HLS 11RS-454 ORIGINAL
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underscored are additions.
Regular Session, 2011
HOUSE CONCURRENT RESOLUTI ON NO. 31
BY REPRESENTATIVE STIAES
BESE: Requests that the State Board of Elementary and Secondary Education make certain
revisions to guidelines for the use of seclusion rooms and restraint of students with
exceptionalities
A CONCURRENT RESOLUTI ON1
To urge and request the State Board of Elementary and Secondary Education to make certain2
revisions to guidelines for the use of seclusion rooms and restraint of students with3
exceptionalities.4
WHEREAS, as stated in the Constitution of Louisiana, it is the goal of the public5
educational system to provide learning environments and experiences at all stages of human6
development that are humane, just, and designed to promote excellence in order that every7
individual may be afforded an equal opportunity to develop to his full potential; and8
WHEREAS, R.S. 17:7(5)(b), as enacted by Act No. 698 of the 2010 Regular Session9
of the Legislature, requires the State Board of Elementary and Secondary Education (BESE)10
to prepare and adopt guidelines for the appropriate use of seclusion, physical restraint, and11
mechanical restraint of students with exceptionalities; and12
WHEREAS, pursuant to R.S. 17:7(5)(b), BESE prepared "Guidelines for the Use of13
Seclusion Rooms and Restraint of Students with Exceptionalities", and these guidelines are14
posted on the website of the state Department of Education; and15
WHEREAS, certain changes should be made to these guidelines in order to fulfill the16
state's constitutional duty of affording every student an equal opportunity to develop to his17
full potential.18 HLS 11RS-454 ORIGINAL
HCR NO. 31
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THEREFORE, BE IT RESOLVED that the Legislature of Louisiana does hereby1
urge and request the State Board of Elementary and Secondary Education to make the2
following revisions to the "Guidelines for the Use of Seclusion Rooms and Restraint of3
Students with Exceptionalities", as posted on the state Department of Education website as4
of April 18, 2011:5
Guidelines for the Use of Seclusion Rooms and Restraint 6
of Students with Exceptionalities7
Act No. 6988
Regular Session, 20109
Guideline 1. 10
Definitions. As used in these guidelines, the following terms shall have the11
meanings specified herein: 12
(a) "Imminent risk of harm" means an immediate and impending threat of a13
person causing substantial physical injury to self or others. Violent action14
that is destructive of property may involve a substantial risk of injury to a15
person. 16
(b) "Mechanical restraint" means any device or object used to limit a person's17
movement, except that a protective or stabilizing device used exclusively in18
accordance with the device manufacturer's intended purposes either ordered19
by a person appropriately licensed to issue the order for the device or20
required by law shall not be considered to be a mechanical restraint. This21
term does not include any device used by a law enforcement officer, campus22
police officer, or school security officer in carrying out law enforcement23
duties. 24
(c) "Physical restraint" means bodily force used to substantially limit a25
person's movement, except that consensual, solicited, or unintentional contact26
and contact to provide comfort, assistance, or instruction shall the holding of27
a student for less than five minutes in any given hour or class period by a28
staff person for the protection of the student or others; the brief holding of a29
student by one adult for the purpose of calming or comforting the student that30
does not prevent the student's freedom of movement or normal access to his31
body; minimal physical contact for the purpose of safely escorting a student32
from one area to another; and minimal physical contact for the purpose of33
assisting the student in completing a task or response should not be deemed34
to be physical restraint.35
(d) "Positive Behavior Interventions and Support" means a systemic36
approach to embed evidence based practices and data driven decision making37
to improve school climate and culture.38
(e) "School employees" means teachers, paraprofessionals, providers of39
related services, administrators, and support staff.40
(f) "Seclusion room" means a room or other confined area used on an41
individual basis in which a student with an exceptionality is removed from42
the regular setting for a limited time as a behavior intervention strategy to43
allow the student the opportunity to regain control in a private setting and44
from which the student is prevented from leaving the area. 45 HLS 11RS-454 ORIGINAL
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(g) "Student with an exceptionality" including a student with a disability, is1
any student who is evaluated according to state and federal regulation or2
policy and is deemed to have a mental disability, hearing impairment3
(including deafness), multiple disabilities, deaf-blindness, speech or language4
impairment, visual impairment (including blindness), emotional disturbance,5
