Indiana

Mechanical restraint" means the use of (1) a mechanical device; (2) a material; or (3) equipment; attached or adjacent to a student's body that the student cannot remove and that restricts the freedom of movement of all or part of the student's body or restricts normal access to the student's body. The term does not include (1) a mechanical device; (2) a material; or (3) equipment; that is used as authorized by a licensed physician or other qualified health care professional. The term does not include a bus harness or other safety equipment that is used to restrain a student during transport when the harness or safety equipment is necessary for safety purposes as provided under.

Physical restraint" means physical contact between a school employee, including a school resource officer (as defined in section 18.5 of this rule), and a student: (1) in which the student unwillingly participates; and (2) that involves the use of a manual hold to restrict freedom of movement of all or part of a student's body or to restrict normal access to the student's body. The term does not include: (1) briefly holding a student without undue force in order to calm or comfort the student, or to prevent unsafe behavior, such as running into traffic or engaging in a physical altercation; (2) physical escort; or (3) physical contact intended to gently assist or prompt a student in performing a task or to guide or assist a student from one (1) area to another. The term does not include the use of a bus harness or other safety equipment that is used to restrain a student during transport when the harness or safety equipment is necessary for safety purposes as provided under 575 IAC 1.

"Chemical restraint" means the administration of a drug or medication to manage a student's behavior or restrict a student's freedom of movement that is not a standard treatment or dosage, or both, for the student's medical or psychiatric condition.

"Time-out" means a behavior reduction procedure in which access to reinforcement is withdrawn for a certain period of time. Time-out occurs when the ability of a student to receive normal reinforcement in the school environment is restricted.

"Seclusion" means the confinement of a student alone in a room or area from which the student physically is prevented from leaving. The term does not include a supervised time-out or scheduled break, as described in a student's IEP and during which an adult is continuously present in the room with the student.

"corporal punishment" means any kind of punishment inflicted upon the body. Corporal punishment includes, but is not limited to, slapping, hitting, spanking, pinching, and pushing.

No

Sec. 4. (a) Every effort shall be made to prevent the need for the use of restraint or for the use of seclusion on a student. (b) Seclusion or physical restraint shall not be used except when used as a last resort in situations where: (1) the student's behavior poses imminent risk of injury to self or others; and (2) other less restrictive interventions are ineffective. (c) Any use of seclusion or restraint: (1) may only be used for a short period of time; and (2) shall be discontinued as soon as the imminent risk of injury to self or others has dissipated.

It is banned

It is banned

Sec. 4. (a) Every effort shall be made to prevent the need for the use of restraint or for the use of seclusion on a student. (b) Seclusion or physical restraint shall not be used except when used as a last resort in situations where: (1) the student's behavior poses imminent risk of injury to self or others; and (2) other less restrictive interventions are ineffective. (c) Any use of seclusion or restraint: (1) may only be used for a short period of time; and (2) shall be discontinued as soon as the imminent risk of injury to self or others has dissipated.

Teachers can take disciplinary action necessary to promote orderly student conduct.

N/A

Yes

(c) The building administrator or designee shall attempt to report every incident, including every incident involving a school resource officer (as defined in 513 IAC 1-1-18.5), in which seclusion or restraint is used on a student to the student's parent or guardian: (1) no later than the end of the school day or as soon as practical; (2) verbally; and (3) in accordance with the seclusion and restraint plan adopted by a school. (d) In addition to the verbal notice described in subsection (c), written notification, as described in the school's adopted plan, must also be sent to the student's parent or guardian after every incident in which seclusion or restraint is used on a student. Such notice shall be provided as soon as practical.

