Series 5000: Students

5144.1 Use of Physical Force

The Board of Education (Board) believes that maintaining an orderly, safe environment is  conducive to learning and is an appropriate expectation of all staff members within the district.  To the extent that staff actions comply with all applicable statutes and Board policy governing  the use of physical force, including physical restraint of students and seclusion of students, staff  members will have the full support of the Board of Education in their efforts to maintain a safe  environment. 

The Board recognizes that there are times when it becomes necessary for staff to use reasonable restraint or place a student in seclusion as an emergency intervention to protect a student from  harming himself/herself or to protect others from harm. (Alternative language: “to use  reasonable restraint or place a student in seclusion to provide a safe environment for  students.”) 

Definitions 

Life-threatening physical restraint means any physical restraint or hold of a person that restricts the flow of air into a person’s lungs, whether by chest compression or any other means,  or immobilizes or reduces the free movement of a person’s arms, legs or head while the person is  in the prone position. 

Psychopharmacologic agent means any medication that affects the central nervous system, influencing thinking, emotion or behavior. 

Physical restraint means any mechanical or personal restriction that immobilizes or reduces the free movement of a person’s arms, legs or head. Excluded from this definition is briefly holding  a person in order to calm or comfort the person; restraint involving the minimum contact  necessary to safely escort a person from one area to another; medical devices including but not  limited to, supports prescribed by a health care provider to achieve proper body position or  balance; helmets or other protective gear used to protect a person from injuries due to a fall; or helmets, mitts and similar devices used to prevent self-injury when the device is part of a  documented treatment plan or individualized education program pursuant to Connecticut’s  special education laws or prescribed or recommended by a medical professional and is the least  restrictive means to prevent such self-injury. 

School employee means a teacher, substitute teacher, school administrator, Superintendent,  guidance counselor, psychologist, social worker, nurse, physician, school paraprofessional, or  coach employed by the Board of Education or working in a public elementary, middle or high  school; or any other individual who, in the performance of his/her duties has regular contact with  students and who provides services to or on behalf of students enrolled in the district’s schools,  pursuant to a contract with the board of education.

Seclusion means the involuntary confinement of a student in a room, with or without staff supervision, in a manner that prevents the student from leaving. 

Student means a child (A) enrolled in grades kindergarten to twelve, inclusive, in a public school under the jurisdiction of a local or regional Board of Education, (B) receiving special  education and related services in an institution or facility operating under contract with a local or  regional Board of Education, (C) enrolled in a program or school administered by a regional  education service center, or (D) receiving special education and related services from an  approved private special education program, but shall not include any child receiving educational  services from Unified School District #2 or the Department of Mental Health and Addiction Services. 

Conditions Pertaining to the Use of Physical Restraint and/or Seclusion

A. School employees shall not use a life-threatening physical restraint on a student. 

B. If any instance of physical restraint or seclusion of a student exceeds fifteen minutes an administrator or his/her designee, or a school health or mental health personnel, or a  board certified behavioral analyst, who has received training in the use of physical  restraint and seclusion shall determine whether continued physical restraint or seclusion  is necessary to prevent immediate or imminent injury to the student or to others. Upon a determination that such continued physical restraint or seclusion is necessary, such  individual shall make a new determination every thirty minutes thereafter regarding  whether such physical restraint or seclusion is necessary to prevent immediate or  imminent injury to the student or to others. 

C. No student shall be placed in seclusion unless: 

a. The use of seclusion is as an emergency intervention to prevent immediate or imminent injury to the student or to others, provided the seclusion is not used for  discipline or convenience and is not used as a substitute for a less restrictive alternative. 

b. Such student is continually monitored by a school employee during the period of such student’s seclusion. Any student voluntarily or involuntarily placed in seclusion or  restrained shall be regularly evaluated by a school employee for indications of  physical distress. The school employee conducting the evaluation shall enter each  evaluation in the student’s educational record. Monitor shall mean by direct observation or by observation using video monitoring within physical proximity  sufficient to provide aid as may be required.

c. The area in which such student is secluded is equipped with a window or other fixture allowing the student a clear line of sight beyond the area of seclusion. 

