JKAA Brockton Public Schools School Committee Policy PHYSICAL RESTRAINT The purpose of 603 CMR 46.00 is to ensure that every student participating in a Massachusetts public education program is free from the unreasonable use of physical restraint. Physical restraint shall be used only in emergency situations, and with extreme caution, after other less intrusive alternatives have failed or been deemed inappropriate. School personnel shall use physical restraint with the following two goals in mind: To administer a physical restraint only when needed to protect a student and/or a member of the school community from imminent, serious, physical harm; and To prevent or minimize any harm to the student as a result of the use of physical restraint. Nothing in this policy shall be construed to limit the protection afforded publicly funded students under other state or federal laws, including those laws that provide for the rights of students who have been found eligible to receive special education services. In addition, nothing in this policy precludes any teacher, employee or agent of a public education program from using reasonable force to protect students, other persons or himself/herself from an assault by a student. Definitions 1. Physical escort: touching a student on the hand, wrist, arm, shoulder, or back for the purpose of redirecting a student away from a potential or actual danger or directing the student to a safe location A physical escort is not a physical restraint. 2. Physical restraint: physically holding a student in order to restrict the student’s freedom of movement Nothing in 603 CMR 46.00 precludes any teacher, employee or agent of a public education program from using reasonable force to protect students, other persons or themselves from assault or imminent, serious, physical harm. 3. Extended restraint: a physical restraint the duration of which is more than twenty (20) minutes Extended restraints require additional written documentation as described in 603 CMR 46.06. 4. Seclusion restraint: confinement of a student alone and unmonitored in a limited physical space as a means of limiting his/her freedom of movement The use of “time out” procedures during which the student is visually monitored by school staff at all times shall not be considered “seclusion restraint.” 5. Crisis Response Team: at least three staff members from each school who have been appropriately trained in de-escalation and physical restraint techniques J. Students Page 1 of 4 January 22, 2002; August 20, 2002 JKAA Additional personnel from each school should be trained in case a CRT member is unavailable during crisis situations. Restraint Protocol 1. Each school shall provide staff with a code response procedure to access members of the Crisis Response Team in the event of a potential crisis situation. 2. Upon arrival, the Crisis Response Team shall assess situational factors and, if appropriate, attempt to de-escalate the student in crisis through verbal interventions. Such procedures shall include, but not be limited to: A. Attempting to redirect the student back on task and set appropriate limits. B. Reinforcing other students who are behaving appropriately. C. Engaging the student in a discussion of his/her behavior. D. Redirecting the student to a designated area. E. Providing an opportunity for the student to vent in a supportive atmosphere. 3. If such de-escalation efforts are unsuccessful the members of the Crisis Response Team shall coordinate a physical escort (two person) to a specific designated area. All efforts should be made to utilize available adults to remove other students from the immediate situation to a neutral location. 4. The Crisis Response Team members may decide to utilize a physical restraint when all less restrictive alternatives have been determined inappropriate or ineffective or have been tried and have failed and the student’s behavior continues to pose a threat of injury to self and/or others. 5. If physical restraint is necessary the Crisis Response Team members shall utilize the least restrictive method necessary, available and appropriate to the situation subject to the safety requirements set forth in 603 CMR 46.05(5). If restraint is warranted, typically, a standing restraint is less restrictive than a sitting restraint. More restrictive positions, such as a floor or prone restraint, shall be used only if less restrictive positions are insufficient, in the judgment of the Crisis Response Team members, to provide safety for the student or others present. 6. The Crisis Response Team members shall discontinue such restraint as soon as possible and preferably within five (5) minutes. If, due to unusual circumstances, a restraint continues for more than twenty (20) minutes, it shall be considered an “extended restraint” for purposes of the reporting. 7. Whenever safely possible, one person of the Crisis Response Team shall function As the observer to the restraint and remain in contact with the building administration. 8. Following any restraint activity, the student shall be referred for treatment to the School Nurse and the Crisis Response Team shall document the restraint activity. Prohibitions Physical restraint is prohibited in the following circumstances: as means of punishment; or as a response to property destruction, verbal threats, disruption of school order or a student’s refusal to comply with a school rule or staff directive, unless the student’s behavior poses a threat of injury to self and/or others. Seclusion restraint is forbidden by the Brockton Public Schools. J. Students Page 2 of 4 January 22, 2002; August 20, 2002 JKAA Training and authorization of the Crisis Response Team The Brockton Public Schools personnel who are designated as part of the Crisis Response Team shall be trained and authorized to use the following methods of physical restraint with an increasing level of restriction: 1. 2. 3. 4. 5. Team Control Position (CPI Model) Children’s Control Position (CPI Model) Children’s Control Position – Seated Side-by-side Prone Restraint Prone Restraint-Modified Training 1. At the beginning of each school year, the principal of each school shall provide an orientation for all staff describing the school’s restraint procedure and a method for accessing the members of the Crisis Response Team. Such training should also include a description of approved de-escalation techniques to be used in potential crisis situations. 2. Identified members of the Crisis Response Team shall participate in a comprehensive training program at the beginning of the school year. The program should include prevention, identification, and simulated hands-on training in the proper use of restraint (ten hours). Members who have completed such training in previous school years shall be required to participate in refresher training at least once during current school year. Reporting Requirements 1. The Crisis Response Team shall notify the building administrator immediately following any initiated restraint activity. The crisis intervention follow-up form shall be completed by the Crisis Response Team members and submitted to the building administrator before the end of the school day. 2. The building administrator shall review the written report and forward it to the Office of the Deputy Superintendent within twenty-four hours. 3. The building administrator or his/her designee shall verbally inform the student’s parents or guardian of the restraint as soon as possible, and by written report postmarked no later than two school working days following the use of restraint. 4. When an extended restraint has been administered, the school shall provide a copy of the written report to the Department of Education within five school working days of the administration of the extended restraint. The school shall also provide the Department all written reports of physical restraints administered to the student within a thirty-calendar day time period of the date of the extended restraint. Referral to law enforcement or other state agencies Nothing in these regulations prohibits: 1. The right of any individual to report to appropriate authorities a crime committed by a student or other individual. J. Students Page 3 of 4 January 22, 2002; August 20, 2002 JKAA 2. Law enforcement and judicial authorities from exercising their responsibilities with regard to the application of federal and state law to crimes committed by any person. 3. The exercise of an individual’s responsibilities as a mandated reporter pursuant to MGL c. 119, § 51A. These regulations shall not be used to deter any individual from reporting neglect or abuse to the appropriate state agency. LEGAL REF.: J. Students M.G.L. c. 69, § 1B, and c. 71, § 37G. Board of Education 603 CMR 46.00 Page 4 of 4 January 22, 2002; August 20, 2002