Iowa Department of Education

Amended Administrative Rules onCorporal Punishment, Restraint, andPhysical Confinement and Detention Iowa Department of Education

Amended Rules • Rules on corporal punishment, restraint, and physical confinement and detention have changed • Changes effective November 12, 2008 • Rules add a training requirement

Training Requirement “All school employees, before using physical restraint or physical confinement and detention, shall receive adequate and periodic training, which shall be documented…” Iowa Admin. Code r. 281-103.7 ¶ 2

Training Subjects ●Chapter 103 and the employer’s policies and procedures ● Positive behavior interventions and supports ● Disciplinary options to seclusion & restraint ● Crisis prevention, crisis intervention, crisis de-escalation techniques ● Student and staff debriefing ● Safe, effective use of restraint and confinement and detention

Chapter 103’s Purpose [103.1] • Provide guidance to employees of AEAs, LEAs, and accredited nonpublic schools. • Limits on physical contact with students • Force used must be reasonable • Provide guidance on physical restraint • Provide guidance on use of “time-out” rooms – the function, not the name, determines the Chapter’s applicability

Ban on Corporal Punishment [103.2] Banned:“An employee of a public school district, accredited nonpublic school, or [AEA] shall not inflict, or cause to be inflicted, corporal punishment on a student.” Defined:“The intentional physical punishment of a student,” including “the use of unreasonable or unnecessary physical force, or physical contact made with the intent to harm or cause pain.”

What Corporal Punishment Is Not [103.3] • “Verbal recrimination or chastisement” • Reasonable requests in physical education or extracurricular athletics • Actions consistent with an IEP, but an IEP cannot violate the IDEA • Detentions in a seat for reasonable periods, unless (a) this counts as “physical confinement and detention” or (b) “mechanical restraints” are used • Actions taken against nonstudents

Material Restraints [103.3] ● Material (mechanical) restraints may not be used to confine or restrain students. ● This term does not include safety, therapeutic, or medical devices, if used as designed and prescribed. ● If a device is used improperly, that use violates these rules.

Exceptions & Privileges [103.4] No employee is forbidden from ... • “Using reasonable and necessary force, not designed or intended to cause pain” to accomplish … ● “Quell a disturbance” or stop an act that threatens harm ● Obtain a weapon or dangerous object from a student ● Self-defense or the defense of others ● Protection of property ● Remove a disruptive student from school, school property, or school activities ● Protect a student from self-inflicted harm ● Protect the safety of others

Exceptions & Privileges [103.4] No employee is forbidden from ... • “Using incidental, minor, or reasonable physical contact to maintain order and control.” Remember … An employee may not use unreasonable force to do any of the items in rule 103.4

What is “reasonable force”? [103.5] Whether force is reasonable depends on the facts of each case, considering 5 factors: • Size, physical, mental, psychological condition of the student • Nature of behavior or misconduct • Instrumentality used to apply force • Extent of injury to student, if any • Employee’s motivation in using force

What is “reasonable force”? [103.5] Remember … “Reasonable physical force, privileged at its inception, does not lose its privileged status by reasons of an injury to the student, not reasonably foreseeable or otherwise caused by intervening acts of another, including the student.”

Physical Confinement & Detention [103.6] Defined: “confinement of a student in a time-out room or some other enclosure, whether within or outside the classroom, from which the student’s egress is restricted” Not included: time-out at a desk, in a corner, at the back of a class, in the hall, afterschool detention, typical in-school suspension arrangements

Physical Confinement & Detention [103.6] The room itself: ● Area of reasonable dimensions and free from hazards, “considering the age, size, and physical and mental condition of the student” ● Sufficient light and adequate ventilation ● Comfortable temperature, consistent with the facility including the enclosure

Physical Confinement & Detention [103.6] Time of confinement and detention ● Period of confinement and detention must be “reasonable,” considering child’s age, condition ● Reasonable breaks for bodily needs (sleep does not count) ● If period exceeds 60 minutes or typical class period (whichever is shorter), staff must (a) obtain administrator (or designee) approval and (b) comply with directives and conditions on continued confinement and detention.

