Summary of Seclusion and Restraint Statutes, Regulations, Policies and Guidance, by State and Territory: Information as Reported to the Regional Comprehensive Centers and Gathered from Other Sources (ms word)

Iowa

Statutes/laws

Iowa Code section 280.21: “Corporal Punishment—Burden of Proof”

http://search.legis.state.ia.us/nxt/gateway.dll/ic/2009code/1/9461/10368/10587/10617?f=templates&fn=default.htm (or http://tinyurl.com/kolrgn)

Iowa Administrative Code 281, Chapter 103: “Corporal Punishment Ban; Restraint; Physical Confinement and Detention”

http://www.legis.state.ia.us/aspx/ACODocs/DOCS/8-12-2009.281.103.pdf

Policy

The statute and regulations are the policy of the state of Iowa and are mandatory in all school districts, area education agencies (AEAs) and accredited nonpublic schools.

Regulations

Amendments to Chapter 103, effective November 2008. (Thomas Mayes, lawyer with Special Education bureau)

Amended regulations:

1. 
   require training on positive behavior interventions and supports, alternatives to seclusion and restraint, and crisis prevention and de-escalation;
   
2. 
   provide that corporal punishment remains banned, and seclusion and restraint is to be used only when reasonable;
   
3. 
   provide standards for determining when use of seclusion and restraint is reasonable;
   
4. 
   require notice to parents about the use of seclusion and restraint;
   
5. 
   require data collection, for use in notifying parents and program evaluation;
   
6. 
   ban certain inherently risky practices (e.g., prone restraint).
   

Iowa provides guidance on these amended regulations:

http://www.iowa.gov/educate/index.php?option=com_content&view=article&id=1002&Itemid=1299

Guidance

Area Education Agencies (AEAs) deliver Mandt System training and certification to special education teachers and administrators as well as other topics (e.g., positive behavioral interventions and supports). http://www.mandtsystem.com/

Positive Behavioral Intervention and Supports (Susan Bruce, Iowa’s contact). www.pbis.org

Iowa has no current needs and/or requests for further technical assistance at this time.

Kansas

KANSAS STATE DEPARTMENT OF EDUCATION SECLUSION AND RESTRAINT GUIDELINES

LEGAL GOVERNANCE OF SECLUSION AND RESTRAINT (STATE/FEDERAL LAWS)

Federal law does not restrict the use of restraints and seclusion in public or private schools. With regard to children with disabilities, the Individuals with Disabilities Education Act (IDEA) requires that eligible students be educated in the least restrictive environment. IDEA also mandates that special education students have an Individualized Education Program (IEP), a written document that, in part, explains the educational goals of the student and the types of services to be provided. IEPs are developed by parents and school personnel and may contain instructions related to the use of strategies to support the student. These strategies could include, for example, instructional approaches and behavioral interventions such as the use of seclusion and restraints. State laws and regulations in this area vary widely. For example, 19 states, including Kansas, do not have laws or regulations related to the use of seclusions or restraints in schools. However, Kansas is one of four states currently collecting and reporting information from school districts on the use of restraints and seclusions.

Source the Government Accountability Office document GAO-09-719T

The authority for Seclusion and Restraint in Kansas is located in the published Kansas Seclusion/Restraint Guidelines, which were adopted by the Kansas State Board of Education on March 13, 2007, “… the State Board directed staff members to convert the proposed seclusion and restraint regulations for students with disabilities to guidelines, with provision for the monitoring of these activities and reporting to the State Board.”

Source the Kansas State Board of Education Minutes of March 13, 2007

HISTORY
The Kansas Seclusion and Restraint Guidelines evolved from a request for regulations by the Disability Rights Center (DRC) of Kansas in 2005. The request was turned over to the Senate Education Committee for investigation. Testimony was heard from parents of students with disabilities, the Kansas State Department of Education (KSDE) and other interested parties. In response to testimony, the Committee directed the Kansas State Department of Education to gather information to better determine how seclusion and restraint interventions were being used in public schools. KSDE was also directed to use this information to develop policies, rules and/or regulation about the appropriate use of seclusion and physical restraint, the appropriate physical characteristics of seclusion rooms, and training needed by school personnel.
In June 2005, KSDE, DRC, and Families Together met with school personnel and parents of students with disabilities to discuss concerns about the use of seclusion and restraint in public schools. As a result of this meeting, a focus group was convened by KSDE, which included representatives of KSDE, parent advocacy groups, Kansas Statewide Technical Assistance Resource System (KSTARS), Kansas Association of Special Education Administrators (KASEA), the Kansas Association of School Boards (KASB), the Attorney General’s Office, the Kansas Department of Health and Environment (KDHE), Disability Rights Center (DRC) and other stakeholders. The focus group met multiple times during the year to further identify needs for improvement and develop a common language on seclusion and restraint in public school settings. The final outcome of the focus group was the development of seclusion and restraint guidelines in public schools that was presented to the Kansas State Board of Education (KSBE) and adopted in March 2007.
KANSAS GUIDELINES: SECLUSION REPORTING REQUIREMENTS
School districts are required to report annually to the State Director of Special Education:

• 
  the school name;
  
• 
  the grades offered at the school; and
  
• 
  the length, width, and height of each seclusion room located within the school(s).
  

