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--- jkaa_use_of_restraints_and_seclusion [2025/09/09 17:32]
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+++ jkaa_use_of_restraints_and_seclusion [2025/09/09 18:41] (current)
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 **4. Reporting and notification.**  Any occurrence or incident in which seclusion is used shall be documented and followed with reports and notification as described in Section G, below.  Multiple incidents of seclusion/restraint may be present within a single occurrence, and should be individually described within the reports and notifications.\\
-**__G. Reporting, Notification, and Record-Keeping Requirements.__** \\
+**__G. Reporting, Notification, and Record-Keeping Requirements.__**
-. Restraint and Seclusion. Whenever restraint or seclusion has been used on a child, the following shall apply:
+**1. Restraint and Seclusion.** Whenever restraint or seclusion has been used on a child, the following shall apply:\\
-a. Immediate verbal report to Principal, designee or then current supervising employee: Immediately after the occurrence of seclusion or restraint and any threat to safety is no longer imminent, the employee who uses seclusion or restraint shall provide verbal notice to the Principal, Principal’s designee or other supervising employee on duty.
-b. Initial Notification to Parent/Guardian: Upon receipt of a report of the use of seclusion or restraint, and unless prohibited by court order, the Principal, Principal’s designee, or other supervising employee who received the immediate verbal report described in Paragraph G.1.a, shall make reasonable efforts to contact the child’s parent or guardian as soon as is practicable, but no later than the time of the return of the child to the parent/guardian or the end of the business day, whichever is earlier. The form of notice shall be in the manner calculated to give the parent/guardian actual notice of the incident at the earliest possible time.
+__a. Immediate verbal report to Principal, designee or then current supervising employee:__ Immediately after the occurrence of seclusion or restraint and any threat to safety is no longer imminent, the employee who uses seclusion or restraint shall provide verbal notice to the Principal, Principal’s designee or other supervising employee on duty.\\
-c. Written Notification to Superintendent: Within five business days of the use of seclusion or restraint, the employee who used seclusion or restraint on a child, will, with the assistance of the Principal or other employee who received the immediate verbal report (or if the employee is not available, the Principal or other recipient of the immediate report) will submit written notification on the form provided by the New Hampshire Departments of Education and Health and Human Services (the “DOE/DHHS form”) to the Superintendent. In the absence of the availability of the DOE/DHHS form, the submission shall nonetheless be in writing and include all of the information required under RSA 126-U:7, II. The DOE/DHHS form or other writing used will be referred to as the Written Notification.
-If the use of restraint on a child exceeded 30 minutes, the Written Notification shall also include information pertaining to the assessments described in Section E.1.b, above.
+__b. Initial Notification to Parent/Guardian:__ Upon receipt of a report of the use of seclusion or restraint, and unless prohibited by court order, the Principal, Principal’s designee, or other supervising employee who received the immediate verbal report described in Paragraph G.1.a, shall make reasonable efforts to contact the child’s parent or guardian as soon as is practicable, but no later than the time of the return of the child to the parent/guardian or the end of the business day, whichever is earlier. The form of notice shall be in the manner calculated to give the parent/guardian actual notice of the incident at the earliest possible time.\\
-d. Written Information to Parent/Guardian: Unless prohibited by court order, within 2 business days of receipt of the Written Notification, the Superintendent/designee shall send by USPS first class mail, or transmit by electronic means, to the child’s parent/guardian all of the information included in the Written Notification or the Written Notification itself.
-e. Final Investigation and Report: The Superintendent or Superintendent’s designee shall review and investigate each incident of seclusion or restraint for a determination as to whether the use complied with this policy, RSA 126-U and Ed 1201-1203.  After the completion of a reasonable review/investigation, the Superintendent or her/his designee, shall follow the Written Notification with a Final Report of the incident.  The Final Report should include findings and conclusions, the documentary and other physical evidence (or summary of oral evidence), and a description of actions taken in response to those findings and conclusions.
+__c. Written Notification to Superintendent:__ Within five business days of the use of seclusion or restraint, the employee who used seclusion or restraint on a child, will, with the assistance of the Principal or other employee who received the immediate verbal report (or if the employee is not available, the Principal or other recipient of the immediate report) will submit written notification on the form provided by the New Hampshire Departments of Education and Health and Human Services (the “DOE/DHHS form”) to the Superintendent. In the absence of the availability of the DOE/DHHS form, the submission shall nonetheless be in writing and include all of the information required under RSA 126-U:7, II. The DOE/DHHS form or other writing used will be referred to as the Written Notification.\\
-. Additional Reporting Required for Injury or Death of a Child Subject to Restraint or Seclusion.  In cases involving serious injury or death to a child subject to restraint or seclusion in a school, the Principal/Superintendent designee shall, in addition to the reports and notifications described above, and in accordance with the provisions of RSA 126-U:7, notify the Commissioner of the Department of Education, the New Hampshire Attorney General, and the New Hampshire Disability Rights Center using the contact information provided by the Department of Education. Such notice shall include the Official/Written Notification required in Section G.1.c, above.
