Indiana School Discipline Laws & Regulations: Restraint and Seclusion

Indiana School Discipline Laws & Regulations: Restraint and Seclusion

Category: Conditions on Use of Certain Forms of Discipline
Subcategory: Restraint and Seclusion
State: Indiana

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Indiana

LAWS

IC 20-20-40-1. "Behavioral intervention plan".

As used in this chapter, "behavioral intervention plan" means a plan that is agreed upon by the case conference committee (as defined in IC 20-35-9-3) and incorporated into a student's individualized education program (as defined in IC 20-18-2-9) and that describes the following:

(1) The pattern of behavior that impedes the student's learning or the learning of others.

(2) The purpose or function of the behavior as identified in a functional behavioral assessment.

(3) The positive interventions and supports, and other strategies, to:

(A) address the behavior; and

(B) maximize consistency of implementation across people and settings in which the student is involved.

(4) If applicable, the skills that will be taught and monitored in an effort to change a specific pattern of behavior of the student.

The behavioral intervention plan seeks to maximize consistency of implementation across people and settings in which the student is involved.

IC 20-20-40-2. "Chemical restraint".

As used in this chapter, "chemical restraint" means the administration of a drug or medication to manage a student's behavior or restrict a student's freedom of movement that is not a standard treatment and dosage for the student's medical or psychiatric condition.

IC 20-20-40-3. "Commission".

As used in this chapter, "commission" refers to the commission on seclusion and restraint in schools established by section 11 [IC 20-20-40-11] of this chapter.

IC 20-20-40-4. "Mechanical restraint".

(a) As used in this chapter, "mechanical restraint" means the use of:

(1) a mechanical device;

(2) a material; or

(3) equipment;

attached or adjacent to a student's body that the student cannot remove and that restricts the freedom of movement of all or part of the student's body or restricts normal access to the student's body.

(b) The term does not include:

(1) mechanical devices;

(2) a material; or

(3) equipment;

used as prescribed by a doctor.

IC 20-20-40-5. "Physical restraint".

(a) As used in this chapter, "physical restraint" means physical contact between a school employee and a student:

(1) in which the student unwillingly participates; and

(2) that involves the use of a manual hold to restrict freedom of movement of all or part of a student's body or to restrict normal access to the student's body.

(b) The term does not include:

(1) briefly holding a student without undue force in order to calm or comfort the student, or to prevent unsafe behavior, such as running into traffic or engaging in a physical altercation;

(2) physical escort; or

(3) physical contact intended to gently assist or prompt a student in performing a task or to guide or assist a student from one (1) area to another.

IC 20-20-40-6. "Positive behavior intervention and support".

As used in this chapter, "positive behavior intervention and support" means a systematic approach that:

(1) uses evidence based practices and data driven decision making to improve school climate and culture; and

(2) includes a range of systematic and individualized strategies to reinforce desired behavior and diminish reoccurrence of problem behavior;

to achieve improved academic and social outcomes and increase learning for all students.

IC 20-20-40-7. "School corporation".

As used in this chapter, "school corporation" includes a charter school that is not a virtual charter school.

IC 20-20-40-8. "School employee".

As used in this chapter, "school employee" means an individual employed by a school corporation or a state accredited nonpublic school.

IC 20-20-40-9. "Seclusion".

As used in this chapter, "seclusion" means the confinement of a student alone in a room or area from which the student physically is prevented from leaving. The term does not include a supervised time-out or scheduled break, as described in a student's individualized education program, in which an adult is continuously present in the room with the student.

IC 20-20-40-10. "Time-out".

As used in this chapter, "time-out" means a behavior reduction procedure in which access to reinforcement is withdrawn for a certain period of time. Time-out occurs when the ability of a student to receive normal reinforcement in the school environment is restricted.

IC 20-20-40-11. Establishment of the commission on seclusion and restraint.

(a) The commission on seclusion and restraint in schools is established.

(b) The commission has the following ten (10) members:

(1) The designee of the secretary of education, who serves at the pleasure of the secretary of education.

