Use of Aversive Intervention, Physical Restraint and Mechanical Restraint on
Pupils With Disabilities
NRS 388.521 Definitions. As used in NRS 388.521 to 388.5315, inclusive, unless the context otherwise requires, the words and terms defined in NRS 388.5215 to 388.526, inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 1999, 3236)
NRS 388.5215 “Aversive intervention” defined. “Aversive intervention” means any of the following actions if the action is used to punish a pupil with a disability or to eliminate, reduce or discourage maladaptive behavior of a pupil with a disability:
1. The use of noxious odors and tastes;
2. The use of water and other mists or sprays;
3. The use of blasts of air;
4. The use of corporal punishment;
5. The use of verbal and mental abuse;
6. The use of electric shock;
7. The administration of chemical restraint to a person;
8. The placement of a person alone in a room where release from the room is prohibited by a mechanism, including, without limitation, a lock, device or object positioned to hold the door closed or otherwise prevent the person from leaving the room;
9. Requiring a person to perform exercise under forced conditions if the:
(a) Person is required to perform the exercise because he exhibited a behavior that is related to his disability;
(b) Exercise is harmful to the health of the person because of his disability; or
(c) Nature of the person’s disability prevents him from engaging in the exercise; or
10. The deprivation of necessities needed to sustain the health of a person, regardless of the length of the deprivation, including, without limitation, the denial or unreasonable delay in the provision of:
(a) Food or liquid at a time when it is customarily served; or
(b) Medication.
(Added to NRS by 1999, 3237)
NRS 388.522 “Chemical restraint” defined. “Chemical restraint” means the administration of drugs for the specific and exclusive purpose of controlling an acute or episodic aggressive behavior when alternative intervention techniques have failed to limit or control the behavior. The term does not include the administration of drugs on a regular basis, as prescribed by a physician, to treat the symptoms of mental, physical, emotional or behavioral disorders and for assisting a person in gaining self-control over his impulses.
(Added to NRS by 1999, 3237)
NRS 388.5225 “Corporal punishment” defined. “Corporal punishment” means the intentional infliction of physical pain, including, without limitation, hitting, pinching or striking.
(Added to NRS by 1999, 3237)
NRS 388.523 “Electric shock” defined. “Electric shock” means the application of electric current to a person’s skin or body. The term does not include electroconvulsive therapy.
(Added to NRS by 1999, 3237)
NRS 388.5235 “Emergency” defined. “Emergency” means a situation in which immediate intervention is necessary to protect the physical safety of a person or others from an immediate threat of physical injury or to protect against an immediate threat of severe property damage.
(Added to NRS by 1999, 3237)
NRS 388.524 “Individualized education program” defined. “Individualized education program” has the meaning ascribed to it in 20 U.S.C. § 1414(d)(1)(A).
(Added to NRS by 1999, 3237)
NRS 388.5245 “Individualized education program team” defined. “Individualized education program team” has the meaning ascribed to it in 20 U.S.C. § 1414(d)(1)(B).
(Added to NRS by 1999, 3237)
NRS 388.525 “Mechanical restraint” defined. “Mechanical restraint” means the use of devices, including, without limitation, mittens, straps and restraint chairs to limit a person’s movement or hold a person immobile.
(Added to NRS by 1999, 3238)
NRS 388.5255 “Physical restraint” defined. “Physical restraint” means the use of physical contact to limit a person’s movement or hold a person immobile.
(Added to NRS by 1999, 3238)
NRS 388.526 “Verbal and mental abuse” defined. “Verbal and mental abuse” means actions or utterances that are intended to cause and actually cause severe emotional distress to a person.
(Added to NRS by 1999, 3238)
NRS 388.5265 Aversive intervention prohibited. A person employed by the board of trustees of a school district or any other person shall not use any aversive intervention on a pupil with a disability.
