Ohio Administrative Code
Title 3301 - Department of Education - Administration and Director
Chapter 3301-35 - Standards for Kindergarten through Twelfth Grade
Section 3301-35-15 - Standards for the implementation of positive behavior intervention supports and the use of restraint and seclusion
Universal Citation: OH Admin Code 3301-35-15
Current through all regulations passed and filed through September 16, 2024
(A) Notwithstanding rule 3301-35-01 of the Administrative Code, the following definitions apply for purposes of this rule:
(1)
"Aversive behavioral interventions" means an intervention
that is intended to induce pain or discomfort to a student for the purpose of
eliminating or reducing maladaptive behaviors, including such interventions as
application of noxious, painful and/or intrusive stimuli, including any form of
noxious, painful or intrusive spray, inhalant or taste or other sensory stimuli
such as climate control, lighting and sound.
(2)
"Behavior
Intervention Plan" means a comprehensive plan for managing problem behavior by
changing or removing contextual factors that trigger or maintain it, by
strengthening replacement skills, teaching new skills and by providing positive
behavior intervention and supports and services to address
behavior.
(3)
"Chemical restraint" means a drug or medication used to
control a student's behavior or restrict freedom of movement. Chemical
restraint is prohibited by school districts in accordance with paragraph D of
this rule. Chemical restraint, as used under this rule, does not apply to a
drug or medication that is:
(a)
Prescribed by a licensed physician, or other qualified
health professional acting under the scope of the professional's authority
under Ohio law, for the standard treatment of a student's medical or
psychiatric condition; and
(b)
Administered as
prescribed by the licensed physician or other qualified health professional
acting under the scope of the professional's authority under Ohio
law.
(4)
"De-escalation techniques" means interventions that are
used to prevent violent and aggressive behaviors and reduce the intensity of
threatening, violent and disruptive incidents.
(5)
"Functional
Behavior Assessment" is a school-based process for students with disabilities
and students without disabilities that includes the parent and, as appropriate,
the child, to determine why a child engages in challenging behaviors and how
the behavior relates to the child's environment. Consent from the parent and,
as appropriate, the child, is to be obtained at the initial Functional Behavior
Assessment.
(6)
"Mechanical restraint" means any method of restricting
a student's freedom of movement, physical activity, or normal use of the
student's body by using an appliance or device manufactured for this purpose;
but does not mean a device used by trained student personnel, or used by a
student, for the specific and approved therapeutic or safety purpose for which
the device was designed and, if applicable, prescribed, including:
(a)
Restraints for
medical immobilization;
(b)
Adaptive devices or mechanical supports used to allow
greater freedom of mobility than would be possible without the use of such
devices or mechanical supports; or
(c)
Vehicle safety
restraints when used as intended during the transport of a student in a moving
vehicle.
(7)
"Parent" means:
(a)
A biological or
adoptive parent;
(b)
A guardian generally authorized to act as the child's
parent, or authorized to make decisions for the child (but not the state if the
child is a ward of the state);
(c)
An individual
acting in the place of a biological or adoptive parent (including a
grandparent, stepparent or other relative) with whom the child lives, or an
individual who is legally responsible for the child's welfare;
(d)
A surrogate
parent who has been appointed in accordance with paragraph (E) of rule
3301-51-05
of the Administrative Code; or
(e)
Any person
identified in a judicial decree or order as the parent of a child or the person
with authority to make educational decisions on behalf of a
child.
(8)
"Physical escort" means the temporary touching or
holding of the hand, wrist, arm, shoulder, waist, hip, or back for the purpose
of inducing a student to move to a safe location.
(9)
"Physical
restraint" means the use of physical contact in a way that immobilizes or
reduces the ability of an individual to move the individual's arms, legs, body,
or head freely. Such term does not include a physical escort, mechanical
restraint, or chemical restraint. Physical restraint does not include brief
physical contact for the following or similar purposes:
(a)
To break up a
fight;
(b)
To knock a weapon away from a student's
possession;
(c)
To calm or comfort;
(d)
To assist a
student in completing a task/response if the student does not resist the
contact; or
(e)
To prevent imminent risk of injury to the student or
others.
