NC: HOUSE BILL 1032 to clarify the permissible use of seclusion and restraint in public schools and to provide for training in management of behavior

Also known as the "Deborah Greenblatt Act: http://www.ncga.state.nc.us/Sessions/2005/Bills/House/HTML/H1032v6.html

"§ 115C‑391.1. Permissible use of seclusion and restraint.

(a)It is the policy of the State of North Carolina to: "Treat all public school students with dignity and respect in the delivery of discipline, use of physical restraints or seclusion, and use of reasonable force as permitted by law.

Physical Restraint may be used in the following cirumstances:

1. As reasonably needed to obtain possession of a weapon or other dangerous objects on a person or within the control of a person.
2. As reasonably needed to maintain order or prevent or break up a fight.
3. As reasonably needed for self‑defense.
4. As reasonably needed to ensure the safety of any student, school employee, volunteer, or other person present, to teach a skill, to calm or comfort a student, or to prevent self‑injurious behavior.
5. As reasonably needed to escort a student safely from one area to another.
6. If used as provided for in a student's IEP or Section 504 plan or behavior intervention plan.
7. As reasonably needed to prevent imminent destruction to school or another person's property.

(2) Except as set forth in subdivision (1), physical restraint of students shall not be considered a reasonable use of force, and its use is prohibited.

Physical restraint shall not be considered a reasonable use of force when used solely as a disciplinary consequence.

Nothing in this subsection shall be construed to prevent the use of force by law enforcement officers in the lawful exercise of their law enforcement duties.

Mechanical restraint may be used in the following circumstances:

1. When properly used as an assistive technology device included in the student's IEP or Section 504 plan or behavior intervention plan or as otherwise prescribed for the student by a medical or related service provider.
2. When using seat belts or other safety restraints to secure students during transportation.
3. As reasonably needed to obtain possession of a weapon or other dangerous objects on a person or within the control of a person.
4. As reasonably needed for self‑defense.
5. As reasonably needed to ensure the safety of any student, school employee, volunteer, or other person present.

Except as set forth in subdivision (1) of this subsection, mechanical restraint, including the tying, taping, or strapping down of a student, shall not be considered a reasonable use of force, and its use is prohibited.

Nothing in this subsection shall be construed to prevent the use of mechanical restraint devices, such as handcuffs by law enforcement officers in the lawful exercise of their law enforcement duties.

Seclusion may be used in the following circumstances:

1. As reasonably needed to respond to a person in control of a weapon or other dangerous object.
2. As reasonably needed to maintain order or prevent or break up a fight.
3. As reasonably needed for self‑defense.
4. As reasonably needed when a student's behavior poses a threat of imminent physical harm to self or others or imminent substantial destruction of school or another person's property.
5. When used as specified in the student's IEP, Section 504 plan, or behavior intervention plan;

Seclusion Policy:
1. The student is monitored while in seclusion by an adult in close proximity who is able to see and hear the student at all times.
2. The student is released from seclusion upon cessation of the behaviors that led to the seclusion or as otherwise specified in the student's IEP or Section 504 plan.
3. The space in which the student is confined has been approved for such use by the local education agency.
4. The space is appropriately lighted.
5. The space is appropriately ventilated and heated or cooled.
6. The space is free of objects that unreasonably expose the student or others to harm.

Except as set forth in subdivision (1), the use of seclusion is not considered reasonable force, and its use is not permitted.

Seclusion shall not be considered a reasonable use of force when used solely as a disciplinary consequence.

Nothing in this subsection shall be construed to prevent the use of seclusion by law enforcement officers in the lawful exercise of their law enforcement duties.

Isolation is permitted as a behavior management technique provided that:
(1) The space used for isolation is appropriately lighted, ventilated, and heated or cooled.
(2) The duration of the isolation is reasonable in light of the purpose of the isolation.
(3) The student is reasonably monitored while in isolation.
(4) The isolation space is free of objects that unreasonably expose the student or others to harm.