HOUSE BILL 1032 Seclusion and Restraint Power Point

HOUSE BILL 1032 Seclusion and Restraint Power. Point By: Joe Simmons Department of Public Instruction Edits for this presentation by Pamela Jackson Northampton County Schools

Objective for Today ¡ To obtain an awareness of Seclusion and Restraint: House Bill 1032 and its requirements.

I. Pre-Existing North Carolina Statutory Law N. C. Gen. Stat. § 115 C-391(a)(in part). Corporal punishment, suspension, or expulsion of pupils. ¡ Notwithstanding any school board discipline policies, “school personnel may use reasonable force, including corporal punishment, to control behavior or to remove a person from the scene in those situations when necessary to: 1. ) To quell a disturbance threatening injury to others; 2. ) To obtain possession of weapons or other dangerous objects on the person, or within the control, of a student; 3. ) For self-defense; 4. ) For the protection of persons or property; or 5. ) To maintain order on school property, in the classroom, or at a school-related activity on or off school property. ”

I. Pre-Existing North Carolina Statutory Law N. C. Gen. Stat. § 115 C-390. School personnel may use reasonable force. ¡ “Except as restricted or prohibited by rules adopted by the local boards of education, principals, teachers, substitute teachers, voluntary teachers, and teacher assistants and student teachers in the public schools of this State may use reasonable force in the exercise of lawful authority to restrain or correct pupils and maintain order. ”

Deborah Greenblatt Act Section 1 Deborah Greenblatt, a North Carolina attorney, was primarily responsible for bringing together the diverse coalition of disability advocates and education stakeholders who drafted the current bill promoting the safe use of seclusion and restraint in public schools. Unfortunately, she was not able to see the final passage of the bill. Deborah died Monday, June 13, 2005. Deborah was a passionate advocate for children and adults with mental disabilities in her role as the executive director of Carolina Legal Assistance for the past twenty-three years. She was described by colleagues as a “warrior for justice” and “a hero to others. ” Deborah represented clients in special education disputes, fair housing cases, class action suits for individuals in state hospitals and employment discrimination cases

II. Relevant Case Law A. Reasonable Force Defined Gaspersohn by Gaspersohn v. Harnett County Bd. of Educ. , 75 N. C. App. 23, 29, 330 S. E. 2 d 489, 493 -94 (1985) ¡ B. Ensuring Safety is a Responsibility of the School District Bd. of Educ. of Independent School District No. 92 of Pottawatomie County v. Earls, 536 U. S. 822, 830 -31 (2002). ¡

III. Physical Restraint (House Bill 1032) ¡ A. Definition Physical restraint means the use of physical force to restrict the free movement of all or a portion of a student’s body. North Carolina law only permits the use of physical restraint in the circumstances listed in G. S. 115 C-391. 1(c)(1). Any use of physical restraint in circumstances not listed in the statute, including the use of physical restraint solely as a disciplinary consequence, is deemed unreasonable and is prohibited.

B. Physical Restraint shall be considered to be a reasonable force when used in the following circumstances: 1. as reasonably needed to obtain possession of weapons or other dangerous objects on the person, or within the control of a student; 2. as reasonably needed to maintain order or to prevent or break up a fight; 3. as reasonably needed for self-defense; 4. as reasonably needed to ensure the safety of any student, employee, volunteer, or other person present; 5. as reasonably needed to teach a skill, to calm or comfort a student, or to prevent self-injurious behavior; 6. as reasonably needed to escort a student safely from one area to another; 7. if used as provided for in an IEP, Section 504, or behavior intervention an; or 8. as reasonably needed to prevent imminent destruction to school or another person’s property. N. C. Gen. Stat. § 115 C-391. 1(c)(1) (House Bill 1032).

C. Except as set forth in subsection B: ¡ physical restraint of students shall not be considered a reasonable use of force and its use is prohibited. N. C. Gen. Stat. § 115 C-391. 1(c)(2) (House Bill 1032).

D. Physical restraint shall not be: ¡ considered a reasonable use of force when used solely as a disciplinary consequence. N. C. Gen. Stat. § 115 C-91. 1(c)(3) (House Bill 1032).