(10)
"Positive behavior intervention and supports" has the
same meaning as in section
3319.46
of the Revised Code.
(11)
"Positive Behavior Intervention and Supports leadership
team" means the assigned team at the district and building level that plans,
coaches and monitors positive behavior intervention and supports implementation
in the district and building. Positive behavior intervention and supports
leadership teams may include, but are not limited to, school administrators,
teacher representatives across grade levels and programs, staff able to provide
behavioral expertise, and other representatives identified by the district or
school such as bus drivers, food service staff, custodial staff, and
paraprofessionals.
(12)
"Prone restraint" means physical or mechanical
restraint while the individual is in the face-down position.
(13)
"School
district" means a local, exempted village, city, joint vocational or
cooperative education school district as defined in Chapter 3311 of the Revised
Code; an educational service center that operates a school or educational
program; a community school as defined in Chapter 3314 of the Revised Code; a
science, technology, engineering, and mathematics school as defined in Chapter
3326 of the Revised Code; or a college-preparatory boarding school as defined
in Chapter 3328 of the Revised Code. For purposes of this rule, the term does
not include schools operated in facilities under the jurisdiction of the
department of rehabilitation and corrections or the department of youth
services.
(14)
"Seclusion" means the involuntary isolation of a
student in a room, enclosure, or space from which the student is prevented from
leaving by physical restraint or by a closed door or other physical
barrier.
(15)
"Student" means an individual enrolled in a school
district.
(16)
"Student personnel" means teacher, principal,
counselor, social worker, school resource officer, teacher's aide,
psychologist, bus driver, related services providers, nursing staff, or other
school district staff who interact directly with students.
(17)
"Timeout" means
a behavior intervention in which a student, for a limited and specified time,
is separated from the class within the classroom or in a nonlocked setting for
the purpose of self-regulating and controlling his or her own behavior. In a
timeout, the student is not physically restrained or prevented from leaving the
area by physical barriers
(B) Positive behavior intervention and supports framework. Each school district shall implement positive behavior intervention and supports on a system-wide basis in accordance with section 3319.46 of the Revised Code and this rule.
(1)
The requirements for a district's implementation of a
positive behavior intervention and supports framework are as follows:
(a)
Includes a
decision-making framework that guides selection, integration, and
implementation of evidence-based academic and behavior practices for improving
academic and behavior outcomes for all students.
(b)
Includes the
following integrated elements:
(i)
Data-based decision making (to select, monitor, and
evaluate outcomes, practices, and systems);
(ii)
Evidence-based
practices along a multi-tiered continuum of supports;
(iii)
Systems that
enable accurate and sustainable implementation of practices;
and
(iv)
Progress monitoring for fidelity and target
outcomes.
(2)
Standards for a
school district's implementation of positive behavior intervention and supports
framework include:
(a)
Student personnel to receive professional development
in accordance with paragraph (C) of this rule;
(b)
Explicit
instruction of school-wide behavior expectations;
(c)
Consistent
systems of acknowledging and correcting behaviors;
(d)
Teaching
environments designed to eliminate behavior triggers; and
(e)
Family and
community involvement.
(C) Professional development for the implementation of positive behavior intervention and supports. The following are requirements for professional development to be received by student personnel to implement positive behavior intervention and supports on a system-wide basis:
(1)
Occurs at least every three years;
(2)
Provided by a
building or district positive behavior intervention and supports leadership
team or an appropriate state, regional, or national source in collaboration
with the building or district positive behavior intervention and supports
leadership team;
(3)
The trained positive behavior intervention and supports
leadership team will provide professional development to the school or district
in accordance with a district developed positive behavior intervention and
supports training plan. It's the district's responsibility to retain records of
completion of the professional development; and
(4)
The professional
development under this rule will include the following topics:
(a)
An overview of
positive behavior intervention and supports;
(b)
The process for
teaching behavioral expectations;
(c)
Data
collection;
(d)
Implementation of positive behavior intervention and
supports with fidelity;
(e)
Consistent systems of feedback to students for
acknowledgment of appropriate behavior and corrections for behavior errors;
and
(f)
Consistency in discipline and discipline
referrals.
