supporting student behavior: standards for the emergency ... · program or curricular...

Standards for the Emergency Use of

Seclusion and Restraint

SUPPORTING STUDENT BEHAVIOR:

December 2006

State Board of Education

Kathleen N. Straus, PresidentJohn C. Austin, Vice PresidentCarolyn L. Curtin, Secretary

Marianne Yared McGuire, TreasurerNancy Danhof, NASBE Delegate

Elizabeth W. BauerReginald M. TurnerCasandra E. Ulbrich

Ex-OfficioJennifer M. Granholm, Governor

Michael P. Flanagan, Superintendent of Public Instruction

Nothing in this policy is intended to conflict with or limit the use of the “reasonablephysical force” permitted in Act 451 of 1976, Section 1312(4), otherwise known as theCorporal Punishment Act.

Supporting Student Behavior: Standards for theEmergency Use of Seclusion and Restraint

TABLE OF CONTENTS

Page Number

I. Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

II. School-wide Systems of Behavioral Support . . . . . . . . . . . . . . . . . . . . . . . 2

III. Positive Behavior Support . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

IV. Training . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

V. Seclusion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

VI. Restraint . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

Appendix A - State Board of Education Policy on Positive Behavior Support . . . . . . 19

Appendix B - Section 380.1312 of The Revised School Code . . . . . . . . . . . . . . . . . 20

Appendix C - References . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22

Appendix D - Frequently Asked Questions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23

I. Introduction

Michigan citizens are concerned about the use of seclusionand restraint in Michigan public schools. Acting on this con-cern, in May 2004 the Superintendent of Public Instructionconvened a statewide referent group. The diverse referentgroup, representing parents, advocates, educators, policymakers, and service providers, was charged to:

� develop standards for seclusion and restraint thatcould replace the existing State Board of Education(SBE) document entitled, Standards for Policy andProcedure Development in the Use of BehavioralInterventions;

� recommend substantive strategic directives; and� recommend implementation to the SBE.

The referent group was committed from the beginning tocreate standards that apply to all Michigan students. Thereferent group consulted a variety of sources in creating theoriginal recommendation. Statutes, rules, and policies fromother states were examined. Behavior guidelines from theWayne County Regional Educational Service Agency and theTraverse Bay Area Intermediate School District were alsoavailable as reference materials. The referent group agreedthat the SBE standards should:

� promote the care, safety, welfare, and security of theschool community and protect learning opportunitiesfor all;

� require the use of proactive and effective strategiesand best practices to reduce or eliminate seclusionand restraint;

� clearly define the terms “seclusion” and “restraint”;and

� clearly state the procedures for the use of seclusionand restraint.

Directed by the SBE, and built upon the work of the referentgroup, the Michigan Department of Education (MDE) staffwas charged with the task of editing the final document toaddress issues voiced by the SBE.

Behavior Intervention isa systematic implementa-tion of procedures thatresult in lasting positivechanges in an individual’sbehavior. Interventions mayinclude positive strategies,program or curricularmodifications, andsupplementary aids andsupports required toaddress the disruptivebehaviors in question. It ishelpful to use datacollected during afunctional behavioralassessment to develop theplan and to determine thediscrepancy between thestudent’s actual andexpected behavior. (Manualof Recommended Practice,Project REST, June 2004)

Emergency is a situationin which a student’s behav-ior poses imminent risk tothe safety of an individualstudent or to the safety ofothers. An emergencyrequires an immediateintervention.

Supporting Student Behavior:Standards for the Emergency Use of Seclusion and Restraint

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KEY TERMS

The Supporting Student Behavior: Standards for theEmergency Use of Seclusion and Restraint (SupportingStudent Behavior) document:

� summarizes how a positive behavior support approachuses proactive strategies to reduce or eliminate theuse of seclusion and restraint;

� defines the terms “seclusion” and “restraint”;� outlines procedures for emergency use of seclusion

and restraint; and� provides a framework for training.

The Supporting Student Behavior document is rooted in bestpractices and drafted in the belief that:

� the most effective strategies for supporting positivestudent behavior begin with meaningful instructionprovided by highly trained professionals in a safeenvironment which promotes dignity for all students;

� school-wide systems of positive behavioral support toaddress challenging behavior will increase instruction-al time for all; and

� seclusion or restraint should be used only in an emer-gency and requires diligent assessment, monitoring,documentation, and reporting by trained personnel.

II. School-wide Systems of Behavioral Support

It is the policy of the SBE that each school district inMichigan implement a system of school-wide positive behav-ior support (PBS) strategies (adopted September 12, 2006.See Appendix A). An effective school-wide system provides afull continuum of methods to support appropriate behavior,to promote safety, and to discourage violations of a school’sStudent Code of Conduct. The use of positive interventionssupport adaptive and pro-social behavior and foster dignityand self-esteem in students.

Implementation of a school-wide systematic approach willensure that seclusion and restraint are used only as a lastresort method.

Emergency SafetyIntervention is the use ofseclusion or restraint tode-escalate student behav-ior that poses an imminentrisk to the safety of anindividual student andothers.

Positive BehaviorSupport is a research-based system thataddresses challengingbehaviors in a collaborative,comprehensive, research-validated, and humanemanner.


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KEY TERMS

PBS is an example of an effective, research-based systemthat addresses challenging behaviors in a collaborative,comprehensive, research-validated, and humane manner.

III. Positive Behavior Support

PBS is not a new intervention package or a new theory ofbehavior. PBS applies a behaviorally-based approach thatenhances the capability of educators and parents to designeffective environments that support student learning andbehavior.

