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)

C. New Rhode Island Discipline Procedures and Requirements for
All Students Under IDEA

New Rhode Island Discipline Procedures and Requirements for all students under IDEA (2004) and RI Legislation effective July 1, 2005, also provided guidance on school removals for students in general education and in actions for violations of code of student conduct and best practices related to these issues.

D. Resources

Annual Physical Restraint Reporting Forms are online, as are Required Incident Report forms for schools. They are found on the Rhode Island Technical Assistance Project at Rhode Island College’s link on the www.ride.ri.gov Web site.

South Carolina

Government Accounting Office Report	State Web Site Search	Additional Information Provided by SEA Staff	SEA Plans to Develop, Review, or Revise Statutes, Policies, or Guidelines (Yes/No)
None	February 6, 2009, meeting of S.C. Advisory Council on the Education of Students with Disabilities included Dr. Joe Ryan speaking on the importance of schools establishing timeout/restraint policies. SC Code of Regulation contains guidance on restraints for children and adolescents in residential treatment facilities (SC-ADC 61-103). Facilities are required to maintain written policies and procedures regarding restraint and seclusion as well as provide training for staff.	The school safety/mental health committee of the South Carolina Advisory Council on the Education of Students with Disabilities (Advisory Council) has written two position papers with recommendations regarding seclusion and restraint. Those papers have been shared with our new Office of Exceptional Children (OEC) director, Marlene Metts. After her review, they will submitted by the Advisory Council to Dr. Rex, state superintendent, for further review before dissemination.	Yes. Mike Paget, education associate, Office of Exceptional Children (OEC), chaired a workgroup in the South Carolina Department of Education (SCDE) to make specific recommendations regarding seclusion and restraint for the state as a whole to adopt. As of Dec. 4, 2009, a team including general and special education department personnel, protection and advocacy staff, parent center representatives, and higher education staff has completed a draft document. The draft guidelines will be reviewed by SCDE key personnel. Feedback will then be solicited from a field review team including LEA reps, parent organizations, higher ed, experienced crisis prevention institute trainers, and state agencies that deal with the needs of children and youth. At the conclusion of all reviews, final changes will be made and the guidelines will be released to all LEAs. The release will emanate from the general education offices of the department because the guidelines apply to all students, including those with disabilities. Concurrently, Protection and Advocacy (P&A), the Center for Disability Resources and the SC Developmental Disabilities Council recently conducted a survey with school districts to determine how many districts had written policies regarding seclusion and restraint, the nature of those policies, etc. The results released in mid December, 2009, will, along with the guidelines, be used to drive future decisions about seclusion and restraint actions. Advocates see a need to push for state regulations. No assistance requested at this time.

South Dakota

Statutes/laws

13-32-1 Disciplinary authority over students on school premises
http://legis.state.sd.us/statutes/DisplayStatute.aspx?Type=Statute&Statute=13-32-1

13-32-2 Physical force authorized when reasonable and necessary
http://legis.state.sd.us/statutes/DisplayStatute.aspx?Type=Statute&Statute=13-32-2

Statutes, 13-32-1 and 13-32-2 give school personnel disciplinary authority and permits reasonable use of physical force. These policies are the only ones that apply to this topic.

At this time, South Dakota does not plan to make any statutory changes, but is considering possible methods to better educate teachers and administrators. South Dakota would appreciate any information along this line.

Tennessee

Current Statutes, Regulations, Policies and/or Guidance

Tennessee has one act, a rule (recently revised and passed July 31, 2009) and guidelines on seclusion and restraint. Detailed information for each area is described below.

Statutes

Tennessee has in place the Special Education Isolation and Restraint Modernization and Positive Behavioral Supports Act. The following paragraphs are an annotation from this Act, Tennessee Code 49-10-1301 to 1306.

The Tennessee Legislature passed the 2008 Public Chapter 1063, the Special Education Isolation and Restraint Modernization and Positive Behavioral Supports Act, to prevent any special education student from any unreasonable, unsafe, and unwarranted use of isolation and restraint practices. The act was to (1) ensure that special education students would be free from the unreasonable, unsafe and unwarranted uses of isolation and restraint, (2) encourage the use of positive behavior interventions and support methods in schools, and (3) ensure the proper training of staff in positive behavioral support as well as strategies to protect the student, teacher, and others from physical harm if isolation or restraint is necessary.

