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--- jkab-r_use_of_child_restraint_and_seclusion_procedures [2022/08/03 21:08]
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+++ jkab-r_use_of_child_restraint_and_seclusion_procedures [2022/08/17 20:12] (current)
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 **Room Conditions for a Seclusion Area**\\
 When permitted by this chapter, seclusion may only be imposed in rooms which:
-a)	Are of a size which is appropriate for the chronological and developmental age, size, and behavior of the children placed in them.
+  * Are of a size which is appropriate for the chronological and developmental age, size, and behavior of the children placed in them.
-b)	Have a ceiling height that is comparable to the ceiling height of the other rooms in the building in which they are located.
+  * Have a ceiling height that is comparable to the ceiling height of the other rooms in the building in which they are located.
-c)	Are equipped with heating, cooling, ventilation, and lighting systems that are comparable to the systems that are in use in the other rooms of the building in which they are located.
+  * Are equipped with heating, cooling, ventilation, and lighting systems that are comparable to the systems that are in use in the other rooms of the building in which they are located.
-d)	Are free of any object that poses a danger to the children being placed in the rooms.
+  * Are free of any object that poses a danger to the children being placed in the rooms.
-e)	Have doors which are either not equipped with locks, or are equipped with devices that automatically disengage the lock in case of an emergency. For the purposes of this subparagraph, an “emergency” includes, but is not limited to:
+  * Are equipped with unbreakable observation windows or equivalent devices to allow the safe, direct, and uninterrupted observation of every part of the room.
-)	The need to provide direct and immediate medical attention to a child;
+  * Have doors which are either not equipped with locks, or are equipped with devices that automatically disengage the lock in case of an emergency. For the purposes of this subparagraph, an “emergency” includes, but is not limited to:\\
-)	Fire;
+            * The need to provide direct and immediate medical attention to a child.
-)	The need to remove a child to a safe location during a building lockdown; or
+            * Fire.
-)	Other critical situations that may require immediate removal of a child from seclusion to a safe location.
+            * The need to remove a child to a safe location during a building lockdown.
-f)	Are equipped with unbreakable observation windows or equivalent devices to allow the safe, direct, and uninterrupted observation of every part of the room.
+            * Other critical situations that may require immediate removal of a child from seclusion to a safe location.\\
-VIII. Notice and Record Keeping Requirements
+**Notice and Record Keeping Requirements**\\
-.	Unless prohibited by a court order, a school official shall verbally notify the parent or guardian and guardian ad litem of a restraint or seclusion no later than the time of the return of the child to the parent or guardian on that same day, or the end of the business day, which ever is earlier. Notice shall be made in a manner calculated to provide actual notice of the incident at the earliest practicable time.
+Unless prohibited by a court order, a school official shall verbally notify the parent or guardian and guardian ad litem of a restraint or seclusion no later than the time of the return of the child to the parent or guardian on that same day, or the end of the business day, which ever is earlier. Notice shall be made in a manner calculated to provide actual notice of the incident at the earliest practicable time.\\
-.	A school employee who uses restraint or seclusion shall submit a written report to the building principal or the principal’s designee within 5 business days after that intervention. If the school employee is not available to submit such a report, the employee’s supervisor shall submit such a report within the same time frame. If the principal uses restraint or seclusion, he/or she shall submit a written report to the Superintendent, or his/her designee, within 5 business days. Any report addressed in this section shall contain the following information:
-a.	The date, time and duration of the restraint or seclusion;
-b.	A description of the actions of the child before, during, and after the occurrence; a description of any other relevant events preceding the use of restraint or seclusion, including the justification for initiating the restraint or seclusion;
-c.	The names of the persons involved in the occurrence;
-d.	A description of the actions of the school employees involved before, during, and after the occurrence;
-e.	A description of any interventions used prior to the restraint or seclusion;
-f.	A description of the seclusion or restraint used, including any hold used and the reason the hold was necessary;
-g.	A description of any injuries sustained by, and any medical care administered to, the child, employees, or others before, during, or after the use of restraint or seclusion;
-h.	A description of any property damage associated with the occurrence;
-i.	A description of actions taken to address the emotional needs of the child during and following the incident;
-j.	A description of future actions to be taken to control the child’s problem behaviors;
-k.	The name and position of the employee completing the notification; and
-l.	The anticipated date of the final report.