PBS emphasizes behavior that encourages learning by:

� building relationships;� creating routines;� teaching skills/rules/expectations;� identifying replacement behaviors for behaviors that

interfere with learning;� making problem behavior less effective, efficient, and

relevant; and� making the desired behavior more functional and

adaptive.

PBS injects research-validated practices into education tocreate and sustain learning environments that improve thequality of life for all students in their educational programs:general; special or alternative education; and preschoolthrough postsecondary.

PBS can be applied across three dimensions:

1. school-wide;2. targeted groups of students at-risk; and3. intensive effort for individual students.

Positive BehaviorSupport Plan is thedesign, implementation,and evaluation of individualor group instructional andenvironmental modifica-tions, including programs ofbehavioral instruction, toproduce significantimprovements in behaviorthrough skill acquisition andthe reduction ofproblematic behavior.


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KEY TERMS

The chart above, available at www.pbis.org, illustrates PBSas applied to the three key areas in schools:

1. approximately 80% of all students have zero to oneoffice referrals in a school that uses school-wide PBSpractices (e.g., school-wide behavior expectations,acknowledgement and encouragement of successfulbehavior, and staff modeling expectations);

2. approximately 15% of all students exhibit behaviorsthat benefit from targeted interventions (e.g., angermanagement group, social skills training, or adultmentor); and

3. approximately 5% of all students have challenges thatrequire specialized and intensive interventions, includ-ing an individualized plan of support.

The above percentages reflect the effect of properlyimplemented school-wide PBS approaches. Schools that doNOT have a school-wide PBS approach in place typically:

� have significantly larger percentages of studentsreceiving individualized attention (usually disciplinaryin nature) at the tertiary prevention level;

� do not use the secondary prevention approach thattargets at-risk groups of students efficiently and/oreffectively; and

� have significantly smaller percentages of studentswithin the universal level.


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~80% of Students

~15%

~5%

Tertiary Prevention (5%):Specialized IndividualizedSystems for Students With

High-Risk Behavior

Secondary Prevention(15%): Specialized Group

Systems for StudentsWith At-Rsk Behavior

Primary Prevention(80%): School-

/Classroom-WideSystems for ALL

Students, Staff, andSettings

Continuum of School-Wide Instructionaland Positive Behavior Support

In February 2000, the MDE created a comprehensive manualfor implementation of PBS for all students. The manualincludes strategies for self-assessing a school’s PBS status,resources and references, and computer-accessiblematerials.

Supporting Student Behavior is a document that will beeffective only when it is used with the companion manual,Positive Behavior Support for ALL Michigan Students:Creating Environments That Assure Learning (February2000) and its supplement, Positive Behavior Support forYoung Children (June 2001).

As part of a PBS system, attention must be given toemergency situations. School personnel need guidelines asto what is and is not appropriate in an emergency situation.Any use of seclusion or restraint must be viewed as a lastresort and undertaken only by trained personnel who arefamiliar with this policy and the Positive Behavior Supportfor ALL Michigan Students: Creating Environments ThatAssure Learning (February 2000) manual.

IV. Training

A. Training FrameworkA comprehensive training framework includes:

� awareness training for the broader educational com-munity, including pre-service training for all teachers;

� awareness training for substitute teachers; and� comprehensive training for key identified personnel.

B. Training ComponentsAll training must include:

� proactive practices and strategies that ensure thedignity of students;

� conflict resolution;� mediation;� social skills training;� de-escalation techniques;

De-EscalationTechniques are strategi-cally employed verbal ornon-verbal interventionsused to reduce the intensityof threatening behaviorbefore a crisis situationoccurs. (Manual ofRecommended Practice,Project REST, June 2004)


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KEY TERMS

� positive behavior support strategies;� techniques to identify student behaviors that may

trigger emergency safety situations;� related safety considerations, including information

regarding the increased risk of injury to students andstaff when seclusion or restraint is used;

� instruction in the use of seclusion and restraint;� identification of events and environmental factors that

may trigger emergency safety situations; and� instruction on the State Board of Education policy on

Supporting Student Behavior: Standards for theEmergency Use of Seclusion and Restraint.

C. Comprehensive Training for Key IdentifiedPersonnelA local educational agency (LEA) will identify sufficientkey personnel to ensure that trained personnel are avail-able for an emergency situation. Before using seclusionor restraint with students, key identified personnel whomay have to respond to an emergency safety situationmust be trained in:

� proactive practices and strategies that ensure thedignity of students;

� conflict resolution;� mediation;� social skills training;� de-escalation techniques;� positive behavior support strategies;� techniques to identify student behaviors that may

trigger emergency safety situations;� related safety considerations, including information

regarding the increased risk of injury to students andstaff when seclusion or restraint is used;

� instruction in the use of seclusion and restraint;� identification of events and environmental factors that

may trigger emergency safety situations;� instruction on the State Board of Education policy on

Supporting Student Behavior: Standards for theEmergency Use of Seclusion and Restraint;

� description and identification of dangerous behaviors;


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� methods for evaluating the risk of harm to determinewhether the use of seclusion or restraint is warranted;

� types of seclusion;� types of restraint;� the risk of using seclusion and restraint in considera-

tion of a student’s known and unknown medical orpsychological limitations;

� the effects of seclusion and restraint on ALL students;� how to monitor the physical signs of distress; and� how to obtain medical assistance.

