Connecticut Administrative Code › Title 10 - Education and Culture › 76 - Children Requiring Special Education › Section 10-76b - Administration and supervision › Use of Seclusion and Restraint in Public Schools › Section 10-76b-8 - Use of seclusion in public schools, requirements

Current through July 10, 2024
(a)
				  Except for an emergency intervention to prevent immediate or imminent injury to
				  the person or to others conforming to the requirements of subsection (b) of
				  section
				  46a-152
				  of the Connecticut General Statutes, seclusion may only be used if (1) this
				  action is specified in the IEP of the person at risk in accordance with the
				  provisions of subsection (b) of this section and (2) if other less restrictive,
				  positive behavior interventions appropriate to the behavior exhibited by the
				  person at risk have been implemented but were ineffective.
(b) If the PPT of a person at risk
				  determines, based upon the results of a functional behavioral assessment and
				  other information determined relevant by the PPT, that use of seclusion is an
				  appropriate behavior intervention, the PPT shall include the assessment data
				  and other relevant information in the IEP of the person at risk as the basis
				  upon which a decision was made to include the use of seclusion as a behavior
				  intervention. In such a case, the IEP shall specify (1) the location of
				  seclusion, which may be multiple locations within a school building, (2) the
				  maximum length of any period of seclusion, in accordance with subsection (d) of
				  this section, (3) the number of times during a single day that the person at
				  risk may be placed in seclusion, (4) the frequency of monitoring required for
				  the person at risk while in seclusion, and (5) any other relevant matter agreed
				  to by the PPT taking into consideration the age, disability and behaviors of
				  the child that might subject the child to the use of seclusion.
(c) In the event the parent disagrees with
				  the use of seclusion in the IEP of the person at risk, the parent shall have a
				  right to the hearing and appeal process provided for in section
				  10-76h
				  of the Connecticut General Statutes.
(d) Any period of seclusion (1) shall be
				  limited to that time necessary to allow the person at risk to compose him or
				  herself and return to the educational environment and (2) shall not exceed one
				  hour. The use of seclusion may be continued with written authorization of the
				  building principal or designee to prevent immediate or imminent injury to the
				  person at risk or to others. In the case where transportation of the person at
				  risk is necessary, the written authorization to continue the use of seclusion
				  is not required if immediate or imminent injury to the person at risk or to
				  others is a concern.
(e) The PPT
				  shall, at least annually, review the continued use of seclusion as a behavior
				  intervention for the person at risk. When the use of seclusion as an emergency
				  intervention to prevent immediate or imminent injury to the person at risk or
				  to others is repeated more than two times in any marking period, the PPT (1)
				  shall convene to review the IEP of the person at risk, provided the PPT may
				  agree to waive this meeting, (2) may consider additional evaluations or
				  assessments to address the child's behaviors, and (3) may revise the child's
				  IEP, as appropriate.
(f) The PPT
				  shall inquire as to whether there are any known medical or psychological
				  conditions that would be directly and adversely impacted by the use of
				  seclusion as a behavior intervention. A person at risk shall not be placed in
				  seclusion if such person is known to have any medical or psychological
				  condition that a licensed health care provider has indicated will be directly
				  and adversely impacted by the use of seclusion. For purposes of this
				  subsection, a "licensed health care provider" means
(1) a legally qualified practitioner of
				  medicine,
(2) an advanced practice
				  registered nurse,
(3) a registered
				  nurse licensed pursuant to chapter 378 of the Connecticut General Statutes,
				  or
(4)  a physician assistant
				  licensed pursuant to chapter 370 of the Connecticut General Statutes. Such
				  licensed health care provider may be the person at risk's licensed health care
				  provider or a licensed health care provider utilized by the public schools to
				  provide an evaluation of the person at risk for purposes of determining the
				  appropriate use of seclusion as a behavior intervention in the person at risk's
				  IEP. As part of the assessments described in subsection (b) of this section,
				  the PPT may request a medical or psychological evaluation of the child for
				  purposes of determining whether there is a medical or psychological condition
				  that will be directly and adversely impacted by the use of seclusion as a
				  behavior intervention. The parent may provide that information to the PPT. Any
				  written statement provided by a licensed health care provider shall be included
				  in the educational record of the person at risk.