Restraint, Seclusion, and Intentional Physical Contact
Please see the document below for questions regarding the district policy. Below are important procedures connected to restraint, seclusion and intentional physical contact.
Procedures:
Notice of Restraint or Seclusion
Verbal Notice of Restraint or Seclusion
Parents/Guardians or Guardians ad litem must be notified as soon as possible, but must be no later than the time of the return of the child to the parent or guardian or the end of the business day whichever is earlier.
Written Notice to the Principal
A verbal notification must be communicated to the principal or his/her designee by the school employee who used the seclusion or restraint, or if that person is unavailable to the Director of Student Services as soon as possible. A written notification must be submitted to the principal or his/her designee by the school employee who used the seclusion or restraint, or if that person is unavailable to the Director of Student Services within five days. The written notification must contain the following:
The date, time, and duration of the use of seclusion or restraint.
A description of the actions of the child before, during, and after the occurrence.
A description of any other relevant events preceding the use of seclusion or restraint, including the justification or initiating the use of restraint.
The names of the persons involved in the occurrence.
A description of the actions of the facility or school employees involved before, during, and after the occurrence.
A description of any interventions used prior to the use of the seclusion or restraint.
A description of the seclusion of restraint used, including any holds used and the reason the hold was necessary.
A description of any injuries sustained by, and any medical care administered to, the child, employees, or others before, during, or after the use of seclusion or restraint.
A description of any property damage associated with the occurrence.
A description of actions taken to address the emotional needs of the child during and following the incident.
A description of future actions to be taken to control the child's problem behaviors.
The name and position of the employee completing the notification.
The anticipated date of the final report.
Written Notification to the Parents/Guardians/Guardian Ad Item
Unless prohibited by court order, the principal or his/her designee shall, within 2 business days of receipt of the written notification, "send or transmit by first class mail orelectronic transmission to the child's parent or guardian and the guardian ad litem the information contained in the notification." RSA 126-U:7, III.
Notification of Injury or Death
In cases involving serious injury or death to a child subject to restraint or seclusion, the school shall in addition to the the notification provision set forth above, notify the Commissioner of Department of Education, the Attorney General, and the Disabilities Rights Center.
Special Requirements Pertaining to Children With Disabilities
When a restraint or seclusion is used for the first time on a child identified under the Individual with Disabilities Education Act (IDEA) or Section 504, the school must "review the IEP or Section 504 Plan and make such adjustments as are indicated to eliminate or reduce the future use of restraint or seclusion.