Use of Seclusion and Restraint

Board Approved: June 13, 2023

Connecting Waters Charter Schools (“CWCS” or the “Charter School”) staff shall avoid the use of seclusion and behavioral restraint of students whenever possible. Seclusion or behavioral restraint may be used only to control student behavior that poses a clear and present danger of serious physical harm to the student or others, which cannot be prevented by a response that is less restrictive. Seclusion and behavioral restraint of students shall not be used in any form as a means of coercion, discipline, convenience, or retaliation. 

The Governing Board (“Board”) recognizes that any effort to change the behavior of another individual represents a degree of intrusion into that individual’s life. To justify that intrusion, reasonable assurances must be given that, as a result of the intervention, the individual’s behavior will change in a timely manner and that this change will benefit the individual. Therefore, in accordance with law, all efforts to change behavior must be based on effective techniques and the least intrusive procedure likely to be effective will be used.

Definitions

Behavioral restraint includes mechanical restraint or physical restraint used as an intervention when a student presents an immediate danger to self or to others. Behavioral restraint does not include postural restraints or devices used to improve a student's mobility and independent functioning rather than to restrict movement.  (Education Code 49005.1)

Mechanical restraint means the use of a device or equipment to restrict a student's freedom of movement. Mechanical restraint does not include the use of devices as prescribed by an appropriate medical or related services professional, including, but not limited to, adaptive devices or mechanical supports used to achieve proper body position, balance, or alignment; vehicle safety restraints during the transport of a student; restraints for medical immobilization; or orthopedically prescribed devices which permit a student to participate in activities without risk of harm. Mechanical restraint also does not include the use of devices by peace officers or security personnel for detention or for public safety purposes.  (Education Code 49005.1)

Physical restraint means a personal restriction that immobilizes or reduces the ability of a student to move the torso, arms, legs, or head freely. Physical restraint does not include a physical escort in which a staff member temporarily touches or holds the student's hand, wrist, arm, shoulder, or back for the purpose of inducing a student who is acting out to walk to a safe location.  Physical restraint also does not include the use of force by peace officers or security personnel for detention or for public safety purposes.  (Education Code 49005.1)

Prone restraint means the application of a behavioral restraint on a student in a facedown position.  (Education Code 49005.1)

Seclusion means the involuntary confinement of a student alone in a room or an area from which the student is physically prevented from leaving. Seclusion does not include a timeout involving the monitored separation of the student in an unlocked setting, which is implemented for the purpose of calming the student.  (Education Code 49005.1)

Prohibitions

Seclusion and behavioral restraint of students shall not be used in any form as a means of coercion, discipline, convenience, or retaliation.  

In addition, staff shall not take any of the following actions:  

1. Administer a drug that is not a standard treatment for a student's medical or psychiatric condition in order to control the student's behavior or restrict the student's freedom of movement

2. Use seclusion or a behavioral restraint for the purpose of coercion, discipline, convenience, or retaliation.

3. Utilize any amount of force that exceeds that which is reasonable and necessary under the circumstances.

4. Utilize any behavioral intervention that is designed to, or likely to, cause physical pain, including, but not limited to, electric shock.

5. Utilize any behavioral intervention that involves the release of noxious, toxic, or otherwise unpleasant sprays, mists, or substances in proximity to the face of the individual.

6. Utilize any behavioral intervention that denies adequate sleep, food, water, shelter, bedding, physical comfort, or access to bathroom facilities.

7. Utilize any behavioral intervention that is designed to subject, used to subject, or likely to subject, the individual to verbal abuse, ridicule, or humiliation, or that can be expected to cause excessive emotional trauma. 

8. Utilize any behavioral interventions that employ a device, material, or objects that simultaneously immobilize all four extremities, including the procedure known as prone containment, except that prone containment or similar techniques may be used by trained personnel as a limited emergency intervention.

