502.14-R - Regulations Regarding Use of Physical Restraint and/or Seclusion of Students

The Linn-Mar Community School District will comply with 281 Iowa Administrative Code Chapter 103 for the use of physical restraint and seclusion of students including but not limited to:

1. Physical restraint and seclusion will be used only by employees who have been trained in accordance with applicable law unless a trained employee is not immediately available due to the unforeseeable nature of the occurrence.
2. As soon as practical after the situation is under control, but within one hour after either the occurrence or the end of the school day, whichever occurs first, the school will attempt to contact the student’s parents/guardians using the school’s emergency contact system.
3. The seclusion or physical restraint is used only for as long as necessary based on research and evidence to allow the student to regain control of their behavior to the point that the threat or behavior necessitating the use of the seclusion or physical restraint has ended, or when a medical condition occurs that puts the student at risk of harm. Unless otherwise provided for in the student’s written and approved Individualized Education Plan (IEP), Behavioral Intervention Plan (BIP), Individualized Healthcare Plan (IHP), or safety plan, if the seclusion or physical restraint continues for more than 15 minutes:
   1. The student will be provided with any necessary breaks to attend to personal and bodily needs, unless doing so would endanger the student or others.
   2. An employee will obtain approval from an administrator [or designee] to continue seclusion or physical restraint beyond 15 minutes. After the initial approval, an employee must obtain additional approval every 30 minutes thereafter for the continuation of the seclusion or physical restraint.
   3. The student’s parents/guardians and the school may agree to more frequent notifications than is required by law.
   4. Schools and district employees must document and explain in writing the reasons why it was not possible for employees to obtain approval, notify parents/guardians, or take action within prescribed time limits.
   5. Schools and district employees who begin and then end use of nonapproved restraints will document and explain in writing the reasons why they had no other option but to use this type of behavioral intervention.
4. The area of seclusion will be a designated seclusion room that complies with the seclusion room requirements in accordance with law, unless the nature of the occurrence makes the use of the designated seclusion room impossible, clearly impractical, or clearly contrary to the safety of the student, others, or both; in that event, the school must document and explain in writing the reasons why a designated seclusion room was not used.
5. An employee must continually visually monitor the student for the duration of the seclusion or physical restraint.
6. If an employee restrains a student who uses sign language or an augmentative mode of communication as the student’s primary mode of communication, the student will be permitted to have their hands free of physical restraint, unless doing so is not feasible in view of the threat posed.
7. Seclusion or physical restraint will not be used as punishment or discipline; to force compliance or to retaliate; as a substitute for appropriate educational or behavioral support; to prevent property damage except as provided by law; as a routine school safety measure; or as a convenience to staff.
8. The Executive Director of Student Services [or designee] will investigate any complaint or allegation that one or more employees violated any provisions of 281 Iowa Administrative Code Chapter 103. If the district determines a violation has occurred, corrective action will be taken up to and including termination of the employees involved. If the allegation or complaint involves a specific student, the district will notify the parents/guardians of the involved student about the results of the investigation. If any allegation or complaint is also defined as abuse in 281 Iowa Administrative Code 102.2, the procedures listed in Chapter 102 will apply.
9. The district must comply with and implement Chapter 103 whether or not a parent/guardian consents to the use of physical restraint or seclusion.

Adopted: 1/21
Revised: 10/23
Related Policy (Code#): 502.1; 502.1-R; 502.7; 502.14; 502.14-E1-E3
Legal Reference (Code of Iowa): §§ 279.8; 280.21; 281 IAC 103
IASB Reference: 503.06-R(1)