Transcript Corporal Punishment Restraint Physical Confinement and

Amended Administrative Rules on
Corporal Punishment, Restraint, and
Physical Confinement and Detention
Iowa Department of Education
Amended Rules
• Rules on corporal punishment, restraint,
and physical confinement and detention
have changed
• Changes effective November 12, 2008
• Rules add a training requirement
Training Requirement
“All school employees, before using
physical restraint or physical confinement
and detention, shall receive adequate and
periodic training, which shall be
documented…”
Iowa Admin. Code r. 281-103.7 ¶ 2
Training Subjects
●Chapter 103 and the employer’s policies and
procedures
● Positive behavior interventions and supports
● Disciplinary options to seclusion & restraint
● Crisis prevention, crisis intervention, crisis deescalation techniques
● Student and staff debriefing
● Safe, effective use of restraint and confinement
and detention
Chapter 103’s Purpose [103.1]
• Provide guidance to employees of AEAs,
LEAs, and accredited nonpublic schools.
• Limits on physical contact with students
• Force used must be reasonable
• Provide guidance on physical restraint
• Provide guidance on use of “time-out”
rooms – the function, not the name,
determines the Chapter’s applicability
Ban on Corporal Punishment [103.2]
Banned: “An employee of a public school
district, accredited nonpublic school, or [AEA]
shall not inflict, or cause to be inflicted,
corporal punishment on a student.”
Defined: “The intentional physical punishment
of a student,” including “the use of
unreasonable or unnecessary physical force,
or physical contact made with the intent to
harm or cause pain.”
What Corporal Punishment Is Not [103.3]
• “Verbal recrimination or chastisement”
• Reasonable requests in physical education or
extracurricular athletics
• Actions consistent with an IEP, but an IEP
cannot violate the IDEA
• Detentions in a seat for reasonable periods,
unless (a) this counts as “physical confinement
and detention” or (b) “mechanical restraints” are
used
• Actions taken against nonstudents
Material Restraints [103.3]
● Material (mechanical) restraints may not
be used to confine or restrain students.
● This term does not include safety,
therapeutic, or medical devices, if used as
designed and prescribed.
● If a device is used improperly, that use
violates these rules.
Exceptions & Privileges [103.4]
No employee is forbidden from ...
1.
“Using reasonable and necessary force, not designed or intended
to cause pain” to accomplish …
● “Quell a disturbance” or stop an act that threatens harm
● Obtain a weapon or dangerous object from a student
● Self-defense or the defense of others
● Protection of property
● Remove a disruptive student from school, school property, or
school activities
● Protect a student from self-inflicted harm
● Protect the safety of others
Exceptions & Privileges [103.4]
No employee is forbidden from ...
2. “Using incidental, minor, or reasonable
physical contact to maintain order and control.”
Remember …
An employee may not use unreasonable
force to do any of the items in rule 103.4
What is “reasonable force”? [103.5]
Whether force is reasonable depends on the
facts of each case, considering 5 factors:
1. Size, physical, mental, psychological
condition of the student
2. Nature of behavior or misconduct
3. Instrumentality used to apply force
4. Extent of injury to student, if any
5. Employee’s motivation in using force
What is “reasonable force”? [103.5]
Remember …
“Reasonable physical force, privileged at its
inception, does not lose its privileged status by
reasons of an injury to the student, not
reasonably foreseeable or otherwise caused by
intervening acts of another, including the
student.”
Physical Confinement & Detention [103.6]
Defined: “confinement of a student in a
time-out room or some other enclosure,
whether within or outside the classroom,
from which the student’s egress is
restricted”
Not included: time-out at a desk, in a
corner, at the back of a class, in the
hall, afterschool detention, typical inschool suspension arrangements
Physical Confinement & Detention [103.6]
The room itself:
● Area of reasonable dimensions and free from
hazards, “considering the age, size, and
physical and mental condition of the student”
● Sufficient light and adequate ventilation
● Comfortable temperature, consistent with the
facility including the enclosure
Physical Confinement & Detention [103.6]
Time of confinement and detention
● Period of confinement and detention must be
“reasonable,” considering child’s age, condition
● Reasonable breaks for bodily needs (sleep does
not count)
● If period exceeds 60 minutes or typical class
period (whichever is shorter), staff must (a)
obtain administrator (or designee) approval and
(b) comply with directives and conditions on
continued confinement and detention.
Physical Confinement & Detention [103.6]
Additional requirements
● “Adequate and continuous adult supervision” is
mandatory.
● Material restraints must not be used to maintain
confinement and detention.
● If a locking mechanism is used, the mechanism must
comply with all building and fire codes and either
► operate only when held in place by an adult (Staff
shall not disable these mechanisms so they do not
require an adult to hold in place.) or release when
the building’s alarms sound
► open from the inside when lock is released
Additional Mandatory Minimum Procedures [103.7]
The rules are mandatory, but an agency may adopt
additional policies and procedures.
Required procedures include:
Use of restraint and confinement
Training on restraint and confinement
Parent notification
Documentation
Definition of Physical Restraint
The application of physical force by 1 or
more individuals that reduces or restricts
another individual’s ability to move his or
her arms, legs, or head freely. This does
not include the temporary holding of an
individual to assist with participation in
activities of daily living (ADLs) without the
risk of physical harm to an individual.
Welfare League of America (2002)
Use of Seclusion and Restraint
 Shall not be used as “discipline for minor
infractions”
 May “only be used if other disciplinary
techniques have been attempted,” if
reasonable
Note: need not use alternatives if not reasonable
 Period of restraint shall be reasonable and
necessary in duration
Restraint: Additional Provisions [103.8]
No employee shall use prone restraint.


