JKAA Physical Restraint Policy

JKAA

PHYSICAL RESTRAINT POLICY

In accordance with 603 CMR 46.00 and MGL CH 69, Section 1B and CH 71 Section 37G, the following policy for physical restraint is hereby established by the Ashburnham-Westminster Regional School District.

This policy governs the use of physical restraint on students in publicly funded elementary and secondary education programs offered by the Ashburnham-Westminster Regional School District.

The purpose of this policy is designed to ensure that students participating in the AWRSD public education program are free 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:

a. To administer a physical restraint only when needed to protect a student and/or member of the school community from imminent, serious physical harm; AND

b. To prevent or minimize any harm to the student as a result of the use of physical restraint.

This policy does not limit the protection afforded publicly funded students under other state or federal laws, including those laws that provide for the rights of students who have been found eligible to receive special education services. Nothing in this policy precludes any teacher, employee or agent of a public education program from using reasonable force to protect students, other persons, or themselves from assault or imminent, serious physical harm.

Definitions:

The following terms shall have the following meanings as regards this policy:

  1. Extended restraint: A physical restraint the duration of which is more than twenty (20) minutes. Extended restraints increase the risk of injury and, therefore, require additional written documentation as described in 603 CMR 46.06.

  2. Physical escort: Touching or holding a student without the use of force for the purpose of directing the student.

  3. Physical restraint: The use of bodily force to limit a student’s freedom of movement.

  4. Public education programs: Public schools, including charter schools, collaborative education programs, special education schools approved under 603 CMR 28.09, except as provided in 603 CMR 18.05(5)(h), and school events and activities sponsored by such programs.

  5. Restraint – Other: Limiting the physical freedom of an individual student by mechanical means or seclusion in a limited space or location, or temporarily controlling the behavior of a student by chemical means.

a. 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 mechanical restraint.

b. 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.”

c. Chemical Restraint: The administration of medication for the purpose of restraint.

d. Prone Restraint: Placing a student in a horizontal position face down

e. Side-lying Restraint: Placing a student in a horizontal position on their side

f. Supine Restraint: Placing a student in a horizontal position, on their back, face upward

The use of chemical or mechanical restraint is prohibited unless explicitly authorized by a physician and approved in writing by the parent or guardian. The use of seclusion, prone, side-lying, and supine restraints is prohibited in the Ashburnham-Westminster Regional School District.

6. School Working Day: Any day or partial day that students are in attendance at the public education program for instructional purposes.

Procedures and Training:

This policy outlines appropriate responses to student behavior that may require immediate intervention. These procedures shall be reviewed annually and made available to school staff and parents of enrolled students.

Each building Principal shall be responsible for arranging for the provision of training, as approved by the Massachusetts Department of Education, regarding the school district’s restraint policy. This training will occur within the first month of school or, for new hires, within one month of employment. The components of the general staff training shall be:

  1. Physical restraint policy;

  2. De-escalation techniques;

  3. Types of restraints and related safety considerations; and

  4. Administering physical restraint in accordance with known medical or psychological limitations and/or behavioral intervention plans applicable to an individual student.

At the beginning of each school year, each building Principal shall also be responsible for identifying staff who have received in-depth training in the use of physical restraint. This in-depth training will be at least sixteen (16) hours in length and shall include, but not be limited to:

  1. Appropriate procedures for avoiding the need of physical restraint;

  2. A description and identification of dangerous behaviors on the part of students which may require physical restraint and methods for evaluating the risk of harm;

  3. Simulated experiences in the administration and reception of physical restraint;

  4. The effects of physical restraint including monitoring physical signs of distress and assessing the need for medical assistance;

  5. Instruction regarding documentation and reporting requirements and investigation of injury and complaints;

  6. Demonstration of proficiency in administering physical restraint

Determining When Physical Restraint May Be Used:

Physical restraint may be used only in the following circumstances:

  1. Non-physical interventions have failed or been deemed inappropriate; and

  2. The student’s behavior poses a threat of imminent serious harm to self or others.

Physical restraint is prohibited:

As a means of punishment or as a response to property destruction, 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.