(2) A representative of the Autism Society of Indiana, chosen by the organization, who serves a two (2) year term.

(3) A representative of the Arc of Indiana, chosen by the organization, who serves a two (2) year term.

(4) A representative of the Indiana Council of Administrators of Special Education, chosen by the organization, who serves a two (2) year term.

(5) A representative of Mental Health America of Indiana, chosen by the organization, who serves a (1) (2) year term.

(6) A parent of a student with a disability, nominated by a member described in subdivisions (2), (3), and (5) and approved by a majority of the members described in subdivisions (1) through (5) and (8) through (10), who serves a two (2) year term.

(7) A parent of a student who does not have a disability, nominated by a member described in subdivisions (2), (3), and (5) and approved by a majority of the members described in subdivisions (1) through (5) and (8) through (10), who serves a two (2) year term.

(8) One (1) state accredited nonpublic school administrator nominated by the Indiana Non-public Education Association, who serves a two (2) year term.

(9) One (1) public school superintendent nominated by the Indiana Association of Public School Superintendents, who serves a two (2) year term.

(10) One (1) member of the Indiana School Resource Officers Association chosen by the organization, who serves a two (2) year term.

(c) Each member of the commission who is not a state employee is entitled to the minimum salary per diem provided by IC 4-10-11-2.1(b). A member who is not a state employee is also entitled to reimbursement for traveling expenses and other expenses actually incurred in connection with the member's duties, as provided in the state travel policies and procedures established by the Indiana department of administration and approved by the budget agency.

IC 20-20-40-12. Chairperson; meetings; votes and actions of the commission.

(a) The designee of the secretary of education under section 11(b)(1) [IC 20-20-40-11(b)(1)] of this chapter serves as chairperson of the commission.

(b) The commission shall meet at least annually on the call of the chairperson, and may meet as often as is necessary. The chairperson shall provide not less than fourteen (14) days notice of a meeting to the members of the commission and to the public.

(c) The affirmative votes of at least five (5) members of the commission are necessary for the commission to take action. The votes of the commission must be recorded.

(d) All commission meetings shall be open to the public, and each meeting must include opportunities for public comment.

(e) The department shall provide staff support for the commission.

IC 20-20-40-13. Duties; rules; notice requirement; elements of the restraint and seclusion plan; biannual reporting.

(a) The commission has the following duties:

(1) To adopt rules concerning the following:

(A) The use of restraint and seclusion in a school corporation or a state accredited nonpublic school, with an emphasis on eliminating or minimizing the use of restraint and seclusion.

(B) The prevention of the use of types of restraint or seclusion that may harm a student, a school employee, a school volunteer, or the educational environment of the school.

(D) Training regarding the use of restraint and seclusion, including the frequency of training and what employees must be trained.

(E) The distribution of the seclusion and restraint policy to parents and the public.

(F) Requirements for the reporting of incidents of restraint and seclusion in the annual school performance report, including incidents of restraint and seclusion involving school resource officers (as defined in IC 20-26-18.2-1).

(G) Circumstances that may require more timely incident reporting and the requirements for such reporting.

(2) To develop, maintain, and revise a model restraint and seclusion plan for schools that includes the following elements:

(A) A statement on how students will be treated with dignity and respect and how appropriate student behavior will be promoted and taught.

(B) A statement ensuring that the school will use prevention, positive behavior intervention and support, and conflict de-escalation to eliminate or minimize the need for use of any of the following:

(i) Seclusion.

(ii) Chemical restraint.

(iii) Mechanical restraint.

(iv) Physical restraint.

(v) timeout

(C) A statement ensuring that any behavioral intervention used will be consistent with the student's most current behavioral intervention plan, or individualized education program, if applicable.

(D) Definitions for restraint and seclusion, as defined in this chapter.

