Policies » Section J: Students » JKAA-R: JKAA-R: Procedures On Use Of Child Restraint And Seculsion

Policy Date: 03/07/2024

CANDIA SCHOOL DISTRICT
PROCEDURES ON USE OF CHILD RESTRAINT AND SECLUSION
CSD File: JKAA-­‐R

The Candia School District hereby establishes the following procedures to describe how and in what
circumstances restraint or seclusion is used in this District. The procedures are adopted for the
purpose of meeting the District’s obligations under state law governing the use of restraints and
seclusion. The procedures shall be interpreted in a manner consistent with state law and regulations.

I. Definitions.

Restraint. Any 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
restraints, physical restraints, and medication restraint used to control behavior in an emergency or
any involuntary medication.

Restraint shall not include the following:

(1) A brief touching or holding to calm, comfort, encourage, or guide a student, so long as there is
no limitation on the student’s freedom of movement.

(2) The temporary holding of the hand, wrist, arm, shoulder, or back for the purpose of inducing a
student to stand, if necessary, and then walk to a safe location, so long as the student is in an
upright position and moving toward a safe location.

(3) Physical devices, such as orthopedically prescribed appliances, surgical dressings and bandages
and supportive body bands, or other physical holding when necessary for routine medical
treatment purposes, or when used to provide support for the achievement of functional body
position or proper balance or to protect a person from falling out of bed, or to permit a student to
participate in activities without the risk of physical harm.

(4) The use of seat belts, safety belts, or similar passenger restraints during transportation of a
student in a motor vehicle.

(5) The use of force by a person to defend himself or herself or a third person from what the actor
reasonably believes to be the imminent use of unlawful force by a student, when the actor uses a
degree of such force which he or she reasonably believes to be necessary for such purpose and
the actor does not immobilize a student or restrict the freedom of movement of the torso, head,
arms, or legs of any student.

The five interventions listed immediately above are not considered “restraint” under these procedures,
are not barred or restricted by these procedures, and are not subject to the training or notification
requirements that otherwise apply to permissible restraints addressed herein.

Medication Restraint. When a student is given medication involuntarily for the purpose of immediate
control of the student’s behavior.

Mechanical Restraint. When a physical device or devices are used to restrict the movement of a
student or the movement or normal function of a portion of his or her body.

Physical restraint. When a manual method is used to restrict a student’s freedom of movement or
normal access to his or her body.

Prone restraint. When a student is intentionally placed face-down on the floor or another surface, and
the student’s physical movement is limited to keep the student in a prone position. Prone restraints are
prohibited physical restraints; the temporary controlling of an individual in a prone position while
transitioning to an alternative, safer form of restraint is not considered to be a prohibited form or
physical restraint.

Dangerous Restraint Techniques.

a. Prone restraint, or any other physical restraint or containment technique that:

(1) Obstructs a student’s respiratory airway or impairs the student’s breathing or
respiratory capacity or restricts the movement required for normal breathing;

(2) Places pressure or weight on, or causes the compression of, the chest, lungs, sternum,
diaphragm, back or abdomen of a student;

(3) Obstructs the circulation of blood;

(4) Involves pushing on or into the student’s mouth, nose, eyes, or any part of the face or
involves covering the face, or body with anything, including soft objects such as
pillows, blankets, or wash clothes, or

(5) Endangers a student’s life or significantly exacerbates a student’s medical condition.

b. Intentional infliction of pain, including the use of pain inducement to obtain compliance.

c. The intentional release of noxious, toxic, caustic, or otherwise unpleasant substances near the
student for the purpose of controlling or modifying the behavior of or punishing the student.

d. Any technique that subjects the student to ridicule, humiliation, or emotional trauma.

Seclusion. The involuntary confinement of a student alone in any room or area from which the
student is unable to exit, either due to physical manipulation by a person, lock, or other mechanical
device or barrier, or from which the student reasonably believes they are not free to leave; or the
involuntary confinement of a student to a room or area, separate from their peers, with one or more
adults who are using their physical presence to prevent egress.

Seclusion does not include:

(1) The voluntary separation of a student from a stressful environment for the purpose of allowing the
student to regain self-control, when such separation is to an area which a student is able to leave;

(2) The involuntary confinement of a student to a room or an area with an adult who is actively
engaging in a therapeutic intervention; or

(3) Circumstances in which there is no physical barrier and the student is physically able to leave.

II. Use of Restraint

1. Restraint as defined in these procedures shall be used only to ensure the immediate physical safety
of persons when there is a substantial and imminent risk of serious bodily harm to others.

2. Restraint as defined in these procedures shall only be used by trained personnel and with extreme
caution. It should be used only after all other interventions have failed or appear unlikely to
succeed based on the student’s past history.

3. Use of restraint as defined in these procedures shall be limited to physical restraint. School officials
shall not use or threaten to use any dangerous restraint techniques, any inappropriate aversive
behavioral interventions, any medication restraints, or any mechanical restraints except as
permitted for transporting students.

