Section 0520-01-09-.23 - ISOLATION AND RESTRAINT FOR STUDENTS RECEIVING SPECIAL EDUCATION SERVICES(1) Definitions: (a) "Extended Isolation" means isolation which lasts longer than one (1) minute per year of the student's age or isolation which lasts longer than the time provided in the child's IEP.(b) "Extended Restraint" means a physical holding restraint lasting longer than five (5) minutes or a physical holding restraint which lasts longer than the time provided in the child's IEP.(c) "Noxious Substance" means a substance released in proximity to the student's face or sensitive area of the body for the purpose of limiting a student's freedom of movement or action, including but not limited to Mace and other defense sprays. Pursuant to T.C.A. § 49-10-1305, administering a Noxious Substance to a student receiving special education services is prohibited.(2) LEAs are authorized to develop and implement training programs that include:(a) Use of positive behavioral interventions and supports;(b) Nonviolent crisis prevention and de-escalation;(c) Safe administration of isolation and restraint; and(d) Documentation and reporting requirements.(3) LEAs are authorized to determine an appropriate level of training commensurate with the job descriptions and responsibilities of school personnel.(4) LEAs shall develop policies and procedures governing:(a) Personnel authorized to use isolation and restraint;(b) Training requirements; and(c) Incident reporting procedures.(5) If school personnel impose isolation or restraint, then the school personnel shall immediately contact the school principal, or the principal's designee. The principal or the principal's designee shall observe and evaluate the student's condition within a reasonable time after the isolation or restraint was used. As needed, the school nurse shall also observe and evaluate the student's condition within a reasonable time after the isolation and restraint was used. The school principal, or principal's designee, shall notify the student's parent or guardian orally or by written or printed communication the same day the isolation or restraint was used.(6) When the use of isolation or restraint is proposed at an IEP meeting, the parent shall be advised of the provisions of T.C.A. §§ 49-10-1301, et seq., this rule, and the IDEA procedural safeguards.(7) An IEP team meeting shall be convened within ten (10) days of use of restraint if: (a) The student's IEP does not provide for the use of a physical holding restraint generally;(b) The student's IEP does not provide for the use of restraint for the behavior precipitating the use of the restraint; or(c) An Extended Restraint is used.(8) An IEP team meeting shall be convened within ten (10) days of use of isolation if: (a) The student's IEP does not provide for the use of an isolation generally;(b) The student's IEP does not provide for the use of isolation for the behavior precipitating the use of the isolation; or(c) An Extended Isolation is used.(9) State agencies providing educational services within a residential therapeutic setting to children in their legal and physical custody shall develop and adhere to isolation and restraint rules and policies in such educational settings which conform to the Tennessee Department of Mental Health and Developmental Disabilities (TDMHDD) state standards as applicable and at least one (1) of the following national standards: American Correctional Association (ACA), Council on Accreditation (COA), Centers for Medicare & Medicaid Services (CMS), Joint Commission for Accreditation of Healthcare Organizations (JCAHO), Commission on Accreditation of Rehabilitation Facilities (CARF), as they apply in the educational environment. Development of, and adherence to, such rules and policies shall be overseen by a licensed qualified physician or licensed doctoral level psychologist.(10) School personnel who must isolate or restrain a student receiving special education services shall report each individual incident of isolation or restraint to the school principal or the principal's designee. The Department shall develop a report form, which shall be used by school personnel when reporting isolation or restraint to the school principal or the principal's designee.(a) The report form shall be submitted for each individual incident and shall include the following information:1. Student's name, age, and disability;2. Student's school and grade level;3. Date, time and location of the isolation or restraint;4. Length of time student was isolated or restrained;5. Names, job titles, and signatures of the school personnel who administered the isolation or restraint;6. Whether the school personnel who administered the isolation or restraint were certified for completing a behavior intervention training program;7. Names and job titles of other school personnel who observed or witnessed the isolation or restraint;8. Name of the principal or designee who was notified following the isolation or restraint and time of notification;9. Description of the antecedents that immediately preceded the use of isolation or restraint and the specific behavior being addressed;10. A certification that any space used for isolation is at least forty (40) square feet;11. A certification that school personnel were in continuous direct visual contact at all times with a student who was isolated;12. How the isolation or restraint ended, including the student's demeanor at the cessation of the isolation or restraint;13. Physical injury or death to the student, school personnel or both during the isolation or restraint;14. Medical care provided to the student, school personnel or both during the isolation or restraint;15. Description of property damage, if relevant;16. Date, time, and method of parent notification;17. Whether an IEP team meeting is required pursuant to T.C.A. § 49-10-1304; and18. A determination whether the student has a Functional Behavior Assessment and Behavior Intervention Plan for the behavior precipitating the use of isolation or restraint.(b) A copy of the report must be submitted to the Department within five (5) calendar days of incident.Tenn. Comp. R. & Regs. 0520-01-09-.23
Original rule filed October 20, 2009; effective January 18, 2010. Amendments filed March 21, 2012; effective August 29, 2012. Emergency rules filed June 29, 2017; effective through December 26, 2017. Amendments filed August 11, 2017; effective November 9, 2017. Amendments filed May 14, 2021; effective August 12, 2021. Amendments filed March 29, 2022; effective 6/27/2022.Authority: T.C.A. §§ 49-10-1301, et seq.