-. Additional Documentation Regarding Use of Mechanical Restraint.   Whenever a child is transported using mechanical restraints, the person(s) completing the Official Report Form/written notification described in G.1.c, above, shall include the reasons for the use of mechanical restraints. Such documentation shall be treated and retained as a notification of restraint under RSA 126-U:7.
+If the use of restraint on a child exceeded 30 minutes, the Written Notification shall also include information pertaining to the assessments described in Section E.1.b, above.\\
-. Documentation for Other Intentional Physical Contact Between Employee and learner.  The following shall apply whenever there is an instance where a school employee or designated volunteer has intentional physical contact with a learner in response to a learner's aggressive misconduct or disruptive behavior.
+__d. Written Information to Parent/Guardian:__ Unless prohibited by court order, within 2 business days of receipt of the Written Notification, the Superintendent/designee shall send by USPS first class mail, or transmit by electronic means, to the child’s parent/guardian all of the information included in the Written Notification or the Written Notification itself.\\
+__e. Final Investigation and Report:__ The Superintendent or Superintendent’s designee shall review and investigate each incident of seclusion or restraint for a determination as to whether the use complied with this policy, RSA 126-U and Ed 1201-1203.  After the completion of a reasonable review/investigation, the Superintendent or her/his designee, shall follow the Written Notification with a Final Report of the incident.  The Final Report should include findings and conclusions, the documentary and other physical evidence (or summary of oral evidence), and a description of actions taken in response to those findings and conclusions.\\
+**2. Additional Reporting Required for Injury or Death of a Child Subject to Restraint or Seclusion.**  In cases involving serious injury or death to a child subject to restraint or seclusion in a school, the Principal/Superintendent designee shall, in addition to the reports and notifications described above, and in accordance with the provisions of RSA 126-U:7, notify the Commissioner of the Department of Education, the New Hampshire Attorney General, and the New Hampshire Disability Rights Center using the contact information provided by the Department of Education. Such notice shall include the Official/Written Notification required in Section G.1.c, above.\\
+**3. Additional Documentation Regarding Use of Mechanical Restraint.**   Whenever a child is transported using mechanical restraints, the person(s) completing the Official Report Form/written notification described in G.1.c, above, shall include the reasons for the use of mechanical restraints. Such documentation shall be treated and retained as a notification of restraint under RSA 126-U:7.\\
+**4. Documentation for Other Intentional Physical Contact Between Employee and learner.**  The following shall apply whenever there is an instance where a school employee or designated volunteer has intentional physical contact with a learner in response to a learner's aggressive misconduct or disruptive behavior.\\
-a. Notice to parents: the Principal, designee, or other supervising employee will make reasonable efforts to promptly notify the learner's parent or guardian. Such notification shall be made no later than the time of the return of the child to the parent/guardian or the end of the business day, whichever is earlier. The form of notice shall be in the manner calculated to give the parent/guardian actual notice of the incident at the earliest possible time.
+__a. Notice to parents:__ the Principal, designee, or other supervising employee will make reasonable efforts to promptly notify the learner's parent or guardian. Such notification shall be made no later than the time of the return of the child to the parent/guardian or the end of the business day, whichever is earlier. The form of notice shall be in the manner calculated to give the parent/guardian actual notice of the incident at the earliest possible time.\\
-b. Physical Contact Written Description: Unless the incident is subject to the notice and reporting requirements of Section G.1above, the Principal shall prepare a written description of the incident (“Physical Contact Written Description”) of the incident within five (5) business days of the occurrence/incident. The Physical Contact Written Description will include:
-i. The date and time of the incident.
-ii. A brief description of the actions of the child before, during, and after the occurrence.
-iii. The names of the persons involved in the occurrence.
-iv. A brief description of the actions of the facility or school employees involved before, during, and after the occurrence.
-v. A description of any injuries sustained by, and any medical care administered to, the child, employees, or others before, during, or after the incident.
-. Circumstances when Reporting/Notification is not Required.  The notification, reporting and record keeping requirements included in this Section G are not required in the following circumstances:
-a. When a child is escorted from an area by way of holding of the hand, wrist, arm, shoulder, or back to induce the child to walk to a safe location. If, however, the child is actively combative, assaultive, or causes self-injury while being escorted, then the notification requirements described above are applicable.
