JKA - Restraint of Students in Public Schools

DUDLEY-CHARLTON REGIONAL SCHOOL DISTRICT

POLICY - JKA

1. To administer a physical restraint only when needed to protect a student and/or a member of the school community from assault or imminent, serious, physical harm; and
2. To prevent or minimize any harm to the student as a result of the use of physical restraint.

1. as a means of discipline or punishment;
2. when the student cannot be safely restrained because it is medically contraindicated for reasons including, but not limited to, asthma, seizures, a cardiac condition, obesity, bronchitis, communication-related disabilities, or risk of vomiting;
3. as a response to property destruction, disruption of school order, a student's refusal to comply with a policy or directive, or verbal threats when those actions do not constitute a threat of assault, or imminent, serious, physical harm;
4. as a standard response for any individual student. No written individual behavior plan or individualized education program (IEP) may include use of physical restraint as a standard response to any behavior. Physical restraint is an emergency procedure of last resort.

Mechanical restraint³ and medication restraint⁴ shall be prohibited in public education programs.

• ³ Mechanical restraint means the use of any device or equipment to restrict a student’s freedom of movement.
• ⁴ Medication restraint means the administration of medication for the purpose of temporarily controlling behavior.

Proper Administration of Physical Restraint: Only personnel of the Dudley-Charlton Regional School District who have received training pursuant to the Regulations shall administer physical restraint on students. Whenever possible, the administration of a restraint shall be witnessed by at least one adult who does not participate in the restraint. Nothing in the Regulations or this policy shall preclude a teacher, employee or agent of the Dudley- Charlton Regional School District from using reasonable force to protect students, other persons or themselves from assault or imminent, serious, physical harm. When administering a physical restraint, trained staff shall comply with the requirements regarding use of force, method, duration of the restraint, and safety, as set forth in the Regulations.

Staff Training: The Dudley-Charlton Regional School District provides annual training for all staff regarding this policy and the state regulations related to the use of physical restraint in schools. This training is scheduled at the start of the school year, during the initial staff professional development days prior to the first day of school for students. Any employee hired after the school year begins will be trained within one month of their start date. District wide training includes the following information:

1. The role of the student, family, and staff in preventing restraint;
2. DCRSD’s restraint prevention and behavior support policy and procedures, including use of time-out as a behavior support strategy distinct from emergency seclusion;
3. Interventions that may preclude the need for restraint, including de-escalation of problematic behaviors and other alternatives to restraint in emergency circumstances;
4. When behavior presents an emergency that requires physical restraint, the types of permitted physical restraints and related safety considerations, including information regarding the increased risk of injury to a student when any restraint is used, in particular a restraint of extended duration;
5. Administering physical restraint in accordance with medical or psychological limitations, known or suspected trauma history, and/or behavioral intervention plans applicable to an individual student; and for the purpose of calming. Time-out shall cease as soon as the student has calmed.
6. Identification of program staff who have received in-depth training pursuant to 603 CMR 46.03(3) in the use of physical restraint. At the beginning of each school year, the principal of each public education program or his or her designee shall identify program staff who are authorized to serve as a school-wide resource to assist in ensuring proper administration of physical restraint. Such staff shall participate in in-depth training in the use of physical restraint. DCRSD utilizes the Safety Care crisis intervention program, and each building principal is required to keep a list of staff that are certified in this program. Safety Care requires a minimum of 12 initial hours of training to become certified, as well as yearly recertification that includes a minimum of 6 hours of instruction per year.

Safety Care Training includes the following in accordance with state regulations:

1. Appropriate procedures for preventing the use of physical restraint, including the de-escalation of problematic behavior, relationship building and the use of alternatives to restraint;
2. A description and identification of specific dangerous behaviors on the part of students thatmay lead to the use of physical restraint and methods for evaluating the risk of harm in individual situations in order to determine whether the use of restraint is warranted;
3. The simulated experience of administering and receiving physical restraint, instruction regarding the effect(s) on the person restrained, including instruction on monitoring physical signs of distress and obtaining medical assistance;
4. Instruction regarding documentation and reporting requirements and investigation of injuries and complaints;
5. Demonstration by participants of proficiency in administering physical restraint; and,
6. Instruction regarding the impact of physical restraint on the student and family, recognizing the act of restraint has impact, including but not limited to psychological, physiological, and social-emotional effects.

Reporting Requirements and Follow-Up. School staff must report the use of any physical restraint to the principal or a designee. The staff member who administered the restraint shall notify the principal verbally as soon as possible and in writing no later than the next school working day. The principal or building/designee must maintain an ongoing record of all such reported instances, which will be made available in accordance with state and federal law and Regulations. The principal/designee shall make reasonable efforts to verbally inform the student’s parents or guardians of the restraint within 24 hours of the event and by written report within three school working days following the use of restraint to an email address provided by the parents or guardians for the purpose of communicating about the student or by regular mail to the parents or guardians postmarked within three school working days of the restraint. The written restraint report must be in conformance with 603 CMR 46.06(4) and must be provided to the parents, or guardians in the language in which report cards and other necessary school-related information are customarily provided.