Nothing in this policy prohibits:

  1. The right of any individual to report to appropriate authorities a crime committed by a student or other individual;

  2. Law enforcement, judicial authorities or school security personnel from exercising their responsibilities, including the physical detainment of a student or other person alleged to have committed a crime or posing a security risk; or

  3. The exercise of an individual’s responsibilities as a mandated reporter pursuant to MGL CH 119 section 51A. These regulations shall not be used to deter any individual from reporting neglect or abuse to the appropriate state agency.

Proper Administration of Physical Restraint:

Only school personnel who have received training pursuant to 603 CMR 46.03(2) or 603 CMR 46.03(3) shall administer physical restraint on students. Whenever possible, the administration of a restraint shall be witnessed by at least one adult who does not participate in the restraint. The training requirements contained in 603 CMR 46.00 shall not preclude a teacher, employee, or agent of a public education program from using reasonable force to protect students, other persons, or themselves from assault of imminent serious physical harm.

A person administering physical restraint shall use only the amount of force necessary to protect the student or others from physical injury or harm.

A person administering physical restraint shall use the safest method available and appropriate to the situation subject to the safety requirements set forth in 603 CMR 46.03(5).1 Floor restraints, other than those prohibited by this policy (prone, side-lying, and supine), are prohibited unless the staff member administering the restraint has received in-depth training according to the requirements of 603 CMR 46.03(3).

A person administering physical restraint shall discontinue such restraint as soon as possible. If, due to unusual circumstances, a restraint continues for more than twenty (20) minutes, it shall be considered an “extended restraint” for purposes of the reporting requirements in 603 CMR 46.06.

Additional requirements for the use of physical restraint are as follows:

  1. No restraint shall be administered in such a way that the student is prevented from breathing or speaking. During the administration of a restraint, a staff member shall continuously monitor the physical status of the student, including skin color and respiration. A restraint shall be discontinued immediately upon a determination by the staff member administering the restraint or another witnessing the restraint that the student is no longer at risk of causing imminent harm to him or herself or to others.

  2. Restraint shall be administered in such a way so as to prevent or minimize physical harm. If, at any time during a physical restraint, the student demonstrates signs of significant physical distress, such as changes in respiration or skin color, the student shall be released from the restraint immediately, and school staff shall take steps to seek medical assistance.

  3. Program staff shall review and consider any known medical or psychological limitations and/or behavioral intervention plans regarding the use of physical restraint on an individual student.

  4. Following the release of a student from a restraint, the program shall implement follow-up procedures. These procedures shall include reviewing the incident with the student and his/her parents/guardians to address the behavior that precipitated the restraint, reviewing the incident with the staff person(s) who administered the restraint to discuss whether proper restraint procedures were followed, and consideration of whether any follow-up is appropriate for students who witnessed the incident.

Reporting Requirements:

School staff shall report the use of all physical restraints.

The school staff member who administered the restraint shall verbally inform the Building Principal or his/her designee of the immediately, or as soon as possible, upon the conclusion of the restraint and the safe transfer of the student’s supervision to another staff member. In addition, he/she shall provide a written report no later than the next school working day. The written report shall be provided to the Building Principal or his/her designee, except when the Building Principal or his/her designee has administered the restraint. In such an instance, the written report shall be provided to the Superintendent. The principal or his/her designee shall maintain an on-going record of all reported instances of physical restraint, which shall be made available for review by the Department of Education upon request.

The Building Principal or his/her designee shall attempt to verbally inform the student’s parents or guardians of the use of physical restraint immediately, or as soon as possible, following his/her notification by the school staff member who administered the restraint. If repeated attempts to reach the student’s parents or guardians are unsuccessful by the time for student dismissal, the Emergency Contact Sheet will be used to inform emergency contacts.

