Restraint & Isolation Law and Policy

REGULATIONS

0520-01-09-.23 Isolation and restraint for students receiving special education services.

(1) Definitions

(a) "Extended isolation" means isolation which lasts longer than one (1) minute per year of the student's age or isolation which lasts longer than the time provided in the child's individualized education program (IEP).

(b) "Extended restraint" means a physical holding restraint lasting longer than five (5) minutes or physical holding restraint which lasts longer than the time provided in the child's IEP.

(c) "Noxious substance" means a substance released in proximity to the student's face or sensitive area of the body for the purpose of limiting a student's freedom of movement or action, including but not limited to Mace and other defense sprays.

(2) Local education agencies are authorized to develop and implement training programs that include:

(a) Use of positive behavioral interventions and supports;

(b) Nonviolent crisis prevention and de-escalation;

(c) Safe administration of isolation and restraint; and

(d) Documentation and reporting requirements.

(3) Local education agencies are authorized to determine an appropriate level of training commensurate with the job descriptions and responsibilities of school personnel.

(4) Local education agencies shall develop policies and procedures governing:

(a) Personnel authorized to use isolation and restraint;

(b) Training requirements; and

(c) Incident reporting procedures.

(5) Only the principal, or the principal's designee, may authorize the use of isolation or restraint.

(6) When the use of restraint or isolation is proposed at an IEP meeting, parents/guardians shall be advised of the provisions of T.C.A. § 49-10-1301, et seq., this rule and the IDEA procedural safeguards.

(7) An IEP meeting convened pursuant to T.C.A. § 49-10-1304 may be conducted on at least twenty-four (24) hours notice to the parents.

(8) State agencies providing educational services within a residential therapeutic setting to children in their legal and physical custody shall develop and adhere to isolation and restraint policies in such educational settings which conform to the TDMHDD (Tennessee Department of Mental Health and Developmental Disabilities) state standards as applicable and at least one of the following national standards: ACA (American Correctional Association), COA (Council on Accreditation), CMS (Centers for Medicare & Medicaid Services), JCAHO (Joint Commission for Accreditation of Healthcare Organizations), CARF (Commission on Accreditation of Rehabilitation Facilities), as they apply in the educational environment. Development of, and adherence to, such policies shall be overseen by a licensed qualified physician or licensed doctoral level psychologist.

(9) Reports. School personnel who must isolate or restrain a student shall report the incident to the school principal or the principal's designee. The Department of Education shall develop a report form which shall be used by school personnel when reporting isolation or restraint to the school principal or the principal's designee.

(a) The report form must include the following information:

1. Student's name, age and disability;

2. Student's school and grade level;

3. Date, time and location of the isolation or restraint;

4. Length of time student was isolated or restrained;

5. Names, job titles and signatures of the personnel who administered the isolation or restraint;

6. Whether the personnel who administered the isolation or restraint were certified for completing a

behavior intervention training program;

7. Names and job titles of other personnel who observed or witnessed the isolation or restraint;

8. Name of the principal or designee who was notified following the isolation or restraint and time of

notification;

9. Description of the antecedents that immediately preceded the use of isolation or restraint and the

specific behavior being addressed;

10. A certification that any space used for isolation is at least forty (40) square feet;

11. A certification that school personnel are in continuous direct visual contact at all times with a

student who is isolated;

12. How the isolation or restraint ended, including the student's demeanor at the cessation of the

isolation or restraint;

13. Physical injury or death to the student, school personnel or both;

14. Medical care provided to the student, school personnel or both;

15. Description of property damage, if relevant; and

16. Date, time and method of parent notification.

(b) A copy of the report form must be provided to the local education agency's director of special education who shall determine whether an Individualized Education Program (IEP) Team meeting must be convened pursuant to T.C.A. § 49-10-1304.

(This information was taken from the Tennessee Compilation of School Discipline Laws and Regulations, inserted below).