(a) "Academic achievement" means the student's level of academic performance when measured against the general education curriculum.

(b) "Accommodation" means any change in instruction or evaluation determined necessary by the IEP team that does not impact the rigor, validity, or both of the subject matter being taught or assessed.

(c) "Act" means the Individuals with Disabilities Education Improvement Act (IDEA), as amended.

(d) "Administrative case management" means the following activities that are not direct instruction but that are necessary to facilitate a student's special education:

• (1) Scheduling IEP meetings;
• (2) Coordinating evaluations and IEP drafting;
• (3) Visiting potential student placement environments;
• (4) Communicating with a parent; and
• (5) Updating progress reports for meeting IEP goals.

(e) "Administrative due process hearing" means a hearing conducted in compliance with Ed 1123 and in compliance with the provisions of 34 CFR 300.507 - 300.518.

(f) "Adult student" means a child with a disability who is:

• (1) 18 years of age or older but less than 21 years of age and not adjudicated incompetent; or
• (2) An emancipated minor pursuant to state law.

(g) "Alternate achievement Standard" means the expectation of performance established by the New Hampshire department of education consistent with the Elementary and Secondary Education Act of 1965, as amended (ESEA).

(h) "Alternate assessment" means those assessments developed pursuant to the provisions of 34 CFR 300.704(b)(4)(x) and sections 1111(b) and 6111 of ESEA.

(i) "Alternative dispute resolution" means the following processes that can be used to resolve an issue or issues in dispute:

• (1) Neutral conference; and
• (2) Mediation.

(j) "Approved program" means a program of special education as defined in RSA 186-C:2,II.

(k) "Assistive technology device" means "assistive technology device" as defined in 34 CFR 300.5.

(l) "Assistive technology service" means "assistive technology service" as defined in 34 CFR 300.6.

(m) "Aversive behavioral interventions" means those procedures that subject a child with a disability to physical or psychological harm or unsupervised confinement or that deprive the child of basic necessities such as nutrition, clothing, communication, or contact with parents, so as to endanger the child's physical, mental, or emotional health.

(n) "Behavior intervention plan" means the positive behavior interventions and supports incorporated in the student's IEP.

(o) "Business day" means "business day" as defined in 34 CFR 300.11(b).

(p) "Chartered public school" means "chartered public school" as defined in RSA 194-B:1, III.

(q) "Child find" means the system detailed in Ed 1105.

(r)  "Child with acquired brain injury" (ABI) means brain injury that occurs after birth. It includes injury sustained by infection, disease, or lack of oxygen resulting in total or partial functional disability or psychosocial impairment, or both, that adversely affects a child’s educational performance and requires special education and or related services.

(s) “Child with a developmental delay” means a child with a developmental delay as defined in RSA-186-C:2 I-a who:

• (1) Is experiencing developmental delays in one or more of the following areas:
• a. Physical development;
• b. Cognitive development;
• c. Communication development;
• d. Social or emotional development; or
• e. Adaptive development; and
• (2) By reason thereof, needs special education and related services, as measured by appropriate diagnostic instruments and procedures consistent with Ed 1107 and identified in compliance with 34 CFR 300.111(b).

(t) “Child with a disability” means:

• (1) A “Child with a disability” as defined in 34 CFR 300.8 who is 3 years of age or older but less than 21 years of age and who has not yet received a regular high school diploma as provided in 34 CFR 300.102;
• (2) A child with a developmental delay as defined in Ed 1102.01(s) above; and
• (3) A child with acquired brain injury as defined in Ed 1102.01(r) above.

(u) “Child eligible for special education but not currently receiving services” means a child who has been evaluated and determined to be child with a disability who is not currently receiving special education services due to one or more of the following factors:

• (1) The child is at least 2.5 years of age and has been determined to be eligible for special education;
• (2) The child’s current condition prevents the delivery of special education services;
• (3) The child’s parent, legal guardian, surrogate parent, or adult student has refused services;
• (4) The child has dropped out of school; or
• (5) The child is no longer attending school.

