(A) Notwithstanding rule 3301-35-01 of
the Administrative Code, the following definitions apply for purposes of this
rule:
(1) "Aversive
behavioral interventions" means an intervention that is intended to
induce pain or discomfort to a student for the purpose of eliminating or
reducing maladaptive behaviors, including such interventions as application of
noxious, painful and/or intrusive stimuli, including any form of noxious,
painful or intrusive spray, inhalant or taste or other sensory stimuli such as
climate control, lighting and sound.
(2) "Behavior
Intervention Plan" means a comprehensive plan for managing problem
behavior by changing or removing contextual factors that trigger or maintain
it, by strengthening replacement skills, teaching new skills and by providing
positive behavior intervention and supports and services to address
behavior.
(3) "Chemical
restraint" means a drug or medication used to control a student's
behavior or restrict freedom of movement. Chemical restraint is prohibited by
school districts in accordance with paragraph (D) of this rule. Chemical
restraint, as used under this rule, does not apply to a drug or medication that
is:
(a) Prescribed by a licensed physician, or other qualified
health professional acting under the scope of the professional's
authority under Ohio law, for the standard treatment of a student's
medical or psychiatric condition; and
(b) Administered as prescribed by the licensed physician or
other qualified health professional acting under the scope of the
professional's authority under Ohio law.
(4) "De-escalation
techniques" means interventions that are used to prevent violent and
aggressive behaviors and reduce the intensity of threatening, violent and
disruptive incidents.
(5) "Functional
Behavior Assessment" is a school-based process for students with
disabilities and students without disabilities that includes the parent and, as
appropriate, the child, to determine why a child engages in challenging
behaviors and how the behavior relates to the child's environment.
Consent from the parent and, as appropriate, the child, is to be obtained at
the initial functional behavior assessment.
(6) "Mechanical
restraint" means any method of restricting a student's freedom of
movement, physical activity, or normal use of the student's body by using
an appliance or device manufactured for this purpose; but does not mean a
device used by trained student personnel, or used by a student, for the
specific and approved therapeutic or safety purpose for which the device was
designed and, if applicable, prescribed, including:
(a) Restraints for medical immobilization;
(b) Adaptive devices or mechanical supports used to allow
greater freedom of mobility than would be possible without the use of such
devices or mechanical supports; or
(c) Vehicle safety restraints when used as intended during
the transport of a student in a moving vehicle.
(7) "Parent"
means:
(a) A biological or adoptive parent;
(b) A guardian generally authorized to act as the
child's parent, or authorized to make decisions for the child (but not
the state if the child is a ward of the state);
(c) An individual acting in the place of a biological or
adoptive parent (including a grandparent, stepparent or other relative) with
whom the child lives, or an individual who is legally responsible for the
child's welfare;
(d) A surrogate parent who has been appointed in accordance
with paragraph (E) of rule 3301-51-05 of the Administrative Code;
or
(e) Any person identified in a judicial decree or order as
the parent of a child or the person with authority to make educational
decisions on behalf of a child.
(8) "Physical
escort" means the temporary touching or holding of the hand, wrist, arm,
shoulder, waist, hip, or back for the purpose of inducing a student to move to
a safe location.
(9) "Physical
restraint" means the use of physical contact in a way that immobilizes or
reduces the ability of an individual to move the individual's arms, legs,
body, or head freely. Such term does not include a physical escort, mechanical
restraint, or chemical restraint. Physical restraint does not include brief
physical contact for the following or similar purposes:
(a) To break up a fight;
(b) To knock a weapon away from a student's
possession;
(c) To calm or comfort;
(d) To assist a student in completing a task/response if
the student does not resist the contact; or
(e) To prevent imminent risk of injury to the student or
others.
(10) "Positive
behavior intervention and supports" has the same meaning as in section
3319.46 of the Revised Code.
(11) "Positive
Behavior Intervention and Supports leadership team" means the assigned
team at the district and building level that plans, coaches and monitors
positive behavior intervention and supports implementation in the district and
building. Positive behavior intervention and supports leadership teams may
include, but are not limited to, school administrators, teacher representatives
across grade levels and programs, staff able to provide behavioral expertise,
and other representatives identified by the district or school such as bus
drivers, food service staff, custodial staff, and
paraprofessionals.
(12) "Prone
restraint" means physical or mechanical restraint while the individual is
in the face-down position.
(13) "School
district" means a local, exempted village, city, joint vocational or
cooperative education school district as defined in Chapter 3311. of the
Revised Code; an educational service center that operates a school or
educational program; a community school as defined in Chapter 3314. of the
Revised Code; a science, technology, engineering, and mathematics school as
defined in Chapter 3326. of the Revised Code; or a college-preparatory boarding
school as defined in Chapter 3328. of the Revised Code. For purposes of this
rule, the term does not include schools operated in facilities under the
jurisdiction of the department of rehabilitation and corrections or the
department of youth services.
