Section J
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- Policies by Section
- JB: Equal Education Opportunities
- JE: Student Attendance
- JEB: Entrance Age
- JEC: School Admission
- JECAA: Admission of Students Experiencing Homelessness
- JECB: Interdistrict Open Enrollment
- JECBC: Admission of Students From Non-chartered or Home Schooling
- JECBD: Intradistrict Open Enrollment
- JECE: Student Withdrawal from School
- JEE: Missing and Absent Students
- JFB: Student Advisory Committees
- JFCF: Student Harassment, Intimidation and Bullying
- JFE: Pregnant Students
- JFG: Searches and Seizures
- JHCA: Physical Examinations of Students
- JHCB: Immunizations
- JHCC: Contagious Diseases
- JHCD: Administering Medicines to Students
- JHF: Student Safety
- JHG: Reporting Child Abuse and Mandatory Training
- JHH: Notification About Sex Offenders
- JN: Student Fees, Fines, and Charges
- JO: Student Records
- JOA: Student Surveys & Non-Emergency Examinations or Screenings
- JP: Positive Behavioral Interventions and Supports (Restraint and Seclusion)
- Cleveland Metropolitan School District
- JP: Positive Behavioral Interventions and Supports (Restraint and Seclusion)
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JP: Positive Behavioral Interventions and Supports (Restraint and Seclusion)
Policy
Positive Behavior Intervention Supports
The Board directs the Chief Executive Officer or designee to develop a Positive Behavior Interventions and Supports (PBIS) system consistent with the components outlined in the Ohio Board of Education’s policy on positive behavior interventions and supports.
Prohibited Practices
The District does not engage in practices prohibited by State law, including:
- Prone restraint
- Any form of physical restraint that involves the intentional, knowing, or reckless use of any technique that
- Involves the use of pinning down a student by placing knees to the torso, head, or neck of the student;
- Uses pressure point, pain compliance, or joint manipulation techniques
- Involves techniques causing unnecessary pain
- Corporal punishment
- Child endangerment
- Deprivation of basic needs
- Seclusion and restraint of preschool children
- Chemical restraint
- Mechanical restraint
- Does not include devices used by trained school personnel or a student for specific and approved therapeutic or safety purposes
- Aversive behavioral interventions
- Seclusion in a locked room or area
Restraint
Physical restraint may not be used as a form of punishment or discipline or as a substitute for other less restrictive means of assisting a student in regaining control. In addition, the District prohibits the use of prone restraint.
An employee may only use restraint:
- If a student’s behavior poses an immediate risk of physical harm to the student or others and no other safe or effective intervention is available
- If the physical restraint does not interfere with the student’s ability to breathe
- If the physical restraint does not interfere with the student’s ability to communicate in the student’s primary language or mode of communication
- If they received training in safe restraint techniques
- Except in the case of rare and unavoidable emergencies when trained personnel are not immediately available.
Seclusion
An employee may not use seclusion as a form of punishment or discipline, for staff convenience, or as a substitute for other less restrictive means of assisting a student in regaining control.
An employee may only use seclusion:
- If a student’s behavior poses an immediate risk of physical harm to the student or others and no other safe or effective intervention is available
- For the minimum amount of time necessary to protect the student and others from physical harm
- In a room or area that is not locked and does not preclude the student from exiting the area should the staff member become incapacitated or leave
- The room or area should provide adequate space, lighting, ventilation, and the ability to observe the student
- Under the constant supervision of trained staff able to detect indications of physical or mental distress that require removal or immediate medical assistance and who document their observations of the student
Repeated Dangerous Behaviors
The District conducts functional behavioral assessments for students who repeatedly engage in dangerous behavior that leads to instances of restraint or seclusion to identify students’ needs and more effective ways of addressing those needs. In addition, the school creates behavioral intervention plans that incorporate appropriate positive behavioral interventions when necessary.
Training and Professional Development
The District trains an appropriate number of personnel in each building in crisis management and de-escalation techniques. The District maintains written or electronic documentation of provided training and lists of participants in each training session.
The District annually trains all student personnel on policies and procedures regarding restraint and seclusion.
The Board directs the Chief Executive Officer or designee to develop a plan for any necessary training of student personnel to implement PBIS on a system-wide basis.
Data and Reporting
An employee must immediately report each incident of seclusion or restraint to the principal and the student’s parent. The school documents each incident of seclusion or restraint in a written report made available to the student’s parent within 24 hours. The District maintains written reports of seclusion or restraint. These reports are educational records under the Family Education Rights and Privacy Act (FERPA).
The District annually reports information concerning the use of restraint and seclusion to the Ohio Department of Education as requested.
Monitoring and Complaint Processes
The Board directs the Chief Executive Officer or designee to establish a procedure to monitor the implementation of this policy.
The Board directs the Chief Executive Officer or designee to establish District complaint procedures, which include a:
- Procedure for parents or guardians to present complaints to the Chief Executive Officer to initiate a complaint investigation by the District regarding incidents of restraint or seclusion
- Requirement that the District respond to parents in writing within 30 days of a complaint regarding restraint and seclusion
The District annually notifies parents and guardians of the District’s seclusion and restraint policies and procedures. The District also posts the policy on the District website.
History
- Adopted: June 24, 2014
- Amended: June 28, 2022
Legal References
- Ohio Revised Code Section 2919.22
- Ohio Revised Code Section 3301.68
- Ohio Revised Code Section 3319.237
- Ohio Revised Code Section 3319.41
- Ohio Revised Code Section 3319.46
- Ohio Revised Code Section 3326.11
- Ohio Revised Code Section 3328.24
- Ohio Administrative Code 3301-35-15
- Ohio Administrative Code 3301-37-10