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)

North Carolina

Current Statutes, Regulations, Policies and/or Guidance

The Exceptional Children’s Division for years offered guidance only to schools and districts. Following a number of failed attempts by the Governors Advocacy Council for People with Disabilities to get a law passed regarding appropriate actions for discipline of students with disabilities; all stakeholders gathered in 2003–2004 to create the existing law. The law is written to address all students, not just students with disabilities.

Statutes

North Carolina currently has three statutes that are relevant to seclusion and restraint. Each of those statutes is listed below followed by a description of the statute.

NC Gen. Stat.§115C-391.1

Permissible Use of Seclusion and Restraint

Elementary and Secondary Education Students, Discipline

The statute defines seclusion and restraint and identifies when and how it is to be used. It outlines prohibitions; defines time-out, and distinguishes the difference between physical and mechanical restraint. The law addresses reporting requirements and professional development requirements.

(see http://www.ncga.state.nc.us/EnactedLegislation/Statutes/HTML/BySection/Chapter_115C/GS_115C-391.1.html)

Professional Development Requirements are listed in GS 115C-105.47(b)(9)

(see http://www.ncga.state.nc.us/EnactedLegislation/Statutes/HTML/BySection/Chapter_115C/GS_115C-105.47.html)

NC Gen. Stat. §115C-390

Reasonable Force

The statute provides the authority for principals, teachers, substitute teachers, volunteer teachers and teacher assistants in public schools to use reasonable force in lawful authority to restrain or correct pupils to maintain order.

(see http://www.ncga.state.nc.us/EnactedLegislation/Statutes/HTML/BySection/Chapter_115C/GS_115C-390.html)

NC Gen. Stat. §115C-296

Board Sets Certification Requirements

Provides for the State Board of Education to control the certifying of teacher applicants in public elementary and high schools and to set rules and regulations for renewal and extension of certificates. Requires teacher competence in positive behavior and effective strategies for defusing and deescalating disruptive or dangerous behavior.

(see http://www.ncga.state.nc.us/EnactedLegislation/Statutes/HTML/BySection/Chapter_115C/GS_115C-296.html)

Policies

North Carolina has three policies that have application to seclusion and restraint. Each of those policies is listed below followed by a description.

NC State Board of Education Policy Manual

Policies on Beginning Teacher Support Program

Policy ID Number: QP-A-004, page 3

“Beginning teachers must be provided orientation. Orientation must include “the safe and appropriate use of seclusion and restraint of students.”

(see http://www.ncpublicschools.org//docs/recruitment/beginning/policysupportprogram.pdf)

Lateral Entry License

QP-A-001

“The employing school system shall formally commit to supporting the lateral entry teacher by: … (c) classroom management, including positive management of student behavior, effective communication for defusing and deescalating discipline or dangerous behavior, and safe and appropriate use of seclusion and restraint….”

(see http://www.ncpublicschools.org/docs/stateboard/hrstudents/2009/health-policies.doc)

Core Standards for All Teachers

Core Standard 2: Teachers know how to teach students.

“Indicator 5: Teachers are able to use positive student behavior management strategies for defusing and deescalating disruptive or dangerous behavior. They understand the safe and appropriate use of seclusion and restraint.”

(see http://www.ncpublicschools.org/docs/work4ncschools/teachereducation/ihe/2ncspecialtyas.pdf)

Guidance

Guidance documentation from North Carolina Department of Public Instruction includes the following:

School Verification Form

(see http://www.ncpublicschools.org/docs/research/discipline/collection/verification/verificationformschool.pdf)

Required Reporting of Uses of Seclusion and Restraint

(see www.ncpublicschools.org/docs/safeschools/resources/housebills/hb1032required.doc)

Incident Report–Use of Seclusion and Restraint

(see http://www.ncpublicschools.org/docs/safeschools/resources/housebills/hb1032incident.doc)

Ongoing training is provided by the SEAs Early Childhood Division and through the Safe School Division in the North Carolina Department of Public Instruction to the LEAs.

Data collection training is now being provided for schools and districts. Professional development regarding collection procedures is also available on DVDs.

