Virginia

“Mechanical restraint” means the use of any material, device, or equipment to restrict a student’s freedom of movement. The term “mechanical restraint” does not include the devices implemented by trained school personnel or used by a student that have been prescribed by an appropriate medical or related service professional and are used with parental consent and for the specific and approved purposes for which such devices were designed, such as: 1. Adaptive devices or mechanical supports used to achieve proper body position, balance, or alignment to allow greater freedom of mobility than would be possible without the use of such devices or mechanical supports; 2. Vehicle restraints, including seat belts, when used as intended during the transport of a student in a moving vehicle; 3. Restraints for medical immobilization; 4. Orthopedically prescribed devices that permit a student to participate in activities without risk of harm; or 5. High chairs and feeding stations used for age or developmentally appropriate students.

"Physical restraint" means a personal restriction that immobilizes or reduces the ability of a student to move freely. The term "physical restraint" does not include (i) briefly holding a student to calm or comfort the student; (ii) holding a student's hand or arm to escort the student safely from one area to another; or (iii) the use of incidental, minor, or reasonable physical contact or other actions designed to maintain order and control.

"Pharmacological restraint" means a drug or medication used on a student to control behavior or restrict freedom of movement that is not (i) prescribed by a licensed physician or other qualified health professional under the scope of the professional's authority for the standard treatment of a student's medical or psychiatric condition and (ii) administered as prescribed by a licensed physician or other qualified health professional acting under the scope of the professional's authority.

"Time-out" means a behavioral intervention in which the student is temporarily removed from the learning activity but in which the student is not confined.

"Seclusion" means the involuntary confinement of a student alone in a room or area from which the student is physically prevented from leaving. Provided that no such room or space is locked, the term "seclusion" does not include (i) time-out, as defined in this chapter; (ii) in-school suspension; (iii) detention; (iv) student-requested breaks in a different location in the room or in a separate room; (v) removal of a student for a short period of time from the room or a separate area of the room to provide the student with an opportunity to regain self-control, so long as the student is in a setting from which the student is not physically prevented from leaving; (vi) removal of a student for disruptive behavior from a classroom by the teacher as provided in § 22.1-276.2 of the Code of Virginia; or (vii) confinement of a student alone in a room or area from which the student is physically prevented from leaving during the investigation and questioning of the student by school personnel regarding the student's knowledge of or participation in events constituting a violation of the code of student conduct, such as a physical altercation, or an incident involving drugs or weapons.

"Corporal punishment" means the infliction of, or causing the infliction of, physical pain on a student as a means of discipline.

8VAC20-750-50. Seclusion; standards for use. A. School divisions electing to use seclusion as permitted by this chapter shall meet the following structural and physical standards for rooms designated by the school to be used for seclusion: 1. Any seclusion room or area shall be free of any objects or physical features that may cause injury to the student. 2. Any seclusion room or area shall be of sufficient dimensions and shall have sufficient lighting, heating, cooling, and ventilation to comport with the dignity and safety of the student. 3. Windows in the seclusion room shall be constructed to minimize breakage and otherwise prevent the occupant from harming himself. 4. All space in the seclusion room shall be visible through the door, either directly or by mirrors. B. School divisions electing to use seclusion as authorized by this chapter shall provide for the continuous visual monitoring of any seclusion, either by the presence of school personnel in the seclusion room or area or observation by school personnel through a window, viewing panel, or half-door. C. School divisions electing to use seclusion as authorized by this chapter shall include within their local policies and procedures provisions that address the appropriate use and duration of seclusion based upon the age and development of the student.

Nothing in this chapter shall be construed to require a school division to employ physical restraint or seclusion in its schools. School divisions electing to use physical restraint and seclusion shall comply with the requirements of this chapter. B. School personnel may implement physical restraint or seclusion only when other interventions are or would be, in the reasonable judgment of the particular school personnel implementing physical restraint or seclusion in an emergency situation, ineffective and only to: 1. Prevent a student from inflicting serious physical harm or injury to self or others; 2. Quell a disturbance or remove a student from the scene of a disturbance in which such student’s behavior or damage to property threatens serious physical harm or injury to persons; 3. Defend self or others from serious physical harm or injury; 4. Obtain possession of controlled substances or paraphernalia that are upon the person of the student or within the student’s control; or 5. Obtain possession of weapons or other dangerous objects that are upon the person of the student or within the student’s control. C. Physical restraint and seclusion shall be discontinued as soon as the imminent risk of serious physical harm or injury to self or others presented by the emergency situation has dissipated. D. Nothing in this section shall be construed to require school personnel to attempt to implement a less restrictive intervention prior to using physical restraint or seclusion when, in the reasonable judgment of the school personnel in an emergency situation, a less restrictive intervention would be ineffective. E. Unless a student’s damage to property creates an imminent risk of serious physical harm or injury to the student or others, the damage of property does not itself indicate an imminent risk of serious physical harm or injury and shall not be the justification for the restraint or seclusion of a student. F. Any incident involving physical restraint or seclusion in any of the circumstances described in this section shall be subject to the requirements of 8VAC20-750-50 through 8VAC20-750-100.