9. Utilize any behavioral intervention that precludes adequate supervision of the individual.

10. Utilize any behavioral intervention that deprives the individual of one or more senses.

11. Use locked seclusion, unless it is in a facility otherwise licensed or permitted by state law to use as a locked room

12. Use a physical restraint technique that obstructs a student's respiratory airway or impairs a student's breathing or respiratory capacity, including a technique in which a staff member places pressure on the student's back or places his/her body weight against the student's torso or back

13. Use a behavioral restraint technique that restricts breathing, including, but not limited to, the use of a pillow, blanket, carpet, mat, or other item to cover a student's face

14. Place a student in a facedown position with the student's hands held or restrained behind the student's back

15. Use a behavioral restraint for longer than is necessary to contain the behavior that poses a clear and present danger of serious physical harm to the student or others

Limited Use of Seclusion or Restraint

Staff shall avoid the use of seclusion and behavioral restraint of students whenever possible. Seclusion or behavioral restraint may be used only to control student behavior that poses a clear and present danger of serious physical harm to the student or others, which cannot be prevented by a response that is less restrictive.   No emergency intervention shall be employed for longer than is necessary to contain the behavior. A situation that requires prolonged use of an emergency intervention shall require the staff to seek assistance of the CWCS Executive Director and/or law enforcement as applicable to the situation.

If a student is put in seclusion, the student shall be under constant, direct observation of a staff member. Such observation may be through a window or another barrier through which the staff member is able to make direct eye contact with the student, but shall not be made through indirect means such as a security camera or closed-circuit television.  

If a student is restrained, staff shall afford the student the least restrictive alternative and the maximum freedom of movement, and shall use the least number of restraint points, while ensuring the physical safety of the student and others.  

If a prone restraint technique is used on a student, a staff member shall observe the student for any signs of physical distress throughout the use of the restraint. Whenever possible, the staff member monitoring the student shall not be involved in restraining the student.  

Special Education Reporting Requirements

For students with exceptional needs, the student’s parent/guardian or shall be notified within one (1) school day if a restraint or seclusion is used or serious property damage occurs. A behavioral emergency report (“BER”) shall immediately be completed and maintained in the student’s file. 

The BER shall include all of the following:

1. The name and age of the individual with exceptional needs.

2. The setting and location of the incident.

3. The name of the staff or other persons involved.

4. A description of the incident and the emergency intervention used, and whether the individual with exceptional needs is currently engaged in any systematic behavioral intervention plan.

5. Details of any injuries sustained by the individual with exceptional needs, or others, including staff, as a result of the incident.

All BERs shall immediately be forwarded to, and reviewed by, the CWCS Executive Director. 

If a BER is written regarding an individual with exceptional needs who does not have a behavioral intervention plan (“BIP”), the CWCS Executive Director shall, within two (2) days, schedule an individualized education program (“IEP”) team meeting to review the BER, to determine the necessity for a functional behavioral assessment (“FBA”), and to determine the necessity for an interim plan. The IEP team shall document the reasons for not conducting the FBA, not developing an interim plan, or both, as applicable. If a BER is written regarding an individual with exceptional needs who has a BIP, and the  incident involved a previously unseen serious behavior problem, or a previously designed intervention was ineffective, the IEP team will review the BER and determine if the incident constitutes a need to modify the BIP.

In the case of a child whose behavior impedes the child’s learning or that of others, the IEP team shall consider the use of positive behavioral interventions and supports, and other strategies, to address that behavior.

Restraint administered to a student with a disability pursuant to a FBA, IEP, and BIP, developed in accordance with state and federal law to which CWCS and the student’s parents or guardians have agreed, shall be deemed to meet the requirements of these procedures.

Documentation 

The Executive Director or designee shall annually collect data on the number of times that seclusion, mechanical restraint, and physical restraint were used on students and the number of students subjected to such techniques. The data shall be disaggregated by race/ethnicity and gender, and reported for students with a Section 504 plan, students with an individualized education program, and all other students. This report shall be submitted to the California Department of Education no later than three months after the end of each school year, and shall be available as a public record pursuant to Government Code 6250-6270.