Arkansas

Mechanical restraint means the use of a device or equipment to restrict the free movement of a student. (B) "Mechanical restraint" does not include a: (i) Device that is used by trained school personnel or a student for a specific and approved therapeutic purpose or safety purpose for which the device was designed or prescribed; or (ii) Vehicle safety restraint that is appropriately used in the manner for which it was designed during the transport of a student in a moving vehicle;

Physical restraint means a personal restriction that immobilizes or reduces the ability of a student to move his or her torso, arm, leg, or head freely. (B) "Physical restraint" does not include a physical escort; (23) "Prone restraint" means restraining a student in a face- down position on the floor or another surface and applying physical pressure to the body of the student to keep the student in the prone position; (29) "Supine restraint" means the restraint of a student in a face-up position on his or her back on the floor or another surface and with physical pressure applied to the body of the student to keep the student in the supine position.

Chemical restraint means the use of a drug or medication to control the behavior of a student or restrict the free movement of the student. (B) "Chemical restraint" does not include the use of medication that is: (i) Prescribed by a licensed physician, or other qualified health professional acting within the scope of his or her professional authority under state law, for the standard treatment of a medical or psychiatric condition of a student; and (ii) Administered as prescribed by the licensed physician or other qualified health professional acting within the scope of his or her professional authority under state law;

Time-out means the removal of the opportunity to engage in reinforced behavior.

The time-out seclusion room is an extension of such techniques as turning a chair away from a group or placing a student in a corner or in the hallway. Time-out is only effective if the classroom environment from which the student is removed is more reinforcing than the isolation area in which he or she is placed. 6 CAR § 130-2002. Definition — Time-out. As used in this subpart, “time-out” means the removal of the opportunity to engage in reinforced behavior.

Corporal punishment. (a) A school district or open-enrollment public charter school that authorizes the use of corporal punishment in its discipline policy shall include provisions for administration of the punishment, including that it: (1) Be administered only for cause; (2) Be reasonable; (3) Follow warnings that the misbehavior will not be tolerated; and (4) Be administered by a teacher or a school administrator and only in the presence of a school administrator or his or her designee who shall be a teacher or an administrator employed by the school district. (b) A school district or open-enrollment public charter school that authorizes use of corporal punishment shall not: (1) Use corporal punishment on a child who is: (A) Intellectually disabled; (B) Nonambulatory; (C) Nonverbal; or (D) Autistic; or (2) Include in its written student discipline policy a provision to allow the use of corporal punishment on a child who is: (A) Intellectually disabled; (B) Nonambulatory; (C) Nonverbal; or (D) Autistic.

If a time-out room is to be employed, the time-out room should: (1) Be at least four feet by four feet (4’ x 4’) and no larger than six feet by six feet (6’ x 6’) in size; (2)(A) Be properly lighted (preferably recessed lighting, with switches outside the room). (B) Lighting should remain on at all times; (3) Be properly ventilated; (4) Be free of objects and fixtures; (5) Provide the means by which an adult can continuously monitor, visually and auditorily, the student’s behavior; (6) The door should be such that it cannot be locked; and (7) Meet state and county fire and safety codes.