(E) A statement ensuring that if a procedure listed in clause (B) is used, the procedure will be used:

(i) as a last resort safety procedure, employed only after another, less restrictive procedure has been implemented without success; and

(ii) in a situation in which there is an imminent risk of injury to the student, other students, school employees, or visitors to the school.

(F) An indication that restraint or seclusion may be used only for a short time period, or until the imminent risk of injury has passed.

(G) A documentation and recording requirement governing instances in which procedures listed in clause (B) are used, including:

(i) how every incident will be documented and debriefed;

(ii) how responsibilities will be assigned to designated employees for evaluation and oversight; and

(iii) designation of a school employee to be the keeper of such documents.

(H) 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 clause (B).

(I) 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 clause (B).

(J) 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.

(3) To accept and review reports from the public and make nonbinding recommendations to the department of any suggested action to be taken.

(4) To biannually provide a report to the state advisory council on the education of children with disabilities appointed under IC 20-35-3-1 regarding the:

(A) execution of the commission's duties under this section; and

(B) review of incident reports under section 13.6 [IC 20-20-40-13.6] of this chapter.

(b) The model policy developed by the commission must take into consideration that implementation and reporting requirements for state accredited nonpublic schools may vary, and the model plan must provide state accredited nonpublic schools flexibility with regards to accountability under and implementation of the plan adopted by a state accredited nonpublic school under section 14 [IC 20-20-40-14] of this chapter.

IC 20-20-40-14. Adoption of restraint and seclusion plan; submission of plans.

(a) A school corporation or state accredited nonpublic school shall adopt a restraint and seclusion plan that incorporates, at a minimum, the elements of the model plan developed under section 13 [IC 20-20-40-13] of this chapter. The school corporation's or state accredited nonpublic school's plan must become effective not later than July 1, 2014.

(b) The department has the authority to require schools to submit plans developed in accordance with section 13 of this chapter.

IC 20-20-40-15. Immunity.

(a) Nothing in this chapter may be construed to prevent a school employee from stopping a physical altercation, acting to prevent physical harm to a student or another individual, or acting to address an emergency until the emergency is over, whether or not the school employee has received training under this chapter.

(b) This chapter may not be construed to give rise to a cause of action, either civil or criminal, against the state, the department, a school corporation, a state accredited nonpublic school, the commission, or a member of the commission.

(c) In all matters relating to the plan adopted under section 14 [IC 20-20-40-14] of this chapter, school corporation or state accredited nonpublic school personnel have qualified immunity with respect to an action taken to promote student conduct under a plan adopted under section 14 of this chapter if the action is taken in good faith and is reasonable.

IC 20-20-40-16. Rulemaking.

(a) The commission:

(1) shall adopt rules under IC 4-22-2; and

(2) may adopt emergency rules in the manner provided under IC 4-22-2-37.1;

to carry out the purposes of this chapter.

(b) An emergency rule adopted under subsection (a)(2) expires on the earlier of:

(1) November 15, 2018; or

(2) the effective date of a rule adopted under IC 4-22-2-22.5 through IC 4-22-2-36 that supersedes the emergency rule.

IC 20-26-18.2-4. Reporting use of restraints and seclusion.

A school corporation, a state accredited nonpublic school, or a charter school shall report all instances of:

(1) seclusion (as defined in IC 20-20-40-9);

(2) chemical restraint (as defined in IC 20-20-40-2);

(3) mechanical restraint (as defined in IC 20-20-40-4); and

(4) physical restraint (as defined in IC 20-20-40-5);

involving a school resource officer in accordance with the restraint and seclusion plan adopted by the school corporation, state accredited nonpublic school, or charter school under IC 20-20-40-14.