(v) “Collaborative program” means the cooperative agreements that school districts or school administrative units, or both, are able to enter into under RSA 186-C:8.

(w) “Committed juvenile student” means an individual who is committed to the youth development center pursuant to court order and who has been or is determined to be a child with a disability.

(x) “Consent” means “consent” as defined in 34 CFR 300.9.

(y) “Core academic subjects” means “core academic subjects” as defined in 34 CFR 300.10.

(y) “Court” means a court of competent jurisdiction.

(z) “Curriculum” means all of the courses and other educational opportunities offered by the responsible local education agency.

(aa) “Curriculum for preschoolers” means all of the organized educational activities, experiences, or both that are offered within the early childhood program to address all aspects of development and to promote meaningful learning experiences regarding preschoolers, their families and their community.

(a) Positive behavioral interventions based on the results of a behavioral assessment shall serve as the foundation of any program used to address the behavioral needs of students. (b) An LEA, other public agency, private provider of special education or other non-LEA program shall not employ any of the following aversive behavioral interventions:

• (1) Any procedure intended to cause physical pain;
• (2) Aversive mists, noxious odors, and unpleasant tastes applied by spray or other means to cause an aversive physical sensation;
• (3) Any non-medical mechanical restraint that physically restricts a student's movement;
• (4) Contingent food or drink programs;
• (5) Electrical stimulation;
• (6) Placement of a child in an unsupervised or unobserved room from which the child cannot exit without assistance; and
• (7) Physical restraint, unless in response to a threat of imminent, serious, physical harm pursuant to RSA 126-U.

(a) "Child" means child as defined in RSA 126-U: 1, I. (b) "Improper restraint" and "improper seclusion" means any restraint or seclusion not allowed under RSA 126-U. (c) "Restraint" means restraint as defined in RSA 126-U:1, IV. (d) "Review of record" means a review of the record at the school, made pursuant to RSA 126-U:7. (e) "School" means school as defined by RSA 126-U:1, V. (f) "Seclusion" means seclusion as defined in RSA 126-U:1,V-a. (g) "Serious injury" means serious injury as defined in RSA 126-U:1,VI.

(a) Each school shall have written policies for managing the behavior of children pursuant to RSA 126-U: 2 consistent with Ed 306.04(a)(18). (b) In addition to the requirements in (a) above, each nonpublic school shall have written policies for managing the behavior of children pursuant to RSA 126-U: 2 consistent with Ed 403. (c) In addition to the requirements of (a) above, a private provider of a special education program shall have written policies for managing the behavior of children pursuant to RSA 126-U:2 consistent with Ed 1114. (d) The written policies shall include a statement that, pursuant to RSA 126-U:14, the school shall review the individualized education program (IEP) or section 504 plan of a child with a disability following the first use of restraint or seclusion on the child, or upon request of the child's parent or guardian, and make adjustments to the IEP or 504 plan as indicated to reduce the future use of restraint or seclusion. (e) The written policies shall include a statement that a school employee has a duty to report a violation of RSA 126-U when that person has reason to believe that the action of another constituted a violation of RSA 126-U and misconduct or suspected misconduct, pursuant to Ed 510. (f) The policies shall be provided annually to the parent, guardian, or legal representative of each child enrolled in or receiving services from the school or provider pursuant to RSA 126-U:2.

