North Carolina

(7) "Mechanical restraint" means the use of any device or material attached or adjacent to a student's body that restricts freedom of movement or normal access to any portion of the student's body and that the student cannot easily remove.

"Physical restraint" means the use of physical force to restrict the free movement of all or a portion of a student's body.

It does not say

"Time-out" means a behavior management technique in which a student is separated from other students for a limited period of time in a monitored setting.

"Seclusion" means the confinement of a student alone in an enclosed space from which the student is: a. Physically prevented from leaving by locking hardware or other means. b. Not capable of leaving due to physical or intellectual incapacity. "Isolation" means a behavior management technique in which a student is placed alone in an enclosed space from which the student is not prevented from leaving.

Corporal punishment. - The intentional infliction of physical pain upon the body of a student as a disciplinary measure.

(1) The space used for isolation is appropriately lighted, ventilated, and heated or cooled. (2) The duration of the isolation is reasonable in light of the purpose of the isolation. (3) The student is reasonably monitored while in isolation. (4) The isolation space is free of objects that unreasonably expose the student or others to harm.

(1) Physical restraint of students by school personnel shall be considered a reasonable use of force when used in the following circumstances: a. As reasonably needed to obtain possession of a weapon or other dangerous objects on a person or within the control of a person. b. As reasonably needed to maintain order or prevent or break up a fight. c. As reasonably needed for self-defense. d. As reasonably needed to ensure the safety of any student, school employee, volunteer, or other person present, to teach a skill, to calm or comfort a student, or to prevent self-injurious behavior. e. As reasonably needed to escort a student safely from one area to another. f. If used as provided for in a student's IEP or Section 504 plan or behavior intervention plan. g. As reasonably needed to prevent imminent destruction to school or another person's property. (2) Except as set forth in subdivision (1) of this subsection, physical restraint of students shall not be considered a reasonable use of force, and its use is prohibited. (3) Physical restraint shall not be considered a reasonable use of force when used solely as a disciplinary consequence. (4) Nothing in this subsection shall be construed to prevent the use of force by law enforcement officers in the lawful exercise of their law enforcement duties.

(1) Mechanical restraint of students by school personnel is permissible only in the following circumstances: a. When properly used as an assistive technology device included in the student's IEP or Section 504 plan or behavior intervention plan or as otherwise prescribed for the student by a medical or related service provider. b. When using seat belts or other safety restraints to secure students during transportation. c. As reasonably needed to obtain possession of a weapon or other dangerous objects on a person or within the control of a person. d. As reasonably needed for self-defense. e. As reasonably needed to ensure the safety of any student, school employee, volunteer, or other person present. (2) Except as set forth in subdivision (1) of this subsection, mechanical restraint, including the tying, taping, or strapping down of a student, shall not be considered a reasonable use of force, and its use is prohibited. (3) Nothing in this subsection shall be construed to prevent the use of mechanical restraint devices such as handcuffs by law enforcement officers in the lawful exercise of their law enforcement duties.

It does not say

(1) Seclusion of students by school personnel may be used in the following circumstances: a. As reasonably needed to respond to a person in control of a weapon or other dangerous object. b. As reasonably needed to maintain order or prevent or break up a fight. c. As reasonably needed for self-defense. d. As reasonably needed when a student's behavior poses a threat of imminent physical harm to self or others or imminent substantial destruction of school or another person's property. e. When used as specified in the student's IEP, Section 504 plan, or behavior intervention plan; and 1. The student is monitored while in seclusion by an adult in close proximity who is able to see and hear the student at all times. 2. The student is released from seclusion upon cessation of the behaviors that led to the seclusion or as otherwise specified in the student's IEP or Section 504 plan. 3. The space in which the student is confined has been approved for such use by the local education agency. 4. The space is appropriately lighted. 5. The space is appropriately ventilated and heated or cooled. 6. The space is free of objects that unreasonably expose the student or others to harm.

(a1) Any corporal punishment administered on students with disabilities shall be consistent with the requirements of G.S. 115C-390.4. Corporal punishment. (a) Each governing body of a public school unit shall determine whether corporal punishment will be permitted in its public school unit. Notwithstanding a governing body's prohibition on the use of corporal punishment, school personnel may use physical restraint in accordance with federal law and G.S. 115C-391.1 and reasonable force pursuant to G.S. 115C-390.3. (b) To the extent that corporal punishment is permitted, the policies adopted for the administration of corporal punishment shall include at a minimum the following: (1) Corporal punishment shall not be administered in a classroom with other students present. (2) Only a teacher, principal, or assistant principal may administer corporal punishment and may do so only in the presence of a principal, assistant principal, or teacher who shall be informed beforehand and in the student's presence of the reason for the punishment. (3) A school person shall provide the student's parent with notification that corporal punishment has been administered, and the person who administered the corporal punishment shall provide the student's parent a written explanation of the reasons and the name of the second person who was present. (4) The school shall maintain records of each administration of corporal punishment and the reasons for its administration. (5) In no event shall excessive force be used in the administration of corporal punishment. Excessive force includes force that results in injury to the child that requires medical attention beyond simple first aid. (6) Corporal punishment shall not be administered on a student whose parent or guardian has stated in writing that corporal punishment shall not be administered to that student. Parents and guardians shall be given a form to make such an election at the beginning of the school year or when the student first enters the school during the year. The form shall advise the parent or guardian that the student may be subject to suspension, among other possible punishments, for offenses that would otherwise not require suspension if corporal punishment were available. If the parent or guardian does not return the form, corporal punishment may be administered on the student.

Time-Out. - Nothing in this section is intended to prohibit or regulate the use of time-out as defined in this section.

Only in specific situations

When a principal or principal's designee has personal knowledge or actual notice of any of the events described in this subdivision, the principal or principal's designee shall promptly notify the student's parent or guardian and will provide the name of a school employee the parent or guardian can contact regarding the incident. (3) As used in subdivision (2) of this subsection, "promptly notify" means by the end of the workday during which the incident occurred when reasonably possible, but in no event later than the end of the following workday. The parent or guardian of the student shall be provided with a written incident report for any incident reported under this section within a reasonable period of time, but in no event later than 30 days after

The written incident report shall include: a. The date, time of day, location, duration, and description of the incident and interventions. b. The events or events that led up to the incident. c. The nature and extent of any injury to the student. d. The name of a school employee the parent or guardian can contact regarding the incident.

Notice of procedures. - Each governing body of a public school unit shall provide copies of this section and all governing body policies developed to implement this section to school personnel and parents or guardians at the beginning of each school year. (2) Notice of specified incidents: a. School personnel shall promptly notify the principal or principal's designee of: 1. Any use of aversive procedures. 2. Any prohibited use of mechanical restraint. 3. Any use of physical restraint resulting in observable physical injury to a student. 4. Any prohibited use of seclusion or seclusion that exceeds 10 minutes or the amount of time specified on a student's behavior intervention plan.

Not specified

To Report Certain Incidents of Seclusion and Restraint. - Local boards of education shall maintain a record of incidents reported under G.S. 115C-391.1(j)(4) and shall provide this information annually to the State Board of Education.

They are not

Public Schools and some Charter Schools

Staff are not required to be trained or certified before using physical restraint. School districts must offer training in de-escalation and proper restraint techniques, but the state does not strictly require individual staff members to hold a certification or complete mandatory training before using physical restraint in an emergency.