REGULATIONS

513 IAC 1-0.5-1 Preamble.

(a) The purpose of this article is to:

(1) prevent and reduce the use of restraint and seclusion in schools;

(2) ensure the safety and dignity of all students and personnel in schools;

(3) promote a positive school culture and climate;

(4) protect students from:

(A) physical or mental abuse;

(B) aversive behavioral interventions that compromise health and safety; and

(5) ensure that restraint and seclusion are imposed in school only when a student's behavior poses an imminent danger of physical injury to the student, school personnel, or others; and

(6) assist public, charter, and accredited nonpublic schools in:

(A) establishing policies and procedures to keep all students and school personnel safe, including students with the most complex and intensive behavioral needs;

(B) providing school personnel with the necessary tools, training, and support to ensure the safety of all students and all school personnel; and

(C) collecting and analyzing data on restraint and seclusion in schools, including data on the use of restraint and seclusion by school resource officers.

(b) The following beliefs and principles have guided the commission's work in drafting this article:

(1) Safe, effective, evidence-based strategies are available to support children who display challenging behaviors in school settings.

(2) The effective implementation of school-wide positive behavior supports is linked to greater academic achievement, significantly fewer disciplinary problems, increased instruction time, and staff perception of a safer teaching environment.

(3) The use of restraint or seclusion should be seen as an extraordinary event and should never be used as a:

(A) routine strategy implemented to address instructional problems or inappropriate behavior (e.g., disrespect, noncompliance, insubordination, out of seat);

(B) means of coercion or retaliation; or

(4) School personnel have the right to work in a safe environment and should be provided training and support to prevent injury and trauma to themselves and others.

(5) Staff training focused on the dangers of restraint and seclusion as well as training in evidence-based positive behavior supports, deescalation techniques, and restraint and seclusion prevention can reduce the incidence of injury, trauma, and death.

(6) School resource officers, as well as other law enforcement officers who provide services to schools, are important partners in the implementation of school safety.

(7) Schools should never request or encourage a school resource officer, or any other law enforcement officer who provides services to schools, to initiate the restraint or seclusion of a student.

(8) The collection of complete and accurate data related to the use of restraint or seclusion of a student is important to the state of Indiana in order to determine the areas where training and education may be needed.

513 IAC 1-1-2. "Behavioral intervention plan" defined.

(a) "Behavioral intervention plan" means a plan that is agreed upon by the case conference committee (as defined in IC 20-35-7-2 [IC 20-35-7 was repealed by P.L.233-2015, SECTION 286, effective July 1, 2015.]) and incorporated into a student's IEP (as defined in IC 20-18-2-9) and that describes the following:

(1) The pattern of behavior that impedes the student's learning or the learning of others.

(2) The purpose or function of the behavior as identified in a functional behavioral assessment.

(3) The positive interventions and supports, and other strategies, to:

(A) address the behavior; and

(B) maximize consistency of implementation across people and settings in which the student is involved.

(4) If applicable, the skills that will be taught and monitored in an effort to change a specific pattern of behavior of the student.

(b) The behavioral intervention plan seeks to maximize consistency of implementation across people and settings in which the student is involved.

513 IAC 1-1-3. "Chemical restraint" defined.

Sec. 3. "Chemical restraint" means the administration of a drug or medication to manage a student's behavior or restrict a student's freedom of movement that is not a standard treatment or dosage, or both, for the student's medical or psychiatric condition.

513 IAC 1-1-5. "Crisis intervention training" defined.

Sec. 5. "Crisis intervention training" refers to training provided to selected staff members that addresses how to deal with aggressive, violent, or out of control behaviors. The term includes specific techniques for seclusion and restraint.

513 IAC 1-1-10. "Mechanical restraint" defined.

(a) "Mechanical restraint" means the use of:

(1) a mechanical device;

(2) a material; or

(3) equipment;

(b) The term does not include:

(1) a mechanical device;

(2) a material; or

(3) equipment;

that is used as authorized by a licensed physician or other qualified health care professional.

(c) The term does not include a bus harness or other safety equipment that is used to restrain a student during transport when the harness or safety equipment is necessary for safety purposes as provided under 575 IAC 1.

513 IAC 1-1-12. "Physical restraint" defined.

(a) "Physical restraint" means physical contact between a school employee, including a school resource officer (as defined in section 18.5 of this rule), and a student:

(1) in which the student unwillingly participates; and

(2) that involves the use of a manual hold to restrict freedom of movement of all or part of a student's body or to restrict normal access to the student's body.

