JKAA: PHYSICAL RESTRAINT OF
STUDENTS
Maintaining an orderly, safe environment conducive to learning is an
expectation of all staff members of the Georgetown School District. Further,
students of the District are protected by law from the unreasonable use of
physical restraint.
Physical restraint shall be used only
in emergency situations after other less intrusive alternatives have failed or
been deemed inappropriate, and with extreme caution. School personnel shall use
physical restraint with two goals in mind:
-
To
administer a physical restraint only when needed to protect a student and/or a
member of the school community from immediate, serious, physical harm;
and
-
To
prevent or minimize any harm to the student as a result of the use of physical
restraint.
The following definitions appear at
603CMR 46.02:
-
Extended Restraint: A physical restraint the duration of
which is longer than twenty (20) minutes.
-
Physical escort: Touching or holding a student without
the use of force for the purpose of directing the student.
-
Physical restraint: The use of bodily force to limit a
student’s freedom of movement.
The use of mechanical or chemical
restraint is prohibited unless explicitly authorized by a physician and approved
in writing by the parent/guardian. The use of seclusion restraint is prohibited
in public education programs.
Mechanical restraint – The use of a
physical device to restrict the movement of a student or the movement or normal
function of a portion of his or her body. A protective or stabilizing device
ordered by a physician shall not be considered a mechanical
restraint.
Seclusion restraint – Physically
confining a student alone in a room or limited space without access to school
staff. The use of “Time out” procedures during which a staff member remains
accessible to the student shall not be considered “seclusion
restraint”.
Chemical restraint – the administration
of medication for the purpose of restraint.
The Superintendent will develop written
procedures identifying:
·
Appropriate responses to
student behavior, that may require immediate intervention;
·
Methods of preventing
student violence, self injurious behavior, and suicide;
·
Descriptions and
explanations of the school’s method of physical restraint;
·
Descriptions of the
school’s training and reporting requirements;
·
Procedures for receiving
and investigating complaints.
Each building Principal will identify
staff members to serve as a school-wide resource to assist in ensuring proper
administration of physical restraint. These staff members will participate in an
in-depth training program in the use of physical restraint, which the department
of education recommends be at least 16 hours in length.
Only school personnel who have received
training pursuant to 603CMR 46.00 shall administer physical restraint on
students. Whenever possible the administration of physical restraint shall be
administered in the presence of at least one adult who does not participate in
the restraint. A person administering physical restraint shall only use the
amount of force necessary to protect the student from injury or
harm.
In addition, each staff member will be
trained regarding the school’s physical restraint policy. The Principal will
arrange training to occur in the first month of each school year, or for staff
hired after the beginning of the school year, within a month of their
employment.
Physical restraint is prohibited as a
means of punishment, or as a response to destruction of property, disruption of
school order, a student’s refusal to comply with a school rule or staff
directive, or verbal threats that do not constitute a threat of imminent,
serious physical harm to the student or others.
A member of the School Committee or any
teacher or any employees or agent of the School Committee shall not be precluded
from using such reasonable force as is necessary to protect pupils, other
persons or themselves from an assault by a pupil.
The program staff shall report the use
of physical restraint that lasts longer than five minutes, or results in injury
to a student or staff member. The staff member shall inform the administration
of the physical restraint as soon as possible, and by written report, no later
than the next school day. The Principal or director or his/her designee shall
maintain an ongoing record of all reported instances of physical restraint,
which, upon request, shall be made available to the Department of
Education.
When a restraint has resulted in
serious injury to a student or program staff member or when an extended
restraint has been administered, the program shall provide a copy of the
required report to the Department of Education within five (5) school working
days of the administration of the restraint.
In special circumstances waivers may be
sought from parents either through the Individual Education Plan (IEP) process
or from parents of students who present a high risk of frequent, dangerous
behavior that may frequent the use of restraint.
SOURCE: MASC
LEGAL REF.: 603 CMR
46.00
M.G.L. 71:37G
Adopted on: April 10,
2008