New Hampshire

"Mechanical restraint" occurs when a physical device or devices are used to restrict the movement of a child or the movement or normal function of a portion of his or her body.

"Restraint'' means bodily physical restriction, mechanical devices, or any device that immobilizes a person or restricts the freedom of movement of the torso, head, arms, or legs. It includes mechanical restraint, physical restraint, and medication restraint used to control behavior in an emergency or any involuntary medication. It is limited to actions taken by persons who are school or facility staff members, contractors, or otherwise under the control or direction of a school or facility.

"Medication restraint" occurs when a child is given medication involuntarily for the purpose of immediate control of the child's behavior.

Time-out is not defined separately from seclusion.

“Seclusion” means: the involuntary confinement of a child alone in any room or area from which the child is unable to exit, either due to physical manipulation by a person, a lock, or other mechanical device or barrier, or from which the child reasonably believes they are not free to leave; or, the involuntary confinement of a child to a room or area, separate from their peers, with one or more adults who are using their physical presence to prevent egress. The term shall not include: the voluntary separation of a child from a stressful environment for the purpose of allowing the child to regain self-control, when such separation is to an area which a child is able to leave; circumstances in which there is no physical barrier, and the child is physically able to leave; or involuntary confinement of a child to a room or area with an adult who is actively engaging in a therapeutic intervention. A circumstance may be considered seclusion even if a window or other device for visual observation is present, if the other elements of this definition are satisfied.

"Corporal punishment" means any punishment in which physical force is issued and intended to cause some degree of pain or discomfort, and is exclusive of restraint as defined in RSA 126-U:1, IV or physical force used to protect self or others.

When permitted by this chapter, seclusion may only be imposed in rooms which: (a) Are of a size which is appropriate for the chronological and developmental age, size, and behavior of the children placed in them. (b) Have a ceiling height that is comparable to the ceiling height of the other rooms in the building in which they are located. (c) Are equipped with heating, cooling, ventilation, and lighting systems that are comparable to the systems that are in use in the other rooms of the building in which they are located. (d) Are free of any object that poses a danger to the children being placed in the rooms. (e) Have doors which are either not equipped with locks, or are equipped with devices that automatically disengage the lock in case of an emergency. For the purposes of this subparagraph, an “emergency” includes, but is not limited to: (1) The need to provide direct and immediate medical attention to a child; (2) Fire; (3) The need to remove a child to a safe location during a building lockdown; or (4) Other critical situations that may require immediate removal of a child from seclusion to a safe location. (f) Are equipped with unbreakable observation windows or equivalent devices to allow the safe, direct, and uninterrupted observation of every part of the room.

Restraint shall only be used in a school or facility to ensure the immediate physical safety of persons when there is a substantial and imminent risk of serious bodily harm to the child or others. The determination of whether the use of restraint is justified under this section may be made with consideration of all relevant circumstances, including whether continued acts of violence by a child to inflict damage to property will create a substantial risk of serious bodily harm to the child or others. Restraint shall be used only by trained personnel using extreme caution when all other interventions have failed or have been deemed inappropriate.

Use of restraint in schools shall be limited to physical restraint as permitted by this chapter. Schools shall not use medication restraint and shall not use mechanical restraint except as otherwise permitted in the transportation of children pursuant to RSA 126-U:12.

Use of restraint in schools shall be limited to physical restraint as permitted by this chapter. Schools shall not use medication restraint and shall not use mechanical restraint except as otherwise permitted in the transportation of children pursuant to RSA 126-U:12.

Seclusion shall never be used explicitly or implicitly as punishment or discipline for the behavior of a child. It may only be used when a child’s behavior poses a substantial and imminent risk of physical harm to the child or to others, and may only continue until that danger has dissipated. II. Seclusion shall only be used by trained personnel after other approaches to the control of behavior have been attempted and been unsuccessful, or are reasonably concluded to be unlikely to succeed based on the history of actual attempts to control the behavior of a particular child. III. Seclusion shall not be used in a manner that unnecessarily subjects the child to the risk of ridicule, humiliation, or emotional or physical harm.

Use of Corporal Punishment Prohibited.

Time-out is not defined separately from seclusion.

Yes

Unless prohibited by court order, the superintendent, acting superintendent, superintendent’s designee, acting superintendent’s designee, or school administrator shall, as soon as possible, verbally notify the parent or guardian whenever seclusion or restraint has been used on a child.

(1) The date, time, and duration of the use of seclusion or restraint; (2) A description of the actions of the child before, during, and after the occurrence; (3) A description of any other relevant events preceding the use of seclusion or restraint, including the justification for initiating the use of restraint; (4) The names of the persons involved in the occurrence; (5) A description of the actions of the facility or school employees involved before, during, and after the occurrence; (6) A description of any interventions used prior to the use of the seclusion or restraint; (7) A description of the seclusion or restraint used, including any hold used and the reason the hold was necessary; (8) A description of any injuries sustained by, and any medical care administered to, the child, employees, or others before, during, or after the use of seclusion or restraint; (9) A description of any property damage associated with the occurrence; (10) A description of actions taken to address the emotional needs of the child during and following the incident; (11) A description of future actions to be taken to control the child’s problem behaviors; (12) The name and position of the employee completing the notification; and (13) The anticipated date of the final report.

