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)

American Samoa

American Samoa Department of Education (ASDOE) does not have specific policies, laws, regulations or guidelines on the subject of student seclusion and restraints. The ASDOE Special Education Division follows the U.S. Department of Education special education laws on handling students with problems.

ASDOE has a policy handbook that is outdated and has not been used for over 10 years. Each school has its own policy on how to deal with students who misbehave. There is no written consensus across schools. However, schools tend to follow the same practice: When a student misbehaves in a way that is unacceptable in the classroom, the student is sent to the office. At the office, an administrator (principal, vice-principal, counselor, or a drug-free program specialist) would deal with the problem by counseling the student. If the problem occurs three times with the same student, the parents are called in. For extreme cases (e.g., the use of alcohol and drugs, fighting, abusive or disruptive behavior), the parents, police and social service staff members are involved.

All schools (elementary and high school) have a safe and drug-free program.

The safe and drug-free schools and communities program assist schools with students’ behavioral problems. They have in place a student referral form and are using the American Samoa laws on compulsory attendance, illegal drugs and conducting student searches under the law.

Arizona

Arizona is one of 19 states that does not have any statutory requirements regarding the use of restraints and seclusion practices in schools. Guidance is provided through task force recommendations.

Arizona SB 1197 was passed in 2009 and established a nine-member Task Force on Best Practices in Special Education and Behavior Management to examine, evaluate and make recommendations concerning the best practices for managing the behavior and discipline of pupils with disabilities. Task force members are appointed by the State Board of Education, and the group will submit a written report of its findings to the governor and Legislature by August 20, 2009. The bill requires each school district governing board and charter school governing body to hold a public meeting to review and consider the adoption of the best practice recommendations by June 30, 2010.

The governing board or governing body is not required to adopt the recommendations and may choose to modify the recommendations to accommodate the needs of the school district or charter school. The bill repeals the task force on September 15, 2010.

Arkansas

The Arkansas Department of Education (ADE) developed rules and regulations on seclusion of special education students several years ago. The title of the policy is “Time-Out Seclusion Room.” The rules and regulations on “Time-Out Seclusion Room” from ADE Special Education and Related Services policies are reproduced below beginning with section 20.00.

At the present time, ADE has not adopted a policy on the use of restraint. However, a policy on the use of restraint is available through the Arkansas Juvenile Justice code, at Arkansas Code Annotated 9-27-303(3)(C)(ii). The applicability of this policy to educational settings is the subject of discussion and may result in a specific policy on the use of restraint being developed by ADE, as noted below.

Plans for Further Development

An ADE committee has been convened to review the current state statute addressing restraint to determine whether it is sufficient in its application to educational settings. If it is determined to be insufficient, the existing statute, as well as other input, will be used for guidance in developing appropriate statutes, rules and/or another policy on student restraint applicable to educational settings. If additional statutory authority is necessary to develop and implement ADE policy on the use of restraint, then the necessary legislation will be proposed to the Arkansas General Assembly at the first opportunity available to ADE. Also, the existing special education rules on the use of time-out seclusion will be reviewed, updated as necessary and expanded to include all educational settings, not just special education environments.

Documentation

ARKANSAS DEPARTMENT OF EDUCATION

SPECIAL EDUCATION AND RELATED SERVICES

20.00 TIME-OUT SECLUSION ROOM

20.01 GENERAL

20.01.1 The time-out seclusion room is an extension of such techniques as turning a chair away from a group or placing a student in a corner or in the hallway.

20.01.2 Time-out is only effective if the classroom environment from which the student is removed is more reinforcing than the isolation area in which he is placed.

20.02 DEFINITION

20.02.1 Time-out. As used in these regulations, time-out is defined as the removal of the opportunity to engage in reinforced behavior.

20.03 RESTRICTIONS ON THE USE OF A TIME-OUT SECLUSION ROOM

20.03.1 Time-out seclusion should be used only for behaviors that are destructive to property, aggressive toward others or severely disruptive to the class environment. General noncompliance, self stimulation, academic refusal, etc., can be responded to with less stringent and restrictive techniques.

20.03.2 The time-out seclusion room should be used only as a last resort if and when less restrictive means of controlling behavior have proven ineffective.

20.03.3 The necessity of using physical force to place a student in a timeout seclusion room is inappropriate beyond that reasonably managed by the classroom teacher.

20.03.3.1 Involuntary time-out must not be used with such students and, in general, time-out is not an appropriate intervention for classroom use with any students older than 12 unless they have made a contractual agreement for its use.

20.03.3.2 It is important that teachers realistically evaluate their ability to physically remove a student to the time-out room.

20.03.3.3 If there is a reasonable doubt concerning the capability of the teacher to physically remove the resistant student, the teacher should not begin to attempt the time-out procedure. In such a case, an alternative strategy should be implemented.

