Missouri

“Mechanical restraint”, the use of any device or equipment to restrict a student's freedom of movement. Mechanical restraint shall not include devices implemented by trained personnel or used by a student with a prescription for such devices from an appropriate medical or related services professional and that are used for specific and approved purposes for which such devices were designed, such as the following: (a) Adaptive devices or mechanical supports used to achieve proper body position, balance, or alignment to allow greater freedom of mobility than would be possible without the use of such devices or mechanical supports; (b) Vehicle safety restraints when used as intended during the transport of a student in a moving vehicle; (c) Restraints for medical immobilization; or (d) Orthopedically prescribed devices that permit a student to participate in activities without risk.

“Physical restraint”, a personal restriction such as person-to-person physical contact that immobilizes, reduces, or restricts the ability of a student to move the student's torso, arms, legs, or head freely. Physical restraint shall not include: (a) A physical escort, which is a temporary touching or holding of the hand, wrist, arm, shoulder, or back for the purpose of inducing a student to walk to a safe location; (b) Comforting or calming a student; (c) Holding a student's hand to transport the student for safety purposes; (d) Intervening in a fight; or (e) Using an assistive or protective device prescribed by an appropriately trained professional or professional team.

Not defined

A “timeout” is addressed inside the definition of “seclusion” as part of defining what seclusion is not, as follows: a behavior management technique that is part of an approved program, involves the monitored separation of the student in a nonlocked setting, and is implemented for the purpose of calming.

“Seclusion”, the involuntary confinement of a student alone in a room or area that the student is physically prevented from leaving and that complies with the building code in effect in the school district. Seclusion shall not include the following: (a) A timeout, which is a behavior management technique that is part of an approved program, involves the monitored separation of the student in a nonlocked setting, and is implemented for the purpose of calming; (b) In-school suspension; (c) Detention; or (d) Other appropriate disciplinary measures.

Not defined

Yes. § 160.263.1(5) RSMo requires a room or area used for seclusion to comply with the building code in effect in the school district. § 160.263.4(1)(c) RSMo requires each local school district’s restrictive behavioral intervention policy to establish specific implementation requirements, including facility specifications.

§160.263.4(3) RSMo: Each school district, charter school, and publicly contracted private provider shall reserve restraint or seclusion for situations or conditions in which there is imminent danger of physical harm to self or others. § 160.263.5(1) RSMo: Any student placed in seclusion or restraint shall be removed from such seclusion or restraint as soon as the school district, charter school, or publicly contracted private provider determines that the student is no longer an imminent danger of physical harm to self or others. § 160.263.3 RSMo: No mechanical, physical, or prone restraint technique may: (1) obstruct views of the student's face; (2) obstruct the student's respiratory airway, impair breathing or respiratory capacity, or restrict movement required for normal breathing to cause positional or postural asphyxia; (3) place pressure or weight on or cause compression of the student's chest, lungs, sternum, diaphragm, back, abdomen, or genitals; (4) obstruct circulation of blood; (5) involve pushing on or into the student's mouth, nose, eyes, or any part of the face or covering the face or body with anything, including soft objects; (6) endanger the student's life or significantly exacerbate the student's medical condition; (7) be purposely designed to inflict pain; or (8) restrict the student from communicating.

§160.263.4(3) RSMo: Each school district, charter school, and publicly contracted private provider shall reserve restraint or seclusion for situations or conditions in which there is imminent danger of physical harm to self or others. § 160.263.5(1) RSMo: Any student placed in seclusion or restraint shall be removed from such seclusion or restraint as soon as the school district, charter school, or publicly contracted private provider determines that the student is no longer an imminent danger of physical harm to self or others. Research Note: Under § 160.263.1(4) RSMo, “restraint” includes, but is not limited to, mechanical restraint, physical restraint, and prone restraint. Therefore, the criterion for use of mechanical restraint is the same as physical restraint.

Not specified.

§160.263.2 RSMo: The school discipline policy under section 160.261 shall reserve confining a student in seclusion for situations or conditions in which there is imminent danger of physical harm to self or others. § 160.263.5(1) RSMo: Any student placed in seclusion or restraint shall be removed from such seclusion or restraint as soon as the school district, charter school, or publicly contracted private provider determines that the student is no longer an imminent danger of physical harm to self or others.

