Sec. 11.
(a) No
later than July 1, 2014, each Indiana school corporation, charter school, and
accredited nonpublic school must adopt a seclusion and restraint plan. At a
minimum, each seclusion and restraint plan shall include the following:
(1) A statement on how:
(A) students will be treated with dignity and
respect; and
(B) appropriate
student behavior will be promoted and taught.
(2) A statement ensuring that the school will
use prevention, positive behavior intervention and support, and conflict
deescalation to eliminate or minimize the need for use of any of the following:
(A) Seclusion.
(B) Chemical restraint.
(C) Mechanical restraint.
(D) Physical restraint.
(3) A statement ensuring that any behavioral
intervention used will be consistent with the student's most current behavioral
intervention plan, or IEP, if applicable.
(4) Definitions for restraint and seclusion,
as defined in this article.
(5) A
statement ensuring that if a procedure listed in subdivision (2) is used, the
procedure will be used:
(A) as a last resort
safety procedure, employed only after another, less restrictive procedure has
been implemented without success; and
(B) in a situation in which there is an
imminent risk of injury to the student, other students, school employees, or
visitors to the school.
(6) An indication that restraint or seclusion
may be used only for a short time period or until the imminent risk of injury
has passed.
(7) A documentation and
recording requirement governing incidents in which procedures listed in
subdivision (2) are used, including:
(A) how
every incident will be documented and debriefed;
(B) how responsibilities will be assigned to
designated employees for evaluation and oversight; and
(C) designation of a school employee to be
the keeper of such documents.
(8) A requirement that the student's parent
must be notified as soon as possible when an incident involving the student
occurs that includes use of procedures listed in subdivision (2).
(9) A requirement that a copy of an incident
report must be sent to the student's parent after the student is subject to a
procedure listed in subdivision (2).
(10) Required recurrent training for
appropriate school employees on the appropriate use of effective alternatives
to physical restraint and seclusion, including the use of positive behavioral
intervention and support and conflict deescalation. The training must include
the safe use of physical restraint and seclusion in incidents involving
imminent danger or serious harm to the student, school employees, or others.
Consideration must be given to available school resources and the time
commitments of school employees.
(b) The department shall accept reports from
the public regarding school restraint and seclusion plans, which reports shall
be limited to:
(1) lack of compliance between
a school's seclusion and restraint plan and the requirements of IC 20-20-40 and
the requirements of subsection (a);
(2) the availability of a school's plan as
described in section 8 of this rule; and
(3) the reporting of incidents of seclusion
or restraint, including the reporting of the use of seclusion or restraint by a
school's resource officer.
(c) The department shall provide the
commission with a summary of the reports received.
(d) The summary report must comply with the
federal Family Educational Rights and Privacy Act (
20 U.S.C.
1232g and 34 CFR Part 99).
(e) The commission, after reviewing the
summary from the department, may instruct the department to require a school to
provide a written explanation regarding a report.
(f) Upon request, each school shall provide
the department with a written explanation and response to any questions posed
by the department. The school shall provide the explanation in a manner
prescribed by the department.
(g)
After review of the explanation by the school and any supporting documentation,
the department shall provide a summary of the department's findings.
(h) Based on the department's findings, the
commission may make nonbinding recommendations to the department or to the
school related to professional development for the school related to the use of
seclusion or restraint, this article, or IC 20-20-40.
