Corporal Punishment, Restraint of Students, and Timeout

This policy is to establish District guidelines prohibiting the use of corporal punishment and prescribing when and how restraint and timeout1 of students is to be used in response to or to address student behaviors. In all situations, positive, proactive, evidence- and research-based strategies through a multi-tiered system of supports are to be used to reduce the occurrence of challenging behaviors, eliminate the need for the use of timeout and physical restraint, and improve school climate and the safety of all students.

School employees and agents are prohibited from using any of the following against a student:
•corporal punishment;
•aversive interventions; or
•seclusion.

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.

Factors Which May Precipitate the Use of Timeout and/or Physical Restraint

Generally, timeout and physical restraint will 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 and their training is current in its safe and appropriate application in accordance with the requirements of this policy.

Both will only be used for developmentally appropriate time periods based on the latest information provided by SED.

A.Timeout

Except in accordance with Commissioners regulations (8 NYCRR 200.22(c)), timeoutwill only be used in a situation that poses an immediate concern for the physical safety of the student or others. Staff will return the student to their educational program as soon as the student has safely de-escalated, regained control and is prepared to meet expectations.

In addition to other laws and/or regulations pertaining to timeout rooms used by the District, the room or physical space used for timeout will be unlocked, and any door must be able to be opened from the inside. The use of locked rooms or physical spaces is expressly prohibited. The room or space will allow for continuous visual and auditory monitoring of the student.

B.Use of Physical Restraint
 All terms used in this policy are as defined in the Board of Regents regulations section 19.5. 9
Physical restraint will only be used in a situation in which immediate intervention involving the use of reasonable physical force is necessary to prevent imminent danger of serious physical harm to the student or others. The type of physical restraint used will be the least restrictive technique necessary and be discontinued as soon as the imminent danger of serious physical harm has resolved. Physical restraint will never be used in a manner that restricts the student's ability to breathe or communicate or harms the student. The use of prone restraint is expressly prohibited.

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.

Physical restraints will be administered only by staff who have received training and such training is current in accordance with the requirements set forth below.

Following a physical restraint, school medical personnel, including the school nurse, will determine if an injury has been sustained by the student. Medical personnel will document any marks, bruises or other injuries the student may have at the time of the evaluation.

Parental Notification

Each building principal is responsible for developing specific procedures for parental notification of restraints and timeouts consistent with the following requirements. Such procedures must:
•include same day notification to a parent or person in parental relation to the student following the use of timeout, including timeout used in conjunction with a student's behavioral intervention plan or use of a physical restraint. When the student's parent or person in parental relation cannot be contacted, after reasonable attempts are made, the school principal or building administrator will record such attempts. For students with disabilities, the school principal or building administrator will report such attempts to the student's committee on preschool special education or committee on special education.Such notification will offer the parent the opportunity to meet regarding the incident; and
•provide the parent or person in parental relation to the student a copy of the documentation of the incident within three school days of the use of timeout or a physical restraint.

Documentation
The school will maintain documentation of each incident involving the use of timeout, including timeout used in conjunction with a student's behavioral intervention plan or physical restraint on each student as prescribed in Board of Regents regulations, section 19.5(d)(4).

Debriefing 
As soon as practicable, and after every incident in which timeout or a physical restraint is used on a student, a school administrator or designee will meet with the school staff who participated in the use of timeout or physical restraint to discuss:
• the circumstances leading to the use of timeout or physical restraint; and
• the positive, proactive intervention strategies that were utilized prior to the use of timeout physical restraint; and
• planning for the prevention and reduction of the future need for timeout 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 or behavioral intervention plan is needed; and
• 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 or physical restraint.

Review of documentation
The school administrator or designee will regularly review documentation on the use of timeout and physical restraint to verify compliance with school's policy and procedures. When there are multiple incidents within the same classroom or involving the same staff, the school administrator or designee will take appropriate steps to address the frequency and pattern of use.

Staff training
All staff will receive annual training on the school's policies and procedures related to the use of timeout and physical restraint; evidence-based positive, proactive strategies; crisis intervention and prevention procedures and de-escalation techniques.

Any staff who may be called upon to implement timeout or physical restraint, will receive annual, evidence-based training in safe and effective developmentally appropriate timeout and physical restraint procedures.