Section Ed 1202.02 - Duty to Report(a) Unless prohibited by court order, the superintendent, acting superintendent, superintendent's designee, acting superintendent's designee, or school administrator shall, as soon as possible, verbally notify the parent or guardian whenever seclusion or restraint has been used on a child.(b) Within 5 business days of the use of seclusion or restraint, the school employee that used seclusion or restraint shall submit a written notification to the school principal containing the following, pursuant to RSA 126:7, II: (1) The date, time, and duration of the use of seclusion or restraint;(2) A description of the actions of the child before, during, and after the occurrence;(3) A description of any other relevant events preceding the use of seclusion or restraint, including the justification for initiating the use of restraint;(4) The names of the persons involved in the occurrence;(5) A description of the actions of the facility or school employees involved before, during, and after the occurrence;(6) A description of any interventions used prior to the use of the seclusion or restraint;(7) A description of the seclusion or restraint used, including any hold used and the reason the hold was necessary;(8) A description of any injuries sustained by, and any medical care administered to, the child, employees, or others before, during, or after the use of seclusion or restraint;(9) A description of any property damage associated with the occurrence;(10) A description of actions taken to address the emotional needs of the child during and following the incident;(11) A description of future actions to be taken to control the child's problem behaviors;(12) The name and position of the employee completing the notification; and(13) The anticipated date of the final report.(c) The superintendent, acting superintendent, superintendent's designee, acting superintendent's designee, or school administrator shall, as soon as possible, make an oral report of all incidents of restraint and seclusion within the school involving serious injury or death to a child subject to restraint or seclusion to the commissioner, the attorney general, and the state's federally-designated protection and advocacy agency for individuals with disabilities, pursuant to RSA 126-U:10, II. Within 5 business days, a written report shall be provided to the commissioner, the attorney general, and the state's federally-designated protection and advocacy agency for individuals with disabilities pursuant to RSA 126-U:7.(d) No school nor any employee, contractor, consultant nor volunteer thereof, shall subject any individual to harassment or retaliation for filing, in good faith, a report under RSA 126-U or these rules.(e) Schools shall document complaints that they determine do not meet the criteria for a violation of RSA 126-U. This documentation shall include the evidence relied upon. Such documentation shall be maintained and provided to the department of education when it does its review pursuant to RSA 126-U:8.N.H. Admin. Code § Ed 1202.02
Derived From Volume XXXVI Number 06, Filed February 11, 2016, Proposed by #11019, Effective 1/8/2016, Expires 1/8/2026.