JLDBRESTRAINT AND SECLUSION
JLDBPhoenix Elementary School District is committed to the use of restraint with students only as a last resort, emergency management procedure to address imminent danger of serious harm to students, staff, or others. Restraint is not used for disciplinary purposes, convenience, retaliation, or coercion to gain compliance. Physical restraint may not be used as a threat. Physical restraint will not be used for longer than is necessary to contain the behavior that poses a clear and present danger of serious physical harm to the student or others. Use of restraints in non-emergency situations is absolutely prohibited in our district. The district prohibits the use of seclusion/confinement under any circumstances.
To maintain a safe learning environment, District employees may, within the scop of their employment and consistent with state law, use reasonable and appropriate physical restraint with students in accordance with this policy and accompanying regulation. Such actions shall not be considered child abuse or corporal punishment if performed in good faith and in compliance with this policy and accompanying regulation.
The District authorizes the use of these definitions, most of which are included in A.R.S. 15-105 and 15-843:
A. "Restraint" means any method or device that immobilizes or reduces the ability of a student to move the student's torso, arms, legs, or head freely, including physical force or mechanical devices.
1. Physical restraint means an adult physically touching the child to immobilize or reduce the child's ability to move their torso, arms, legs, or head freely.
2. Prone restraint means the application of a physical behavioral restraint on a student in a full body, facedown position on a surface (e.g., ground , bed, table). This is not permitted.
3. Mechanical restraint means the use of a device or equipment to restrict a student's freedom of movement of torso, arms, legs and/or head. This is not permitted by District personnel but may be used by law enforcement.
4. Chemical restraint means the use of medication to control behavior or restrict freedom of movement. This is not permitted.
B. Restraint does not include any of the following:
1. Methods or devices implemented by trained school personnel or used by a student for the specific and approved therapeutic or safety purposes for which the method or device is designed and, if applicable, prescribed. (e.g., weighted blanket, compression vest, weighted vest, ankle-foot orthotics).
2. The temporary touching or holding of the hand, wrist, arm, shoulder or back for the purpose of prompting a student to comply with a reasonable request or to go to a safe location.
3. The brief holding of student by one adult for the purpose of calming or comforting the student, (e.g., hug, arm around, holding a hand).
4. Physical force used to take a weapon away from a student or to separate and remove a student from another person when the student is engaged in a physical assault on another person.
C. "Seclusion" means the involuntary confinement of a student alone in a room from which the student is physically prevented from leaving. This is not permitted.
D. "Confinement" means the act of leaving a student alone in an enclosed space for any period of time in which they ar unable to leave of their own ability. Confinement of students is not authorized for use in the Phoenix Elementary School District #1.
E. Seclusion/Confinement does not include:
the use of a voluntary behavior management technique, includding a timeout location, as part of a student's education plan, individual safety plan, behavioral plan or individualized education program that involves the student's separation from a larger group for purposes of calming.
F. "School" means any District building or grounds within the Phoenix Elementary School District.
Procedures
A school may permit the use of restraint techniques on any student if both of the following apply:
A. The student's behavior presents an imminent danger of bodily harm to the student or others.
B. Less restrictive interventions appear insufficient to mitigate the imminent danger of bodily harm.
Physical restraint procedures will not be used unless verbal de-escalation and prompting strategies have been unsuccessful. (e.g., provided choice, verbal redirection, reduced verbal interaction, calming techniques).
Alternatives to physical restraint techniques should be attempted prior to restraint. (e.g., removal of other students, request for assistance, student voluntarily moves to another location when asked or prompted).
If a restraint technique is used on a student:
A. School personnel shall maintain continuous visual observation and monitoring of the student while the restraint technique is in use.
