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)

USOE Special Education Rules

lll.l. Development, Review, and Revision of the IEP (§300.324)

b. The IEP team, in conducting a meeting to develop, review and, if appropriate, revise a student’s IEP, must consider the following special factors:

(5) in the case of a student whose behavior impedes the student’s learning or that of others, consider the use of positive behavioral interventions and supports, and other strategies, to address that behavior.

(a) When making decisions on behavioral interventions, the IEP team must refer to the USOE Special Education Least Restrictive Behavior Interventions (LRBI) Guidelines for information on research-based intervention procedures.

(b) The purpose of the LRBI Guidelines related to the use of positive behavioral supports and behavioral interventions in schools is to:

(A) Protect the safety and well being of students with disabilities;

(B) Provide protection for students, teachers, other school personnel, LEAs, and the USOE; and

(C) Ensure that parents are involved in the consideration and selection of behavior interventions to be used with their students.

(c) When an emergency situation occurs that requires the immediate use of moderately or highly intrusive interventions to protect the student or others from harm, the staff shall complete and submit the emergency contact information to the LEA and notify the student’s parents with 24 hours.

(d) As appropriate, the student should receive a functional behavioral assessment and behavior intervention services and modifications that are designed to address the behavior (§300.530(d)(1)(ii)).

USOE Special Education Least Restrictive Behavior Interventions (LRBI) Guidelines)

Regulations Specific to Seclusion Rooms:

Utah Health Department Rules

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  Rule R3922-200-5. Sanitary Facilities and Controls.
  
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  Rule R392-200-6. Construction and Maintenance of Physical Facilities.
  
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  R3922-200-5.1.D.1.J. Walls, floors, and ceilings shall be light colored, smooth, non-absorbent, easily cleanable, and shall be kept clean and maintained in good repair.
  
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  R392-200-6.A.1. Construction shall be of sound construction with floors, walls, and ceilings constructed of nonporous, cleanable material and shall be maintained in good condition.
  

Utah Fire Marshal Rules

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  R710. Public Safety, Fire Marshal.
  
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  R710-4. Buildings Under the Jurisdiction of the State Fire Prevention Board.
  
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  3.12 Time Out and Seclusion Rooms
  
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  3.12.1. Time Out and Seclusion Rooms are allowed in occupancies fully protected by an automatic fire sprinkler system and fire alarm system.
  
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  3.12.2. A vision panel shall be provided in the room door for observation purposes.
  
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  3.12.3. Time Out and Seclusion Room doors may not be fitted with a lock. Unless it is a self-releasing latch that releases automatically if not physically held in the locked position by an individual on the outside of the door.
  
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  3.12.4. Time Out and Seclusion Rooms shall be located where a responsible adult can maintain visual monitoring of the person and room.
  

(Attachment 4 & 5: USOE Best Practice Guidelines on the Construction of Seclusion Rooms & Blueprints)

An instructional package has been developed by USOE with regard to time-out procedures both exclusionary and seclusionary. These materials are available to all LEA’s within the state on request. If it is determined to be helpful with regard to the response for Secretary Duncan’s request, the instructional package can be provided through the mail.

Positive Behavioral Interventions and Supports in Utah:

Utah’s Academic, Behavior & Coaching Initiative (ABC-UBI) is a set of personnel development activities sponsored by the Utah State Office of Education, the Utah Personnel Development Center and the Utah State Personnel Development Improvement Grant. ABC-UBI is committed to the implementation of Positive Behavioral Interventions and Supports (PBIS) and effective behavioral support systems in Utah schools. Adhering to behavioral research, ABC-UBI follows a schoolwide model of prevention of problem behaviors and support of positive behaviors. The training activities under ABC-UBI have taken place within Utah school systems for the past seven years. For further information please refer to www.updc.org/abc .

State of Utah House Bills 286 S2 & 212 (Current charges reflect)

R277. Education, Administration.

R277—609. Standards for School District, School and Charter School Discipline Plans

R277-609-2.B. The purpose of this rule is to define bullying and outline requirements for school discipline plans and policies which school districts and charter schools shall meet to qualify for funding.

R277-609-2. Authority and Purpose

Section 53A-11-901 which directs local school boards and charter school governing boards to adopt conduct and discipline policies and directs the Board to develop model policies to assist local school boards and charter school governing boards.