+__b. Physical Contact Written Description:__ Unless the incident is subject to the notice and reporting requirements of Section G.1above, the Principal shall prepare a written description of the incident (“Physical Contact Written Description”) of the incident within five (5) business days of the occurrence/incident. The Physical Contact Written Description will include:\\
-b. When actions are taken such as separating children from each other, inducing a child to stand, or otherwise physically preparing a child to be escorted.
-c. When the contact with the child is incidental or minor, such as for the purpose of gaining a misbehaving child’s attention. However, blocking of a blow, forcible release from a grasp, or other significant and intentional physical contact with a disruptive or assaultive child shall be subject to the notification and reporting requirements described above.
+i. The date and time of the incident.\\
-. Retention of Records.  All reports, notifications and other records created pursuant to this Section, or Sections H, I or J, shall be retained [the term of the learner’s enrollment plus three years, unless:
+ii. A brief description of the actions of the child before, during, and after the occurrence.\\
+iii. The names of the persons involved in the occurrence.\\
+iv. A brief description of the actions of the facility or school employees involved before, during, and after the occurrence.\\
+v. A description of any injuries sustained by, and any medical care administered to, the child, employees, or others before, during, or after the incident.\\
+**1. Circumstances when Reporting/Notification is not Required.**  The notification, reporting and record keeping requirements included in this Section G are not required in the following circumstances:\\
+a. When a child is escorted from an area by way of holding of the hand, wrist, arm, shoulder, or back to induce the child to walk to a safe location. If, however, the child is actively combative, assaultive, or causes self-injury while being escorted, then the notification requirements described above are applicable.\\
+b. When actions are taken such as separating children from each other, inducing a child to stand, or otherwise physically preparing a child to be escorted.\\
+c. When the contact with the child is incidental or minor, such as for the purpose of gaining a misbehaving child’s attention. However, blocking of a blow, forcible release from a grasp, or other significant and intentional physical contact with a disruptive or assaultive child shall be subject to the notification and reporting requirements described above.\\
+**2. Retention of Records.**  All reports, notifications and other records created pursuant to this Section, or Sections H, I or J, shall be retained [the term of the learner’s enrollment plus three years, unless:\\
-a. the learner is or was a learner with an Individualized Educational Program, in which case, the records shall be retained and destroyed in accordance with paragraph B.1 of Board policy EHB; or
+a. the learner is or was a learner with an Individualized Educational Program, in which case, the records shall be retained and destroyed in accordance with paragraph B.1 of Board [[ehb_data_storage_and_record_retention_procedures|policy EHB]]; or\\
-b. a longer period is required pursuant to instruction by the Department of Education or the Department of Health and Human Services.
-G. Mandatory Reporting of Violations by Others.  Any school employee who has reason to believe that the action of another may constitute a violation of this policy, or the provisions of RSA 126-U, must report the suspected violation to the Principal or Superintendent in accordance with current reporting procedures.  The conduct giving rise to the suspected violation may require reporting under Board policies JLF – Reporting Child Abuse or Neglect.
-H. Complaints of Violation of RSA 126-U.  Any individual may file a complaint with the Superintendent’s office alleging a violation of this policy or RSA 126-U. The complainant should be encouraged to file the complaint in writing with the information listed in paragraph 1 below, but if declined, the Superintendent/designee should promptly prepare a written summary of the complaint with such information as could be obtained from the complainant.  The complaint should be made as soon as possible after the incident.  (Note that under Ed 1203.02, complaints to the New Hampshire Department of Education made more than twelve months after an incident will be dismissed by the Department.)
-. Complaint Contents. The written complaint or complaint summary should include:
-a. The complainant’s name, unless the complainant refuses;
-b. The date or approximate date of the alleged incident;
-c. The location of the alleged incident;
-d. The name of the child or children subject to the alleged restraint or seclusion, if known;
-e. The name of the school personnel alleged to have restrained or secluded the child, if known;
-f. A description of the alleged restraint or seclusion; and
-g. The date of complaint.
-. Investigation and Resolution of Complaint. The complaint or grievance will be investigated by the Superintendent, or another person designated by the Superintendent. The Complainant should be contacted no later than 5 business days (excluding school year vacations) following the date of the complaint.
-In most cases, investigation of the complaint should be completed within 20 days following receipt of the complaint. If the Superintendent is not personally conducting the investigation, however, the extension of time must first be approved by the Superintendent. When extra time is required, the reasons for the extension should be included in the final investigative report.
