RESTRAINT AND SECLUSION. Indiana State University School Law Conference April 10, 2013 Lisa F. Tanselle, Staff Attorney Indiana School Boards Association. HISTORY.
Indiana State University
School Law Conference
April 10, 2013
Lisa F. Tanselle, Staff Attorney
Indiana School Boards Association
(1) Statement that positive behavioral interventions will be used first.
(2) Statement that behavioral interventions will be consistent with behavioral intervention plans or individualized education plans, if applicable
(3) Statement that restraint and seclusion will be used as a last resort and when there is an imminent risk of injury
(4) Statement that restraint and seclusion will be used for only a short period of time
(5) Documentation of every incident and employee responsibilities
(6) Notification to parents, including sending a written report of incident
(7) Required recurrent training for designated employees
A special education teacher’s action in flicking a student’s tongue, after twice telling the student to put her tongue back in her mouth, was neither cruel nor excessive and was reasonable to control the student’s behavior. Teacher was not guilty of battery, as charged by the State.
Use of a Rifton chair was neither an unreasonable use of force nor based on an unreasonable belief that the action was necessary to protect the student and others. Therefore, the teacher’s conduct was within her duties as a teacher to manage a classroom and entitled her to statutory qualified immunity.
Teacher’s restraint of student on a school bus was in accordance with the student’s IEP; teacher was certified in Crisis Prevention Intervention and trained in the use of de-escalation techniques; student was at risk of harming himself or others; teacher’s decision to place student on her lap and hold student’s arms at his side did not violate Article 7