An employee or agent of a district shall not inflict corporal punishment or cause corporal punishment to be inflicted upon a pupil to reform unacceptable conduct or as a penalty for unacceptable conduct

Established by local policy. Under § 160.263.1(5)(a) RSMo, a timeout is described as a behavior management technique that is part of an approved program, involves the monitored separation of the student in a nonlocked setting, and is implemented for the purpose of calming. § 160.263.4(1)(b)-(c) RSMo requires each local board’s restrictive behavioral intervention policy to establish the circumstances under which interventions are allowed or prohibited and specific implementation requirements, including time limits, facility specifications, training requirements, and supervision requirements.

Yes. Under § 160.263.5(4) RSMo, the school district, charter school, or publicly contracted private provider must attempt to notify the parent or legal guardian whenever seclusion or restraint is used. The notification must be oral or electronic.

§160.263.5(4) RSMo: The school district, charter school, or publicly contracted private provider shall attempt to notify the parents or legal guardians as soon as possible but no later than one hour after the end of the school day on which the use of seclusion or restraint occurred. Notification shall be oral or electronic and shall include a statement indicating that the school district, charter school, or publicly contracted private provider will provide the parents or legal guardians a copy of the incident report within five school days. Additionally, § 160.263.5(3)(b) RSMo requires the actual incident report to be provided to the parent or legal guardian within five school days.

§160.263.5(3)(a) RSMo Each time seclusion or restraint is used for a student, the incident shall be monitored by a member of the school district, charter school, or publicly contracted private provider personnel, and a report shall be completed that contains, at a minimum: (a) the date, time of day, location, duration, and description of the incident and interventions; (b) any event leading to the incident and the reason for using seclusion or restraint; (c) a description of the methods of seclusion or restraint used; (d) the nature and extent of any injury to the student; (e) the names, roles, and certifications of each employee involved in the use of seclusion or restraint; (f) the name, role, and signature of the person who prepared the report; (g) the name of an employee whom the parent or guardian can contact regarding the incident and use of seclusion or restraint; (h) the name of an employee to contact if the parent or guardian wishes to file a complaint; and (i) a statement directing parents and legal guardians to a sociological, emotional, or behavioral support organization and a hotline number to report child abuse and neglect. § 160.263.5(3)(b) RSMo. The report shall be maintained as an education record of the student, provided to the parent or legal guardian within five school days, and a copy shall be provided to the Department of Elementary and Secondary Education within thirty days of the incident.

Note that reporting seclusion data through Stepwell MN will require names and Minnesota Automated Reporting Student System (MARSS) numbers for students who were secluded during the quarter, as well as the date and length of each seclusion and whether the student was injured during the seclusion. Information about staff injuries and seclusion rooms is also collected.

§160.263.5(3)(b) RSMo The school district, charter school, or publicly contracted private provider shall maintain each seclusion or restraint incident report as an education record of the student, provide a copy to the parent or legal guardian within five school days, and provide a copy of each incident report to the Department of Elementary and Secondary Education within thirty days of the incident. § 160.263.6 RSMo The Department of Elementary and Secondary Education shall compile and maintain all incidents reported under this section in the department’s core data system and make such data available on the Missouri comprehensive data system. No personally identifiable data shall be accessible on the database. Research Note: Missouri does not require LEAs to submit a separate annual restraint and seclusion report. Rather, individual incidents are reported to DESE within 30 days, and DESE compiles and publicly reports the resulting statewide data.

Not applicable as a separate annual reporting deadline. Under § 160.263.5(3)(b) RSMo, a copy of each individual seclusion or restraint incident report must be provided to the Missouri Department of Elementary and Secondary Education within 30 days of the incident. DESE then compiles and maintains all reported incidents under § 160.263.6 RSMo.

https://dese.mo.gov/seclusion-and-restraint-resources-and-data

Both. §160.263 RSMo applies to school districts, charter schools, and publicly contracted private providers. Private-school coverage is therefore limited to private providers serving students through public contracts; the statute does not generally apply to all private schools.

§160.263.5(2) RSMo: All school district, charter school, and publicly contracted private provider personnel shall annually review the policy and procedures involving the use of seclusion and restraint. Personnel who use seclusion or restraint shall annually complete mandatory training in the specific seclusion and restraint techniques the school district, charter school, or publicly contracted private provider uses under this section.