Nevada

“Mechanical restraint” means the use of devices, including, without limitation, mittens, straps and restraint chairs to limit a person’s movement or hold a person immobile.

“Physical restraint” means the use of physical contact to limit a person’s movement or hold a person immobile.

“Chemical restraint” means the administration of drugs to a person for the specific and exclusive purpose of controlling an acute or episodic behavior that places the person or others at a risk of harm when less restrictive alternative intervention techniques have failed to limit or control the behavior. The term does not include the administration of drugs prescribed by a physician, physician assistant or advanced practice registered nurse as standard treatment for the mental or physical condition of the person.

Not specified.

Nevada does not separately define "seclusion" or "isolation." Instead, the placement of a person alone in a room where the person is prevented from leaving is included within the statutory definition of an aversive intervention.

“Corporal punishment” means the intentional infliction of physical pain, including, without limitation, hitting, pinching or striking.

None identified. Nevada does not establish statutory space requirements for a seclusion room. The placement of a person alone in a room where the person is prevented from leaving is regulated as an aversive intervention rather than through seclusion room standards.

Except as otherwise provided in subsection 2, physical restraint may be used on a pupil with a disability only if an emergency exists that necessitates the use of physical restraint; the physical restraint is used only for the period that is necessary to contain the behavior of the pupil so that the pupil is no longer an immediate threat of causing physical injury to the pupil or to others or causing severe property damage; and the use of force in the application of physical restraint does not exceed the force that is reasonable and necessary under the circumstances precipitating the use of physical restraint. Physical restraint may be used on a pupil with a disability and the provisions of subsection 1 do not apply if the physical restraint is used to assist the pupil in completing a task or response if the pupil does not resist the application of physical restraint or if the pupil's resistance is minimal in intensity and duration; escort or carry the pupil to safety if the pupil is in danger in his or her present location; or conduct medical examinations or treatments on the pupil that are necessary. If physical restraint is used on a pupil with a disability in an emergency, the use of the procedure must be reported in the pupil's cumulative record and a confidential file maintained for the pupil not later than 1 working day after the procedure is used. A copy of the report must be provided to the board of trustees of the school district or its designee, the pupil's individualized education program team, and the parent or guardian of the pupil. If the board of trustees or its designee determines that a denial of the pupil's rights has occurred, the board of trustees or its designee shall submit a report to the Department in accordance with NRS 388.513. If a pupil with a disability has three reports of the use of physical restraint in his or her record pursuant to subsection 3 in 1 school year, the school district shall notify the school in which the pupil is enrolled to review the circumstances of the use of the restraint on the pupil and provide a report to the school district on its findings. If a pupil with a disability has five reports of the use of physical restraint in his or her record pursuant to subsection 3 in 1 school year, the pupil's individualized education program must be reviewed in accordance with the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1414 et seq., and the regulations adopted pursuant thereto. If physical restraint continues after the pupil's individualized education program has been reviewed, the school district and the parent or legal guardian of the pupil shall include in the pupil's individualized education program additional methods that are appropriate for the pupil to ensure that the restraint does not continue, including, without limitation, mentoring, training, a functional behavioral assessment, a positive behavior plan, and positive behavioral supports.

Except as otherwise provided in subsection 2, mechanical restraint may be used on a pupil with a disability only if an emergency exists that necessitates the use of mechanical restraint; a medical order authorizing the use of mechanical restraint from the pupil's treating physician or advanced practice registered nurse is included in the pupil's individualized education program before the application of the mechanical restraint; the physician or advanced practice registered nurse who signed the order, or the attending physician or attending advanced practice registered nurse, examines the pupil as soon as practicable after the application of the mechanical restraint; the mechanical restraint is applied by a member of the staff of the school who is trained and qualified to apply mechanical restraint; the pupil is given the opportunity to move and exercise the parts of his or her body that are restrained at least 10 minutes per every 60 minutes of restraint, unless otherwise prescribed by the physician or advanced practice registered nurse who signed the order; a member of the staff of the school lessens or discontinues the restraint every 15 minutes to determine whether the pupil will stop injury to himself or herself without the use of the restraint; the record of the pupil contains a notation that includes the time of day that the restraint was lessened or discontinued, the response of the pupil, and the response of the member of the staff of the school who applied the mechanical restraint; a member of the staff of the school continuously monitors the pupil during the time that mechanical restraint is used; and the mechanical restraint is used only for the period necessary to contain the behavior of the pupil so that the pupil is no longer an immediate threat of causing physical injury to himself or herself.