+b. a longer period is required pursuant to instruction by the Department of Education or the Department of Health and Human Services. \\
-A written investigative report of the findings and conclusions (whether the complaint is founded or unfounded) should be completed within five days of completion of the investigation. In addition to findings and conclusions, the investigative report must include the documentation of the evidence (or summary of oral evidence) relied upon.
+**__G. Mandatory Reporting of Violations by Others.__**  Any school employee who has reason to believe that the action of another may constitute a violation of this policy, or the provisions of RSA 126-U, must report the suspected violation to the Principal or Superintendent in accordance with current reporting procedures.  The conduct giving rise to the suspected violation may require reporting under Board [[jlf_reporting_child_abuse_neglect|policies JLF]] – Reporting Child Abuse or Neglect. \\
+__**H. Complaints of Violation of RSA 126-U.**__  Any individual may file a complaint with the Superintendent’s office alleging a violation of this policy or RSA 126-U. The complainant should be encouraged to file the complaint in writing with the information listed in paragraph 1 below, but if declined, the Superintendent/designee should promptly prepare a written summary of the complaint with such information as could be obtained from the complainant.  The complaint should be made as soon as possible after the incident.  (Note that under Ed 1203.02, complaints to the New Hampshire Department of Education made more than twelve months after an incident will be dismissed by the Department.) \\
-The Superintendent will contact the complainant within 5 days after the report is completed to discuss the completion of the investigation. The amount of information provided is dependent on the nature of the complainant and the legal privacy of the concerned parties. If the complainant is the parent or guardian of the child concerned, the Superintendent may allow the parent/guardian access to the written report in the same manner as any other learner record.
+**1. Complaint Contents.** The written complaint or complaint summary should include:\\
+a. The complainant’s name, unless the complainant refuses;\\
-The Superintendent shall take such actions as are appropriate in light of the investigative report, including, without limitation, any mandatory or discretionary reports to outside agencies, employee discipline, ordering further investigation, training, etc.
+b. The date or approximate date of the alleged incident;\\
-Any further review of the original complaint or investigative report will be in accordance with other established processes, e.g., grievance processes within applicable collective bargaining agreements, Board policies relating to complaints such as found in policy KEB.
+c. The location of the alleged incident;\\
-The written complaint/complaint summary, the investigative report, evidence, and other documents concerning the complaint shall be retained in accordance with Ed 1202.02(e).
+d. The name of the child or children subject to the alleged restraint or seclusion, if known;\\
-I. Review of IEP or 504 Plan Following the Use of Restraint or Seclusion.  Pursuant to RSA 126-U:14, upon information that restraint or seclusion has been used for the first time upon a child with a disability as defined in RSA 186-C:2, I or a child who is receiving services under Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. section 701, and its implementing regulations, the school shall review the Individual Educational Program ("IEP") and/or Section 504 plan and make such adjustments as are indicated to eliminate or reduce the future use of restraint or seclusion.
+e. The name of the school personnel alleged to have restrained or secluded the child, if known;\\
+f. A description of the alleged restraint or seclusion; and\\
+g. The date of complaint.\\
+**2. Investigation and Resolution of Complaint.** The complaint or grievance will be investigated by the Superintendent, or another person designated by the Superintendent. The Complainant should be contacted no later than 5 business days (excluding school year vacations) following the date of the complaint.\\
+In most cases, investigation of the complaint should be completed within 20 days following receipt of the complaint. If the Superintendent is not personally conducting the investigation, however, the extension of time must first be approved by the Superintendent. When extra time is required, the reasons for the extension should be included in the final investigative report.\\
+A written investigative report of the findings and conclusions (whether the complaint is founded or unfounded) should be completed within five days of completion of the investigation. In addition to findings and conclusions, the investigative report must include the documentation of the evidence (or summary of oral evidence) relied upon.\\
+The Superintendent will contact the complainant within 5 days after the report is completed to discuss the completion of the investigation. The amount of information provided is dependent on the nature of the complainant and the legal privacy of the concerned parties. If the complainant is the parent or guardian of the child concerned, the Superintendent may allow the parent/guardian access to the written report in the same manner as any other learner record. \\
+The Superintendent shall take such actions as are appropriate in light of the investigative report, including, without limitation, any mandatory or discretionary reports to outside agencies, employee discipline, ordering further investigation, training, etc.\\
+Any further review of the original complaint or investigative report will be in accordance with other established processes, e.g., grievance processes within applicable collective bargaining agreements, Board policies relating to complaints such as found in [[keb_public_concerns_and_complaints_about_personnel|policy KEB]].
