Citations Affected: IC 20-34-8.
Synopsis: Use of restraints and seclusion in schools. Requires each
school corporation, including a charter school, to develop a policy on
restraint and seclusion that includes certain provisions. Requires
restraint and seclusion policies to be published in a student handbook,
made available to the public, and distributed at each initial case
conference committee within the school corporation.
Effective: July 1, 2013.
January 8, 2013, read first time and referred to Committee on Education and Career
A BILL FOR AN ACT to amend the Indiana Code concerning
danger of physical injury to the student, a school employee, or
Sec. 2. As used in this chapter, "behavioral intervention plan" means a plan that is agreed upon by the case conference committee (as defined in IC 20-35-7-2) and incorporated into a student's individualized education program (as defined in IC 20-18-2-9) and that describes the following:
(1) The pattern of behavior that impedes the student's learning or the learning of others.
(2) The purpose or function of the behavior as identified in a functional behavioral assessment.
(3) The positive interventions and supports, and other strategies, to:
(A) address the behavior; and
(B) maximize consistency of implementation across people and settings in which the student is involved.
(4) If applicable, the skills that will be taught and monitored in an effort to change a specific pattern of behavior of the student.
The behavioral intervention plan seeks to maximize consistency of implementation across people and settings in which the student is involved.
Sec. 3. As used in this chapter, "chemical restraint" means the administration of a drug or medication to manage a student's behavior or restrict a student's freedom of movement that is not a standard treatment and dosage for the student's medical or psychiatric condition.
Sec. 4. As used in this chapter, "isolated time-out" means the confinement of a student in a time-out room or some other enclosure, whether within or outside the classroom, from which the student's egress is restricted.
Sec. 5. (a) As used in this chapter, "mechanical restraint" means the use of:
(1) a mechanical device;
(2) a material; or
attached or adjacent to a student's body that the student cannot easily remove and that restricts the freedom of movement of all or part of the student's body or restricts normal access to the student's body.
(b) The term does not include:
(1) mechanical devices;
Sec. 11. Each school corporation, including a charter school, shall develop a policy regarding seclusion and restraint. The policy must include at a minimum all of the following:
(1) A statement on how students will be treated with dignity and respect and how appropriate student behavior will be promoted and taught.
(2) A statement ensuring that the school will use prevention, positive behavior intervention and support, and conflict de-escalation to preclude the need for use of any of the following:
(B) Chemical restraint.
(C) Mechanical restraint.
(D) Physical restraint.
(3) A statement ensuring that any behavioral intervention used will be consistent with the student's most current behavioral intervention plan, or individualized education program, if applicable.
(4) Definitions for restraint and seclusion, as defined in this chapter.
(5) A requirement that the use of isolated time-out is subject to the following:
(A) Any enclosure used for isolated time-out must:
(i) have the same ceiling height as the surrounding room or rooms and be large enough to accommodate not only the student being isolated but also any other individual who is required to accompany that student;
(ii) be constructed of materials or objects that cannot be used by students to harm themselves or others, and be designed so that students cannot climb up the walls;
(iii) be designed to allow continuous visual monitoring of and communication with the student;
(iv) not use any device that requires the use of a key or special knowledge to effect any required exit from the room; and
(v) comply with all applicable health and safety requirements.
(B) An adult must supervise the confined student and must be able to see the student at all times.
(C) A student must not be kept in isolated time-out for more than thirty (30) minutes after the student stops
exhibiting the specific behavior for which isolated time-out
was imposed or any other behavior for which it would be
an appropriate intervention.
If a student is placed in isolated time-out pursuant to a behavioral intervention plan or individualized education program, any time limitations identified in the behavioral intervention plan or individualized education program will control.
(6) A statement ensuring that if a procedure listed in subdivision (2) is used, the procedure will be used:
(A) as a last resort safety procedure, employed only after another, less restrictive procedure has been implemented without success; and
(B) in a situation in which there is an imminent risk of injury to the student, other students, school employees, or visitors to the school.
(7) A documentation and recording requirement governing instances in which procedures listed in subdivision (2) are used, including:
(A) how every incident will be documented and debriefed;
(B) how responsibilities will be assigned to designated employees for evaluation and oversight; and
(C) designation of a school employee to be the keeper of such documents.
(8) A requirement that the student's parent must be notified as soon as possible when an incident involving the student occurs that includes use of procedures listed in subdivision (2).
(9) A requirement that a copy of an incident report must be sent to the student's parent after the student is subject to a procedure listed in subdivision (2).
(10) Required training for appropriate school employees on the appropriate use of effective alternatives to physical restraint and seclusion, including the use of positive behavioral intervention and support and conflict de-escalation. The training must include the safe use of physical restraint and seclusion in incidents involving imminent danger or serious harm to the student, school employees, or others.
Sec. 12. A restraint and seclusion policy developed under section 11 of this chapter must be published in the student handbook, made available to the public, and distributed at each initial case conference committee within the school corporation.