11/2/10 J. Herb Restraint Report Form in PDF
02/03/11 D. Gilmer POP PBis website in DOC
02/03/11 D. Gilmer Useful S & R website in DOC
02/22/11 B. Gunn SWIS Incident Referral Form in DOC
02/22/11 B. Gunn Significant Incident Report in DOC
02/22/11 B. Gunn Intervention Documentation in DOC
02/22/11 B. Gunn Developing FBA & BIP using SWIS in PPT
02/22/11 B. Gunn Revision of CIT Programs in PDF
02/22/11 A. Marchese Therapeutic Restraint Form in DOC
02/24/11 D. Davis TACSE - Preventing the Use of Restraint and Seclusion with Young Children in PDF
02/24/11 D. Davis
Oprah 7 year old tried to kill mother in DOC
NJ PTSD Restraint and Families
02/24/11 D. Davis Falmouth Procedures on Time Out Rooms and Therapeutic Restraint in PDF
02/24/11 D. Davis Falmouth Policv on Time Out Rooms and Therapeutic Restraint in PDF
02/24/11 D. Butler CIT Review of Restraints in Schools in PDF
02/27/11 D. Gilmer Oregon Bill Ban of Most S & R in DOC
03/07/11 D. Davis Managing with the brain in mind in PDF
03/07/11 D. Gilmer GAO 1999 S & R risks unknown in PDF
03/09/11 D. Davis CCBD July 09 Restr in Schools 19 pgs in PDF
03/22/11 Restraint and Seclusion in Schools 21 questions and Answers in PDF
03/23/11 D. Davis CCBD July 09 Restr in Schools 21 pgs in PDF
03/23/11 Regulations Governing Behavioral Support, Modification and Management for People with Intellectual Disabilities in Maine in DOC
03/23/11 Significant Incident Report in DOC
03/24/11 Regulations Governing Behavioral Support, Modification and Management for People with Intellectual Disabilities in Maine in RTF
04/04/11 J. Kimball How Long is a Minute in PDF
04/08/11 HR Bill on Restraint in PDF
04/09/11 Oregon House passes R & S bill
05/10/11 Shouldn't School Be Safe in PDF
05/12/11 D. Smith Sources of Legal Authority in DOC
05/12/11 D. Smith Sources of Legal Authority Examples in DOC
06/06/11 D. Friedman Rulemaking Process Summary in DOC
06/13/11 D. Davis The Children's Health Act of 2000
09/08/11 Panel Calls On Feds To Limit Restraint, Seclusion
09/08/11 SAMSHA's "Making the Business Case for Preventing & Reducing R/S Use" - PDF
From pg 13. "The Costs Associated with Reducing R & S"
"Since the beginning of the national initiative, many organizations have reduced the use of restraint and seclusion with little to no additional fiscal resources (Huckshorn, 2006; LeBel et al., 2004; Smith et al., 2005). Weiss and colleagues (1998) reported, "…with strong leadership, the physical restraint of patients can be minimized—indeed, nearly eliminated—safely and without exorbitant cost." Likewise, the GAO found:
…training in alternatives to restraint and seclusion and maintaining adequate staff levels are costly, but they can save money in the long run by creating a safer treatment and work environment…. Staff training has been found to save the State money by directly reducing the frequency of restraint-related staff injuries, which represent costs of sick leave and overtime payments for staff to cover the shifts (GAO, 1999a, p. 21).
Successful organizations typically reallocate dollars to support an initiative to reduce the use of restraint and seclusion (LeBel et al., 2004; NASMHPD, 2009). In general, the costs identified by programs that have reduced the use of restraint and seclusion include (1) purchasing or implementing training curricula to promote practice change (e.g., models of care, crisis prevention, dispute resolution, etc.); (2) increasing staff supervision; and (3) training staff (e.g., compensating staff to attend or cover for those being trained, trainer costs, training costs [venue, food, technology, materials]) (GAO, 1999a; NASMHPD, 2009; Ohio Legal Rights Service [O], 2003). "
09/28/2011 - This letter from Council of Administrators of Special Education is very interesting & relevant. http://www.casecec.org/Documents/9-13-11_Restraint_Seclusion_Legislation_Letter.pdf
Particularly:
"State law rather than federally established procedures (Section 4(g)(5)) should be followed in the enforcement of this act and in any investigations of child abuse and in allowing access to any educational records, personnel, or students involved in the investigation. States have existing agencies at the state and local levels who have established policies and procedures for investigating allegations of child abuse, developing action plans, monitoring implementation, and enforcement. These agencies should be responsible for the enforcement of this Act. Any further reporting requirements would be redundant and burdensome."