(b) Within 5 business days of the use of seclusion or restraint, the school employee that used seclusion or restraint shall submit a written notification to the school principal containing the following, pursuant to RSA 126:7, II:

• (1) The date, time, and duration of the use of seclusion or restraint;
• (2) A description of the actions of the child before, during, and after the occurrence;
• (3) A description of any other relevant events preceding the use of seclusion or restraint, including the justification for initiating the use of restraint;
• (4) The names of the persons involved in the occurrence;
• (5) A description of the actions of the facility or school employees involved before, during, and after the occurrence;
• (6) A description of any interventions used prior to the use of the seclusion or restraint;
• (7) A description of the seclusion or restraint used, including any hold used and the reason the hold was necessary;
• (8) A description of any injuries sustained by, and any medical care administered to, the child, employees, or others before, during, or after the use of seclusion or restraint;
• (9) A description of any property damage associated with the occurrence;
• (10) A description of actions taken to address the emotional needs of the child during and following the incident;
• (11) A description of future actions to be taken to control the child's problem behaviors;
• (12) The name and position of the employee completing the notification; and
• (13) The anticipated date of the final report.

(c) The superintendent, acting superintendent, superintendent's designee, acting superintendent's designee, or school administrator shall, as soon as possible, make an oral report of all incidents of restraint and seclusion within the school involving serious injury or death to a child subject to restraint or seclusion to the commissioner, the attorney general, and the state's federally-designated protection and advocacy agency for individuals with disabilities, pursuant to RSA 126-U:10, II. Within 5 business days, a written report shall be provided to the commissioner, the attorney general, and the state's federally-designated protection and advocacy agency for individuals with disabilities pursuant to RSA 126-U:7.

(d) No school nor any employee, contractor, consultant nor volunteer thereof, shall subject any individual to harassment or retaliation for filing, in good faith, a report under RSA 126-U or these rules.

(e) Schools shall document complaints that they determine do not meet the criteria for a violation of RSA 126-U. This documentation shall include the evidence relied upon. Such documentation shall be maintained and provided to the department of education when it does its review pursuant to RSA 126-U:8.

(a) The department of education shall review records maintained by schools relative to the use of seclusion and restraint pursuant to RSA 126-U:8 no less than once every 3 years. (b) When the commissioner decides that a complaint is founded or the commissioner decides that the complaint is unfounded and there are 3 or more previous unfounded complaints, the department of education shall review the records of that school upon the completion of the investigation and annually for a period of 2 years following the most recent complaint. (c) Pursuant to RSA 126-U:7, II, schools shall maintain the following records:

• (1) The date, time, and duration of the use of seclusion or restraint;
• (2) A description of the actions of the child before, during, and after the occurrence;
• (3) A description of any other relevant events preceding the use of seclusion or restraint, including the justification for initiating the use of restraint;
• (4) The names of the persons involved in the occurrence;
• (5) A description of the actions of the facility or school employees involved before, during, and after the occurrence;
• (6) A description of any interventions used prior to the use of the seclusion or restraint;
• (7) A description of the seclusion or restraint used, including any hold used and the reason the hold was necessary;
• (8) A description of any injuries sustained by, and any medical care administered to, the child, employees, or others before, during, or after the use of seclusion or restraint;
• (9) A description of any property damage associated with the occurrence;
• (10) A description of actions taken to address the emotional needs of the child during and following the incident;
• (11) A description of future actions to be taken to control the child's problem behaviors;
• (12) The name and position of the employee completing the notification; and
• (13) The anticipated date of the final report.

(a) Any individual may file a complaint with the commissioner alleging a violation of RSA 126-U. (b) When filing a complaint the complainant shall provide the following information to the Commissioner: (1) The date or approximate date of the alleged incident; (2) The location of the alleged incident; (3) The name of the child or children subject to the alleged restraint or seclusion, if known; (4) The name of the school personnel alleged to have restrained or secluded the child, if known; (5) A description of the alleged restraint or seclusion; (6) The date of complaint; and (7) The name of complainant if the complainant is willing to disclose name. (c) Complaints may be submitted orally or in written form. (d) A complainant may request to keep his or her identity confidential throughout the complaint process. However, if the confidentiality of the complainant interferes with the investigation or the resolution of the complaint, the investigator shall notify the complainant that his or her request for confidentiality interferes with the investigation or resolution of the complaint and will not be maintained. The investigation shall then proceed.