R277-609-3. School District, School and Charter School

Responsibility to Develop Plans

A. Each school district, or school and each charter school shall develop and implement a board approved comprehensive school district, school or charter school plan or policy for student and classroom management, and school discipline. The plan shall include:

(1) the definitions of Section 53A-11-910;

(2) written standards for student behavior expectations, including school and classroom management;

(3) effective instructional practices for teaching student expectations, including: self-discipline, citizenship, civic skills, and social skills;

(4) systematic methods for reinforcement of expected behaviors and uniform methods for correction of student behavior;

(5) uniform methods for at least annual school level data-base evaluations of efficiency and effectiveness;

(6) an ongoing staff development program related to development of student behavior expectations, effective instructional practices for teaching and reinforcing behavior expectations, effective intervention strategies, and effective strategies for evaluation of the efficiency and effectiveness of interventions;

(7) policies and procedures relating to the use and abuse of alcohol and controlled substances by students;

(8) policies to define, prohibit, and intervene in bullying, including the requirement of awareness and intervention strategies, including training for social skills, for students and school staff.

The policies shall:

(a) provide for training specific to overt aggression that may include physical fighting such as punching, shoving, kicking, and verbal threatening behavior, such as name calling, or both physical and verbal aggression or threatening behavior;

(b) provide for training specific to relational aggression or indirect, covert, or social aggression, including rumor spreading, intimidation, enlisting a friend to assault a child, and social isolation;

(c) provide for training specific to cyber bullying, including use of email, web pages, text messaging, instant messaging, three-way calling or messaging or any other electronic means for aggression inside or outside of school;

(d) provide for student assessment of the prevalence of bullying in school districts, schools and charter schools, specifically locations where students are unsafe and additional adult supervision may be required, such as playgrounds, hallways, and lunch areas;

(e) complement existing safe and drug free school policies and school harassment and hazing policies;

(f) include strategies for providing students and staff, including aides, custodians, kitchen and lunchroom workers, secretaries, paraprofessionals, and coaches, with awareness and intervention skills such as social skills training;

(g) direct schools to determine the range of behaviors and establish the continuum of administrative procedures that may be used by school personnel to address the behavior of habitually disruptive students;

(h) provide for identification, by position(s), of individual(s) designated to issue notices of disruptive student behavior;

(i) provide for documentation of disruptive student behavior

([g]j) include strategies to provide for necessary adult supervision;

([h]k) be clearly written and consistently enforced; and

([g]l) include administration, instruction and support staff, students, parents, community council and other community members in policy development, training and prevention implementation so as to create a community sense of participation, ownership, support and responsibility.

R277-609-4. Implementation

A. School districts, schools and charter schools shall implement strategies and policies consistent with their plans.

B. School districts, schools and charter schools shall develop, use and monitor a continuum of intervention strategies to assist students whose behavior in school falls repeatedly short of reasonable expectations, including teaching student behavior expectations, reinforcing student behavior expectations, reteaching behavior expectations, followed by effective, evidence based interventions matched to student needs prior to administrative referral.

C. As part of any suspension or expulsion process that results in court involvement, once a school district, school or charter school receives information from the courts that disruptive student behavior will result in court action, the school district, school or charter school shall provide a formal written assessment of habitually disruptive students. Assessment information shall be used to connect parents and students with supportive school and community resources.

D. Nothing in state law or this rule restricts local districts/charter schools from implementing policies to allow for suspension of students of any age consistent with due process and with all requirements of Individuals with Disabilities Education Act 2004.

R277-609-5. Parent/Guardian Notification and Court Referral

A. Through school administrative and juvenile court referral consequences, school district, and school and charter school policies shall provide procedures for qualifying minors and their parents to participate in decisions regarding consequences for disruptive student behavior.

B. Policies shall provide for notice to parents, information about resources available to assist parents in resolving school-age minors’ disruptive behavior.

C. Policies shall provide for notices of disruptive behavior to be issued by schools to qualifying minor(s) and parent(s) consistent with:

(1) numbers of disruptions and timelines in accordance with Sections 53A-11-901 (3) and (5);

(2) school resources available; and

(3) cooperation from the appropriate juvenile court in accessing student school records, including attendance, grades, behavioral reports and other available student school data.

D. Policies shall provide due process procedures for minors and parents to contest allegations and citations of disruptive student behavior.

R277-609-6 USOE Model Policies

The USOE shall develop, review regularly, and provide to local school boards and charter school governing boards model policies to address disruptive student behavior and appropriate consequences.