+The written complaint/complaint summary, the investigative report, evidence, and other documents concerning the complaint shall be retained in accordance with Ed 1202.02(e).\\
+**I. Review of IEP or 504 Plan Following the Use of Restraint or Seclusion.**  Pursuant to RSA 126-U:14, upon information that restraint or seclusion has been used for the first time upon a child with a disability as defined in RSA 186-C:2, I or a child who is receiving services under Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. section 701, and its implementing regulations, the school shall review the Individual Educational Program ("IEP") and/or Section 504 plan and make such adjustments as are indicated to eliminate or reduce the future use of restraint or seclusion.\\
 If there have been multiple instances of restraint or seclusion of a child with a disability since the last IEP/504 plan review, an additional review shall occur at the request of the parent or guardian of the child.
-J. Prohibition Against Retaliation or Harassment.  No person shall subject any individual to harassment or retaliation for filing, in good faith, a report under this policy, RSA 126-U, or Department of Education Rules Ed 1200.
+J. Prohibition Against Retaliation or Harassment.  No person shall subject any individual to harassment or retaliation for filing, in good faith, a report under this policy, RSA 126-U, or Department of Education Rules Ed 1200.\\
-K. Dissemination of Policy. A copy of this policy shall be provided to the parent, guardian, or legal representative of each full- or part-time learner upon enrollment, and annually thereafter printed in each learner handbook.  Additionally, the policy will be included on each school’s website and/or the online School Board Policy Manual available to the general public.
-District Policy History:
+**K. Dissemination of Policy.** A copy of this policy shall be provided to the parent, guardian, or legal representative of each full- or part-time learner upon enrollment, and annually thereafter printed in each learner handbook.  Additionally, the policy will be included on each school’s website and/or the online School Board Policy Manual available to the general public.\\
-First reading: July 21, 2025
-Second reading: August 4, 2025
+**District Policy History:**\\
-Third reading/adopted: August 18, 2025
+First reading: July 21, 2025\\
-District revision history:  New policy
+Second reading: August 4, 2025\\
-NH Statutes	Description
+Third reading/adopted: August 18, 2025\\
-RSA 126-U	Limiting the Use of Child Restraint Practices
+**District revision history:**  New policy
-RSA 169-B	Delinquent Children
-RSA 169-C:29-39	Reporting Law
+**NH Statutes**	**Description**\\
-RSA 186-C	Special Education
+RSA 126-U	[[https://www.gencourt.state.nh.us/rsa/html/X/126-U/126-U-mrg.htm|Limiting the Use of Child Restraint Practices]]\\
-NH Dept of Ed Regulation	Description
+RSA 169-B	[[https://www.gencourt.state.nh.us/rsa/html/XII/169-B/169-B-mrg.htm|Delinquent Children]]\\
-N.H. Code Admin. Rules Ed 1200 (Chapter)	Restraint and Seclusion for Children
+RSA 169-C:29-39	[[https://www.gencourt.state.nh.us/rsa/html/XII/169-C/169-C-mrg.htm|Reporting Law]]\\
-N.H. Code Admin. Rules Ed 1202.02	Restraint and Seclusion for Children, Duty to Report
+RSA 186-C	[[https://www.gencourt.state.nh.us/rsa/html/XV/186-C/186-C-mrg.htm|Special Education]]\\
-Federal Statutes	Description
+**NH Dept of Ed Regulation**	**Description**\\
-U.S.C. § 1400-1417	Individuals with Disabilities Education Act (IDEA)
+N.H. Code Admin. Rules Ed 1200 (Chapter)	[[https://www.gencourt.state.nh.us/rules/state_agencies/ed1200.html|https://www.gencourt.state.nh.us/rsa/html/XV/186-C/186-C-mrg.htm]]\\
-U.S.C. 794	Rehabilitation Act of 1973 (Section 504)
+N.H. Code Admin. Rules Ed 1202.02	[[https://www.law.cornell.edu/regulations/new-hampshire/N-H-Admin-Rules-Ed-1202-02|Restraint and Seclusion for Children, Duty to Report]]\\
-U.S.C. 12101, et seq.	Title II of The Americans with Disabilities Act of 1990
+**Federal Statutes**	**Description**\\
+U.S.C. § 1400-1417	[[https://www.law.cornell.edu/uscode/text/20/chapter-33|Individuals with Disabilities Education Act (IDEA)]]\\
+U.S.C. 794	[[https://www.law.cornell.edu/uscode/text/29/794|Rehabilitation Act of 1973 (Section 504)]]\\
+U.S.C. 12101, et seq.	[[https://www.law.cornell.edu/uscode/text/42/12101|Title II of The Americans with Disabilities Act of 1990]]\\

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