Every effort should be made to: (A) Prevent the need for secluding a student or using a physical restraint on a student; (B) Ensure that behavioral intervention is consistent with the right of a student to be free from abuse and treated with dignity; (C) Avoid the use of physical restraint on a student to the greatest extent possible without endangering the safety of other students and school personnel; (D) Avoid the use of a physical restraint on a student except in a situation where the behavior of the student poses an imminent danger of serious physical harm to the student or others; (E) Discontinue the use of a physical restraint on a student as soon as the imminent danger of serious physical harm to the student or others dissipates; and (F) Refrain from using chemical restraint or mechanical restraint in a public school or educational setting; and (6) It is the responsibility of each school district to determine how to effectively discipline enrolled students based on evidence-based behavioral intervention strategies and the needs of its student population and members of school personnel. A.C.A.§ 6-18-2405. Physical restraint. (a)(1) Physical restraint of a student shall be used only by a member of school personnel who is appropriately trained to administer physical restraint except in the case of a clearly unavoidable emergency situation in which a trained member of school personnel is not immediately available due to the unforeseeable nature of the emergency situation. (2) If an incident occurs in which a trained member of school personnel is not immediately available due to the unforeseeable nature of the emergency situation, a school district shall: (A) Reevaluate the training needs of school personnel in the school district; (B) Reevaluate the physical restraint policy and practices of the school district; and (C) Develop a plan to prevent a future incident. (3) School personnel who administer physical restraint may be trained: (A) By a person who is certified by a training program that meets the criteria specified in § 6-18-2209; and (B) In-state guidelines and the policies and procedures of the school district concerning the physical restraint of a student. (b)(1) School personnel shall use the least restrictive technique necessary to end imminent danger or serious physical harm to a student and others. (2) The ability of a student to communicate shall not be restricted unless the use of a less restrictive technique by school personnel will not prevent imminent danger of serious physical harm to the student or others. (c) When using a crisis intervention procedure or technique, school personnel shall consider the health and safety of a student, including without limitation whether the student has an existing medical condition that makes the use of physical restraint inadvisable. (d) Supine restraint shall not be used unless: (1) The school personnel administering the supine restraint has been trained by a person who is certified by a training program that meets the criteria specified in § 6-18-2209; and (2) A person who is certified by a training program that meets the criteria specified in § 6-18-2209 determines that supine restraint is required to provide safety for the student and others. (e) If physical restraint is used on a student, the student shall be continuously and visually observed and monitored while he or she is under physical restraint.

Refrain from using chemical restraint or mechanical restraint in a public school or educational setting; and (h) School personnel shall not use the following on a student: (1) Mechanical restraint; (2) Chemical restraint; (3) Aversive behavioral interventions that compromise health and safety; (4) Physical restraint that is: (A) Life-threatening; or (B) Medically contraindicated unless the behavior of the student poses an imminent danger of serious physical harm to the student or others; or (5) Prone restraint or other restraint that restricts the breathing of a student.

Refrain from using chemical restraint or mechanical restraint in a public school or educational setting; and (h) School personnel shall not use the following on a student: (1) Mechanical restraint; (2) Chemical restraint; (3) Aversive behavioral interventions that compromise health and safety; (4) Physical restraint that is: (A) Life-threatening; or (B) Medically contraindicated unless the behavior of the student poses an imminent danger of serious physical harm to the student or others; or (5) Prone restraint or other restraint that restricts the breathing of a student.

