The use of seclusion or physical restraint is considered to be an “emergency safety intervention (ESI)” and shall be used only when a student presents a reasonable and immediate danger of physical harm to the student or others with the present ability to effect such physical harm.
Restraint is defined to include the following:
1. “Chemical restraint” means the use of medication to control a student’s violent physical behavior or restrict a student’s freedom of movement. This term does not include prescribed treatments for a student’s medical or psychiatric condition by a person appropriately licensed to issue these treatments.
2. “Mechanical restraint” means any device or object used to limit a student’s movement. This term does not include those protective or stabilizing devices either ordered by a person appropriately licensed to issue the order for the device or required by law, any device used by a law enforcement officer in carrying out law enforcement duties, and seat belts and any other safety equipment when used to secure students during transportation.
3. “Physical restraint” means bodily force used to substantially limit a student’s movement, except that consensual, solicited, or unintentional contact and contact to provide comfort, assistance or instruction shall not be deemed to be physical restraint.
The use of chemical and mechanical restraint is prohibited, except as allowed in the above limited circumstances. Physical restraint may only be used when a student presents an immediate danger to self or others.
- Emergency Safety Interventions