(a) The commissioner or the commissioner's designee shall provide the information obtained in Ed 1203.01 to the investigator designated by the department of education. The investigator shall not be affiliated with the school or any person involved with the complaint. (b) If the complaint is filed by an individual other than a parent or guardian, the investigator shall notify the parent or guardian that a complaint has been filed on behalf of his or her child. (c) The commissioner or the commissioner's designee shall review the complaint and shall dismiss the complaint if: (1) The alleged facts, if true, would not constitute a violation of RSA 126:U; or (2) The alleged improper restraint or seclusion did not occur within 12 months of the date of filing of the complaint. However, such a complaint shall not be dismissed if the complainant could not have reasonably discovered the violation within 12 months of the filing of the complaint. (d) The department shall conduct investigations to determine if there were or were not violations of RSA 126-U. (e) The commissioner or the commissioner's designee will notify the complainant that the complaint has been dismissed and the basis for the dismissal.

(a) If a complaint is not dismissed, the investigator shall: (1) For cases involving serious injury, determine whether the allegations must be referred to law enforcement for investigation as mandated by RSA 161-F:51, II or 169-C:29; (2) Pursuant to (1) above, make reports at any point during the investigation when he or she obtains information that he or she is required to report under RSA 161-F:51 or 169-C:29; (3) Contact such persons and examine such records and other documents as are reasonably necessary to determine whether or not the allegations are true and whether any violation of 126-U occurred; (4) Review findings of facts from other investigative agencies; and (5) Review any and all protective measures for the child that the school has put in place before or after the complaint, and if no protective measures have been put in place, the investigator shall instruct the school to develop a procedure to protect the child. (b) Investigations shall not constitute a disciplinary hearing and shall not constitute an allegation of misconduct against an employee by the department of education; (c) Once the investigator completes the investigation, the following procedures shall apply: (1) The investigator shall file a written report with the commissioner or the commissioner's designee including findings of fact specifying any of the following specific grounds listed in RSA 126-U upon which the findings are based: a. Failure to implement written policy and procedures as required in RSA 126-U; b. Failure to properly notify a parent, guardian, or guardian ad litem in a timely manner, in violation of RSA 126-U:7, IV; c. Retaliation against any individual involved in a complaint or proceeding under this chapter, pursuant to RSA 126-U:8; d. Repeated improper use of restraint, pursuant to RSA 126-U:8; e. Improper use of seclusion as punishment, pursuant to RSA 126-U:5-a, I; f. Restraint by personnel not trained to restrain a child, pursuant to RSA 126-U:5; g. Use of any restraint technique prohibited by RSA 126-U:4; h. Improper use of restraint when other interventions were appropriate, pursuant to RSA 126-U:5; i. Improper use of seclusion or restraint that unnecessarily subjects a child to a risk of ridicule, humiliation, or emotional or physical harm pursuant to RSA 126-U:4, IV and RSA 126-U:5-a; j. Improper seclusion under conditions that do not meet RSA 126-U:5-b; k. Failure to comply with the requirements for authorization and monitoring of extended restraint, pursuant to RSA 126-U:11; l. Failure to comply with the restriction on the use of mechanical restraint during the transport of children, pursuant to RSA 126-U:12; and m. Any other conduct in which a school or school personnel violate RSA 126-U, or this chapter; n. Written statements by any employees who are the subject of the complaint, if the employees choose to provide such statements; and o. A recommendation for further action, if necessary. (d) The investigator shall file a report with the commissioner within 30 days of the filing of the complaint. The investigator may request a time extension from the commissioner for good cause shown, including, the coordination of investigations with other agencies or unavailability of a witness. If good cause is shown, the commissioner shall permit a time extension. (e) The commissioner shall review the investigator's report and recommendation based on a review of the case in relation to the grounds listed in RSA 126-U to: (1) Provide a written decision and recommendations which shall include, if necessary, based on the conclusions of the investigator's report: a. Appropriate remedial measures to address physical and other injuries; b. Appropriate remedial measures to address protection against retaliation; and c. Appropriate remedial measures to reduce the incidence of violations of RSA 126-U. (2) Identify remedial measures necessary to remedy the problem. Such remedial measure may include but are not limited to: a. Training of an individual or a group of school employees; b. Revision of policies and procedures; c. Revision of notice and record keeping practices; d. Compliance with conditions of seclusion per 126-U:5-b; and e. Any other action designed to address physical and other injuries, protect against retaliation, and reduce the incidence of violations of RSA 126-U; and (3) The commissioner's decision and recommendations shall be provided to the superintendent, the school administrator, and any employee found to have performed or accused of performing a restraint or using seclusion. The commissioner's decision shall be provided to the child's parent or guardian. Copies of the decision which are provided to the parents, guardians or employees under this subsection shall be redacted as necessary, to comply with federal and state law. (d) If the commissioner determines that disciplinary proceedings concerning credentialing are warranted, the commissioner shall notify the director of the division of program support. (e) Disclosure of investigatory reports shall be made in compliance with state and federal law. (f) In addition to any disclosure required by (e), above, the investigator's report and commissioner's decision shall be disclosed as follows: (1) The investigator's report and commissioner's decision shall be made available, upon request, to the parties in any adjudicatory proceeding arising out of the same facts as the complaint alleging violations of RSA 126-U; (2) If disciplinary proceedings are to be conducted as a result of the investigation, the commissioner or the commissioner's designee shall provide information gathered during an investigation to: a. A law enforcement agency when the agency is conducting a criminal investigation related to the subject matter of the investigation; b. A certifying agency of another jurisdiction for:

