Vermont

Mechanical Restraint means the use of any device or object that restricts a student's movement or limits a student's sensory or motor functions unless under the direction of a healthcare professional for medical or therapeutic purposes. The term does not include devices implemented by trained school personnel, or utilized by a student for the specific and approved therapeutic and safety purposes for which such devices were designed including: a. Restraints for medical immobilization, b. Adaptive devices or mechanical supports used to achieve proper body position, balance or alignment; c. Vehicle safety restraints including a seat belt or harness used for balance or safety on a car or bus; or d. Seat belts in wheelchairs or on toilets.

Physical Restraint means the use of physical force to prevent an imminent and substantial risk of bodily harm to the student or others. Physical restraint does not include:a. Momentary periods of physical restriction by direct person-to-person contact, accomplished with limited force and designed either i. to prevent a student from completing an act that would result in potential physical harm to himself/herself or another person; or ii. to remove a disruptive student who is unwilling to leave the area voluntarily; b. The minimum contact necessary to physically escort a student from one place to another; c. Hand-over-hand assistance with feeding or task completion; or d. Techniques prescribed by a qualified medical professional for reason of safety or for therapeutic or medical treatment.

Chemical Restraint means a drug, medication or chemical used on a student to control behavior or restrict movement that is not: a. Prescribed by a student's licensed physician for the standard treatment of a student's medical or psychiatric condition; and b. Administered as prescribed by the licensed physician.

During a time-out a student is not left alone and is under adult supervision.

Seclusion means the confinement of a student alone in a room or area from which the student is prevented or reasonably believes he or she will be prevented from leaving. Seclusion does not include time-out where a student is not left alone and is under adult supervision

“Corporal punishment” means the intentional infliction of physical pain upon the body of a pupil as a disciplinary measure.

In a space large enough to permit safe movement that is adequately lit, heated, ventilated, free of sharp or otherwise dangerous objects; and in compliance with all fire and safety codes.

Physical restraint, not otherwise prohibited by these Rules, may be used only: a. When a student's behavior poses an imminent and substantial risk of physical injury to the student or others; b. Within the limits set forth in 16 VSA § 1161 a; c. Less restrictive interventions have failed or would be ineffective in stopping such imminent danger of physical injury or property damage; d. In accordance with a school-wide safety plan that is consistent with these rules; and e. In a manner that is safe, proportionate to and sensitive to the student's: i. Severity of behavior; ii. Chronological and developmental age; iii. Physical size; iv. Gender; v. Ability to communicate; vi. Cognitive ability; and vii. Known physical, medical, psychiatric condition, and personal history, including any history of physical, emotional or sexual abuse or trauma.

School personnel and contract service providers are prohibited from imposing on a student any of the following as defined in rule 4500.3: a. Mechanical restraint.

School personnel and contract service providers are prohibited from imposing on a student any of the following as defined in rule 4500.3: b. Chemical restraint.

Seclusion, not otherwise prohibited by these rules, may be used only: a. When a student's behavior poses an imminent and substantial risk of physical injury to the student or others; b. When less restrictive interventions have failed or would be ineffective in stopping such imminent risk of physical injury; c. As a temporary intervention; d. When physical restraint is contraindicated; Vermont State Board of Education Rules Series 4500 – Use of Restraint and Seclusion in Schools CVR 22-000-036 Page 6 of 12 e. When there is no known developmental, medical, psychological or other contraindication to its use; f. When the student is visually monitored at all times by an adult.

No person employed by or agent of a public or approved independent school shall inflict or cause to be inflicted corporal punishment upon a student attending the school or the institution.

Time out is not specified separately from Seclusion, although there is a reference to “time-out” in a Guideline statement put out by the Agency of Education in 2019.

Yes

The school administrator shall make a documented attempt to provide verbal or electronic notice of any incident of restraint or seclusion to the student's parents (as defined in 4500.3(13)) as soon as practical but in no event later than the end of the school day of its use; and b. Shall provide written notice to the parents within 24 hours of each use of restraint or seclusion.

The date and time of its use; ii. A description of the restraint and other intervention used; iii. The date and time when the debriefing session will occur; including notice that the parents have the opportunity to participate in the debriefing; and iv. The name and telephone number of the contact person who can provide further information.

The school administrator shall report the use of restraint or seclusion to the superintendent of the Supervisory Union whenever: a. There is death, injury or hospitalization to staff or student as a result of a restraint or seclusion; or b. An individual employee or contracted service provider has engaged in the use of physical restraint or seclusion three (3) separate times on one (1) or more students; or c. Physical restraint has been used for more than fifteen (15) minutes; or d. Any student has been restrained or secluded three (3) or more times per school year; or e. A student has been restrained or secluded more than once in a school day; or f. A student is restrained or secluded who is not on a behavioral intervention plan; or g. Restraint or seclusion has been used in violation of these rules, including the use of any prohibited form of restraint. Reports to the Superintendent shall be made within three school days of the incident that requires reporting and shall include all the information set forth in Rule 4504 required of a written record of each use of restraint or seclusion.

There is no requirement for annual reporting.

There is no requirement for annual reporting.

No reports are published

These rules are applicable to all learning environments that receive public funding, or over which the Vermont Department of Education has regulatory authority. which the Vermont Department of Education has regulatory authority

The Department of Education shall maintain a directory of recommended physical restraint training programs, which must include at least the following elements: a. Appropriate procedures for preventing the need for physical restraint, including the deescalation of dangerous behavior, relationship-building, and the use of alternatives to physical restraint; b. Identification of dangerous behaviors that may indicate the need for physical restraint and methods for evaluating the risk of harm to determine if physical restraint is warranted; c. Simulated experience in administering and in receiving a variety of physical restraint techniques, across a range of increasingly restrictive interventions; d. Instruction regarding the effects of physical restraint on the person restrained, including monitoring physical signs of distress and how to obtain medical assistance; e. Instruction regarding investigation of injuries and complaints.