Recommended best practices in policy, regulation or guidance documents

North Carolina has evidence (bulleted items below) of each of the following recommended best practices in policy, regulation or guidance documents. Generally, the source for each of the items is North Carolina Gen. Stat.§115C-391.1 (see http://www.ncga.state.nc.us/EnactedLegislation/Statutes/HTML/BySection/Chapter_115C/GS_115C-391.1.html). The guidance documents (described above) detail reporting procedures and training given to LEA personnel.

• 
  Clear definitions of relevant terms such as “seclusion” and “restraint” and “emergency”
  

“Seclusion” means the confinement of a student alone in an enclosed space from which the student is:

a. Physically prevented from leaving by locking hardware or other means.

b. Not capable of leaving due to physical or intellectual incapacity.

“Mechanical restraint” means the use of any device or material attached or adjacent to a student’s body that restricts freedom of movement or normal access to any portion of the student’s body and that the student cannot easily remove.

“Physical restraint” means the use of physical force to restrict the free movement of all or a portion of a student’s body.

• 
  Clear limitations on what seclusion and restraint techniques specifically are limited or not allowed
  

“Aversive procedure” means a systematic physical or sensory intervention program for modifying the behavior of a student with a disability which causes or reasonably may be expected to cause one or more of the following:

a. Significant physical harm, such as tissue damage, physical illness, or death.

b. Serious, foreseeable long-term psychological impairment.

c. Obvious repulsion on the part of observers who cannot reconcile extreme procedures with acceptable, standard practice, for example: electric shock applied to the body; extremely loud auditory stimuli; forcible introduction of foul substances to the mouth, eyes, ears, nose, or skin; placement in a tub of cold water or shower; slapping, pinching, hitting, or pulling hair; blindfolding or other forms of visual blocking; unreasonable withholding of meals; eating one’s own vomit; or denial of reasonable access to toileting facilities.

(h) Aversive Procedures.—The use of aversive procedures as defined in this section is prohibited in public schools.

• 
  Specifies when seclusion and restraint techniques may be used (for example, that seclusion and restraint only be used as a physical safety procedure, or if permitted as “treatment” or “behavioral intervention” in limited circumstances, the circumstances under which this is permitted)
  

(1) Physical restraint of students by school personnel shall be considered a reasonable use of force when used in the following circumstances:

a. As reasonably needed to obtain possession of a weapon or other dangerous objects on a person or within the control of a person.

b. As reasonably needed to maintain order or prevent or break up a fight.

c. As reasonably needed for self defense.

d. As reasonably needed to ensure the safety of any student, school employee, volunteer, or other person present, to teach a skill, to calm or comfort a student, or to prevent self injurious behavior.

e. As reasonably needed to escort a student safely from one area to another.

f. If used as provided for in a student's IEP or Section 504 plan or behavior intervention plan.

g. As reasonably needed to prevent imminent destruction to school or another person's property.

(2) Except as set forth in subdivision (1) of this subsection, physical restraint of students shall not be considered a reasonable use of force, and its use is prohibited.

(3) Physical restraint shall not be considered a reasonable use of force when used solely as a disciplinary consequence.

(4) Nothing in this subsection shall be construed to prevent the use of force by law enforcement officers in the lawful exercise of their law enforcement duties.

Mechanical Restraint:

(1) Mechanical restraint of students by school personnel is permissible only in the following circumstances:

a. When properly used as an assistive technology device included in the student's IEP or Section 504 plan or behavior intervention plan or as otherwise prescribed for the student by a medical or related service provider.

b. When using seat belts or other safety restraints to secure students during transportation.

c. As reasonably needed to obtain possession of a weapon or other dangerous objects on a person or within the control of a person.

d. As reasonably needed for self defense.

e. As reasonably needed to ensure the safety of any student, school employee, volunteer, or other person present.

(2) Except as set forth in subdivision (1) of this subsection, mechanical restraint, including the tying, taping, or strapping down of a student, shall not be considered a reasonable use of force, and its use is prohibited.

(3) Nothing in this subsection shall be construed to prevent the use of mechanical restraint devices such as handcuffs by law enforcement officers in the lawful exercise of their law enforcement duties.

