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Restraints and Seclusion Guidelines

Added Jul 29, 2020 •

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Aloha and welcome to this presentation on the restraint and seclusion guidelines Department of Education October 2018 this presentation is an introduction to the provisions of the youths and restrictions of restraints seclusion in Hawaii public schools in recent years the use of restraint and seclusion in education has become an issue of national significance injuries and deaths associated with the ongoing use of restraints and seclusion in school settings to the attention of the public with concerns that some of these procedures violate basic human rights in May 2009 reports of alleged abuse and deaths related to restraint and seclusion methods in schools across the u.s. hundreds of cases were reviewed in which adults restrain students inappropriately putting students at unnecessary risk of injury or even death some examples cited included reports of being taped or chairs Pinta floors 4 hours or locked in faucets the US Senate health education labor and pensions committee could not find any evidence that K-12 students benefited from seclusion or physical restraints as a result of these Congressional hearings the US to the vegetation published several documents to address the concerns one of these documents usdoe restraint and seclusion resource document identifies 15 principles that they believe States Local Schools parents and other stakeholders should consider in developing and implementing restraint and seclusion policies these five statements summarize the guiding principles which are reflected in Hawaii's law every effort to prevent use of restraint never use McCain restraint to restrict student physical restraint only and imminent danger policies on seclusion and restraint apply to all children behavioral intervention consistent with child dignity and free from abuse on July 2014 the governor signed into law House Bill 1796 relating to the use of restraints and seclusion for students in Hawaii public schools this law now Hawaii revised statutes 302 - 114 130 2A - 114 1.3 + 302 a - 114 1.4 became effective for Hawaii public schools on August 1st thousand sixteen this law prohibits the use of seclusion mechanical restraints and chemical restraints regardless of any consent of the student parents or Guardians it also establishes the conditions for the use of physical restraints this law mandates training in the area of positive behavioral interventions and supports to reduce the need for physical interventions and outlines the data collection and Reporting requirements this law applies to all public schools and all students Hawaii Department of Education the overall purpose of this law is to ensure the safety and well-being of all students and Personnel in public schools while promoting a positive School climate and culture this law protects all students from physical and mental and prevents the use of aversive Behavioral interventions such as the use of noxious odors or taste last severe corporal punishment forced exercise denial of food water or using medication to eliminate or dusk undesirable student behaviors it also explicitly prevents the use of restraints as a form of punishment or for convenience there are three types of restraints defined by Hawaii revised statutes 302a 141 points for mechanical chemical and physical Hawaii law does not permit the use of mechanical or chemical restraints under any circumstance chemical restraint is not meant to be interpreted as a medication prescribed by licensed physician or other qualified professional acting under the scope of their Authority Under state law for the standard treatment of a student's medical or psychiatric condition likewise mechanical restraint is not meant to include assisting Technologies or Orthopedic supports prescribed by a medical professional to allow a student with a disability access to the curriculum or participation in educational activities historically restraints have been used as punishment for undesired behaviors across the country under Hawaii law this is not permitted restraints are never to be used for teaching or punishing Behavior physical restraints may only be used when certain conditions are satisfied a physical restraint is defined as a personal restriction that immobilizes or reduces the ability of the student to move the students arms legs or head freely the conditions that must be met for a restraint to be allowable are a student's action pose a clear present and imminent physical danger to himself or herself or others or substantial property damage and less restrictive measures have failed or ineffective restraints should own play being posed by staff who are trained and certified and how to prevent restraints and how to perform restraints safely when necessary due restraint should last only as long as necessary to resolve the danger and the degree of force applied not exceed what is necessary to protect the student or other persons from eminent bodily injury or substantial property damage now it's review a physical restraint is not a teaching procedure not a behavioral intervention energy not used for non-compliance disrespect or Disobedience except as provided under Hawaii state law section 703 - 309 paragraph to a physical restraint is a safe non harmful for teacher used to prevent a student from behaviors that pose an imminent danger of self harm harm to others or substantial property damage based on the Hawaii revised statutes section 3 go to a - 114 1.3 also referred to as act 206 of 2014 or House Bill 1796 of 2014 the use of seclusion mechanical or chemical restraints are prohibited practices regardless of any consent of the student parents or Guardians students may not be locked in a room unsupervised for any length of time mechanical restraints such as the use of tape or ropes should never be used on students in the school setting assistive technology devices may be used in school settings but only if they are for the purpose of providing access to the curriculum or to allow them to participate in educational activities these devices must comply with idea and may not be used for punishment or convenience these devices should only be used under the supervision of and with a written order by a physician occupational therapist or physical therapy and must be included in the student's individualized education program medications may never be used by schools to manage or address student Behavior sometimes there is confusion between the use of a seclusion room and the Behavioral Management technique time out time out is a Behavioral Management technique used to interrupt unacceptable Behavior a student as a result of his Miss behaviors needs a place to safely D Escalade and to regain control of him or herself so that he or she can be prepared to return to class engaged and attentive a timeout area is a supervised location monitored by School staff it is not a locked isolated room sign out may also be used in conjunction with a behavioral support plan developed to teach and reinforce appropriate behaviors immediately following a physical restraint being imposed on a student the incident must be documented in EC Triple-S the Department's electronic database system under the student profile restraint this tab is only available to school administrators or does it mean he's also required following an incident is written notification to parents or legal Guardians written notice must be sent via registered mail or hand delivered within 24 hours the incident here's a sample of the current written parent notification form that will be generated from EC Triple-S once the incident information is entered following restraint incident a staff debriefing should occur as soon as it is practical to do so the focus of the debriefing should be on identifying the triggers and staff responses did you breathing should include all participants of the restraint situation and administrator because this debriefing is for internal quality assurance has and reflective learning stop it may not be appropriate to include stakeholders who were not directly involved in the incident a separate post-incident meeting should be conducted with the student if any student is restrained repeatedly in a school year it is important for multidisciplinary team to meet to address the needs of the individual student this meeting provides an opportunity for schools to customize a holistic proactive approach for the student concerned this meeting must include the parent and if a . the student the team should review all available data. Input and student input before considering which interventions may be needed if appropriate a functional Behavior assessment may be conducted and a Behavior Support plan the discussion at the debriefing should focus on the conditions that triggered the incident alternate interventions that were used and why they were unsuccessful in the escalating the situation the team should look for patterns and discuss environmental factors review how the situation was handled and identify interventions for future event so that restraints may be avoided let's summarize the responsibilities of schools complex areas and the state office upon a student's entry into school written information about restraint and seclusion policies be provided to students and family all schools need to maintain records of physical restraint use should a physical restraint be used to provide written notification to parent or legal guardian within 24 hours along with a copy of the parent information brochure complex areas need to establish a Conjuring of trainers will be certified and recertify danieley in Crisis Intervention these complex Eric Andre's will provide training and support to their respective schools annually all complex areas will submit a report to the office of student Support Services on the use of physical restraints the deal we will then conduct a Statewide review of the physical restraint data from all cool examining patterns and Trends the DEA is responsible for updating policies and guidelines as required to ensure alignment with Hawaii laws throughout the year the department will continue to coordinate and provide Statewide training to all complex areas in summary when dealing with student behavioral challenges the department firmly believes that all students are more likely to achieve and perform better when staff procedures emphasize prevention and proactive Sports research shows that the use of positive behavior interventions and supports reduce the need for restraints all teachers should create a positive environment where students are explicitly taught school white behavioral expectations and classroom routines remember to reinforce positive behaviors with praise and recognition at avoid reinforcing challenging behaviors Mahalo to all for keeping our children safe should you need further information please visit our gue home

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