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USE OF PHYSICAL RESTRAINT AND SECLUSION IN PUBLIC SCHOOLS Fayette County Public Schools 1 704 KAR 7:160

USE OF PHYSICAL RESTRAINT AND SECLUSION IN PUBLIC SCHOOLS Fayette County Public Schools 1 704 KAR 7:160

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Fayette County Public Schools

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USE OF PHYSICAL RESTRAINT AND SECLUSION IN PUBLIC SCHOOLS

704 KAR 7:160

Fayette County Public Schools

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Agenda

Background Description of HandoutsBenefits of Positive Behavior Supports and

InterventionsSchoolwide Positive Behavior SystemsBehavior Management StrategiesEffective Strategies for Responding to

Problem Behavior

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Background

Enacted February 1, 2013Designed to enhance safety for students and

staff by: Limiting the use of physical restraint and seclusion Training teachers on more effective ways to improve

student behavior Training teachers on how to safely conduct restraints

when absolutely necessary.

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Handouts

RegulationFCPS Policy and ProceduresList of each schools “core team”

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Benefits of PBS and Interventions

PBIS is not a curriculum — it is a framework to help schools identify needs, develop strategies, and evaluate practices.

Implementing positive, instructional discipline strategies and systems is the most effective way to prevent decrease or eliminate problem student behavior.

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Four Key Principles

Predicting problem behaviorPreventing problem behaviorMaintaining consistencyMonitoring the program

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School-wide Positive Behavior Systems

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Elements of Positive Behavior Interventions and Supports

Teaching and reinforcing appropriate behavior so that everyone, the adults and the students, are engaging in instruction and prevention

Following consistent plans when responding to problem behavior

Using data to guide decision makingReinforces students for following the

behavior expectations

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Multi-Tiered Behavior System

Our behavior POI is a multi-tiered system

Primary (Universal) PreventionSecondary (Targeted) PreventionTertiary (Intensive) Prevention

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PBIS Pyramid

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Key Points for PBIS

A school-wide commitment is crucial to success.

A leadership team that meets regularly is essential.

Analyzing behavioral data for patterns helps to predict behavior problems.

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Preventing Problem Behavior

Routines and arrangements: Standing in the doorway during transitions Providing positive prompts before releasing students

from class. Keeping doors to stairways open. Acknowledging students following rules. Consistently correcting students who behave

inappropriately.

Teach expectations and post throughout the school.

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Responding to Problems

Keys to responding appropriately to problems: Classroom vs. office referrals Develop a list of effective consequences Always have correction as part of the response

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Acknowledging Success

Ways to properly use reinforcement: Verbal praise Non-verbal praise (thumbs up) Public acknowledgement Privileges Token systems, classwide reinforcement

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Monitoring Success

Try to stay proactive instead of reactive

Strive for a four to one ratio of positive to negative interactions

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Behavior Management Strategies

Adults’ actions are key…

Awareness – think about how your actions affect students.

Strive for a 4:1 ratio of positive reinforcement versus punishment/negative interactions.

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Building Positive Relationships

Quick strategies:

Showing a genuine interest in students

Providing age-appropriate feedback in a non-embarrassing way.

Treating students with respect by using simple courtesy such as saying “thank you” and “please”

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When problem behaviors occur…

General strategies: Acknowledge appropriate behavior displayed by students.

Speak privately to the student exhibiting problem behavior.

Identify the problem without emotion.

Present options.

Ask the student to improve their behavior for their benefit (not yours)

Acknowledge compliance

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Behavior Management – Schedule and Routines

Having a consistent schedule matters! Expectations for arrival times

A sequence and planned duration of activities

A routine for clean-up and transitions between activities

Explanations for any schedule changes

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In addition…

All procedures are taught and practiced and feedback is given.

Transitions between activities are smooth and without confusion.

Transitions in and out of the classroom are clearly defined and practiced.

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Physical Arrangement

Characteristics of a well-designed classroom include: Clear expectations are communicated regarding acceptable

behavior

Expectations regarding behavior are posted clearly

Transitions are smooth and without confusion

Transitions in and out of the classroom that are clearly defined and practiced

Students see teacher and teacher sees students at all times

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Teacher Proximity

Moving about the classroom frequently and maintaining a close proximity to the students can have a dramatic impact on student behavior.

Hovering near a particular student or area where behavior problems may occur is an effective strategy.

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Positive Teaching Practices

Provide clearly specified goals and objectives

Engage students throughout lessons

Provide high levels of feedback

Use verbal prompts along with physical demonstrations

Use “natural models”

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Behavior Momentum

Strategy for increasing the likelihood of appropriate behavior by asking a student to do two or three things they typically want to do and then following up with a request for a behavior the student typically does not want to do.

