RESTRAINT AND SECLUSION REGULATION704 KAR 7:160

PROMOTING POSITIVE BEHAVIOR

704 KAR 7:160

On February 1, 2013, 704 KAR 7:160 use of physical restraint and seclusion in public schools was enacted.

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•Requirements for the use of physical restraint and seclusion in districts

•Notification and data reporting requirements for the use of physical restraint and seclusion in district

•Does not prohibit the lawful exercise of law enforcement duties

BEHAVIORAt times, children may need help from adults to prevent them

from harming property, other people or themselves. Adults can

use de-escalation strategies to defuse dangerous behaviors

before they require restraint or seclusion. However, some

students can have little control over their behaviors that they need

to be “restrained” or “secluded”

PHYSICAL RESTRAINTA personal restriction that immobilizes or reduces the ability of a student to move the student’s torso, arms, legs, or head freely

Physical restraint does NOT include

• Temporary touching or holding of the hand, wrist, arm, shoulder, or back for the purposes of encouraging a student to move voluntarily to a safe location

• A behavioral intervention, such as proximity control or verbal soothing, used as a response to calm and comfort an upset student

• Less restrictive physical contact or redirection to promote student safety

• Physical guidance or prompting when teaching a skill or redirecting the student’s attention.

704 KAR 7:160 Section 1

SECLUSION

The involuntary confinement of a student alone in a room or area

from which the student is prevented from leaving but does not

mean classroom timeouts, supervised in-school detentions, or

out-of-school suspensions

704 KAR 7:160 Section 1

In schools, restraint and seclusion is only to be used with children

who are so dangerously out of control that they have the

capability of injuring themselves or others.

Restraint and Seclusion should NOT be used in a public school or educational program (defined in Section 3 of 704. KAR 7:160)

• As punishment or discipline.

• To force compliance or to retaliate

• As a substitute for appropriate education or behavioral support

• To prevent property damage in the absence of imminent danger or

physical harm to self or others

• As a routine school safety measure

• As a convenience for staff

• As a substitute for timeout (seclusion only)

REGULATIONS OF RESTRAINT AND SECLUSION (1)❑School districts are required by regulation to establish and

implement policies and procedures regarding physical restraint and seclusion. Policy for Adair County Schools can be found at adair.kyschools.us. Go to Board of Education/ Board Policies/Procedures. It is Chapter 9 – Students : Policy # 09.2212 Use of Restraint and Seclusion

❑School personnel should be trained annually to use an array of positive behavioral supports and interventions to:

▪ Increase appropriate student behaviors

▪ Decrease inappropriate or dangerous student behaviors

▪ Respond to dangerous behavior

704 KAR 7:160 Section 6

REGULATIONS OF RESTRAINT AND SECLUSION (2) ❑The training may be delivered utilizing web-based applications.

❑The training shall include:

• Appropriate procedures for preventing the need for physical restraint and

seclusion.

• State administration regulations and school district policies and procedures

regarding physical restraint and seclusion

• Proper use of positive reinforcement

• The continuum of use for alternative behavioral interventions.

• Crisis prevention

• Proper use of seclusion as established in Section 4 of the regulation, including

instruction on monitoring physical signs of distress and obtaining medical assistance if necessary

704 KAR 7:160 Section 6

REGULATIONS OF RESTRAINT AND SECLUSION (3)

❑The training shall include: (cont.)

• De-escalation strategies for responding to inappropriate or dangerous

behavior, including verbal de-escalation and relationship building strategies.

• Proper use of seclusion as established in Section 4 of the administrative

regulation, including instruction on monitoring physical signs of distress and obtaining medical assistance if necessary.

704 KAR 7:160 Section 6

REGULATIONS OF RESTRAINT AND SECLUSION (4) ❑ All school personnel shall receive annual written or electronic communication

from the district identifying core team members in the school setting who have been trained to implement physical restraint.

