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)

Federated States of Micronesia

1. Chuuk State

No policy currently exists.

2. Kosrae State

3. Pohnpei State

There are limited regulatory policies on use of restraint and isolation. The Pohnpei Education Act of 1999, Section 4-11 and 4-12 states,

“No corporal punishment. No physical punishment of any kind shall be inflicted upon a student, but reasonable force may be used by a Department employee to restrain a student, in attendance, from inflicting harm on self or others, or from damaging property.” It further states that if a student becomes a detriment to the morals or discipline of the school attended, the student may be evicted from the school by the principal, with the approval of the director. The same section (2) also states, “The Department [of Education] shall seek the active participation of other public and private agencies in providing help to such students before and after eviction from school.”

In an interview, the Special Education specialist shared the following information:

In the history of Special Education in Pohnpei, they have never encountered any serious cases where use of severe restraint or isolation is needed. Whenever they run into a problem, they immediately contact parents/family and put the child into their care, with recommendations to seek other agencies (mental health division).

Use of “cultural resolutions” has always been their main strategy for handling problematic cases. This means referring the child to parents and community to control unmanageable behaviors.

Since Special Education is a federally funded program, they are mandated to follow federal laws and guidelines on use of restraint and isolation but have never had the need to refer to or apply them (reiterating again the effectiveness of using “cultural or traditional” restraint).

With changing times and society, there is a need to take a look at PDOE policies and create regulations and guidelines for use of restraint and isolation.

Yap State

There are limited regulatory policies on use of restraint and seclusion. The original Yap Department of Education Policy and Procedures, of 1978 remains the current legal document. In that document are the following policies related to use of restraint and seclusion:

Policy 503.3 Behavioral Problems including use of detention

Teachers, counselors and administrators will discuss with parents/guardians academic progress and persistent problems of disruptive behavior by the student. Student will be removed from participation in class or school activities when appropriate in the judgment of the Principal/Head Teacher. The following measures will be utilized:

1. 
   Warning:
   
   1. 
      Oral
      
   2. 
      Written
      
2. 
   Removal from class:
   
   1. 
      Deny particular class attendance for a period of two days or less
      
   2. 
      Under the supervision of other teachers or staff members, the student will work on classroom assignments in an appropriate in-school environment where learning can continue.
      
3. 
   Notify the parents/guardians.
   

1. 
   Policy 503.4 Physical Abuse: The YDOE [Yap Department of Education] shall not permit or condone the use of physical abuse of any student by the school or DOE staff, nor will the DOE permit or condone the physical or verbal abuse of its employees by any student or parent.
   

1. 
   Special Education is a federally funded program and is mandated to follow federal laws and guidelines on use of restraint and isolation. In addition to complying with SPED regulations, the use of “cultural resolutions” has been used for handling problematic cases. This approach means referring the child to parents and community to control unmanageable behaviors.
   

Minnesota

Statutes

Minn. Stat. § 121A.58—https://www.revisor.leg.state.mn.us/statutes/?id=121A.58

Minn. Stat. § 121A.66—https://www.revisor.leg.state.mn.us/statutes/?id=121A.66

Rules

Minn. R. 3525.0210 subps. 5, 6, 9, 13, 17, 22, 29, 30, 46 and 47 -- https://www.revisor.leg.state.mn.us/rules/?id=3525.0210

Minn. R. 3525.0850—https://www.revisor.leg.state.mn.us/rules/?id=3525.0850

Minn. R. 3525.1100, subp. 2—https://www.revisor.leg.state.mn.us/rules/?id=3525.1100
Minn. R. 3525.2710—https://www.revisor.leg.state.mn.us/rules/?id=3525.2710
Minn. R. 3525.2810—https://www.revisor.leg.state.mn.us/rules/?id=3525.2810
Minn. R. 3525.2900—https://www.revisor.leg.state.mn.us/rules/?id=3525.2900

Codes

Minn. State Fire Code—Minn. R. 7511.1008, subp. 3—https://www.revisor.leg.state.mn.us/rules/?id=7511.1008
Minn. State Building Code—Minn. R. 1305.1008, subp. 8—https://www.revisor.leg.state.mn.us/rules/?id=1305.1008

Effective August 1, 2011, Minn. Stat. § 125A.0941 and 125A.0942 go into effect.

<> (attached)

Accountability

http://education.state.mn.us/MDE/Accountability_Programs/Student_Maltreatment/index.html

Minnesota does not have immediate plans to modify their current statutes/rules in response to the U.S. Department of Education letter from Arne Duncan addressed to state commissioners. Their Positive Behavioral Interventions and Support (PBIS) scaling-up model, based on the work out of the Institute of Education Sciences, aligns with the suggestions contained in the letter.

Although Minnesota has an internal group following the national trends in this area, they would also like technical assistance from the North Central Regional Comprehensive Center (NCCC) around effective practices currently under way in other states.

Mississippi

State Web site Search

State Policies Regarding Children with Disabilities (Policy 7219, effective July 20, 2009) contain nothing regarding restraint and seclusion.

Search of Mississippi Department of Education (MDE) Office of Special Education Web pages

The Mississippi School Safety Manual (Revised 2005) includes a reference to state code concerning corporal punishment and restraint policy (Appendix VI) in the translation associated with Mississippi Code of 1972, SEC. 37-11-57 regarding immunity of school personnel from liability for carrying out action in enforcing rules. Appendix VI is a sample student restraint policy describing its relation to the code, situations for which a restraint may be appropriate, acceptable techniques, and reporting requirements.

Additional Information provided by state education agency (SEA) staff

Current restraint policy recommendation as cited in Appendix VI of the Mississippi School Safety Manual has been approved by the Mississippi Attorney General’s Office.

Current restraint policy recommendation as cited in Appendix VI of the Mississippi School Safety Manual has been reviewed by the U.S. Attorney’s Office for the Southern and Northern District of Mississippi with no objections.

Current restraint policy recommendation as cited in Appendix VI of the Mississippi School Safety Manual has been adopted and incorporated into the Mississippi School Board Association Policy and Procedures Manual as Policy JCBA.

MDE currently has in place a “Passive Restraint for Educators” training course available on request to support the recommended policy.

SEA plans to develop, review, or revise statutes, policies, or guidelines

Technical assistance is requested.