Current through Vol. 42, No. 1, September 16, 2024
(a)
Definitions. The following
terms, when used in this Section, shall have the following meanings unless the
context clearly indicates otherwise:
(1)
"Behavior Intervention Plan (BIP)" means a plan that is based on
the results of a functional behavioral assessment (FBA) and, at a minimum,
includes a description of the problem behavior, global and specific hypotheses
as to why the problem behavior occurs, and intervention strategies that include
positive behavioral supports and services to address the behavior.
(2)
"Chemical restraint" means a
drug or medication used on a student to control behavior or restrict freedom of
movement, when such substance is not administered as prescribed to the student
by a licensed physician or other qualified health professional acting under the
scope of their professional authority.
(3)
"Corporal punishment" means,
as defined in 70 O.S. § 13-116, the deliberate infliction of physical pain
by hitting, paddling, spanking, slapping, or any other physical force used as a
means of discipline.
(4)
"Functional Behavioral Assessment (FBA)" means a process that uses
direct and indirect data collection to determine why a student engages in
behaviors that impede learning, and how the student's behavior relates to the
environment. The FBA includes, but is not limited to: the identification of the
problem behavior, the definition of the behavior in concrete terms, the
identification of the contextual factors that contribute to the behavior, and
the formulation of a hypothesis regarding the general conditions under which a
behavior usually occurs and probably consequences that serve to maintain it.
(5)
"Mechanical
restraint" means the use of any device or equipment to restrict a
student's freedom of movement. This term does not include motor vehicle safety
restraints or devices utilized by a student, or appropriately trained school
personnel, which are used as prescribed by a medical or related services
professional for specific approved purposes such as: mechanical supports used
to achieve proper body position or allow greater freedom of mobility,
restraints for medical immobilization, or orthopedically prescribed devices.
(6)
"Physical escort"
means a temporary touching or holding of the hand, wrist, arm, shoulder, or
back for the purpose of directing a student to move to a safe location if they
are in distress or acting out.
(7)
"Physical restraint" means a personal restriction that immobilizes
or reduces the ability of a student to move their torso, arms, legs, or head
freely. Physical restraint does not include an appropriately applied temporary
physical escort.
(8)
"Prone
restraint" means a prohibited type of physical restraint that positions
a student face down on their stomach, potentially restricting the student's
ability to breathe freely.
(9)
"Seclusion" means the involuntary confinement of a student alone
in a room or area which the student is physically prevented from leaving.
Seclusion does not include short-term monitored separation in a monitored and
non-locked timeout setting.
(10)
"Seclusion room" means a room or other confined area in which a
student is involuntarily placed in isolation from other persons and which the
student is physically prevented from leaving.
(11)
"Timeout" means a technique
that is part of an approved behavior management program and involves the
monitored separation of the student in a non-locked setting for the purpose of
calming.
(b)
Student seclusion. Seclusion should never be used for the purposes
of discipline, punishment, forcing compliance, or as a convenience to staff.
Seclusion may only be used under emergency circumstances as outlined below.
(1)
Circumstances under which seclusion
of a student is authorized. A student may be placed in seclusion only
if:
(A) The student's actions pose an
imminent danger of serious physical harm to the student or other individuals,
and not merely a threat to property;
(B) Positive behavior intervention strategies
and less restrictive measures appropriate to the behavior exhibited by the
student are currently being implemented, but have not effectively de-escalated
the threat of danger or harm;
(C)
School personnel are present who have completed appropriate training that
addresses conflict de-escalation, the crisis cycle and associated
interventions, appropriate use of seclusion rooms, and possible effects of
seclusion; and
(D) The seclusion
only lasts as long as necessary to resolve the threat of danger or harm.
(2)
Conditions
required during an authorized use of seclusion. If a student is placed
in seclusion during an emergency situation that meets the criteria of (b)(1)
above, the following precautions must be exercised throughout the time the
student is in seclusion:
(A) The student must
be continuously monitored visually and aurally by an appropriately trained
school employee;
(B) The student
must be allowed to go to the restroom upon request;
(C) The student must be permitted to drink
water upon request; and
(D)
Immediate action must be taken if the student displays any signs of medical
distress.
