If you've ever wondered about how the law defines the use of restraints and isolation in relation to the Special Education Behavior Supports Act, we're here to help.
Physical
Holding Restraint is the use of body contact
by school personnel with a student to restrict freedom of movement or normal
access to the student's body.
Isolation
or seclusion is the confinement of a student alone in a room with or without a
door. The student is unable to leave the area.
An emergency is a situation
where a student’s behavior is a threat to the physical safety of the student or
others around them.
When is
Physical Holding Restraint allowable? Restraint and isolation
may be used in an emergency situation only. An emergency situation is defined
as a situation in which “a child's behavior poses a threat to harm themselves or
others.”
- Example of an
emergency situation: The student is repeatedly punching a glass window
with the intent to punch through the glass.
- Example of a
non-emergency situation: The student lifts a computer and
throws it on the floor.
What is
the policy on notifying parents after a restraint or isolation incident?
If
school personnel impose restraints or isolations in an emergency situation, the
student’s parent or guardian shall be told orally, or by written or printed
communication, the same day the isolation or restraint was used. If a parent is
told orally, they should still be given a copy of
the written restraint/isolation form.
Can
restraint and/or isolation be written into the IEP on a student’s BIP?
Yes, the IEP team can discuss to write restraint and/or isolation into a student’s BIP. It is important to remember that restraint and isolation are for emergency situations only and are not instructional strategies.
Special Education Behavior Supports Act:
Special
Education Behavior Supports Act (SEBSA) outlines
tasks for the school system, schools, IEP teams, and how to address behavior
with students with disabilities or students not receiving special education
services. It lays out preventative approaches to prevent the behavior and how
to decrease behavior. It outlines the training issues that
school systems may incorporate.
Facts You
Need to Know:
· If a
school is in an emergency situation the school will contact the trained
personnel that is trained in isolation and restraint. After the intervention,
parents or guardians should be notified.
· If the
IEP plan does not provide any use of isolation or restraint and the school
personnel has to use isolation or restraint, the IEP team must meet within 10 days
following the isolation or restraint.
· The school personnel should tell the principal about the incident of restraint or isolation. Another school personnel should be an observer and should monitor the safety of all involved.
If you have any questions or concerns about this
topic, please reach out to specialeducation@thearctn.org.
No comments:
Post a Comment