Defined: “held face down”
If used in an emergency, staff must take
immediate steps to end the prone restraint.
No employee shall use any restraint that
obstructs a child’s airway.
If a child signs or uses an augmentative mode of
communication, the child must be allowed to
have hands free to communicate, unless harm
appears likely to result.
Remember, this rule does not alter any immunity
from lawsuit granted by statute.
Notice to Parents [103.7]
• Notice to parents annually
– of these rules
– of any additional policy and procedure
• Attempt to notify parents on the day of an
instance of restraint or confinement & detention
• Provide a written copy of documentation to parents
–
–
postmarked within three days of instance
parents may elect to receive documents by e-mail or fax
Documentation Required [103.7]
• Schools shall maintain documentation for
each instance of restraint or confinement.
• Purposes of documentation requirement
 Accurate record of each instance
 Required notice to parents
 Use for decision making (student,
classroom, building, district)
Documentation Contents
• Name of student involved
• Name of employees involved, including
the administrator authorizing any
additional period of confinement
• Date
• Time
• Duration
Documentation Contents
• Actions of student before, during, and after
incident
• Actions of employees before, during, and after
incident (including student and staff debriefing)
• Alternatives to restraint or confinement
attempted (if any)
• A description of injuries (to student or others)
and property damage
• A description of future approaches to students’
behavior (i.e., meet to revise IEP)
Additional Policies and Procedures
Does your district, AEA, or accredited
nonpublic school have additional policies
or procedures?
If so, you are required to follow them.
Positive Behavior Interventions and Supports
(PBIS)
What are PBIS?
PBIS include “a broad range of systemic
and individualized strategies for achieving
important social and learning outcomes
while preventing problem behavior.”
Warren et al. (2003)
Positive Behavior Interventions and Supports
(PBIS)
What does the research say about PBIS?
PBIS has been shown to increase preferred behaviors,
increase student time spent in instruction, decrease
office referrals, and decrease suspensions.
Lohrmann et al. (2008)
In fact, reliance on exclusionary and punishmentcentered disciplinary practices without pro-active
supports has been shown to increase problem behavior.
See, e.g., Meyer (1995)
Positive Behavior Interventions and Supports
(PBIS)
What are hallmarks of PBIS?
Core / Universal: applies to all students, all staff,
and all settings
Supplemental / Secondary: provides additional
support to” students who demonstrate at-risk
behavior
Intensive / Tertiary: individualized support, which
typically consists of a functional behavioral
assessment and a comprehensive behavior plan
Lohrmann et al. (2008)
Positive Behavior Interventions and Supports
(PBIS)
Positive relationships and positive interactions increase the
likelihood of appropriate (positive) student responses.
 Teaching positively stated expectations (“do…”), not
negative (“do not”)
 Defining clear, equitable, predictable consequences for
meeting expectations
 Defining clear, equitable, predictable consequences for
not meeting expectations
 Focus on teaching acceptable replacement behaviors (“If
you want a drink of water, do X rather than Y.”)
Positive Behavior Interventions and Supports
(PBIS)
Management Fundamentals
• Reinforce students who comply with the rules.
• Provide consistent and systematic correction
procedures.
• Establish a predictable environment.
• Provide effective teaching and instructional
strategies.
• Focus on prevention of undesirable behaviors.
• Use data to make decisions.
Disciplinary options to seclusion & restraint
Why should schools care about options to seclusion and
restraint?

