2015 Indiana Code TITLE 20. EDUCATION ARTICLE 20. PROGRAMS ADMINISTERED BY THE STATE CHAPTER 40. RESTRAINT AND SECLUSION COMMISSION
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IC 20-20-40
Chapter 40. Restraint and Seclusion Commission
IC 20-20-40-1
"Behavioral intervention plan"
Sec. 1. As used in this chapter, "behavioral intervention plan"
means a plan that is agreed upon by the case conference committee
(as defined in IC 20-35-7-2) and incorporated into a student's
individualized education program (as defined in IC 20-18-2-9) and
that describes the following:
(1) The pattern of behavior that impedes the student's learning
or the learning of others.
(2) The purpose or function of the behavior as identified in a
functional behavioral assessment.
(3) The positive interventions and supports, and other strategies,
to:
(A) address the behavior; and
(B) maximize consistency of implementation across people
and settings in which the student is involved.
(4) If applicable, the skills that will be taught and monitored in
an effort to change a specific pattern of behavior of the student.
The behavioral intervention plan seeks to maximize consistency of
implementation across people and settings in which the student is
involved.
As added by P.L.122-2013, SEC.1.
IC 20-20-40-2
"Chemical restraint"
Sec. 2. As used in this chapter, "chemical restraint" means the
administration of a drug or medication to manage a student's behavior
or restrict a student's freedom of movement that is not a standard
treatment and dosage for the student's medical or psychiatric
condition.
As added by P.L.122-2013, SEC.1.
IC 20-20-40-3
"Commission"
Sec. 3. As used in this chapter, "commission" refers to the
commission on seclusion and restraint in schools established by
section 11 of this chapter.
As added by P.L.122-2013, SEC.1.
IC 20-20-40-4
"Mechanical restraint"
Sec. 4. (a) As used in this chapter, "mechanical restraint" means
the use of:
(1) a mechanical device;
(2) a material; or
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(3) equipment;
attached or adjacent to a student's body that the student cannot
remove and that restricts the freedom of movement of all or part of
the student's body or restricts normal access to the student's body.
(b) The term does not include:
(1) mechanical devices;
(2) a material; or
(3) equipment;
used as prescribed by a doctor.
As added by P.L.122-2013, SEC.1.
IC 20-20-40-5
"Physical restraint"
Sec. 5. (a) As used in this chapter, "physical restraint" means
physical contact between a school employee and a student:
(1) in which the student unwillingly participates; and
(2) that involves the use of a manual hold to restrict freedom of
movement of all or part of a student's body or to restrict normal
access to the student's body.
(b) The term does not include:
(1) briefly holding a student without undue force in order to
calm or comfort the student, or to prevent unsafe behavior, such
as running into traffic or engaging in a physical altercation;
(2) physical escort; or
(3) physical contact intended to gently assist or prompt a student
in performing a task or to guide or assist a student from one (1)
area to another.
As added by P.L.122-2013, SEC.1.
IC 20-20-40-6
"Positive behavior intervention and support"
Sec. 6. As used in this chapter, "positive behavior intervention and
support" means a systematic approach that:
(1) uses evidence based practices and data driven decision
making to improve school climate and culture; and
(2) includes a range of systematic and individualized strategies
to reinforce desired behavior and diminish reoccurrence of
problem behavior;
to achieve improved academic and social outcomes and increase
learning for all students.
As added by P.L.122-2013, SEC.1.
IC 20-20-40-7
"School corporation"
Sec. 7. As used in this chapter, "school corporation" includes a
charter school that is not a virtual charter school.
As added by P.L.122-2013, SEC.1.
IC 20-20-40-8
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"School employee"
Sec. 8. As used in this chapter, "school employee" means an
individual employed by a school corporation or an accredited
nonpublic school.
As added by P.L.122-2013, SEC.1.
IC 20-20-40-9
"Seclusion"
Sec. 9. As used in this chapter, "seclusion" means the confinement
of a student alone in a room or area from which the student
physically is prevented from leaving. The term does not include a
supervised time-out or scheduled break, as described in a student's
individualized education program, in which an adult is continuously
present in the room with the student.
As added by P.L.122-2013, SEC.1.