Restrictions on the use of a time-out seclusion room. (a)(1) Time-out seclusion should be used only for behaviors that are: (A) Destructive to property; (B) Aggressive toward others; or (C) Severely disruptive to the class environment. (2) General noncompliance, self-stimulation, academic refusal, etc., can be responded to with less stringent and restrictive techniques. (b) The time-out seclusion room should be used only as a last resort if and when less restrictive means of controlling behavior have proven ineffective. (c)(1) The necessity of using physical force to place a student in a time-out seclusion room is inappropriate beyond that reasonably managed by the classroom teacher. (2) Involuntary time-out must not be used with such students and, in general, time-out is not an appropriate intervention for classroom use with any students older than twelve (12) unless they have made a contractual agreement for its use. (3) It is important that teachers realistically evaluate their ability to physically remove a student to the time-out room. (4)(A) If there is a reasonable doubt concerning the capability of the teacher to physically remove the resistant student, the teacher should not begin to attempt the time-out procedure. (B) In such a case, an alternative strategy should be implemented. (d)(1) Time-out seclusion rooms must meet structural guidelines and provide for continuous monitoring, visually and auditorily, of the student’s behavior by an adult. (2) Refer to 6 CAR § 130-2004(i) for structural guidelines. 005.18.020-20.04. Guidelines for appropriate use of a time-out seclusion room. 20.04.1 The teacher or behavioral specialist should have documentation that milder forms of time-out or other reduction techniques have proven ineffective in suppressing the inappropriate behavior. 20.04.2 The use of seclusion time-out and the behaviors which will result in its use must be explicitly stated in the student’s IEP. Parent consent for the use of a time-out seclusion procedure should be documented. 20.04.3 Time-out must be paired with a behavioral plan to provide positive reinforcement for appropriate behaviors. This must also be included in the student’s IEP. 20.04.4 Written procedures must be developed and followed for each student whose IEP includes the use of time-out. 20.04.5 The following guidelines should be adhered to for effective use of the timeout seclusion room. 20.04.5.1 Avoid lengthy verbal explanations. Behaviors resulting in time-out should be clearly explained prior to implementing the time-out program. Explanations provided during use of time-out should be brief, but should adequately inform the student of his/her misbehavior, such as, “Because you , you must go to time-out for minutes.” All other verbal interaction should be avoided. 20.04.5.2 To maximize opportunities to exercise self-control, students should be given the opportunity to take their own time-out after receiving instructions from the teacher. However, if students refuse to take their own time-out, or if they fail to respond to the teacher’s instructions within a reasonable time interval (5 to 10 seconds), the teacher should physically remove them to the time-out area. (Refer to § 20.03.3 of these regulations regarding physically removing the child to the time-out area.) 20.04.5.3 For high intensity behavior (e.g., kicking, screaming), the student should immediately be escorted to the time-out room. 20.04.6 Time Spent In Time-Out Seclusion Room 20.04.6.1 Length of time spent in the time-out seclusion room must be documented and kept within the specified time limits A. Preschool -no more than 5 minutes for each exclusion. B. Lower elementary -no more than 15 minutes for each exclusion. C. Middle/upper elementary -no more than 20 minutes for each exclusion. 20.04.6.2 At the end of the prescribed time, the student should be offered the opportunity to rejoin the class. If the student chooses to stay in time-out, the door must be left open at this time. When a student consistently chooses to stay in the time-out seclusion room beyond the prescribed time limit, the use of this procedure must be reviewed. The time-out room may be providing more reinforcement than the environment from which the student was removed. 20.04.6.3 Should there be a need for a time-out period to extend past the prescribed time limits, the appropriateness of continuing the time-out procedure should be evaluated immediately by knowledgeable professionals (i.e., principal, counselor, special education staff). 20.04.6.4 Careful consideration must be taken in extending the prescribed length of the time-out seclusion. The effectiveness of the time-out procedure is the result of its consistent use, rather than the length of stay in the timeout seclusion room. 20.04.7 Records Must Be Kept Of Each Occasion When Time-Out Seclusion Is Used. The Records Should Include 20.04.7.1 The student’s name; 20.04.7.2 The behavior for which time-out is being used, as specified in the IEP; and 20.04.7.3 The time of day the student was placed in and released from time-out. 20.04.8 When the use of time-out seclusion is included in a student’s IEP, it is recommended that the use of time-out to address specific student behaviors be reviewed by a knowledgeable professional(s) twice monthly. 20.04.8.1 The use of the time-out seclusion procedure shall be altered or discontinued as a behavioral management technique if data do not support its effectiveness. 20.04.8.2 The continued and/or frequent need for this type of behavioral intervention could indicate that behavioral objectives, management techniques or other factors affecting the learning environment are not appropriately matched with the student’s needs and behaviors.

Corporal punishment. A school district that authorizes use of corporal punishment shall not: (1) Use corporal punishment on a child who is: (A) Intellectually disabled; (B) Nonambulatory; (C) Nonverval; or (D) Autistic; or (2) Include in its written student discipline policy a provision to allow the use of corporal punishment on a child who is: (A) Intellectually disabled; (B) Nonambulatory; (C) Nonverbal; or (D) Autistic.