(Added to NRS by 1999, 3238)
NRS 388.527 Physical restraint and mechanical restraint prohibited; exceptions. A person employed by the board of trustees of a school district or any other person shall not:
1. Except as otherwise provided in NRS 388.5275, use physical restraint on a pupil with a disability.
2. Except as otherwise provided in NRS 388.528, use mechanical restraint on a pupil with a disability.
(Added to NRS by 1999, 3238)
NRS 388.5275 Conditions under which physical restraint may be used; report required.
1. Except as otherwise provided in subsection 2, physical restraint may be used on a pupil with a disability only if:
(a) An emergency exists that necessitates the use of physical restraint;
(b) The physical restraint is used only for the period that is necessary to contain the behavior of the pupil so that the pupil is no longer an immediate threat of causing physical injury to himself or others or causing severe property damage; and
(c) The use of force in the application of physical restraint does not exceed the force that is reasonable and necessary under the circumstances precipitating the use of physical restraint.
2. Physical restraint may be used on a pupil with a disability and the provisions of subsection 1 do not apply if the physical restraint is used to:
(a) Assist the pupil in completing a task or response if the pupil does not resist the application of physical restraint or if his resistance is minimal in intensity and duration;
(b) Escort or carry a pupil to safety if the pupil is in danger in his present location; or
(c) Conduct medical examinations or treatments on the pupil that are necessary.
3. If physical restraint is used on a pupil with a disability in an emergency, the use of the procedure must be reported in the pupil’s cumulative record and a confidential file maintained for the pupil not later than 1 working day after the procedure is used. A copy of the report must be 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. If the board of trustees determines that a denial of the pupil’s rights has occurred, the board of trustees may submit a report to the Department in accordance with NRS 388.5315.
(Added to NRS by 1999, 3238)
NRS 388.528 Conditions under which mechanical restraint may be used; report required.
1. Except as otherwise provided in subsection 2, mechanical restraint may be used on a pupil with a disability only if:
(a) An emergency exists that necessitates the use of mechanical restraint;
(b) A medical order authorizing the use of mechanical restraint is obtained from the pupil’s treating physician before the application of the mechanical restraint or not later than 15 minutes after the application of the mechanical restraint;
(c) The physician who signed the order required pursuant to paragraph (b) or the attending physician examines the pupil as soon as practicable;
(d) The mechanical restraint is applied by a member of the staff of the school who is trained and qualified to apply mechanical restraint;
(e) The pupil is given the opportunity to move and exercise the parts of his body that are restrained at least 10 minutes per every 60 minutes of restraint, unless otherwise prescribed by the physician who signed the order;
(f) A member of the staff of the school lessens or discontinues the restraint every 15 minutes to determine whether the pupil will stop or control his inappropriate behavior without the use of the restraint;
(g) The record of the pupil contains a notation that includes the time of day that the restraint was lessened or discontinued pursuant to paragraph (f), the response of the pupil and the response of the member of the staff of the school who applied the mechanical restraint;
(h) A member of the staff of the school continuously monitors the pupil during the time that mechanical restraint is used on the pupil; and
(i) The mechanical restraint is used only for the period that is necessary to contain the behavior of the pupil so that the pupil is no longer an immediate threat of causing physical injury to himself or others or causing severe property damage.
2. Mechanical restraint may be used on a pupil with a disability and the provisions of subsection 1 do not apply if the mechanical restraint is used to:
(a) Treat the medical needs of the pupil;
(b) Protect a pupil who is known to be at risk of injury to himself because he lacks coordination or suffers from frequent loss of consciousness;
(c) Provide proper body alignment to a pupil; or
(d) Position a pupil who has physical disabilities in a manner prescribed in the pupil’s individualized education program.
3. If mechanical restraint is used on a pupil with a disability in an emergency, the use of the procedure must be reported in the pupil’s cumulative record and a confidential file maintained for the pupil not later than 1 working day after the procedure is used. A copy of the report must be 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. If the board of trustees determines that a denial of the pupil’s rights has occurred, the board of trustees may submit a report to the Department in accordance with NRS 388.5315.
(Added to NRS by 1999, 3238)
NRS 388.5285 Mandatory education and training for staff.