V. Seclusion

A. Definition of Emergency SeclusionSeclusion is a last resort emergency safety interventionthat provides an opportunity for the student to regainself-control. Seclusion is the confinement of a student ina room or other space from which the student is physi-cally prevented from leaving and which provides for con-tinuous adult observation of the student. A room or areaused for seclusion:

� must not be locked;� must not prevent the student from exiting the area

should staff become incapacitated or leave that area;and

� must provide for adequate space, lighting, ventilation,viewing, and the safety of the student.

B. Limitations in Use1. Seclusion shall not be used:

� for the convenience of staff;� as a substitute for an educational program;� as a form of discipline/punishment;� as a substitute for less restrictive alternatives;� as a substitute for adequate staffing; or� as a substitute for staff training in positive behav-

ior supports and crisis prevention and intervention.

Behavior Intervention isa systematic implementa-tion of procedures thatresult in lasting positivechanges in an individual’sbehavior. Interventions mayinclude positive strategies,program or curricular modi-fications, and supplemen-tary aids and supportsrequired to address the dis-ruptive behaviors in ques-tion. It is helpful to usedata collected during afunctional behavioralassessment to develop theplan and to determine thediscrepancy between thestudent’s actual andexpected behavior. (Manualof Recommended Practice,Project REST, June 2004)


Emergency SafetyIntervention is the use ofseclusion or restraint tode-escalate student behav-ior that poses an imminentrisk to the safety of an indi-vidual student and others.

Seclusion is the confine-ment of a student in aroom or other space fromwhich the student isphysically prevented fromleaving and which providesfor continuous adultobservation of the student.


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KEY TERMS

2. Seclusion is inappropriate for students who areseverely self-injurious or suicidal.

C. Definition of TimeoutTimeout is a behavior intervention in which a student, fora limited and specified time, is placed in an environmentwhere access to positive reinforcement is unavailable.Timeout should not be confused with seclusion becausein a timeout setting a student’s movement is not physi-cally restricted.

Timeout lies within a continuum of procedures that helpstudents self-regulate and control their behavior. Thetimeout continuum is:

� planned ignoring;� withdrawal of materials;� contingent observation; and� exclusionary timeout.

D. Use of Emergency SeclusionA behavior that requires immediate intervention consti-tutes an emergency. Emergency seclusion must be usedonly under emergency situations and if essential. Anemergency that may require the use of seclusion includesbehavior that:

� poses an imminent risk to the safety of an individualstudent; or

� poses an imminent risk to the safety of others.

E. General Procedures for EmergencySeclusion1. An emergency seclusion may not be used in place of

appropriate less restrictive interventions.

2. Emergency seclusion shall be performed in a mannerthat is:

� safe;� appropriate; and� proportionate to and sensitive to the student’s:� severity of behavior;

Timeout is a behaviormanagement technique inwhich a student, for a limit-ed and specified time, isplaced in an environmentwhere access to positivereinforcement is unavail-able. Timeout should not beconfused with seclusionbecause in a timeoutsetting a student’s move-ment is not physicallyrestricted. (Manual ofRecommended Practice,Project REST, June 2004)

Timeout ContinuumPlanned Ignoring is thesystematic withdrawal ofsocial attention for apredetermined timeperiod upon the onset ofmild levels of problembehavior.

Withdrawal ofMaterials occurs whenmaterials that thestudent is using areremoved upon theoccurrence of theinappropriate behavior.

ContingentObservation takes placewhen the studentremains in a position toobserve the groupwithout participating orreceiving reinforcementfor a specified period oftime.


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KEY TERMS

� chronological and developmental age;� physical size;� gender;� physical condition;� medical condition;� psychiatric condition; and� personal history, including any history of

physical or sexual abuse.

3. Staff shall immediately call for help from within thebuilding at the onset of an emergency.

� An LEA must ensure that substitute teachers areinformed of all local emergency procedures, includ-ing the emergency use of seclusion and restraint.

4. Time and Duration – Emergency seclusion shouldnot be used any longer than necessary to allow astudent to regain control of his/her behavior, butgenerally:

� elementary school students – no longer than 15minutes; and

� middle and high school students – no longer than20 minutes.

� If an emergency seclusion lasts longer than thesuggested maximum time, the following arerequired:� additional support (e.g., change of staff,

introducing a nurse or specialist, obtainingadditional expertise); and

� documentation to explain the extension beyondthe time limit.

5. Staff Requirements – While using seclusion, staffmust:

� involve appropriately-trained key identified person-nel to protect the care, welfare, dignity, and safetyof the student;

� continually observe the student in seclusion forindications of physical distress and seek medicalassistance if there is a concern; and

� document observations.

Timeout ContinuumExclusionary Timeoutoccurs when the studentis removed from theimmediate instructionalsetting in response tobehavior that requiresimmediate and directcessation. This form oftimeout can take placewithin the same class-room or in a nearbylocation supervised by anadult. (Using Timeout inan Effective and EthicalManner)


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KEY TERMS

6. Documentation and Reporting – Each use of anemergency seclusion and the reason for each useshall be:

� documented in writing and reported to the buildingadministration immediately;

� reported to the parent or guardian immediately oras soon as possible; and

� documented in a written report for each use ofseclusion (including multiple uses within a givenday) and given to the parent or guardian within 24hours.

7. Debrief – After any use of an emergency seclusion,staff must debrief and consult with parents and stu-dents (as appropriate) regarding the determination offuture actions. Questions to address include:

� what precipitated the behavior that required emer-gency intervention?

� is there any anticipation that the behavior willoccur again?