School districts are required to report quarterly to the State Director of Special Education:

• 
  the number of students placed in seclusion during the reporting period;
  
• 
  the maximum amount of time any child was in seclusion on a single occasion; and
  
• 
  the maximum number of times during a single day that a student was placed in a seclusion room.
  

KSDE has standardized procedures to verify seclusion data submitted quarterly. KSDE may request additional student level information such as the Individual Education Plan (IEP) or documentation of the seclusion incident to ensure compliance with IDEA state and federal statutes and regulations regarding positive behavior supports and behavior intervention plans. The seclusion data collected by KSDE is used to plan professional development activities and provide targeted technical assistance.

PROFESSIONAL DEVELOPMENT
These adopted guidelines are disseminated by KSDE and technical assistance is provided to educators in regard to seclusion and restraint in public schools. In addition, a more comprehensive guidance document, referred to as the “Kansas Seclusion and Restraint Guidelines Guidance Document,” stresses positive preventive supports and provides guidance to schools on how to use seclusion and restraint in a safe and effective manner when those interventions prove necessary. Technical assistance is provided on an ongoing basis statewide.
All Kansas special education directors, principals and superintendents have received information regarding these training opportunities. Each year, professional development is offered through conference calls, interactive TV sessions, regional training for administrators and staff members, KSDE sponsored conference presentations, and ongoing individual student level technical assistance. Supporting professional development materials and PowerPoint presentations can be obtained at www.ksde.org.
EXCERPT FROM GUIDANCE DOCUMENT ON KANSAS SECLUSION AND RESTRAINT GUIDELINES (2008)
Safety for students and staff is the number one concern of all educators. It is important to remember that behavior is learned and that all behaviors have a function. A professional educator understands that in order to provide a safe and orderly environment conducive to teaching and learning, student perspectives and basic needs must be explored, understood and met. Proactive and preventive behavioral interventions should be initiated and ongoing to diffuse disruptive and volatile situations. When students are provided appropriate supports, the potential for misbehavior is minimized. Seclusion is ineffective when used as a form of discipline or punishment but research suggests it can be effective as a planned behavior intervention strategy. A behavior intervention strategy is one that is planned to support an individual through a targeted behavior change—not to punish the individual until they comply. Behavior interventions may focus on changing the antecedents or consequences that are typically associated with the behavior, teaching alternative behaviors, and/or increasing reinforcement for desired behaviors.
Seclusion can be most effective when:

• 
  The “time-in environment” is valued by the child and removal from that environment is seen as a negative consequence; and
  
• 
  The procedure is implemented consistently by trained staff; and
  
• 
  The procedure is perceived as fair by staff, parents and children with rules of seclusion agreed upon in advance; and
  
• 
  There is constant monitoring of the use of seclusion and adjustments are made as necessary.
  

Seclusion
There are three types of seclusion “timeouts”:

• 
  Inclusion in the classroom;
  
• 
  Exclusion outside the classroom, e.g., in the hallway or principal’s office; and
  
• 
  Seclusion in a room or location where a student is purposefully isolated from others and prevented from leaving the area.
  

Seclusion is the most restrictive form of timeout. Public schools are required to report quarterly on the use of seclusion for special education students. It is important to understand what constitutes “seclusion” and how it is different from other forms of time out. According to the Kansas Seclusion/Restraint Guidelines, a student is considered to be in seclusion when the student is:

• 
  Placed in an enclosed area by school personnel,
  
• 
  Purposefully isolated from other adults and peers and
  
• 
  Prevented from leaving the room.
  