(14) "Seclusion" means the involuntary isolation
of a student in a room, enclosure, or space from which the student is prevented
from leaving by physical restraint or by a closed door or other physical
barrier.
(15) "Student" means an individual enrolled in a
school district.
(16) "Student
personnel" means teacher, principal, counselor, social worker, school
resource officer, teacher's aide, psychologist, bus driver, related
services providers, nursing staff, or other school district staff who interact
directly with students.
(17) "Timeout" means a behavior intervention in
which a student, for a limited and specified time, is separated from the class
within the classroom or in a non-locked setting for the purpose of
self-regulating and controlling his or her own behavior. In a timeout, the
student is not physically restrained or prevented from leaving the area by
physical barriers.
(B) Positive behavior intervention and
supports framework. Each school district shall implement positive behavior
intervention and supports on a system-wide basis in accordance with section
3319.46 of the Revised Code and this rule.
(1) The requirements for
a district's implementation of a positive behavior intervention and
supports framework are as follows:
(a) Includes a decision-making framework that guides
selection, integration, and implementation of evidence-based academic and
behavior practices for improving academic and behavior outcomes for all
students.
(b) Includes the following integrated
elements:
(i) Data-based decision
making (to select, monitor, and evaluate outcomes, practices, and
systems);
(ii) Evidence-based
practices along a multi-tiered continuum of supports;
(iii) Systems that enable
accurate and sustainable implementation of practices; and
(iv) Progress monitoring
for fidelity and target outcomes.
(2) Standards for a
school district's implementation of positive behavior intervention and
supports framework include:
(a) Student personnel to receive professional development
in accordance with paragraph (C) of this rule;
(b) Explicit instruction of school-wide behavior
expectations;
(c) Consistent systems of acknowledging and correcting
behaviors;
(d) Teaching environments designed to eliminate behavior
triggers; and
(e) Family and community involvement.
(C) Professional development for the
implementation of positive behavior intervention and supports. The following
are requirements for professional development to be received by student
personnel to implement positive behavior intervention and supports on a
system-wide basis:
(1) Occurs at least every
three years;
(2) Provided by a
building or district positive behavior intervention and supports leadership
team or an appropriate state, regional, or national source in collaboration
with the building or district positive behavior intervention and supports
leadership team;
(3) The trained positive
behavior intervention and supports leadership team will provide professional
development to the school or district in accordance with a district developed
positive behavior intervention and supports training plan. It's the
district's responsibility to retain records of completion of the
professional development; and
(4) The professional
development under this rule will include the following topics:
(a) An overview of positive behavior intervention and
supports;
(b) The process for teaching behavioral
expectations;
(c) Data collection;
(d) Implementation of positive behavior intervention and
supports with fidelity;
(e) Consistent systems of feedback to students for
acknowledgment of appropriate behavior and corrections for behavior errors;
and
(f) Consistency in discipline and discipline
referrals.
(5) For the purpose of
satisfying the professional development requirements of this rule, the district
may accept any professional development or continuing education provided in
accordance with division (B) of section 3319.237 of the Revised Code, as long
as the professional development or continuing education meets the professional
development requirements of paragraph (C)(4) of this rule.
(6) Districts and schools
are to ensure that they have continuous training structures in place to provide
ongoing coaching and implementation with fidelity.
(7) The listed
requirements may be appropriately modified for the intended
audience.
(D) General rules for restraint and
seclusion.
(1) The following
practices are prohibited by student personnel under any
circumstance:
(a) Prone restraint;
(b) Any form of physical restraint that involves the
intentional, knowing, or reckless use of any technique that:
(i) Involves the use of
pinning down a student by placing knees to the torso, head, or neck of the
student;
(ii) Uses pressure point,
pain compliance, or joint manipulation techniques; or
(iii) Otherwise involves
techniques that are used to unnecessarily cause pain.
(c) Corporal punishment as defined in section 3319.41 of
the Revised Code;
(d) Child endangerment, as defined in section 2919.22 of
the Revised Code;
(e) Deprivation of basic needs;
(f) Seclusion or restraint of preschool children in
violation of paragraph (D) of rule 3301-37-10 of the Administrative Code and
this rule;
(g) Chemical restraint;
(h) Mechanical restraint;
(i) Aversive behavioral interventions; and
(j) Seclusion in a locked room or area.