� is there a need for follow-up action?� what is the specific follow-up action?

8. Reoccurring Behavior – Should a pattern of behav-ior emerge, or be anticipated, which may require theuse of emergency seclusion, the school personnelmust:

� conduct a functional behavioral assessment;� develop or revise a positive behavior support plan

(PBS) to facilitate the reduction or elimination ofthe use of seclusion;

� develop an assessment and planning process con-ducted by a team knowledgeable about the stu-dent, including:� the parent;� the student (if appropriate);� people responsible for implementation of the

PBS; and� people knowledgeable in PBS.

Functional BehaviorAssessment is a system-atic process for identifyingthe events that trigger andmaintain problem behaviorin an educational setting. Afunctional behaviorassessment will describespecific problematic behav-iors, report the frequencyof the behaviors, assessenvironmental and othersetting conditions whereproblematic behaviorsoccur, and identify thefactors that are maintainingthe behaviors over time.(Manual of RecommendedPractice, Project REST, June2004)


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KEY TERMS

9. Emergency Intervention Plan – Should a patternof behavior that requires the use of emergency seclu-sion emerge, or be anticipated, an emergency inter-vention plan should be developed in addition to PBSto protect the health, safety, and dignity of thestudent. The emergency intervention plan should bedeveloped in partnership with the parent by a teamthat includes a person knowledgeable about seclusion.The emergency intervention plan should be developedand implemented by taking the following documentedsteps:

� describe in detail the emergency intervention pro-cedures;

� inquire of the student’s medical personnel (withparent consent) regarding any known medical orhealth contraindications for the use of seclusion;

� conduct a peer review by knowledgeable staff; and� gain informed consent from the parent after pro-

viding the following:� an explanation of emergency procedures to be

followed and the purpose for the emergencyseclusion;

� a description of possible discomforts or risks;� a discussion of possible alternative strategies

with advantages and disadvantages;� answers to any questions; and� information on freedom to withdraw consent at

any time.

When seclusion is included in an emergency interven-tion plan, the student should be told or shown thecircumstances under which the emergency seclusionwill be used. If concerns arise regarding humanenessor social acceptability, a human rights’ committeeshould be convened to review the emergencyintervention plan. As defined in the emergency inter-vention plan the committee should:

� provide periodic review of the plan and relateddata;

� ensure that responsible staff are trained in thespecific techniques described in the emergencyintervention plan; and

Informed Consent iswhen a parent or guardianhas been fully informed ofall information relevant tothe activity for whichconsent is sought. Theparent or guardian agreesin writing to the carryingout of the activity and thatgranting of consent isvoluntary and may berevoked.


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KEY TERMS

� ensure necessary staffing is maintained at alltimes.

It is essential to this policy that seclusion be usedonly in response to an emergency as defined in thisdocument, and not as a planned response for the con-venience of staff, discipline or punishment, or as asubstitute for an appropriate educational program.

10. Data Collection – The school district shall develop asystem of data collection regarding the use ofseclusion. The data should:

� be analyzed to determine the efficacy of theschool’s school-wide system of behavioral support;

� be analyzed in the context of suspension, expul-sion, and dropout data;

� be analyzed for the purposes of continuousimprovement of training and technical assistancetoward the reduction or elimination of seclusion;

� be analyzed on a schedule determined by theMDE;

� be reported to the MDE; and� include a list of appropriately-trained key identified

personnel and their levels of:� education;� training; and� knowledge.

F. Prohibited PracticesThe following are prohibited under all circumstances,including emergency situations:

� corporal punishment as defined in §380.1312(1) ofThe Revised School Code, 1976 PA 451;

� the deprivation of basic needs;� anything constituting child abuse;� seclusion of preschool children; and� the intentional application of any noxious sub-

stance(s) or stimuli which results in physical painor extreme discomfort. A noxious substance orstimuli can either be generally acknowledged orspecific to the student.

Prohibited Practices. Thefollowing are prohibitedunder all circumstances,including emergency situa-tions: corporal punishmentas defined in §380.1312(1)of The Revised SchoolCode, 1976 PA 451; thedeprivation of basic needs;anything constituting childabuse; seclusion ofpreschool children; and theintentional application ofany noxious substance(s)or stimuli which results inphysical pain or extremediscomfort. A noxious sub-stance or stimuli can eitherbe generally acknowledgedor specific to the student.


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KEY TERMS

VI. Restraint

A. DefinitionsThere are three types of restraint: physical, chemical,and mechanical.

1. Physical Restraint involves direct physical contactthat prevents or significantly restricts a student’smovement. Restraint is a last resort emergency safetyintervention. Restraint is an opportunity for the stu-dent to regain self-control. This policy on physicalrestraint is not intended to forbid actions undertaken:

� to break up a fight;� to take a weapon away from a student;� as the brief holding by an adult in order to calm or

comfort;� as the minimum contact necessary to physically

escort a student from one area to another;� to assist a student in completing a task/response if

the student does not resist or resistance is mini-mal in intensity or duration; or

� to hold a student for a brief time in order toprevent an impulsive behavior that threatens thestudent’s immediate safety (e.g., running in frontof a car).

2. Chemical Restraint is the administration of medica-tion for the purpose of restraint. Chemical restraintdoes not apply to medication prescribed by andadministered in accordance with the directions of aphysician.

3. Mechanical Restraint means the use of any device,article, garment, or material attached to or adjacentto a student’s body that restricts normal freedom ofmovement and that cannot be easily removed by astudent. Mechanical restraint does not include:

� an adaptive or protective device recommended bya physician or therapist (when it is used asrecommended); or

� safety equipment used by the general student


Physical Escort is thetouching or holding of astudent with a minimumuse of contact for thepurpose of directing move-ment from one place toanother.