20.03.4 Time-out seclusion rooms must meet structural guidelines and provide for continuous monitoring, visually and auditorily, of the student’s behavior by an adult. (Refer to § 20.04.9 of this part for structural guidelines.)

20.04 GUIDELINES FOR APPROPRIATE USE OF A TIME-OUT SECLUSION ROOM

20.04.1 The teacher or behavioral specialist should have documentation that milder forms of time-out or other reduction techniques have proven ineffective in suppressing the inappropriate behavior.

20.04.2 The use of seclusion time-out and the behaviors which will result in its use must be explicitly stated in the student’s IEP. Parent consent for the use of a time-out seclusion procedure should be documented.

20.04.3 Time-out must be paired with a behavioral plan to provide positive reinforcement for appropriate behaviors. This must also be included in the student’s IEP.

20.04.4 Written procedures must be developed and followed for each student whose IEP includes the use of time-out.

20.04.5 The following guidelines should be adhered to for effective use of the timeout seclusion room.

20.04.5.1 Avoid lengthy verbal explanations. Behaviors resulting in time-out should be clearly explained prior to implementing the time-out program. Explanations provided during use of time-out should be brief, but should adequately inform the student of his/her misbehavior, such as, “Because you _____________, you must go to time-out for ________minutes.” All other verbal interaction should be avoided.

20.04.5.2 To maximize opportunities to exercise self-control, students should be given the opportunity to take their own time-out after receiving instructions from the teacher. However, if students refuse to take their own time-out, or if they fail to respond to the teacher’s instructions within a reasonable time interval (5 to 10 seconds), the teacher should physically remove them to the time-out area. (Refer to § 20.03.3 of these regulations regarding physically removing the child to the time-out area.)

20.04.5.3 For high intensity behavior (e.g., kicking, screaming), the student should immediately be escorted to the time-out room.

20.04.6 Time Spent In Time-Out Seclusion Room

20.04.6.1 Length of time spent in the time-out seclusion room must be documented and kept within the specified time limits -

A. Preschool - no more than 5 minutes for each exclusion.

B. Lower elementary - no more than 15 minutes for each exclusion.

C. Middle/upper elementary - no more than 20 minutes for each exclusion.

20.04.6.2 At the end of the prescribed time, the student should be offered the opportunity to rejoin the class. If the student chooses to stay in time-out, the door must be left open at this time. When a student consistently chooses to stay in the time-out seclusion room beyond the prescribed time limit, the use of this procedure must be reviewed. The time-out room may be providing more reinforcement than the environment from which the student was removed.

20.04.6.3 Should there be a need for a time-out period to extend past the prescribed time limits, the appropriateness of continuing the time-out procedure should be evaluated immediately by knowledgeable professionals (i.e., principal, counselor, special education staff).

20.04.6.4 Careful consideration must be taken in extending the prescribed length of the time-out seclusion. The effectiveness of the time-out procedure is the result of its consistent use, rather than the length of stay in the timeout seclusion room.

20.04.7 Records Must Be Kept Of Each Occasion When Time-Out Seclusion Is Used. The Records Should Include -

20.04.7.1 The student’s name;

20.04.7.2 The behavior for which time-out is being used, as specified in the IEP; and

20.04.7.3 The time of day the student was placed in and released from time-out.

20.04.8 When the use of time-out seclusion is included in a student’s IEP, it is recommended that the use of time-out to address specific student behaviors be reviewed by a knowledgeable professional(s) twice monthly.

20.04.8.1 The use of the time-out seclusion procedure shall be altered or discontinued as a behavioral management technique if data do not support its effectiveness.

20.04.8.2 The continued and/or frequent need for this type of behavioral intervention could indicate that behavioral objectives, management techniques or other factors affecting the learning environment are not appropriately matched with the student’s needs and behaviors.

20.04.9 If A Time-Out Room Is To Be Employed, The Time-Out Room Should -

20.04.9.1 Be at least 4' X 4' and no larger than 6' X 6' in size;

20.04.9.2 Be properly lighted (preferably recessed lighting, with switches outside the room). Lighting should remain on at all times;

20.04.9.3 Be properly ventilated;

20.04.9.4 Be free of objects and fixtures;

20.04.9.5 Provide the means by which an adult can continuously monitor, visually and auditorily, the student’s behavior;

20.04.9.6 The door should be such that it cannot be locked; and

20.04.9.7 Meet state and county fire and safety codes.

20.04.10 In addition, it is necessary that all personnel involved in designing and implementing behavioral management procedures, including the use of timeout seclusion, be adequately trained and supervised. It is imperative that these persons have attained levels of skill and competency so that their qualifications correspond to their responsibilities.