(a) The commission has the following duties:

• (1) To adopt rules concerning the following:
• (A) The use of restraint and seclusion in a school corporation or an accredited nonpublic school, with an emphasis on eliminating or minimizing the use of restraint and seclusion.
• (B) The prevention of the use of types of restraint or seclusion that may harm a student, a school employee, a school volunteer, or the educational environment of the school.
• (C) Requirements for notifying parents.
• (D) Training regarding the use of restraint and seclusion, including the frequency of training and what employees must be trained.
• (E) The distribution of the seclusion and restraint policy to parents and the public.
• (F) Requirements for the reporting of incidents of restraint and seclusion in the annual school performance report, including incidents of restraint and seclusion involving school resource officers (as defined in IC 20-26-18.2-1).
• (G) Circumstances that may require more timely incident reporting and the requirements for such reporting.
• (2) To develop, maintain, and revise a model restraint and seclusion plan for schools that includes the following elements:
• (A) A statement on how students will be treated with dignity and respect and how appropriate student behavior will be promoted and taught.
• (B) A statement ensuring that the school will use prevention, positive behavior intervention and support, and conflict deescalation to eliminate or minimize the need for use of any of the following:
• (i) Seclusion.
• (ii) Chemical restraint.
• (iii) Mechanical restraint.
• (iv) Physical restraint.
• (C) A statement ensuring that any behavioral intervention used will be consistent with the student’s most current behavioral intervention plan, or individualized education program, if applicable.
• (D) Definitions for restraint and seclusion, as defined in this chapter.
• (E) A statement ensuring that if a procedure listed in clause (B) is used, the procedure will be used:
• (i) as a last resort safety procedure, employed only after another, less restrictive procedure has been implemented without success; and
• (ii) in a situation in which there is an imminent risk of injury to the student, other students, school employees, or visitors to the school.
• (F) An indication that restraint or seclusion may be used only for a short time period, or until the imminent risk of injury has passed.
• (G) A documentation and recording requirement governing instances in which procedures listed in clause (B) are used, including:
• (i) how every incident will be documented and debriefed;
• (ii) how responsibilities will be assigned to designated employees for evaluation and oversight; and
• (iii) designation of a school employee to be the keeper of such documents.
• (H) A requirement that the student’s parent must be notified as soon as possible when an incident involving the student occurs that includes use of procedures listed in clause (B).
• (I) A requirement that a copy of an incident report must be sent to the student’s parent after the student is subject to a procedure listed in clause (B).
• (J) Required recurrent training for appropriate school employees on the appropriate use of effective alternatives to physical restraint and seclusion, including the use of positive behavioral intervention and support and conflict deescalation. The training must include the safe use of physical restraint and seclusion in incidents involving imminent danger or serious harm to the student, school employees, or others. Consideration must be given to available school resources and the time commitments of school employees.
• (3) To accept and review reports from the public and make nonbinding recommendations to the department of any suggested action to be taken.

(b) The model policy developed by the commission must take into consideration that implementation and reporting requirements for accredited nonpublic schools may vary, and the model plan must provide accredited nonpublic schools flexibility with regards to accountability under and implementation of the plan adopted by an accredited nonpublic school under section 14 [IC 20-20-40-14] of this chapter.

"Prevention and conflict deescalation training" means training that is provided broadly to school staff on how to prevent, defuse, and deescalate potential behavioral crisis situations without physical contact between a school employee and a student.

Sec. 5. "Crisis intervention training" refers to training provided to selected staff members that addresses how to deal with aggressive, violent, or out of control behaviors. The term includes specific techniques for seclusion and restraint.

(a) No later than July 1, 2014, each Indiana school corporation, charter school, and accredited nonpublic school must adopt a seclusion and restraint plan. At a minimum, each seclusion and restraint plan shall include the following:

