South Carolina

Mechanical restraint is defined as the use of any device or equipment to restrict a student’s freedom of movement. This entails the use of any device or object (e.g., tape, ropes) that limits an individual’s body movement to prevent or manage problem behavior. Mechanical restraints such as tape, straps, tie downs, weighted blankets or vests, or other devices have also been used by educators to control student behavior. These situations represent mechanical restraint by educators that are not appropriate (OCR, 2016) 4 (CCBD, 2021) 5 .

Physical restraint is defined as a personal restriction that immobilizes or reduces the ability of an individual to move his or her torso, arms, legs, or head freely. The term physical restraint does not include a physical escort. Physical escort means a temporary touching or holding of the hand, wrist, arm, shoulder or back for the purpose of inducing a student who is acting out to walk to a safe location (OCR, 2016) 6 .

Chemical restraint is defined in the Council for Children with Behavior Disorders (CCBD) position summary as a drug or medication used on a student to control behavior or restrict freedom of movement that is not (a) prescribed by a licensed physician for the standard treatment of a student’s medical or psychiatric condition and (b) administered as prescribed by the licensed physician (CCBD, 2021)7 .

If the student is not alone, it is not seclusion, and if the student is not prevented from leaving, it is not seclusion. For example, instances where the student voluntarily removes him or herself to a private area for the purpose of calming down or de-escalating would not be considered seclusion because the student is not involuntarily confined and not prevented from leaving an area. Two types of time out that these guidelines do not cover include inclusionary time out and exclusionary time out. Inclusionary time out involves situations where the student remains in the classroom; therefore, the student maintains the ability to see and hear classroom instruction (e.g. the student is sent away from his or her desk and to the back of the room). Exclusionary time out occurs when a student is sent to an environment where the student is no longer able to access what is happening in the classroom; however, the student maintains access to students and/or staff. Examples of exclusionary time out include: sending the student to another classroom;  sending the student to the principal’s office;  sending the student to in-school-suspension; or  sending the student to detention.

Seclusion refers to the involuntary confinement of a student alone in a room or area from which the student is physically prevented from leaving (OCR, 2016)8 . This includes situations such as when a door is blocked by objects or held by staff. Any time a student is involuntarily alone in a room and prevented from leaving should be considered seclusion regardless of the intended purpose, the name applied to this procedure, or the location in which the student is secluded (Freeman et al., 2023)9 .

Corporal punishment is the intentional infliction of physical pain on a student as a consequence for disapproved behavior

If an LEA specifically condones the use of seclusion rooms, the following requirements must be met. 1. All seclusion environments must be inspected according to the current South Carolina Department of Education Office of School Facilities’ (SCDE-OSF) Planning and Construction Guide11 and compliant with the South Carolina Office of State Fire Marshal (SC-OSFM) Codes and Standards. 2. The construction and/or renovation to any school, specifically seclusion environments require approval and/or review by the SCDE-OSF and shall abide by the current SCDE-OSF Planning and Construction Guide as well as the SC-OSFM. 3. South Carolina Code Ann. §§ 59-23-210 and 59-23-220, (as indicated in the SCDE-OSF Guide), requires there must be a design professional whose responsibility is to coordinate all design requirements throughout the entire construction project. This professional must be an architect and/or engineer registered to practice in South Carolina and must be designated as the prime contact for the SCDE-OSF. 4. Seclusion environments shall meet all requirements of the current adopted International Building Code (IBC) and/or International Existing Building Code (IEBC), including automatic fire detection and sprinkler systems compliant with SC-OSFM Code and Standards. 5. Regulation 61-103 applies to seclusion rooms. Any existing seclusion rooms shall remain as is and any modifications to existing seclusion rooms will be scrutinized to the standards of this updated document, the current SCDE Restraint and Seclusion Guidance. 6. All items or articles that an occupant might use to injure him or herself shall be removed from the room used for seclusion (Bureau of Health Facilities Licensing, 2016)12. Vandal proof building elements, if required by the applicable code, shall be installed within the seclusion environment. The ceiling, wall, and floor of the seclusion environment shall be constructed using non-porous, antimicrobial materials. 7. All observation windows pertaining to seclusion rooms, as required by this document, must be code compliant and constructed with tempered safety glass. The observation window must allow the supervising adult the ability to observe the student at all times and from any possible viewing angle or area of the seclusion room. 8. All seclusion environments must meet egress requirements in the current edition of the IBC and IEBC. Any device or procedure used to prevent the student from exiting must be failsafe and automatically allow the student the ability to exit for self-preservation. Any door or door hardware must be specified and installed such that the door or door hardware cannot be wedged or held closed by any means other than an attendant applying pressure. Any occupant must be able to exit the room and egress out of the building during an emergency event or drill. An emergency event may be classified as a fire, but may also include a chemical spill, gas leak, bomb threat, or any other threat to the personal safety of building occupants. 9. Lockable hardware is prohibited from use for seclusion rooms. Using locking hardware would require reclassification of such room as I-3 occupancy, which is not inspected, permitted or authorized by the South Carolina Department of Education. An I-3 occupancy is characterized by persons who are generally incapable of self-preservation due to security measures not under the occupants’ control. If a space with a lockset is converted into a seclusion room, all locking hardware should be replaced. 10. Please see the current SCDE School Facilities Planning and Construction Guide for updated planning and construction guidelines. All items below are subject to modification in accordance with the current SCDE School Facilities’ guidelines.