(b) The term does not include:

(1) briefly holding a student without undue force in order to calm or comfort the student, or to prevent unsafe behavior, such as running into traffic or engaging in a physical altercation;

(2) physical escort; or

(3) physical contact intended to gently assist or prompt a student in performing a task or to guide or assist a student from one (1) area to another.

(c) The term does not include the use of a bus harness or other safety equipment that is used to restrain a student during transport when the harness or safety equipment is necessary for safety purposes as provided under 575 IAC 1.

513 IAC 1-1-13. "Positive behavior intervention and support" defined.

Sec. 13. "Positive behavior intervention and support" means a systematic approach that:

(1) uses evidence based practices and data driven decision making to improve school climate and culture; and

(2) includes a range of systematic and individualized strategies to reinforce desired behavior and diminish reoccurrence of problem behavior;

to achieve improved academic and social outcomes and increase learning for all students.

513 IAC 1-1-14. "Prevention and conflict de-escalation training" defined.

Sec. 14. "Prevention and conflict deescalation training" means training that is provided broadly to school staff on how to prevent, defuse, and deescalate potential behavioral crisis situations without physical contact between a school employee and a student.

513 IAC 1-1-15. "Prone physical restraint" defined.

Sec. 15. "Prone physical restraint" refers to when a person is being held face down on a horizontal surface such as the floor.

513 IAC 1-1-16. "Restraint" defined.

Sec. 16. "Restraint" encompasses chemical restraint, physical restraint, and mechanical restraint.

513 IAC 1-1-19. "Seclusion" defined.

Sec. 19. "Seclusion" means the confinement of a student alone in a room or area from which the student physically is prevented from leaving. The term does not include a supervised time-out or scheduled break, as described in a student's IEP and during which an adult is continuously present in the room with the student.

513 IAC 1-1-21. "Substantial risk" defined.

Sec. 21. "Substantial risk" means a situation where there is:

(1) serious, imminent threat of bodily harm; and

(2) the immediate ability to enact such harm.

513 IAC 1-1-22. "Supine physical restraint" defined.

Sec. 22. "Supine physical restraint" refers to a person being held face up on a horizontal surface such as the floor.

513 IAC 1-1-23. "Time-out" defined.

Sec. 23. "Time-out" means a behavior reduction procedure in which access to reinforcement is withdrawn for a certain period of time. Time-out occurs when the ability of a student to receive normal reinforcement in the school environment is restricted.

513 IAC 1-2-1. Scope.

(a) This article applies to the following:

(1) All public school corporations, charter schools, or accredited nonpublic schools.

(2) All public school corporations, charter schools, or accredited nonpublic schools students regardless of whether student has been identified as eligible for special education services.

(3) All programs and services subject to the supervision of the state educational agency, including before and after school extracurricular activities programs conducted by or through the following:

(A) Public school corporations.

(B) Charter schools.

(D) State agencies.

(E) Other public agencies.

513 IAC 1-2-2. Commission's principles.

(a) Every effort should be made to prevent the need for the use of restraint and for the use of seclusion.

(b) Any behavioral intervention must be consistent with the student's rights to be treated with dignity and to be free from abuse.

(c) Policies restricting the use of restraint and seclusion should apply to all children, not just children with disabilities.

(d) Physical restraint or seclusion should not be used except in situations where the student's behavior poses imminent risk of injury to self or others and other interventions are ineffective and should be discontinued as soon as imminent risk of injury to self or others has dissipated. (Commission on Seclusion and Restraint in Schools; 513 IAC 1-2-2; filed Aug 5, 2014, 1:32 p.m.:20140903-IR-513130408FRA; readopted filed Nov 30, 2020, 12:07 p.m.: 20201230-IR-513200367RFA).

