Nebraska

Nebraska does not have a statewide statute or regulation governing restraint and seclusion in schools; under Rule 10 of the Nebraska Department of Education, each school system must have a seclusion and restraint policy approved by its governing body. In a 2010 guidance document, mechanical restraint is defined as when a device or object is used to restrain a person’s physical activity or movement.

Nebraska does not have a statewide statute or regulation governing restraint and seclusion in schools; under Rule 10 of the Nebraska Department of Education, each school system must have a seclusion and restraint policy approved by its governing body. In a 2010 guidance document, physical restraint was defined as any method of one or more persons restricting another person’s freedom of movement, physical activity, or normal access to his/her body.

Nebraska does not have a statewide statute or regulation governing restraint and seclusion in schools; under Rule 10 of the Nebraska Department of Education, each school system must have a seclusion and restraint policy approved by its governing body. In a 2010 guidance document, chemical restraint is defined as the use of medication to control behavior or restrict a person’s freedom of movement. Educators have typically not been involved in decisions to employ medications that manage behavior, and are prohibited by federal law (and by Rule 51 for students with disabilities) from requiring students to have medication prior to receiving educational services.

Nebraska does not have a statewide statute or regulation governing restraint and seclusion in schools; under Rule 10 of the Nebraska Department of Education, each school system must have a seclusion and restraint policy approved by its governing body. Timeout is not defined in the sample 2010 guidance.

Nebraska does not have a statewide statute or regulation governing restraint and seclusion in schools; under Rule 10 of the Nebraska Department of Education, each school system must have a seclusion and restraint policy approved by its governing body. In a 2010 guidance document, seclusion was defined as when a person is placed in a location where he or she is alone, and prevented physically from leaving that environment. It is the act of physically confining a person alone in a room or limited space, or with an adult who is there to prevent the person from leaving. Seclusion should be distinguished from other forms of time out that do not entail isolation and restricted egress (see definitions and discussion later in this document).

Corporal punishment, as prohibited in this section, is reasonably understood to be the infliction of bodily pain as a penalty for disapproved behavior. The use of corporal punishment by a teacher, in violation of this section, may subject the teacher to discipline for unprofessional conduct under section 79-824. Daily v. Board of Ed. of Morrill Cty. School Dist. No. 62-0063, 256 Neb. 73, 588 N.W.2d 813 (1999).

Nebraska does not have a statewide statute or regulation governing restraint and seclusion in schools; under Rule 10 of the Nebraska Department of Education, each school system must have a seclusion and restraint policy approved by its governing body.

There is no state law regarding the use of physical restraint. Guidance says the purpose of physical restraint is to control the behavior of a student in an emergency situation to prevent immediate danger or possible injuries to that student or others in the environment. While preventing property damage is sometimes included as a purpose for physical restraint, most professionals do not include that as a legitimate purpose of these procedures. Destruction of or damage to property may be a reason to restrain a student only if substantial risk of personal injury would be caused as a result of the destructive act (for example, throwing sharp or heavy objects when others are present). The example that follows is also taken from the Rhode Island State Department of Elementary and Secondary Education Physical Restraint Regulations as an illustration of a purpose statement: Purpose. The purpose of these regulations is to ensure that every student participating in a Rhode Island public education program be free from the unreasonable use of physical restraint and crisis intervention. They should only be used as a crisis intervention for the purpose of preventing harm or injury. There are other laws related to the use of Administrative and teaching personnel; authorized actions (79-258) which states administrative and teaching personnel may take actions regarding student behavior, other than those specifically provided in the Student Discipline Act, which are reasonably necessary to aid the student, further school purposes, or prevent interference with the educational process. Such actions may include, but need not be limited to, counseling of students, parent conferences, referral to restorative justice practices or services, rearrangement of schedules, requirements that a student remain in school after regular hours to do additional work, restriction of extracurricular activity, or requirements that a student receive counseling, psychological evaluation, or psychiatric evaluation upon the written consent of a parent or guardian to such counseling or evaluation.