The Building Principal or his/her designee shall provide a written report postmarked no later than three school working days following the use of restraint, except when the restraint occurs within three school days of a vacation. In this event, the Building Principal or his/her designee shall provide a written report to the student’s parents within one calendar week. If the school customarily provides a parent or guardian of a student with report cards and other necessary school-related information in a language other than English, the written report shall be provided to the parent or guardian in that language.

The written report will follow the requirements of 603 CMR 46.06(2) and 603 CMR 46.06(3) and shall include:

  1. The names and job titles of the staff who administered the restraint, and observers, if any; the date of the restraint; the time the restraint began and ended; and the name of the administrator who was verbally informed following the restraint.

  2. A description of the activity in which the restrained student and other students and staff in the same room or vicinity were engaged immediately preceding the use of physical restraint; the behavior that prompted the restraint; the efforts made to de-escalate the situation; alternatives to restraint that were attempted; and the justification for initiating physical restraint.

  3. A description of the administration of the restraint including the holds used and reasons such holds were necessary; the student’s behavior and reactions during the restraint; how the restraint ended; and documentation of injury to the student and/or staff, if any during the restraint and any medical care provided.

  4. For extended restraints, the written report shall describe the alternatives to extended restraint that were attempted, the outcome of those efforts and the justification for administering the extended restraint.

  5. Information regarding any further action(s) that the school has taken or may take, including any disciplinary sanctions that may be imposed on the student.

  6. Information regarding opportunities for the student’s parents or guardians to discuss with school officials the administration of the restraint, any disciplinary sanctions that may be imposed on the student and/or any other related matter.

When a restraint has resulted in a serious injury to a student or staff member or when an extended restraint has been administered, the school shall provide a copy of the written report required by 603 CMR 46.06(4) to the Department of Education within five school working days of the administration of the restraint. The school shall also provide the Department with a copy of the record of physical restraints maintained by the Superintendent or his/her designee pursuant to 603 CMR 46.06(2) for the thirty (30) day period prior to the date of the reported restraint. The Department shall determine if additional action on the part of the AWRSD is warranted and, if so, shall notify the AWRSD of any required actions within thirty (30) calendar days of receipt of the required written report(s).

Special Circumstances:

Restraint administered to a student with a disability pursuant to an Individualized Education Plan (“IEP”) or other written plan developed in accordance with state and federal law to which the AWRSD and the student’s parent/guardian have agreed shall be deemed to meet the requirements of 603 CMR 46.00, except that the limitations on mechanical and seclusion restraint set forth in 603 CMR 46.02(5), the training requirements set forth in 603 CMR 46.03, and the reporting requirements set forth in 603 CMR 46.06 shall apply.

The school may seek a parent’s or guardian’s consent to waive the reporting requirements of 603 CMR 46.06 for restraints administered to an individual student that do not result in serious injury to the student or staff member and do not constitute extended restraint. Extended restraints and restraints that result in serious injury to a student or staff member will be reported in accordance with the requirements of 603 CMR 46.06 regardless of any individual waiver to which the parent or guardian may have consented. Individual waivers will be sought only for students who present a high risk of frequent, dangerous behavior that may require the frequent use of restraint. The following limitations apply to individual waivers:

  1. The school may not require a parent’s or guardian’s consent to such a waiver as a condition of admission or provision of services.

  2. A parent or guardian may withdraw consent to such a waiver at any time without penalty.

The school will maintain the following documentation on site in the student’s file and shall make such documentation available for inspection by the Department of Education at its request at any time:

  1. The informed written consent of the parent or guardian to the waiver which shall specify those reporting requirement(s) in 603 CMR 46.06(1-4) that the parent or guardian agrees to waive; and

  2. Specific information regarding when and how the parent or guardian will be informed regarding the administration of all restraints to the individual student.

Nothing herein shall be construed to allow the AWRSD to receive an exemption or waiver from any of the requirements of 603 CMR 46.00 on behalf of all students enrolled in the classrooms of the Ashburnham-Westminster Regional School District.