D. School employees may not use a psychopharmacologic agent on a student without that  student’s consent except (1) as an emergency intervention to prevent immediate or  imminent injury to the student or to others, or (2) as an integral part of the student’s  established medical or behavioral support or educational plan, as developed consistent  with Section 17a-543 of the Connecticut General Statutes or, if no such plan has been  developed, as part of a licensed practitioner’s initial orders. The use of  psychopharmacologic agents, alone or in combination, may be used only in doses that are  therapeutically appropriate and not as a substitute for other appropriate treatment. 

E. In the event that physical restraint or seclusion is used on a student four or more times within twenty school days: 

a. An administrator, one or more of such student’s teachers, the parent/guardian of such student and, if any, a mental health professional shall convene for the purpose of: 

i. Conducting or revising a behavioral assessment of the student; 

ii. Creating or revising any applicable behavioral intervention plan; and 

iii. Determining whether such student may require special education. 

b. If such student is a child requiring special education or is a child being evaluated for eligibility for special education and awaiting a determination, such student’s planning  and placement team shall convene for the purpose of (1) conducting or revising a  behavioral assessment of the student, and (2) creating or revising any applicable  behavioral intervention plan, including, but not limited to, such student’s  individualized education plan. 

F. The parent/guardian of a student who is placed in physical restraint or seclusion shall be notified not later than twenty-four hours after the student is placed in physical restraint or  seclusion. A reasonable effort shall be made to provide such notification immediately  after such physical restraint or seclusion is initiated. 

G. School employees shall not use a physical restraint on a student or place a student in seclusion unless he/she has received training on the proper means for performing such  physical restraint or seclusion.

H. Beginning July 1, 2016, the Board of Education, and each institution or facility operating  under contract with the Board to provide special education for children, including any  approved private special education program, shall: 

a. Record each instance of the use of physical restraint or seclusion on a student;

b. Specify whether the use of seclusion was in accordance with an individualized education program; 

c. Specify the nature of the emergency that necessitated the use of such physical restraint or seclusion; and 

d. Include such information in an annual compilation on its use of such restraint and seclusion on students. 

I. The Board and institutions or facilities operating under contract with the Board to provide special education for children, including any approved private special education program  shall provide such annual compilation to the Department of Education in order to  examine incidents of physical restraint and seclusion in schools. 

J. Any use of physical restraint or seclusion on a student shall be documented in the student’s educational record. The documentation shall include: 

a. The nature of the emergency and what other steps, including attempts at verbal deescalation, were taken to prevent the emergency from arising if there were  indications that such an emergency was likely to arise; and

b. A detailed description of the nature of the restraint or seclusion, the duration of such restraint or seclusion and the effect of such restraint or seclusion on the student’s  established educational plan. 

K. Any incident of the use of restraint or seclusion that results in physical injury to a student shall be reported to the State Board of Education. 

Required Training and Prevention Training Plan 

Training shall be provided by the Board to the members of the crisis intervention team for each school in the district. The Board may provide such training to any teacher, administrator, school  professional or other school employee, designated by the school principal and who has direct  contact with students regarding physical restraint and seclusion of students. Such training shall  be provided during the school year commencing July 1, 2017 and each school year thereafter,  and shall include, but not be limited to:

1.  An overview of the relevant laws and regulations regarding the use of physical restraint  and seclusion on students. (Such overview is to be provided by the Department of  Education on or after July 1, 2017, and annually thereafter, in a manner and form as  prescribed by the Commissioner of Education.)

2. The creation of a plan by which the Board will provide school professionals, paraprofessional staff members and administrators with training and professional  development regarding the prevention of incidents requiring physical restraint or  seclusion of students. 

Such plan is to be implemented not later than July 1, 2018.

3. The Board will create a plan, to be implemented not later than July 1, 2018, requiring the  training of all school professionals, paraprofessional staff members and administrators by  regarding the proper means of physically restraining or secluding a student, including, but  not limited to: 

a. Various types of physical restraint and seclusion; 

b. The differences between life-threatening physical restraint and other varying levels of  physical restraint; 

c. The differences between permissible physical restraint and pain compliance  techniques; and 

d. Monitoring methods to prevent harm to a student who is physically restrained or in  seclusion, including training in the proper means of physically restraining or  secluding a student. 

e. The differences between permissible physical restraint and pain compliance techniques; and 

f. Monitoring methods to prevent harm to a student who is physically restrained or in seclusion, including training in the proper means of physically restraining or  secluding a student. 

 g. Recording and reporting procedures on the use of physical restraint and seclusion.

