Corporal Punishment/ Use of Physical Intervention and Restraint

Definitions

In accordance with state law and the State Board of Education rules governing the Administration of the Protection of Persons from Restraint Act (1 CCR 301-45), the following definitions apply for purposes of this policy.

1. “Bodily injury” means physical pain, illness or any impairment of physical or mental condition as defined in C.R.S. 18-1-901(3)(c).
2. “Complaint” means a signed, written document alleging that there has been a misuse of the use of restraints or seclusion on a student.
3. “Corporal Punishment” means the willful infliction of, or willfully causing the infliction of, physical pain on a child. It does not include:
   
   1. An amount of force that is reasonable and necessary to quell a disturbance that threatens physical injury to persons or damage to property, necessary for purposes of self-defense, or used to obtain possession of a weapon or other dangerous object within the control of a child; or
   2. Physical pain or discomfort caused by athletic competition or other similar physical activity in which a child is voluntarily engaged.
4. “Deadly Weapon” means a firearm, whether loaded or unloaded; a knife, bludgeon, or any other weapon, device, instrument, material, or substance, whether animate or inanimate, that, in the manner it is used or intended to be used, is capable of producing death or serious bodily injury.
5. “Emergency” means a serious, probable, imminent threat of bodily injury to self or others with the present ability to cause such bodily injury. Emergency includes situations in which the student creates such a threat by abusing or destroying property. However, if property damage might be involved, restraint or seclusion may only be used when the destruction of property could possibly result in bodily harm to the individual or another person.
6. “Parent” shall be as defined by 1 CCR 301-45.
7. “Positional Asphyxia” means an insufficient intake of oxygen as a result of a body position that interferes with one’s ability to breathe.
8. “Restraint” means any method or device used to involuntarily limit freedom of movement, including but not limited to bodily physical force, mechanical devices, and chemicals.
   
   1. “Chemical restraint” means administering medication to a student (including medications prescribed by the student’s physician) on an as needed basis for the sole purpose of involuntarily limiting the student’s freedom of movement. “Chemical restraint” does not include:
      
      1. Prescription medication that is regularly administered to the student for medical reasons other than to restrain the student’s freedom of movement (e.g., Azmacort, medications used to treat mood disorders or ADHD, Glucagon); or
      2. The administration of medication for voluntary or life-saving medical procedures (e.g., EpiPens, Diastat).
   2. “Mechanical restraint” means a physical device used to involuntarily restrict the movement of a student or the movement or normal function of the student’s body. “Mechanical restraint” does not include:
      
      1. Devices recommended by a physician, occupational therapist or physical therapist and agreed to by a student’s IEP team or Section 504 team and used in accordance with the student’s Individualized Education Program (IEP) or Section 504 plan;
      2. Protective devices such as helmets, mitts, and similar devices used to prevent self-injury and in accordance with a student’s IEP or Section 504 plan; or
      3. Adaptive devices to facilitate instruction or therapy and used as recommended by an occupational therapist or physical therapist, and consistent with a student’s IEP or Section 504 plan; or
      4. Positioning or securing devices used to allow treatment of a student’s medical needs.
   3. “Physical restraint” means the use of bodily, physical force to involuntarily limit an individual’s freedom of movement for one (1) minute or more. “Physical restraint” does not include:
      
      1. A physical intervention with a student or holding of a student in a position other than a prone position for less than one (1) minute by a staff person for the protection of the student or others or to prevent or stop the destruction of property;
      2. Brief holding of a student by one adult for the purpose of calming or comforting the student, not to include holding a student in a prone position;
      3. Minimal physical contact for the purpose of safely escorting a student from one area to another; or
      4. Minimal physical contact for the purpose of assisting the student in completing a task or response.
   4. “Prone position” means a face-down position.
   5. “Prone restraint” means a restraint in which the individual who is being restrained is secured in a prone position.
9. “Seclusion” means the placement of a student alone in a room from which egress is involuntarily prevented. “Seclusion” does not mean:
   
   1. Placement of a student in residential services in the student’s room for the night; or
   2. “Time-out,” which is the removal of a student from potentially rewarding people or situations. A time-out is not used primarily to confine the student, but to limit accessibility to reinforcement. In time-out, the student is not physically prevented from leaving the designated time-out area. Such a time-out requires effective monitoring by staff.
10. “School Day” means any day or partial day that students are in attendance at the public education programs, agencies, or services or sponsored events.

When restraints, including seclusion, are used, CEC shall ensure that:

1. No restraint is administered in such a way that the student is inhibited or impeded from breathing or communicating;
2. No restraint is administered in such a way that places excess pressure on the student’s chest, back, or causes positional asphyxia;
3. Restraints are only administered by staff who have received training in accordance with 1 CCR 301-45;
4. Opportunities to have the restraint removed are provided to the student who indicates he/she is willing to cease the violent or dangerous behavior;
5. When it is determined by trained school personnel that the restraint is no longer necessary to protect the student or others (i.e., the emergency no longer exists), the restraint shall be removed. In the case of seclusion, staff must reintegrate the student or clearly communicate to the student that the student is free to leave the area used to seclude the student;
6. The student is reasonably monitored to ensure the student’s physical safety; and
7. A school resource officer or a law enforcement officer acting in the officer’s official capacity on school grounds, in a school vehicle, or at a school activity or sanctioned event shall not use handcuffs on any student, unless there is a danger to themselves or others, or handcuffs are used during a custodial arrest that requires transport.

Annual Review and Report

CEC will conduct an annual general review process to ascertain that all network schools are properly administering restraint, identifying additional training needs, minimizing and preventing the use of restraint by increasing the use of positive behavior interventions, and reducing the incidence of injury to students and staff. The review shall include, but is not limited to:

• Analysis of incident reports, including, but not limited to procedures used during the restraint, preventative or alternative techniques tried, documentation, and follow-up;
• Training needs of staff;
• Staff-to-student ratio; and
• Environmental considerations, including physical space, student seating arrangements, and noise levels.

In the written Annual Restraint Review Report, CEC shall:

• Document the number of students restrained in a year and the total number of restraints in a year. For physical restraints, the report should include:
  • the total number of physical restraints lasting one or more but less than five minutes;
  • the total number of restraints lasting five minutes or more;
  • the number of students who experienced at least one restraint lasting from 1:00 to 4:59 minutes; and
  • the number of students who experienced at least one restraint lasting five minutes or more.
• The report should also include differentiated information for mechanical and prone restraints, if any, that were administered by safety employees.
• Include an analysis of the data and records reviewed.
• Without revealing any confidential student data, CEC shall also include the context for when and why restraints may be necessary to protect students from self-harm or from harming other students or staff.