(5)
For the purpose of satisfying the professional
development requirements of this rule, the district may accept any professional
development or continuing education provided in accordance with section
3319.237(B) of the Revised Code, as long as the
professional development or continuing education meets the professional
development requirements of paragraph (C)(4) of this rule.
(6)
Districts and
schools are to ensure that they have continuous training structures in place to
provide ongoing coaching and implementation with fidelity.
(7)
The above
requirements may be appropriately modified for the intended
audience.
(D) General rules for restraint and seclusion.
(1)
The following
practices are prohibited by student personnel under any circumstance:
(a)
Prone
restraint;
(b)
Any form of physical restraint that involves the
intentional, knowing, or reckless use of any technique that:
(i)
Involves the use
of pinning down a student by placing knees to the torso, head, or neck of the
student;
(ii)
Uses pressure point, pain compliance, or joint
manipulation techniques; or
(iii)
Otherwise
involves techniques that are used to unnecessarily cause pain.
(c)
Corporal punishment as defined in section
3319.41
of the Revised Code;
(d)
Child endangerment, as defined in section
2919.22 of
the Revised Code;
(e)
Deprivation of basic needs;
(f)
Seclusion or
restraint of preschool children in violation of paragraph (D) of rule
3301-37-10
of the Administrative Code and this rule;
(g)
Chemical
restraint;
(h)
Mechanical restraint;
(i)
Aversive
behavioral interventions; and
(j)
Seclusion in a
locked room or area.
(2)
A school district
may only use physical restraint or seclusion if staff:
(a)
Are appropriately
trained to protect the care, welfare, dignity, and safety of the
student;
(b)
Continually observe the student in restraint and
seclusion for indications of physical or mental distress and seek immediate
medical assistance if there is a concern;
(c)
Use communication
strategies and research-based de-escalation techniques in an effort to help the
student regain control;
(d)
Remove the student from physical restraint or seclusion
immediately when the immediate risk of physical harm to self or others has
dissipated;
(e)
Conduct a de-briefing including all involved staff to
evaluate the trigger for the incident, staff response, and methods to address
the student's behavioral needs; and
(f)
Complete all
mandatory reports and document staff's observations of the
student.
(E) Physical restraint.
(1)
Prone restraint, including any physical restraint that
obstructs the airway of the student, or any physical restraint that impacts a
student's primary mode of communication, is prohibited. A statement to this
effect is to be included in the school district's policy. Student personnel may
use physical restraint only as a last resort and in accordance with local
policy and the requirements of this rule.
(2)
Physical
restraint may be used only:
(a)
If a student's behavior poses an immediate risk of
physical harm to the student or others and no other safe or effective method of
intervention is available;
(b)
If the physical
restraint does not obstruct the student's ability to breathe;
(c)
If the physical
restraint does not interfere with the student's ability to communicate in the
student's primary language or mode of communication; and
(d)
By student
personnel who are trained in safe restraint techniques, except in the case of
rare and unavoidable emergency situations when trained personnel are not
immediately available.
(3)
Physical
restraint may not be used for punishment or discipline or as a substitute for
other less restrictive means of assisting a student in regaining
control.
(F) Seclusion
(1)
Seclusion may be used only:
(a)
If a student's
behavior poses an immediate risk of physical harm to the student or others and
no other safe or effective method of intervention is available;
(b)
As a last resort
to provide an opportunity for the student to regain control of his or her
actions;
(c)
For the minimum amount of time necessary for the
purpose of protecting the student and others from physical
harm;
(d)
In a room or area that:
(i)
Is not
locked;
(ii)
Does not prevent the student from exiting the area
should staff become incapacitated or leave the area; and
(iii)
Provides
adequate space, lighting, ventilation, and the ability to observe the student;
and
(e)
If under constant supervision by staff who are trained
to be able to detect indications of physical or mental distress that require
removal and/or immediate medical assistance and who document their observations
of the student.
