JKA-R – Use of Physical Intervention and Restraint – Cherry Creek Schools Board of Education

A. Definitions In accordance with the State Board of Education rules governing the Administration of the Protection of Persons from Restraint Act, the following definitions apply for purposes of this regulation and accompanying policy (JKA).

"Restraint" means any method or device used to involuntarily limit freedom of movement, including but not limited to bodily physical force, mechanical devices, administration of chemicals and seclusion (see specific definitions below).
"Physical Restraint" means the use of bodily, physical force to involuntarily limit an individual's freedom of movement. Physical Restraint does not include:
1. holding of a student for less than one (1) minute by school personnel for the protection of the student or others;
2. brief holding of a student by one (1) adult for the purpose of calming or comforting the student;
3. minimal physical contact for the purpose of safely escorting a student from one (1) area to another;
4. minimal physical contact for the purpose of assisting the student in completing a task or response.
"Mechanical Restraint" means a physical device used to involuntarily restrict the movement of a student or the movement or normal function of the student's body. Mechanical Restraint does not include:
1. devices recommended by a physician, occupational therapist or physical therapist and agreed to by a student's Individualized Education Program ("IEP") team or Section 504 team and used in accordance with the student's IEP or Section 504 plan;
2. protective devices such as helmets, mitts, and similar devices used to prevent self-injury and in accordance with a student's IEP or Section 504 plan;
3. adaptive devices to facilitate instruction or therapy and used as recommended by an occupational therapist or physical therapist, and consistent with a student's IEP or Section 504 plan; or
4. positioning of securing devices used to allow treatment of a student's medical needs.
"Chemical Restraint" means administering medication to a student (including medications prescribed by the student's physician) on an as needed basis for the sole purpose of involuntarily limiting the student's freedom of movement. Chemical Restraint does not include:
1. a. prescription and/or over the counter medication that is regularly administered to the student for medical reasons other than to restrain the student's freedom of movement (e.g. Asthma-cort, medications to treat mood disorders or ADHA, Glucagon); or
2. b. the administration of medication for voluntary or life-saving medical procedures (e.g. EpiPens, Diastat, Narcan).
"Prone Restraint" means a restraint in which the student being restrained is secured in a face-down position.
"Seclusion" means the placement of a student alone in a room from which egress is involuntarily prevented. Seclusion does not mean:
1. placement of a student in residential services in the student's room for the night;
2. time-out (as defined below).
"Time-out" is the removal of a student from potentially rewarding people or situations. A Time-out is not used primarily to confine the student, but to limit accessibility to reinforcement. It is a behavior management technique that involves the monitored separation of the student from classmates for part of the school day, usually for a brief time. In Time-out, the student is not physically prevented from leaving the designated Time-out area and is effectively monitored by staff.
"Emergency" means serious probable, imminent threat of bodily injury (as defined below) to self or others with the present ability to effect such bodily injury. Emergency includes situations in which the student creates such a threat by abusing or destroying property. If destruction of property is involved, Restraint may only be used when the destruction of property could possibly result in physical injury to the student or others.
"Bodily Injury" means physical pain, illness or any impairment of physical or mental condition as defined in C.R.S. § 18-1-901(3)(c).
"State Board Rules" refer to the Colorado State Board of Education Rules governing the Administration of the Protection of Persons from Restraint Act, 1 CCR 301-45, § 2620-R-1.00 et seq.
"Parent(s)/Guardian(s)" refers to the student's parents or legal guardians as defined by the State Board Rules at 1 CCR 301-45, §§ 2620-R-2.00(3).

B. Basis for Use of Restraint Per state law and District policy, staff may not use Mechanical, Chemical, or Prone Restraint with students. Only authorized Physical Restraint techniques and Seclusion may be used in an Emergency situation as those terms are defined above. Further:

authorized and trained Physical Restraint techniques and Seclusion shall be used with extreme caution; andonly after:
1. the failure of less restrictive alternatives (such as positive behavior supports, constructive and non-physical de-escalation, and re-structuring the environment); or
2. a determination that such alternatives would be inappropriate or ineffective under the circumstances.
Physical Restraints and Seclusion shall never be used as a punitive form of discipline or as a threat to gain control or gain compliance of a student's behavior.
District personnel shall:
1. use Physical Restraints and Seclusion only for the period of time necessary and using no more force than necessary; and
2. prioritize the prevention of harm to the student.

C. Duties Related to the Use of Restraint--General Requirements When Physical Restraint or Seclusion is used, the District shall ensure that:

no Restraint is administered in such a way that the student is inhibited or impeded from breathing or communicating;
no Restraint is administered in such a way that places excess pressure on the student's chest, back or causes positional asphyxia;
Restraints are only administered by District staff who have received training in accordance with the State Board Rules and this regulation;
opportunities to have the Restraint removed are provided to the student who indicates a willingness to cease the violent or dangerous behavior;
when it is determined by trained District staff that the Restraint is no longer necessary to protect the student or others (i.e. the Emergency no longer exists), the Restraint shall be removed; and
the student is reasonably monitored to ensure the student's physical safety.

