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)

Nebraska

Statutes/laws

Revised Statute 79.295: Corporal Punishment Ban

http://nebraskalegislature.gov/laws/statutes.php?statute=s7902095000

Policy

Policy is developed by local districts. A technical assistance document to provide guidance to districts in developing policy and procedures is in the process of being created through a grant with the University of Nebraska-Lincoln.

Regulations

Nebraska is reviewing the inclusion in its regulations of a requirement for a district policy/procedure in the area of restraint and seclusion.

Guidance

Many Educational Service Units, school districts and programs in Nebraska already provide training to members of their staff on conflict de-escalation and restraint and seclusion topics through major vendors for this training, including, Mandt, Crisis Prevention Institute (CPI), Therapeutic Crisis Intervention (TCI) and others.

Most superintendents review and remind staff at the beginning of each school year to be cautious about touching or holding students unless the staff member is specifically trained and following all procedures.

Through the federal Nebraska School Improvement Grant (N-SIG)/ General Supervision Enhancement Grant (G-SEG), NDE provides training and support to school districts through the Nebraska Positive Behavioral Interventions and Supports Project which is administered by Jolene Palmer of the Nebraska Department of Education.

http://www.npbis.org/

Nebraska has a technical assistant project underway through a grant to the University of Nebraska-Lincoln to provide guidance to school districts in the development and implementation of restraint and seclusion policies and procedures. That project will coordinate with the Comprehensive Centers as needed.

Nevada

The State of Nevada has had stringent requirements in place regarding the use of aversive intervention, physical restraint and mechanical restraint (seclusion and restraint) of pupils since 1999. The state statutes governing seclusion and restraint of pupils are comprehensive in nature and apply to both public and private schools operating in Nevada. The statutes governing seclusion and restraint of public school pupils in Nevada (NRS 388.521 through NRS 388.5315) have been provided with this Status Report as Attachment A (private school statutes are identical in wording but not attached). In addition, the public statutes can be viewed electronically at: http://www.leg.state.nv.us/NRS/NRS-388.html#NRS388Sec521.

Specifically, Nevada statutes provide for the following:

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  Clear and concise definitions of terms and conditions that apply to aversive intervention and restraint of pupils.
  
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  Conditions under which physical and mechanical restraint may be used on a pupil along with required reporting to the local board of trustees or private school administrators. If a physical or mechanical restraint is used, a report of the procedure must be completed and included in the pupils cumulative record along with a copy of the report provided to the board of trustees of the school district, the pupil’s individualized education program team and the parent or guardian of the pupil.
  
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  The development of a model program of education by the Nevada Department of Education for use by school districts and private schools to train staff members who are authorized to carry out and monitor the use of physical or mechanical on pupils. The training is mandatory for these staff members and must include instruction in positive behavioral interventions and positive behavioral supports.
  
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  Disciplinary action against a person who intentionally violates the specific statutes governing aversive intervention and restraint of pupils.
  
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  If a violation occurs within a school, a report must be filed within 24 hours to the board of trustees of the school district and a corrective action plan must be developed within 30 calendar days with appropriate action taken to prevent future violations. The corrective action plan must be submitted to the Nevada Department of Education to ensure compliance with state and federal law and may be modified by the Department to ensure compliance.
  

Revisions to Statutes Regarding Aversive Intervention and Restraint of Pupils Made by the 2009 Legislature

Although not yet codified and available electronically, the 2009 Nevada Legislature revised and enhanced existing statutes governing aversive intervention and restraint of pupils through the passage of Assembly Bill 56, which became effective July 1, 2009. Assembly Bill 56 can be viewed at the following Web site location: http://www.leg.state.nv.us/75th2009/Bills/AB/AB56_EN.pdf

A Summary of Statute Changes Made by Assembly Bill 56

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  Requires the board of trustees of each school district and the administrative head of each private school that provides instruction to pupils with disabilities, on or before August 1 of each year, to prepare a report for each school under their jurisdiction on the use of physical and mechanical restraint on pupils with disabilities. The report must include the number of instances of physical and mechanical restraint used during the previous school year for each school per teacher employed at the school and per pupil and the number of violations of the physical and mechanical restraint statutes. The bill prohibits personally identifiable information about an individual pupil or teacher from being included in the report.
  
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  Requires the Department of Education to develop the form to be used by the school districts/private schools to report the required information on the use of physical and mechanical restraint on pupils with disabilities.
  
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  Authorizes the board of trustees to develop the form to be used to collect the required information from each school within the school district. Requires the board of trustees to submit the written report to the Department of Education on or before August 15 of each year.
  
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  Requires the Department of Education to compile the reports received from each school district/private school and prepare a written report on or before October 1 of each year. The Department report must be submitted to the Legislative Counsel Bureau to be forwarded to the next regular session of the legislature during even-numbered years. In odd-numbered years, the Department report is to be submitted to the Legislative Committee on Education.
  
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  Modifies the current physical and mechanical restraint reporting requirements for each pupil if there are three reports of restraint in one school year on the pupil. In these cases, the Bill requires the school district/private school to review the circumstances of the use of the restraint and provide a report on its findings.
  
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  Modifies the current physical and mechanical restraint reporting requirements for each pupil if there are five reports of restraint in one school year on the pupil. In these cases, requires a review of the pupil’s Individualized Education Plan (IEP). If either physical or mechanical restraint continues after the IEP review, the school district and the parent or legal guardian of the pupil must develop a plan to be included in the IEP that addresses additional methods that are appropriate for the pupil to ensure the restraint does not continue, which could include, but not be limited to, mentoring, training, a functional behavior assessment, a positive behavior plan and positive behavioral supports. The school district must notify the school in which the pupil is enrolled to review the circumstances of the use of the restraint and provide a report to the school district on its findings.
  

Summary

The State of Nevada has long had a concern with the welfare of students regarding seclusion and restraint of pupils as evidenced by the detailed state statutes that have been in effect since 1999. In addition, enhanced reporting and monitoring requirements were adopted within the state that became effective July 1, 2009, that will ensure all cases of physical or mechanical restraint are dealt with quickly and effectively and are publically reported to the Nevada Legislature. The mandatory training required of all staff within the state who work with students where the possibility of physical or mechanical restraint may occur is additional evidence that the state has been proactive in its dealing with the seclusion and restraint of pupils. The use of positive interventions such as mentoring, a functional behavior assessment, a positive behavior plan and positive behavioral supports have been emphasized within the state to ensure the safety and protection of all students in both public and private schools.