The principal or designee shall review restraint data weekly to determine whether one or more students may have been restrained multiple times during the week. If so, the principal shall convene one or more teams as deemed appropriate to assess the students’ progress and needs, with the goal of reducing or eliminating the need for restraint. The principal shall also conduct a monthly review of school-wide restraint data and take steps to reduce or eliminate the use of restraint within the school where appropriate.

All physical restraints that result in injury must be reported to DESE within three (3) school working days. In addition, the district will collect and annually report data relating to the district’s use of restraints to DESE.

Follow-up procedures for restraint include not only the reporting requirements set forth above, but also reviewing the incident with the student, staff and consideration of whether follow-up is appropriate for students who witnessed the incident.

Use of Time-Out: In accordance with DESE Guidance on Time-Out practices and Implementation of Amendments to 603 CMR 46.00 – dated February 2026

1. Permitted Use: Time-out may be used as a behavioral support strategy to help a student calm and re-regulate. Time-out must:

• Occur in an unlocked setting from which the student is permitted to leave;
• Include continuous staff observation and immediate staff availability at all times;
• Cease as soon as the student has calmed, as determined by observation of the student’s physical cues, tone of voice, and demeanor; and
• Not require the student to complete a specific task to demonstrate calm if their physical state and demeanor indicate they have already regulated.

2. Physical Space Requirements: Any room or area used for time-out must be:

• Of appropriate size for the age and needs of the student;
• Appropriately lighted, ventilated, and heated or cooled, consistent with the rest of the building;
• Free of objects or fixtures that are inherently dangerous to the student;
• In compliance with applicable local fire and building codes; and
• In compliance with any additional standards issued by the Department of Elementary and Secondary Education (DESE).

3. Prohibited Uses of Time-Out: Time-out shall NOT be used:

• As a punishment or consequence for a student who is dysregulated or unable to access the learning community;
• In a locked setting or any setting from which the student is physically prevented from leaving; or
• In a manner that denies the student an opportunity to rejoin the learning environment once calm.

Prohibition on Seclusion - Emergency Exception

1. General Prohibition: Seclusion is prohibited in all district schools and publicly-funded education programs, except in a narrowly defined emergency situation as described in Section IV.B below. Seclusion shall never be used as a routine behavioral management strategy, as a punishment, or as a substitute for appropriate behavioral support.
2. Emergency Exception — Pre-Conditions: Emergency use of seclusion is only permissible when ALL of the following pre-conditions are met and documented in advance:

• The student’s behavior presents an imminent threat of assault or serious physical harm to themselves or others;
• The student has a documented history of repeatedly causing serious self-injuries and/or injuries to other students or staff;
• The student is not responsive to directives or other lawful and less intrusive behavioral interventions, or such interventions are deemed inappropriate under the circumstances;
• Other forms of intervention have failed to ensure the safety of the student and/or others;
• A licensed physician has documented that there are no medical contraindications to the use of seclusion;
• A licensed mental health professional has documented that there is psychological or behavioral justification and that there are no psychological or behavioral contraindications;
• The student’s parent or guardian (and, if appropriate, the student) has provided consent, and the principal has approved the use in writing; and
• All staff implementing seclusion have documented participation in training on alternative behavioral interventions and management techniques.

3. Requirements During Emergency Seclusion: When seclusion is used as an emergency intervention, the following requirements apply throughout the entire period of use:

• A staff member must continuously observe and remain immediately available to the student;
• The student must be observable in all areas of the room;
• Staff must actively use calming and de-escalation strategies unless unsafe or counterproductive;
• Seclusion must cease immediately once the student’s behavior no longer poses an imminent threat; and
• If the seclusion extends beyond 30 minutes, the principal must provide additional approval.

4. Post-Intervention Procedures: Following any use of emergency seclusion, the following steps must be completed:

• Parents or guardians must be notified verbally and in writing in accordance with 603 CMR 46.06(3)– (4);
• The principal must be notified as soon as possible and provided a written report by the next school day; and
• Documentation of the incident must be completed and maintained in accordance with district procedures and DESE reporting requirements.

Imminent Threat - Standard of Determination: The determination that a student poses an imminent threat of assault or serious physical harm must be based on specific, observable actions and statements by the student. This determination must not be based solely on:

• A student’s diagnosis or disability category;
• A student’s prior behavioral history in the absence of current observable behavior; or
• Generalized apprehension or concerns that harm might occur at some point in the future.

Behaviors such as yelling, swearing, noncompliance, or refusal to follow directions may be disruptive but do not constitute an imminent threat unless they involve actions that could immediately result in serious physical harm.

Behavior Intervention Plans (BIPs): When a student exhibits ongoing or escalating challenging behaviors that interfere with learning or the safety of the student or others, the district shall develop and implement a Behavior Intervention Plan (BIP). For students with disabilities, the IEP Team must consider positive behavioral interventions and supports in the IEP consistent with 34 C.F.R. § 300.324.