orthopedic impairment, other health impairment, specific learning disability,6
traumatic brain injury, autism, or as deemed to be gifted or talented, and as7
a result requires special education and related services. A student with an8
exceptionality may include, as determined by the local education agency9
(LEA), a student experiencing developmental delay ages three through eight.10
(h) "Written Procedures" The LEA should develop written procedures11
regarding appropriate responses to student behavior that may require12
immediate intervention. Such procedures should be provided to school staff13
and made available to parents of enrolled students. Such procedures should14
include, but not be limited to, methods for preventing student violence,15
self-injurious behavior, and suicide, including de-escalation of potentially16
dangerous behavior occurring among groups of students or with an individual17
student. 18
Guideline 2. 19
Seclusion room (or "Quiet Room" or "Cool Down Room")20
Purpose: 21
A professional educator understands the importance of a safe and orderly22
environment conducive to teaching and learning. Seclusion is ineffective23
when used as a form of discipline or punishment, but can be effective as a24
planned behavior strategy. A behavior intervention strategy is one that is25
planned to support an individual through a targeted behavior change-not to26
punish the individual until they comply. and it should not be used as a threat27
to control, bully, or gain compliance of a student's behavior. Seclusion28
should only be used as a last resort when de-escalation attempts have failed29
and the student continues to pose an imminent threat to self or others.30
Procedures: 31
The LEA should develop written procedures so that the use of seclusion is32
consistent and planned in advance. Such procedures should include, but need33
not be limited to, what behaviors trigger the use of seclusion, which staff can34
make a determination that a particular student should be secluded, how35
parents will be notified, what data is are to be kept and where, and how the36
building principal and/or other administrators will be notified.37
Use/Restrictions: 38
• Seclusion should be used only for behaviors that are destructive to39
property and may involve a substantial risk of injury to a person,40
aggressive toward others or severely disruptive to the class41
environment. self or others. Such behaviors as general42
noncompliance, self-stimulation, and academic refusal can should be43
responded to with less stringent and restrictive techniques. The44
seclusion room should be used only as a last resort if and when less45
restrictive means of controlling behavior have proven ineffective46
failed to stop the dangerous or violent actions of the student (such as47
Positive Behavior Supports, constructive and non-physic al48
de-escalation, and re-structuring the environment). Seclusion or49
physical restraint should never be used as a punitive form of50 HLS 11RS-454 ORIGINAL
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discipline or as a threat to control, bully, or gain compliance of a1
student's behavior.2
• No student with an exceptionality should be subjected to3
unreasonable, unsafe, or unwarranted use of seclusion rooms.4
Therefore, a child should be placed in a seclusion room only as a5
behavior intervention strategy and not for purposes of discipline or6
punishment, or for the convenience of staff. 7
• A student with an exceptionality should not be placed in a seclusion8
room if the child is known to have any medical or psychological9
condition that a licensed health care provider has indicated, in a10
written statement that is provided to the school and that is on file with11
the school, precludes this action. 12
• A student with an exceptionality should not be placed in a seclusion13
room except by a school employee who has had training in the14
appropriate use of seclusion rooms, including getting a student to a15
seclusion room, placing a student in a seclusion room, and16
supervising a student while the student is in the room. 17
• While a student with a disability is in a seclusion room, the school18
employee who is supervising the student should have the ability to19
see and hear the student at all times. 20
• Not more than one student with an exceptionality should be placed21
in the same seclusion room at the same time.22
• A If a student shall not be is secluded or restrained, for more than the23
student should be continuously monitored. after the initiation of the24
seclusion except in extraordinary circumstances where an imminent25
threat of serious physical injury or death still exists as determined by26
trained school staff. Such monitoring shall be documented at least27
every fifteen minutes, and actions should be adjusted accordingly28
based on such monitoring.29
• Students with an exceptionality shall should be removed from30
seclusion as soon as the reasons justifying the use of seclusion31
subside.32
Notification: If a student is secluded, the parent must should be notified as33
soon as possible and in writing within 24 hours, and such notification should34
include along with the reason for seclusion, the seclusion procedures, the35
