited form of physical restraint.

                (b):  Restraint shall not include the following:

(1)   A brief touching or holding to calm, comfort, encourage, or guide a child, so long as there is no limitation on the child’s freedom of movement

(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 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 transportation of a child in a motor vehicle.

(5)  Intentional Physical Contact. 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.

            (c): Circumstances in Which Restraint May Be Used:

(1): Restraint will only be used to ensure the immediate physical safety of any person when there is a substantial and imminent risk of serious bodily harm to the student or others.

(2): Restraint will only be used by trained school staff.

(3): Restraint will not be as punishment for the behavior of a student.

(4): Restraint will not be imposed for longer than is necessary to protect the student or others from the substantial and imminent risk of serious bodily harm.

(5): Children in restraint shall be the subject of continuous direct observation by personnel who are trained in the safe use of restraints. No period of restraint of a student may exceed 15 minutes without the approval of a supervisory employee designated by the director to provide such approval.  No period of restraint of a student may exceed 30 minutes unless an assessment of the mental, emotional, and physical well-being of the student is conducted by a trained and authorized employee. Such assessment shall be repeated at least every 30 minutes, shall include a determination of whether the restraint is being conducted safely and for a purpose authorized by the law, and shall be documented in writing with such records maintained by the District.

            (d): Use of Safe Restraint Techniques

Physical restraint may only be used when necessary, by trained staff, and administered in a way to prevent or minimize physical harm. During administration of restraint, the physical status of the child, including skin temperature, color, and respiration shall be continuously monitored. The child shall be released from restraint immediately if they demonstrate any sign of: difficulty breathing, choking, vomiting, bleeding, fainting, unconsciousness, discoloration, swelling at points of restraint, cold extremities, or similar manifestations.          

(e) : Prohibition of Dangerous Restraint Techniques:

The District recognizes and hereby prohibits the use of "dangerous restraint techniques" as defined in RSA 126-U:4 including prone restraint, or any other physical restraint technique that restricts the child’s breathing, airway, or circulation in any way; pushes into the face or covers the body, endangers a child’s life or significantly exacerbates a medical condition, intentionally inflicts pain on the child, exposes the child to noxious fumes, or unnecessarily subjects the child to ridicule, humiliation, or emotional trauma.(f) School staff are prohibited from using medication restraint and may only use mechanical restraint when transporting children.

2: Seclusion Definitions and Policy

(a): For purposes of this policy, 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, lock, or other mechanical device or barrier, or from which the child reasonably believes they are not free to leave, or the involuntary confinement of a child to a room or area, separate from their peers, with one or more adults who are using their physical presence to prevent egress.

(b): Seclusion shall not include:

(1) 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.

(2) Circumstances in which there is no physical barrier between the child and any other person or the child is physically able to leave the place, or the involuntary confinement of a child to a room or area with an adult who is actively engaging in a therapeutic intervention.

(3): 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.

(3)

(c): Seclusion should never be used as a form of punishment or discipline for a student.

(d): Circumstances in Which Seclusion May Be Used:

(1): The District recognizes the statutorily imposed conditions of seclusions and hereby adopts those conditions, as defined by RSA 126-U:5-b including but not limited to the following conditions that rooms for seclusion:

            i. Are of a size which is appropriate for the chronological and developmental age, size, and behavior of the children placed in them;

            ii. Are free of any object that poses a danger to the children being placed in the rooms;

            iii. Have doors that are unlocked or locks that automatically disengage in emergency situations

(2): Seclusion may only be used when a student's behavior poses a substantial and imminent risk of physical harm to the student or others.

(3): Seclusion will be used only by trained school staff.

(4): Seclusion will not be used as a form of punishment for the behavior of a student.