Grievance Procedure:

The Ashburnham-Westminster Regional School District has established an internal procedure in order to provide for prompt and equitable resolutions of complaints regarding the administration of physical restraints.

Definitions:

A "Grievance" is a complaint made pursuant to, and arising out of, the Ashburnham-Westminster Regional School District obligations to comply with state regulations regarding the use of physical restraints.

An "Aggrieved Party" is a person or persons making the complaint.

Purpose:

The purpose of this grievance procedure is to secure prompt and equitable solutions to grievances which may, from time to time, arise pursuant to 603 CMR 46.00.

General:

No aggrieved party will be subject to coercion, intimidation, interference or discrimination for registering a complaint or for assisting in the investigation of' any alleged complaint within the context of this grievance procedure.

All documents, communications, and records dealing with the filing of a grievance will be kept confidential to the full extent provided by law.

Forms for filing grievances will be provided upon request by building principals or the Superintendent of Schools, Ashburnham-Westminster Regional School District, 2 Narrows Road, Suite 101, Westminster, MA 01473-1619.

Procedure:

  1. The aggrieved party should complete the Grievance Form and return it to the building principal or his/her designee at the school building in which the alleged grievance occurred. The complaint should be filed within fifteen (15) days after the complainant becomes aware of the alleged violation. Assistance will be provided, upon request, to enable an individual to complete the Grievance Form and pursue the grievance process.

  2. Within ten (10) school days after receiving the grievance, the building principal or his/her designee shall meet with the aggrieved party in an effort to resolve the grievance. This investigation into the complaint is contemplated to be thorough, but informal, in nature. All interested persons and their representatives, if any, shall be afforded an opportunity to be heard and to submit evidence relevant to the complaint. If the grievance is not resolved, it will be forwarded to the Director of Special Education.

  3. Within thirty (30) school days of receipt of an unresolved grievance, the Director of Special Education will conduct a hearing to determine what, if any, action shall be taken in response to the grievance. The hearing shall be held at a time and place mutually convenient to all parties. The hearing procedure will follow appropriate due process procedures, including:

  4. a. the opportunity for the aggrieved party to present the grievance in any suitable manner;

  5. b. the right of the aggrieved party to an impartial hearing officer;

  6. c. the right of the aggrieved party to be represented by counsel or an advocate at the aggrieved party’s expense;

  7. d. he right of the aggrieved party to a prompt decision.

  8. Parents/legal guardians should provide advance notice to the Director of Special Education that they will be represented by counsel or an advocate at the grievance hearing. Failure to provide such notice will likely result in a postponement of the hearing.

  10. A written determination of the validity of the complaint and a description of the resolution, if any, shall be issued by the Director of Special Education and forwarded to the complainant no later than fifteen (15) working days after the hearing. The determination of the validity of the complaint and the description of the resolution will be provided in an alternate format, upon request, if needed for effective communication.

  11. The complainant can request a reconsideration of the case in instances where he or she is dissatisfied with the resolution. The request for reconsideration should be made within fifteen (15) working days following receipt of the written determination to the Superintendent of the Ashburnham-Westminster Regional School District.

  12. The right of a person to a prompt and equitable resolution for the complaint file hereunder shall not be impaired by the person’s pursuit of other remedies such as the filing of an ADA, Section 504 or other complaint with the responsible federal department or agency. Use of this grievance procedure is not a prerequisite to the pursuit of other remedies.

  13. These rules shall be construed to protect the substantive rights of the interested persons to meet appropriate due process standards and to assure that the Ashburnham-Westminster Regional School District comply with 603 CMR 46.00.

Copies of all resolutions and findings made under this procedure shall be filed with the Superintendent’s Office of the Ashburnham-Westminster Regional School District.

First reading: 02/05/02 ADOPTED: 02/12/02 Revised and Readopted 08/16/16