All BIPs shall:

• Be informed by a Functional Behavioral Assessment (FBA);
• Include proactive, skill-building, and positive behavioral supports;
• Incorporate trauma-informed, culturally and linguistically sensitive approaches;
• Include clear prevention strategies, reinforcement systems, de-escalationbprocedures, and progress-monitoring methods; and
• Be reviewed and revised regularly based on data, student progress, and team input.

Staff responsible for implementing BIPs must receive appropriate training and supervision to ensure consistency and fidelity.

Administrative Oversight and Monitoring

1. Weekly Review: The building principal or designee shall conduct a weekly review of all students who have experienced multiple uses of emergency seclusion in the preceding week. A review team shall be convened for any student demonstrating repeated use. Documentation shall be maintained using a format consistent with the DESE Sample Weekly Review Log.
2. Monthly School-Wide Review: The principal or designee shall conduct a monthly school-wide review of emergency seclusion data to identify patterns, ensure compliance, and inform strategies for reduction. Monthly review data shall be maintained using a format consistent with the DESE Sample Monthly School-Wide Review Log.
3. Plan to Reduce and Eliminate Seclusion: Any school or program that utilizes emergency seclusion must develop and implement a written plan to examine alternatives and strategies with the goal of reducing and eliminating its use. This plan must be in place no later than three (3) years from August 17, 2026 (i.e., by August 17, 2029).
4. Reporting to DESE: The district shall report use of seclusion to DESE in the required format and frequency as directed by DESE guidance. Need to check DESE for updates to this requirement.

Physical Space Standards and Inspection: Any room or area used for emergency seclusion must meet all physical safety standards under 603 CMR 46.07(1). Such spaces must be inspected by the program at least once per week during any period of use to confirm the space is:

• Clean, safe, and sanitary;
• Appropriately designed for the age and needs of students using the room;
• Properly lit and ventilated with adequate heating or cooling;
• Free of objects or fixtures that pose a risk of harm; and
• Compliant with all applicable fire and building codes.

Inspections must be documented using a physical space checklist. Schools shall use the DESE Sample Physical Space Checklist or an equivalent form that captures all required elements.

Training Requirements: The Superintendent shall ensure that all staff who may be involved in the implementation of time-out or seclusion receive appropriate training prior to August 17, 2026, and on an ongoing basis thereafter. Training shall include:

• The legal requirements and definitions under 603 CMR 46.00 and this policy;
• Positive behavioral supports, trauma-informed approaches, and de-escalation strategies;
• Alternatives to seclusion and the preconditions for its emergency use;
• Documentation and reporting obligations; and
• Student and staff rights and safeguards.

Non-Discrimination: The district reaffirms that the improper use of time-out or seclusion may constitute discrimination against students with disabilities under Section 504 of the Rehabilitation Act of 1973 and Title II of the Americans with Disabilities Act. All practices governed by this policy shall be applied in a non-discriminatory manner, consistent with federal and state law.

Parent and Guardian Rights: Parents and guardians have the right to:

• Be notified verbally and in writing following any use of emergency seclusion involving their child;
• Provide or withhold consent for the emergency use of seclusion;
• Request a meeting to discuss alternative supports and strategies, particularly in cases of repeated use; and
• Receive all notifications in their native language.

Reporting Requirements for use of Time Out: School staff must report the use of any Time Out to the principal or a designee. The staff member who administered the Time Out shall notify the principal verbally as soon as possible and in writing no later than the next school working day. The principal or building/designee must maintain an ongoing record of all such reported instances, which will be made available in accordance with state and federal law and Regulations. The principal/designee shall make reasonable efforts to verbally inform the student’s parents or guardians of the restraint within 24 hours of the event and by written report within three school working days following the use of Time Out to an email address provided by the parents or guardians for the purpose of communicating about the student or by regular mail to the parents or guardians postmarked within three school working days of the use of Time Out. The Time Out report must be provided to the parents, or guardians in the language in which report cards and other necessary school-related information are customarily provided.

Prevention of Dangerous Behavior. As set forth in the Regulations, the Dudley- Charlton Regional School District shall develop methods for preventing student violence, self- injurious behavior, and suicide, including individual crisis planning, behavior intervention plans, and de-escalation of potentially dangerous behavior occurring among groups of students or with an individual student.

Parent Engagement. A summary of, and link to, the full policy JKA will be published in each school’s handbook.

Complaints. Students, parents or guardians who have a complaint regarding physical restraint procedures may request a meeting with the building principal to discuss their concerns. If then parents’, or guardians’ issues are not resolved at this level, they may request a meeting with the Superintendent of Schools, or District Level Administrator, which shall be scheduled within ten school working days of the receipt of the request to meet.

(Items in ( ) are not approved by School Committee for Policy JRA)

Additional Information. A copy of the Regulations, may be obtained from Heather Harriman, the DCRSD Pupil  Services Director, who can be reached via email at hharriman@dcrsd.org or via telephone at 508.943.6888. A copy of the Regulations also may be obtained at www.doe.mass.edu/lawsregs/603cmr46.html.

LEGAL REF.: 603 CMR 46.00 et seq.