704 KAR 7:160. Use of physical restraint and seclusion in public schools.

Autism Society of the BluegrassApril 28, 2014Malicia Hitch

Physical Restraint

“means a personal restriction that

immobilizes or reduces the ability

of a student to move the student’s

torso, arms, legs, or head freely…”

Does NOT IncludeTemporary touching/holding

Hand, wrist, arm, shoulder, back

Purpose: move voluntarily to safe location

Behavioral Intervention

Less restrictive physical contact

Physical guidance or promptingTeaching skill or redirecting attention

Chemical RestraintUse of medication to

control behavior or restrict movement.

Includes:OTC off-label use

Does not include prescription meds used in accordance with

professional standards

Mechanical RestraintUse of any device or equipment to restrict a student’s freedom of movement. Does NOT include:

Prescribed medical equipment used as prescribedPositioning deviceVehicle safety restraintOrthopedically prescribed device used as prescribed

Policies/ProceduresNotice to personnel/parentsTraining requirementsProcedural requirements

NoticeDocumentationDebriefing

Notice of injury to KDE and LEComplaint procedureReview/revise

Use of Physical RestraintMay NOT be used

punishment/disciplineforce compliance/retaliationsub for appropriate supportprevent property damage*

routine safety measure convenience of staff

NEVER ImposedMechanical restraintChemical restraint

Aversive behavioral interventions

Life-threatening physical restraint

Prone or supine restraintPhysical if contraindicated

Implemented ONLYImminent danger of physical harmKRS 503.050, 503.070, 503.110CommunicationPhysical/psychological wellbeing monitoredLess restrictive interventions firstStaff appropriately trained

LimitationsOnly amount of force necessary

protect from imminent harm

Must end as soon asno threat ormedical condition

SeclusionMay NOT be used

punishment/disciplineforce compliance/retaliationsub for appropriate supportprevent property damage*routine safety measureconvenience for staffsubstitute for time out

ONLY ImplementedImminent danger of physical harm

Visual monitoring

Less restrictive interventions tried

Staff appropriately trained

Emergency

Must End

No longer imminent danger

Medical condition

Seclusion SettingFree of objects and fixturesProvide view of student all timesAdequate lighting and ventilationReviewed by district adminUnlocked and unobstructed doorAnnual fire and safety inspection

DocumentationAll restraints and seclusions

Student nameDescription of behaviorDate/Personnel involvedBeginning/ending timesEvents/Precipitating factorsBehavior duringTechniques usedOther interactions

Documentation Cont.All Injuries to anyone

How behavior = imminent danger

Date parent notifiedDescription of effectiveness

in de- escalatingSchool personnel responsePlanned PBIS used in futureSpecial ed referral, if not

alreadyComplete by end of next

school day

NoticePrincipal: ASAP, but no longer than end of school day

Parents: ASAP within 24 hoursIf parent cannot be reachedWritten notice mailed

DebriefingWho

Implementer2 staff in proximityParentStudentSupervisory/Administrative

WhenAs soon as practicableNo more than 5 school days

after request

Debriefing ContentEvents leading to R/SRelevant informationPlanning of r prevention and reductionConsideration of a referral

Documentation used becomes part of the student’s record

Training – All Staff

Admin regs and district policy and procedure

PBIS – may be web-based

Training – Core StaffDesignated to respondPreventing physical restraintRisk assessmentSimulated experience

administering and receivingEffects of restraintSigns of physical distressDocumentation/notice requirementsDemonstration of proficiency

Data ReportingNumber of uses of physical restraintNumber of students restrainedNumber of uses of seclusionNumber of instances of substantial risk to studentNumber of instances of substantial risk to school personnelNumber of instances SRO/LEO involved

EnforcementRequest a copy of the incident reportRequest a debriefingDistrict complaint procedureReport with local law enforcementComplaint with CPSEthics ComplaintFormal Complaint with KDEFile a civil suit

704 KAR 7:160.Use of physical restraint and seclusion in public schools.

Effective Date: February 1, 2013

Citation