513 IAC 1-2-3. Use of behavior intervention and support.

Sec. 3. A school shall use prevention, positive behavior intervention and support, and conflict deescalation strategies to eliminate or minimize the need for the use of any of the following:

(1) Seclusion.

(2) Chemical restraint.

(3) Mechanical restraint.

(4) Physical restraint.(Commission on Seclusion and Restraint in Schools; 513 IAC 1-2-3; filed Aug 5, 2014, 1:32 p.m.: 20140903-IR-513130408FRA; readopted filed Nov 30, 2020, 12:07 p.m.: 20201230-IR-513200367RFA).

513 IAC 1-2-4. Prevention.

(a) Every effort shall be made to prevent the need for the use of restraint or for the use of seclusion on a student.

(b) Seclusion or physical restraint shall not be used except when used as a last resort in situations where:

(1) the student's behavior poses imminent risk of injury to self or others; and

(2) other less restrictive interventions are ineffective.

(1) may only be used for a short period of time; and

(2) shall be discontinued as soon as the imminent risk of injury to self or others has dissipated.(Commission on Seclusion and Restraint in Schools; 513 IAC 1-2-4; filed Aug 5, 2014, 1:32 p.m.: 20140903-IR-513130408FRA; readopted filed Nov 30, 2020, 12:07 p.m.: 20201230-IR-513200367RFA)

513 IAC 1-2-5. Mechanical and chemical restraints prohibited.

(a) Except as provided in subsection (d), the use of mechanical restraints to restrict a student's freedom of movement is prohibited.

(b) The use of any drug, medication, or other chemical to control behavior or restrict freedom of movement (except as authorized by a licensed physician or other qualified health care professional) is prohibited.

(c) Schools shall never give a student any drug or medication that is not a standard treatment or dosage, or both, for the student's medical or psychiatric condition unless otherwise prescribed by a physician.

(d) While transporting a student on a moving vehicle, a bus harness or other safety equipment may be required and is permissible for safety purposes. However, the use of any bus harness or safety equipment, as described in 513 IAC 1-1-10, that is used to restrain a student during transportation must be documented. (Commission on Seclusion and Restraint in Schools; 513 IAC1-2-5; filed Aug 5, 2014, 1:32 p.m.: 20140903-IR-513130408FRA; filed Dec 21, 2018, 3:05 p.m.: 20190116-IR-513180063FRA).

513 IAC 1-2-6. Training.

(a) Staff shall be trained according to the school's adopted plan on the appropriate use of effective alternatives to physical seclusion and restraint, such as positive behavioral interventions and supports, and, only for cases involving imminent risk of injury, on the safe use of physical seclusion and restraint.

(b) Each school shall identify appropriate school staff to be trained on the safe use of effective alternatives to physical seclusion and restraint. Recurrent training of staff should be done in accordance with the school's plan.

(1) Positive supports and behavioral interventions techniques.

(2) Conflict deescalation techniques.

(3) The safe use of seclusion and restraint.

(4) Steps to avoid the use of seclusion or restraint.

(5) Debriefing practices and procedures.

(d) Training programs shall differentiate for levels of school personnel and training needs.

(e) Each school must maintain documentation that includes the following information:

(1) The name and position of each person who has completed training.

(2) Who provided the training.

(3) When the training was completed.

(4) What protocols and techniques were included in the training.

(f) Training may be provided by any person who is trained in the current best practices of the protocols listed in subsection (c).

513 IAC 1-2-7. Monitoring and reporting.

(a) Every incident in which seclusion or restraint is used shall be carefully and continuously visually monitored to ensure the safety of the following:

(1) The student.

(2) Other students.

(3) Teachers.

(4) Staff.

(b) Immediately after the student has restored emotional and behavioral control following the use of restraint or seclusion, or both, a staff member not involved with the incident shall examine the student to ascertain if any injury has been sustained during the seclusion or restraint.