(2) A school district may
only use physical restraint or seclusion if staff:
(a) Are appropriately trained to protect the care, welfare,
dignity, and safety of the student;
(b) Continually observe the student in restraint and
seclusion for indications of physical or mental distress and seek immediate
medical assistance if there is a concern;
(c) Use communication strategies and research-based
de-escalation techniques in an effort to help the student regain
control;
(d) Remove the student from physical restraint or seclusion
immediately when the immediate risk of physical harm to self or others has
dissipated;
(e) Conduct a de-briefing including all involved staff to
evaluate the trigger for the incident, staff response, and methods to address
the student's behavioral needs; and
(f) Complete all mandatory reports and document
staff's observations of the student.
(E) Physical restraint.
(1) Prone restraint,
including any physical restraint that obstructs the airway of the student, or
any physical restraint that impacts a student's primary mode of
communication, is prohibited. A statement to this effect is to be included in
the school district's policy. Student personnel may use physical
restraint only as a last resort and in accordance with local policy and the
requirements of this rule.
(2) Physical restraint
may be used only:
(a) If a student's behavior poses an immediate risk
of physical harm to the student or others and no other safe or effective method
of intervention is available;
(b) If the physical restraint does not obstruct the
student's ability to breathe;
(c) If the physical restraint does not interfere with the
student's ability to communicate in the student's primary language
or mode of communication; and
(d) By student personnel who are trained in safe restraint
techniques, except in the case of rare and unavoidable emergency situations
when trained personnel are not immediately available.
(3) Physical restraint
may not be used for punishment or discipline or as a substitute for other less
restrictive means of assisting a student in regaining control.
(F) Seclusion
(1) Seclusion may be used
only:
(a) If a student's behavior poses an immediate risk
of physical harm to the student or others and no other safe or effective method
of intervention is available;
(b) As a last resort to provide an opportunity for the
student to regain control of his or her actions;
(c) For the minimum amount of time necessary for the
purpose of protecting the student and others from physical harm;
(d) In a room or area that:
(i) Is not
locked;
(ii) Does not prevent the
student from exiting the area should staff become incapacitated or leave the
area; and
(iii) Provides adequate
space, lighting, ventilation, and the ability to observe the student;
and
(e) If under constant supervision by staff who are trained
to be able to detect indications of physical or mental distress that require
removal and/or immediate medical assistance and who document their observations
of the student.
(2) Seclusion may not be
used:
(a) For punishment or discipline;
(b) For the convenience of staff;
(c) As a substitute for an educational
program;
(d) As a substitute for inadequate staffing;
(e) As a substitute for staff training in positive behavior
intervention and supports framework and crisis management;
(f) As a means to coerce, retaliate, or in a manner that
endangers a student; or
(g) As a substitute for other less restrictive means of
assisting a student in regaining control, such that it is reflective of the
cognitive, social and emotional level of the student.
(G) Multiple incidents of restraint and
seclusion.
(1) After the third
incident of physical restraint or seclusion in a school year of a student who
has been found eligible for special education services or has a 504 plan, the
requirements are as follows:
(a) The student's individualized education program or
504 team will meet within ten school days of the third incident;
(b) The individualized education program or 504 team will
consider the need to conduct or develop a functional behavior assessment or
behavior intervention plan, or amend an existing functional behavior assessment
or behavior intervention plan.
(2) For students not
described in paragraph (G)(1) of this rule, a team, consisting of the parent,
an administrator or designee, a teacher of the student, a staff member involved
in the incident (if not the teacher or administrator already invited), and
other appropriate staff members will meet within ten school days of the third
incident to discuss the need to conduct or review a functional behavior
assessment and/or develop a behavior intervention plan.
(3) Nothing in this
section is meant to prevent the completion of a functional behavior assessment
or behavior intervention plan for any student who might benefit from these
measures, but has fewer than three incidents of restraint or
seclusion.
(4) Nothing in this rule
is meant to prevent a school district from conducting any evaluations or other
obligations they feel appropriate under the Individuals with Disabilities
Education Act.
(H) Training and professional development
for the use of crisis management and de-escalation techniques which includes
the use of restraint and seclusion.
(1) A school district
shall ensure that an appropriate number of personnel in each building are
trained annually in evidence-based crisis management and de-escalation
techniques, as well as the safe use of physical restraint and seclusion. The
minimum training requirements are as follows:
(a) Proactive measures to prevent the use of seclusion or
restraint;
(b) Crisis management;
(c) Documentation and communication about the restraint or
seclusion with appropriate parties;
(d) The safe use of restraint and seclusion;
(e) Instruction and accommodation for age and body size
diversity;
(f) Directions for monitoring signs of distress during and
following physical control;
(g) Debriefing practices and procedures;
(h) Face-to-face training;
(i) Allow for a simulated experience of administering and
receiving physical restraint; and
(j) Ensure that participants will demonstrate proficiency
in items described in paragraphs (H)(1)(a) to (H)(1)(i) of this
rule.