Physical Confinement & Detention [103.6] Additional requirements ● “Adequate and continuous adult supervision” is mandatory. ● Material restraints must not be used to maintain confinement and detention. ● If a locking mechanism is used, the mechanism must comply with all building and fire codes and either ► operate only when held in place by an adult (Staff shall not disable these mechanisms so they do not require an adult to hold in place.) or release when the building’s alarms sound ► open from the inside when lock is released

Additional Mandatory Minimum Procedures [103.7] The rules are mandatory, but an agency may adopt additional policies and procedures. Required procedures include: • Use of restraint and confinement • Training on restraint and confinement • Parent notification • Documentation

Definition of Physical Restraint The application of physical force by 1 or more individuals that reduces or restricts another individual’s ability to move his or her arms, legs, or head freely. This does not include the temporary holding of an individual to assist with participation in activities of daily living (ADLs) without the risk of physical harm to an individual. Welfare League of America (2002)

Use of Seclusion and Restraint • Shall not be used as “discipline for minor infractions” • May “only be used if other disciplinary techniques have been attempted,” if reasonable Note: need not use alternatives if not reasonable • Period of restraint shall be reasonable and necessary in duration

Restraint: Additional Provisions [103.8] • No employee shall use prone restraint. • Defined: “held face down” • If used in an emergency, staff must take immediate steps to end the prone restraint. • No employee shall use any restraint that obstructs a child’s airway. • If a child signs or uses an augmentative mode of communication, the child must be allowed to have hands free to communicate, unless harm appears likely to result. • Remember, this rule does not alter any immunity from lawsuit granted by statute.

Notice to Parents [103.7] • Notice to parents annually • of these rules • of any additional policy and procedure • Attempt to notify parents on the day of an instance of restraint or confinement & detention • Provide a written copy of documentation to parents • postmarked within three days of instance • parents may elect to receive documents by e-mail or fax

Documentation Required [103.7] • Schools shall maintain documentation for each instance of restraint or confinement. • Purposes of documentation requirement • Accurate record of each instance • Required notice to parents • Use for decision making (student, classroom, building, district)

Documentation Contents • Name of student involved • Name of employees involved, including the administrator authorizing any additional period of confinement • Date • Time • Duration

Documentation Contents • Actions of student before, during, and after incident • Actions of employees before, during, and after incident (including student and staff debriefing) • Alternatives to restraint or confinement attempted (if any) • A description of injuries (to student or others) and property damage • A description of future approaches to students’ behavior (i.e., meet to revise IEP)

Additional Policies and Procedures Does your district, AEA, or accredited nonpublic school have additional policies or procedures? If so, you are required to follow them.

Disciplinary options to seclusion & restraint Why should schools care about options to seclusion and restraint? • A range of options increase the effectiveness of responses to unacceptable behavior. • Using seclusion or restraint when other options would work decreases the effectiveness of seclusion and restraint. • By rule, seclusion and restraint shall not be used as “discipline for minor infractions.” Iowa Admin. Code r. 281-103.7 ¶ 1.

Disciplinary options to seclusion & restraint Options include … • Redirection • Offering choices • Time-out at the student’s desk • Time-out in a location in the classroom The options employed should match the function of the child’s behavior (avoidance, attention, etc.) and should address both prevention and consequences.

Crisis Prevention, Crisis Intervention, Crisis De-escalation If a crisis is avoided, all benefit. What is a crisis? If safety is an issue, you are probably in a crisis. A calm approach to a crisis with an opportunity for a student to take an alternative action is the foundation for avoiding, resolving, or terminating a crisis.

Crisis Prevention, Crisis Intervention, Crisis De-escalation • Maintain a calm voice and demeanor. • Provide clear guidelines for the child. • If the child has a behavior plan, follow it. • Provide a more attractive alternative option for the child to choose. • Above all, remember your safety, the child’s safety, and the safety of others.

De-escalation techniques Examples include: • Talking in a calm voice • Adults moving in slow movements providing minimal startles to individual • Offering choices • Providing clear guidelines • Removing stressors • Providing calming items or activities

If child has a Behavior Intervention Plan for this situation, follow the plan. The plan should be matched to the function of behavior and would be the appropriate response to an expected crisis condition. If the child does not have a Behavior Intervention Plan for this situation it is most likely because it is a new situation, a student who is not “prone” to this type of situation, or the adults available are unaware. FOLLOW DE-ESCALATION PROCEDURES Behavior Intervention Plan vs. Crisis

Student and Staff Debriefing • “Debrief” is defined by the American Heritage Dictionary (4th ed. 2000) as follows: “To question to obtain knowledge or intelligence gathered especially on a military mission.” • The rules use this word in its broadest possible meaning. • Purpose: to gather useful information

Student and Staff Debriefing Some information that might be useful • What happened? • Do you understand why it happened? • Why did you do what you did? • What could you have done instead? • What could you do if there is a “next time”? • How can we help you if there is a “next time”? • How can we help you so there will not be a “next time”?