09/28/2011 - WDPI Directives for the Appropriate Use of Seclusion and Physical Restraint in Special Education Programs Directives for the Use of Seclusion
- Removing a student from the classroom activity to a seclusion room or area is a significant intervention. Moving or transporting an out-of-control student from one location to another is considered physical restraint. Please refer to #6 on page 9 of this document for further discussion on this topic. It is important to have other options for addressing inappropriate behavior, and these should be considered before seclusion is used. It is important, as with any behavioral intervention, to use the least restrictive intervention appropriate for the situation at hand. The focus for these directives is seclusion timeout as illustrated below:
You can see their entire directive here: http://dpi.wi.gov/sped/doc/secrestrgd.doc
10/03/2011 - Form: Physical Restraint/Seclusion (PR/S) Documentation in Word
Form: Log for Physical Restraint/Seclusion (PR/S) in Word
Federal
IDEA Court Case 04/14/09 in PDF
House Bill H.R. 4247 [Report No. 111-417] in PDF
04/08/11 HR Bill on Restraint in PDF
Anne Duncan guide for restraint & timeout in PDF
House Bill in PDF
06/13/11 D. Davis The Children's Health Act of 2000
09/08/11 SAMSHA's "Making the Business Case for Preventing & Reducing R/S Use" - PDF
09/12/11 Deb Davis draft of Seclusion and Restraint Legislation in PDF
Maine State
01/10/11 Governor's Executive Order regarding rules in PDF
Maine Revised Statutes 5 §8051
Maine Revised Statutes 20-A §4009
Maine Revised Statutes 17-A Sec. §106. Physical force by persons with special responsibilities
Department of Education Regulation 05-071 CMR Chapter 33 in DOC
Regulations Governing Behavioral Support, Modification and Management for People with Intellectual Disabilities in Maine in RTF
Administrative Letter #003 - Restraints Causing Restriction of the Airway
Administrative Letter #008 - UPDATE Administrative Letter No. 3 dated July 14, 2009
DHHS OCFS Behavior Support Management Policy in RTF
06/06/11 D. Friedman Rulemaking Process Summary in DOC
06/27/2011 An Act To Update and Improve Maine's Laws Pertaining to the Rights of Persons with Intellectual Disabilities
Maine Local
Falmouth Time Out and Restraint Policy in PDF
Falmouth Time Out & Restraint Procedure in PDF
Other Jurisdictions
October 2002 Guidelines for Using TimeOut In Schools in PDF
04/18/11 South Carolina Guidelines on the Use of Seclusion and Restraint in PDF
6/22/10 Nebraska Restraint-Seclusion Final Guidance Document in PDF
Oregon House passes R & S bill
Seclusion-Restraint Summary by State in PDF
08/16/2011 Connecticut Restraints and Seclusion in Public Schools
08/16/2011 Kansas Seclusion Restraint Guidelines
08/16/2011 Maryland Seclusion Restraint Guidelines in PDF
08/16/2011 Massachusetts Physical Restraint Regulations
08/16/2011 Oregon House Bill 2929 in PDF
08/16/2011 New Hampshire Rules for the Education of Children with Disabilities
08/16/2011 Vermont (Effective August 15, 2011)
The Rules: http://education.vermont.gov/new/pdfdoc/board/rules/4500.pdf
Supplemental Information including approved training programs and forms: http://education.vermont.gov/new/html/board/rules/4500.html
09/28/2011 - This letter from Council of Administrators of Special Education is very interesting & relevant. http://www.casecec.org/Documents/9-13-11_Restraint_Seclusion_Legislation_Letter.pdf
Particularly:
"State law rather than federally established procedures (Section 4(g)(5)) should be followed in the enforcement of this act and in any investigations of child abuse and in allowing access to any educational records, personnel, or students involved in the investigation. States have existing agencies at the state and local levels who have established policies and procedures for investigating allegations of child abuse, developing action plans, monitoring implementation, and enforcement. These agencies should be responsible for the enforcement of this Act. Any further reporting requirements would be redundant and burdensome."
09/28/2011 - WDPI Directives for the Appropriate Use of Seclusion and Physical Restraint in Special Education Programs Directives for the Use of Seclusion
- Removing a student from the classroom activity to a seclusion room or area is a significant intervention. Moving or transporting an out-of-control student from one location to another is considered physical restraint. Please refer to #6 on page 9 of this document for further discussion on this topic. It is important to have other options for addressing inappropriate behavior, and these should be considered before seclusion is used. It is important, as with any behavioral intervention, to use the least restrictive intervention appropriate for the situation at hand. The focus for these directives is seclusion timeout as illustrated below:
You can see their entire directive here: http://dpi.wi.gov/sped/doc/secrestrgd.doc
Priority of Source