RestraintChemical Restraint isthe administration ofmedication for thepurpose of reducing orrestricting an individual’sfreedom of movement.

Physical Restraint isthe application of physi-cal force by one or moreindividuals that reducesor restricts a student’sfreedom of movement.Physical restraint of astudent may only beused for the purpose ofproviding safety andsupport.

Mechanical Restraint isthe use of any device,article, garment, ormaterial attached oradjacent to the student'sbody that the studentcannot easily remove,and that restricts free-dom of movement.


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KEY TERMS

population as intended (for example, seat belts,safety harness on school transportation).

B. Limitations in UseRestraint shall not be used for:

� the convenience of staff;� as a substitute for an educational program;� as a form of discipline/punishment;� as a substitute for less restrictive alternatives;� as a substitute for adequate staffing; or� as a substitute for staff training in positive behav-

ior supports and crisis prevention and intervention.

C. Use of Emergency RestraintA behavior that requires immediate intervention consti-tutes an emergency. Emergency restraint must be usedonly under emergency situations and if essential. Anemergency that may require the use of restraint includesbehavior that:

� poses an imminent risk to the safety of anindividual student;

� poses an imminent risk to the safety of others; or� is otherwise governed by The Revised School

Code, 1976 PA 451, otherwise known as theCorporal Punishment Act.

D. General Procedures for EmergencyRestraint1. An emergency restraint procedure may not be used in

place of appropriate less restrictive interventions.

2. Emergency restraint shall be performed in a mannerthat is:

� safe;� appropriate; and� proportionate to and sensitive to the student’s:� severity of behavior;� chronological and developmental age;� physical size;

Emergency SafetyIntervention is the use ofseclusion or restraint tode-escalate student behav-ior that poses an imminentrisk to the safety of anindividual student andothers.


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KEY TERMS

� gender;� physical condition;� medical condition;� psychiatric condition; and� personal history, including any history of

physical or sexual abuse.

3. Staff shall immediately call for help from within thebuilding at the onset of an emergency.

� An LEA must ensure that substitute teachers areinformed of all local emergency procedures, includ-ing the emergency use of seclusion and restraint.

4. Time and Duration – Restraint should not be used:

� any longer than necessary to allow students toregain control of their behavior; and

� generally no longer than ten minutes.

If an emergency restraint lasts longer than tenminutes, the following are required:

� additional support (e.g., change of staff, introduc-ing a nurse or specialist, obtaining additionalexpertise); and

� documentation to explain the extension beyondthe time limit.

5. Staff Requirements – While using restraint,staff must:

� involve appropriately-trained key identified person-nel to protect the care, welfare, dignity, and safetyof the student;

� continually observe the student in restraint forindications of physical distress and seek medicalassistance if there is a concern; and

� document observations.

6. Documentation and Reporting – Each use of anemergency restraint and the reason for each useshall be:


15

� documented in writing and reported to the buildingadministration immediately;

� reported to the parent or guardian immediately oras soon as possible; and

� documented in a written report for each use ofphysical restraint (including multiple uses within agiven day) and given to the parent or guardianwithin 24 hours.

7. Debrief – After any use of an emergency restraint,staff must debrief and consult with parents and stu-dents (as appropriate) regarding the determination offuture actions. Questions to address include:

� What precipitated the behavior that requiredemergency intervention?

� Is there any anticipation that the behavior willoccur again?

� Is there a need for follow-up action?� What is the specific follow-up action?

8. Reoccurring Behavior – Should a pattern of behav-ior emerge, or be anticipated, which may require theuse of emergency restraint, the school personnelmust:

� conduct a functional behavioral assessment;� develop or revise a PBS plan to facilitate the

reduction or elimination of the use of restraint;� develop an assessment and planning process

conducted by a team knowledgeable about thestudent, including:� the parent;� the student (if appropriate);� people who are responsible for implementation

of the PBS plan; or� people who are knowledgeable in PBS.

It is essential to this policy that restraint be used onlyin response to an emergency as defined in thisdocument, and not as a planned response for theconvenience of staff, discipline or punishment, or as asubstitute for an appropriate educational program.

Functional BehaviorAssessment is a system-atic process for identifyingthe events that trigger andmaintain problem behaviorin an educational setting. AFunctional BehaviorAssessment will describespecific problematic behav-iors, report the frequencyof the behaviors, assessenvironmental and othersetting conditions whereproblematic behaviorsoccur, and identify thefactors that are maintainingthe behaviors over time.(Manual of RecommendedPractice, Project REST, June2004)


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KEY TERMS

9. Emergency Intervention Plan – Should a patternof behavior that requires the use of emergencyrestraint emerge, or be anticipated, an emergencyintervention plan should be developed in addition tothe PBS to protect the health, safety, and dignity ofthe student. The emergency intervention plan shouldbe developed in partnership with the parent by ateam that includes a person knowledgeable aboutrestraint. The emergency intervention plan should bedeveloped and implemented by taking the followingdocumented steps:

� describe in detail the emergency interventionprocedures;

� inquire of the student’s medical personnel (withparent consent) regarding any known medical orhealth contraindications for the use of restraint;

� conduct a peer review by knowledgeable staff;� gain informed consent from the parent after

providing the following:� an explanation of emergency procedures to be

followed and the purpose for the emergencyrestraint;

� a description of possible discomforts or risks;� a discussion of possible alternative strategies

with advantages and disadvantages;� answers to any questions; and� information on freedom to withdraw consent at

any time.

