Ohio Administrative Code › Title 3301 - Department of Education - Administration and Director › Chapter 3301-35 - Standards for Kindergarten through Twelfth Grade › Section 3301-35-15 - Standards for the implementation of positive behavior intervention supports and the use of restraint and seclusion

Current through all regulations passed and filed through July 1, 2024
(A)
								Notwithstanding
			 rule
			 3301-35-01
			 of the Administrative Code, the following definitions apply for purposes of
			 this rule:
(1)
									"Aversive behavioral interventions" means an intervention
			 that is intended to induce pain or discomfort to a student for the purpose of
			 eliminating or reducing maladaptive behaviors, including such interventions as
			 application of noxious, painful and/or intrusive stimuli, including any form of
			 noxious, painful or intrusive spray, inhalant or taste or other sensory stimuli
			 such as climate control, lighting and sound.
(2)
									"Behavior
			 Intervention Plan" means a comprehensive plan for managing problem behavior by
			 changing or removing contextual factors that trigger or maintain it, by
			 strengthening replacement skills, teaching new skills and by providing positive
			 behavior intervention and supports and services to address
			 behavior.
(3)
									"Chemical restraint" means a drug or medication used to
			 control a student's behavior or restrict freedom of movement. Chemical
			 restraint is prohibited by school districts in accordance with paragraph D of
			 this rule. Chemical restraint, as used under this rule, does not apply to a
			 drug or medication that is:
(a)
										Prescribed by a licensed physician, or other qualified
			 health professional acting under the scope of the professional's authority
			 under Ohio law, for the standard treatment of a student's medical or
			 psychiatric condition; and
(b)
										Administered as
			 prescribed by the licensed physician or other qualified health professional
			 acting under the scope of the professional's authority under Ohio
			 law.
(4)
									"De-escalation techniques" means interventions that are
			 used to prevent violent and aggressive behaviors and reduce the intensity of
			 threatening, violent and disruptive incidents.
(5)
									"Functional
			 Behavior Assessment" is a school-based process for students with disabilities
			 and students without disabilities that includes the parent and, as appropriate,
			 the child, to determine why a child engages in challenging behaviors and how
			 the behavior relates to the child's environment. Consent from the parent and,
			 as appropriate, the child, is to be obtained at the initial Functional Behavior
			 Assessment.
(6)
									"Mechanical restraint" means any method of restricting
			 a student's freedom of movement, physical activity, or normal use of the
			 student's body by using an appliance or device manufactured for this purpose;
			 but does not mean a device used by trained student personnel, or used by a
			 student, for the specific and approved therapeutic or safety purpose for which
			 the device was designed and, if applicable, prescribed, including:
(a)
										Restraints for
			 medical immobilization;
(b)
										Adaptive devices or mechanical supports used to allow
			 greater freedom of mobility than would be possible without the use of such
			 devices or mechanical supports; or
(c)
										Vehicle safety
			 restraints when used as intended during the transport of a student in a moving
			 vehicle.
(7)
									"Parent" means:
(a)
										A biological or
			 adoptive parent;
(b)
										A guardian generally authorized to act as the child's
			 parent, or authorized to make decisions for the child (but not the state if the
			 child is a ward of the state);
(c)
										An individual
			 acting in the place of a biological or adoptive parent (including a
			 grandparent, stepparent or other relative) with whom the child lives, or an
			 individual who is legally responsible for the child's welfare;
(d)
										A surrogate
			 parent who has been appointed in accordance with paragraph (E) of rule
			 3301-51-05
			 of the Administrative Code; or
(e)
										Any person
			 identified in a judicial decree or order as the parent of a child or the person
			 with authority to make educational decisions on behalf of a
			 child.
(8)
									"Physical escort" means the temporary touching or
			 holding of the hand, wrist, arm, shoulder, waist, hip, or back for the purpose
			 of inducing a student to move to a safe location.
(9)
									"Physical
			 restraint" means the use of physical contact in a way that immobilizes or
			 reduces the ability of an individual to move the individual's arms, legs, body,
			 or head freely. Such term does not include a physical escort, mechanical
			 restraint, or chemical restraint. Physical restraint does not include brief
			 physical contact for the following or similar purposes:
(a)
										To break up a
			 fight;
(b)
										To knock a weapon away from a student's
			 possession;
(c)
										To calm or comfort;
(d)
										To assist a
			 student in completing a task/response if the student does not resist the
			 contact; or
(e)
										To prevent imminent risk of injury to the student or
			 others.
(10)
									"Positive behavior intervention and supports" has the
			 same meaning as in section
			 3319.46
			 of the Revised Code.
(11)
									"Positive Behavior Intervention and Supports leadership
			 team" means the assigned team at the district and building level that plans,
			 coaches and monitors positive behavior intervention and supports implementation
			 in the district and building. Positive behavior intervention and supports
			 leadership teams may include, but are not limited to, school administrators,
			 teacher representatives across grade levels and programs, staff able to provide
			 behavioral expertise, and other representatives identified by the district or
			 school such as bus drivers, food service staff, custodial staff, and
			 paraprofessionals.
(12)
									"Prone restraint" means physical or mechanical
			 restraint while the individual is in the face-down position.
(13)
									"School
			 district" means a local, exempted village, city, joint vocational or
			 cooperative education school district as defined in Chapter 3311 of the Revised
			 Code; an educational service center that operates a school or educational
			 program; a community school as defined in Chapter 3314 of the Revised Code; a
			 science, technology, engineering, and mathematics school as defined in Chapter
			 3326 of the Revised Code; or a college-preparatory boarding school as defined
			 in Chapter 3328 of the Revised Code. For purposes of this rule, the term does
			 not include schools operated in facilities under the jurisdiction of the
			 department of rehabilitation and corrections or the department of youth
			 services.
(14)
									"Seclusion" means the involuntary isolation of a
			 student in a room, enclosure, or space from which the student is prevented from
			 leaving by physical restraint or by a closed door or other physical
			 barrier.
(15)
									"Student" means an individual enrolled in a school
			 district.
(16)
									"Student personnel" means teacher, principal,
			 counselor, social worker, school resource officer, teacher's aide,
			 psychologist, bus driver, related services providers, nursing staff, or other
			 school district staff who interact directly with students.
(17)
									"Timeout" means
			 a behavior intervention in which a student, for a limited and specified time,
			 is separated from the class within the classroom or in a nonlocked setting for
			 the purpose of self-regulating and controlling his or her own behavior. In a
			 timeout, the student is not physically restrained or prevented from leaving the
			 area by physical barriers