The Board of Education recognizes that students with disabilities sometimes exhibit inappropriate behaviors that impede learning. As a result, students with disabilities may require unique approaches to discipline so that they can continue to benefit from their educational program. The Board further acknowledges that the use of aversive behavioral intervention, as defined in §19.5 of the Commissioner’s regulations, is prohibited.
The use of a time out room or physical restraint will be in conformance with a child’s individual education program (IEP). Staff will adhere to federal and state statute and regulation in the administration of these measures.
Time Out Room
A time out room is a supervised area for a student to safely deescalate, regain control and prepare to meet expectations to return to his/her educational program. The room will only be used in conjunction with a behavioral intervention plan, as part of the student’s IEP, or when it is necessary to remove a student from a potentially dangerous situation in unanticipated situations that pose an immediate concern for the physical safety of a student or others. The location, size and access to the time out room will be in conformance with applicable laws and regulations. The Director of Pupil Personnel Services will be responsible for the development and implementation of regulations covering the use of a time out room, as well as monitoring compliance with those regulations.
The Director of Pupil Personnel Services or designee will inform parents prior to the initiation of a behavioral intervention plan that will incorporate the use of a time out room. Upon request, the parent will be shown the space that will be utilized. In addition, the parent will be provided a copy of this policy.
Physical Restraint: Emergency Interventions
Staff will not use physical restraint as a substitute for systematic intervention to modify inappropriate behavior. Staff who may be called upon to physically restrain a student will be trained on safe and effective ways to do so. Physical restraint may be used in an emergency where no other approach would be effective in controlling the student’s behavior.
During emergencies, immediate intervention by staff involving the use of reasonable physical force may be necessary, either to protect people or property from injury or damage, or to restrain or remove a student whose behavior is interfering with the orderly functioning of the school, if that student has refused to comply with a request to refrain from further disruptive acts.
The district shall document the use of emergency interventions for each student. This shall include the student’s name and date of birth, the setting and location of the incident, the staff members involved, other persons involved, a description of the incident and the intervention used, the duration of the incident, a statement as to whether the student has a current behavioral intervention plan, and details of any injuries sustained by either the student or others as a result of the incident. Documentation of emergency interventions shall be reviewed by school supervisory personnel and, as necessary, the school nurse or other medical personnel. The student’s parents/guardians shall be notified of each incident of emergency intervention.
Training for staff on the policies and procedures related to the use of time out rooms, physical restraint, and related behavior management practices will be provided annually or as needed.
The Director of Pupil Personnel Services will be responsible for implementation and oversight of this policy.
Ref: 8 NYCRR §§19.5; 200.15; 200.22
Adopted January 23, 2018