A range of options increase the effectiveness of
responses to unacceptable behavior.

Using seclusion or restraint when other options
would work decreases the effectiveness of seclusion and
restraint.

By rule, seclusion and restraint shall not be used as
“discipline for minor infractions.” Iowa Admin. Code r.
281-103.7 ¶ 1.
Disciplinary options to seclusion & restraint
Options include …
 Redirection
 Offering choices
 Time-out at the student’s desk
 Time-out in a location in the classroom
The options employed should match the function
of the child’s behavior (avoidance, attention,
etc.) and should address both prevention and
consequences.
Disciplinary Options to Seclusion & Restraint
Preventative:
• Offering choices
• Teaching alternate
behavior
• Appropriate
instructional level
• High rate of positive
reinforcement
Consequences:
• Time-out at the
student’s desk or
back of room
• Redirection
• Ignoring
• Reinforcement of
alternate behaviors
Crisis Prevention, Crisis
Intervention, Crisis De-escalation
If a crisis is avoided, all benefit.
What is a crisis? If safety is an issue, you
are probably in a crisis.
A calm approach to a crisis with an
opportunity for a student to take an
alternative action is the foundation for
avoiding, resolving, or terminating a crisis.
Crisis Prevention, Crisis
Intervention, Crisis De-escalation
•
•
•
•
Maintain a calm voice and demeanor.
Provide clear guidelines for the child.
If the child has a behavior plan, follow it.
Provide a more attractive alternative
option for the child to choose.
• Above all, remember your safety, the
child’s safety, and the safety of others.
Behavior Intervention Plan vs. Crisis
If child has a Behavior
Intervention Plan for this
situation, follow the plan.
The plan should be matched
to the function of behavior
and would be the
appropriate response to
an expected crisis
condition.
If the child does not have a
Behavior Intervention
Plan for this situation it is
most likely because it is a
new situation, a student
who is not “prone” to this
type of situation, or the
adults available are
unaware.
FOLLOW DE-ESCALATION
PROCEDURES
De-escalation techniques
Examples include:
• Talking in a calm voice
• Adults moving in slow movements
providing minimal startles to individual
• Offering choices
• Providing clear guidelines
• Removing stressors
• Providing calming items or activities
Student and Staff Debriefing
• “Debrief” is defined by the American
Heritage Dictionary (4th ed. 2000) as
follows: “To question to obtain knowledge
or intelligence gathered especially on a
military mission.”
• The rules use this word in its broadest
possible meaning.
• Purpose: to gather useful information
Student and Staff Debriefing
Some information that might be useful
 What happened?
 Do you understand why it happened?
 Why did you do what you did?
 What could you have done instead?
 What could you do if there is a “next time”?
 How can we help you if there is a “next time”?
 How can we help you so there will not be a “next
time”?
Safe and Effective Use of
Seclusion & Restraint
•
•
•
•
Remember, safety first.
Your safety
The safety of the student and others
Certain things to remember
– The student’s condition (age, physical condition,
presence of weapon)
– Control of the student (immobilization of the student,
but only to the extent necessary)
– Protection of the student (avoid actions that threaten
the student’s health or safety)
Safe and Effective Use of
Seclusion & Restraint
Effective use
What are the purposes of seclusion and restraint?
Does the use of seclusion and restraint in a
particular case advance one of those purposes?
Is seclusion and restraint used only when
necessary?
For More Information …
Feel free to contact
o
o
o
your district’s director of special
education
your AEA
the Iowa Department of Education
DE Contacts
Challenging Behaviors
Barb Rankin
(515) 281 5447
[email protected]
Positive Behavior Supports (PBS)
Susan Bruce
(515) 281 3943
[email protected]
Thanks!
Again, thank you for your work on behalf
of Iowa’s children and families!
Please feel free to contact the Iowa
Department of Education or your trainer if
you require further information:
www.iowa.gov.educate