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Additional strategies

Providing Choices

Opportunities to Respond

Prompts and Cues

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Effective Strategies for Responding to Problem Behavior

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Why are these kids so angry?

Three types of anger: Expressive Passive Implosive

Expressive Anger

Characteristics

• Overt/Wants you to know• Doesn’t seem to care about

consequences• May want attention• Can be cultural or gender

based• Easy to recognize• In control of emotions but

not behavior• Needs to talk about what

caused anger

Strategies

Low-moderate skill level required for good response

Teachable; will respond to anger management instruction

Passive Anger

Characteristics

Hides angerKnows how to avoid

consequencesIn control of emotions

and behaviorNeeds to talk about

what CAUSED the anger

Carefully plotted

Strategies

Never confront alone; witness are invaluable

Get consensus before reporting.

Implosive Anger

Characteristics

Hides anger insideWants consequencesAmbivalent or flat affectBehavior dictated by

out of control emotionsKnows he/she is angryMay be sarcastic, bitterCan’t explain actions

Strategies

• Coach, don’t confront.• Offer assistance carefully.• Do not use negative

feedback.• Increase positive

interactions• Condition yourself to find

good in the child.• May need professional

help or hospitalization

Phases of Escalation

Students differ in terms of specific behaviors exhibited and the amount of time it takes to move through a phase.

As educators it is our goal to use our knowledge of these seven phases of escalation to understand a student’s behavior and to intervene as early as possible in the process.

TIME

1. Calm

2. Trigger

3. Agitation

4. Acceleration

5. Peak

6. De-escalation

7. Recovery

INT

EN

SIT

Y

THINKINGABILITY

1. On Task2. Follows rules and expectations3. Responsive to praise4. Initiates behavior5. Goal oriented6. Accepts praise

1. Calm

2. Trigger

3. Agitation

4. Acceleration

5. Peak

6. De-escalation

7. Recovery

TIME

INT

EN

SIT

Y

Phase 1: Calm

Strategies: Phase OneCalm

1. Structure 2. Quality Instruction 3. Attention

1. Conflicts a. Denial of something they need b. Something negative is inflicted on them2. Changes in routine3. Provocations4. Pressure5. Interruptions6. Ineffective problem solving7. Errors8. Corrections

1. Calm

2. Trigger

3. Agitation

4. Acceleration

5. Peak

6. De-escalation

7. Recovery

TIME

INT

EN

SIT

Y

Phase 2: Trigger

Strategies: Phase Two Triggers

1. Formal strategies for problem-solving

2. Individual Problem Solving Plan

3. Pre-Correction Plan

1. Eyes dart or may stare into space2. Language non- conversational or subdued3. Busy hands or hands contained4. In and out of groups or withdraws from groups5. Off task/On task or totally off task “Frozen”

1. Calm

2. Trigger

3. Agitation

4. Acceleration

5. Peak

6. De-escalation

7. Recovery

TIME

INT

EN

SIT

Y

Phase 3: Agitation

Strategies: Phase Three Agitation

1. Aim to reduce anxiety2. Give space & time 3. Preferred activities4. Teacher proximity5. Independent activities 6. Movement activities 7. Plan ahead: Involve student in the plan.

1. Questioning and arguing2. Non-compliance and defiance3. Off task4. Provoking students5. Compliance (with inappropriate behaviors)6. Whining and crying7. Avoidance and escape8. Threats and intimidation9. Verbal abuse

1. Calm

2. Trigger

3. Agitation

4. Acceleration

5. Peak

6. De-escalation

7. Recovery

TIME

INT

EN

SIT

Y

Phase 4: Acceleration

Strategies: Phase FourAcceleration

1. Avoid escalating prompts.2. Maintain calmness, respect and

detachment.3. Utilize crisis prevention

strategies.4. Allow a “face-saving” way out

1. Physical abuse2. Assault3. Self-abuse4. Severe tantrums5. Hyperventilation6. Screaming7. Running8. Violence

1. Calm

2. Trigger

3. Agitation

4. Acceleration

5. Peak

6. De-escalation

7. Recovery

TIME

INT

EN

SIT

Y

Phase 5: Peak

Strategies: Phase Five Peak

1. Short term interventions

2. Crisis plan3. Focus on safety3. Long term

interventions

1. Confusion2. Reconciliation3. Withdrawal4. Denial5. Blaming others6. Responsive to directions

1. Calm

2. Trigger

3. Agitation

4. Acceleration

5. Peak

6. De-escalation

7. Recovery

TIME

INT

EN

SIT

Y

Phase 6: De-escalation

7. Responsive to manipulative or mechanical tasks

8. Easily re-escalated

Strategies: Phase SixDe-Escalation

1. Minimize demands and attention.2. Allow some time to cool down.3. Engage in independent work or

structured task such as counting items, sorting, etc.

