The Lyme School • Lyme, New Hampshire
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Policy Manual

Policy: JDA-3
Use of Restraints


It is the policy of the Lyme School District to limit the use of child restraint practices in the District, to prohibit the use of child restraint techniques that may endanger students, and to comply with New Hampshire state law establishing restrictions on the use of physical restraint of children in schools and treatment facilities (RSA 126-U).

I. Definitions:
a. “Restraint,” as used below, includes physical restriction, mechanical devices, or any device that unreasonably limits freedom of movement, including medication used to control behavior in an emergency.

“Restraint” shall not include:

  1. Holding a child to calm or comfort the child; holding a child’s hand or arm to escort the child safely from one area to another; or intervening in an ongoing assault or fight.
  2. Brief periods of physical restriction by person-to-person contact, without the aid of medication or mechanical restraints, accomplished with minimal force and designed either to prevent a child from completing an act that potentially would result in physical harm to himself or herself or to another person, or to remove a disruptive child who is unwilling to leave an area voluntarily.
  3. Physical devices, such as orthopedically prescribed appliances, surgical dressings and bandages, and supportive body bands, or other physical holding when necessary for routine physical examinations and tests or for orthopedic, surgical, and other similar medical treatment purposes, or when used to provide support for the achievement of functional body position or proper balance, or to permit a child to participate in activities without the risk of physical harm.
  4. The use of seat belts, safety belts, or similar passenger restraints during the transportation of a child in a motor vehicle.
  5. The use of force by a person to defend himself/herself or a third party from what the he/she reasonably believes to be the imminent use of unlawful force by a child, when the actor uses a degree of such force which he/she reasonably believes to be necessary for such purpose.


b. “Medication restraint” occurs when a child is given medication involuntarily for the purpose of immediate control of the child’s behavior.

c. “Mechanical restraint” occurs when a physical device or devices are used to restrict the movement of a child or the movement or normal function of a portion of his or her body.

d.. “Physical restraint” occurs when a manual method is used to restrict a child’s freedom of movement or normal access to his or her body.

II. Procedures for Managing The Behavior of Students:
The Superintendent is authorized to establish procedures for managing the behavior of students. Such procedures shall be consistent with this policy and all applicable laws. The Superintendent is further authorized to establish any other procedures necessary to implement this policy and other legal requirements.

III. Circumstances in Which Restraint May Be Used:
Restraint may be used only when the physical action of a student creates a substantial risk of harm to self or others, and/or as a last resort when all other positive interventions have failed, or the level of immediate risk prohibits exhausting other means of restraint.

Restraint is appropriate only when a student is displaying physical behavior that presents substantial risk to the student or others, and when, in the opinion of the supervising adult, the threat is imminent. Persons implementing restraint shall use extreme caution, and shall use the least amount of restraint necessary to protect the student and others. The use of restraint should not exceed that necessary to avoid injury. The degree of restraint employed shall be in proportion to the circumstances of the incident and the potential consequences. School administration may elect to contact the local law enforcement agency for support if necessary.

Restraint shall be used only when necessary to maintain physical safety of a student and others until the student is able to maintain safe behaviors. It should last only as long as is necessary to accomplish this. To the extent possible, it will be conducted in such a way as to preserve the privacy and dignity of all involved.

Except in an emergency, restraint should be implemented only by trained persons authorized by the Superintendent, Special Education Administrator, Principal, or his/her designee. Untrained staff may physically intervene only by using the minimal amount of physical contact with the student necessary to protect the student and ensure the safety of others. Untrained staff should request assistance from trained staff as soon as possible.

IV. Authorization and Monitoring of Extended Restraint:
Restraint shall not be imposed for longer than is necessary to protect the student or others from the substantial and imminent risk of serious bodily harm.
Students in restraint shall be continuously and directly observed by district personnel trained in the safe use of restraint.
No period of restraint of a student may exceed 15 minutes without the approval of an administrator.
No period of restraint of a student may exceed 30 minutes unless a face-to-face assessment of the mental, emotional, and physical well-being of the student is conducted. The assessment shall also include a determination of whether the restraint is being conducted safely and for a purpose authorized by this chapter. Such assessments shall be repeated at least every 30 minutes during the period of restraint. Each such assessment shall be documented in writing and such records shall be retained by the facility or school as part of the written notification required in RSA 126-U:7, II.

V. Prohibition of Dangerous Restraint Techniques
Use of the following restraint and behavior control techniques is strictly prohibited:

a. Any physical restraint or containment technique that:

  1. obstructs a child’s respiratory airway or impairs the child’s breathing or respiratory capacity or restricts the movement required for normal breathing;
  2. places pressure or weight on, or causes the compression of, the chest, lungs, sternum, diaphragm, back, or abdomen of a child;
  3. obstructs the circulation of blood;
  4. involves pushing on or into the child’s mouth, nose, eyes, or any part of the face or involves covering the face or body with anything, including soft objects such as pillows, blankets, or washcloths; or
  5. endangers a child’s life or significantly exacerbates a child’s medical condition.

b. The intentional infliction of pain, including the use of pain inducement to obtain compliance.

c. The intentional release of noxious, toxic, caustic, or otherwise unpleasant substances near a child for the purpose of controlling or modifying the behavior of or punishing the child.

d. Any technique that unnecessarily subjects the child to ridicule, humiliation, or emotional trauma.

VI. Reporting Requirements and Parental Notification:
In the event physical restraint is used on a student, staff members shall notify the Principal immediately and complete a written incident report. Upon receiving the report, the Principal shall make every reasonable effort to verbally notify the student’s parents/guardian.

The Principal shall submit a written notification or report to the Superintendent as soon as possible after the occurrence. The notification shall contain all the requirements and information as mandated by RSA 126-U:7, II. The Superintendent may develop a reporting form or other documents necessary to satisfy these reporting requirements.

Unless prohibited by court order, the Superintendent shall, within 2 business days of receipt of the notification required in the above paragraph, send by first class mail to the child’s parent or guardian the information contained in the notification or report. Each notification or report prepared under this section shall be retained by the School for review in accordance with rules adopted under RSA 541-A by the State Board of Education and Department of Health and Human Services.

VII. Transportation:
The District shall not use mechanical restraints— with the exception of safety belts or other exceptions as noted in Sec. I.a., above— during the transportation of children unless case-specific circumstances dictate that such methods are necessary.

When a student is transported to a location outside the school, the Superintendent or designee shall ensure that all reasonable and appropriate measures consistent with public safety are made to transport or escort the student in a manner which:

a. prevents physical and psychological trauma;

b. respects the privacy of the child; and

c. represents the least restrictive means necessary to ensure the safety of the child.

When a student is transported using mechanical restraints, the Superintendent or designee shall document in writing the reasons for the use of such restraints.

 

Legal References
N.H. Rev. Stat. Ann. § 126-U (Limiting the Use of Child Restraint Practices in Schools and Treatment Facilities)

Statutory References
NH Administrative Rule 203.02
RSA 627:6,
Criminal Code
ADOPTED: 12 January 1995
REVISED: 26 May 2011