Seclusion:

(1) Seclusion of students by school personnel may be used in the following circumstances:

a. As reasonably needed to respond to a person in control of a weapon or other dangerous object.

b. As reasonably needed to maintain order or prevent or break up a fight.

c. As reasonably needed for self defense.

d. As reasonably needed when a student's behavior poses a threat of imminent physical harm to self or others or imminent substantial destruction of school or another person's property.

e. When used as specified in the student's IEP, Section 504 plan, or behavior intervention plan; and

1. The student is monitored while in seclusion by an adult in close proximity who is able to see and hear the student at all times.

2. The student is released from seclusion upon cessation of the behaviors that led to the seclusion or as otherwise specified in the student's IEP or Section 504 plan.

3. The space in which the student is confined has been approved for such use by the local education agency.

4. The space is appropriately lighted.

5. The space is appropriately ventilated and heated or cooled.

6. The space is free of objects that unreasonably expose the student or others to harm.

(2) Except as set forth in subdivision (1) of this subsection, the use of seclusion is not considered reasonable force, and its use is not permitted.

(3) Seclusion shall not be considered a reasonable use of force when used solely as a disciplinary consequence.

• 
  If seclusion and restraint techniques are permitted as behavioral interventions, the SEA addresses these interventions in the context of behavioral intervention plans
  

(1) Physical restraint of students by school personnel shall be considered a reasonable use of force when used in the following circumstances:

f. If used as provided for in a student's IEP or Section 504 plan or behavior intervention plan.

• 
  Ensures that the use of these interventions is fully documented in a form accessible to parents when requested
  

(j) Notice, Reporting, and Documentation.

(1) Notice of procedures.—Each local board of education shall provide copies of this section and all local board policies developed to implement this section to school personnel and parents or guardians at the beginning of each school year.

(2) Notice of specified incidents:

a. School personnel shall promptly notify the principal or principal's designee of:

1. Any use of aversive procedures.

2. Any prohibited use of mechanical restraint.

3. Any use of physical restraint resulting in observable physical injury to a student.

4. Any prohibited use of seclusion or seclusion that exceeds 10 minutes or the amount of time specified on a student's behavior intervention plan.

b. When a principal or principal's designee has personal knowledge or actual notice of any of the events described in this subdivision, the principal or principal's designee shall promptly notify the student's parent or guardian and will provide the name of a school employee the parent or guardian can contact regarding the incident.

(3) As used in subdivision (2) of this subsection, “promptly notify” means by the end of the workday during which the incident occurred when reasonably possible, but in no event later than the end of following workday.

(4) The parent or guardian of the student shall be provided with a written incident report for any incident reported under this section within a reasonable period of time, but in no event later than 30 days after the incident. The written incident report shall include:

a. The date, time of day, location, duration, and description of the incident and interventions.

b. The events or events that led up to the incident.

c. The nature and extent of any injury to the student.

d. The name of a school employee the parent or guardian can contact regarding the incident.

• 
  Provides for the collection of data on the impermissible use of seclusions and restraints or incidences resulting in injury, so that information is maintained on a statewide as well as local basis.
  

(see GS 115-C-47(45))

(see http://www.ncga.state.nc.us/EnactedLegislation/Statutes/HTML/BySection/Chapter_115C/GS_115C-47.html)

• 
  Publicizes 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
  

(j) Notice, Reporting, and Documentation.

(1) Notice of procedures.—Each local board of education shall provide copies of this section and all local board policies developed to implement this section to school personnel and parents or guardians at the beginning of each school year.

• 
  Provides a mechanism to report any potential abuses
  

(5) No local board of education or employee of a local board of education shall discharge, threaten, or otherwise retaliate against another employee of the board regarding that employee's compensation, terms, conditions, location, or privileges of employment because the employee makes a report alleging a prohibited use of physical restraint, mechanical restraint, aversive procedure, or seclusion, unless the employee knew or should have known that the report was false.

Future Plans

North Carolina does not have any plans to further develop or revise laws, regulations, policies, and guidance that affect the use of seclusion and restraint.

Additional Information

2010 will be the first year that districts will actually report incidents to the SEA. Data collected in 2009 will be reported in 2010. Prior to this time the SEA has provided significant technical assistance to assist the LEAs in understanding the law and its requirements.

Building code requirements for spaces that could be used for seclusion:

(see http://www.ncga.state.nc.us/EnactedLegislation/Statutes/HTML/BySection/Chapter_143/GS_143-138.html)