When restraint is included in an emergency interven-tion plan, the student should be told or shown thecircumstances under which the emergency restraintwill be used. If concerns arise regarding humanenessor social acceptability, a human rights’ committeeshould be convened to review the emergencyintervention plan. As defined in the emergency inter-vention plan, the committee should:

� provide periodic review of the plan and relateddata;

� ensure that responsible staff are trained in thespecific techniques described in the emergencyintervention plan; and

� ensure that necessary staffing is maintained at alltimes.

Informed Consent iswhen a parent or guardianhas been fully informed ofall information relevant tothe activity for whichconsent is sought. Theparent or guardian agreesin writing to the carryingout of the activity and thatgranting of consent isvoluntary and may berevoked.


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KEY TERMS

10. Data Collection – The school district shall develop asystem of data collection regarding the use ofrestraint. The data should:

� be analyzed to determine the efficacy of theschool’s school-wide system of behavioral support;

� be analyzed in the context of suspension, expul-sion, and dropout data;

� be analyzed for the purposes of continuousimprovement of training and technical assistancetoward the reduction or elimination of restraint;

� be analyzed on a schedule determined by theMDE;

� be reported to the MDE;� include a list of appropriately-trained key identified

personnel and their levels of:� education;� training; and� knowledge.

E. Prohibited PracticesThe following procedures are prohibited under all circum-stances, including emergency situations:

� mechanical restraint;� chemical restraint;� corporal punishment as defined in §380.1312(1) of

The Revised School Code, 1976 PA 451, otherwiseknown as the Corporal Punishment Act;

� the deprivation of basic needs;� anything constituting child abuse;� any restraint that negatively impacts breathing;� Prone restraint:� school personnel who find themselves involved

in the use of a prone restraint as the result ofresponding to an emergency must take immedi-ate steps to end the prone restraint; and

� the intentional application of any noxious sub-stance(s) or stimuli which results in physical painor extreme discomfort. A noxious substance orstimuli can either be generally acknowledged orspecific to the student.

RestraintProne Restraint is therestraint of a person facedown.

Restraints that nega-tively impact breathinginclude floor restraints,facedown position, or anyposition in which aperson is bent over insuch a way that it isdifficult to breathe. Thisincludes a seated orkneeling position in whicha person being restrainedis bent over at the waist.Sitting or lying across aperson’s back or stomachcan interfere with breath-ing. When a person islying facedown, evenpressure to the arms andlegs can interfere with aperson’s ability to movetheir chest or abdomen inorder to breatheeffectively.

Prohibited Practices areprocedures prohibitedunder all circumstancesincluding emergencysituations. See bulleteditems at left.


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KEY TERMS


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Appendix A

MichiganState Board of Education

POSITIVE BEHAVIOR SUPPORT POLICY

The vision of the State Board of Education is to create learning environments that pre-pare students to be successful citizens in the 21st Century. The educational communitymust provide a system that will support students’ efforts to manage their own behaviorand assure academic achievement. An effective behavior support system is a proactive,positive, skill-building approach for the teaching and learning of successful studentbehavior. Positive behavior support systems ensure effective strategies that promote pro-social behavior and respectful learning environments. Research-based positive behaviorsupport systems are appropriate for all students, regardless of age.

The principles of Universal Education reflect the beliefs that each person deserves andneeds a positive, concerned, accepting educational community that values diversity andprovides a comprehensive system of individual supports from birth to adulthood. A posi-tive behavior support policy incorporates the demonstration and teaching of positive,proactive social behaviors throughout the school environment.

A positive behavior support system is a data-based effort that concentrates on adjustingthe system that supports the student. Such a system is implemented by collaborative,school-based teams using person-centered planning. School-wide expectations for behav-ior are clearly stated, widely promoted, and frequently referenced. Both individual andschool-wide learning and behavior problems are assessed comprehensively. Functionalassessment of learning and behavior challenges is linked to an intervention that focuseson skill building. The effectiveness of the selected intervention is evaluated and reviewed,leading to data-based revisions. Positive interventions that support adaptive and pro-social behavior and build on the strengths of the student lead to an improved learningenvironment. Students are offered a continuum of methods that help them learn andmaintain appropriate behavior and discourage violation of codes of student conduct.

In keeping with this vision, it is the policy of the State Board of Education that eachschool district in Michigan implement a school-wide positive behaviorsupport strategy.

Adopted September 12, 2006

Appendix B

The Revised School Code (Excerpt)Act 451 of 1976

380.1312 “Corporal punishment” defined; infliction of corporal punishment byemployee, volunteer, or contractor; exercise of necessary reasonable physicalforce; liability; violation; deference given to reasonable good-faith judgments;development, implementation, and enforcement of code of student conduct;model list of alternatives to use of corporal punishment; authority permittingcorporal spunishment void.