Generally, a student's ability to communicate (including those students who use only sign language) should not be restricted. However, restricting a student's ability to communicate may be permitted when (1) there is an imminent danger of serious physical harm to the student or others and (2) less restrictive techniques would not prevent the harm from occurring. Additionally, in the case of Seclusion, when it is determined by trained staff that Seclusion is no longer necessary to protect the students or others (i.e., when the Emergency no longer exists), staff shall reintegrate the student or clearly communicate to the student that the student is free to leave the area used to seclude the student. D. Proper Administration of Specific Restraints

Chemical Restraints shall not be used.
Mechanical and Prone Restraints shall not be used, except in the limited circumstances permitted by state law and described as exceptions in the accompanying policy.
Physical Restraint:
1. A person administering the Physical Restraint shall only use the amount of force necessary to stop the dangerous or violent actions of the student.
2. A restrained student shall be continuously monitored to ensure that the breathing of the student in such Physical Restraint is not compromised.
3. A student shall be released from Physical Restraint within fifteen (15) minutes after the initiation of the Restraint, except when precluded by safety reasons.
Seclusion:
1. While in Seclusion, the student must be continually monitored.
2. Relief periods from Seclusion shall be provided for reasonable access to toilet facilities.
3. Any space used for Seclusion shall have adequate lighting, ventilation, and size.
4. Any space used for Seclusion, shall be free of injurious items and shall not be used for storage, custodial, or office purposes.
5. Any space used for Seclusion must have at least one (1) window for monitoring the student when the door is closed. If there is not a window through which to monitor the student in Seclusion, monitoring of the student shall be done by use of a video camera.

E. Notification Requirements

If there is a reasonable probability that Restraint might be used with a particular student, appropriate school staff shall notify, in writing, the student's Parent/Guardian, and, if appropriate, the student of:
1. the Restraint procedures (including types of Restraints) that might be used;
2. specific circumstances in which Restraint might be used; and
3. staff involved.
For students with disabilities, if the Parents/Guardians request a meeting with District personnel to discuss the notification, District personnel shall ensure that the meeting is convened.
The required notification may occur at the meeting where the student's behavior plan or IEP is developed/reviewed.

F. Documentation Requirements

For any incidents in which Physical Restraint is used for more than one (1) minute, but less than five (5) minutes, the school principal or designee shall provide written notice to the Parent/Guardian on the day the Restraint is used. The written notice will must include the following:
1. the date;
2. the name of the student; and
3. the number of Restraints (that lasted more than one (1) minute but less than five (5) minutes) used on the day notification is being provided.
For any incidents in which Physical Restraint is used for five (5) or more minutes or Seclusion is used for any length of time, the following documentation requirements must be followed:
1. If Restraints are used, a written report shall be submitted within one (1) school day to school administration.
2. The school principal or designee shall verbally notify the Parents/Guardians as soon as possible but no later than the end of the school day that the Restraint was used.
3. A written report based on the findings of the staff review required by paragraph G below shall be emailed, hand-delivered, or mailed to the student's Parents/Guardians within five (5) calendar days of the use of Restraint. The written report of the use of Restraint shall include:
  1. the antecedent to the student's behavior if known;
  2. a description of the incident;
  3. efforts made to de-escalate the situation;
  4. alternatives that were attempted;
  5. the type and duration of the Restraint used;
  6. injuries that occurred, if any; and
  7. the staff present and staff involved in administering the Restraint.
4. A copy of the written report on the use of Restraint shall be placed in the student's confidential file.

G. Review of Specific Incidents of Restraint

The District shall ensure that a review process is established and conducted for each incident of Restraint used. The purpose of this review shall be to ascertain that appropriate procedures were followed and to minimize future use of Restraint.
The review shall include, but is not limited to:
1. staff review of the incident;
2. follow up communication with the student and the student's Parent/Guardian;
3. review of the documentation to ensure use of alternative strategies; and
4. recommendations for adjustment of procedures, if appropriate.
If requested by the District or the student's Parents/Guardians, the District shall convene a meeting to review the incident. For students with IEPs or Section 504 plans, such review may occur through the IEP or Section 504 process.

H. General Review Process

The District shall ensure that a general review process is established, conducted and documented in writing at least annually. The purpose of the general review is to ascertain that the District is properly administering Restraint, identifying additional training needs, minimizing and preventing the use of Restraint by increasing the use of positive behavior interventions, and reducing the incidence of injury to students and staff.
The review shall include, but is not limited to:
1. analysis of incident reports, including all reports prepared pursuant to paragraphs F(1) and F(3) above and including, but not limited to, procedures used during the Restraint, preventative or alternative techniques tried, documentation, and follow up;
2. training needs of staff;
3. staff to student ratio; and
4. environmental conditions, including physical space, student seating arrangements and noise levels.

I. Staff Training

The District shall ensure that staff utilizing Restraint are trained in accordance with the State Board Rules.
Training shall include:
1. a continuum of prevention techniques;
2. environmental management;
3. a continuum of de-escalation techniques;
4. nationally recognized physical management and Restraint practices, including, but not limited to, techniques that allow Restraint in an upright or sitting position and information about the dangers created by Prone Restraint;
5. methods to explain the use of Restraint to the student who is to be restrained and to the student's Parents/Guardians; and appropriate documentation and notification procedures as described in paragraph F above.

3. Retraining shall occur at a frequency of at least every two years. Originally approved on February 13, 2012 by Superintendent Mary F. Chesley. Last Revised: April 12, 2021 Current Revision: April 10, 2023 Adoption Date: February 13, 2012 Last Revised: April 10, 2023