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.
4 Alaska Administrative Code 06.175. Reporting restraint and seclusion incidents
Annually, not later than June 30, a governing body shall provide a report to the department that includes all data required under AS 14.33.125 (f). The governing body shall file the required report electronically in a format prescribed by the department, unless the governing body determines that the district does not have the capability of filing the report electronically in that format.
4 Alaska Administrative Code 06.177. Crisis intervention training programs
(a) The department will maintain a list of approved crisis intervention training programs. An approved program must
- (1) include training in all areas required under AS 14.33.127(a);
- (2) have a clear record of success in the prevention and safe use of physical restraint and seclusion;
- (3) have undergone a peer-review process or have otherwise been the subject of scholarly research; and
- (4) adequately address AS 14.33.127(a)(1) -- (3).
(b) In determining whether a crisis intervention training program meets the requirement under (a)(4) of this section, the department will consider whether the program
- (1) cautions against the use of mechanical or chemical restraint except as authorized by licensed and qualified medical personnel;
- (2) limits the use of restraint and seclusion to situations where the student's behavior poses imminent danger of serious physical harm to self or others;
- (3) requires discontinuation of restraint and seclusion as soon as the risk of serious harm dissipates;
- (4) includes policies restricting the use of restraint and seclusion for all students, regardless of whether a student has a disability;
- (5) emphasizes students' rights to be treated with dignity and be free from abuse;
- (6) forbids the use of restraint or seclusion as a punishment or disciplinary technique;
- (7) forbids the use of restraint or seclusion that restricts a student's breathing or otherwise harms the student;
- (8) requires that the repeated use of restraint and seclusion by one individual or in a particular classroom will trigger an automatic review;
- (9) requires the use of behavioral strategies that address the underlying cause or purpose of dangerous behavior;
- (10) requires that instances of restraint and seclusion be visually monitored to ensure the appropriateness of the intervention and the safety of the student and school staff;
- (11) requires notification of a student's parent or legal guardian regarding the governing body's restraint and seclusion policy and applicable federal, state, and local laws, and also requires that a student's parent or legal guardian be notified as soon as possible following each instance in which restraint or seclusion was used with the student; and
- (12) provides for the regular review of the governing body's restraint and seclusion policies and requires written documentation.
(c) Annually, the department will review the list of crisis intervention training programs approved under (a) of this section. The department will review whether currently approved programs continue to meet the requirements under (a) of this section and the availability of other training programs that warrant approval by the department.
Alaska ESSA Plan
This document includes a section that addresses the use of restraint and seclusion on students.
Alaska Statutes 14.33.120 School disciplinary and safety program.
(a) Each governing body shall adopt a written school disciplinary and safety program. The program required under this subsection must be made available to students, parents, legal guardians, and the public and include written
- (1) Standard for student behavior and safety that reflect community Standard and that include, at a minimum, basic requirements for respect and honesty; Standard required under this paragraph must be developed and periodically reviewed with the collaboration of members of each school, parents, legal guardians, teachers, and other persons responsible for the students at a school; a governing body may require that Standard developed under this paragraph be consistent for all schools in an attendance area or the district;
- (2) Standard relating to when a teacher is authorized to remove a student from the classroom for
- (A) failure to follow student behavior and safety Standard; or
- (B) behavior described under AS 14.30.045(1) or (2);
- (3) procedures for notifying teachers of dangerous students consistent with AS 47.12.310(b);
- (4) Standard relating to when a teacher, teacher’s assistant, or other person responsible for students is authorized to use reasonable and appropriate force to maintain classroom safety and discipline as described under AS 11.81.430(a)(2);
- (5) policies necessary to comply with provisions of state and federal law, including 20 U.S.C. 1400 — 1482 (Individuals with Disabilities Education Act);
- (6) Standard to address needs of students for whom mental health or substance abuse may be a contributing factor to noncompliance with the school disciplinary and safety program;
Alaska Statutes 14.33.125 Student restraint or seclusion; limitations.
(a) A public school disciplinary and safety program must
- (1) prohibit restraint or seclusion of a student except as provided in (b) of this section;
- (2) be annually reviewed with school personnel;
- (3) include a written report of each incident that is maintained in the student’s record as described in (d) of this section; and
- (4) include a review of each incident in which restraint or seclusion is used as provided in (e) of this section. (b) A teacher, teacher’s assistant, or other person responsible for students may physically restrain or seclude a student only if
- (1) the student’s behavior poses an imminent danger of physical injury to the student or another person;
- (2) less restrictive interventions would be ineffective to stop the imminent danger to the student or another person;
- (3) the person continuously monitors the student in face-to-face contact or, if face-to-face contact is unsafe, by continuous direct visual contact with the student;
- (4) the person has received training in crisis intervention and de-escalation and restraint techniques that has been approved by the department under AS 14.33.127, unless a trained person is not immediately available and the circumstances are rare and present an unavoidable and unforeseen emergency; and
- (5) the restraint or seclusion is discontinued immediately when the student no longer poses an imminent danger of physical injury to the student or another person or when a less restrictive intervention is effective to stop the danger of physical injury. (c) A teacher, teacher’s assistant, or other person responsible for students may not
- (1) use chemical restraint;
- (2) use mechanical restraint; or
- (3) physically restrain a student by placing the student on the student’s back or stomach or in a manner that restricts the student’s breathing. (d) School personnel who restrain or seclude a student shall provide a written report of the incident to the school administrator. A school shall provide a copy of the report to the student’s parents or legal guardians. The report must include
- (1) the date and time of the incident;
- (2) the names and job titles of school personnel who participated in or supervised the incident;
- (3) a description of the activity that preceded the incident, including efforts and strategies used with the student before the incident;
- (4) a description of the incident, including the type and duration of the intervention used;
- (5) a description of how the incident ended, including any further action taken. (e) A school district shall ensure that a review process is established and conducted for each incident that involves restraint or seclusion of a student. The review must be conducted as soon as practicable after the event and include
- (1) staff review of the incident;
- (2) follow-up communication with the student and the student’s parent or legal guardian;
- (3) review of and recommendations for adjusting or amending procedures, strategies, accommodations, individualized education plans, or other student behavior plans, or for additional staff training. (f) Each school district shall annually report to the department, on a form acceptable to the department, the total number of incidents involving the restraint or seclusion of a student.
Alaska Statutes 14.33.127 Crisis intervention training.
(a) The department shall approve crisis intervention training programs for schools, which shall include training in
- (1) evidence-based techniques that have been shown to be effective in the prevention of restraint and seclusion of students;
- (2) evidence-based techniques shown to be effective in keeping school personnel and students safe when imposing physical restraint or seclusion of students;
- (3) evidence-based skills related to positive behavior supports, conflict prevention, understanding antecedents, de-escalation, and conflict management;
- (4) first aid and cardiopulmonary resuscitation; and
- (5) applicable policies and procedures. (b) The governing body of a school shall ensure that a sufficient number of school employees receives periodic training in an approved crisis intervention program to meet the needs of the school population. (c) In this section,
- (1) “restraint” has the meaning given in AS 14.33.125;
- (2) “seclusion” has the meaning given in AS 14.33.125.