(3)
Requirements for seclusion rooms. A room or area where a student
is placed in seclusion must meet the following criteria:
(A) Continuous visual and aural monitoring of
a secluded student is possible;
(B) There must be adequate space for the
student to sit or lie down;
(C)
There must be adequate lighting;
(D) The room must be equipped with heating,
cooling, and ventilation systems comparable to such systems in the rest of the
building where the seclusion room or area is located;
(E) The room or area used for seclusion must
be free of any objects that pose a potential risk of harm to a student with
disabilities or a student in distress; and
(F) If equipped with a door that locks, the
lock must automatically disengage in case of an emergency such as a fire or
severe weather.
(c)
Student restraint. Chemical
restraint and/or mechanical restraint of a student is prohibited in Oklahoma
public schools. Physical restraint of a student should never be used for the
purposes of discipline, punishment, forcing compliance, or as a convenience to
staff. In cases where a student has a history of dangerous behavior for which
physical restraint was used or considered, the school should have a plan in
place for teaching and supporting more appropriate behavior and determining
positive methods to prevent behavioral escalations that have previously
resulted in the use or consideration of restraint. Physical restraint may only
be used under emergency circumstances as outlined below.
(1)
Circumstances under which physical
restraint of a student is authorized. A student may be physically
restrained only if:
(A) The student's actions
pose an imminent danger of serious physical harm to the student or other
individuals, and not merely a threat to property;
(B) Positive behavior intervention strategies
and less restrictive measures appropriate to the behavior exhibited by the
student are currently being implemented, but have not effectively de-escalated
the threat of danger or harm;
(C)
The physical restraint is applied by school personnel who have completed
appropriate training that addresses conflict de-escalation, the crisis cycle
and associated interventions, CPR and First Aid (including certifications),
possible effects of physical restraint, and monitoring the wellbeing of a
restrained student; and
(D) The
physical restraint lasts only as long as necessary to resolve the threat of
danger or harm.
(2)
Conditions required during an authorized use of physical
restraint. If a student is placed in physical restraint during an
emergency situation that meets the criteria of (c)(1) above, the following
precautions must be exercised throughout the time the student is restrained:
(A) Under no circumstances may a student be
restrained using a prone (facedown) restraint, any restraint that prevents the
student from breathing or speaking, or any maneuver that places pressure or
weight on the chest, sternum, lungs, diaphragm, neck, throat, or back;
(B) The degree of restriction of
the student's freedom of movement may not exceed what is necessary to protect
the student or other individuals from the threat of serious physical harm; and
(C) The restraint of the student
is continuously witnessed by at least one school employee who is not involved
in the physical restraint.
(d)
Corporal punishment of students
with disabilities not authorized. For all students, the State Department
of Education strongly encourages Oklahoma schools to implement disciplinary
policies and practices that use evidence based, developmentally appropriate
methods informed by an awareness that many students have endured Adverse
Childhood Experiences (ACEs) and related trauma. As applied to students with
disabilities entitled to special education services under the
Individuals with Disabilities Education Act (IDEA), the use of
corporal punishment by employees or agents of an Oklahoma public school is
prohibited beginning in the 2020-2021 school year.
(e)
Incident reporting. Each
incident of seclusion, restraint, or corporal punishment of a student with
disabilities shall be reported immediately to a school site administrator and
documented using the statewide online IEP reporting system. A copy of the
documentation shall be placed in the student's file and provided to the
student's parent(s) or guardian(s). For each incident of seclusion, restraint,
or corporal punishment of a student, the student's parent(s) or guardian(s)
shall be notified as soon as possible, and must be notified no later than the
school day following the incident or within twenty-four (24) hours of the
incident, whichever is first. An IEP meeting may be needed to review or
implement a Behavior Intervention Plan (BIP) for the student.
(f)
End-of-year reporting. At
the end of each school year, and no later than June 30 th , each school
district or charter school shall report to the State Department of Education
(OSDE) Office of Special Education Services information regarding all incidents
of seclusion, restraint, or corporal punishment of a student with disabilities
within the district during the school year that just closed. The end-of-year
summary report shall include the total number of each type of incident, as well
as the number and type of incidents associated with each student to whom
seclusion, physical restraint, or corporal punishment was applied. This
information will be used to identify districts in need of additional support,
training, and guidance in the areas of conflict de-escalation, crisis
intervention, Functional Behavior Assessments, the possible effects of
seclusion and restraint, and effective behavior intervention planning.
