Kentucky Administrative Regulations › Title 704 - EDUCATION AND WORKFORCE DEVELOPMENT CABINET - BOARD OF EDUCATION, DEPARTMENT OF EDUCATION - OFFICE OF LEARNING PROGRAMS DEVELOPMENT › Chapter 7 - Office of Learning Support Services › Section 704 KAR 7:160 - Use of physical restraint and seclusion in public schools

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				156.160(1)(h),
				158.444(1)
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				156.160(1)(h) and
				158.444(1)
				give the Kentucky Board of Education the authority to promulgate administrative
				regulations related to medical inspection, physical and health education and
				recreation, and other regulations necessary or advisable for the physical
				welfare and safety of the public school children. This administrative
				regulation establishes the requirements for the use of physical restraint and
				seclusion in districts and the notification and data reporting requirements for
				the use of physical restraint and seclusion in districts and does not prohibit
				the lawful exercise of law enforcement duties by sworn law enforcement
				officers.
Section 1. Definitions.
(1) "Aversive behavioral interventions" means
			 a physical or sensory intervention program intended to modify behavior that the
			 implementer knows would cause physical trauma, emotional trauma, or both, to a
			 student even when the substance or stimulus appears to be pleasant or neutral
			 to others and may include hitting, pinching, slapping, water spray, noxious
			 fumes, extreme physical exercise, loud auditory stimuli, withholding of meals,
			 or denial of reasonable access to toileting facilities.
(2) "Behavioral intervention" means the
			 implementation of strategies to address behavior that is dangerous or
			 inappropriate, or otherwise impedes the learning of the students.
(3) "Chemical restraint" means the use of
			 medication to control behavior or restrict a student's freedom of movement that
			 includes over-the-counter medications used for purposes not specified on the
			 label but does not include medication prescribed by a licensed medical
			 professional and supervised by qualified and trained individuals in accordance
			 with professional standards.
(4)
			 "Dangerous behavior" means behavior that presents an imminent danger of
			 physical harm to self or others but does not include inappropriate behaviors
			 such as disrespect, non-compliance, insubordination, or out of seat
			 behaviors.
(5) "De-escalation"
			 means the use of behavior management techniques intended to:
(a) Mitigate and defuse dangerous behavior of
			 a student; or
(b) Reduce the
			 imminent danger of physical harm to self or others.
(6) "Emancipated youth" means a student under
			 the age of eighteen (18) who is or has been married or has by court order or
			 otherwise been freed from the care, custody, and control of the student's
			 parents.
(7) "Emergency" means a
			 sudden, urgent occurrence, usually unexpected but sometimes anticipated, that
			 requires immediate action.
(8)
			 "Mechanical restraint" means the use of any device or equipment to restrict a
			 student's freedom of movement, but does not include:
(a) A device implemented by trained school
			 personnel or utilized by a student that has been prescribed by an appropriate
			 medical or related services professional that is used for the specific and
			 approved purposes for which the device was designed;
(b) An adaptive device or mechanical support
			 used to achieve proper body position, balance, or alignment to allow greater
			 freedom of mobility than would be possible without the use of the device or
			 mechanical support;
(c) A vehicle
			 safety restraint if used as intended during the transport of a student in a
			 moving vehicle;
(d) Restraint for
			 medical immobilization; or
(e) An
			 orthopedically prescribed device that permits a student to participate in
			 activities without risk of harm.
(9) "Parent" means a natural parent, a
			 guardian, or an individual acting as a parent in the absence of a parent or a
			 guardian of the student.
(10)
			 "Physical Restraint" means a personal restriction that immobilizes or reduces
			 the ability of a student to move the student's torso, arms, legs, or head
			 freely, but does not include:
(a) Temporary
			 touching or holding of the hand, wrist, arm, shoulder, or back for the purpose
			 of encouraging a student to move voluntarily to a safe location;
(b) A behavioral intervention, such as
			 proximity control or verbal soothing, used as a response to calm and comfort an
			 upset student;
(c) Less restrictive
			 physical contact or redirection to promote student safety; or
(d) Physical guidance or prompting when
			 teaching a skill or redirecting the student's attention.
(11) "Positive behavioral supports" means a
			 school-wide systematic approach to embed evidence-based practices and
			 data-driven decision-making to:
(a) Improve
			 school climate and culture in order to achieve improved academic and social
			 outcomes;
(b) Increase learning for
			 all students, including those with the most complex and intensive behavior
			 needs;
(c) Encompass a range of
			 systemic and individualized positive strategies to reinforce desired
			 behaviors;
(d) Diminish
			 reoccurrence of inappropriate or dangerous behaviors; and
(e) Teach appropriate behaviors to
			 students.
(12) "Prone
			 restraint" means the student is restrained in a face down position on the floor
			 or other surface, and physical pressure is applied to the student's body to
			 keep the student in the prone position.
(13) "School personnel" means teachers,
			 principals, administrators, counselors, social workers, psychologists,
			 paraprofessionals, nurses, librarians, school resource officers, sworn law
			 enforcement officers, and other support staff who are employed in a school or
			 who perform services in the school on a contractual basis.
(14) "School resource officer" is defined in
			 KRS
			 158.441(2).
(15) "Seclusion" means the involuntary
			 confinement of a student alone in a room or area from which the student is
			 prevented from leaving but does not mean classroom timeouts, supervised
			 in-school detentions, or out-of-school suspensions.
(16) "Student" means any person enrolled in a
			 preschool, school level as established in
			 703
			 KAR 5:240, Section 5, or other educational program
			 offered by a local public school district.
(17) "Supine restraint" means the student is
			 restrained in a face up position on the student's back on the floor or other
			 surface, and physical pressure is applied to the student's body to keep the
			 student in the supine position.
(18) "Timeout" means a behavior management
			 technique that is part of an approved program, involves the monitored
			 separation of the student in a non-locked setting, and is implemented for the
			 purpose of calming.