A. A school may permit the use of restraint or seclusion techniques on any pupil if both of the following apply:

• 1. The pupil’s behavior presents an imminent danger of bodily harm to the pupil or others.
• 2. Less restrictive interventions appear insufficient to mitigate the imminent danger of bodily harm.

B. If a restraint or seclusion technique is used on a pupil:

• 1. School personnel shall maintain continuous visual observation and monitoring of the pupil while the restraint or seclusion technique is in use.
• 2. The restraint or seclusion technique shall end when the pupil’s behavior no longer presents an imminent danger to the pupil or others.
• 3. The restraint or seclusion technique shall be used only by school personnel who are trained in the safe and effective use of restraint and seclusion techniques unless an emergency situation does not allow sufficient time to summon trained personnel.
• 4. The restraint technique employed may not impede the pupil’s ability to breathe.
• 5. The restraint technique may not be out of proportion to the pupil’s age or physical condition.

C. Schools may establish policies and procedures for the use of restraint or seclusion techniques in a school safety or crisis intervention plan if the plan is not specific to any individual pupil.

D. Schools shall establish reporting and documentation procedures to be followed when a restraint or seclusion technique has been used on a pupil. The procedures shall include the following requirements:

• 1. School personnel shall provide the pupil’s parent or guardian with written or oral notice on the same day that the incident occurred, unless circumstances prevent same-day notification. If the notice is not provided on the same day of the incident, notice shall be given within twenty-four hours after the incident.
• 2. Within a reasonable time following the incident, school personnel shall provide the pupil’s parent or guardian with written documentation that includes information about any persons, locations or activities that may have triggered the behavior, if known, and specific information about the behavior and its precursors, the type of restraint or seclusion technique used and the duration of its use.
• 3. Schools shall review strategies used to address a pupil’s dangerous behavior if there has been repeated use of restraint or seclusion techniques for the pupil during a school year. The review shall include a review of the incidents in which restraint or seclusion technique were used and an analysis of how future incidents may be avoided, including whether the pupil requires a functional behavioral assessment.

E. If a school district or charter school summons law enforcement instead of using a restraint or seclusion technique on a pupil, the school shall comply with the reporting, documentation and review procedures established under subsection D of this section. Notwithstanding this section, school resource officers are authorized to respond to situations that present the imminent danger of bodily harm according to protocols established by their law enforcement agency.

B. The governing board of any school district, in consultation with the teachers and parents of the school district, shall prescribe rules for the discipline, suspension and expulsion of pupils. The rules shall be consistent with the constitutional rights of pupils and shall include at least the following:

• 1. Penalties for excessive pupil absenteeism pursuant to section 15-803, including failure in a subject, failure to pass a grade, suspension or expulsion.
• 2. Procedures for the use of corporal punishment if allowed by the governing board.
• 3. Procedures for the reasonable use of physical force by certificated or classified personnel in self-defense, defense of others and defense of property.
• 4. Procedures for dealing with pupils who have committed or who are believed to have committed a crime.
• 5. A notice and hearing procedure for cases concerning the suspension of a pupil for more than ten days.
• 6. Procedures and conditions for readmission of a pupil who has been expelled or suspended for more than ten days.
• 7. Procedures for appeal to the governing board of the suspension of a pupil for more than ten days, if the decision to suspend the pupil was not made by the governing board.
• 8. Procedures for appeal of the recommendation of the hearing officer or officers designated by the board as provided in subsection F of this section at the time the board considers the recommendation.
• 9. Disciplinary policies for the confinement of pupils left alone in an enclosed space. These policies shall include the following:
• (a) A process for prior written parental notification that confinement may be used for disciplinary purposes and that is included in the pupil’s enrollment packet or admission form.
• (b) A process for prior written parental consent before confinement is allowed for any pupil in the school district. The policies shall provide for an exemption to prior written parental consent if a school principal or teacher determines that the pupil poses imminent physical harm to self or others. The school principal or teacher shall make reasonable attempts to notify the pupil’s parent or guardian in writing by the end of the same day that confinement was used.