-.	Unless prohibited by court order, the Principal or other designee shall, within 2 business days of receipt of the written report described above, send or transmit by first class mail or electronic transmission to the child’s parent or guardian and guardian ad litem the information contained in that written report. [Optional but recommended: Within the same time frame, the Principal shall also forward any such report to the Superintendent for retention in that office.]
-.	Each written report referenced in this section shall be retained by the school and shall be made available for periodic, regular review consistent with any rules that may be adopted by the state board of education for that purpose.
-IX. Serious Injury or Death during Incidents of Restraint or Seclusion.
+A school employee who uses restraint or seclusion shall submit a written report to the building principal or the principal’s designee within 5 business days after that intervention. If the school employee is not available to submit such a report, the employee’s supervisor shall submit such a report within the same time frame. If the principal uses restraint or seclusion, he/or she shall submit a written report to the Superintendent, or his/her designee, within 5 business days. Any report addressed in this section shall contain the following information:\\
-.	In cases involving serious injury or death to a child subject to restraint or seclusion, the school district shall, in addition to the notification requirements above, notify the commissioner of the department of education, the attorney general, and the state’s federally designated protection and advocacy agency for individuals with disabilities. Such notice shall include a copy of the written report referenced in Section VIII above.
-.	“Serious injury” means any harm to the body which requires hospitalization or results in the fracture of any bone, non-superficial lacerations, injury to any internal organ, second or third-degree burns, or any severe, permanent, or protracted loss of or impairment to the health or function of any part of the body.
-X. Team Meeting Requirements
+  * The date, time and duration of the restraint or seclusion.
-.	After the first incident of restraint or seclusion in a school year for students identified under special education or Section 504, the District shall hold an IEP or 504 meeting to review the student’s IEP or 504 plan and make such adjustments as are indicated to eliminate or reduce the future use of restraint or seclusion.
+  * A description of the actions of the child before, during, and after the occurrence; a description of any other relevant events preceding the use of restraint or seclusion, including the justification for initiating the restraint or seclusion.
-.	Parents may request a 504 or IEP team meeting after any restraint or seclusion incident and that request must be granted “if there have been multiple instances of restraint or seclusion since the last review.”
+  * The names of the persons involved in the occurrence.
+  * A description of the actions of the school employees involved before, during, and after the occurrence.
+  * A description of any interventions used prior to the restraint or seclusion.
+  * A description of the seclusion or restraint used, including any hold used and the reason the hold was necessary.
+  * A description of any injuries sustained by, and any medical care administered to, the child, employees, or others before, during, or after the use of restraint or seclusion.
+  * A description of any property damage associated with the occurrence.
+  * A description of actions taken to address the emotional needs of the child during and following the incident.
+  * A description of future actions to be taken to control the child’s problem behaviors.
+  * The name and position of the employee completing the notification.
+  * The anticipated date of the final report\\
-XI. Notice and Records of Intentional Physical Contact
+Unless prohibited by court order, the Principal or other designee shall, within 2 business days of receipt of the written report described above, send or transmit by first class mail or electronic transmission to the child’s parent or guardian and guardian ad litem the information contained in that written report. Optional but recommended: Within the same time frame, the Principal shall also forward any such report to the Superintendent for retention in that office.\\
-.	If a school employee has intentional physical contact with a child which is in response to a child’s aggression, misconduct, or disruptive behavior, a school representative shall make reasonable efforts to promptly notify the child’s parent or guardian.
-.	Such notification shall be no later than the time of the child’s return to the parent or guardian on that same day, or the end of the business day, whichever is earlier. Notification shall be made in a manner to give the parent or guardian actual notice of the incident at the earliest practicable time.
-.	Within 5 business days of the incident of “intentional physical contact with a child which is in response to a child’s aggression, misconduct, or disruptive behavior,” the school shall prepare a written description of the incident. This description shall include:
-a.	Date and time of the incident;:
-b.	Brief description of the actions of the child before, during and after the occurrence;
-c.	Names of the persons involved in the occurrence;
-d.	Brief description of the actions of the school employees involved before, during and after the occurrence; and
-e.	A description of any injuries sustained by, and any medical care administered to, the child, employees, or others before, during or after the incident.
-.	If an incident of intentional physical contact amounts to a physical restraint as set forth earlier in these procedures, the school shall meet the notification and record requirements that apply to physical restraint, rather than the requirements that apply to incidents of “intentional physical contact.”
-.	The notification and record-keeping duties for an incident of intentional physical contact do not apply 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 -- unless the child is actively combative, assaultive, or self-injurious while being escorted, and then these requirements do apply.