4. Physical restraint shall be administered in such a way so as to prevent or minimize physical harm.

III. Use of Seclusion

1. Seclusion may only be used when a student’s behavior poses a substantial and imminent risk of
physical harm to the student or to others, and may only continue until that danger has dissipated.

2. 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 student.

3. Each use of seclusion shall be directly and continuously visually and auditorially monitored by a
person trained in the safe use of seclusion.

4. When seclusion is used, school staff shall designate a co-regulator to monitor the student and
develop a plan to help the student manage their state of regulation and their return to a less
restrictive setting. The co-regulator shall check the student at regular intervals not to exceed 30
minutes between any one interval. The co-regulator shall be selected and designated in the
following order of preference:

a) A trusted adult selected by the student.

b) A clinician or counselor trained in trauma informed practices.

c) A staff member known to have a positive relationship with the student

d) A staff member who was not involved in the incident leading to seclusion.

IV. Prohibited Use of Restraint or Seclusion

1. School officials shall not use or threaten to use restraint or seclusion as punishment or discipline
for the behavior of student.

2. School officials shall not use or threaten to use medication restraint.

3. School officials shall not use or threaten to use mechanical restraint, except its use is permitted in
the transportation of students, as outlined under these procedures.

4. School officials shall not use or threaten to use dangerous restraint techniques, as defined in these
procedures.

5. 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 student.

6. Seclusion shall not be used in a manner that that unnecessarily subjects the studentto the risk of
ridicule, humiliation, or emotional or physical harm.

V. Authorization and Monitoring of Extended Restraint & Length of Restraint

When restraint may permissibly be used on a student, school officials must comply with the following
procedures:

1. Restraint shall not be imposed for longer than is necessary to protect the student or others from
the substantial and imminent risk of serious bodily harm;

2. Students in restraint shall be continuously and directly observed by personnel trained in the
safe use of restraint;

3. During the administration of restraint, the physical status of the student, including skin
temperature, color, and respiration, shall be continuously monitored. The child shall be released
from restraint immediately if they demonstrate signs of one or more of the following: difficulty
breathing; choking; vomiting; bleeding; fainting; unconsciousness; discoloration; swelling at points
of restrain; cold extremities, or similar manifestations.

4. No period of restraint shall exceed 15 minutes. If restraint is to exceed this time, approval of the
Principal or supervisory employee designated by the Principal to provide such approval is required.

5. No period of restraint shall exceed 30 minutes unless a face-to-face assessment of the mental,
emotional and physical well-being of the student is conducted by the Principal or supervisory
employee designated by the Principal who is trained to conduct such assessments. The assessment
must include a determination of whether the restraint is being conducted safely and for a proper
purpose. These assessments must be repeated at least every 30 minutes during the period of
restraint and documented in writing pursuant to the notification requirements set forth below.

VI. Restriction of Use of Mechanical Restraints during Transport of Students.

1. Mechanical restraints during the transportation of students are prohibited unless the student’s
circumstances dictate the use of such methods. In any event when a student is transported using
mechanical restraints, the Principal shall document in writing the reasons for the use of mechanical
restraint. This documentation shall be treated as notification of restraint as discussed in paragraph
VIII, below.

2. Whenever a student is transported to a location outside a school, the Principal shall ensure that all
reasonable measures consistent with public safety are taken to transport and/or escort the
student. Such measures should:

a. Prevent physical and psychological trauma,
b. Respect the student’s privacy, and
c. Represent the least restrictive means necessary for the safety of the student.

VII. Room Conditions for a Seclusion Area

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 students 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 students 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 student;

(2) Fire;

(3) The need to remove a student to a safe location during a building lockdown; or

(4) Other critical situations that may require immediate removal of a student 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.

VIII. Notice and Record Keeping Requirements

1. Unless prohibited by a court order, a school official shall verbally notify the parent or guardian and
guardian ad litem of a restraint or seclusion no later than the time of the return of the student to
the parent or guardian on that same day, or the end of the business day, whichever is earlier.
Notice shall be made in a manner calculated to provide actual notice of the incident at the earliest
practicable time.

2. A school employee who uses restraint or seclusion shall submit a written report to the building
principal or the principal’s designee within 5 business days after that intervention. If the school
employee is not available to submit such a report, the employee’s supervisor shall submit such a
report within the same time frame. If the principal uses restraint or seclusion, he/or she shall
submit a written report to the Superintendent, or his/her designee, within 5 business days. Any
report addressed in this section shall contain the following information:

a. The date, time and duration of the restraint or seclusion;
b. A description of the actions of the student before, during, and after the occurrence; a
description of any other relevant events preceding the use of restraint or seclusion,
including the justification for initiating the restraint or seclusion.
c. The names of the persons involved in the occurrence;
d. A description of the actions of the school employees involved before, during, and after the
occurrence;
e. A description of any interventions used prior to the restraint or seclusion;
f. A description of the seclusion or restraint used, including any hold used and the reason the
hold was necessary;
g. A description of any injuries sustained by, and any medical care administered to, the
student, employees, or others before, during, or after the use of restraint or seclusion;
h. A description of any property damage associated with the occurrence;
i. A description of actions taken to address the emotional needs of the student during and
following the incident;
j. A description of future actions to be taken to control the student’s problem behaviors;
k. The name and position of the employee completing the notification; and
l. The anticipated date of the final report.