E. This shall not be construed to prevent: l the use of force by law enforcement officers in the lawful exercise of their law enforcement duties. N. C. Gen. Stat. § 115 C-391. 1(c)(4) (House Bill 1032).

IV. Mechanical Restraint (House Bill 1032) ¡ A. Definition Mechanical restraint means the use of any device or material attached or adjacent to a student’s body that restricts freedom of movement or normal access to any portion of the student’s body and that the student cannot easily remove. Mechanical restraint may only be used in the following circumstances:

B. Mechanical restraint of student by school personnel is permissible only in the following circumstances: 1. when properly used as assistive technology device included in the student’s IEP, Section 504, Behavior Intervention Plan, or as otherwise prescribed by a medical or related service provider; 2. when using seat belts or other safety restraints to secure students during transportation; 3. as reasonably needed to obtain possession of weapons or other dangerous objects on the person or within the control of a person; 4. as reasonably needed for self-defense; 5. as reasonably needed to ensure the safety of any student, employee, volunteer, or other person. N. C. Gen. Stat. § 115 C-391. 1(d)(1)(1)(House Bill 1032).

C. Except as set forth in subsection B. above ¡ mechanical restraint, including the tying, taping, or strapping down of a student shall not be considered to be a reasonable use of force and its use is prohibited. N. C. Gen. Stat. § 115 C-391. 1(d)(1)(2) (House Bill 1032).

D. This shall not be construed: ¡ to prevent the use of mechanical restraint devices, such as handcuffs, by law enforcement officers in the lawful exercise of their law enforcement duties. N. C. Gen. Stat. § 115 C-391. 1(d)(3) (House Bill 1032).

V. Seclusion l A. Definition School personnel may seclude a student if seclusion is required to ensure the safety of the student or others as outlined below. A student placed in seclusion may be confined alone in an enclosed space from which the student is physically prevented from leaving by locking hardware or other means, or from which the student is not capable of leaving due to physical or intellectual capacity.

B. Seclusion of students by school personnel may be used in the following circumstances: 1. as reasonably needed to respond to a person in control of a weapon or other dangerous object; 2. as reasonably needed to maintain order or prevent or break up a fight; 3. as reasonably needed for self-defense; as reasonably needed when a student’s behavior poses a threat of imminent physical harm to self or others or imminent substantial destruction of school or another person’s property; When used as specified in the student’s IEP, Section 504, Behavior Intervention Plan; and 2. 3. 4. 5. l l l student is constantly monitored by an adult in close proximity who is able to see and hear the student at all times; the student is released from seclusion upon cessation of the behaviors that led to the seclusion or as otherwise specified in IEP, 504, or behavior intervention plan; the confining space has been approved for such use by the local education agency; the space is appropriately lighted, ventilated and heated or cooled; and the space is free from objects that unreasonably expose the student or others to harm. N. C. Gen. Stat. § 115 C-391. 1(e)(1) (House Bill 1032).

C. Except as set forth in subsection B ¡ the use of seclusion is not considered to be reasonable force and its use is not permitted. N. C. Gen. Stat. § 115 C-391. 1(e)(1) (House Bill 1032).

D. Seclusion shall not be considered: ¡ a reasonable use of force when used solely as a disciplinary consequence. N. C. Gen. Stat. § 115 C-391. 1(e)(2) (House Bill 1032).

E. This shall not be construed: ¡ to prevent the use of seclusion by law enforcement officers in the lawful exercise of their law enforcement duties N. C. Gen. Stat. § 115 C-391. 1(e)(4) (House Bill 1032).

VI. Isolation ¡ A. Definition School personnel may isolate a student as a behavior management technique. A student in isolation may be placed alone in an enclosed space, but shall not be physically prevented from leaving the space. The isolation space must be appropriately lighted, ventilated, heated or cooled, and the space must be free of objects that unreasonably expose the student or others to harm. A student placed in isolation must be appropriately monitored during the isolation, and the duration of the isolation must be reasonable in light of the purpose of the isolation.

B. Isolation is permitted as a behavior management technique provided that: 1. 2. 3. 4. the isolation space is appropriately lighted, ventilated and heated or cooled; the duration of the isolation is reasonable in light of the purpose for the isolation; the student is reasonably monitored; and the isolation space is free from objects unreasonably expose the student or others to harm. N. C. Gen. Stat. § 115 C-391. 1(f) (House Bill 1032).

