Time Out and Physical Restraint
This Policy applies to all students at The Child School ("School"). The School recognizes that students exhibit challenging behaviors that impede learning and pose concern for the physical safety of themselves or others. The School is required by state law and state regulations to adopt a policy that establishes administrative practices and procedures on the use of timeout and physical restraint to address such challenging behaviors.
As required by state regulations, the School will utilize positive, proactive, evidence- and researched based strategies through a multi-tiered system of supports, to reduce the occurrence of challenging behaviors, eliminate the need to the use of timeout and physical restraint, and improve school climate and the safety of all students. Such strategies will include intervention and prevention procedures and de-escalation techniques. However, these strategies may not always be effective in keeping the school environment safe.
Pursuant to state regulations 8 NYCRR Section 19.5, timeout and physical restraint will not be used as discipline or punishment, retaliation, or as a substitute for positive, proactive intervention strategies that are designed to change, replace, modify, or eliminate a targeted behavior. Timeout and physical restraint may only be used when:
- Other less restrictive and intrusive interventions and de-escalation techniques would not prevent imminent danger of serious physical harm to the student or others;
- There is no known medical contraindication to its use on the student; and
- School staff using such interventions have been trained in its safe and appropriate application, as required by state regulations.
For purposes of this policy, the term “parent” refers to parents, guardians, and persons in parental relation, as defined in Education Law §2.
I. Timeout
Timeout is defined in state regulations as a behavior management technique that involves the monitored separation of a student in a non-locked setting, implemented for the purpose of deescalating, regaining control, and preparing the student to meet expectations to return to their education program.
Timeout does not include:
1. a student-initiated or student-requested break to utilize coping skills, sensory input, or self-regulation strategies;
2. use of a room or space containing coping tools or activities to assist a student to calm and self-regulate, or the use of such intervention strategies consistent with a student with a disability’s behavioral intervention plan; or
3. a teacher removal, in-school suspension; or any other appropriate disciplinary action.
Timeout may only be used in situations that pose an immediate concern for the physical safety of the student or others. Staff must return students to their educational program as soon as they have safely de-escalated, regained control and are prepared to meet expectations.
A. Physical Requirements for Rooms or Spaces Used for Timeout
The room or physical space used for purposes of timeout may be located within a classroom or outside of the classroom. The space must be unlocked, and any door must be able to be opened from the inside. The space must allow for continuous visual and auditory monitoring of the student, and school staff will continuously monitor students in timeout. The space will be large enough to allow a student to move freely and lay down comfortably. Wall and floor coverings will be designed to prevent student injury where possible, and there will be adequate lighting and ventilation. The temperature of the space will be within the normal comfort range, and consistent with the rest of the building. The space will be clean and free of objects and fixtures that could be potentially dangerous to a student and will meet all local fire and safety codes. The staff must be able to see and hear the student at all times.
B. Additional Requirements for the Use of Timeout with Students with Disabilities
A student’s IEP will specify when a behavioral intervention plan includes the use of a timeout, including the maximum amount of timeout a student will need as a behavioral consequence, as determined on an individual basis, in consideration of the student’s age and individual needs. The behavioral intervention plan will be designed to teach and reinforce alternative appropriate behaviors. The School will inform parents of students with disabilities prior to the initiation of a behavioral intervention plan that incorporates the use of timeout, give the parent an opportunity to see the room or physical space used, and provide the parent with a copy of this policy.
C. Factors Precipitating the Use of Timeout
The factors which may trigger the use of timeout can depend on the particular student. Generally, timeout may be used when a student needs to de-escalate, regain control of their actions and emotions, and prepare to meet expectations to return to the education program. Such students may be unable to control (or exhibit difficulty controlling) their actions or emotions, feel overwhelmed or overstimulated, exhibit violent actions, or pose a danger to themselves or others. Such students generally would not have responded favorably to initial intervention and de-escalation actions by staff, or when positive, proactive intervention strategies used by staff were unsuccessful.
