Rhode Island Code of Regulations › Title 200 - Board of Education › Chapter 20 - Council on Elementary and Secondary Education › Subchapter 30 - Student Supports › Part 2 - Physical Restraint Regulations › Section 200-RICR-20-30-2.2 - Definitions

Current through June 14, 2024
A. For the purposes of these Rules and
				  Regulations, the following terms shall have the following meaning:
1. "Antecedent" means a preceding
				  circumstance, event, object or phenomenon which may trigger a particular
				  behavior or chain of behaviors.
2.
				  "Aversive interventions/strategies" means the specific strategies set forth in
				  R.I. Gen. Laws §
											40.1-26-4.1,
				  including but not limited to the following:
a. Noxious, painful, intrusive stimuli or
				  activities that result in pain;
b.
				  Any form of noxious, painful or intrusive spray or inhalant;
c. Electric shock;
d. Water spray to the face;
e. Pinches and deep muscle
				  squeezes;
f. Shouting, screaming or
				  using a loud, sharp, harsh voice to frighten or threaten or the use of obscene
				  language;
g. Withholding adequate
				  sleep;
h. Withholding adequate
				  shelter or bedding;
i. Withholding
				  bathroom facilities;
j. Withholding
				  meals, essential nutrition or hydration;
k. Removal of an individual's personal
				  property as punishment;
l.
				  Unobserved time-out or room/area solely used for time out;
m. Facial or auditory screening devices;
				  and
n. Use of chemical restraints
				  instead of positive programs or medical treatments.
3. "Behavioral analysis" means a functional
				  analysis with the addition of operationally defining a target behaviors and the
				  grouping of behaviors for an intervention plan.
4. "Behavior intervention plan" means a plan,
				  developed by a team, that delineates emotional, social and/or behavioral goals
				  for a student and the steps that the school, student, parent and/or others will
				  take to positively support the student's progress toward those goals. A
				  Behavior Intervention Plan is comprised of practical and specific strategies to
				  increase or reduce defined behaviors or a pattern of behavior exhibited by a
				  student. A Behavior Intervention Plan includes the following:
a. Definition of the behavior in specific,
				  measurable terms.
b. A plan for
				  prevention of the behavior by changing some of the who, what, when, and where
				  information from the Functional Behavioral Assessment (FBA).
c. A plan to teach the student new ways to
				  meet his or her needs.
d. A
				  description of how to react to the student's behavior in a way that will
				  reinforce appropriate behavior.
e.
				  A plan for how to manage a crisis situation.
f. A data collection, analysis and evaluation
				  system.
g. Timelines for
				  review.
5. "Behavioral
				  momentum" means the speed or force of behavior in a behavior chain, often
				  beginning with an antecedent.
6.
				  "Corporal punishment" means the infliction of bodily pain as a penalty for
				  disapproved behavior.
a. Corporal punishment
				  as defined shall not be used in public education programs.
7. "De-escalation" means withdrawal or
				  presentation of stimulus to a situation which causes it to become more
				  controlled, calm and less dangerous.
8. "Environmental engineering" means the
				  arrangement or manipulation of the physical environment and stimuli in order to
				  facilitate more appropriate behavioral responses.
9. "Escalation" means the withdrawal or
				  presentation of new stimulus to a situation which causes it to become more out
				  of control and potentially dangerous.
10. "Forceful physical guidance" means an
				  inappropriate response to a child's perceived misbehavior that consists of an
				  adult/supervisory person physically forcing to engage in the desired behavior
				  or to comply with a directive.
11.
				  "Functional behavioral analysis" means the evaluation of behavioral assessment
				  information that occurs at specific points in time. The analysis provides the
				  information necessary to develop a behavior intervention plan.
12. "Functional behavioral assessment" means
				  an ongoing process for gathering information that can be used to hypothesize
				  about the function of student behavior. The components of the process are as
				  follows:
a. Define/describe
				  behavior
b. Gather
				  information
c. Identify when, where
				  and under what circumstances does the behavior occur
d. Identify the consequences that maintain
				  the behavior
e. Develop a theory
				  as to the functional intent of the behavior
13. "IDEA" means the Individuals with
				  Disabilities Education Act,
				   20 U.S.C. §
												1400  et seq.;
				   34 C.F.R. §
												300.1  et seq.
14. "IEP" or "Individualized Education
				  Program" means a written statement for a child with a disability that is
				  developed, reviewed, and revised in a meeting in accordance with Rhode Island
				  Regulations Governing The Education Of Children With Disabilities (Part 1 of
				  this Subchapter).
15.
