PA's Chapter 14 Regulations - Restraint and Seclusion Laws

The following is an excerpt from Chapter 14 Regulations which govern restraint and seclusion use in Pennsylvania schools.

§ 14.133. POSITIVE Behavior support.

(a) Positive, rather than negative, measures shall form the basis of behavior support programs to ensure that all students AND ELIGIBLE YOUNG CHILDREN shall be free from demeaning treatment and, THE USE OF aversive techniques or AND the inappropriate UNREASONABLE use of restraints. Behavior support programs SHALL include a variety of RESEARCH BASED PRACTICES AND techniques to develop and maintain skills that will enhance an individual student’s or ELIGIBLE young child’s opportunity for learning and self-fulfillment.

BEHAVIOR SUPPORT PROGRAMS AND PLANS SHALL BE BASED ON A FUNCTIONAL ASSESSMENT OF BEHAVIOR AND UTILIZE POSITIVE BEHAVIOR TECHNIQUES. WHEN AN INTERVENTION IS NEEDED TO ADDRESS PROBLEM BEHAVIOR, The THE types of intervention chosen for a particular student or ELIGIBLE young child shall be the least intrusive necessary.

THE USE OF RESTRAINTS IS CONSIDERED A MEASURE OF LAST RESORT, ONLY TO BE USED AFTER OTHER LESS RESTRICTIVE MEASURES, INCLUDING DE-ESCALATION TECHNIQUES, IN ACCORD WITH SUBSECTION (C)(2).

Restraints—
(i) Devices and techniques, that last longer than 30 consecutive seconds, designed and used to control acute [or], episodic [aggressive] behaviors [or to control involuntary movements or lack of muscular control due to organic causes or conditions. The term includes physical and mechanical restraints.], including aggressive or self injurious behaviors. Redirection or physical prompting as a teaching technique when a student does not exhibit active resistance is not considered a restraint. Devices, objects or techniques prescribed by a qualified medical professional for reasons of safety or for therapeutic or medical treatments are excluded from this definition.

THE APPLICATION OF PHYSICAL FORCE, WITH OR WITHOUT THE USE OF ANY DEVICE, FOR THE PURPOSE OF RESTRAINING THE FREE MOVEMENT OF A STUDENT’S OR ELIGIBLE YOUNG CHILD’S BODY. THE TERM RESTRAINT DOES NOT INCLUDE BRIEFLY HOLDING, WITHOUT FORCE, A STUDENT OR ELIGIBLE YOUNG CHILD IN ORDER TO CALM OR COMFORT HIM, GUIDING A STUDENT OR ELIGIBLE YOUNG CHILD TO AN APPROPRIATE ACTIVITY, OR HOLDING A STUDENT’S OR ELIGIBLE YOUNG CHILD’S HAND TO SAFELY ESCORT HER FROM ONE AREA TO ANOTHER.

(ii) Examples excluded from this definition include devices used for physical or occupational therapy, seatbelts in wheelchairs or on toilets for balance and safety, safety harnesses in buses, functional positioning devises or hand over hand assistance with feeding or task completion. EXCLUDED FROM THIS DEFINITION ARE HAND-OVER-HAND ASSISTANCE WITH FEEDING OR TASK COMPLETION AND TECHNIQUES PRESCRIBED BY A QUALIFIED MEDICAL PROFESSIONAL FOR REASONS OF SAFETY OR FOR THERAPEUTIC OR MEDICAL TREATMENT, AS AGREED TO BY THE STUDENT’S OR ELIGIBLE YOUNG CHILD’S PARENTS AND SPECIFIED IN THE IEP. DEVICES USED FOR PHYSICAL OR OCCUPATIONAL THERAPY, SEATBELTS IN WHEEL CHAIRS OR ON TOILETS USED FOR BALANCE AND SAFETY, SAFETY HARNESSES IN BUSES, AND FUNCTIONAL POSITIONING DEVICES ARE EXAMPLES OF MECHANICAL RESTRAINTS WHICH ARE EXCLUDED FROM THIS DEFITION, AND GOVERNED BY SUBSECTION (d).