3. Unless prohibited by court order, the Principal or other designee shall, within 2 business days of
receipt of the written report described above, send or transmit by first class mail or electronic
transmission to the student’s parent or guardian and guardian ad litem the information contained
in that written report. Within the same time frame, the Principal shall also forward any such report
to the Superintendent for retention in that office.

4. Each written report referenced in this section shall be retained by the school and shall be made
available for periodic, regular review consistent with any rules that may be adopted by the state
board of education for that purpose.

IX. Employee Duty to Report

1. Any employee who has reason to believe that another employee has engaged in conduct that
violates RSA 126-U (NH Restraint and Seclusion Law) and also believes or suspects that such
violation constitutes misconduct, shall report the conduct to the Superintendent or designee
within 24 hours.

2. Any employee who has reason to believe that another employee has engaged in conduct that
violates RSA 126-U (NH Restraint and Seclusion Law) and also believes or suspects that such
violation constitutes abuse or neglect, shall report the conduct to the Superintendent or designee,
as well as the Department of Human Services and the Department of Education’s Bureau of
Credentialing.

X. Serious Injury or Death during Incidents of Restraint or Seclusion.

1. In cases involving serious injury or death to a student subject to restraint or seclusion, the
school district shall, in addition to the notification requirements above, notify the commissioner
of the department of education, the attorney general, and the state’s federally designated
protection and advocacy agency for individuals with disabilities. Such notice shall include a
copy of the written report referenced in Section VIII above.

2. “Serious injury” means any harm to the body which requires hospitalization or results in the
fracture of any bone, non-superficial lacerations, injury to any internal organ, second or third-
degree burns, or any severe, permanent, or protracted loss of or impairment to the health or
function of any part of the body.

XI. Team Meeting Requirements

1. After the first incident of restraint or seclusion in a school year for students identified under
special education or Section 504, the District shall hold an IEP or 504 meeting to review the
student’s IEP or 504 plan and make such adjustments as are indicated to eliminate or reduce the
future use of restraint or seclusion.

2. Parents may request a 504 or IEP team meeting after any restraint or seclusion incident and that
request must be granted “if there have been multiple instances of restraint or seclusion since the
last review.”

XII. Notice and Records of Intentional Physical Contact

1. If a school employee has intentional physical contact with a student which is in response to a
student’s aggression, misconduct, or disruptive behavior, a school representative shall make
reasonable efforts to promptly notify the student’s parent or guardian.

2. Such notification shall be no later than the time of the student’s return to the parent or guardian on
that same day, or the end of the business day, whichever is earlier. Notification shall be made in a
manner to give the parent or guardian actual notice of the incident at the earliest practicable time.

3. Within 5 business days of the incident of “intentional physical contact with a student which is in
response to a student’s aggression, misconduct, or disruptive behavior,” the school shall prepare a
written description of the incident. This description shall include:

a) Date and time of the incident;
b) Brief description of the actions of the student before, during and after the occurrence;
c) Names of the persons involved in the occurrence;
d) Brief description of the actions of the school employees involved before, during and after the
occurrence; and
e) A description of any injuries sustained by, and any medical care administered to, the student,
employees, or others before, during or after the incident.

4. If an incident of intentional physical contact amounts to a physical restraint as set forth earlier in
these procedures, the school shall meet the notification and record requirements that apply to
physical restraint, rather than the requirements that apply to incidents of “intentional physical
contact.”

5. The notification and record-keeping duties for an incident of intentional physical contact do not
apply in the following circumstances:

a) When a student is escorted from an area by way of holding of the hand, wrist, arm, shoulder,
or back to induce the student to walk to a safe location — unless the student is actively
combative, assaultive, or self injurious while being escorted, and then these requirements do
apply.

b) When actions are taken such as separating students from each other, or inducing a student to
stand, or otherwise physically preparing a student to be escorted.

c) When the contact with the student is incidental or minor, such as for the purpose of gaining a
misbehaving student’s attention – except that blocking of a blow, forcible release from a grasp,
or other significant and intentional physical contact with a disruptive or assaultive student shall
be subject to the requirement.

XIII. Department of Education Review

1. A parent may file a complaint with the New Hampshire Department of Education regarding the
improper use of restraint or seclusion. Resolution of any such complaint should occur within 30 days,
with extensions only for good cause.

2. Investigation of any such complaint shall include appropriate remedial measures to address
physical and other injuries, protect against retaliation, and reduce the incidence of violations of
state standards on restraint and seclusion.

XIV. Civil or Criminal Liability

Nothing in the District’s Policy or Procedures on the Use of Student Restraint should be understood in
any way to undercut the protections from civil and criminal liability provided to school officials for the
use of force against a minor, consistent with state law found at RSA 627:1, 4, and 6.

Legal Reference:
RSA 126-U:1 to 1; RSA 627:1, 4, 6 Ed 1200-1203, Ed 510

Adopted: May 7, 2015
Revised: March 7, 2024