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Ten key points of new Ky Seclusion and Restraint law for public schools

Kids can have needs not met by conventional means
Kids can have needs not met by conventional means

Seclusion and Restraint in Kentucky

On February 1, 2013, 704 KAR 7:160. "Use of physical restraint and seclusion in public schools", became effective. It will affect thousands of children in the commonwealth. Key points include:

(1) "Aversive behavioral interventions"
(2) "Behavioral intervention"
(3) "Chemical restraint".......

(I had to triple read the definition provided for chemical restraint. Glad they added this, preventing educators from drugging an unruly student) ........

(18) "Timeout"

(Total of eighteen definitions. Not binding on law enforcement, who have civil rights laws which continue to govern their behavior. An important note as many schools have a police officer on duty at all times)

Each local school district shall establish policies and procedures
(includes the following).......

(b) Are designed to ensure the safety of all students, school personnel, and visitors ...

(e) Require notification, within twenty four (24) hours, to the Kentucky Department of Education and local law enforcement in the event of death...

(f) Outline a procedure by which parents may submit a complaint...

Physical restraint shall not be used in a public school or educational program:

(a) As punishment or discipline;
(b) To force compliance or to retaliate;.......
(c) As a substitute for acppropriate educational or behavioral support...

(Items under the preceding point are very much common sense)

Physical restraint may only be implemented in a public school or ed... program if:

(a) The student’s behavior poses an imminent danger of physical harm to self or others and as permitted under KRS 503.050, 503.070, and 503.110......

Seclusion shall not be used in a public school or educational program:

(a) As punishment or discipline...
(g) As a substitute for timeout...

All physical restraints and seclusions shall be documented by a written record of each use of seclusion or physical restraint and be maintained in the student’s education record.
(In other words, a detailed incident report. Again, common sense)

If the parent or emancipated youth requests a debriefing session....., a debriefing session shall be held after the imposition of physical restraint or seclusion upon a student.

The debriefing session shall occur as soon as practicable, but not later than five (5) school days following the request of the parent or the emancipated youth......​

All school personnel shall be trained in state administrative regulations and school district policies and procedures regarding physical restraint and seclusion.

....... data shall be reported by the district in the student information system related to incidents of physical restraint and seclusion

(The legislature is to be commended for providing a support mechanism which should benefit special needs kids, while giving educators a common sense approach to maintaining order in the classroom and at school functions. For the most part, educators do a good job of using common sense and compassion in dealing with special needs children. The additional training will provide a solid basis for responding to tough situations)

Reference: The Behavioral Home Page


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