There is no state law regarding the use of mechnical restraint.

There is no state law regarding the use of chemical restraint.

Nebraska does not have a statewide statute or regulation governing restraint and seclusion in schools; under Rule 10 of the Nebraska Department of Education, each school system must have a seclusion and restraint policy approved by its governing body. 2010 guidance suggests that seclusion is appropriate only when a student is displaying physical behavior that presents substantial imminent risk to the student or others, and the threat could be diminished if the student was in a safe environment away from other students and staff. Seclusion should only be employed as a last resort after other methods of de-escalating a dangerous situation have been attempted. Seclusion should only be used as long as necessary and should be discontinued when the student is no longer a threat to others. Seclusion should only be employed by staff members who have received specific district-approved crisis intervention training in the use of seclusion procedures. Seclusion must be used only when the student can safely be transported to the seclusion environment by trained staff members using appropriate techniques based on crisis intervention training. For students with disabilities, the use of seclusion should not be included in a student’s IEP or Behavior Intervention Plan.

Corporal Punishment is probited in Nebraska.

Nebraska does not have a statewide statute or regulation governing restraint and seclusion in schools; under Rule 10 of the Nebraska Department of Education, each school system must have a seclusion and restraint policy approved by its governing body. Time-out use is not addressed in guidance.

Nebraska does not have a statewide statute or regulation governing restraint and seclusion in schools; under Rule 10 of the Nebraska Department of Education, each school system must have a seclusion and restraint policy approved by its governing body. There is no statewide parent notification required, only 2010 guidance below. General Advance Notification of Possible Use A district whose policies on the maintenance of discipline include the use of physical restraint or seclusion shall notify parents to this effect as part of the information distributed annually or upon enrollment pursuant. Specific Parent or Guardian Notification When Procedures are Employed A school shall make reasonable efforts to notify the parent via telephone on the same day a restraint or seclusion procedure is used on the child. Within 24 hours after any use of physical restraint or seclusion, the school district serving the student shall also send written notice of the incident to the student’s parent(s) or guardian. Such notification shall include the student’s name, the date and time of the incident, a description of the intervention used, a description of any injuries sustained, and the name of a contact person with a telephone number to be called for further information (adapted from several state policies including Illinois Administrative Policy, 2010; Minnesota Department of Education; and Connecticut guidelines; see links for these in Appendix I). What are the important components of policy and procedures on appropriate reporting to parents? A policy should identify one individual with district-wide responsibility for oversight regarding the use of these procedures and to coordinate any data reporting requirements for the district. In addition, at least one individual (principal or designee) should be identified as having responsibility for these issues at the building level. It is also suggested that the policy, procedures, and restraint- and seclusion-related data be reviewed annually in order to reduce the need for restraint or seclusion in the future. In doing so, districts/facilities can obtain valuable information about the extent to which the policy and procedures are being adhered to, what implications there might be for possible revisions, whether behavioral programming for individual students is effective, and future training and/or program development needs. The review of this data can be accomplished in many ways. One option is to form an ad hoc committee that includes representatives from the Board, staff, and parents. Another option can be for an administrative team to review data. Districts/facilities may want to consider aligning the work of the Review Committee with other school entities such as a Crisis or Emergency Management committee. In Nebraska, a logical committee to have this oversight would be the school and/or district safety committee as required by Nebraska Rule 10 (Nebraska Department of Education, 2005). Some issues to consider are: • If not the safety committee, who will be on the Committee? • How will the Committee document their findings? • Who will be responsible for reviewing the Committee’s findings and implementing any necessary changes? • What documentation/information will the Committee consider? Based on what is included in an incident report form, the district will have readily available information to analyze including: • number of incidents by student, staff, program, etc. • specific patterns related to staff or student incidents • scope of prevention and de-escalation strategies used • number and nature of injuries incurred during restraints • staff training needs • environmental considerations, including physical space needs, noise levels, and seating arrangements (Adapted in part from New Hampshire documents; see link in Appendix I.)

