Hawaii

A “mechanical restraint” is the use of a device that restricts a student’s freedom of movement or the ability to communicate in his/her primary language or mode of communication. Mechanical Restraint is not meant to include assistive technologies or orthopedic supports prescribed by a medical professional to allow a student with a disability access to the curriculum or participation in educational activities.

A “physical restraint” is the use of physical restriction that prevents or reduces the student’s ability to move his/her arms, legs, or head freely.

A “chemical restraint” is the use of a drug or medication to control a student’s behavior or to restrict freedom of movement and the drug or medication has not been prescribed by a licensed physician or another qualified health professional for the treatment of student’s medical or psychiatric condition.

Timeout, which is a behavior management technique that is part of a student’s behavior program and involves the monitored separation of the student in a non-locked setting, is implemented for the purpose of calming the student.

“Seclusion” is defined as the confinement of a student alone in a room or structure from which the student is physically prevented from leaving. “Seclusion” should not be confused with “timeout” which is a behavior management technique that is part of a student’s behavior program and involves the monitored separation of the student in a non-locked setting, and is implemented for the purpose of calming the student.

N/A

N/A

The use of physical restraint shall be prohibited in public schools unless a student's behavior poses an imminent danger of property damage or physical injury to the student, school personnel, or others and only for so long as the danger persists; provided that other less intrusive interventions have failed or been determined to be inappropriate for the student. No physical restraint may be imposed that is life threatening, including physical restraint that may restrict breathing.

The use of seclusion, chemical restraint, or mechanical restraint shall be prohibited in public schools regardless of any consent of the student, parents, or guardians.

The use of seclusion, chemical restraint, or mechanical restraint shall be prohibited in public schools regardless of any consent of the student, parents, or guardians.

The use of seclusion, chemical restraint, or mechanical restraint shall be prohibited in public schools regardless of any consent of the student, parents, or guardians.

No physical punishment of any kind may be inflicted upon any pupil, except as provided for under sections 302A-B and 703-309(2).

N/A

Yes

The school will call or electronically notify parents on the same day your child was physically restrained. The school will send to parents a written parent notification within 24 hours of the incident.

No less than annually, there shall be a review of data on students at each public school who were restrained, which shall be conducted as directed by each complex area superintendent. The review shall determine whether there are strategies in place to address the students with dangerous behaviors at issue; whether the strategies in place are effective in increasing appropriate behaviors of students with dangerous behaviors; and whether new strategies need to be developed or current strategies need to be revised or changed to prevent the reoccurrence of dangerous behaviors. Patterns and trends in the data that are identified by the review shall be reported to the department. Each public school shall maintain records of its reviews of restraint data and any resulting decisions or actions regarding the use of restraint.

The board shall establish a policy regarding the use of restraint in public schools. The department shall establish procedures to be followed after each incident involving the imposition of restraint upon a student, including procedures to provide to the parent or legal guardian of the student

The department shall implement a comprehensive system of educational accountability to motivate and support the improved performance of students and the education system. Data shall be reported as required by this section when the number of students in a particular data subgroup is greater than ten and shall be redacted when the number of students in a particular data subgroup is ten or fewer; provided that the personally identifiable information of each student shall be kept private. The department shall also annually post on its website a state-, complex-, and school-level report for each school that details the past three years and includes an analysis of any disproportionality among student subgroups using the performance indicators in subsection (a)(6). Each report shall be uniformly formatted and designed by the department so as to provide school-based users and the public with all pertinent information. Report data shall be downloadable in raw form. Report information shall include:

No less than annually, there shall be a review of data on students at each public school who were restrained, which shall be conducted as directed by each complex area superintendent and Annually submit a report to the board and to the legislature

https://hawaiipublicschools.org/data-reports/discipline-and-restraint/

Public Schools

All public schools shall ensure that staff who use restraint in facilities or programs are trained, recertified, or trained and recertified on a periodic basis no less frequently than annually. Training shall include evidence-based techniques shown to be effective in the prevention of restraint; evidence-based techniques shown to be effective in keeping school personnel and students safe when imposing restraint; evidence-based skills related to positive behavioral supports and interventions, safe physical escort, conflict prevention, understanding antecedents, de-escalation, and conflict management; a wide array of prevention and intervention modalities; and information describing state policies and procedures that meet the minimum standards established by state statutes and administrative rules.