Restraint & Seclusion Shall Only: be used when the student’s actions pose a threat of imminent, serious, physical harm to self and/or others and the student can cause such harm; be used as a last resort when less restrictive measures have not effectively de-escalated the risk of injury; last as long as necessary to resolve the actual risk of danger or harm; be reasonable and proportionate to the risk of harm to self or others and apply only the level of restriction/force necessary to manage such risk; be used by staff certified by an LEA approved crisis intervention training program.

The use of mechanical restraints in public school settings is prohibited.

The use of chemical restraints in public school settings is prohibited.

Restraint & Seclusion Shall Only: be used when the student’s actions pose a threat of imminent, serious, physical harm to self and/or others and the student can cause such harm; be used as a last resort when less restrictive measures have not effectively de-escalated the risk of injury; last as long as necessary to resolve the actual risk of danger or harm; be reasonable and proportionate to the risk of harm to self or others and apply only the level of restriction/force necessary to manage such risk; be used by staff certified by an LEA approved crisis intervention training program.

The governing body of each school district may provide corporal punishment for any pupil that it deems just and proper. (SC Code 59-63-260)

N/A

Yes

When physical restraint and/or seclusion is used, the following guidelines are strongly recommended: Verbal notification to the parent/guardian by the end of the day of the incident. Written notification to the parent/guardian within one school day of the incident. Documentation of parent notification must be kept in the student’s educational file. If the administrator is unable to reach the parent(s), documentation of efforts to reach them must be recorded.

Each incident of physical restraint and/or seclusion must be carefully documented. Documentation must include the following information: name, gender, race, ethnicity, disability status; actions attempted prior to restraint and/or seclusion to manage or de-escalate the situation and student’s response; location(s) of the restraint and/or seclusion; a clear description of the safety concerns posed to self and/or others; a description of the restraint and/or seclusion techniques used; names and position titles of the personnel involved with the incident; information on what training personnel completed before implementing restraint and/or seclusion; the student’s behavior before, during, and after restraint and/or seclusion; date and time the administrator was notified; date and time the student’s parent(s) were notified, and by whom; name and position of the person completing the documentation; date, time, and total duration of the incident, including documentation of the beginning and ending time of each application of physical restraint and/or seclusion; and total missed instructional time and/or educational services (in minutes) the student experienced, pre-incident, during the restraint and/or seclusion, and post-incident.

The South Carolina Department of Education (SCDE) guidelines state that the incident must be entered into the PowerSchool system immediately following the mandatory staff de-briefing, which itself must occur within one school day (24 hours) of the incident.

Each incident of physical restraint and/or seclusion must be carefully documented. Documentation must include the following information: name, gender, race, ethnicity, disability status; actions attempted prior to restraint and/or seclusion to manage or de-escalate the situation and student’s response; location(s) of the restraint and/or seclusion; a clear description of the safety concerns posed to self and/or others; a description of the restraint and/or seclusion techniques used; names and position titles of the personnel involved with the incident; information on what training personnel completed before implementing restraint and/or seclusion; the student’s behavior before, during, and after restraint and/or seclusion; date and time the administrator was notified; date and time the student’s parent(s) were notified, and by whom; name and position of the person completing the documentation; date, time, and total duration of the incident, including documentation of the beginning and ending time of each application of physical restraint and/or seclusion; and total missed instructional time and/or educational services (in minutes) the student experienced, pre-incident, during the restraint and/or seclusion, and post-incident.

The South Carolina Department of Education (SCDE) guidelines state that the incident must be entered into the PowerSchool system immediately following the mandatory staff de-briefing, which itself must occur within one school day (24 hours) of the incident.

They are not

Public Schools

Staff members who may be involved in using restraint or seclusion must complete annual training in positive behavioral prevention techniques, de-escalation techniques, and approved physical restraint techniques from an LEA approved professional training program. Staff should also receive training on their district policies and procedures.