I. Unless prohibited by court order, the facility or school shall, make reasonable efforts to verbally notify the child’s parent or guardian and guardian ad litem whenever seclusion or restraint has been used on the child. Such notification shall be made as soon as practicable and in no event later than the time of the return of the child to the parent or guardian or the end of the business day, whichever is earlier. Notification shall be made in a manner calculated to give the parent or guardian actual notice of the incident at the earliest practicable time. II. A facility employee or school employee who uses seclusion or restraint, or if the facility employee or school employee is unavailable, a supervisor of such employee, shall, within 5 business days after the occurrence, submit a written notification, on a form developed by the department of education and department of health and human services, in consultation with the office of the child advocate, containing the following information to the director or his or her designee: (a) The date, time, and duration of the use of seclusion or restraint. (b) A description of the actions of the child before, during, and after the occurrence. (c) A description of any other relevant events preceding the use of seclusion or restraint, including the justification for initiating the use of restraint. (d) The names of the persons involved in the occurrence. (e) A description of the actions of the facility or school employees involved before, during, and after the occurrence. (f) A description of any interventions used prior to the use of the seclusion or restraint. (g) A description of the seclusion or restraint used, including any hold used and the reason the hold was necessary. (h) A description of any injuries sustained by, and any medical care administered to, the child, employees, or others before, during, or after the use of seclusion or restraint. (i) A description of any property damage associated with the occurrence. (j) A description of actions taken to address the emotional needs of the child during and following the incident. (k) A description of future actions to be taken to control the child’s problem behaviors. (l) The name and position of the employee completing the notification. (m) The anticipated date of the final report. III. Unless prohibited by court order, the director or his or her designee shall, within 2 business days of receipt of the notification required in paragraph II, send or transmit by first class mail or electronic transmission to the child’s parent or guardian and the guardian ad litem the information contained in the notification. Each notification prepared under this section shall be retained by the school or facility for review in accordance with rules adopted under RSA 541-A by the state board of education and the department of health and human services. IV. Whenever a facility or school employee has intentional physical contact with a child which is in response to a child’s aggression, misconduct, or disruptive behavior, a representative of the school or facility shall make reasonable efforts to promptly notify the child’s parent or guardian. Such notification shall be made no later than the time of the return of the child to the parent or guardian or the end of the business day, whichever is earlier. Notification shall be made in a manner calculated to give the parent or guardian actual notice of the incident at the earliest practicable time. V. In any case requiring notification under paragraph IV, the school or facility shall, within 5 business days of the occurrence, prepare a written description of the incident. Such description shall include at least the following information: (a) The date and time of the incident. (b) A brief description of the actions of the child before, during, and after the occurrence. (c) The names of the persons involved in the occurrence. (d) A brief description of the actions of the facility or school employees involved before, during, and after the occurrence. (e) A description of any injuries sustained by, and any medical care administered to, the child, employees, or others before, during, or after the incident. VI. The notification and record-keeping requirements of paragraphs IV and V shall not apply in the following circumstances: (a) When a child is escorted from an area by way of holding of the hand, wrist, arm, shoulder, or back to induce the child to walk to a safe location. However, if the child is actively combative, assaultive, or self-injurious while being escorted, the requirements of paragraphs IV and V shall apply. (b) When actions are taken such as separating children from each other, inducing a child to stand, or otherwise physically preparing a child to be escorted. (c) When the contact with the child is incidental or minor, such as for the purpose of gaining a misbehaving child’s attention. However, blocking of a blow, forcible release from a grasp, or other significant and intentional physical contact with a disruptive or assaultive child shall be subject to the requirements. (d) When an incident is subject to the requirements of paragraphs I-III.

(a) Periodic, regular review by the department of education of records maintained by schools relative to the use of seclusion and restraint. (b) A process for the department of education’s receipt of complaints and its conduct of investigations of improper use of seclusion and restraint in schools. The process shall provide for: (1) Investigation of complaints regarding any violation of this chapter, regardless of whether injury results. (2) Investigation by persons not affiliated with the school district which is the subject of the complaint. (3) Resolution of complaints and completion of investigations within 30 days, with provision for limited extensions for good cause. (4) Protection of children before and after completion of the investigation. (5) Appropriate remedial measures to address physical and other injuries, protect against retaliation, and reduce the incidence of violations of this chapter.

Beginning November 1, 2010, and each November 1 thereafter, the state board of education shall provide an annual report to the chairpersons of the education committees of the senate and house of representatives regarding the use of seclusion and restraint in schools. The annual report shall be prepared from the periodic, regular review of such records, and shall include the number and location of reported incidents and the status of any outstanding investigations.

https://www.education.nh.gov/who-we-are/division-of-educator-and-analytic-resources/bureau-of-education-statistics/restraint-and-seclusion

“School” means: (a) A school operated by a school district. (b) A chartered public school governed by RSA 194-B. (c) A public academy as defined in RSA 194:23, II. (d) A nonpublic school subject to the approval authority of the state board of education under RSA 186:11, XXIX. (e) A private or public provider of any component of a child’s individualized education program under RSA 186-C.

Restraint and/or seclusion may only be used or implemented by trained school staff.