names and titles of staff involved, and the length of time for seclusion. 36
Size and characteristics37
• Each seclusion room to be used for any particular child should be of38
a size that is appropriate to the student's chronological and39
developmental age, size, and behavior. 40
• Each seclusion room should have a ceiling height that is comparable41
to the ceiling height of the other rooms in the building in which it is42
located and should be equipped with heating, cooling, ventilation,43
and lighting systems that are comparable to the systems that are in44
use in the other rooms of the building in which it is located. 45 HLS 11RS-454 ORIGINAL
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• Each seclusion room should be free of any object that poses a danger1
to the student with an exceptionality who is being placed in the room.2
• Any seclusion room should not be locked while in use with a student3
with an exceptionality. In the event that a student and staff person4
struggle to the point of a student escaping the room and being5
considered a serious threat, additional staff persons should be called6
for assistance.7
• A seclusion room should have an observation window.8
Guideline 3. 9
Physical restraint and mechanical restraint10
Purpose:11
Restraint should be used only if a student presents a threat of imminent risk12
of harm to self or others and only as a last resort to protect the safety of all13
involved.14
Written Policy:15
The LEA should develop policy regarding restraint that provides a16
description and explanation of the method(s) of physical restraint, a17
description of training requirements, reporting requirements and follow-up18
procedures, and a procedure for receiving and investigating complaints19
regarding restraint practices.20
Use/Restrictions:21
• A student with an exceptionality should not be subjected to any form22
of mechanical restraint.23
• No school employee should use physical restraint on any student with24
an exceptionality except in accordance with the written policy of the25
LEA. 26
• No student with an exceptionality should be subjected to27
unreasonable, unsafe, or unwarranted use of physical restraint. Only28
the degree of restraint necessary to stop dangerous behavior should29
be used.30
• Physical restraint should not be used for discipline, punishment, or31
the convenience of staff.32
• A school employee should use physical restraint on a student with an33
exceptionality only if the student's behavior presents an imminent34
risk of harm. 35
• Each school employee applying physical restraint should use a36
method of physical restraint in which the employee has received37
training and should apply the physical restraint in a manner that is38
proportionate to the circumstances and to the student's size and age39
and the severity of the student's behavior. 40
• A student with an exceptionality should not be physically restrained41
if the child is known to have any medical or psychological condition42
that a licensed health care provider has indicated, in a written43 HLS 11RS-454 ORIGINAL
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statement that is provided to the school and that is on file with the1
school, precludes this action. 2
• A student with an exceptionality should not be physically restrained3
except by a school employee who has had training in the appropriate4
use of physical restraint. 5
• School employees should be provided training in crisis intervention6
methods that include verbal de-escalation procedures, using an7
appropriate method of physical restraint and in determining the8
circumstances in which the use of physical restraint is appropriate.9
Staff utilizing restraints should receive intensive, nationally10
recognized training in the use of seclusion or physical restraints.11
Training should include:12
(1) A continuum of prevention techniques, including13
evidence-based techniques shown to be effective in the prevention of14
physical restraint.15
(2) Evidence-based techniques shown to be effective16
in keeping both school personnel and students safe when17
imposing physical restraint.18
(3) Evidence-based skills training that involves19
positive behavioral interventions and supports, safe physical20
escort, conflict prevention, understanding antecedents,21
de-escalation, and conflict management.22
(4) First aid and cardiopulmonary resuscitation.23
(5) Environmental management.24
(6) A continuum of de-escalation techniques.25
(7) Nationally recognized physical management and26
restraint practices, including but not limited to techniques that27
allow restraint in an upright or sitting position and28
information about the dangers created by prone restraint.29
(8) Methods to explain the use of restraint to the30
student who is to be restrained and to his family.31
(9) Appropriate documentation and notification32
procedures.33
(10) Training and certification for school personnel34
in these techniques and skills which shall occur at a frequency35
determined by the local school district or the program36
utilized.37
• A student shall should not be secluded or restrained for more than38
