Oklahoma Administrative Code › Title 210 - State Department of Education › Chapter 15 - Curriculum and Instruction › Subchapter 13 - Special Education › Section 210:15-13-9 - Guidelines for minimizing seclusion and restraint of students

Current through Vol. 41, No. 20, July 1, 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.