Restrictions on the use of a time-out seclusion room6 CAR § 130-2003. Restrictions on the use of a time-out seclusion room. (a)(1) Time-out seclusion should be used only for behaviors that are: (A) Destructive to property; (B) Aggressive toward others; or (C) Severely disruptive to the class environment. (2) General noncompliance, self-stimulation, academic refusal, etc., can be responded to with less stringent and restrictive techniques. (b) The time-out seclusion room should be used only as a last resort if and when less restrictive means of controlling behavior have proven ineffective. (c)(1) The necessity of using physical force to place a student in a time-out seclusion room is inappropriate beyond that reasonably managed by the classroom teacher. (2) Involuntary time-out must not be used with such students and, in general, time-out is not an appropriate intervention for classroom use with any students older than twelve (12) unless they have made a contractual agreement for its use. (3) It is important that teachers realistically evaluate their ability to physically remove a student to the time-out room. (4)(A) If there is a reasonable doubt concerning the capability of the teacher to physically remove the resistant student, the teacher should not begin to attempt the time-out procedure. (B) In such a case, an alternative strategy should be implemented. (d)(1) Time-out seclusion rooms must meet structural guidelines and provide for continuous monitoring, visually and auditorily, of the student’s behavior by an adult. (2) Refer to 6 CAR § 130-2004(i) for structural guidelines. 005.18.020-20.04. Guidelines for appropriate use of a time-out seclusion room. 20.04.1 The teacher or behavioral specialist should have documentation that milder forms of time-out or other reduction techniques have proven ineffective in suppressing the inappropriate behavior. 20.04.2 The use of seclusion time-out and the behaviors which will result in its use must be explicitly stated in the student’s IEP. Parent consent for the use of a time-out seclusion procedure should be documented. 20.04.3 Time-out must be paired with a behavioral plan to provide positive reinforcement for appropriate behaviors. This must also be included in the student’s IEP. 20.04.4 Written procedures must be developed and followed for each student whose IEP includes the use of time-out. 20.04.5 The following guidelines should be adhered to for effective use of the timeout seclusion room. 20.04.5.1 Avoid lengthy verbal explanations. Behaviors resulting in time-out should be clearly explained prior to implementing the time-out program. Explanations provided during use of time-out should be brief, but should adequately inform the student of his/her misbehavior, such as, “Because you , you must go to time-out for minutes.” All other verbal interaction should be avoided. 20.04.5.2 To maximize opportunities to exercise self-control, students should be given the opportunity to take their own time-out after receiving instructions from the teacher. However, if students refuse to take their own time-out, or if they fail to respond to the teacher’s instructions within a reasonable time interval (5 to 10 seconds), the teacher should physically remove them to the time-out area. (Refer to § 20.03.3 of these regulations regarding physically removing the child to the time-out area.) 20.04.5.3 For high intensity behavior (e.g., kicking, screaming), the student should immediately be escorted to the time-out room. 20.04.6 Time Spent In Time-Out Seclusion Room 20.04.6.1 Length of time spent in the time-out seclusion room must be documented and kept within the specified time limits A. Preschool -no more than 5 minutes for each exclusion. B. Lower elementary -no more than 15 minutes for each exclusion. C. Middle/upper elementary -no more than 20 minutes for each exclusion. 20.04.6.2 At the end of the prescribed time, the student should be offered the opportunity to rejoin the class. If the student chooses to stay in time-out, the door must be left open at this time. When a student consistently chooses to stay in the time-out seclusion room beyond the prescribed time limit, the use of this procedure must be reviewed. The time-out room may be providing more reinforcement than the environment from which the student was removed. 20.04.6.3 Should there be a need for a time-out period to extend past the prescribed time limits, the appropriateness of continuing the time-out procedure should be evaluated immediately by knowledgeable professionals (i.e., principal, counselor, special education staff). 20.04.6.4 Careful consideration must be taken in extending the prescribed length of the time-out seclusion. The effectiveness of the time-out procedure is the result of its consistent use, rather than the length of stay in the timeout seclusion room. 20.04.7 Records Must Be Kept Of Each Occasion When Time-Out Seclusion Is Used. The Records Should Include 20.04.7.1 The student’s name; 20.04.7.2 The behavior for which time-out is being used, as specified in the IEP; and 20.04.7.3 The time of day the student was placed in and released from time-out. 20.04.8 When the use of time-out seclusion is included in a student’s IEP, it is recommended that the use of time-out to address specific student behaviors be reviewed by a knowledgeable professional(s) twice monthly. 20.04.8.1 The use of the time-out seclusion procedure shall be altered or discontinued as a behavioral management technique if data do not support its effectiveness. 20.04.8.2 The continued and/or frequent need for this type of behavioral intervention could indicate that behavioral objectives, management techniques or other factors affecting the learning environment are not appropriately matched with the student’s needs and behaviors. (a)(1) Time-out seclusion should be used only for behaviors that are: (A) Destructive to property; (B) Aggressive toward others; or (C) Severely disruptive to the class environment. (2) General noncompliance, self-stimulation, academic refusal, etc., can be responded to with less stringent and restrictive techniques. (b) The time-out seclusion room should be used only as a last resort if and when less restrictive means of controlling behavior have proven ineffective. (c)(1) The necessity of using physical force to place a student in a time-out seclusion room is inappropriate beyond that reasonably managed by the classroom teacher. (2) Involuntary time-out must not be used with such students and, in general, time-out is not an appropriate intervention for classroom use with any students older than twelve (12) unless they have made a contractual agreement for its use. (3) It is important that teachers realistically evaluate their ability to physically remove a student to the time-out room. (4)(A) If there is a reasonable doubt concerning the capability of the teacher to physically remove the resistant student, the teacher should not begin to attempt the time-out procedure. (B) In such a case, an alternative strategy should be implemented. (d)(1) Time-out seclusion rooms must meet structural guidelines and provide for continuous monitoring, visually and auditorily, of the student’s behavior by an adult. (2) Refer to 6 CAR § 130-2004(i) for structural guidelines. 005.18.020-20.04. Guidelines for appropriate use of a time-out seclusion room. 20.04.1 The teacher or behavioral specialist should have documentation that milder forms of time-out or other reduction techniques have proven ineffective in suppressing the inappropriate behavior. 20.04.2 The use of seclusion time-out and the behaviors which will result in its use must be explicitly stated in the student’s IEP. Parent consent for the use of a time-out seclusion procedure should be documented. 20.04.3 Time-out must be paired with a behavioral plan to provide positive reinforcement for appropriate behaviors. This must also be included in the student’s IEP. 20.04.4 Written procedures must be developed and followed for each student whose IEP includes the use of time-out. 20.04.5 The following guidelines should be adhered to for effective use of the timeout seclusion room. 20.04.5.1 Avoid lengthy verbal explanations. Behaviors resulting in time-out should be clearly explained prior to implementing the time-out program. Explanations provided during use of time-out should be brief, but should adequately inform the student of his/her misbehavior, such as, “Because you , you must go to time-out for minutes.” All other verbal interaction should be avoided. 20.04.5.2 To maximize opportunities to exercise self-control, students should be given the opportunity to take their own time-out after receiving instructions from the teacher. However, if students refuse to take their own time-out, or if they fail to respond to the teacher’s instructions within a reasonable time interval (5 to 10 seconds), the teacher should physically remove them to the time-out area. (Refer to § 20.03.3 of these regulations regarding physically removing the child to the time-out area.) 20.04.5.3 For high intensity behavior (e.g., kicking, screaming), the student should immediately be escorted to the time-out room.

