Section: 4000
Title: Timeout and Physical Restraint
Code: 4321.12
First Read: December 2023
Second Read/Resolution: January 8 2024
This is a required policy per State regulations 8 NYCRR §19.5(d)(8).
This policy applies to all students, whether or not they are students with disabilities. The Board of Education recognizes that sometimes students exhibit challenging behaviors that impede learning and pose concern for the physical safety of themselves or others. The Board 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 district 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 for 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 §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 and regulation, the term “parent” refers to parents and persons in parental relation.
The Superintendent is directed to establish administrative regulations to implement this policy.
I. Precipitating Factors and Time Limitations
Generally, timeout and physical restraint will be used when students exhibit behavior that puts themselves or others at risk of physical injury. Timeout and physical restraint will be used for the least amount of time necessary, generally only until the student has de-escalated, can return to their educational program, and no longer poses a risk of injury to themselves or others.
II. Timeout for Students with Disabilities Pursuant to a Behavioral Intervention Plan
In addition to situations posing an immediate concern for the physical safety of a student or others as described in this policy and administrative regulation, timeout may be used for students with disabilities in conjunction with a behavioral intervention plan (BIP), as part of the student’s individualized education program (IEP), as permitted by state regulations 8 NYCRR §200.22.
III. Staff training
The district will provide annual training to staff on the use of timeout and physical restraint as required by state regulations and outlined further in the accompanying administrative regulation.
IV. Information Provided to Parents
As required by state regulations, the district will provide this policy and accompanying administrative regulation to the parents of students for whom timeout and physical restraint has been used.
V. Parent Notification of Timeout or Restraint
The Building Principal 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. The notification will offer the parent the opportunity to meet regarding the incident. Parents will also be provided with a copy of the documentation of the incident within three school days of the use of timeout or physical restraint.
If the parent cannot be contacted after making reasonable attempts, the Principal will record the attempts made to contact the parent. In the case of students with disabilities, the Principal will report such attempts to the student’s committee on preschool special education or committee on special education.
VI. Data Collection to Monitor Patterns
As required by state regulations, the district will document each incident of the use of timeout (including those used in conjunction with a BIP) and physical restraint, debrief following each incident of timeout and physical restraint, and review its documentation to monitor patterns of timeout and physical restraint.
The district will periodically examine data about the use of timeout and physical restraint. Such data will be disaggregated by school and grade level, as well as student race/ethnicity and sex/gender (and/or other relevant factors). The purpose of this examination is to determine whether the district is disproportional in its use of timeout and physical restraint, how to reduce such disproportionality, and what additional training, support and/or assistance is needed to reduce the use of such interventions.]
VII. Prohibited Actions
Students may not be placed in a locked room or space in a room where the student cannot be continuously observed and supervised by school staff. Students may not be placed in a prone restraint (a physical or mechanical restraint while the student is in a face down position).
Additionally, district teachers, administrators, officers, employees, or agent may not use corporal punishment, mechanical restraint and other aversive interventions, or seclusion (which differs from timeout) against a student, as defined in state regulations. State regulations include school resource officers in the term “agent” except when a student is under arrest and handcuffs are necessary for the safety of the student and others.
VIII. Annual Reporting
District staff must report all allegations of corporal punishment, mechanical restraint and other aversive interventions, prone physical restraint, or seclusion to the Superintendent. The Superintendent or designee will investigate the allegations, and determine whether they are substantiated or unsubstantiated, and will compile the reports annually.
The district 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.
IX. Public Availability and Posting of Policy
This policy and accompanying administrative regulation will be made publicly available for review at the district administrative offices, at each school building, and posted on the district’s website.
Ref: Education Law §4402(9)
8 NYCRR §§19.5; 200.22
Adoption date: January 8 2024