Kentucky

"Mechanical restraint" means the use of any device or equipment to restrict a student's freedom of movement, but does not include: (a) A device implemented by trained school personnel or utilized by a student that has been prescribed by an appropriate medical or related services professional that is used for the specific and approved purposes for which the device was designed; (b) An adaptive device or mechanical support used to achieve proper body position, balance, or alignment to allow greater freedom of mobility than would be possible without the use of the device or mechanical support; (c) A vehicle safety restraint if used as intended during the transport of a student in a moving vehicle; (d) Restraint for medical immobilization; or (e) An orthopedically prescribed device that permits a student to participate in activities without risk of harm.

"Physical Restraint" means a personal restriction that immobilizes or reduces the ability of a student to move the student's torso, arms, legs, or head freely, but does not include: (a) Temporary touching or holding of the hand, wrist, arm, shoulder, or back for the purpose of encouraging a student to move voluntarily to a safe location; (b) A behavioral intervention, such as proximity control or verbal soothing, used as a response to calm and comfort an upset student; (c) Less restrictive physical contact or redirection to promote student safety; or (d) Physical guidance or prompting when teaching a skill or redirecting the student's attention.

"Chemical restraint" means the use of medication to control behavior or restrict a student's freedom of movement that includes over-the-counter medications used for purposes not specified on the label but does not include medication prescribed by a licensed medical professional and supervised by qualified and trained individuals in accordance with professional standards.

"Timeout" means a behavior management technique that is part of an approved program, involves the monitored separation of the student in a non-locked setting, and is implemented for the purpose of calming.

"Seclusion" means the involuntary confinement of a student alone in a room or area from which the student is prevented from leaving but does not mean classroom timeouts, supervised in-school detentions, or out-of-school suspensions.

"Corporal punishment" means the deliberate infliction of physical pain by any means upon the whole or any part of a student's body as a penalty or punishment for student misbehavior.

(4) A setting used for seclusion shall: (a) Be free of objects and fixtures with which a student could inflict physical harm to self or others; (b) Provide school personnel a view of the student at all times; (c) Provide adequate lighting and ventilation; (d) Be reviewed by district administration to ensure programmatic implementation of guidelines and data related to its use; (e) Have an unlocked and unobstructed door; and (f) Have at least an annual fire and safety inspection.

(3) Physical restraint may only be implemented in a public school or educational program if: (a) The student's behavior poses an imminent danger of physical harm to self or others and as permitted under KRS 503.050, 503.070, and 503.110; (b) The physical restraint does not interfere with the student's ability to communicate in the student's primary language or mode of communication, unless the student uses sign language or an augmentative mode of communication as the student's primary mode of communication and the implementer determines that freedom of the student's hands for brief periods during the restraint appears likely to result in physical harm to self or others; (c) The student's physical and psychological well-being is monitored for the duration of the physical restraint; (d) Less restrictive behavioral interventions have been ineffective in stopping the imminent danger of physical harm to self or others, except in the case of a clearly unavoidable emergency situation posing imminent danger of physical harm to self or others; and (e) School personnel implementing the physical restraint are appropriately trained as required by Section 6(3) of this administrative regulation, except to the extent necessary to prevent physical harm to self or others in clearly unavoidable emergency circumstances where other school personnel intervene and summon trained school personnel as soon as possible. (4) When implementing a physical restraint, school personnel shall use only the amount of force reasonably believed to be necessary to protect the student or others from imminent danger of physical harm. (5) The use of physical restraint shall end as soon as: (a) The student's behavior no longer poses an imminent danger of physical harm to self or others; or (b) A medical condition occurs putting the student at risk of harm.

N/A

N/A

Seclusion may only be implemented in a public school or educational program if: (a) The student's behavior poses an imminent danger of physical harm to self or others; (b) The student is visually monitored for the duration of the seclusion; (c) Less restrictive interventions have been ineffective in stopping the imminent danger of physical harm to self or others; and (d) School personnel implementing the seclusion are appropriately trained to use seclusion.

Section 2. A student with an Individual Education Program (IEP) pursuant to 707 KAR Chapter 1, 504 plan pursuant to Section 504 of the Rehabilitation Act of 1973, or identified as a homeless or foster care youth pursuant to 704 KAR 7:090 shall not be subjected to corporal punishment. Section 3. (1) Except for a local board of education that prohibits corporal punishment pursuant to Section 7(1)(a) of this administrative regulation, within the first five (5) days of enrollment each school year, the school shall request written consent from the legal guardian of each student to use corporal punishment as a behavior intervention for their child. The written consent shall inform the legal guardian of how to access the student code of conduct, describe the code of conduct violations that may result in corporal punishment, and notify the legal guardian that consent may be withdrawn at any point during the school year. Absent valid written consent signed by the legal guardian, corporal punishment shall not be administered. (2) Before administering corporal punishment to a pupil, the school shall contact the child's legal guardian to provide prior notification and receive affirmative verbal consent. Section 4. Prior to administering corporal punishment to a pupil, the school shall attempt to remedy problematic behavior through the use of evidence-based practices consistent with a trauma-informed approach. Section 5. (1) Corporal punishment may only be administered by the Principal or Assistant Principal. Corporal punishment shall only be administered in the presence of at least one (1) additional certified staff member who is the same gender as the student. (2) Corporal punishment shall not be administered in a location where another student, staff member other than those described in subsection (1) of this section, or adult visitor to the school can see or hear the corporal punishment. (3) A staff member shall not be compelled to administer or witness corporal punishment.