Nebraska does not have a statewide statute or regulation governing restraint and seclusion in schools; under Rule 10 of the Nebraska Department of Education, each school system must have a seclusion and restraint policy approved by its governing body. There is no statewide parent notification required, only 2010 guidance below. A school shall make reasonable efforts to notify the parent via telephone on the same day a restraint or seclusion procedure is used on the child. Within 24 hours after any use of physical restraint or seclusion, the school district serving the student shall also send written notice of the incident to the student’s parent(s) or guardian. Such notification shall include the student’s name, the date and time of the incident, a description of the intervention used, a description of any injuries sustained, and the name of a contact person with a telephone number to be called for further information (adapted from several state policies including Illinois Administrative Policy, 2010; Minnesota Department of Education; and Connecticut guidelines; see links for these in Appendix I).

Nebraska does not have a statewide statute or regulation governing restraint and seclusion in schools; under Rule 10 of the Nebraska Department of Education, each school system must have a seclusion and restraint policy approved by its governing body. There is no statewide reporting required. However, Nebraska schools are required to submit data related to restraint and seclusion to the United States Department of Education Office of Civil Rights.

Nebraska does not have a statewide statute or regulation governing restraint and seclusion in schools; under Rule 10 of the Nebraska Department of Education, each school system must have a seclusion and restraint policy approved by its governing body. There is no statewide reporting required. However, Nebraska schools are required to submit data related to restraint and seclusion to the United States Department of Education Office of Civil Rights.

Nebraska does not have a statewide statute or regulation governing restraint and seclusion in schools; under Rule 10 of the Nebraska Department of Education, each school system must have a seclusion and restraint policy approved by its governing body. There is no statewide annual reporting required.

Nebraska does not have a statewide statute or regulation governing restraint and seclusion in schools; under Rule 10 of the Nebraska Department of Education, each school system must have a seclusion and restraint policy approved by its governing body. There is no statewide annual reporting required.

No reports are published.

No law, no scope of coverage.

Nebraska does not have a statewide statute or regulation governing restraint and seclusion in schools; under Rule 10 of the Nebraska Department of Education, each school system must have a seclusion and restraint policy approved by its governing body. Below is 2010 guidance related to training. Training for All School Staff Members Regarding Behavior Crises For all staff members in a school environment, it may be important to have basic training regarding what should happen when a student (or anyone) is in a behavioral crisis. This should include basic information and strategies regarding conflict de-escalation. It should include information about when and how to summon additional help in these situations and who has been trained within that school to engage in physical restraint or seclusion procedures. It should also emphasize the basic goal of preventing and avoiding the need for these procedures by creating a positive, welcoming, and caring school environment and by teaching and reinforcing appropriate student behavior. Training for Selected Staff Members as “First Responders” For those educators who may actually respond to emergency situations and might be involved with conducting physical restraint with students, the Rhode Island Department of Education has identified the following five components of training: Appropriate procedures for preventing the need for physical restraint/crisis intervention, including the de-escalation of problematic behavior, relationship building, and the use of alternatives to such restraints; • A description and identification of dangerous behaviors on the part of students that may indicate the need for physical restraint/crisis intervention and methods for evaluating the risk of harm in individual situations, in order to determine whether the use of physical restraint and crisis interventions are warranted; • The simulated experience of administering and receiving physical restraint/crisis intervention, instruction regarding the effects on the person restrained, including instruction on monitoring physical signs of distress and obtaining medical assistance; • Instruction regarding documentation and reporting requirements and investigation of injuries and complaints; and • Demonstration by participants of proficiency in administering physical restraint/crisis intervention. Training should also include basic first aid, Cardio Pulmonary Resuscitation (CPR) training, and use of pulse oximeters and automated electronic defibrillators (AEDs) now being made available in many schools.