1. Purposes of certification of the credential holder in another jurisdiction; or
2. An investigation in another jurisdiction, when: (i) The person was the subject of a formal investigation under Ed 1200; or (ii) Disciplinary action was taken against the person by the state board of education under Ed 510; c. Board investigators or prosecutors; and d. Expert witnesses or assistants retained by board prosecutor or investigators in the same or related disciplinary matters; and (4) Whether or not further disciplinary proceedings are to be conducted as a result of the investigation, the board shall provide information gathered in disciplinary investigations to persons to whom the person facing disciplinary proceedings has given a release. (f) Prior to commencement of an adjudicatory proceeding, the person being investigated shall be notified promptly of the nature of any allegations that result in an adjudicatory proceeding under these rules unless notification is prohibited by law or will interfere with a criminal investigation. (g) If further disciplinary proceedings are to be conducted as a result of an investigation, the person shall be given the opportunity to respond, in writing, to the investigator prior to the initiation of disciplinary proceedings.

(d) The policy relative to promoting school safety shall require school administrators to implement procedures which relate to safe practices: (6) In managing the behavior of children including, describing how and under what circumstances restraint shall be used pursuant to RSA 126-U.

In this chapter: IV. “Restraint” means bodily physical restriction, mechanical devices, or any device that immobilizes a person or restricts the freedom of movement of the torso, head, arms, or legs. It includes mechanical restraint, physical restraint, and medication restraint used to control behavior in an emergency or any involuntary medication. It is limited to actions taken by persons who are school or facility staff members, contractors, or otherwise under the control or direction of a school or facility. (a) “Medication restraint” occurs when a child is given medication involuntarily for the purpose of immediate control of the child’s behavior. (b) “Mechanical restraint” occurs when a physical device or devices are used to restrict the movement of a child or the movement or normal function of a portion of his or her body. (c) “Physical restraint” occurs when a manual method is used to restrict a child’s freedom of movement or normal access to his or her body. (d) Restraint shall not include: (1) Brief touching or holding to calm, comfort, encourage, or guide a child, so long as limitation of freedom of movement of the child does not occur. (2) The temporary holding of the hand, wrist, arm, shoulder, or back for the purpose of inducing a child to stand, if necessary, and then walk to a safe location, so long as the child is in an upright position and moving toward a safe location. (3) Physical devices, such as orthopedically prescribed appliances, surgical dressings and bandages, and supportive body bands, or other physical holding when necessary for routine physical examinations and tests or for orthopedic, surgical, and other similar medical treatment purposes, or when used to provide support for the achievement of functional body position or proper balance or to protect a person from falling out of bed, or to permit a child to participate in activities without the risk of physical harm. (4) The use of seat belts, safety belts, or similar passenger restraints during the transportation of a child in a motor vehicle. (5) The use of force by a person to defend himself or herself or a third person from what the actor reasonably believes to be the imminent use of unlawful force by a child, when the actor uses a degree of such force which he or she reasonably believes to be necessary for such purpose and the actor does not immobilize a child or restrict the freedom of movement of the torso, head, arms, or legs of any child.[...] V-a. “Seclusion” means the involuntary placement of a child alone in a place where no other person is present and from which the particular child is unable to exit, either due to physical manipulation by a person, a lock, or other mechanical device or barrier. The term shall not include the voluntary separation of a child from a stressful environment for the purpose of allowing the child to regain self-control, when such separation is to an area which a child is able to leave. Seclusion does not include circumstances in which there is no physical barrier between the child and any other person or the child is physically able to leave the place. A circumstance may be considered seclusion even if a window or other device for visual observation is present, if the other elements of this definition are satisfied.