Sec. 1312.(1) As used in this section, “corporal punishment” means the deliberate infliction ofphysical pain by hitting, paddling, spanking, slapping, or any other physical forceused as a means of discipline.(2) Corporal punishment does not include physical pain caused by reasonable physi-cal activities associated with athletic training.(3) A person employed by or engaged as a volunteer or contractor by a local orintermediate school board or public school academy shall not inflict or cause to beinflicted corporal punishment upon any pupil under any circumstances.(4) A person employed by or engaged as a volunteer or contractor by a local orintermediate school board or public school academy may use reasonable physicalforce upon a pupil as necessary to maintain order and control in a school or school-related setting for the purpose of providing an environment conducive to safety andlearning. In maintaining that order and control, the person may use physical forceupon a pupil as may be necessary for 1 or more of the following:

(a) To restrain or remove a pupil whose behavior is interfering with the orderlyexercise and performance of school district or public school academy functionswithin a school or at a school-related activity, if that pupil has refused to complywith a request to refrain from further disruptive acts.(b) For self-defense or the defense of another.(c) To prevent a pupil from inflicting harm on himself or herself.(d) To quell a disturbance that threatens physical injury to any person.(e) To obtain possession of a weapon or other dangerous object upon or withinthe control of a pupil.(f) To protect property.

(5) A person employed by or engaged as a volunteer or contractor by a local orintermediate school board or public school academy who exercises necessary rea-sonable physical force upon a pupil, or upon another person of school age in aschool-related setting, as described in subsection (4) is not liable in a civil action fordamages arising from the use of that physical force and is presumed not to haveviolated subsection (3) by the use of that physical force. This subsection does not


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alter or limit a person’s immunity from liability provided under 1964 PA 170, MCL691.1401 to 691.1415.(6) A person who willfully or through gross negligence violates subsection(3) or who willfully or through gross negligence violates subsection (4) may be appro-priately disciplined by his or her school board or public school academy.This subsection does not limit a school board’s or public school academy’s authority todiscipline an employee for a violation of its own policies.(7) In determining whether an employee, volunteer, or contractor has acted in accor-dance with subsection (4), deference shall be given to reasonable good-faithjudgments made by that person.(8) A local or intermediate school district or a public school academy shall developand implement a code of student conduct and shall enforce its provisions with regardto pupil misconduct in a classroom, elsewhere on school premises, on a school bus orother school-related vehicle, or at a school sponsored activity or event whether ornot it is held on school premises.(9) The department shall develop a model list of alternatives to the use of corporalpunishment. This model list shall be developed in consultation with organizations thatrepresent the interests of teachers, school employees, school boards, school adminis-trators, pupils, parents, and child advocates, plus any other organization that thestate board of education may wish to consult. The department shall send this modellist to each school district, public school academy, and intermediate school district inthe state and to each nonpublic school in the state that requests it. A local orintermediate school board or public school academy shall approve and cause to bedistributed to each employee, volunteer, and contractor a list of alternatives to theuse of corporal punishment. Upon request, the department of education shall provideassistance to schools in the development of programs and materials to implement thissection.(10) Any resolution, bylaw, rule, policy, ordinance, or other authority permittingcorporal punishment is void.

History: 1976, Act 451, Imd. Eff. Jan. 13, 1977 ;-- Am. 1988, Act 521, Eff. Mar. 30,1989 ;-- Am. 1992, Act 6, Imd. Eff. Mar. 10, 1992 ;-- Am. 1995, Act 289, Eff. July 1,1996 ;-- Am. 2000, Act 461, Imd. Eff. Jan. 10, 2001Popular Name: Act 451


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Appendix C

References

Crisis Prevention Institute, Inc., Risks of Restraints, 2002, Brookfield, WI

Iowa Department of Education, Using Timeout in an Effective and Ethical Manner,September 2003, Des Moines, IA

Family Resource Center for Disabilities and Special Needs, Manual of RecommendedPractice: Project REST, June 2004, South Carolina


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QQ&&AAFREQUENTLY ASKED QUESTIONS

SUPPORTING STUDENT BEHAVIOR:STANDARDS FOR THE EMERGENCY USE OF

SECLUSION AND RESTRAINT

QUESTIONS ANSWERS


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Does the Supporting StudentBehavior: Standards for theEmergency Use of Seclusionand Restraint (Standards) onlyapply to special educationstudents?

No, the standards are for ALL students.

Why do we need standards onseclusion and restraint?

The standards were written to address studentbehavior that has escalated to an emergency situa-tion. The standards provide guidance to school per-sonnel to address emergency situations in a mannerthat will protect the health, safety, and dignity ofthe students and adults.

Why do the standards beginwith the discussion of PositiveBehavior Supports (PBS)?

On September 12, 2006, the State Board ofEducation (SBE) deliberately adopted the PositiveBehavior Support (PBS) policy before the standardsto ensure that schools would implement a school-wide systematic approach to address challengingbehaviors that would ensure that seclusion andrestraint will only be used as a last resort response.

Are the standards aboutstudent discipline?

No. The standards are a guideline for emergency sit-uations. The Corporal Punishment Act alreadyrequires school districts to develop and implement acode of student conduct to deal with discipline. Thestandards target very specific types of behavioralinterventions used to manage individual studentbehavior in emergency situations.

Are all schools required tofollow the standards?

It is the SBE’s intention that all public schools followthese Standards.

Must local school districtsdevelop their own policy onseclusion and restraint?

No. Local school districts are free to use the stan-dards “as is” or develop their own standards. It isthe intention of the SBE that the provisions in theDecember 12, 2006 standards be followed by allschool districts in the state.

What about the CorporalPunishment Act? Do thesestandards restrict the use ofreasonable force that isnecessary to create a safeschool environment, as statedin the law?

No. That is not the intent of the standards. TheCorporal Punishment Act allows reasonable physicalforce as necessary to maintain order and control ina school or school-related activity for the purpose ofproviding an environment conducive to safety andlearning.

QUESTIONS ANSWERS


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Is the emergency use of seclu-sion and restraint allowed toprotect property?