(e) Requirement of a Co-Regulator. In situations where seclusion is used, a co-regulator shall be designated to monitor the child and develop a plan to assist the child with managing their state of regulation and their return to a less restrictive setting. The co-regulator shall check the child at regular intervals not to exceed 30 minutes between any one interval. The co-regulator shall be selected and designated in the following order of preference:

                        (1): A trusted adult selected by the child;

                        (2): A clinician or counselor trained in trauma informed practices

                        (3): A staff member known to have a positive relationship with the child;

                        (4): A staff member who was not involved in the incident leading to

seclusion.

3. Training Required. Under RSA 126-U:5, II and RSA 126-U:5-a, II, restraint and/or seclusion may only be used or implemented by trained school staff. The District shall provide training opportunities to staff for the proper and safe implementation of restraint or seclusion techniques as appropriate at each school building. All employees, designated volunteers and other persons who are required to have criminal history background checks under Board policy shall receive general training in the requirements and prohibitions of this policy, as well as basic de-escalation procedures. Personnel who have only received such general training are not authorized to use restraint or seclusion on any student.

3. Reporting Requirements and Parental Notification for Restraint, Seclusion, and Intentional Physical Contact:

(a): In the event restraint or seclusion is used on a student, the building principal will, as soon as practicable verbally notify the student's parents/guardian of the occurrence, no later than the return of the student to the parent or guardian that day

(b): The building principal will, within 5 business days after each occurrence of restraint or seclusion submit a written notification/report to the Superintendent.  The notification shall contain all the requirements and information as mandated by RSA 126-U:7, II.  The report shall be made on a form provided by the New Hampshire Department of Education (once available).

(c): Unless prohibited by court order, the Superintendent will, within 2 business days of receipt of the notification required in the above paragraph, send by first class mail to the child's parent or guardian the information contained in the notification/report.  Each notification/report prepared under this section shall be retained by the school for review in accordance with state board of education rules and the department of health and human services rules.

(d): If a school employee has intentional physical contact with a student in response to a student's aggressive misconduct or disruptive behavior, the building principal will make reasonable efforts to inform the student's parent or guardian as soon as possible, but no later than the end of the school day.  The building principal will also prepare a written report of the incident within five (5) business days of the incident.  The report will include information required under RSA 126U:7, V including the date and time of the incident, a brief description of the actions of the child before, during and after the occurrence, the names of all people involved, a brief description of all staff actions before during and after the occurrence, and a description of any injuries sustained by the child and any necessary medical care. The Superintendent or designee is responsible for creating a form in compliance with these requirements.

(e) In compliance with RSA 126-U:14, Upon information that restraint or seclusion has been used for the first time upon a child with a disability as defined in RSA 186-C:2, I or a child who is receiving services under Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. section 701, and its implementing regulations, the school shall review the individual educational program and/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 of a child with a disability may request such a review 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.

(e): A school employee must report any suspected violations of the provision of RSA 126-U to their building administration. The complaint or grievance will be investigated by the Superintendent, or another person designated by the Superintendent and shall report such findings to state or local authorities as required by law. No personal shal subject any individual to harassment or retaliation for filing, in good faith, a report under this policy, RSA 126-U, or Department of Ed. Rules Ed. 1200. 

(f): Any incidents or occurrences of restraint that result in serious bodily injury to the student (defined as any harm to the body which requires hospitalization, or results in the fracture of any bone, non-superficial laceration, 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) must report such injury to the Commissioner of the Department of Education, the Attorney General’s Office, and the state’s federally-designated protection and advocacy agency for individuals with disabilities.

4. Transportation:  (RSA 126-U:12)

(a): The school district will not use mechanical restraints during the transportation of children unless case-specific circumstances dictate that such methods are necessary.

(b): 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.

(c): 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.

5. Annual Report. The Superintendent or designee shall make an annual report to the Conduct Committee regarding the use of restraint and seclusion during the preceding school year.

Legal Reference:  RSA 126-U:1 to 13: Limiting the Use of Child Restraint Practices            

History: Revised From: 6/9/99, 5/8/12, 6/22/2015, 3/22/2021, 9/25/2023

First Reading Policy Committee: October 18, 2023

Second Reading and BOSC Adoption:  October 23 2023