-b.	When actions are taken such as separating children from each other, or 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 – except that 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 requirement.
-XII. Department of Education Review
+Each written report referenced in this section shall be retained by the school and shall be made available for periodic, regular review consistent with any rules that may be adopted by the state board of education for that purpose.\\
-.	A parent may file a complaint with the New Hampshire Department of Education regarding the improper use of restraint or seclusion. Resolution of any such complaint should occur within 30 days, with extensions only for good cause.
-.	Investigation of any such complaint shall include appropriate remedial measures to address physical and other injuries, protect against retaliation, and reduce the incidence of violations of state standards on restraint and seclusion.
-XIII. Civil or Criminal Liability
+**Serious Injury or Death during Incidents of Restraint or Seclusion**\\
-Nothing in the District’s Policy or Procedures on the Use of Child Restraint should be understood in any way to undercut the protections from civil and criminal liability provided to school officials for the use of force against a minor, consistent with state law found at RSA 627:1, 4, and 6.
+In cases involving serious injury or death to a child subject to restraint or seclusion, the school district shall, in addition to the notification requirements above, notify the commissioner of the department of education, the attorney general, and the state’s federally designated protection and advocacy agency for individuals with disabilities. Such notice shall include a copy of the written report referenced in Section VIII above.\\
+“Serious injury” means any harm to the body which requires hospitalization or results in the fracture of any bone, non-superficial lacerations, injury to any internal organ, second or third-degree burns, or any severe, permanent, or protracted loss of or impairment to the health or function of any part of the body.\\
+**Team Meeting Requirements**\\
+After the first incident of restraint or seclusion in a school year for students identified under special education or Section 504, the District shall hold an IEP or 504 meeting to review the student’s IEP or 504 plan and make such adjustments as are indicated to eliminate or reduce the future use of restraint or seclusion.\\
+Parents may request a 504 or IEP team meeting after any restraint or seclusion incident and that request must be granted “if there have been multiple instances of restraint or seclusion since the last review.”\\
+**Notice and Records of Intentional Physical Contact**\\
+If a school employee has intentional physical contact with a child which is in response to a child’s aggression, misconduct, or disruptive behavior, a school representative shall make reasonable efforts to promptly notify the child’s parent or guardian.\\
+Such notification shall be no later than the time of the child’s return to the parent or guardian on that same day, or the end of the business day, whichever is earlier. Notification shall be made in a manner to give the parent or guardian actual notice of the incident at the earliest practicable time.\\
+Within 5 business days of the incident of “intentional physical contact with a child which is in response to a child’s aggression, misconduct, or disruptive behavior,” the school shall prepare a written description of the incident. This description shall include:\\
+  * Date and time of the incident.
+  * Brief description of the actions of the child before, during and after the occurrence.
+  * Names of the persons involved in the occurrence.
+  * Brief description of the actions of the school employees involved before, during and after the occurrence.
+  * A description of any injuries sustained by, and any medical care administered to, the child, employees, or others before, during or after the incident.\\
+If an incident of intentional physical contact amounts to a physical restraint as set forth earlier in these procedures, the school shall meet the notification and record requirements that apply to physical restraint, rather than the requirements that apply to incidents of “intentional physical contact.”\\
+The notification and record-keeping duties for an incident of intentional physical contact do not apply in the following circumstances:\\
+  * 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 -- unless the child is actively combative, assaultive, or self-injurious while being escorted, and then these requirements do apply.
+  * When actions are taken such as separating children from each other, or inducing a child to stand, or otherwise physically preparing a child to be escorted.
+  * When the contact with the child is incidental or minor, such as for the purpose of gaining a misbehaving child’s attention – except that 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 requirement.\\
+**Department of Education Review**\\
+A parent may file a complaint with the New Hampshire Department of Education regarding the improper use of restraint or seclusion. Resolution of any such complaint should occur within 30 days, with extensions only for good cause.\\
+Investigation of any such complaint shall include appropriate remedial measures to address physical and other injuries, protect against retaliation, and reduce the incidence of violations of state standards on restraint and seclusion.\\
+**Civil or Criminal Liability**\\
+Nothing in the District’s Policy or Procedures on the Use of Child Restraint should be understood in any way to undercut the protections from civil and criminal liability provided to school officials for the use of force against a minor, consistent with state law found at RSA 627:1, 4, and 6.\\
 **Legal Reference:**\\

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