• (1) A statement on how:
• (A) students will be treated with dignity and respect; and
• (B) appropriate student behavior will be promoted and taught.
• (2) A statement ensuring that the school will use prevention, positive behavior intervention and support, and conflict deescalation to eliminate or minimize the need for use of any of the following:
• (A) Seclusion.
• (B) Chemical restraint.
• (C) Mechanical restraint.
• (D) Physical restraint.
• (3) A statement ensuring that any behavioral intervention used will be consistent with the student's most current behavioral intervention plan, or IEP, if applicable.
• (4) Definitions for restraint and seclusion, as defined in this article.
• (5) A statement ensuring that if a procedure listed in subdivision (2) is used, the procedure will be used:
• (A) as a last resort safety procedure, employed only after another, less restrictive procedure has been implemented without success; and
• (B) in a situation in which there is an imminent risk of injury to the student, other students, school employees, or visitors to the school.
• (6) An indication that restraint or seclusion may be used only for a short time period or until the imminent risk of injury has passed.
• (7) A documentation and recording requirement governing incidents in which procedures listed in subdivision (2) are used, including:
• (A) how every incident will be documented and debriefed;
• (B) how responsibilities will be assigned to designated employees for evaluation and oversight; and
• (C) designation of a school employee to be the keeper of such documents.
• (8) A requirement that the student's parent must be notified as soon as possible when an incident involving the student occurs that includes use of procedures listed in subdivision (2).
• (9) A requirement that a copy of an incident report must be sent to the student's parent after the student is subject to a procedure listed in subdivision (2).
• (10) Required recurrent training for appropriate school employees on the appropriate use of effective alternatives to physical restraint and seclusion, including the use of positive behavioral intervention and support and conflict deescalation. The training must include the safe use of physical restraint and seclusion in incidents involving imminent danger or serious harm to the student, school employees, or others. Consideration must be given to available school resources and the time commitments of school employees.

(b) The department shall accept reports from the public regarding school restraint and seclusion plans, which reports shall be limited to:

• (1) lack of compliance between a school's seclusion and restraint plan and the requirements of IC 20-20-40 and the requirements of subsection (a);
• (2) the availability of a school's plan as described in section 8 of this rule; and
• (3) the reporting of incidents of seclusion or restraint, including the reporting of the use of seclusion or restraint by a school's resource officer.

(c) The department shall provide the commission with a summary of the reports received.

(d) The summary report must comply with the federal Family Educational Rights and Privacy Act (20 U.S.C. 1232g and 34 CFR Part 99).

(e) The commission, after reviewing the summary from the department, may instruct the department to require a school to provide a written explanation regarding a report.

(f) Upon request, each school shall provide the department with a written explanation and response to any questions posed by the department. The school shall provide the explanation in a manner prescribed by the department.

(g) After review of the explanation by the school and any supporting documentation, the department shall provide a summary of the department's findings.

(h) Based on the department's findings, the commission may make nonbinding recommendations to the department or to the school related to professional development for the school related to the use of seclusion or restraint, this article, or IC 20-20-40.

Sec. 2. (a) Every effort should be made to prevent the need for the use of restraint and for the use of seclusion. (b) Any behavioral intervention must be consistent with the student's rights to be treated with dignity and to be free from abuse. (c) Policies restricting the use of restraint and seclusion should apply to all children, not just children with disabilities. (d) Physical restraint or seclusion should not be used except in situations where the student's behavior poses imminent risk of injury to self or others and other interventions are ineffective and should be discontinued as soon as imminent risk of injury to self or others has dissipated. (Commission on Seclusion and Restraint in Schools; 513 IAC 1-2-2; filed Aug 5, 2014, 1:32 p.m.:20140903-IR-513130408FRA)

(a) Every effort shall be made to prevent the need for the use of restraint or for the use of seclusion on a student.

(b) Seclusion or physical restraint shall not be used except when used as a last resort in situations where:

• (1) the student's behavior poses imminent risk of injury to self or others; and

• (2) other less restrictive interventions are ineffective.

(c) Any use of seclusion or restraint:

• (1) may only be used for a short period of time; and

• (2) shall be discontinued as soon as the imminent risk of injury to self or others has dissipated.

Sec. 5. (a) Except as provided in subsection (d), the use of mechanical restraints to restrict a student's freedom of movement is prohibited. (b) The use of any drug, medication, or other chemical to control behavior or restrict freedom of movement (except as authorized by a licensed physician or other qualified health care professional) is prohibited. (c) Schools shall never give a student any drug or medication that is not a standard treatment or dosage, or both, for the student's medical or psychiatric condition unless otherwise prescribed by a physician. (d) While transporting a student on a moving vehicle, a bus harness or other safety equipment may be required and is permissible for safety purposes. However, the use of any bus harness or safety equipment, as described in 513 IAC 1-1-10, that is used to restrain a student during transportation must be documented. (Commission on Seclusion and Restraint in Schools; 513 IAC1-2-5; filed Aug 5, 2014, 1:32 p.m.: 20140903-IR-513130408FRA; filed Dec 21, 2018, 3:05 p.m.: 20190116-IR-513180063FRA)

(a) Staff shall be trained according to the school's adopted plan on the appropriate use of effective alternatives to physical seclusion and restraint, such as positive behavioral interventions and supports, and, only for cases involving imminent risk of injury, on the safe use of physical seclusion and restraint.