Sec. 9. (a) Every incident in which seclusion or restraint is used on a student shall be documented in order to memorialize the events that led up to the use of either seclusion or restraint. (b) Documentation may include the following: (1) the student's name; (2) the date and time of the incident; (3) the duration of any seclusion or restraint or the beginning and ending times of the restraint or seclusion, or both; (4) a description of any relevant events leading up to the incident; (5) a description of the incident or student behavior that resulted in implementation of seclusion or restraint including a description of the danger of injury which resulted in the seclusion or restraint; (6) a description of relevant interventions used immediately prior to the implementation of seclusion or restraint; (7) a summary of the student's behavior during seclusion or restraint, including a description of the restraint technique or techniques used and any other interaction between the student and staff; (8) a description of any injuries to students, staff, or others or property damage; (9) a list of the school personnel who participated in the implementation, monitoring, and supervision of seclusion or restraint; (10) if applicable, a statement that the intervention used was consistent with the student's most current behavioral intervention plan or IEP. (c) The department shall, annually, review incident reports from not less than three percent (3%) of public schools, which schools shall be chosen at random by the department. (d) Upon request, each school selected for review under subsection (c) shall provide the department, in a manner prescribed by the department, with a copy of any incident report involving the use of seclusion or restraint of a student. (e) Upon request by the department, each school shall provide a copy of the school's seclusion and restraint plan under section 11 of this rule. (f) The department shall provide the commission with a summary report of the department's annual review. The summary report shall be in a manner and form prescribed by the commission.

Every incident in which seclusion or restraint is used on a student shall be documented in order to memorialize the events that led up to the use of either seclusion or restraint.

(e) Public school corporations and charter schools shall report the number of incidents, including the number of incidents involving a school resource officer (as defined in 513 IAC 1-1-18.5), in which either seclusion or restraint is used in its annual performance report. (f) A school resource officer is involved in an incident of restraint or seclusion of a student when the school resource officer: (1) directs the restraint or seclusion of a student; (2) assists with the restraint or seclusion of a student; or (3) initiates the seclusion or restraint of a student. (g) Each accredited nonpublic school shall report, in writing, the number of incidents in which either seclusion or restraint is used in its school to its governing authority. (h) Each school must conduct an annual review of its plan for the purposes of improvement and revision.

The department shall, annually, review incident reports from not less than three percent (3%) of public schools, which schools shall be chosen at random by the department. (d) Upon request, each school selected for review under subsection (c) shall provide the department, in a manner prescribed by the department, with a copy of any incident report involving the use of seclusion or restraint of a student. (e) Upon request by the department, each school shall provide a copy of the school's seclusion and restraint plan under section 11 of this rule. (f) The department shall provide the commission with a summary report of the department's annual review. The summary report shall be in a manner and form prescribed by the commission.

They are not published

This article applies to the following: (1) all public school corporations, charter schools, or accredited nonpublic schools; (2) all public school corporations, charter schools, or accredited nonpublic schools students regardless of whether student has been identified as eligible for special education services; and (3) all programs and services subject to the supervision of the state educational agency, including before and after school extracurricular activities programs conducted by or through the following: (A) public school corporations; (B) charter schools; (C) special education planning districts; (D) state agencies; and (E) other public agencies.

Sec. 6. (a) Staff shall be trained according to the school's adopted plan on the appropriate use of effective alternatives to physical seclusion and restraint, such as positive behavioral interventions and supports, and, only for cases involving imminent risk of injury, on the safe use of physical seclusion and restraint. (b) Each school shall identify appropriate school staff to be trained on the safe use of effective alternatives to physical seclusion and restraint. Recurrent training of staff should be done in accordance with the school's plan. (c) Each school shall choose a training protocol that includes the following: (1) Positive supports and behavioral interventions techniques. (2) Conflict deescalation techniques. (3) The safe use of seclusion and restraint. (4) Steps to avoid the use of seclusion or restraint. (5) Debriefing practices and procedures. (d) Training programs shall differentiate for levels of school personnel and training needs. (e) Each school must maintain documentation that includes the following information: (1) The name and position of each person who has completed training. (2) Who provided the training. (3) When the training was completed. (4) What protocols and techniques were included in the training. (f) Training may be provided by any person who is trained in the current best practices of the protocols listed in subsection (c).