❑ A core team (Safe Crisis Management Trained Personnel) of selected school personnel shall be designated to respond to dangerous behavior and to implement physical restraint of students. This core team shall receive additional yearly training in the following areas:

▪ Appropriate procedures for preventing the use of physical restraint except as permitted by the administrative regulation 704 KAR 7:160

▪ A description and identification of dangerous behaviors that may indicate the need for physical restraint and methods for evaluating the risk of harm in individual situations

▪ Simulated experience of administering and receiving physical restraint and instruction regarding the effect on the person physical restrained, including instruction on monitoring physical signs of distress and obtaining medical assistance

▪ Instruction regarding documentation and notification requirements and investigation of injuries

▪ Demonstration by core team members of proficiency in the prevention and use of physical restraint

704 KAR 7:160 Section 6

KENTUCKY DEPARTMENT OF PUBLIC ADVOCACY PROTECTION AND ADVOCACY DIVISION

•Click on this link to see what they have found.

Restraint and Seclusion FACT Sheet Proposed Regulation 704 KAR

7:160: Use of Restraint and Seclusion in Public Schools

DATA & REPORTING

Law requires every incident that restraint or seclusion is used be recorded

DATA & REPORTING

Documentation should be completed every time restraint or seclusion is used

•The principal should be notified

•A written report must be made of the incident and placed in the student’s file

•Parent/guardian must be notified immediately

• If the incident involves a special education student, the child’s IEP team should meet to review what happened and discuss possible alternatives for the future.

704 KAR 7:160 Section 5

THINGS THAT WILL HELP IN STRUGGLES IN BEHAVIOR

•Positive Behavior Intervention Systems --PBIS is an approach

schools can use to improve school safety and promote positive

behavior. It also helps schools decide how to respond to a child

who misbehaves.

•De-escalation techniques

• Verbal de-escalation techniques (Be empathetic, Ignore challenge,

Clarify message, Use silence, Keep it simple, Stay consistent in tone with what you are saying..For example: Don’t scream EVERYTHING IS GOING TO BE OKAY)

• Non Verbal Techniques (Body language should match words, Stand

about a foot and a half away, use physical restraint as last resort)

• Build relationships with the student

TIPS FOR CRISIS PREVENTION

•Remain calm

• If possible, remove peers and onlookers that make the situation

worse

•Set and enforce reasonable limits

Use physical restraint as a last resort

Source: Intervention Central

DO NOT USE

•Mechanical restraints – the use of any device or equipment to restrict a student’s freedom of movement

• Supine restraint – face down and face up floor restraints

• Chemical restraint – medication to control behavior

• Restraints that prevents a student from breathing or speaking

• Restraint procedures as punishment for non-compliance

Do NOT use physical restraint as a response to running away unless running away will cause a risk of injury

704 KAR 7:160 Section 3

ALTERNATIVES TO SECLUSION

• Instead of taking the student with the misbehavior out of the

room, remove other students from the room they are in if

possible.

•Consider a “cool down” room where the setting is a more

comfortable and soothing with things like calming music and

comfortable seating in order for the student to calm down

Source: Intervention Central

IF SECLUSION IS NECESSARY, ONLY DO IT WHEN• The behavior is damaging to self or others.

• Less restrictive measures have not effectively de-escalated the risk of injury

• The student is visually monitored for the duration of the seclusion

•Only as long as needed to resolve the risk of danger or while awaiting arrival of law enforcement or trained personnel

THE USE OF SECLUSION SHOULD END AS SOON AS

•The student’s behavior no longer poses an imminent danger or

physical harm to self or others

•A medical condition occurs putting the student at risk of harm

704 KAR 7:160 Section 4

A SETTING FOR SECLUSION SHALL

•Be free of objects and fixtures with which a student could inflict

physical harm to self or others

•Provide school personnel a view of the student at all times

•Provide adequate lighting and ventilation

•Be reviewed by district administration to ensure programmatic

implementation of guidelines and data related to its use

•Have at unlocked and unobstructed door

•Have at least an annual fire and safety inspection

704 KAR 7:160 Section 4

CONDITIONS OF SECLUSION

• If health records indicate there is a condition that the student

can’t be isolated

•The student is allowed to go to the restroom upon request

•The student is allowed to drink water upon request

• If distress to the student is an immediate reaction to being

isolated

THE COUNCIL FOR CHILDREN WITH BEHAVIOR DISORDERS

•Position summary on the use of physical restraint and seclusion in

school settings.

QUIZ LINK

Restraint and Seclusion - Promoting Positive Behavior Quiz