D. Time Limitations for Timeout
The amount of time a student may spend in timeout will vary with the student's age, grade, developmental level, individual needs, behavioral intervention plan , and the specific circumstances. Students will spend only as much time in timeout as is necessary for them to deescalate, regain control, return to their educational programs, or no longer pose a concern for the physical safety of themselves or others.
Timeouts that are utilized pursuant to a student’s behavior intervention plan will not be more than the maximum amount of time specified in the behavioral intervention plans.
II. Use of Physical Restraint
Physical restraint immobilizes or reduces the ability of a student to move their arms, legs, body, or head freely. Physical restraint does not include a physical escort or brief physical contact and/or redirection to promote student safety, calm or comfort a student, prompt or guide a student when teaching a skill or assisting a student in completing a task, or for other similar purposes.
A. Requirements for Use of Physical Restraint
Physical restraint will only be used in situations where immediate intervention involving the use of reasonable physical force is necessary to prevent imminent danger of serious physical harm to the student or others.
1. The type of physical restraint used shall be the least restrictive technique necessary and will stop as soon as the imminent danger of serious physical harm is over.
2. Physical restraint will not restrict the student’s ability to breathe, communicate, or harm the student.
3. Students will not be restrained in a face-down position.
4. Physical restraint will not be used as a planned intervention on a student’s individualized education program, behavioral intervention plan, or other plan developed for a student by the School.
5. Physical restraint will not be used to prevent property damage, except in situations where there is imminent danger of serious physical harm to the student or others, and the student has not responded to positive, proactive intervention strategies.
6. Physical restraint will be administered only by staff who have received training in accordance with state regulations and this policy and regulation.
7. Following a physical restraint, if the student is or is believed to be injured, the school nurse or other medical personnel (i.e., physician, physician assistant, or a nurse practitioner) will evaluate the student to determine and document if any injuries were sustained during the incident.
B. Factors Precipitating the Use of Physical Restraint
The factors which may trigger the use of physical restraint can depend on the particular student, but there must be imminent danger of serious physical harm to the student or others. Generally, physical restraint may be used when a student needs to de-escalate, regain control of their actions and emotions, and prepare to meet expectations to return to the education program. Such students may be unable to control (or exhibit difficulty controlling) their actions or emotions, feel overwhelmed or overstimulated, exhibit violent actions, or pose a danger to themselves or others. Such students generally would not have responded favorably to initial intervention and de-escalation actions by staff, or when positive, proactive intervention strategies used by staff were unsuccessful.
Students will remain in physical restraint only while the imminent danger of serious physical harm to the student or others persists.
III. General Requirements for Timeout and Physical Restraint
A. Staff Training
All staff will receive annual training on:
1. the School’s policies and procedures on the use of timeout and physical restraint;
2. evidence-based positive, proactive strategies;
3. evidence-based training in safe and effective developmentally appropriate timeout and physical restraint procedures; and
4. crisis intervention and prevention procedures and de-escalation techniques from the Crisis Prevention Institute (“CPI”), or a similar organization.
B. Prohibitions
Students are prohibited from being placed in a locked room or space for timeout, or in a prone restraint (face-down position). In addition, the following actions are prohibited by state regulations:
1. Aversive Interventions
Aversive interventions are defined in state regulations as those which are intended to induce pain or discomfort for the purpose of eliminating or reducing student behavior. It includes applying noxious, painful, intrusive stimuli, strangling, shoving, deep muscle squeezes or similar actions; noxious, painful or intrusive spray, inhalant or taste; denying or delaying food, or altering food or drink to make it distasteful; limiting movement as a punishment, including helmets or mechanical restraints.
Aversive interventions do not include voice control if limited to loud, firm comments; time-limited ignoring of a specific behavior, token fines as part of a token economy system, brief physical prompts to interrupt or prevent a specific behavior, interventions medically necessary to treat or protect the student.