Crisis Intervention Teams 

For the 2017-2018 school year and each school year thereafter, the Board requires each school in  the District to identify a crisis intervention team. Such team shall consist of any teacher,  administrator, school professional or other school employee designated by the school principal  and who has direct contact with student and trained in the use of physical restraint and seclusion.

Such teams shall respond to any incident in which the use of physical restraint or seclusion may be necessary as an emergency intervention to prevent immediate or imminent injury to a student  or to others. 

Each member of the crisis intervention team shall be recertified in the use of physical restraint  and seclusion on an annual basis. The Board shall maintain a list of the members of the crisis  intervention team for each school. 

Dissemination of Policy 

This policy and its procedures shall be made available on the District’s website and in the  Board’s procedural manual. The policy shall be updated not later than sixty (60) days after the  adoption or revision of regulations promulgated by the State Board of Education. 

(cf. 4148/4248 - Employee Protection) 

(cf. 5141.23 - Students with Special Health Care Needs) 

Legal Reference:

Connecticut General Statutes 

10-76b State supervision of special education programs and services. 

10-76d Duties and powers of boards of education to provide special  education programs and services.

10-236b Physical restraint and seclusion of students by school employees.  (as amended by PA 17-220) 

46a-150 Definitions. (as amended by PA 07-147 and PA 15-141) 

46a-152 Physical restraint, seclusion and use of psychopharmacologic  agents restricted. Monitoring and documentation required. 

46a-153 Recording of use of restraint and seclusion required. Review of records by state agencies. Reviewing state agency to report serious injury  or death to Office of Protection and Advocacy for Persons with Disabilities and to Office of Child Advocate. (as amended by PA 12-88) 

53a-18 Use of reasonable physical force or deadly physical force generally,

53a-19 Use of physical force in defense of person. 

53a-20 Use of physical force in defense of premises. 

53a-21 Use of physical force in defense of property. 

PA 07-147 An Act Concerning Restraints and Seclusion in Public  Schools. 

PA 15-141 An Act Concerning Seclusion and Restraint in Schools. 

State Board of Education Regulations Sections 10-76b-5 through 10-76b11.

Policy adopted: February 12, 2018 THOMASTON PUBLIC SCHOOLS Thomaston, Connecticut

Appendix A 

RESTRAINT AND SECLUSION LAWS IN CONNECTICUT 

The following sets forth Connecticut law related to the physical restraint and seclusion of  persons at risk, which can be found in Public Act 07-157, amending Connecticut General  Statutes Sections 46a-150 through 46a-153, 10-76b, and 10-76d and Public Act 15-141. The  Thomaston Board of Education mandates compliance with these laws at all times.

I. The following definitions apply to these procedures: 

• Life-threatening physical restraint means any physical restraint or hold of a  person that (restricts the flow of air into a person's lungs, whether by chest  compression or any other means, or immobilizes or reduces the free movement of  a person's arms, legs or head while the person is in the prone position. 

• Psychopharmacologic agent means any medication that affects the central  nervous system, influencing thinking, emotion or behavior. 

• School employee means a teacher, substitute teacher, school administrator,  superintendent, guidance counselor, psychologist, social worker, nurse, physician,  school paraprofessional, or coach employed by the board of education or working  in a public elementary, middle of high school; or any other individual who, in the  performance of his/her duties has regular contact with students and who provides  services to or on behalf of students enrolled in the district’s schools, pursuant to a  contract with the board of education. 

• Student means a child (A) enrolled in grades kindergarten to twelve, inclusive, in  a public school under the jurisdiction of a local or regional board of education,  (B) receiving special education and related services in an institution or facility  operating under contract with a local or regional board of education, (C) enrolled  in a program or school administered by a regional education service center, or (D)  receiving special education and related services from an approved private special  education program, but shall not include any child receiving educational services  from Unified School District #2 or the Department of Mental Health and  Addiction Services. 