8VAC20-750-30 Prohibited under this law.

Pharmacological Restraint is prohibited under 8VAC20-750-30.

Nothing in this chapter shall be construed to require a school division to employ physical restraint or seclusion in its schools. School divisions electing to use physical restraint and seclusion shall comply with the requirements of this chapter. B. School personnel may implement physical restraint or seclusion only when other interventions are or would be, in the reasonable judgment of the particular school personnel implementing physical restraint or seclusion in an emergency situation, ineffective and only to: 1. Prevent a student from inflicting serious physical harm or injury to self or others; 2. Quell a disturbance or remove a student from the scene of a disturbance in which such student’s behavior or damage to property threatens serious physical harm or injury to persons; 3. Defend self or others from serious physical harm or injury; 4. Obtain possession of controlled substances or paraphernalia that are upon the person of the student or within the student’s control; or 5. Obtain possession of weapons or other dangerous objects that are upon the person of the student or within the student’s control. C. Physical restraint and seclusion shall be discontinued as soon as the imminent risk of serious physical harm or injury to self or others presented by the emergency situation has dissipated. D. Nothing in this section shall be construed to require school personnel to attempt to implement a less restrictive intervention prior to using physical restraint or seclusion when, in the reasonable judgment of the school personnel in an emergency situation, a less restrictive intervention would be ineffective. E. Unless a student’s damage to property creates an imminent risk of serious physical harm or injury to the student or others, the damage of property does not itself indicate an imminent risk of serious physical harm or injury and shall not be the justification for the restraint or seclusion of a student. F. Any incident involving physical restraint or seclusion in any of the circumstances described in this section shall be subject to the requirements of 8VAC20-750-50 through 8VAC20-750-100.

Prohibited under 8VAC20-750-30.

"Time-out" means a behavioral intervention in which the student is temporarily removed from the learning activity but in which the student is not confined. No criteria defined.

Yes

When any student has been physically restrained or secluded: 1. The school personnel involved shall report the incident and the use of any related first aid to the school principal or the principal’s designee as soon as possible by the end of the school day in which the incident occurred; and 2. The school principal or the principal’s designee, or other school personnel shall make a reasonable effort to ensure that direct contact is made with the student’s parent, either in person or through telephone conversation, or other means of communication authorized by the parent, such as email, to notify the parent of the incident and any related first aid on the day the incident occurred.

The written incident report shall contain information sufficient to inform the parent about the incident. Such information would typically include the following: 1. Student name, age, gender, grade, and ethnicity; 2. Location of the incident; 3. Date, time, and total duration of incident, including documentation of the beginning and ending time of each application of physical restraint or seclusion; 4. Date of report; 5. Name of person completing the report; 6. School personnel involved in the incident, their roles in the use of physical restraint or seclusion, and documentation of their completion of the division’s training program; 7. Description of the incident, including the resolution and process of return of the student to the student’s educational setting, if appropriate; 8. Detailed description of the physical restraint or seclusion method used; 9. Student behavior that justified the use of physical restraint or seclusion; 10. Description of prior events and circumstances prompting the student’s behavior, to the extent known; 11. Less restrictive interventions attempted prior to the use of physical restraint or seclusion, and an explanation if no such interventions were employed; 12. Whether the student has an IEP, a Section 504 plan, a BIP, or other plan; 13. If a student, school personnel, or any other individual sustained bodily injury, the date and time of nurse or emergency response personnel notification and the treatment administered, if any; 14. Date, time, and method of parental notification of the incident, as required by this section; and 15. Date, time, and method of school personnel debriefing.

As soon as practicable but no later than 2 school days.

The principal or the principal's designee shall submit to the division superintendent a report on the use of physical restraint and seclusion in the school based on the individual incident reports completed and submitted to the principal or the principal's designee by school personnel pursuant to 8VAC20-750-60 C. The division superintendent shall annually report the frequency of such incidents to the Superintendent of Public Instruction and shall make such information available to the public.

Annually but not specified

https://www.doe.virginia.gov/data-policy-funding/data-reports/data-collection/special-education

hese regulations, that is, Regulations Governing the Use of Seclusion and Restraint in Public Elementary and Secondary Schools in Virginia, 8VAC20-750.

School divisions that employ physical restraint or seclusion shall: 1. Ensure that all school personnel receive training that focuses on skills related to positive behavior support, conflict prevention, de-escalation, and crisis response, including follow-up support and social-emotional strategy support for students, staff, and families; 2. Ensure that all school personnel receive initial training regarding the regulations, policies, and procedures governing the use of physical restraint and seclusion; 3. Provide advanced training in the use of physical restraint and seclusion for at least one administrator in every school building and for school personnel assigned to work with any student whose IEP or Section 504 team determines the student is likely to be physically restrained or secluded; and 4. Ensure that any initial or advanced training is evidence-based.