IC 20-20-40-10
"Time-out"
Sec. 10. As used in this chapter, "time-out" means a behavior
reduction procedure in which access to reinforcement is withdrawn
for a certain period of time. Time-out occurs when the ability of a
student to receive normal reinforcement in the school environment is
restricted.
As added by P.L.122-2013, SEC.1.
IC 20-20-40-11
Establishment of the commission on seclusion and restraint
Sec. 11. (a) The commission on seclusion and restraint in schools
is established.
(b) The commission has the following nine (9) members:
(1) The designee of the state superintendent, who serves at the
pleasure of the state superintendent.
(2) A representative of the Autism Society of Indiana, chosen by
the organization, who serves a two (2) year term.
(3) A representative of the Arc of Indiana, chosen by the
organization, who serves a two (2) year term.
(4) A representative of the Indiana Council of Administrators of
Special Education, chosen by the organization, who serves a
two (2) year term.
(5) A representative of Mental Health America of Indiana,
chosen by the organization, who serves a two (2) year term.
(6) A parent of a student with a disability, nominated by a
member described in subdivisions (1) through (5) and approved
by a majority of the members described in subdivisions (1)
through (5), who serves a two (2) year term.
(7) A parent of a student who does not have a disability,
nominated by a member described in subdivisions (1) through
(5) and approved by a majority of the members described in
subdivisions (1) through (5), who serves a two (2) year term.
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(8) One (1) accredited nonpublic school administrator
nominated by the Indiana Non-public Education Association,
who serves a two (2) year term.
(9) One (1) public school superintendent nominated by the
Indiana Association of Public School Superintendents, who
serves a two (2) year term.
(c) Each member of the commission who is not a state employee
is entitled to the minimum salary per diem provided by
IC 4-10-11-2.1(b). A member who is not a state employee is also
entitled to reimbursement for traveling expenses and other expenses
actually incurred in connection with the member's duties, as provided
in the state travel policies and procedures established by the Indiana
department of administration and approved by the budget agency.
As added by P.L.122-2013, SEC.1.
IC 20-20-40-12
Chairperson; meetings; votes and actions of the commission
Sec. 12. (a) The designee of the state superintendent under section
11(b)(1) of this chapter serves as chairperson of the commission.
(b) The commission shall meet at least annually on the call of the
chairperson, and may meet as often as is necessary. The chairperson
shall provide not less than fourteen (14) days notice of a meeting to
the members of the commission and to the public.
(c) The affirmative votes of at least five (5) members of the
commission are necessary for the commission to take action. The
votes of the commission must be recorded.
(d) All commission meetings shall be open to the public, and each
meeting must include opportunities for public comment.
(e) The department shall provide staff support for the commission.
As added by P.L.122-2013, SEC.1.
IC 20-20-40-13
Duties; rules; notice requirement; training; elements of the
restraint and seclusion plan
Sec. 13. (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.
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(F) Requirements for the reporting of incidents of restraint
and seclusion in the annual school performance report.
(2) Before August 1, 2013, to develop 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
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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 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 of this chapter.
As added by P.L.122-2013, SEC.1.
IC 20-20-40-14
Plan adoption
Sec. 14. 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 of this
chapter. The school corporation's or accredited nonpublic school's
plan must become effective not later than July 1, 2014.
As added by P.L.122-2013, SEC.1.
IC 20-20-40-15
Immunity
Sec. 15. (a) Nothing in this chapter may be construed to prevent
a school employee from stopping a physical altercation, acting to
prevent physical harm to a student or another individual, or acting to
address an emergency until the emergency is over, whether or not the
school employee has received training under this chapter.
(b) This chapter may not be construed to give rise to a cause of
action, either civil or criminal, against the state, the department, a
school corporation, an accredited nonpublic school, the commission,
or a member of the commission.
(c) In all matters relating to the plan adopted under section 14 of
this chapter, school corporation or accredited nonpublic school
personnel have qualified immunity with respect to an action taken to
promote student conduct under a plan adopted under section 14 of
this chapter if the action is taken in good faith and is reasonable.
As added by P.L.122-2013, SEC.1.
IC 20-20-40-16
Rulemaking
Sec. 16. The commission shall adopt rules under IC 4-22-2 to
carry out the purposes of this chapter.
As added by P.L.122-2013, SEC.1.
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