(2)
Seclusion may not
be used:
(a)
For
punishment or discipline;
(b)
For the convenience of staff;
(c)
As a substitute
for an educational program;
(d)
As a substitute
for inadequate staffing;
(e)
As a substitute for staff training in positive behavior
intervention and supports framework and crisis management;
(f)
As a means to
coerce, retaliate, or in a manner that endangers a student; or
(g)
As a substitute
for other less restrictive means of assisting a student in regaining control,
such that it is reflective of the cognitive, social and emotional level of the
student.
(G) Multiple incidents of restraint and seclusion.
(1)
After the third
incident of physical restraint or seclusion in a school year of a student who
has been found eligible for special education services or has a 504 plan, the
requirements are as follows:
(a)
The student's individualized education program or 504
team will meet within ten school days of the third incident;
(b)
The
individualized education program or 504 team will consider the need to conduct
or develop a functional behavior assessment or behavior intervention plan, or
amend an existing functional behavior assessment or behavior intervention
plan.
(2)
For students not described in paragraph (G)(1) of this
rule, a team, consisting of the parent, an administrator or designee, a teacher
of the student, a staff member involved in the incident (if not the teacher or
administrator already invited), and other appropriate staff members will meet
within ten school days of the third incident to discuss the need to conduct or
review a functional behavior assessment and/or develop a behavior intervention
plan.
(3)
Nothing in this section is meant to prevent the
completion of a functional behavior assessment or behavior intervention plan
for any student who might benefit from these measures, but has fewer than three
incidents of restraint or seclusion.
(4)
Nothing in this
rule is meant to prevent a school district from conducting any evaluations or
other obligations they feel appropriate under the Individuals with Disabilities
Education Act.
(H) Training and professional development for the use of crisis management and deescalation techniques which includes the use of restraint and seclusion.
(1)
A school district shall ensure that an appropriate
number of personnel in each building are trained annually in evidence-based
crisis management and deescalation techniques, as well as the safe use of
physical restraint and seclusion. The minimum training requirements are as
follows:
(a)
Proactive measures to prevent the use of seclusion or
restraint;
(b)
Crisis management;
(c)
Documentation and
communication about the restraint or seclusion with appropriate
parties;
(d)
The safe use of restraint and
seclusion;
(e)
Instruction and accommodation for age and body size
diversity;
(f)
Directions for monitoring signs of distress during and
following physical control;
(g)
Debriefing
practices and procedures;
(h)
Face-to-face training;
(i)
Allow for a
simulated experience of administering and receiving physical restraint;
and
(j)
Ensure that participants will demonstrate proficiency
in items described in paragraphs (H)(1)(a) through (i) of this
rule.
(2)
The school district shall maintain written or
electronic documentation that includes the following:
(a)
The name,
position, and building assignment of each person who has completed
training;
(b)
The name, position, and credentials of each person who
has provided the training;
(c)
When the training
was completed; and
(d)
What protocols, techniques, and materials were included
in training.
(3)
As part of the training under this rule, student
personnel are to be trained to perform the following functions:
(a)
Identify
conditions such as: where, under what conditions, with whom and why specific
inappropriate behavior may occur; and
(b)
Use preventative
assessments that include at least the following:
(i)
A review of
existing data;
(ii)
Input from parents, family members, and students;
and
(iii)
Examination of previous and existing behavior
intervention plans.
(I) Policies and procedures. A school district shall develop written policies and procedures for the implementation of positive behavior intervention and supports and the use of seclusion and restraint that are consistent with section 3319.46 of the Revised Code and this rule. A district's complaint procedures shall include:
(1)
A
written procedure for a parent to present written complaints to the
superintendent of the school district to initiate a complaint investigation by
the school district regarding an incident of restraint or seclusion.