(c) Restraints to control acute or episodic aggressive or self-injurious behavior may be used only when the student is acting in a manner as to be a clear and present danger to himself, to other students or to employees, and only when less restrictive measures and techniques have proven to be or are less effective. [The use of restraints to control the aggressive behavior of an individual student shall cause a meeting of the IEP team to review the current IEP for appropriateness and effectiveness. The use of restraints may not be included in the IEP for the convenience of staff, as a substitute for an educational program, or employed as punishment.]

(1) When there is evidence to suggest that the emergency use of restrictive procedures, such as restraints may be necessary to ensure a student’s safety or the safety of others, parental consent should be obtained. If a restrictive procedure is needed on an emergency basis, parents should be informed and consent for future uses be obtained within 10 school days following the need for the use of a restrictive procedure. The need for restrictive procedures for safety should be noted in the student’s IEP.

THE USE OF RESTRAINTS TO CONTROL THE AGGRESSIVE BEHAVIOR OF AN INDIVIDUAL STUDENT OR ELIGIBLE YOUNG CHILD SHALL CAUSE THE SCHOOL ENTITY TO NOTIFY THE PARENT OF THE USE OF RESTRAINT AND SHALL CAUSE A MEETING OF THE IEP TEAM WITHIN 10 SCHOOL DAYS OF THE INAPPROPRIATE BEHAVIOR CAUSING THE USE OF RESTRAINTS, UNLESS THE PARENT, AFTER WRITTEN NOTICE, AGREES IN WRITING TO WAIVE THE MEETING. AT THIS MEETING, THE IEP TEAM SHALL CONSIDER WHETHER THE STUDENT OR ELIGIBLE YOUNG CHILD NEEDS A FUNCTIONAL BEHAVIORAL ASSESSMENT, REEVALUATION, A NEW OR REVISED POSITIVE BEHAVIOR SUPPORT PLAN, OR A CHANGE OF PLACEMENT TO ADDRESS THE INAPPROPRIATE BEHAVIOR.

(2) The use of restraints to control the aggressive and self injurious behavior on the part of an individual student shall cause a meeting of the IEP team within 10 school days of the behavior causing the use of restraints unless the use of restraint was consistent with the explicit provisions of the existing IEP and that IEP remains current and appropriate for the student. At this meeting, the team shall consider whether the student needs a behavioral assessment, reevaluation, a new or revised behavior plan, or a change of placement to address the inappropriate behavior MAY ONLY BE INCLUDED IN A STUDENT’S OR ELIGIBLE YOUNG CHILD’S IEP WHEN:

(I) UTILIZED WITH SPECIFIC COMPONENT ELEMENTS OF POSITIVE BEHAVIOR SUPPORT;

(II) USED IN CONJUNCTION WITH THE TEACHING OF SOCIALLY ACCEPTABLE ALTERNATIVE SKILLS TO REPLACE PROBLEM BEHAVIOR;

(III) STAFF ARE AUTHORIZED TO USE THE PROCEDURE AND HAVE RECEIVED THE STAFF TRAINING REQUIRED; AND

(IV) THERE IS A PLAN IN PLACE FOR ELIMINATING THE USE OF RESTRAINT THROUGH THE APPLICATION OF POSITIVE BEHAVIOR SUPPORT.

(3) THE USE OF PRONE RESTRAINTS IS PROHIBITED IN EDUCATIONAL PROGRAMS. PRONE RESTRAINTS ARE THOSE IN WHICH A STUDENT OR ELIGIBLE YOUNG CHILD IS HELD FACE DOWN ON THE FLOOR.

(3) (4) The use of restraints may not be included in the IEP for the convenience of staff, as a substitute for an educational program, or employed as punishment.

(4) (5) School entities shall maintain and report data on the use of restraints as prescribed by the Secretary. THE REPORT SHALL BE REVIEWED DURING CYCLICAL COMPLIANCE MONITORING CONDUCTED BY THE DEPARTMENT.