Each school district shall develop a procedure for written notification to all parents and students of the district’s student discipline policies and for documentation of the receipt of the policies by all parents and students. A.C.A.§ 6-18-2406. Responsibilities of school districts. A school district shall develop policies and procedures: (1) To ensure that school personnel are aware of how to access state and local policies and procedures regarding the use of physical restraint on a student; (2) To ensure that parents are notified of how to access state and local policies and procedures regarding the use of physical restraint on a student; (3) To ensure the safety of all school personnel, visitors, and students, including without limitation students with complex and intensive behavioral needs; (4) To require appropriate school personnel to be trained in accordance with the provisions of this subchapter; (5)(A) That shall be implemented during and after an incident involving the use of physical restraint on a student. (B) The policies and procedures under this section shall include without limitation a requirement: (i) That a parent of student shall be notified in writing of an incident involving the use of physical restraint on the student; (ii) To document an incident involving the use of physical restraint on a student; and (iii) To conduct a debriefing as provided under § 6-18-2407 when an incident involving the use of physical restraint on a student occurs; (3)(A) Hold a debriefing meeting within two (2) school days after the incident occurred. (B) The following school personnel shall be present at a debriefing meeting: (i) A member of school personnel who was present during the incident; (ii) A member of school personnel who was in the proximity of the student on whom physical restraint was used immediately before and during the time of the incident; (iii) A school administrator; and (iv) Any other member of school personnel determined to be appropriate by the school district.

