At a Glance — Banned Practices
Seclusion / Isolation Not Banned
Prone Restraint Banned
Supine Restraint Not Banned
Mechanical Restraint Banned
Chemical Restraint Not Banned
Corporal Punishment Not Banned
Definitions
Mechanical Restraint
(3)(a) "Mechanical restraint" means the application of any device or object used to limit a person's movement. (b) Mechanical restraint does not include: (i) A protective or stabilizing device used in strict accordance with the manufacturer's instructions for proper use and which is used in compliance with orders issued by an appropriately licensed health care provider. (ii) Any device used by a duly licensed law enforcement officer in the execution of his official duties.
Physical Restraint
(4)(a) "Physical restraint" means the use of manual restraint techniques that involve physical force applied to restrict the movement of all or part of a person's body. (b) Physical restraint does not include: (i) Consensual, solicited, or unintentional contact. (ii) Momentary blocking of a student's action if the student's action is likely to result in harm to the student or any other person. (iii) A school employee holding a student for less than three consecutive minutes within any given hour for the protection of the student or others. (iv) A school employee holding a student for the purpose of calming or comforting the student, provided the student's freedom of movement or normal access to his or her body is not restricted. (v) Minimal physical contact for the purpose of safely escorting a student from one area to another. (vi) Minimal physical contact for the purpose of assisting the student in completing a task or response.
Chemical Restraint
It is not mentioned
Time-Out
This term does not include a timeout, which is 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. (10) "Sensory room" means a room or space that is used for the monitored separation of a student in an unlocked setting in which school personnel may use positive behavioral interventions and support to help to calm or stabilize a student's disruptive behavior. A sensory room may also be referred to as a "calming room", "calming space", "comfort room", "comfort space", "sensory space", "timeout room", or "timeout space". The appropriate use of sensory rooms shall not be considered seclusion, which shall only be used for the limited purpose of responding to a student posing an imminent risk of harm to self or others.
Seclusion / Isolation
"Seclusion" means a procedure that isolates and confines a student in a designated separate room or area until he is no longer an imminent risk of harm to self or others.
Corporal Punishment
Corporal punishment means using physical force to discipline a student, with or without an object. Corporal punishment includes hitting, paddling, striking, spanking, slapping, or any other physical force that causes pain or physical discomfort. Taping a student's mouth shut or otherwise restricting his airway in any manner is prohibited regardless of parental consent provided for in Paragraph (1) of this Subsection.
Seclusion Room Requirements
(9) "Seclusion room" means a room or other confined area, used on an individual basis, in which a student is removed from the regular classroom setting for a limited time to allow the student the opportunity to regain control in a safe, secure, and supervised setting and from which the student is involuntarily prevented from leaving until he is no longer at risk of imminent harm to self or others. A seclusion room shall: (a) Be free of any object that poses a danger to the student placed in the room. (b) Have an observation window and be of a size that is appropriate for the student's size, behavior, and chronological and developmental age. (c) Have a ceiling height and heating, cooling, ventilation, and lighting systems comparable to operating classrooms in the school.
Criteria for Use
Physical Restraint
C.(1) Physical restraint shall be used only: (a) When a student's behavior presents a threat of imminent risk of harm to self or others and only as a last resort to protect the safety of self and others. (b) To the degree necessary to stop dangerous behavior. (c) In a manner that causes no physical injury to the student, results in the least possible discomfort, and does not interfere in any way with a student's breathing or ability to communicate with others. (d) By trained personnel, except in emergency situations in which there is not sufficient time to have trained personnel respond. Minimum training requirements shall be specified in rules promulgated by the State Board of Elementary and Secondary Education.
Mechanical Restraint
N/A
Chemical Restraint
It is not specified or mentioned in the law
Seclusion / Isolation
B.(1) Seclusion shall be used only: (a) For student behaviors that involve an imminent risk of harm to self or others. (b) As a last resort when de-escalation and other positive behavioral interventions and support attempts have failed and the student continues to pose an imminent risk of harm to self or others. (2) Seclusion shall not be used as a routine school safety, discipline, or intervention measure or to address behaviors such as general noncompliance, self-stimulation, and academic refusal, and other behaviors that, while disruptive to a classroom setting or other daily school activities, do not present an imminent risk of harm to self or others. School employees shall respond to such behaviors with less stringent and less restrictive techniques, such as those included in a school's or student's crisis intervention plan or a student's Individualized Education Program or Behavioral Intervention Plan. (3)(a) A seclusion room shall be used only as a last resort if and when less restrictive crisis intervention measures, such as positive behavioral supports, constructive and non-physical de-escalation, and restructuring of a student's environment, have failed to stop a student's actions that pose an imminent risk of harm to self or others. (b) A student shall be placed in a seclusion room only by a school employee who uses accepted methods of escorting a student to a seclusion room, placing a student in a seclusion room, and supervising a student while he is in the seclusion room. (c) Only one student may be placed in a seclusion room at any given time, and the school employee supervising the student must be able to see and hear the student the entire time the student is placed in the seclusion room.