VII. Time-Out ¡ ¡ A. Definition School personnel may separate a student from other students for a limited period of time as a behavior management technique, provided that the student is appropriately monitored during the separation.

B. No Regulation of the Use of Time-Out ¡ Nothing in the new law is intended to prohibit or regulate the use of time-out. N. C. Gen. Stat. § 115 C-391. 1(g) (House Bill 1032).

B. Use of Aversive Procedures Prohibited ¡ A. Definition The use of aversive procedures, as defined by statute, under any circumstances is prohibited. Aversive procedure means a systematic physical or sensory intervention program for modifying the behavior of a student with a disability which causes or reasonably may be expected to cause one or more of the following: N. C. Gen. Stat. § 115 C-391. 1(h) (House Bill 1032).

VIII. Aversive Procedures 1. Significant physical harm, such as tissue damage, physical illness, or death; 2. Serious, foreseeable long-term psychological impairment; 3. Obvious repulsion on the part of observers who cannot reconcile such extreme procedures with acceptable standard practice, for example: l l l l l electric shock applied to the body; extremely loud auditory stimuli; forcible introduction of foul substances to the mouth, eyes, ears, nose or skin; placement in a tub of cold water or shower; slapping, pinching, hitting or pulling hair; blindfolding or other forms of visual blocking; unreasonable withholding of meals; eating one’s own vomit; or denial of reasonable access to toileting facilities. N. C. Gen. Stat. § 115 C-391. 1(b)(2) (House Bill 1032).

IX. No Modification of the Right to Use Reasonable Force ¡ Nothing in the new North Carolina General Statute § 115 C-391. 1 modifies the rights of school personnel to use reasonable force as permitted under G. S. 115 C-390 or modifies the rules and procedures governing discipline under G. S. 115 C-391(a). N. C. Gen. Stat. § 115 C-391. 1(i) (House Bill 1032).

X. Notice, Reporting, and Documentation At the beginning of each school year, principals shall provide copies of North Carolina General Statute Section 115 C 391. 1, the Use of Restraint and Seclusion Policy, and these procedures to school personnel and the parents or guardians of all students N. C. Gen. Stat. § 115 C-391. 1(j)(2) (House Bill 1032).

School personnel shall promptly notify the principal or principal’s designee of: (1) any use of aversive procedures (2) any prohibited use of mechanical restraint 4235 -R (3) any use of physical restraint resulting in observable physical injury to a student (4) any prohibited use of seclusion (5) any seclusion that exceeds 10 minutes or the amount of time specified on a student’s behavior intervention plan. Notification shall occur the same workday the incident occurs. If same-day notification is not reasonable under the circumstances, then notification may be made the following workday, but no later. Within a reasonable period of time, but in no event later than 30 days after the incident, the school shall complete the Notice of Use of Unreasonable Restraint, Seclusion, and Aversive Procedures Form and provide a copy to the parent or guardian of the student. Copy: Student’s Module 3 Educational Record – Administrative File - Parent

XI. Limitations on Liability A. Limitation in New Statute North Carolina law prohibits the use of aversive procedures, and limits the use of restraints and seclusion. Violation of G. S. 115 -C 391. 1 does not create a private cause of action against the Northampton County Board of Education, its agents or employees, and does not create a criminal offense. N. C. Gen. Stat. § 115 C-391. 1(k) (House Bill 1032).

Northampton County Schools: Training ¡ NCS Board Requirement supports the training component of House Bill 1032: l l l All staff will participate in Seclusion and Restraint training at their school. School Teams will remain certified by participating in CPI recertification training on an annual basis after initial training. Some staff will also be trained in CPI physical restraint. Northampton County Schools

Final Thoughts for Today ¡ ¡ ¡ Use Physical Restraint as a last resort Know what level of behavior the student is operating on Help students talk out instead of acting out their problems

For More Information on House Bill 1032 No Ho rth C us a e B roli ill na 10 32 ¡ http: //www. ncpublicschools. org/schoolimprovement/alternative/safesc hools/ ¡ http: //www. ncga. state. nc. us/Enacted. Legislation/Statutes/HTML/By. Sec tion/Chapter_115 C/GS_115 C-391. 1. html ¡ Your building administrator

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