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Home > Rules & Legislation > Proposed Rule Changes > Chapter 33 > CBR Team Meetings > September 16, 2011 Reporting Handouts

Reporting

Vermont 4503.3 To the Superintendent.

The school administrator shall report the use of restraint or seclusion to the superintendent of the Supervisory Union whenever:

  1. There is death, injury or hospitalization to staff or student as a result of a restraint or seclusion; or
  2. An individual employee or contracted service provider has engaged in the use of physical restraint or seclusion three (3) separate times on one (1) or more students; or
  3. Physical restraint has been used for more than fifteen (15) minutes; or
  4. Any student has been restrained or secluded three (3) or more times per school year; or
  5. A student has been restrained or secluded more than once in a school day; or
  6. A student is restrained or secluded who is not on a behavioral intervention plan; or
  7. Restraint or seclusion has been used in violation of these rules, including the use of any prohibited form of restraint. Reports to the Superintendent shall be made within three school days of the incident that requires reporting and shall include all the information set forth in Rule 4504 required of a written record of each use of restraint or seclusion.

Vermont ANNUAL NOTIFICATION

Annually, at or before the beginning of the academic year, each school (defined in
4500.3(10)) shall inform all school personnel, and parents of students enrolled in the school of the policies pertaining to the use of physical restraint and seclusion and the intent to emphasize the use of positive behavioral interventions and supports and its intention to avoid the use of physical restraint or seclusion to address targeted student behavior.

Filing a Complaint

  1. A parent (as defined in 4500.3(13)) or school personnel may file a complaint regarding the use of restraint or seclusion at any time in accordance with school district policy.
  2. The complaint shall be in writing and shall be directed to the principal, director or administrator of the school in which the student participates.
    c. If the person filing the complaint is unable to submit the complaint in writing, the recipient of the complaint shall complete the form based on a verbal complaint. In this case, the complainant shall be provided with a copy of the complaint.

4507.2 Investigation

All complaints shall be investigated by the school or district and written findings issued within thirty (30) days;

4507.3 Unresolved Complaints

Unresolved complaints shall be directed to the superintendent of the Supervisory Union where the student resides in accordance with the school board’s established complaint process. A student on an individualized education plan (IEP) or Section 504 Plan may also use the dispute resolution options available under Rules 2365.1.4 – 2365.1.6, if appropriate.

4508 MONITORING AND CORRECTIVE ACTION

The commissioner of the Department of Education shall review reports received pursuant to Rule 4503.4 and identify those schools in need of additional training and, when those reports reflect an over-use of these interventions, shall direct the school to work with the department to develop a corrective action plan.

MA Reporting and Complaint Procedure

MA DESE regulations require verbal and written reports of certain types of
restraint. Forms developed by the Department of Elementary and Secondary
Education that may be used in meeting both the local and state reporting
requirements are posted on the Department’s Web site.

The regulations require that a report [603 CMR 46.06(5)] be filed with the
Department of Elementary and Secondary Education by a Massachusetts public
school district, charter school, collaborative education program and special
education day school approved under 603 CMR 28.09 within five (5) school
working days of the administration of the restraint when “a restraint has
resulted in a serious injury (requiring emergency medical intervention) to a
student or program staff member and/or when a restraint lasting for more
than twenty (20) minutes (an “extended restraint”) has been administered.”
This report requires notification to parents that a restraint of this nature
took place.