• Provider: A person who provides direct care, or supervision of a person at risk.

• Assistant Provider or Assistant: A person assigned to provide, or who may be called upon in an emergency to provide, assistance or security to a provider or  supervision of a person at risk. 

• Person at Risk: A person receiving care or supervision in an institution or facility operated by, licensed or authorized to operate by or operating pursuant to a  contract with the Departments of Public Heath, Developmental Services, Children and Families or Mental Health Addiction Services. 

• Life Threatening Physical Restraint: Any physical restraint or hold of a person that restricts the flow of air into a person’s lungs, whether by chest compression  or any other means.

• Physical Restraint: Any mechanical or personal restriction that immobilizes or  reduces the free movement of a person’s arms, legs or head. The term does not  include: (A) Briefly holding a person in order to calm or comfort the person; (B)  restraint involving the minimum contact necessary to safely escort a person from  one area to another; (C) medical devices, including, but not limited to, supports  prescribed by a health care provider to achieve proper body position or balance;  (D) helmets or other protective gear used to protect a person from injuries due to a  fall; or (E) helmets, mitts and similar devices used to prevent self-injury when the  device is part of a documented treatment plan and is the least restrictive means  available to prevent such self-injury. 

• Seclusion: The confinement of a person in a room, whether alone or with  supervision by a provider or assistant, in a manner that prevents the person from  leaving that room. 

II. Procedures for Physical Restraint of Persons at Risk 

No school employee, provider or assistant shall under any circumstance use a life threatening physical restraint on a person at risk. 

No school employee, provider or assistant shall use involuntary physical restraint on a  person at risk EXCEPT as an emergency intervention to prevent immediate or imminent  injury to the person at risk or to others. 

Physical restraint of a student or person at risk shall never be used as a disciplinary measure or as a convenience. 

School employees, providers and assistants must explore all less restrictive alternatives  prior to using physical restraint for a person at risk. 

School employees, providers and assistants must comply with all regulations  promulgated by the Connecticut State Board of Education in their use of physical  restraint with a person at risk. 

Monitoring 

A school employee, provider or an assistant must continually monitor any student or person at risk who is physically restrained. The monitoring must be conducted by direct  observation of the person at risk. 

A school employee, provider or an assistant must regularly evaluate the person being restrained for signs of physical distress. The school employee, provider or assistant must  record each evaluation in the educational record of the person being restrained.

RESTRAINT AND SECLUSION LAWS IN CONNECTICUT 

Documentation and Communication 

A school employee or provider must notify the parent or guardian of a student or person  at risk of each incident that the person at risk is physically restrained. 

The School Administrator/Director of Special Education must be notified of the  following: 

a. each use of physical restraint; 

b. the nature of the emergency that necessitated its use; AND 

c. if the physical restraint resulted in physical injury; 

After a physical restraint occurs, the following information must be documented in the  educational file of the student who was physically restrained: 

a. in the case of an emergency use, the nature of the emergency and what other  steps, including attempts at verbal de-escalation, were taken to prevent the  emergency from arising if there were indications that such an emergency was  likely to arise; 

b. a detailed description of the nature of the restraint; 

c. the duration of the restraint; AND 

d. the effect of the restraint on the person’s established behavioral support or  educational plan. 

III. Procedures for Seclusion of a Student 

No school employee shall use involuntary seclusion on a student EXCEPT as an  emergency intervention to prevent immediate or imminent injury to the student or to  others. 

Seclusion of a student shall never be used as a disciplinary measure or as a convenience. 

School employees, providers and assistants must explore all less restrictive alternatives  prior to using seclusion. An Individualized Education Program Team (“IEP Team”) may  not incorporate the use of seclusion into a child’s IEP. 

School employees, providers and assistants must comply with all regulations  promulgated by the Connecticut State Board of Education in their use of seclusion. 

Monitoring 

A school employee, provider or an assistant must frequently monitor any student who is  placed in seclusion. The monitoring must be conducted by direct observation of the  student. 