Regardless of what the room is called, if the use of the room meets these three criteria it is considered seclusion.
Physical Restraint/Mechanical Restraint
Physical restraint should not be used for purposes of discipline, punishment, or staff convenience. "Physical restraint" means bodily force used to substantially limit a person's movement. A child with a disability should not be subjected to mechanical restraint. "Mechanical restraint" means any device or object used to limit a person's movement.
A school employee may use physical restraint on a child with a disability only if the child's behavior presents an imminent risk of harm to self or others. “Imminent risk of harm" means an immediate and impending threat of a person causing substantial physical injury to self or others. Any school employee applying restraint should use a method of restraint in which the employee has received training and should apply the restraint in a manner that is proportionate to the circumstances, and that is appropriate to the severity of the child's behavior, size and age. The training for school employees should be consistent with nationally-recognized training programs, such as Mandt or Nonviolent Crisis Intervention.
Restraint should be used only if a student presents a danger of imminent risk of harm to self or others and only as a last resort to protect the safety of all involved.
SCHOOL-WIDE POSITIVE BEHAVIOR SUPPORT (SWPBS)/

Multi-Tier System of Supports—Behavior (MTSS)
The Kansas School-Wide Positive Behavior Support (SWPBS)/Multi-Tier System of Support (MTSS) is a prevention-focused approach that includes using multiple tiers of increasingly intensive interventions to ensure student behavioral and academic success. This prevention-oriented service framework was adopted from the fields of public health and community mental health and applied to educational settings.
SWPBS is a systematic approach for implementing proactive school-wide discipline. The purpose of SWPBS is to improve school climate and prevent student problem behaviors across all school settings. Essential elements of SWPBS include:

• 
  Building a culture within the whole school that will serve as a foundation for both behavioral and academic success,
  
• 
  Emphasizing early identification and prevention of problem behavior,
  
• 
  Directly teaching appropriate social skills to all students, and modifying or rearranging the school context when necessary to prevent problem behavior,
  
• 
  Using a three-tiered continuum of behavior support practices in order to prevent problem behavior, and
  
• 
  Actively using data for decision-making. SWPBS focuses on achieving social and academic achievement outcomes by establishing data, systems and practices.
  

All students receive the support they need for success based on a continuum of need and intensity.

MTSS Recognized Facilitators work closely with school staff members to determine the professional development necessary to implement SWPBS. The teams participate in ongoing professional development which enables them to plan for and implement appropriate instruction and interventions in all tiers. In addition, school teams are encouraged to use the MTSS Behavior Resource Site, which allows schools and districts access to tools, materials and resources. To access the site, go to: www.kansasmtss.org/resources.htm and click on the link “Behavior Resource Website”.
A professional development module was developed to introduce major elements of SWPBS/MTSS which include the following:

• 
  Overview of the multi-tiered system of supports for behavior
  
• 
  Forming a district MTSS leadership team
  
• 
  Building consensus
  
• 
  Data-based decision making in MTSS
  
• 
  Developing capacity for Tier 2 and Tier 3
  
• 
  Community involvement
  
• 
  Cultural competence and MTSS
  

KSDE maintains a focus on prevention efforts by providing training and resources to educators across the state to decrease the use of seclusion and restraint and ensure a free appropriate public education to special education students.

PLANS FOR FURTHER DEVELOPMENT
KSDE is developing a new collection tool for schools to report quarterly seclusion data. The collection tool is anticipated to be launched during the 2009–2010 school year. The new collection tool will allow for data to be retrieved by individual student ID for each incident of seclusion and will enable KSDE and schools to monitor data more closely.
The purposes for creating such a reporting system on incidents of seclusion were to:

• 
  Lay the groundwork for research and analysis regarding the relationship between seclusion incidents and academic performance, special education status, demographic data and other variables;
  
• 
  Allow schools to record data on seclusion incidents including student identifier, date of seclusion and length of seclusion; and
  
• 
  Analyze the data and provide targeted technical assistance to districts across the state in the area of seclusion.
  

DOCUMENTATION
Guidance Document on Kansas Seclusion and Restraint Guidelines

http://www.ksde.org/Default.aspx?tabid=3119
Kansas Incident Discipline System (KAN-DIS)

http://www.ksde.org/Default.aspx?tabid=2575
Kansas Multi-Tier System of Supports

www.kansasmtss.org
Kansas State Board of Education Seclusion Report of November 11, 2008

http://www.ksde.org/Default.aspx?tabid=3119
School-wide Positive Behavior Supports

www.swpbs.org/resource.html
Seclusion Reporting Checklist for 2008–2009

http://www.ksde.org/Default.aspx?tabid=3119
Seclusion Reporting Requirements 2008–2009

http://www.ksde.org/Default.aspx?tabid=3119
Seclusion Restraint Guidelines

http://www.ksde.org/Default.aspx?tabid=3119
What Every Administrator Should Know About Seclusion PowerPoint

http://www.ksde.org/Default.aspx?tabid=3119