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Resources

As Submitted (chrono)

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  

  1. 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

FAQs

03/22/11 Restraint and Seclusion in Schools 21 questions and answers in PDF

Forms

11/02/10 J. Herb Restraint Form in PDF

02/22/11 A. Marchese Therapeutic Restraint Form in DOC

02/22/11 B. Gunn SWIS Incident Referral Form in DOC

02/22/11 B. Gunn Significant Incident Report in DOC

Law & Policy

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  

  1. 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

Misc.

Bibliography of DOE materials on Seclusion and Restraint in DOC

Checklist for Policies and Procedures in PDF

Office of Advocacy Intervention involving touching in PDF

04/04/11 J. Kimball How Long is a Minute 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

Notebook (initially)

01/27/11 Meeting Handout Bureau of Insurance Ground Rules in PDF

01/27/11 Minutes of Meeting Spear document in DOC

03/19/10 MADSEC Side by Side Comparison in PDF

ABAI 2010 Statement on Restraint and Seclusion in PDF

DHHS OCFS Behavior Support Management Policy in DOC

CEC Policy R & S in Schools in PDF

DRC Comments November 8, 2010 Final in PDF

Legal Issues S & R in Public Schools in PDF

OCFS Final Residential Program Standards 03/03/09 in DOC

Old Town Regional Project in PDF

OSEP Considerations of S & R use in School Wide PBS in PDF

Risks of Restraints in PDF

Significant Incident Report in DOC

DHHS OCFS Behavior Support Management Policy in DOC

Organizations

03/07/11 D. Davis CCBD July 09 Restraint in School in PDF

School-Based Behavioral Health Professional Course Book 28 Hr. Curriculum in PDF

The Use of Physical Restraint Procedures in School Settings in PDF

09/08/11 Panel Calls On Feds To Limit Restraint, Seclusion