B. Restraint must cease when the emergency ceases and there is no immediate harm to the student or others.
C. The restraint technique will be used only by school personnel who are trained in the safe and effective use of restraint techniques unless an emergency situation does not allow sufficient time to summon trained personnel.
a. Trained personnel must receive evidence-based instruction related to positive behavioral supports an dinterventions, safe, physical escort, understanding antecedents, de-escalation, conflict prevention, and conflict management.
b. Trained personnel must receive evidence-based techniques, including debriefing, that have been shown to prevent or reduce the use of physical restraint.
c. Trained personnel must demonstrate the ability to identify prohibited techniques in administering physical restraint.
D. School personnel may not use a physical restraint technique that obstructs a student's respiratory airway or impairs the student's breathing or respiratory capacity, including techniques in which a staff member places pressure on a student's back or places body weight against the student's torso or back or chest.
E. The restraint procedure may not include any technique that restricts student's communication, including, but not limited to, using a pillow, blanket, carpet, mat or other item to cover a student's face.
F. No more forece may be used than is necessary to prevent immediate harm to the student or others.
G. Two school personnel should be present dureing use of restraint to allow for observation by an individual who is not engaged in the restraint technique.
H. Following the conclusion of the restraint technique, debriefing is required.
a. School principals must debrief with staff involved to discuss what happened and how to keep it from happening in the future.
b. School staff must meet with the student who was restrained in order to facilitate restoration of confidence, realtionship, and discuss what happened and how to keep it from happening in the future. Collaboration with the student to develop a personalized de-escalation plan should be undertaken. If such a plan already exists, then it should be reviewed and revised if needed.
c. School principals and relevant staff members may meet with parents in an incident conference, at parent or guardian request, to share actions taken and plans made to prevent such occurences in the future.
The District reporting and documentation procedures include the following requirements:
A. School personnel shall provide the student's parent or guardian with written or oral notice on the same day that the incident occurred, unless circumstances prevent same-day notification. If the notice is not provided on the same day of the incident, notice shall be given within twenty-four (24) hours after the incident.
B. Within 24 hours following the incident, school personnel shall provide the student's parent or guardian with written documentation that includes information about any persons, locations or activities that may have triggered the behavior, if known, and specific information about the behavior and its precursors, the type s of verbal de-escalation strategies, alternatives to restraint, and type of restraint technique used along with the duration of its use and the option of parents or guardian to participate in incident conference.
C. Within forty-eight (48) hours or bgy the end of the next scheduled school day, school personnel shall review and debrief strategies used to address a student's behavior after a restraint has been employed. The review shall include a review of the incidents in which restraint techniques were used and an analysis of how future incidents may be avoided. The District may request the completion of a functional behavioral assessment for a student with whom restraint has been used repeatedly and may create a personalized de-escalation plan and/or behavior intervention plan.
D. Oral communication must be provided in the native language of the parent/guardian.
E. Written communication , when possible, should be provided in the native language of the parent/guardian.
If a school summons law enforcement instead of using a restraint technique on a student, the school shall comply with the reporting, documentation and review procedures established by the District. School resource officers are authorized to respond to situations that present the imminent danger of bodily harm according to protocols established by their law enforcement agency.
Exceptions Related to the Use of Mechanical Restraints: The prohibition on the use of mechanical restraints in this policy shall not apply to the use of mechanical restraints by an armed Department of Public Safety officer on a student in sixth (6th) grade or above when the officer has received documented training in defensive tactics utilizing handcuffing procedures. The prohibition on the use of mechanical restraints in this policy and accompanying regulation shall not apply to the use of mechanical restraints on a student in any grade who is openly displaying a deadly weapon.
Complaint Process
A student, parent, or legal guardian may file a complaint about the use of restraint physical hold by an employee or volunteer of a school by contacting the school administrator and/or the Chief Academic Officer.
Adopted: June 30, 2022
LEGAL REF.:
A.R.S.
13-403 et seq.
13-2911
15-105
15-341
15-342
15-841
15-842
15-843
15-844
CROSS REF.:
GBEB - Staff Conduct
JIC - Student Conduct
JK - Student Discipline
JKA - Corporal Punishment
JKD - Student Suspension
JKE - Expulsion of Students