(b) Each school shall identify appropriate school staff to be trained on the safe use of effective alternatives to physical seclusion and restraint. Recurrent training of staff should be done in accordance with the school's plan.

(c) Each school shall choose a training protocol that includes the following:

• (1) Positive supports and behavioral interventions techniques.

• (2) Conflict deescalation techniques.

• (3) The safe use of seclusion and restraint.

• (4) Steps to avoid the use of seclusion or restraint.

• (5) Debriefing practices and procedures.

(d) Training programs shall differentiate for levels of school personnel and training needs.

(e) Each school must maintain documentation that includes the following information:

• (1) The name and position of each person who has completed training.

• (2) Who provided the training.

• (3) When the training was completed.

• (4) What protocols and techniques were included in the training.

(f) Training may be provided by any person who is trained in the current best practices of the protocols listed in subsection (c).

(a) Every incident in which seclusion or restraint is used shall be carefully and continuously visually monitored to ensure the safety of the following:

• (1) The student.
• (2) Other students.
• (3) Teachers.
• (4) Staff. (b) Immediately after the student has restored emotional and behavioral control following the use of restraint or seclusion, or both, a staff member not involved with the incident shall examine the student to ascertain if any injury has been sustained during the seclusion or restraint. (c) The building administrator or designee shall attempt to report every incident, including every incident involving a school resource officer (as defined in 513 IAC 1-1-18.5), in which seclusion or restraint is used on a student to the student's parent or guardian:
• (1) no later than the end of the school day or as soon as practical;
• (2) verbally; and
• (3) in accordance with the seclusion and restraint plan adopted by a school. (d) In addition to the verbal notice described in subsection (c), written notification, as described in the school's adopted plan, must also be sent to the student's parent or guardian after every incident in which seclusion or restraint is used on a student. Such notice shall be provided as soon as practical. (e) Public school corporations and charter schools shall report the number of incidents, including the number of incidents involving a school resource officer (as defined in 513 IAC 1-1-18.5), in which either seclusion or restraint is used in its annual performance report. (f) A school resource officer is involved in an incident of restraint or seclusion of a student when the school resource officer:
• (1) directs the restraint or seclusion of a student;
• (2) assists with the restraint or seclusion of a student; or
• (3) initiates the seclusion or restraint of a student. (g) Each accredited nonpublic school shall report, in writing, the number of incidents in which either seclusion or restraint is used in its school to its governing authority. (h) Each school must conduct an annual review of its plan for the purposes of improvement and revision.

(a) Every incident in which seclusion or restraint is used on a student shall be documented in order to memorialize the events that led up to the use of either seclusion or restraint. (b) Documentation may include the following:

• (1) The student's name.
• (2) The date and time of the incident.
• (3) The duration of any seclusion or restraint or the beginning and ending times of the restraint or seclusion, or both.
• (4) A description of any relevant events leading up to the incident.
• (5) A description of the incident or student behavior that resulted in implementation of seclusion or restraint including a description of the danger of injury which resulted in the seclusion or restraint.
• (6) A description of relevant interventions used immediately prior to the implementation of seclusion or restraint.
• (7) A summary of the student's behavior during seclusion or restraint, including a description of the restraint technique or techniques used and any other interaction between the student and staff.
• (8) A description of any injuries to students, staff, or others or property damage.
• (9) A list of the school personnel who participated in the implementation, monitoring, and supervision of seclusion or restraint.
• (10) If applicable, a statement that the intervention used was consistent with the student's most current behavioral intervention plan or IEP. (c) The department shall, annually, review incident reports from not less than three percent (3%) of public schools, which schools shall be chosen at random by the department. (d) Upon request, each school selected for review under subsection (c) shall provide the department, in a manner prescribed by the department, with a copy of any incident report involving the use of seclusion or restraint of a student. (e) Upon request by the department, each school shall provide a copy of the school's seclusion and restraint plan under section 11 of this rule. (f) The department shall provide the commission with a summary report of the department's annual review. The summary report shall be in a manner and form prescribed by the commission.

(a) A school corporation or accredited nonpublic school shall adopt a restraint and seclusion plan that incorporates, at a minimum, the elements of the model plan developed under section 13 [IC 20-20-40-13] of this chapter. The school corporation’s or accredited nonpublic school’s plan must become effective not later than July 1, 2014. (b) The department has the authority to require schools to submit plans developed in accordance with section 13 of this chapter.

Districts and schools shall prohibit the use of corporal punishment, restraints, seclusion, or physical abuse against students.