II. In cases involving serious injury or death to a child subject to restraint or seclusion in a school, the school shall, in addition to the provisions of RSA 126-U:7, notify the commissioner of the department of education, the attorney general, and the state’s federally-designated protection and advocacy agency for individuals with disabilities. Such notice shall include the written notification required in RSA 126-U:7, II. The department of education shall annually notify schools of their responsibilities under this section and provide contact information for the persons to be notified.

In a school or facility: I. Restraint shall not be imposed for longer than is necessary to protect the child or others from the substantial and imminent risk of serious bodily harm. II. Children in restraint shall be the subject of continuous direct observation by personnel trained in the safe use of restraint. III. No period of restraint of a child may exceed 15 minutes without the approval of the director or a supervisory employee designated by the director to provide such approval. IV. No period of restraint of a child may exceed 30 minutes unless a face-to-face assessment of the mental, emotional, and physical well-being of the child is conducted by the facility or school director or by a supervisory employee designated by the director who is trained to conduct such assessments. The assessment shall also include a determination of whether the restraint is being conducted safely and for a purpose authorized by this chapter. Such assessments shall be repeated at least every 30 minutes during the period of restraint. Each such assessment shall be documented in writing and such records shall be retained by the facility or school as part of the written notification required in RSA 126-U:7, II.

Upon information that restraint or seclusion has been used for the first time upon a child with a disability as defined in RSA 186-C:2, I or a child who is receiving services under Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. section 701, and its implementing regulations, the school shall review the individual educational program and/or Section 504 plan and make such adjustments as are indicated to eliminate or reduce the future use of restraint or seclusion. A parent or guardian of a child with a disability may request such a review at any time following an instance of restraint or seclusion and such request shall be granted if there have been multiple instances of restraint or seclusion since the last review.

Each facility and school shall have a written policy and procedures for managing the behavior of children. Such policy shall describe how and under what circumstances seclusion or restraint is used and shall be provided to the parent, guardian, or legal representative of each child at such facility or school.

No school or facility shall use or threaten to use any of the following restraint and behavior control techniques:

I. Any physical restraint or containment technique that:

• (a) Obstructs a child’s respiratory airway or impairs the child’s breathing or respiratory capacity or restricts the movement required for normal breathing;
• (b) Places pressure or weight on, or causes the compression of, the chest, lungs, sternum, diaphragm, back, or abdomen of a child;
• (c) Obstructs the circulation of blood;
• (d) Involves pushing on or into the child’s mouth, nose, eyes, or any part of the face or involves covering the face or body with anything, including soft objects such as pillows, blankets, or washcloths; or
• (e) Endangers a child’s life or significantly exacerbates a child’s medical condition.

