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.
Wyoming Administrative Rules 206-0002-42 Seclusion and Restraint in Schools
(c) Mandatory Documentation. Schools must complete the mandatory documentation for all use of Restraint and Isolation Room seclusion.
- (i) Incident Report: At a minimum, the incident report must include:
- (A) Antecedents, interventions, and other relevant factors;
- (B) Description of the regulated intervention utilized;
- (C) Time and duration;
- (D) Student's response;
- (E) Administrative review, if necessary;
- (F) Status assessment;
- (G) Release or reentry factors;
- (H) Injuries, if any;
- (I) Debriefing
- (ii) The parent shall receive copies of all mandatory documentation according to the parent notification procedure developed by the school.
(d) Parent Notification. The school shall develop a parent notification procedure to include, at a minimum, written notification within 24 hours of the use of a regulated procedure, or other timeframe as agreed upon by the school and parent. Written notification shall be complete upon mailing, personal delivery, or electronic transmission of the written notice.
Section 8. Enforcement of Policy. Schools shall specify a procedure for the lodging and investigation of complaints regarding misuse of the school district's policy on seclusion and restraint.
Section 9. Publication of Policy. Schools shall provide for the manner in which the policy is to be publicized within the school community.
Section 10. Data Collection Requirements Schools shall collect and report annually to the Wyoming Department of Education the WISER ID for each student involved in the use of a regulated intervention, the number of incidents of seclusion and restraint for each student, and the type of regulated intervention utilized for each student.
Wyoming Statutes 21-2-202. Duties of the state superintendent.
(xxxii) By rule and regulation, establish requirements for school district policies and training regarding the use of seclusion and restraint in schools as required under W.S. 21-3-110(a)(xxxi). The state superintendent shall review the policy of each district for compliance with the requirements of W.S. 21-3-110(a)(xxxi) and rules and regulations promulgated pursuant to this paragraph. If the state superintendent determines that the policy is not in compliance under this paragraph the superintendent shall direct the board of trustees to revise the policy and shall, upon request, assist the board in the adoption of the policy;
Wyoming Statutes 21-3-110. Duties of boards of trustees.
(xxxi) Not later than December 31, 2011, adopt a policy and training procedures regarding the use of seclusion and restraint in schools. In addition to any requirements provided by rule and regulation of the state superintendent pursuant to W.S. 21-2-202(a)(xxxii), the policy shall require that the parent or legal guardian of the student shall be notified each time that seclusion or restraint is utilized for the student. The policy shall prohibit the use of locked seclusion. The policy shall not be limited to any specified group of students and shall apply any time that seclusion or restraint is used for any student. The district shall submit a copy of the policy to the state superintendent for review as provided in W.S. 21-2-202(a)(xxxii), after the initial adoption of the policy and any time thereafter that the policy is substantially revised. As used in this paragraph:
- (A) "Restraint" means the use of physical force, with or without the use of any physical device or material, to restrict the free movement of all or a portion of a student's body. "Restraint" does not include comforting or calming a student, holding the hand or arm of a student to escort the student if the student is complying, intervening in a fight or using an assistive or protective device prescribed by an appropriately trained professional or professional team;
- (B) "Seclusion" means removing a student from a classroom or other school activity and isolating the student in a separate area. "Seclusion" does not include a student requested break or in-school suspension, detention or other appropriate disciplinary measure.