2. Corporal Punishment
Corporal punishment is defined in state regulations as any act of physical force upon a student for the purpose of punishing that student. The term does not include the use of physical restraint as defined in state regulations to protect the student, another student, teacher, or any other person from physical injury when alternative procedures and methods not involving the use physical restraint cannot reasonably be employed to achieve these purposes.
3. Seclusion
Seclusion is defined in state regulations as the involuntary confinement of a student alone in a room or space that they are physically prevented from leaving or they may perceive that they cannot leave at will. Seclusion does not include timeout as defined in this policy and state regulations.
C. Data Collection to Monitor Patterns of Use
1. Documentation
The School will document each incident of timeout (including those pursuant to a BIP) and physical restraint. Documentation will include:
a. The student’s name and birth date;
b. The setting and location of the incident;
c. The names of staff members who participated in the implementation, monitoring and supervision of the use of timeout/physical restraint;
d. A description of the incident, including the duration and type of restraint used (for physical restraint);
e. Whether the student has an IEP, BIP, or other plan developed by the School for the student;
f. The positive, proactive intervention strategies utilized prior to the use of timeout/physical restraint (for students with disabilities, include whether those strategies were consistent with the BIP, if applicable);
g. The details of any injuries sustained by the student or staff during the incident and whether the student was evaluated by the school nurse or other medical personnel;
h. The date and method of parent notification and whether a meeting was held; and
i. The date the debriefing was held.
2. Debriefing
As soon as is practicable, and after every incident in which timeout and/or a physical restraint is used on a student, the Executive Director or designee will:
a. Meet with the school staff who participated in the use of timeout and/or physical restraint to discuss:
i. the circumstances leading to the use of timeout and/or physical restraint;
ii. the positive, proactive intervention strategies that were utilized prior to the use of timeout and/or physical restraint; and
iii. planning for the prevention and reduction of the future need for timeout and/or physical restraint with the student including, if applicable, whether a referral should be made for special education programs and/or other support services or, for a student with a disability, whether a referral for review of the student’s individualized education program and/or behavioral intervention plan is needed.
b. Direct a school staff member to debrief the incident with the student in a manner appropriate to the student's age and developmental ability and to discuss the behavior(s), if any, that precipitated the use of timeout and/or physical restraint.
3. Review of Documentation
The Executive Director or designee will regularly review documentation on the use of timeout and physical restraint to ensure compliance with school’s policy and procedures.
If there are multiple incidents within the same classroom or involving the same staff, the Executive Director or designee will take appropriate steps to address the frequency and pattern of use.
IV. Parent Notification
The Executive Director or designee will notify parents on the same day that timeout or physical restraint is used on a student, including a timeout used in conjunction with a student’s BIP by methods reasonably expected to reach parents (e.g., email, text, phone, apps, portals, etc.). The notification will offer the parents the opportunity to meet regarding the incident. Parents will also be provided with a copy of the documentation of the incident and copy of this policy within three school days of the use of timeout or physical restraint.
If the parent cannot be contacted after making reasonable attempts, the Executive Director or designee will record the attempts made to contact the parent. The Executive Director or designee will also report such attempts to the student’s committee on special education.
V. Annual Reporting
School staff must report all allegations of corporal punishment, mechanical restraint, and other aversive interventions, prone physical restraint, or seclusion to the Executive Director. The Executive Director or designee will investigate the allegations, and determine whether they are substantiated or unsubstantiated, and will compile the reports annually.
The School will submit a report to the State Education Department, on a form and at a time prescribed by the Commissioner of Education, on the use of timeout and physical restraint, as well as substantiated and unsubstantiated allegations of the use of corporal punishment, mechanical restraint and other aversive interventions, prone physical restraint and seclusion.
VI. Public Availability and Posting of Policy
This policy will be made publicly available for review at the School’s administrative office, at each school building, and posted on the School’s website.
Ref:
8 NYCRR 200.22; 200.15; 19.5
Education Law Section 4402(9)