(c) The building administrator or designee shall attempt to report every incident, including every incident involving a school resource officer (as defined in 513 IAC 1-1-18.5), in which seclusion or restraint is used on a student to the student's parent or guardian:

(1) no later than the end of the school day or as soon as practical;

(2) verbally; and

(3) in accordance with the seclusion and restraint plan adopted by a school.

(d) In addition to the verbal notice described in subsection (c), written notification, as described in the school's adopted plan, must also be sent to the student's parent or guardian after every incident in which seclusion or restraint is used on a student. Such notice shall be provided as soon as practical.

(e) Public school corporations and charter schools shall report the number of incidents, including the number of incidents involving a school resource officer (as defined in 513 IAC 1-1-18.5), in which either seclusion or restraint is used in its annual performance report.

(f) A school resource officer is involved in an incident of restraint or seclusion of a student when the school resource officer:

(1) directs the restraint or seclusion of a student;

(2) assists with the restraint or seclusion of a student; or

(3) initiates the seclusion or restraint of a student.

(g) Each accredited nonpublic school shall report, in writing, the number of incidents in which either seclusion or restraint is used in its school to its governing authority.

(h) Each school must conduct an annual review of its plan for the purposes of improvement and revision.

513 IAC 1-2-8. Distribution of school seclusion and restraint policy or plan to parents and the public.

(a) Each school shall make available a copy of the school's seclusion and restraint plan to the student's parents or guardians, or to the student if the student is at least eighteen (18) years of age and the provisions of 511 IAC 7-43-5(b) do not apply.

(b) Including the location of the plan in the student handbook satisfies subsection (a).

513 IAC 1-2-9. Incident documentation.

(a) Every incident in which seclusion or restraint is used on a student shall be documented in order to memorialize the events that led up to the use of either seclusion or restraint.

(b) Documentation may include the following:

(1) The student's name.

(2) The date and time of the incident.

(3) The duration of any seclusion or restraint or the beginning and ending times of the restraint or seclusion, or both.

(4) A description of any relevant events leading up to the incident.

(5) A description of the incident or student behavior that resulted in implementation of seclusion or restraint including a description of the danger of injury which resulted in the seclusion or restraint.

(6) A description of relevant interventions used immediately prior to the implementation of seclusion or restraint.

(7) A summary of the student's behavior during seclusion or restraint, including a description of the restraint technique or techniques used and any other interaction between the student and staff.

(8) A description of any injuries to students, staff, or others or property damage.

(9) A list of the school personnel who participated in the implementation, monitoring, and supervision of seclusion or restraint. (10) If applicable, a statement that the intervention used was consistent with the student's most current behavioral intervention plan or IEP.

(c) The department shall, annually, review incident reports from not less than three percent (3%) of public schools, which schools shall be chosen at random by the department.

(d) Upon request, each school selected for review under subsection (c) shall provide the department, in a manner prescribed by the department, with a copy of any incident report involving the use of seclusion or restraint of a student.

(e) Upon request by the department, each school shall provide a copy of the school's seclusion and restraint plan under section 11 of this rule.

(f) The department shall provide the commission with a summary report of the department's annual review. The summary report shall be in a manner and form prescribed by the commission.

513 IAC 1-2-10. Debriefing session.

(a) As soon as practical, and consistent with the school's plan, after every instance in which seclusion or restraint is used on a student, the school administrator or designee shall do the following:

(1) Meet with at least one (1) school personnel who participated in the implementation, monitoring, and supervision of seclusion or restraint to discuss whether proper restraint or seclusion procedures were followed, including the use of proper procedures to prevent the need for restraint or seclusion.

(2) Direct a proper staff person, including the administrator himself or herself, to debrief the incident with the student in a manner appropriate to the student's age and developmental ability, to discuss the behavior or behaviors, if any, that precipitated the use of restraint or seclusion.

(3) In accordance with the school's plan, provide a copy of an incident report and offer the parent or parents or guardian or guardians the opportunity to request a meeting regarding the incident of restraint or seclusion.

513 IAC 1-2-11. Seclusion and restraint plan.

(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.

(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

(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.

(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.