E. School Discipline Under IDEA


		F. Restraint and Seclusion

Letter from the Secretary of Education, July 31, 2009, available here (viewed Feb. 19, 2011).		Nationally, restraint and seclusion techniques in schools have become issues of concern, because of cases of abuse and even death of children.
Government Accountability Office, Seclusions and Restraints, May 19, 2009, available here (viewed Feb. 19, 2011).		The Government Accountability Office issued a lengthy report on seclusions and restraints and some of the problems.
1 CCR 301-45, 2620-R-2.00(6).		Colorado has developed rules governing the use of seclusion or restraint. Restraint is defined as "any method or device used to involuntarily limit freedom of movement." This may include physical force, mechanical devices, chemical restraints, and seclusion.
2620-R-2.00(6)a).		Chemical restraints does not include regular prescription medication or medication for life-saving procedures.
2620-R-2.00(6)(b).		Mechanical restraints includes physical devices that restrict bodily movement, but not devices agreed to by the IEP team and used in accordance with an IEP or 504 plan.
2620-R-2.00(6)(c).		Physical restraint means the use of bodily, physical force, but does not include: holding a student for less than five minutes by a staff person for the protection of the student or others; brief holding for calming or comforting; or minimal physical contact for guidance or assistance.
2620-R-2.00(6)(d).		Seclusion means placing a student alone in a room from which the student cannot voluntarily leave. It does not mean time-out, where the student is not physically prevented from leaving. Some argue that it does include blocking a student from leaving a room, even when the door is not locked, if the staff person is just outside the room.
2620-R-2.03.		Staff must be adequately trained on restraint and seclusion practices.
2620-R-2.04.		If restraint might be used with a student, the school must notify the parents in writing and discuss the plan. If restraints are used, the school must verbally notify the parents the same day and submit a written report that includes certain required information within one school day.
2620-R-2.01(2).		Restraints are to be used in emergencies if less restrictive alternatives fail. This means they should be used for safety issues when a student is violent or dangerous. They must never be used as punishment or in an effort to gain compliance.
2620-R-2.01.		They should be used only for the time necessary and with the minimum force necessary.
2620-R-2.02(d).		If a student must be secluded, the student must have bathroom breaks and be in a safe and reasonably lighted and ventilated area.
2620-R-2.02(a) and (b).		When used, restraints may not impede breathing or place excess pressure on a student's back or chest. The student should have the opportunity to stop the violent or dangerous behavior that is causing the restraint. The student must be monitored for physical safety. Schools cannot use chemical restraints. In schools, only armed security guards may use mechanical restraints.