Additionally, the procedure will inform the parent of additional options for
complaints to include other public agencies such as law enforcement, the county
department of job and family services, or the office of professional conduct
within the Ohio department of education, as defined in paragraph (L) of this
rule;
(2)
Annually, a school district will provide a review
regarding the content of this rule and any local policies or procedures related
to the use of positive behavior intervention and supports, physical restraint
and seclusion;
(3)
An annual notice which informs parents of the
district's policies or procedures related to the requirements of positive
behavior intervention and supports, physical restraint and seclusion, including
the local complaint process; and
(4)
Within thirty
days of the filing of a complaint regarding an incident of restraint and
seclusion, it's the district's responsibility to make reasonable efforts to
have an in-person follow up meeting with the parent.
(5)
Districts are to
ensure there is a support plan in place for substitute teachers if they need
assistance with positive behavior intervention and supports or crisis
management and de-escalation, which includes restraint and
seclusion.
(J) Monitoring. A school district shall establish a procedure to monitor the implementation of this rule and the district's policy on positive behavior intervention and supports and restraint and seclusion. Each school district shall make its records concerning positive behavior intervention and supports and restraint and seclusion available to staff from the Ohio department of education upon request.
(K) Reporting.
(1)
Any incident of
seclusion or restraint shall be immediately reported to building administration
and the parent and also be documented in a written report that is issued to the
parent immediately or within twenty-four hours. This written report is
thereafter maintained by the school district, including the county board of
developmental disabilities or the educational service center in the event the
district delegates this responsibility.
(2)
A school district
shall annually report information regarding its use of restraint and seclusion
to the Ohio department of education in the form and manner as prescribed by the
department. Failure to report may subject the school district to a corrective
action plan and/or a potential reduction in funding. A school district that
chooses to educate its student through a county board of developmental
disabilities or to an educational service center reports as follows:
(a)
Report all
information on the use of restraint and seclusion by the county board of
developmental disabilities or educational service center to the department;
or
(b)
Authorize the county board of developmental
disabilities or the educational service center to report information on the use
of restraint and seclusion directly.
(L) Complaint process. A parent may choose to file a complaint with the Ohio department of education, office of integrated student supports, in accordance with the complaint procedures available and as outlined below. The term "school district" as used in this section means those entities listed in paragraph (A)(13) of this rule.
(1)
The parent forwards a copy of the complaint to the
school district serving the child at the same time the party files the
complaint with the Ohio department of education.
(2)
A sufficient
complaint includes the following:
(a)
A statement that a school district has violated a
requirement of paragraphs (G) through (K) of this rule;
(b)
The facts on
which the statement is based; and
(c)
The signature and
contact information for the parent.
(3)
Timeline of the
complaint:
(a)
The complaint must allege a violation that occurred not more
than one year prior to the date that the complaint is received.
(b)
The Ohio
department of education, office of integrated student supports has a time limit
of ninety days after the complaint is filed to:
(i)
Provide the
school district with the opportunity to respond to the parent, including, at
the discretion of the school district, a proposal to resolve the
complaint;
(ii)
Give the parent the opportunity to submit additional
information, either orally or in writing, about the allegations of the
complaint;
(iii)
Review all relevant information and make an independent
determination as to whether the school district is violating a
requirement;
(iv)
Carry out an independent investigation, whether on-site
or off-site, if the Ohio department of education determines that an
investigation is needed;
(v)
Issue a written decision to the complainant that
addresses each allegation in the complaint and contains findings of fact and
conclusions and the reasons for the Ohio department of education's final
decision.
(4)
This rule does
not limit the ability of a parent of a student with a disability to file a
complaint under any other provision of law.
Replaces: 3301-35-15
Disclaimer: These regulations may not be the most recent version. Ohio may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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