(2) The school district
shall maintain written or electronic documentation that includes the
following:
(a) The name, position, and building assignment of each
person who has completed training;
(b) The name, position, and credentials of each person who
has provided the training;
(c) When the training was completed; and
(d) What protocols, techniques, and materials were included
in training.
(3) As part of the
training under this rule, student personnel are to be trained to perform the
following functions:
(a) Identify conditions such as: where, under what
conditions, with whom and why specific inappropriate behavior may occur;
and
(b) Use preventative assessments that include at least the
following:
(i) A review of existing
data;
(ii) Input from parents,
family members, and students; and
(iii) Examination of
previous and existing behavior intervention plans.
(I) Policies and procedures. A school
district shall develop written policies and procedures for the implementation
of positive behavior intervention and supports and the use of seclusion and
restraint that are consistent with section 3319.46 of the Revised Code and this
rule. A district's complaint procedures shall include:
(1) A written procedure
for a parent to present written complaints to the superintendent of the school
district to initiate a complaint investigation by the school district regarding
an incident of restraint or seclusion. Additionally, the procedure will inform
the parent of additional options for complaints to include other public
agencies such as law enforcement, the county department of job and family
services, or the office of professional conduct within the Ohio department of
education, as defined in paragraph (L) of this rule;
(2) Annually, a school
district will provide a review regarding the content of this rule and any local
policies or procedures related to the use of positive behavior intervention and
supports, physical restraint and seclusion;
(3) An annual notice
which informs parents of the district's policies or procedures related to
the requirements of positive behavior intervention and supports, physical
restraint and seclusion, including the local complaint process;
and
(4) Within thirty days of
the filing of a complaint regarding an incident of restraint and seclusion,
it's the district's responsibility to make reasonable efforts to
have an in-person follow up meeting with the parent.
(5) Districts are to
ensure there is a support plan in place for substitute teachers if they need
assistance with positive behavior intervention and supports or crisis
management and de-escalation, which includes restraint and
seclusion.
(J) Monitoring. A school district shall
establish a procedure to monitor the implementation of this rule and the
district's policy on positive behavior intervention and supports and
restraint and seclusion. Each school district shall make its records concerning
positive behavior intervention and supports and restraint and seclusion
available to staff from the Ohio department of education upon
request.
(K) Reporting.
(1) Any incident of
seclusion or restraint shall be immediately reported to building administration
and the parent and also be documented in a written report that is issued to the
parent immediately or within twenty-four hours. This written report is
thereafter maintained by the school district, including the county board of
developmental disabilities or the educational service center in the event the
district delegates this responsibility.
(2) A school district
shall annually report information regarding its use of restraint and seclusion
to the Ohio department of education in the form and manner as prescribed by the
department. Failure to report may subject the school district to a corrective
action plan and/or a potential reduction in funding. A school district that
chooses to educate its student through a county board of developmental
disabilities or to an educational service center reports as
follows:
(a) Report all information on the use of restraint and
seclusion by the county board of developmental disabilities or educational
service center to the department; or
(b) Authorize the county board of developmental
disabilities or the educational service center to report information on the use
of restraint and seclusion directly.
(L) Complaint process. A parent may
choose to file a complaint with the Ohio department of education, office of
integrated student supports, in accordance with the complaint procedures
available and as outlined below. The term "school district" as used
in this rule means those entities listed in paragraph (A)(13) of this
rule.
(1) The parent forwards a
copy of the complaint to the school district serving the child at the same time
the party files the complaint with the Ohio department of
education.
(2) A sufficient
complaint includes the following:
(a) A statement that a school district has violated a
requirement of paragraphs (G) to (K) of this rule;
(b) The facts on which the statement is based;
and
(c) The signature and contact information for the
parent.
(3) Timeline of the
complaint:
(a) The complaint must allege a violation that occurred not
more than one year prior to the date that the complaint is
received.
(b) The Ohio department of education, office of integrated
student supports has a time limit of ninety days after the complaint is filed
to:
(i) Provide the school
district with the opportunity to respond to the parent, including, at the
discretion of the school district, a proposal to resolve the
complaint;
(ii) Give the parent the
opportunity to submit additional information, either orally or in writing,
about the allegations of the complaint;
(iii) Review all relevant
information and make an independent determination as to whether the school
district is violating a requirement;
(iv) Carry out an
independent investigation, whether on-site or off-site, if the Ohio department
of education determines that an investigation is needed;
(v) Issue a written
decision to the complainant that addresses each allegation in the complaint and
contains findings of fact and conclusions and the reasons for the Ohio
department of education's final decision.
(4) This rule does not
limit the ability of a parent of a student with a disability to file a
complaint under any other provision of law.