Timeout involves removing a student from all sources of positive reinforcement as a consequence of a specified undesired behavior. Timeout is only one option along a continuum of interventions supporting behavior change. Most teachers think that timeout involves placing the student in an isolated setting (a timeout area) for a period of time. Actually, timeout may be implemented on several alternative levels, ranging from the student taking timeout at his or her desk (contingent observation timeout) to removing the student to a separate area. Timeout is a relatively aversive and intrusive behavior reduction procedure, because it involves the removal of reinforcement and it interrupts the pupil's instructional program. However, its use may be required when the student's behavior impedes his or her learning or that of others. Behavior problems will not be positively affected by use of timeout unless it is used in the context of an appropriate program (e.g., teaching replacement behaviors, high rate of teacher reinforcement for appropriate student behavior, etc.). The age of the student is also a key factor in any decision to utilize timeout. Professionals must consider whether timeout is appropriate for children and youth at both ends of the age continuum (3 - 21). Other strategies or interventions may be more effective for these individuals in supporting appropriate behavior

Yes

If the student is not an emancipated youth, the parent of the student shall be notified of the physical restraint and seclusion verbally or through electronic communication, if available to the parent, as soon as possible within twenty-four (24) hours of the incident. If the parent cannot be reached within twenty-four (24) hours, a written communication shall be mailed to the parent via U.S. mail.

(1) All physical restraints and seclusions shall be documented by a written record of each use of seclusion or physical restraint and be maintained in the student's education record. Each record of a use of physical restraint or seclusion shall be informed by an interview with the student and shall include: (a) The student's name; (b) A description of the use of physical restraint or seclusion and the student behavior that resulted in the physical restraint or seclusion; (c) The date of the physical restraint or seclusion and school personnel involved; (d) The beginning and ending times of the physical restraint or seclusion; (e) A description of any events leading up to the use of physical restraint or seclusion including possible factors contributing to the dangerous behavior; (f) A description of the student's behavior during physical restraint or seclusion; (g) A description of techniques used in physically restraining or secluding the student and any other interactions between the student and school personnel during the use of physical restraint or seclusion; (h) A description of any behavioral interventions used immediately prior to the implementation of physical restraint or seclusion; (i) A description of any injuries to students, school personnel, or others; (j) A description as to how the student's behavior posed an imminent danger of physical harm to self or others; (k) The date the parent was notified; (l) A description of the effectiveness of physical restraint or seclusion in de-escalating the situation; (m) A description of the school personnel response to the dangerous behavior; (n) A description of the planned positive behavioral interventions which shall be used to reduce the future need for physical restraint or seclusion of the student; and (o) For any student not identified as eligible for services under either Section 504 of the Rehabilitation Act or the Individuals with Disabilities Education Act, documentation of a referral under either law or documentation of the basis for declining to refer the student.

The physical restraint or seclusion record as outlined in subsection (1) of this section shall be completed by the end of the next school day following the use of seclusion or physical restraint.

Section 7. The following data shall be reported by the district in the student information system related to incidents of physical restraint and seclusion: (1) Aggregate number of uses of physical restraint; (2) Aggregate number of students placed in physical restraint; (3) Aggregate number of uses of seclusion; (4) Aggregate number of students placed in seclusion; (5) Aggregate number of instances of substantial risk of death, extreme physical pain, protracted and obvious disfigurement or protracted loss or impairment of the function of a bodily member, organ, or mental faculty to students related to physical restraint and seclusion; (6) Aggregate number of instances of substantial risk of death, extreme physical pain, protracted and obvious disfigurement or protracted loss or impairment of the function of a bodily member, organ, or mental faculty to school personnel related to physical restraint and seclusion; and (7) Aggregate number of instances in which a school resource officer or other sworn law enforcement officer is involved in the physical restraint or seclusion of a student.

Each local school district shall establish policies and procedures that: Require notification, within twenty four (24) hours, to the Kentucky Department of Education and local law enforcement in the event of death, substantial risk of death, extreme physical pain, protracted and obvious disfigurement or protracted loss or impairment of the function of a bodily member, organ, or mental faculty resulting from the use of physical restraint or seclusion. The annual reporting timeframe is not specified.

They are not published

Public Schools

(a) All school personnel shall be trained in state administrative regulations and school district policies and procedures regarding physical restraint and seclusion. (b) All school personnel shall be trained annually to use an array of positive behavioral supports and interventions to: 1. Increase appropriate student behaviors; 2. Decrease inappropriate or dangerous student behaviors; and 3. Respond to dangerous behavior. (c) This training may be delivered utilizing web-based applications. (d) This training shall include: 1. Appropriate procedures for preventing the need for physical restraint and seclusion, including positive behavioral supports and interventions; 2. State administrative regulations and school district policies and procedures regarding physical restraint and seclusion; 3. Proper use of positive reinforcement; 4. The continuum of use for alternative behavioral interventions; 5. Crisis prevention; 6. De-escalation strategies for responding to inappropriate or dangerous behavior, including verbal de-escalation, and relationship building; and 7. Proper use of seclusion as established in Section 4 of this administrative regulation, including instruction on monitoring physical signs of distress and obtaining medical assistance if necessary.