4. Complete exit paperwork.5. Restore environment.6. Emphasize fresh start.

1. Eagerness for independent work or activity

2. Subdued in group work3. Subdued in class work4. Defensive5. Sleeping6. Avoidance of de-briefing

1. Calm

2. Trigger

3. Agitation

4. Acceleration

5. Peak

6. De-escalation

7. Recovery

TIME

INT

EN

SIT

Y

Phase 7: Recovery

Strategies: Phase Seven Recovery1. Provide strong focus on normal routines.2. Facilitate transition back to engagement.3. Acknowledge prior successful handling of

similar situations.4. Communicate expectation that the student

can succeed and your willingness to help.5. Establish a plan with specific steps.6. De-brief.7. Seek to reach closure.

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Establishing a core team

Regulation requires each school designate a core team who is designated to respond to dangerous behavior and to implement physical restraint, if needed.

Core team receives additional training.

All school personnel will be notified who are the members of the core team.

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704 KAR 7:160 Use of Physical Restraint and Seclusion in Public Schools

All school districts must establish and implement policies and procedures regarding restraint and seclusion that do the following: Ensures school personnel are aware of and parents

are notified how to access the policies and procedures regarding physical restraint and seclusion

Requires school personnel to be trained in accordance with the requirements outlined in Section 6 of the administrative regulation

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• Outlines procedures to be followed during and after each use of physical restraint or seclusion, including notice to parents, documentation of the event in the student information system, and a process for the parent or emancipated youth to request a debriefing session

• Requires notification within twenty-four (24) hours to the Kentucky Department of Education and local law enforcement in the event of death, substantial risk of death, extreme physical pain, protracted and obvious disfigurement or protracted loss or impairment of the function of a bodily member, organ, or mental faculty resulting from the use of physical restraint or seclusion

• Outlines a procedure by which parents may submit a complaint regarding the physical restraint or seclusion of their child, which shall require the district and school to investigate the circumstances surrounding the physical restraint or seclusion, make written findings, and, if appropriate, take correction action

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• Outlines a procedure to regularly review data on physical restraint and seclusion usage and revise policies as needed

• As required by Section 6 (1), all school personnel shall be trained in state administrative regulations and school district policies and procedures regarding physical restraint and seclusion.

• All certified and non-certified school personnel shall be trained annually to use an array of positive behavioral supports and interventions to accomplish the following:

*Increase appropriate student behaviors*Decrease inappropriate or dangerous student

behaviors*Respond to dangerous behavior

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Limitations on the Use of Seclusion

704 KAR 7:160 defines seclusion as the involuntary confinement of a student alone in a room or area from which the student is prevented from leaving but does not mean classroom timeouts, supervised in-school detentions, or out-of-school suspension. 

Seclusion may only be implemented in a public school or educational program under the following conditions: The student’s behavior poses an imminent danger of physical harm to

self or others The student is visually monitored for the duration of the seclusion Less restrictive interventions have been ineffective in stopping the

imminent danger of physical harm to self or others School personnel implementing the seclusion are appropriately

trained to use seclusion

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Limitations on the Use of Seclusion

Seclusion shall not be used:

As punishment or discipline To force compliance or to retaliate As a substitute for appropriate educational or behavioral support To prevent property damage in the absence of imminent danger

of physical harm to self or others As a routine school safety measure As a convenience for staff As a substitute for timeout

As defined in 704 KAR 7:160, "Timeout" means a behavior management technique that is part of an approved program, involves the monitored separation of the student in a non-locked setting, and is implemented for the purpose of calming.

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Limitations on the Use of Seclusion

The use of seclusion shall end as soon as: The student’s behavior no longer poses an imminent danger of

physical harm to self or others or A medical condition occurs putting the student at risk of harm

A setting used for seclusion shall: Be free of objects and fixtures with which a student could inflict

physical harm to self or others Provide school personnel a view of the student at all times Provide adequate lighting and ventilation Have an unlocked and unobstructed door Have at least an annual fire and safety inspection Be reviewed by district administration to ensure programmatic

implementation of guidelines and data related to its use.

