49-10-1304. Isolation or restraint of student Reports and record.
(a) A student receiving special education services, as defined by § 49-10-102, may be restrained or isolated, only if the restraint or isolation is provided for in the student's individual education program, except that the student may be restrained or isolated in emergency situations, if necessary to assure the physical safety of the student or others nearby.
(b) (1) If school personnel impose restraints or isolation in an emergency situation, the school shall immediately contact appropriate school personnel who are designated under department rules to authorize the isolation or restraint. Such school personnel authorized by department rules shall see and evaluate the student's condition within a reasonable time after the intervention and the student's parent or guardian shall be notified, orally or by written or printed communication, the same day the isolation or restraint was used. School personnel shall be held harmless if reasonable effort has been made to comply with this subdivision (b)(1).
(2) If the student's individualized education program does not provide for the use of isolation or restraint for the behavior precipitating such action or if school personnel are required to use isolation or restraint over an extended period of time as determined by department rules, then an individual education program meeting shall be convened within ten (10) days following the use of the isolation or restraint. If the behavior precipitating such action also warrants a change of placement, the child will have all rights provided under applicable state and federal law.
(3) (A) School personnel may report a suspected crime by calling a law enforcement official;
(B) School personnel may file a juvenile petition against a student receiving special education, only after conducting a manifestation determination that results in a determination that the behavior that resulted in the act requiring disciplinary action was not caused by the student's disability; or
(C) A school resource officer (SRO) may, upon witnessing an offense, take the student into custody; however, this option is available only if the SRO is a deputy sheriff or police officer fully compensated by a law enforcement agency and not a school official.
(c) (1) School personnel who must isolate or restrain a student receiving special education services, as defined by § 49-10-102, whether or not the isolation or restraint was in a emergency situation or provided for in the student's individual education program, shall report the incident to the school principal or the principal's designee who shall record the use of the isolation or restraint and the facts surrounding such use. A copy of the record shall be made available at individual education program meetings and upon the request of the student's parent or legal guardian.
(2) If the school principal, other school personnel designated under department rules to authorize the isolation or restraint, or any person having knowledge of the isolation or restraint have reason to believe that the isolation or restraint was unreasonable, unsafe or unwarranted, and the isolation or restraint caused injury to the student, the incident shall be reported pursuant to § 37-1-403.
(3) School personnel shall remain in the physical presence of any restrained student and shall continuously observe a student who is in isolation or being restrained to monitor the health and well-being of the student.
49-10-1304. Isolation or restraint of student Reports and record.
(a) A student receiving special education services, as defined by § 49-10-102, may be restrained or isolated, only if the restraint or isolation is provided for in the student's individual education program, except that the student may be restrained or isolated in emergency situations, if necessary to assure the physical safety of the student or others nearby.
(b) (1) If school personnel impose restraints or isolation in an emergency situation, the school shall immediately contact appropriate school personnel who are designated under department rules to authorize the isolation or restraint. Such school personnel authorized by department rules shall see and evaluate the student's condition within a reasonable time after the intervention and the student's parent or guardian shall be notified, orally or by written or printed communication, the same day the isolation or restraint was used. School personnel shall be held harmless if reasonable effort has been made to comply with this subdivision (b)(1).
(2) If the student's individualized education program does not provide for the use of isolation or restraint for the behavior precipitating such action or if school personnel are required to use isolation or restraint over an extended period of time as determined by department rules, then an individual education program meeting shall be convened within ten (10) days following the use of the isolation or restraint. If the behavior precipitating such action also warrants a change of placement, the child will have all rights provided under applicable state and federal law.
(3) (A) School personnel may report a suspected crime by calling a law enforcement official;
(B) School personnel may file a juvenile petition against a student receiving special education, only after conducting a manifestation determination that results in a determination that the behavior that resulted in the act requiring disciplinary action was not caused by the student's disability; or
(C) A school resource officer (SRO) may, upon witnessing an offense, take the student into custody; however, this option is available only if the SRO is a deputy sheriff or police officer fully compensated by a law enforcement agency and not a school official.
(c) (1) School personnel who must isolate or restrain a student receiving special education services, as defined by § 49-10-102, whether or not the isolation or restraint was in a emergency situation or provided for in the student's individual education program, shall report the incident to the school principal or the principal's designee who shall record the use of the isolation or restraint and the facts surrounding such use. A copy of the record shall be made available at individual education program meetings and upon the request of the student's parent or legal guardian.
(2) If the school principal, other school personnel designated under department rules to authorize the isolation or restraint, or any person having knowledge of the isolation or restraint have reason to believe that the isolation or restraint was unreasonable, unsafe or unwarranted, and the isolation or restraint caused injury to the student, the incident shall be reported pursuant to § 37-1-403.
(3) School personnel shall remain in the physical presence of any restrained student and shall continuously observe a student who is in isolation or being restrained to monitor the health and well-being of the student.
49-10-1304. Isolation or restraint of student Reports and record.
(a) A student receiving special education services, as defined by § 49-10-102, may be restrained or isolated, only if the restraint or isolation is provided for in the student's individual education program, except that the student may be restrained or isolated in emergency situations, if necessary to assure the physical safety of the student or others nearby.
(b) (1) If school personnel impose restraints or isolation in an emergency situation, the school shall immediately contact appropriate school personnel who are designated under department rules to authorize the isolation or restraint. Such school personnel authorized by department rules shall see and evaluate the student's condition within a reasonable time after the intervention and the student's parent or guardian shall be notified, orally or by written or printed communication, the same day the isolation or restraint was used. School personnel shall be held harmless if reasonable effort has been made to comply with this subdivision (b)(1).
(2) If the student's individualized education program does not provide for the use of isolation or restraint for the behavior precipitating such action or if school personnel are required to use isolation or restraint over an extended period of time as determined by department rules, then an individual education program meeting shall be convened within ten (10) days following the use of the isolation or restraint. If the behavior precipitating such action also warrants a change of placement, the child will have all rights provided under applicable state and federal law.
(3) (A) School personnel may report a suspected crime by calling a law enforcement official;
(B) School personnel may file a juvenile petition against a student receiving special education, only after conducting a manifestation determination that results in a determination that the behavior that resulted in the act requiring disciplinary action was not caused by the student's disability; or
(C) A school resource officer (SRO) may, upon witnessing an offense, take the student into custody; however, this option is available only if the SRO is a deputy sheriff or police officer fully compensated by a law enforcement agency and not a school official.
(c) (1) School personnel who must isolate or restrain a student receiving special education services, as defined by § 49-10-102, whether or not the isolation or restraint was in a emergency situation or provided for in the student's individual education program, shall report the incident to the school principal or the principal's designee who shall record the use of the isolation or restraint and the facts surrounding such use. A copy of the record shall be made available at individual education program meetings and upon the request of the student's parent or legal guardian.
(2) If the school principal, other school personnel designated under department rules to authorize the isolation or restraint, or any person having knowledge of the isolation or restraint have reason to believe that the isolation or restraint was unreasonable, unsafe or unwarranted, and the isolation or restraint caused injury to the student, the incident shall be reported pursuant to § 37-1-403.
(3) School personnel shall remain in the physical presence of any restrained student and shall continuously observe a student who is in isolation or being restrained to monitor the health and well-being of the student.