1. The Department shall develop a model program of education for use by the school districts to train the members of the staff of the schools within the school districts who are identified in the individualized education programs of pupils with disabilities to provide services to those pupils. The model program of education must provide instruction in positive behavioral interventions and positive behavioral supports that:
(a) Includes positive methods to modify the environment of pupils with disabilities to promote adaptive behavior and reduce the occurrence of inappropriate behavior;
(b) Includes methods to teach skills to pupils with disabilities so that the pupils can replace inappropriate behavior with adaptive behavior;
(c) Includes methods to enhance the independence and quality of life for pupils with disabilities;
(d) Includes the use of the least intrusive methods to respond to and reinforce the behavior of pupils with disabilities; and
(e) Offers a process for designing interventions based upon the pupil that are focused on promoting appropriate changes in behavior as well as enhancing the overall quality of life for the pupil.
2. The board of trustees of each school district shall provide for appropriate training for the members of the staff of the schools within the school district who are authorized to carry out and monitor physical restraint and mechanical restraint to ensure that those members of the staff are qualified to carry out the procedures in accordance with NRS 388.521 to 388.5315, inclusive.
(Added to NRS by 1999, 3239)
NRS 388.529 Disciplinary action against person for intentional violation. In addition to any penalty prescribed by specific statute, a person who intentionally uses aversive intervention on a pupil with a disability or intentionally violates NRS 388.527 is subject to disciplinary action pursuant to NRS 391.312 or 391.330, or both.
(Added to NRS by 1999, 3240)
NRS 388.5295 Report of violation; corrective plan required; appointment of administrator to oversee school under certain circumstances.
1. A school where a violation of NRS 388.521 to 388.5315, inclusive, occurs shall report the violation to the board of trustees of the school district not later than 24 hours after the violation occurred, or as soon thereafter as the violation is discovered.
2. The board of trustees of the school district where the violation occurred shall develop, in cooperation with the superintendent of schools of the school district, a corrective plan to ensure that within 30 calendar days after the violation occurred, appropriate action is taken by the school and the board of trustees to prevent future violations.
3. The superintendent of schools of the school district shall submit the plan to the Department. The Department shall review the plan to ensure that it complies with applicable federal law and the statutes and regulations of this state. The Department may require appropriate revision of the plan to ensure compliance.
4. If the school where the violation occurred does not meet the requirements of the plan to the satisfaction of the Department, the Department may appoint a licensed administrator to oversee the school to ensure that the school meets the requirements of the plan. An administrator serves at the pleasure of the Superintendent of Public Instruction and is entitled to receive such compensation as may be set by the superintendent. A school district that contains a school for which an administrator is appointed pursuant to this subsection shall reimburse the Department for any expenses incurred by the Department pursuant to this subsection.
(Added to NRS by 1999, 3240)
NRS 388.531 Retaliation for reporting violation prohibited. An officer, administrator or employee of a public school shall not retaliate against any person for having:
1. Reported a violation of NRS 388.521 to 388.5315, inclusive; or
2. Provided information regarding a violation of NRS 388.521 to 388.5315, inclusive, by a public school or a member of the staff of the public school.
(Added to NRS by 1999, 3241)
NRS 388.5315 Reporting of denial of rights; investigation and resolution of disputes by Department.
1. A denial of rights of a pupil with a disability pursuant to NRS 388.521 to 388.5315, inclusive, must be entered in the pupil’s cumulative record and a confidential file maintained for that pupil. Notice of the denial must be provided to the board of trustees of the school district.
2. If the board of trustees of a school district receives notice of a denial of rights pursuant to subsection 1, it shall cause a full report to be prepared which must set forth in detail the factual circumstances surrounding the denial. A copy of the report must be provided to the Department.
3. The Department:
(a) Shall receive reports made pursuant to subsection 2;
(b) May investigate apparent violations of the rights of pupils with disabilities; and
(c) May act to resolve disputes relating to apparent violations.
(Added to NRS by 1999, 3241)
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