II. The intentional infliction of pain, including the use of pain inducement to obtain compliance.

III. The intentional release of noxious, toxic, caustic, or otherwise unpleasant substances near a child for the purpose of controlling or modifying the behavior of or punishing the child.

IV. Any technique that unnecessarily subjects the child to ridicule, humiliation, or emotional trauma.

I. Restraint shall only be used in a school or facility to ensure the immediate physical safety of persons when there is a substantial and imminent risk of serious bodily harm to the child or others. The determination of whether the use of restraint is justified under this section may be made with consideration of all relevant circumstances, including whether continued acts of violence by a child to inflict damage to property will create a substantial risk of serious bodily harm to the child or others. Restraint shall be used only by trained personnel using extreme caution when all other interventions have failed or have been deemed inappropriate.

II. Restraint shall never be used explicitly or implicitly as punishment for the behavior of a child.

I. Seclusion may not be used as a form of punishment or discipline. It may only be used when a child’s behavior poses a substantial and imminent risk of physical harm to the child or to others, and may only continue until that danger has dissipated. II. Seclusion shall only be used by trained personnel after other approaches to the control of behavior have been attempted and been unsuccessful, or are reasonably concluded to be unlikely to succeed based on the history of actual attempts to control the behavior of a particular child. III. Seclusion shall not be used in a manner that that unnecessarily subjects the child to the risk of ridicule, humiliation, or emotional or physical harm.

I. When permitted by this chapter, seclusion may only be imposed in rooms which:

• (a) Are of a size which is appropriate for the chronological and developmental age, size, and behavior of the children placed in them.
• (b) Have a ceiling height that is comparable to the ceiling height of the other rooms in the building in which they are located.
• (c) Are equipped with heating, cooling, ventilation, and lighting systems that are comparable to the systems that are in use in the other rooms of the building in which they are located.
• (d) Are free of any object that poses a danger to the children being placedin the rooms.
• (e) Have doors which are either not equipped with locks, or are equipped with devices that automatically disengage the lock in case of an emergency. For the purposes of this subparagraph, an “emergency” includes, but is not limited to:
• (1) The need to provide direct and immediate medical attention to a child;
• (2) Fire;
• (3) The need to remove a child to a safe location during a building lockdown; or
• (4) Other critical situations that may require immediate removal of a child from seclusion to a safe location.
• (f) Are equipped with unbreakable observation windows or equivalent devices to allow the safe, direct, and uninterrupted observation of every part of the room. II. Each use of seclusion shall be directly and continuously visually and auditorially monitored by a person trained in the safe use of seclusion.

Use of restraint in schools shall be limited to physical restraint as permitted by this chapter. Schools shall not use medication restraint and shall not use mechanical restraint except as otherwise permitted in the transportation of children pursuant to RSA 126-U:12.

I. Unless prohibited by court order, the facility or school shall, make reasonable efforts to verbally notify the child’s parent or guardian and guardian ad litem whenever seclusion or restraint has been used on the child. Such notification shall be made as soon as practicable and in no event later than the time of the return of the child to the parent or guardian or the end of the business day, whichever is earlier. Notification shall be made in a manner calculated to give the parent or guardian actual notice of the incident at the earliest practicable time. II. A facility employee or school employee who uses seclusion or restraint, or if the facility employee or school employee is unavailable, a supervisor of such employee, shall, within 5 business days after the occurrence, submit a written notification containing the following information to the director or his or her designee:

