Outline of the state of West Virginia
State
West Virginia
Limits use and includes comprehensive protections

Category
Restraint and Seclusion

Category
Restraint and Seclusion

State law requires districts to adopt policies limiting use of restraint and seclusion that include comprehensive student protections, including the provision of mandatory training for school personnel.

West Virginia Administrative Code 126-99. EXPECTED BEHAVIOR IN SAFE AND SUPPORTIVE SCHOOLS (4373)

Chapter 2 INAPPROPRIATE BEHAVIOR AND MEANINGFUL INTERVENTIONS AND CONSEQUENCES Section 5. Use of Restraint Restraint, reasonable force, may be used to prevent a student from hurting himself/herself or any other person or property. Behavior interventions and support practices must be implemented in such a way as to protect the health and safety of the student and others. When the use of physical restraint is necessary, the following guidelines must be followed: . shall be limited to the use of such reasonable force as is necessary to address the emergency; . shall not restrict breathing (e.g. prone restraint); place pressure or weight on the chest, lungs, sternum, diaphragm, back, neck, or throat; or cause physical harm;

. shall be discontinued at the point at which the emergency no longer exists;

. shall be implemented in such a way as to protect the health and safety of the student and others; and

. shall not deprive the student of basic human necessities.

Appropriate (intended use) utilization of mechanical restraints, such as seat belts or feeding tables, when applied for their intended purpose is not prohibited. The application of mechanical restraint is prohibited as an intervention or consequence for inappropriate behavior.

A core team of personnel in each school, including an administrator designee and any general or special education personnel likely to use restraint, must be trained annually in the use of:

. nationally recognized restraint process, and . current professionally accepted practices and Standard regarding behavior interventions and supports including prevention and de-escalation techniques.

Any non-trained personnel called upon to use restraint in an emergency must receive training within 30 days following the use of restraint if the principal determines the situation is likely to reoccur.

Comprehensive documentation and immediate notification of restraint usage is required.

Policy Type
Regulation

West Virginia Administrative Code 126-99. EXPECTED BEHAVIOR IN SAFE AND SUPPORTIVE SCHOOLS (4373)

Chapter 6: PROCEDURES FOR TAKING ACTION ON SUBSTANTIATED INAPPROPRIATE BEHAVIORS

Section 2. Guidelines for Specific Responses to Inappropriate Behavior

Suspension: The purpose of suspension is to protect the student body, school personnel and property, the educational environment, and the orderly process of the school. Suspension is considered a temporary solution to inappropriate behavior until the problem that caused the suspension is corrected. The length of a suspension should be short, usually one to three school days, but may extend to ten school days.

Policy Type
Regulation