fifteen minutes after the initiation of the restraint except in39
extraordinary circumstances where an imminent threat of serious40
physical injury or death still exists as determined by trained school41
staff.42
• Students with an exceptionality shall should be released from43
physical restraint as soon as the reasons justifying the use of physical44
restraint subside.45
• Physical restraints shall should be used so as not to cause physical46
injury to the student and so as to cause the least possible discomfort.47
Restraints should not be used in a way that interferes with breathing48
or communicating. Caution should be used when using prone49
restraints.50
Notification:51 HLS 11RS-454 ORIGINAL
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If a child is physically restrained, the parent must should be notified as soon1
as possible and in writing within 24 hours, and such notification should2
include along with the reason for using physical restraint, the restraint3
procedures, the names and titles of the staff involved, and the length of time4
the child was physically restrained. The director or supervisor of special5
education should be notified when a child is restrained.6
Guideline 4. 7
Revision of a Student's Functional Behavioral Assessment (FBA) and8
Behavior Intervention Plan (BIP)9
An FBA should be considered whenever a student is secluded or restrained.10
Any For any student subject to the use of seclusion or physical restraint on11
more than one occasion in a semester shall have a new FBA conducted12
within ten days and a BIP written or modified within days of the completion13
of the FBA that specifically prioritizes the use positive behavior14
interventions and supports. Progress monitoring at regular, frequent15
intervals shall be a specific component of the new or revised BIP. The PBIS16
team leader and behavior specialist assigned at the student's school shall17
actively participate in the FBA and drafting of the BIP. and whose behavior18
continues or escalates, the data should be reviewed at least every three19
weeks. If the FBA already includes the target behavior for which the student20
has been secluded or restrained, the FBA should be updated. If the behaviors21
are of high frequency and serious intensity, the Behavioral22
Support/Intervention Plan should be updated to reflect that adequate levels23
of intervention are occurring and being appropriately implemented. Data24
should reflect adequate progress monitoring. 25
Guideline 5. 26
Seclusion rooms and physical restraint--- reports and notification. 27
• When any student with an exceptionality is placed in a seclusion28
room or is subjected to physical restraint, the procedures for parental29
notification should be implemented. 30
• As soon as possible after use of the seclusion room or physical31
restraint, the school employee who used the seclusion room or32
physical restraint, or an employee who witnessed its use, should33
document the use of the seclusion room or the physical restraint.34
This documentation should be completed no later than the school day35
following the day on which the seclusion room or physical restraint36
is used, and a copy of the documentation provided to the parent of the37
student when the documentation is completed.38
•Notification: If a child is secluded or restrained, the parent should be39
notified as soon as possible and in writing within 24 hours, and such40
notification should include the reason for using seclusion or physical41
restraint, the seclusion or restraint procedures, the names and titles of42
the staff involved, and the length of time the child was secluded or43
physically restrained. The director or supervisor of special education44
should be notified when seclusion or restraint is used.45
Guideline 6.46
Oversight47
• The LEA should develop an oversight policy to implement the48
restraint and seclusion guidelines. The policy may include forming49
a school or district committee to review restraint and seclusion data,50 HLS 11RS-454 ORIGINAL
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such as frequency of use of restraint and seclusion, and to review1
interventions and their effectiveness.2
• The committee should include a central office administrator such as3
the director/supervisor of special education, the LEA's PBIS4
coordinator, the students and parents (when confidentiality is not an5
issue), the school principal, mental health professionals who work6
with the child, regular and special education teachers. and other7
members of IEP teams.8
• The state Department of Education will develop and implement a9
technical assistance and training program to be offered to all LEA10
staff, parents, advocates, and other appropriate groups.11
BE IT FURTHER RESOLVED that copies of this Resolution be transmitted to the12
president of the State Board of Elementary and Secondary Education and to the state13
superintendent of education.14
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Stiaes HCR No. 31
Requests that the State Bd. of Elementary and Secondary Education make certain revisions
to guidelines for the use of seclusion rooms and restraint of students with exceptionalities.