A school employee, provider or an assistant must regularly evaluate the person in  seclusion for signs of physical distress. The school employee, provider or assistant must  record each evaluation in the educational record of the person who is in seclusion.

Documentation and Communication 

A school employee, provider must notify the parent or guardian of a student of each  incident that the student is placed in seclusion. 

The Principal/Director of Special Education must be notified of the following: 

a. each use of seclusion on a student; 

b. the nature of the emergency that necessitated its use; 

c. if the seclusion resulted in physical injury to the student; and 

After seclusion occurs, the following information must be documented in the  educational file of the student who was placed in seclusion: 

a. in the case of an emergency use, the nature of the emergency and what  other steps, including attempts at verbal de-escalation, were taken to  prevent the emergency from arising if there were indications that such an  emergency was likely to arise; 

b. a detailed description of the nature of the seclusion; 

c. the duration of the seclusion; AND 

d. the effect of the seclusion on the person’s established behavioral support  or educational plan. 

IV. Responsibilities of the Superintendent/Director of Special Education 

The Superintendent/Director of Special Education, or his or her designee, must compile  annually the instances of physical restraint and seclusion within the District and the  nature of each instance of physical restraint and seclusion. 

The Superintendent/Director of Special Education, or his or her designee, shall report to  the Connecticut State Department of Education any instance of physical restraint or  seclusion that resulted in physical injury to the person at risk. 

The Director of Special Education, or his or her designee, must, at each initial IEP Team  meeting for a child, inform the child’s parent, guardian, or surrogate parent, or the student  if such student is an emancipated minor or eighteen years of age or older, of the laws  relating to physical restraint and seclusion as expressed through this regulation, and of the  laws and regulations adopted by the Connecticut State Board of Education relating to  physical restraint and seclusion.

Documentation and Communication 

A school employee, provider must notify the parent or guardian of a student of each  incident that the student is placed in seclusion. 

The Principal/Director of Special Education must be notified of the following: 

a. each use of seclusion on a student; 

b. the nature of the emergency that necessitated its use; 

c. if the seclusion resulted in physical injury to the student; and 

After seclusion occurs, the following information must be documented in the  educational file of the student who was placed in seclusion: 

a. in the case of an emergency use, the nature of the emergency and what  other steps, including attempts at verbal de-escalation, were taken to  prevent the emergency from arising if there were indications that such an  emergency was likely to arise; 

b. a detailed description of the nature of the seclusion; 

c. the duration of the seclusion; AND 

d. the effect of the seclusion on the person’s established behavioral support  or educational plan. 

IV. Responsibilities of the Superintendent/Director of Special Education 

The Superintendent/Director of Special Education, or his or her designee, must compile  annually the instances of physical restraint and seclusion within the District and the  nature of each instance of physical restraint and seclusion. 

The Superintendent/Director of Special Education, or his or her designee, shall report to  the Connecticut State Department of Education any instance of physical restraint or  seclusion that resulted in physical injury to the person at risk. 

The Director of Special Education, or his or her designee, must, at each initial IEP Team  meeting for a child, inform the child’s parent, guardian, or surrogate parent, or the student  if such student is an emancipated minor or eighteen years of age or older, of the laws  relating to physical restraint and seclusion as expressed through this regulation, and of the  laws and regulations adopted by the Connecticut State Board of Education relating to physical restraint and seclusion.

V. Responsibilities of the Connecticut State Board of Education 

The State Board of Education shall review the annual compilation of each local and regional board of education and shall produce an annual summary report identifying the  frequency of use of physical restraint or seclusion on students and specifying whether the  use of such seclusion was in accordance with an individualized education program (IEP)  or whether the use of such physical restraint or such seclusion was an emergency. Such report shall be submitted on an annual basis as specified by the Department of Education. 

The State Board of Education and the Commissioner receiving a report of serious injury or death resulting from a physical restraint or seclusion shall report the incident to the  Director of the Office of Protection and Advocacy for Persons with Disabilities and, if  appropriate, the Child Advocate of the Office of the Child Advocate. 

The State Board of Education may regulate the use of physical restraint and seclusion of special education students in the public schools. 

The State Board of Education shall adopt regulations concerning the use of physical restraint and seclusion in public schools.