Corporal Punishment
B.(1) The use of any form of corporal punishment is prohibited in any public school unless the student's parent or legal guardian provides written consent for the use of corporal punishment in a document created by the state Department of Education solely for such purpose. Such consent applies only to the school year in which it is given. No form of corporal punishment shall be administered to a student with an exceptionality as defined in R.S. 17:1942 or to a student who has been determined to be eligible for services under Section 504 of the Rehabilitation Act of 1973 and has an Individual Accommodation Plan. However, the parent or legal guardian of a student who is gifted and talented and has no other exceptionality may authorize the use of corporal punishment as otherwise provided by this Paragraph.
Time-Out
(10) "Sensory room" means a room or space that is used for the monitored separation of a student in an unlocked setting in which school personnel may use positive behavioral interventions and support to help to calm or stabilize a student's disruptive behavior. A sensory room may also be referred to as a "calming room", "calming space", "comfort room", "comfort space", "sensory space", "timeout room", or "timeout space". The appropriate use of sensory rooms shall not be considered seclusion, which shall only be used for the limited purpose of responding to a student posing an imminent risk of harm to self or others.
Notifications & Reporting
Parent / Guardian Notification Required?
Yes
Notification Timeline
(b) The school employee who secluded or physically restrained the student or a school administrator shall notify the parent or legal guardian of the student via a phone call as soon as is practicable but no later than the end of the same school day.
Incident Reporting Requirements
At a minimum, the incident report shall include the following: (1) The name, age, grade, sex, race, and disability of the student secluded or restrained. (2) The date, time, location, and duration of the seclusion or physical restraint. (3) The name and title of each school employee involved and who was a witness. (4) A description of the events requiring the use of seclusion or physical restraint, including a description of the procedures and types of restraint used, any actions taken in an attempt to de-escalate the situation, and the student's behavior that suggest the student posed an imminent risk of harm to self or others. (5) A description of any student injuries, visible marks, or medical emergencies that occurred during or after the seclusion or physical restraint. (6) A description of the actions taken immediately following the student's release from seclusion or physical restraint, including actions to notify the student's parent or legal guardian. (7) A description of the student's actions immediately following the student's release from seclusion or restraint.
Reporting Timeline
A school employee who secluded or physically restrained a student shall document and report the incident in accordance with the policies adopted by the public school governing authority. The employee shall submit such report to the school principal by the end of the next school day following the incident. The principal or his designee shall submit the report to the parent by the end of the next school day following receipt of the report
Annual Reporting Requirements
N.(1) The State Board of Elementary and Secondary Education shall adopt rules establishing guidelines and procedures for public school systems to follow regarding the reporting of incidents of seclusion and physical restraint, including specific data elements to be included in such reporting. (2) Each public school governing authority, in accordance with state board policy, shall report all instances where seclusion or physical restraint is used to address student behavior to the state Department of Education. (3)(a) The state Department of Education shall maintain a database of all reported incidents of seclusion and physical restraint of students with exceptionalities and shall disaggregate the data for analysis by school; student age, race, ethnicity, and gender; student disability, where applicable; and any involved school employees. (b)(i) Based upon the data collected, the state Department of Education shall annually compile a comprehensive report regarding the use of seclusion and physical restraint of students with exceptionalities, which shall at a minimum include the following: (aa) The number of incidents of physical restraint disaggregated by school system; student age, race, ethnicity, gender, and student disability classification. (bb) The number of incidents of seclusion disaggregated by school system; student age, race, ethnicity, gender, and student disability classification. (cc) A list of the school systems and charter schools that have complied with the reporting requirements pursuant to Paragraph (2) of this Subsection. (ii) The state Department of Education shall post the annual report on its website and submit a written copy to the Senate and House committees on education and the Special Education Advisory Panel.
Annual Reporting Timeline
Annually not otherwise specified
Where Annual Reports are Published
https://doe.louisiana.gov/data-and-reports/special-education-reporting
Scope of Coverage
Scope of Coverage
Public and Charter Schools
Training Requirements
Staff Training Requirements
§7.2. Approved teacher education programs. In carrying out its responsibility to prescribe the qualifications and 9 provide for the certification of teachers under authority of R.S. 17:7(6), the State Board of Elementary and Secondary Education, subject to the constitutional power and authority of the Board of Regents, the Board of Supervisors for the University of Louisiana System, the Board of Supervisors of Louisiana State University and Agricultural and Mechanical College, and the Board of Supervisors of Southern University and Agricultural and Mechanical College, shall establish qualifications and requirements for the approval of teacher education programs from which graduates may be certified. The qualifications and requirements established by the State Board of Elementary and Secondary Education for an approved teacher education program shall include, but not be limited to the following: (10) That the program include completion of a crisis intervention training program, as provided in R.S. 17:416.21, and effective strategies for behavior management of students with disabilities, which may be incorporated into an existing course of study.
Links & Notes
Relevant Links
https://legis.la.gov/Legis/Law.aspx?d=762879https://doe.louisiana.gov/docs/default-source/academics/seclusion-and-restraint_one-pager.pdf?sfvrsn=95643ab8_1https://legis.la.gov/legis/Law.aspx?d=81025https://doe.louisiana.gov/docs/default-source/academics/ldoe-guide-for-defining-seclusion-and-restraint.pdf?sfvrsn=eeb88b1f_0
Notes
They seem to use timeouts and sensory rooms as the same thing