• (a) The date, time, and duration of the use of seclusion or restraint.
• (b) A description of the actions of the child before, during, and after the occurrence.
• (c) A description of any other relevant events preceding the use of seclusion or restraint, including the justification for initiating the use of restraint.
• (d) The names of the persons involved in the occurrence.
• (e) A description of the actions of the facility or school employees involved before, during, and after the occurrence.
• (f) A description of any interventions used prior to the use of the seclusion or restraint.
• (g) A description of the seclusion or restraint used, including any hold used and the reason the hold was necessary.
• (h) A description of any injuries sustained by, and any medical care administered to, the child, employees, or others before, during, or after the use of seclusion or restraint.
• (i) A description of any property damage associated with the occurrence.
• (j) A description of actions taken to address the emotional needs of the child during and following the incident.
• (k) A description of future actions to be taken to control the child’s problem behaviors.
• (l) The name and position of the employee completing the notification.
• (m) The anticipated date of the final report. [...] III. Unless prohibited by court order, the director or his or her designee shall, within 2 business days of receipt of the notification required in paragraph II, send or transmit by first class mail or electronic transmission to the child’s parent or guardian and the guardian ad litem the information contained in the notification. Each notification prepared under this section shall be retained by the school or facility for review in accordance with rules adopted under RSA 541-A by the state board of education and the department of health and human services. IV. Whenever a facility or school employee has intentional physical contact with a child which is in response to a child’s aggression, misconduct, or disruptive behavior, a representative of the school or facility shall make reasonable efforts to promptly notify the child’s parent or guardian. Such notification shall be made no later than the time of the return of the child to the parent or guardian or the end of the business day, whichever is earlier. Notification shall be made in a manner calculated to give the parent or guardian actual notice of the incident at the earliest practicable time. V. In any case requiring notification under paragraph IV, the school or facility shall, within 5 business days of the occurrence, prepare a written description of the incident. Such description shall include at least the following information:
• (a) The date and time of the incident.
• (b) A brief description of the actions of the child before, during, and after the occurrence.
• (c) The names of the persons involved in the occurrence.
• (d) A brief description of the actions of the facility or school employees involved before, during, and after the occurrence.
• (e) A description of any injuries sustained by, and any medical care administered to, the child, employees, or others before, during, or after the incident. VI. The notification and record-keeping requirements of paragraphs IV and V shall not apply in the following circumstances:
• (a) When a child is escorted from an area by way of holding of the hand, wrist, arm, shoulder, or back to induce the child to walk to a safe location. However, if the child is actively combative, assaultive, or self-injurious while being escorted, the requirements of paragraphs IV and V shall apply.
• (b) When actions are taken such as separating children from each other, inducing a child to stand, or otherwise physically preparing a child to be escorted.
• (c) When the contact with the child is incidental or minor, such as for the purpose of gaining a misbehaving child’s attention. However, blocking of a blow, forcible release from a grasp, or other significant and intentional physical contact with a disruptive or assaultive child shall be subject to the requirements.
• (d) When an incident is subject to the requirements of paragraphs I-III.

I. The state board of education shall adopt rules, pursuant to RSA 541-A, relative to: (a) Periodic, regular review by the department of education of records maintained by schools relative to the use of seclusion and restraint. (b) A process for the department of education’s receipt of complaints and its conduct of investigations of improper use of seclusion and restraint in schools. The process shall provide for:

• (1) Investigation of complaints regarding any violation of this chapter, regardless of whether injury results.
• (2) Investigation by persons not affiliated with the school district which is the subject of the complaint.
• (3) Resolution of complaints and completion of investigations within 30 days, with provision for limited extensions for good cause.
• (4) Protection of children before and after completion of the investigation.
• (5) Appropriate remedial measures to address physical and other injuries, protect against retaliation, and reduce the incidence of violations of this chapter.

II. Beginning November 1, 2010, and each November 1 thereafter, the state board of education shall provide an annual report to the chairpersons of the education committees of the senate and house of representatives regarding the use of seclusion and restraint in schools. The annual report shall be prepared from the periodic, regular review of such records, and shall include the number and location of reported incidents and the status of any outstanding investigations.

Document provides guidance on reporting incidents of/investigations on restraint and seclusion.

Document provides guidance on reporting incidents of/investigations on restraint and seclusion.