No. The emergency uses of seclusion and restraintare meant to protect students and staff.

Do these standards apply tooutside of the classroom?

These standards cover all school environments andschool-sponsored events and activities.

The standards address theemergency use of seclusionand restraint. What constitutesan “emergency”?

An emergency means an imminent risk to thesafety of a student or others. It is a sudden, unex-pected occurrence demanding immediate action.

Do these standards apply topreschool children?

If the preschool is run by a school district, then thepreschool program must follow the Standards.Private preschools are not bound by SBE policies orstandards. Preschool students are not to besecluded.

Does my school have to have a“seclusion room”?

No.

Can a seclusion room ever belocked?

No. The student may never be prevented from exit-ing the area should staff become incapacitated orleave the area.

Can staff ask that another stu-dent be requested to monitor astudent in seclusion?

No.

Can a student be involved inthe restraint of anotherstudent?

No.

If staff find themselvesinvolved in a prone restraint,what should they do?

Prone restraints are not allowed under the policy.Staff must take immediate steps to end the pronerestraint.

Do the standards prohibit allfloor restraints?

Prone restraints and any restraints that negativelyimpact breathing are prohibited.

QUESTIONS


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Do the restrictions onmechanical restraint apply torestraints used for transporta-tion (such as seat belts orwheelchair tie-downs), orthose used to assist thestudent with body positioningand/or physical functioning?

No. There would be no prohibition of any adaptiveor protective device recommended by a physician ortherapist when used as recommended, or safetyequipment used by the general student populationas intended. The use of an adaptive or protectivedevice should be referenced in the IndividualizedEducation Program (IEP) or 504 Plan of a studentwith a disability.

Do school personnel ever needto call for outside assistance inan emergency?

Staff shall immediately call for help from within thebuilding at the onset of an emergency. Firstresponders (emergency medical services, the police,or others) may need to be called by schoolpersonnel. This is part of a school’s crisismanagement plan.

What are the two levels oftraining?

Awareness training and comprehensive training arethe two levels of training in the policy.

Who is required to receiveawareness training?

The “broader educational community” may includeschool personnel, such as teachers, paraprofession-als, administrators, and support staff. Other peoplewho make up the “broader educational community”may include school volunteers, the school board,coaches, pre-service teachers, and substituteteachers.

What is meant by “pre-service”training?

Pre-service training is provided by institutions ofhigher education, teacher preparation programs.

Who is required to havecomprehensive training?

Key identified personnel.

Who are key identifiedpersonnel?

The staff that would respond to emergencysituations. It is up to the school district to determine“key identified” personnel. However, the schooldistrict must ensure that trained personnel areavailable in case of emergency situations.

Must a person have compre-hensive training before usingseclusion and/or restraint?

Yes.

ANSWERS


QUESTIONS ANSWERS

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How many “key identified”personnel are required perschool?

A local educational agency (LEA) must have suffi-cient trained “key personnel.” The Standards do notrequire a specific number. Rather, the LEA willdetermine the number of key personnel neededbased on local needs. However, the school districtmust ensure that trained personnel are available incase of emergency situations.

Must a school district contractwith an outside vendor toprovide this training?

No. The LEA may utilize any trainers they choose aslong as the requirement listed in the Standards areincorporated into the training.

How often must staff betrained?

After initial training, it is important to periodicallyupdate skills. The standards do not require a specificre-training timeline. However, to be effective, previ-ously trained staff may need a refresher ses-sions.

Does a school need to collectdata regarding seclusion andrestraint?

Yes.

What type of data must becollected?

Each incident of an emergency seclusion orrestraint, and the reason for the use, must bereported to the parent and to the MichiganDepartment of Education (MDE).

What will the data be used for? The data should be analyzed by the LEA as part ofcontinuous school improvement activities. The datarequired under these Standards should be examinedalong-side suspension, expulsion, and dropout data.The MDE will use the data to analyze the use ofseclusion and/or restraint in Michigan and to deter-mine if the Standards need be updated.

Must school personnel verballycontact each parent after eachincident of seclusion and/orrestraint?

School personnel must attempt to contact theparents “immediately” or “as soon as possible” afteran incident. This contact can be verbal or in person.With parent agreement, when seclusion or restraintis part of an emergency response positive behaviorsupport plan, the incident reports may be includedin scheduled review meetings.

QUESTIONS ANSWERS


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Does a phone messageconstitute reporting to theparent?

All reasonable means should be utilized to contactthe parent immediately. However, in some cases avoicemail message may be the only means ofcontact.

Must I report each incidence ofa seclusion or restraint to theMDE?

Yes, including reoccurring incidences that may beseparated by only short periods of time.

Are residential facilities with anon-site school not run by apublic school district requiredto follow the SBE standards?

No.

Are school personnel inresidential facilities thatcontract with an LEA or inter-mediate school district to runthe education programrequired to follow SBEstandards?

Yes.

What is the difference betweenpeer review and a humanrights committee?

The role of a peer review is advisory. Individualswho conduct a peer review of a proposed behaviorintervention plan have a legitimate educationalinterest in the student in that they provide aprofessional review of the plan and make recom-mendations to the behavior intervention teamregarding proposed interventions. A human rightscommittee review should be convened if a concernarises regarding the humaneness of a proposedbehavior intervention plan that incorporates lastresort methods.

Michigan Department of EducationOffice of Special Education &Early Intervention ServicesPO Box 30008Lansing, Michigan 48909(517) 373-0923www.michigan.gov

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