Indiana - Restraint and Seclusion: Prohibitions or Restrictions

Area: 
Prohibitions Or Restrictions
Policy Type: 
statute; regulation
Summary: 

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.

Indiana Code 20-20-40-14 Adoption of restrait and seclusion plan; submission of plans.

(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.


Indiana Administrative Code 512 1-1-14 "Prevention and conflict deescalation training" defined

"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.


Indiana Administrative Code 513 1-2-9 Indident documentation

(a) Every instance in which seclusion or restraint is used on a student shall be documented in order to memorialize the events that led up 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.


Indiana Administrative Code 513 1-2-7 Monitoring and reporting

(a) Every instance 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 instance 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) Written notification, as described in the school's adopted plan, must also be sent to the student's parent or guardian after every instance in which seclusion or restraint is used on a student and shall be provided as soon as practical.

(e) Public school corporations shall report the number of instances in which either seclusion or restraint is used in its annual performance report required by IC 20-20-8-3.

(f) Each charter school shall report the number of instances in which either seclusion or restraint is used in its school to its sponsor. A charter school's sponsor shall report the number of instances in which a charter school has reported the use of either seclusion or restraint in its annual report, described in IC 20-24-9-1.

(g) Each accredited nonpublic school shall report, in writing, the number of instances 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.


Indiana Administrative Code 513 1-2-11 Seclusion and restraint plan

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 instances 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.


Indiana Administrative Code 513 1-2-4 Prevention

(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.


Indiana Administrative Code 513 1-2-6 Training

(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).

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