Section 513 IAC 1-0.5-1 - PreambleAuthority: IC 20-20-40-13; IC 20-20-40-16
Affected: IC 20-20-40
Sec. 1.
(a) The purpose of this article is to:(1) prevent and reduce the use of restraint and seclusion in schools;(2) ensure the safety and dignity of all students and personnel in schools;(3) promote a positive school culture and climate;(4) protect students from: (A) physical or mental abuse;(B) aversive behavioral interventions that compromise health and safety; and(C) any restraint or seclusion imposed solely for purposes of discipline or convenience;(5) ensure that restraint and seclusion are imposed in school only when a student's behavior poses an imminent danger of physical injury to the student, school personnel, or others; and(6) assist public, charter, and accredited nonpublic schools in: (A) establishing policies and procedures to keep all students and school personnel safe, including students with the most complex and intensive behavioral needs;(B) providing school personnel with the necessary tools, training, and support to ensure the safety of all students and all school personnel; and(C) collecting and analyzing data on restraint and seclusion in schools, including data on the use of restraint and seclusion by school resource officers.(b) The following beliefs and principles have guided the commission's work in drafting this article: (1) Safe, effective, evidence-based strategies are available to support children who display challenging behaviors in school settings.(2) The effective implementation of school-wide positive behavior supports is linked to greater academic achievement, significantly fewer disciplinary problems, increased instruction time, and staff perception of a safer teaching environment.(3) The use of restraint or seclusion should be seen as an extraordinary event and should never be used as a: (A) routine strategy implemented to address instructional problems or inappropriate behavior (e.g., disrespect, noncompliance, insubordination, out of seat);(B) means of coercion or retaliation; or(4) School personnel have the right to work in a safe environment and should be provided training and support to prevent injury and trauma to themselves and others.(5) Staff training focused on the dangers of restraint and seclusion as well as training in evidence-based positive behavior supports, deescalation techniques, and restraint and seclusion prevention can reduce the incidence of injury, trauma, and death.(6) School resource officers, as well as other law enforcement officers who provide services to schools, are important partners in the implementation of school safety.(7) Schools should never request or encourage a school resource officer, or any other law enforcement officer who provides services to schools, to initiate the restraint or seclusion of a student.(8) The collection of complete and accurate data related to the use of restraint or seclusion of a student is important to the state of Indiana in order to determine the areas where training and education may be needed.Commission on Seclusion and Restraint in Schools; 513 IAC 1-0.5-1; filed 12/21/2018, 3:05 p.m.: 20190116-IR-513180063FRA