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FEDERAL AND STATE REQUIREMENTS | |
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It is the policy of this state to treat with dignity and respect all children, including children with disabilities who receive special education services.
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Any behavior management technique and/or discipline management practice must be implemented in such a way as to protect the health and safety of a child and others. No discipline management practice may be calculated to inflict injury, cause harm, demean, or deprive a child of basic human necessities.
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APPLICABILITY
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This framework applies to all school employees, volunteers, and independent contractors.
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This framework applies to a peace officer only if the peace officer:
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However, the data reporting requirements in this framework apply to the use of restraint by any peace officer performing law enforcement duties on school property or during a school-sponsored or school-related activity.
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This framework does not apply to juvenile probation, detention, or corrections personnel; or an educational services provider with whom the child is placed by a judicial authority, unless the services are provided in an educational program of a school district.
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PROHIBITED AVERSIVE
TECHNIQUES
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Aversive technique means a technique or intervention that is
intended to reduce the likelihood of a behavior reoccurring by intentionally
inflicting on a child significant physical or emotional discomfort or pain. The
term includes a technique or intervention that:
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A school district or school district employee or volunteer or an independent contractor of a school district may not apply an aversive technique, or by authorization, order, or consent, cause an aversive technique to be applied, to a child.
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CONFINEMENT
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A child with a disability, who receives special education services, must not be confined in a locked box, locked closet, or other specially-designed locked space as either a discipline management practice or a behavior management technique.
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This section does not prevent a child's locked, unattended confinement in an emergency situation while awaiting the arrival of law enforcement personnel if:
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RESTRAINT
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Restraint means the use of physical force or a mechanical device to significantly restrict the free movement of all or a portion of a child's body.
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Emergency means a situation in which a child's behavior poses a threat of imminent, serious:
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A school employee, volunteer, or independent contractor may use restraint only in an emergency and with the following limitations:
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Training for school employees, volunteers, or independent contractors must be provided according to the following requirements:
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The following documentation requirements must be met in a case in which restraint is used by school employees, volunteers, or independent contractors:
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For children who are homeless or in substitute care, the local educational agency must also provide notice to a child's educational decision-maker and caseworker regarding reports of restraint.
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Cumulative data regarding the use of restraint by school employees, volunteers, independent contractors, and by peace officers must be electronically reported through the Public Education Information Management System.
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TIME-OUT
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Time-out means a behavior management technique in which, to provide a child with an opportunity to regain self-control, the child is separated from other children for a limited period in a setting:
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A school employee, volunteer, or independent contractor may use time-out with the following limitations:
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Training for school employees, volunteers, or independent contractors must be provided according to the following requirements:
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Necessary documentation or data collection regarding the use of time-out, if any, must be addressed in the IEP or BIP. The ARD committee must use any collected data to judge the effectiveness of the intervention and provide a basis for making determinations regarding its continued use.
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