Not applicable. Chemical restraint is prohibited as an aversive intervention for pupils with disabilities under NRS 388.497.

Not applicable. Nevada does not establish criteria for the use of seclusion or isolation. This practice is regulated as an aversive intervention, which is prohibited for pupils with disabilities under NRS 388.497.

Not applicable. Corporal punishment is prohibited as an aversive intervention for pupils with disabilities under NRS 388.497.

Not specified.

Yes. If physical or mechanical restraint is used on a pupil with a disability in an emergency, a copy of the report must be provided to the parent or guardian. (These requirements apply to pupils with disabilities under NRS 388.501 and NRS 388.503.)

Not later than 1 working day after the procedure is used. (These requirements apply to pupils with disabilities under NRS 388.501 and NRS 388.503.)

Each school must report to its school district the number of instances of physical restraint, mechanical restraint, and violations of NRS 388.471–388.515. School districts must aggregate the information for each school, calculate the number of incidents per teacher and per pupil, protect personally identifiable information, and submit the annual report to the Department.

If physical or mechanical restraint is used on a pupil with a disability in an emergency, the use of the procedure must be reported in the pupil's cumulative record and confidential file not later than 1 working day after the procedure is used. A copy of the report must also be provided to the board of trustees or its designee, the pupil's IEP team, and the parent or guardian.

Each school district must prepare an annual report for each school that includes: (1) the number of instances of physical restraint, reported per teacher and per pupil; (2) the number of instances of mechanical restraint, reported per teacher and per pupil; and (3) the number of violations of NRS 388.471–388.515 by type of violation, reported per teacher and per pupil. Reports may not disclose personally identifiable information about pupils or teachers.

School districts must prepare the report on or before August 1 each year and submit it to the Nevada Department of Education on or before August 15. The Department must compile the reports and submit its statewide report on or before October 1.

Pursuant to NRS 388.515, the Nevada Department of Education compiles the annual reports submitted by school districts and submits the statewide report to the Legislature. The reports are published through the Nevada Legislature's "Reports to the Legislature" document repository. Search for "restraint" to locate the annual "Report on the Use of Physical Restraints, Mechanical Restraints, and Aversive Interventions on Students with Disabilities." https://www.leg.state.nv.us/dbtw-wpd/Reports.html

Nevada maintains parallel statutory frameworks for public schools (NRS Chapter 388) and private schools (NRS Chapter 394) serving pupils with disabilities. The requirements apply within the scope of each respective chapter. Nevada's statutory framework governing aversive interventions, physical restraint, and mechanical restraint applies specifically to pupils with disabilities in public schools (NRS Chapter 388) and private schools serving pupils with disabilities (NRS Chapter 394). No comparable statewide statutory framework governing restraint or seclusion for general education students was identified during this review. Accordingly, references throughout this summary are limited to the disability-specific statutory provisions unless otherwise noted.

The Nevada Department of Education must develop a model education program to train staff identified in the individualized education programs of pupils with disabilities. The program must provide instruction in positive behavioral interventions and positive behavioral supports, including environmental modifications, skill-building, methods to enhance independence and quality of life, the use of the least intrusive interventions, and individualized behavior intervention design. School districts must also provide appropriate training to staff authorized to carry out and monitor physical restraint and mechanical restraint to ensure they are qualified to implement those procedures in accordance with NRS 388.471–388.515.