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)

Michigan

The Michigan Compiled Laws (MCL) and the Michigan Department of Education (MDE) provide directives on the use of seclusion and restraint, specific to school-based policies and practices.

Michigan Education Policy

Type	Laws (MCL)	Policies (MDE)	Regulations (MDE)	Guidance (MDE)
Seclusion	None	Supporting Student Behavior: Standards for the Emergency Use of Seclusion and Restraint	None	School-wide Positive Behavior Support Implementation Guide 2008
Restraint	“Reasonable physical force” allowable to maintain order and control in providing a safe and conducive learning environment. At least one of a determined set of criteria must apply. (§380.1312)	Supporting Student Behavior: Standards for the Emergency Use of Seclusion and Restraint		School-wide Positive Behavior Support Implementation Guide 2008
Corporal punishment	Prohibited (§380.1312)

In addition to the policies and regulations directing the use of seclusion and restraint in education, Michigan also has a policy that each district must implement schoolwide positive behavior support (PBS) strategies. MDE has provided a number of resources to support schoolwide PBS, most recently with an updated 2008 implementation guide—School-wide Positive Behavior Support.

Practice Considerations

In his July 31, 2009, letter, Secretary Duncan mentioned “examples of good practices that State officials might strive to include in their statutes, regulations, policies and guidance.” The following table lists practice consideration, identifies whether Michigan has included them in its state policies, and provides additional information and a link to the source document.

“Supporting Student Behavior—Standards for Emergency Use of Seclusion and Restraints” and

“School-wide Positive Behavior Support: Implementation Guide 2008” can be located at

http://www.michigan.gov/documents/mde/SchoolwidePBS_264634_7.pdf

Practice Considerations	Present	Notes	Source(s)
Clear definitions of relevant terms such as “seclusion” and “restraint” and “emergency”	Yes	MDE definitions include Emergency Emergency safety intervention De-escalation techniques Informed consent Restraint Seclusion Timeout Timeout continuum Prohibited Practices	Supporting Student Behavior: Standards for the Emergency Use of Seclusion and Restraint
Clear limitations on what seclusion and restraint techniques specifically are limited or not allowed	Yes	Seclusion limitations identified. Restraint limitations identified.	Supporting Student Behavior: Standards for the Emergency Use of Seclusion and Restraint
Specifying when seclusion and restraint techniques may be used	Yes	Must only be used as last resort for emergency safety.	Supporting Student Behavior: Standards for the Emergency Use of Seclusion and Restraint
If seclusion and restraint techniques are permitted as behavioral interventions, addressing these interventions in the context of behavioral intervention plans	Yes (implied)	Inclusion of seclusion and restraint is not to be used “as a planned response”; however, there are specific requirements for an “emergency intervention plan” developed in collaboration with the parent(s).	Supporting Student Behavior: Standards for the Emergency Use of Seclusion and Restraint
Requiring effective personnel training in the administration of seclusion and restraint of students	Yes	MDE provides a training framework that includes: awareness training for broader educational community, pre-service training for all teachers, and training for substitute teachers comprehensive training for key identified personnel	Supporting Student Behavior: Standards for the Emergency Use of Seclusion and Restraint
Clearly indicating for whom the training is targeted	Yes
Identifies type of training	No	Identifies levels of training and components that must be covered at each level.
Identifies how frequently personnel are trained	No	Periodically as defined by the local school district.	Addressed in the Frequently Asked Questions attached to the document.
Identifies duration of the training	No	Unclear in the duration of the training	Addressed in the Frequently Asked Questions attached to the document.
Describing appropriately qualified personnel to administer seclusion and restraint interventions	Yes	MDE has requirement of the involvement of appropriately trained key identified staff	Supporting Student Behavior: Standards for the Emergency Use of Seclusion and Restraint
Publicizing the policies and guidelines so that administrators, teachers and parents fully understand and consent to the limited circumstances under which these techniques may be used	No	Parental notification and documentation are required, but no directive was found related to publicizing of policies and guidelines. The awareness training component requires that the “broader educational community” be made aware of the policy.
Ensuring that parents are notified (including specifying the timeframe for notification) when these interventions do occur (to the extent possible, before they occur)	Yes	MDE provides specific parental notification requirements and procedures.	Supporting Student Behavior: Standards for the Emergency Use of Seclusion and Restraint Section V (pg. 10) Section VI (pg. 15)
Ensuring that the use of these interventions is fully documented in a form accessible to parents when requested	Yes	MDE provides specific parental notification requirements and procedures.	Supporting Student Behavior: Standards for the Emergency Use of Seclusion and Restraint
Providing for the collection of data on the use of seclusions and restraints, so that information is maintained on a statewide and a local basis	Yes	MDE directs districts to develop a system of data collection with specific criteria.	Supporting Student Behavior: Standards for the Emergency Use of Seclusion and Restraint
Describing how the state uses the data and whether the data are publicly reported	No	MDE is not currently collecting data.
Providing resources for training of appropriate staff	No	Policy provides the framework for trainings. Local districts develop own resources.	School-wide Positive Behavior Support Implementation Guide 2008.
Providing for monitoring to ensure adherence to State law, regulations, policies and guidance	No	No information found.
Providing a mechanism to report any potential abuses	No	No information found.