After the occurrence of an incident involving physical restraint of a student, school personnel involved in the incident shall: (2) Notify the: (B)(i) Parent of the student on whom physical restraint was used via verbal or electronic communication as soon as possible but no later than the end of the school day on which the incident occurred. (ii) If the parent of the student on whom physical restraint was used cannot be notified via verbal or electronic communication within twenty-four (24) hours after the incident occurred, the parent shall be mailed written notification of the incident within forty-eight (48) hours after the incident occurred; and A.C.A.§ 6-18-502. Rules for development of school district student discipline policies. (e) Each school district shall develop a procedure for written notification to all parents and students of the district's student discipline policies and for documentation of the receipt of the policies by all parents and students.

Annual reporting is not required.

Annual reporting is not required.

The school district's committee on personnel policies shall review annually: (i) The school district's student discipline policies; and (ii) State and district discipline data. A.C.A.§ 6-18-504. Compliance with §§ 6-18-502 and 6-18-503. (a) The Division of Elementary and Secondary Education shall monitor compliance with the requirements of §§ 6-18-502 and 6-18-503, and the State Board of Education shall adopt rules for the administration of the requirements thereof. (b) Any school district failing to file with the division disciplinary policies that meet the requirements of this subchapter shall have all state aid funds withheld until such disciplinary policies are filed with the division. (c) Nothing in § 6-18-502, § 6-18-503, or this section, or any student discipline policies promulgated under § 6-18-502, shall limit or restrict the bringing of criminal charges against any person for violating the criminal laws of this state.

Annual reporting is not required.

Annual reporting is not required.

Public agency includes the SEA, LEAs, ESAs, nonprofit public charter schools that are not otherwise included as LEAs or ESAs and are not a school of an LEA or ESA, and any other political subdivisions of the State that are responsible for providing education to children with disabilities.

It is the responsibility of each school district in Arkansas 24 to ensure the safety of all students and school personnel; (4) Providing school personnel with training that is focused on 33 evidence-based positive behavioral support behavioral intervention, de-34 escalation techniques, and physical restraint prevention can reduce the 35 incidence of injury, trauma, and death; SECTION 2. Arkansas Code § 6-18-2402(c), concerning requirements of 1 school districts as they relate to student restraints in public schools and 2 educational settings, is amended to read as follows: 3 (c) Each school district shall: 4 (1) Adopt policies and procedures that are consistent with the 5 provisions of this subchapter and appropriate based on the needs of the 6 school district's student population and members of school personnel; 7 (2) Review the Department of Education Special Education and 8 Related Services Guidelines, § 20.00 Time-Out Seclusion Room; and 9 (3) Provide its school personnel with the training, tools, and 10 support needed to ensure the safety of all students and school personnel. A.C.A.§ 6-18-2405. Physical restraint. (a)(1) Physical restraint of a student shall be used only by a member of school personnel who is appropriately trained to administer physical restraint except in the case of a clearly unavoidable emergency situation in which a trained member of school personnel is not immediately available due to the unforeseeable nature of the emergency situation. (2) If an incident occurs in which a trained member of school personnel is not immediately available due to the unforeseeable nature of the emergency situation, a school district shall: (A) Reevaluate the training needs of school personnel in the school district; (B) Reevaluate the physical restraint policy and practices of the school district; and (C) Develop a plan to prevent a future incident. (3) School personnel who administer physical restraint may be trained: (A) By a person who is certified by a training program that meets the criteria specified in § 6-18-2209; and (B) In-state guidelines and the policies and procedures of the school district concerning the physical restraint of a student.

Arkansas emphasizes the use of positive behavioral interventions and supports to reduce the need for restraint and seclusion. Update: this has changed in 2024. The regulations are difficult to find