				  "Instructional physical guidance" means a teaching technique that involves
				  physical contact between the adult/supervisory person and the child. This
				  enables the child to learn or model the physical movement necessary for the
				  development of the desired competency, such as using hand over hand guidance in
				  instructing a child in writing technique.
16. "Mechanical restraint" means the use of
				  devices such as mittens, straps, or restraint chairs to limit a person's
				  movement or hold a person immobile as an intervention precipitated by the
				  person's behavior. Mechanical restraint applies to uses intended to prevent
				  injury with persons who engage in behaviors such as head-banging, gouging, or
				  other self-injurious actions that result in tissue damage and medical problems.
				  Mechanical restraint does not apply to restraint used to treat a person's
				  medical needs or to position a person with physical disabilities.
17. "Misting" means the release of noxious,
				  toxic or otherwise unpleasant sprays, mists or substances in proximity to the
				  child's face.
18. "Negative
				  practice overcorrection" means having a child repeat an activity/task with an
				  arbitrarily selected frequency, such as requiring a child write a classroom
				  rule on the chalkboard 100 times.
19. "Parental consent" means that:
a. the parent has been fully informed of all
				  information relevant to the activity for which consent is sought, in his or her
				  native language or other mode of communication;
b. the parent understands and agrees in
				  writing to the carrying out of the activity for which his/her consent is
				  sought, and the consent describes that activity and lists the records (if any)
				  that will be released and to whom; and
c. the parent understands that the granting
				  of consent is voluntary on the part of the parent and may be revoked at any
				  time.
20. "Physical
				  restraint/crisis intervention" means:
a.
				  "Manual restraint" means the use of physical intervention intended to hold a
				  person immobile or limit a person's movement by using body contact as the only
				  source of physical restraint. Prone restraint is a type of manual restraint or
				  hold that limits or controls the movement or normal functioning of any portion,
				  or all, of a person's body while the person is in a face-down position, but
				  does not include the temporary controlling of a person in a prone position
				  while transitioning to an alternative, safer form of restraint.
b. "Seclusion restraint" means physically
				  confining a student alone in a room or limited space without access to school
				  staff. The use of "time out" procedures during which a staff member remains
				  accessible to the student shall not be considered "seclusion restraint." The
				  use of seclusion restraint is prohibited in public education
				  programs.
c. "Chemical restraint'
				  means the administration of medication for the purpose of restraint. The use of
				  medication restraint is prohibited in public education programs.
21. "Positive behavioral supports"
				  means a set of practices used to organize teaching and learning environments
				  and experiences for students which facilitate the student's successful
				  self-awareness, self-management, engagement with others and with the learning
				  process.
22. "Redirection"
				  encompasses a number of techniques which serve to:
a. Divert the student from an unwanted task
				  or a problematic behavior.
b.
				  Return the student to a more desirable task or more appropriate behavior.
				  Redirection occurs without the coercion of negative consequences. Among these
				  techniques are: Proximity, Cueing, Regrouping, Restructuring, Diversions,
				  Hurdle Help.
23.
				  "Satiation" means the repetition of a task/activity/behavior to the point that
				  a person is unable to perform the task even one more time.
24. "Seclusion" means placing a child alone
				  in a locked room without supervision. Such action is strictly prohibited in
				  Rhode Island.
25. "Section 504 of
				  The Rehabilitation Act of 1973" means the Civil Rights law prohibiting
				  discrimination against individuals with disabilities from federally assisted
				  programs or activities.
26. "Self
				  management" means the monitoring, regulation, care, guidance and treatment of
				  one's own behavior.
27. "Timeout"
				  means a Punishment (Type II) procedure in which access to reinforcement is
				  withdrawn for a certain period of time.
a.
				  Isolation "from the group" - Reinforcement is withdrawn and the student remains
				  in a separate room or booth for a certain period of time. The small room or
				  booth may or may not have a door.
28. "Zero tolerance" means (as defined by
				  state policy) the purpose is to provide a school environment that is conducive
				  to learning. The underlying belief of this policy is that all children have the
				  right to be educated in a safe and nurturing environment. Therefore, each
				  school system shall adopt a policy of zero tolerance for weapons, violence and
				  illegal drugs in schools. Any student found to be in possession of a weapon, or
				  involved in an aggravated assault as defined herein, will immediately be
				  suspended in accordance with applicable due process provisions. During this
				  suspension, the school district will take the necessary steps in determining
				  any additional action to be taken, which may include long-term suspension. Zero
				  tolerance policies cannot supersede other Federal and State Regulations, such
				  as the Individuals with Disabilities Act (IDEA), Section 504 of the
				  Rehabilitation Act of 1973, and Rhode Island Regulations Governing The
				  Education Of Children With Disabilities (Part 1 of this Subchapter).