The act defines chemical restraint, isolation or seclusion, mechanical restraint, noxious substance, physical holding restraint, and school personnel. The act contains a section on reports and records, which explains that a special education student may be restrained or isolated only if the IEP includes its use or it is an emergency situation required to assure the safety of the student or others. Procedures are outlined for reporting an incidence of restraint or isolation, for reporting a suspected crime, and for convening an IEP meeting as a result of restraint or isolation. The act requires that school personnel remain with and continuously observe a student who is in isolation or being restrained.

A section on restrictions prohibits the following: (1) administering a chemical restraint, except when administered for therapeutic purposes under direction of physician and with parent/guardian consent; (2) mechanical restraint; (3) life-threatening restraint including that restricts the flow of air into the lungs; (4) isolation or restraint as a means of coercion, punishment, convenience, or retaliation; (5) use of a locked door or other structure that locks a student in and isolates the student. This section lists the following use of physical holding restraint as not being prohibited: (1) brief holding to calm or comfort, (2) minimum contact to escort a student to another area, (3) assisting a student in completing a task, (4) brief holding of a student to prevent impulsive behavior that threatens the student’s safety. These listed circumstances do not require parent or guardian notification. School personnel are allowed to take actions to break up a fight or take a weapon from a student, and these acts shall be reported.

The act required that the Tennessee State Board of Education, in connection with other agencies, promulgate rules and regulations concerning the use of isolation and restraint with special education students.

Tennessee Code Annotated 49-10-1301 to 1306 (Education; Special Education; Special Education Isolation and Restraint Modernization and Positive Behavioral Supports Act can be found at the following Web site http://www.michie.com/tennessee/lpext.dll?f=templates&fn=main-h.htm&cp=tncode.)

Regulations

The Tennessee State Board of Education presented a draft, requested comments, prepared a second draft, held hearings to get additional comments, and then developed the final draft. This proposed rule revision passed the State Board of Education on final reading on July 31, 2009. On that date, the Tennessee State Board of Education—Rule 0520-1-9 Special Education Programs and Services was amended with the addition of 0520-01-09-.23 Isolation and Restraint for Students Receiving Special Education Services. The amendment includes definitions for the following: emergency situation, extended isolation, extended restraint, isolation room, and noxious substance. The amendment authorizes LEAs to develop and implement training programs that include the use of positive behavioral interventions and supports, nonviolent crisis prevention and de-escalation, safe administration of isolation and restraint, and documentation and reporting requirements. LEAs are also authorized to determine an appropriate level of training required for school personnel, depending on their job description and responsibilities. LEAs are required to develop policies and procedures related to personnel authorized to use isolation and restraint, training requirements, and incident reporting procedures. The use of isolation or restraint may be authorized only by the principal or the principal’s designee.

In connection to an IEP meeting, if the use of restraint or isolation is considered, parents/guardians must be advised of the provisions of Tennessee Code Annotated 49-10-1301, et seq., this rule, and the IDEA procedural safeguards. An IEP meeting convened pursuant to Tennessee Code Annotated 49 10 1304(b) may be conducted on at least 24 hours notice to parents. The amendment also lists several requirements pertaining to the isolation and restraint of children being provided services within a residential therapeutic setting.

Information on the proposed rule revision along with comments from the public hearing are on the Web site for the Tennessee State Board of Education at http://www.state.tn.us/sbe/2009Julypdfs/IV%20L%20Isolation%20or%20Restraint%20for%20Students%20Receiving%20Special%20Ed%20Rules%20Cover%20Sheet%20&%20Rule.pdf. The Web site explains the status of the amendment with the following statement: “The following rule changes were approved by the Board July 31, 2009. Following review by the Attorney General and filing with the Secretary of State, the revised rules will become effective 105 days after publication in the Tennessee Administrative Register, absent a stay of the effective date by the Government Operations Committee.”

Guidance

The Tennessee Department of Education has developed “Guidelines for Isolation and Restraint of Children with Disabilities by School Personnel.” These guidelines were in force prior to the amendment 0520-1-9 to the Rule 0520-01-09-.23.

The Master Plan Connection section of the amendment 0520-1-9 to the Rule 0520-01-09-.23 states, “This item provides sufficient resources, in the form of guidance, to help effective leaders and effective teachers determine when physical restraint is appropriate and how it should be administered to keep children from harming themselves or others.”