Section 071-33-9 - RESPONSE TO THE USE OF PHYSICAL RESTRAINT OR SECLUSION1.DebriefingA. Following each incident involving the use of physical restraint or seclusion, the covered entity shall ensure that, within two school days, an administrator or designee reviews the incident: 1) With all staff persons who implemented the use of physical restraint or seclusion to discuss: i. Whether the use of restraint or seclusion was implemented in compliance with this rule and local policies, andii. How to prevent or reduce the future need for physical restraint and/or seclusion; and 2) With the student who was restrained or secluded to discuss:i. What triggered the student's escalation; andii. What the student and staff can do to reduce the future need for restraint or seclusion.B. When physical restraint or seclusion has resulted in serious bodily injury, as defined in Sec. (2)(22), to a student or staff member requiring emergency medical treatment, the debriefing must take place as soon as possible but no later than the next school day.C. Following the debriefing, staff must develop and implement a written plan for response and de-escalation for the student, or, if a plan already exists, staff must review and, if appropriate, revise it.2.Multiple Incidents of Physical Restraint and SeclusionA. Special Education/504 Students: After every three incidents of physical restraint or seclusion in a school year of a student who has been found eligible for special education or has a Section 504 plan: 1) The student's IEP or 504 team shall meet within 10 school days to discuss the incident and consider the need to conduct an FBA and/or develop a BIP or amend an existing one.2) Schools are not required to hold more than one meeting within any 30-school-day period, notwithstanding requirements in Section 9, subsection 2, paragraph A.B. For all other students: For students not described in Paragraph A, a team shall meet within ten school days of every three incidents in a school year to discuss the incidents. 1) The team shall consist of the parent, an administrator or designee, a teacher for the student, a staff member involved in the incident (if not the teacher or administrator already invited), and other appropriate staff members.2) The team shall consider the appropriateness of a referral to special education and, regardless of whether a referral to special education is to be made, the need to conduct an FBA, and/or develop a BIP.3) Schools are not required to hold more than one meeting within any 30-school-day period, notwithstanding requirements in Section 9, subsection 2, paragraph B.C. Nothing in this section is meant to prevent the completion of an FBA or BIP for any student who might benefit from these measures but who has had fewer than three restraints or seclusions.4.Parent Participation The covered entity shall make reasonable, documented efforts to encourage parent participation in the meetings required in subsection 2 of this section and to schedule them at times convenient for parents to attend.
A covered entity may not seek written permission from a parent to provide restraint and seclusion to a student.
05-071 C.M.R. ch. 33, § 9