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 Dakota

1. Statutes/laws: North Dakota Century Code

1. 
   NDCC Chapter 15.1-19 Students and Safety
   
   1. 
      Section 15.1-02 Corporal punishment—Prohibition
      
2. 
   NDCC Chapter 25-01.2 Developmental Disability
   
   1. 
      Section 25-01.2-01 Definitions
      
   2. 
      Section 25-01.2-09 Punishment—Isolation—Physical restraints—Psychosurgery—Sterilization—Shock treatment.
      
   3. 
      Section 25-01.2-10 Seclusion or physical restraint—Facility administrator to be notified.
      
3. 
   NDCC Chapter 25-01.3—Committee on Protection and Advocacy
   
   1. 
      Section 25-01.3-01 Definitions
      

2. Policy

1. 
   Policy is developed by local districts.
   

3. Regulations

1. 
   No specific regulation documents.
   

4. Guidance

1. 
   Districts base development of policy on guidance from North Dakota Association of School Boards.
   

North Dakota Department of Public Instruction is not requesting additional technical assistance relative to this issue at this time.

Ohio

State Policies

Prior to July 2009, the majority of regulation on the use of seclusion and restraint was found in laws and policies related to health and human services. In each example below, seclusion and restraint are allowable under a specific set of guidelines.

• 
  Ohio Revised Code
  
  • 
    Title 51, Public Welfare, Department of Mental Health
    
• 
  Ohio Administrative Code
  
  • 
    Chapter 5112, Department of Mental Health—Administration and Director
    

However, two recent key developments have moved Ohio steps closer to statewide central policies.

H.B. 1 (enacted July 22, 2009): H.B. 1 included a provision that bans corporal punishment in public and nonpublic schools. Prior to this legislation, corporal punishment prohibited unless a local board policy provided allowances for the use. H.B. 1 removed the local control provision and instituted a statewide ban on corporal punishment.

Executive Order 2009-13S (effective August 3, 2009): Executive Order 2009-13S included provisions that impact restraint policies and procedures for seven Ohio state agencies, including the Ohio Department of Education. Agencies were directed to “immediate adopt” the policy within EO 2009-13S, but had the option to incorporate it into existing policies as long as they did not conflict with the executive order.

The Policy on the Use of Prone Restraint, Transitional Hold, and Other Types of Physical Restraint includes the following:

1. 
   A statewide ban on the use of prone restraint (physical and mechanical)
   
2. 
   The allowable use of transitional hold, only as determined by department-specific policy and when all of the following conditions apply:
   
   1. 
      “Transitional hold my be applied only by staff with current training on the safe use of this procedure, including how to recognize and respond to signs of distress in the individual;
      
   2. 
      “Transitional hold by be applied only in a manner that does not compromise breathing, including the compromise that occurs with the use of: (1) pressure or weight bearing on the back; (2) soft devices such as pillows under an individual’s face or upper body; or (3) the placing of an individual’s or staff’s arms under the individual’s head, face, or upper body;
      
   3. 
      “Transitional hold may be applied only for the reasonable amount of time necessary to safely bring the person or situation under control and to ensure the safety of the individuals involved; and
      
   4. 
      “Transitional hold may be applied only with consistent and frequent monitoring during and after the intervention with every intent to assure that the person is safe and suffers no harm.”
      
3. 
   The allowable use of other physical restraints at secure facilities when:
   
   1. 
      There is a risk of escape or harm to self or others
      
   2. 
      It is being applied by trained staff
      
   3. 
      It is being applied with the guidelines within each department’s policies.
      

In addition to the policy, Executive Order 2009-13S also established the Ohio Policy Committee on Restraint and Seclusion. This committee will include members from 14 Ohio departments and is charged with developing a single, statewide policy on the use of seclusion and restraint.

Ohio Education Policy

Type	Laws (Executive Office, Ohio Revised Code)	Policies (Ohio Administrative Code)	Regulations (Ohio Department of Education)	Guidance (Ohio Department of Education)
Seclusion	No specific mention
Restraint	Prone restraint ban Transitional hold allowable certain conditions Other physical restraints allowable at secure facilities (EO 2009-13S)		EO directed ODE to incorporate restraint policy
Corporal Punishment	Prohibited (ORC§3319.41)