Safe and Effective Use of Seclusion & Restraint • Remember, safety first. • Your safety • The safety of the student and others • Certain things to remember • The student’s condition (age, physical condition, presence of weapon) • Control of the student (immobilization of the student, but only to the extent necessary) • Protection of the student (avoid actions that threaten the student’s health or safety)

Safe and Effective Use of Seclusion & Restraint Effective use What are the purposes of seclusion and restraint? Does the use of seclusion and restraint in a particular case advance one of those purposes? Is seclusion and restraint used only when necessary?

For More Information … Feel free to contact • your district’s director of special education • your AEA • the Iowa Department of Education

Prevention is Key PBIS is a broad range of systemic and individualized strategies for achieving important social and learning outcomes while preventing problem behavior. *Contributed by OSEP Center on PBIS

Positive Behavior Interventions and Supports (PBIS) What does the research say about PBIS? PBIS has been shown to increase preferred behaviors, increase student time spent in instruction, decrease office referrals, and decrease suspensions. Lohrmann et al. (2008) …… reliance on exclusionary and punishment-centered disciplinary practices without pro-active supports has been shown to increase problem behavior. Mayer (1995)

individualized systems for high-risk students Tertiary Prevention 5% 15% Secondary Prevention specialized group systems for at-risk students CONTINUUM OF SCHOOL-WIDE BEHAVIOR SUPPORT Primary Prevention school and classroom-wide systems for all students, staff, and settings 80% of Students

2. NATURAL CONTEXT 1. SOCIAL SKILL 3.BEHAVIOR EXAMPLES

Positive Behavior Interventions and Supports (PBIS) Positive relationships and positive interactions increase the likelihood of appropriate (positive) student responses. • Teaching positively stated expectations (“do…”), not negative (“do not”) • Defining clear, equitable, predictable consequences for meeting expectations • Defining clear, equitable, predictable consequences for not meeting expectations • Focus on teaching acceptable replacement behaviors

􀁼 Office Discipline Referrals How many does it take before further action? What is the action? 􀁼 Attendance 􀁼 Assignments 􀁼 Grades How many does it take before further action? What is the action? Examples of Data Decision Making

Using Data • School-Wide • What’s happening? • Are we meeting our goals? • Are we doing what we said we would? • Individual Students • What’s happening? • What do we do next? • Are we doing what we said we would?

Continuum of Assessment and Support Specialized individual intervention Functional analysis 1 - 2 % 3 – 7% 5 – 15% 80 -85% Specialized individual intervention Functional Behavioral assessment Simple functional assessment Specialized group interventions Assessment of systems Universal interventions (Crone, Horner 2003)

Supplemental

Supplemental Supports • For those students who exhibit difficulties despite proactive school-wide prevention efforts • Likely to be students with both academic & behavioral challenges • Approximately 10% of school population

The Problem-solving Process

Conduct Brief Functional Assessment Is the behavior maintained by peer attention? Is the behavior maintained by escape from social interaction? Is the behavior related to lack of academic skills? Escape Motivated BEP Reduce adult interaction Use escape as a reinforcer • BEP + Academic Support • Increase academic support Peer Motivated BEP Allow student to earn reinforcers to share with peers Horner, Hawken, Marsh

Targeted, individualized or small group interventions 􀁺 based on functional behavioral assessment information 􀁺 social skills instruction 􀁺 behavioral programming Multiple opportunities for high rates of academic success Daily behavioral monitoring -Self and/or adult Regular, frequent opportunities for positive reinforcement Home-school connection Requirements for Supplemental Interventions

Critical Features of Supplemental Interventions • 􀁼 Intervention is continuously available • 􀁼 Rapid access to intervention (less than a week) • 􀁼 Very low effort by teachers • 􀁼 Positive system of support • 􀁼 Implemented by all staff/faculty in a school • 􀁼 Flexible intervention based on assessment (FBA) • 􀁼 Consistent with school-wide expectations • 􀁼 Adequate resources (admin, team) • 􀁺 Weekly meetings • 􀁼 Student chooses to participate • 􀁼 Continuous monitoring for decision-making

Iowa Department of Education