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Limitations on the Use of Physical Restraint

When choosing the trainer for the core team, school districts must refer to the following requirements regarding physical restraint:

Physical restraint shall not be used: As punishment or discipline To force compliance or to retaliate As a substitute for appropriate educational or behavioral

support To prevent property damage, except as permitted under

KRS Chapter 503 As a routine school safety measure As a convenience for staff

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Limitations on the Use of Physical Restraint

School Personnel Shall Not Impose the Following On Any Student at Any Time:

Mechanical restraintChemical restraintAversive behavioral interventionsPhysical restraint that is life threateningProne or supine restraintPhysical restraint if they know that physical

restraint is contraindicated based on the student’s disability, health care needs, or medical or psychiatric condition

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Limitations on the Use of Physical Restraint

Physical Restraint May Only be Implemented In a Public School or Educational Program when:

  The student’s behavior poses an imminent danger of physical

harm to self or others and as permitted under: KRS 503.050

KRS 503.070KRS 503.110

The physical restraint does not interfere with the student’s ability to communicate in the student’s primary language or mode of communication, unless the student uses sign language or an augmentative mode of communication as the student’s primary mode of communication and the implementer determines that freedom of the student’s hands for brief periods during the restraint appears likely to result in physical harm to self or others.

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• The student’s physical and psychological wellbeing is monitored for the duration of the physical restraint.

• Less restrictive behavioral interventions have been ineffective in stopping the imminent danger of physical harm to self or others, except in the case of a clearly unavoidable emergency situation posing imminent danger of physical harm to self or others.

• School personnel implementing the physical restraint are appropriately trained as required by Section 6(3) (Core Team Training) of this administrative regulation, except to the extent necessary to prevent physical harm to self or others in clearly unavoidable emergency circumstances where other school personnel intervene and summon trained school personnel as soon as possible.

• Implementing a physical restraint, school personnel shall use only the amount of force reasonably believed to be necessary to protect the student or others from imminent danger of physical harm.

 

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Limitations on the Use of Physical Restraint

The use of physical restraint shall end as soon as the following conditions occur: The student’s behavior no longer poses an imminent

danger of physical harm to self or others A medical condition occurs putting the student at risk

of harm

 

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Warning Signs

Warning Signs of Student Emotional Distress Uncontrollable crying or screaming Extreme withdrawal Irrational statements Urination, defecation, or vomiting

Warning Signs of Serious Physical Injury Complaints of pain Bleeding Complaints of severe pain with obvious reddening, swelling or

abrasions Signs of broken or dislocated joints/bones

 Warning Signs of Asphyxia Panting, shallow breaths, or hyperventilation Unconsciousness or unresponsiveness to regular verbal checks Darkening of skin around mouth or nose, and in hands or fingernails

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Recording and Reporting Data

THE FOLLOWING INFORMATION MUST BE REPORTED by the district in the Kentucky Student Information System:

Aggregate number of uses of physical restraint. Aggregate number of students placed in physical restraint. Aggregate number of uses of seclusion. Aggregate number of students placed in seclusion. Aggregate number of instances of substantial risk of death, extreme physical

pain, protracted and obvious disfigurement or protracted loss or impairment of the function of a bodily member, organ, or mental faculty to students related to physical restraint and seclusion.

Aggregate number of instances of risk of death, extreme physical pain, protracted and obvious disfigurement or protracted loss or impairment of the function of a bodily member, organ, or mental faculty to school personnel related to physical restraint and seclusion.

Aggregate number of instances in which a school resource officer or other sworn law enforcement officer is involved in the physical restraint or seclusion of a student.

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Policy 09.2211

STUDENTS 09.2212 Use of Physical Restraint Use of physical restraint or seclusion by school personnel is subject to 704 KAR 7:160. However, nothing in this policy

prohibits the exercise of law enforcement duties by sworn law enforcement officers.

DEFINITIONS Physical Restraint means a personal restriction that immobilizes or reduces the ability of a student to move the student’s

torso, arms, legs, or head freely. Seclusion means the involuntary confinement of a student alone in a room or area from which the student is prevented from

leaving, but does not mean classroom timeouts, supervised in-school detentions, or out-of-school suspensions.

PHYSICAL RESTRAINT All School Personnel Use of physical restraint by all school personnel is permitted when a student’s behavior poses an imminent danger of

physical harm to self or others in clearly unavoidable emergency circumstances. In such situations, staff who have not had core team training may physically restrain students, but shall summon core trained school personnel as soon as possible.

In all situations involving use of physical restraint (including restraint by core trained personnel): The student shall be monitored for physical and psychological well being for the duration of the restraint. Personnel shall use only the amount of force reasonably believed necessary to protect the student or others from imminent

danger of physical harm.

Core Trained Personnel School personnel who have undergone core team training may also use physical restraint after less restrictive behavioral

interventions have been ineffective in stopping misbehavior as noted below: In nonemergency circumstances when a student’s behavior poses an imminent danger of physical harm to self or others; As provided in KRS 503.050 (including when personnel believe physical restraint is necessary to protect themselves against

the use or imminent use of unlawful physical force);

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Procedures: 09.2211.AP21