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Great, hello everybody.

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My name is Tracy Harris

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and I am the Coordinator
for Behavioral Supports

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at the Vermont Agency of Education.

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I've been there about 10 years

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and I've been doing restraint
and seclusion support

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and technical assistance and
training for all those years.

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But I have recently been
joined by Kate Anderson,

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who is going to do the
lion's share today's webinar.

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Thank you, yes,

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and I am a Program Coordinator
on the Vermont MTSS,

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Multi-Tiered System of Support Team.

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As Tracy said, I have recently started

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to join her on this work with
Rule 4500 in the past year.

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And prior to that, I have
worked as a special educator

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and I've worked in the after school space

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before my time at the agency.

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So I think we will go
ahead and get started.

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And I'm going to turn off my camera

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because I can't see without my sunglasses

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because my regular glasses broke.

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But it is a very hip
look that you're rocking.

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So just our logistics,

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you are going to be muted
during this session.

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You can use the chat
box or raise your hand

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if you have a question,

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although I think we'll ask
for the majority of questions

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to be saved for the end,

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because there's a lot
that we're going to cover.

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And your question
hopefully will be answered

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over the course of the webinar.

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And we wanna make sure that
we save time at the end,

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in case it isn't for Tracy
and I to feel those questions,

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I'll direct you to wherever
you can find that information

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if it's something we need to look up.

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You may show or hide your
video, it's up to you.

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This session is being recorded.

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You can email Anne Dubie for access

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and the materials for this session

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can be found online as well.

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So there is a link, I believe,

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-going into the chat soon.
-Soon, yes.

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For that.

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So just want to introduce
the purpose of today.

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The purpose of Vermont Board
of Education Rule 4500,

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which was enacted in 2011
is to promote positive

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and safe environments,

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to promote positive behavioral
interventions and supports,

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and to ensure that
students are not subjected

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to inappropriate use of
restraint or seclusion

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in our schools in Vermont.

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So throughout this webinar,

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Tracy and myself will be sort of unpacking

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some of the definitions that
are laid out in Rule 4500.

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And we'll also have some
scenarios and sort of,

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not drawn from specific
real life examples,

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but similar to what you might
encounter in a school setting

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that we will use to help us

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sort of clarify those definitions.

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So the first one that we're
gonna look at is the definition

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of seclusion as it is
described in Rule 4500.

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So seclusion is the
confinement of a student

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alone in a room or an area

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and the student is prevented
or reasonably believes

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they would be prevented
from leaving that space.

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So seclusion under Rule 4500
does not include time out

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or private processing in which
a student is not left alone

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and is under adult supervision.

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So again, in red is sort of the key pieces

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of this definition that the
student's alone in a space

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and that they are prevented from leaving,

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whether they're physically
prevented from leaving

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by a door being shut,

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or whether they just reasonably believe

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that they would be prevented
from leaving that space.

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So, as I said,

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we're going to go through
these real world scenarios

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rather than us talking about
them conceptually only.

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So we're gonna do that
in the form of some polls

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throughout today to give you all a chance

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to participate and think it through.

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And the way we're gonna do the polls

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is with sort of a waterfall style chat.

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So if you haven't experienced that

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in a virtual presentation before,

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it allows everybody to take
some time to think through.

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And I think we'll probably
give you about 30 seconds

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after presenting the scenario,

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think through what your response is,

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and you can type it into the chat,

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but please do not hit Enter yet

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because as you can imagine
if somebody hits Enter,

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then it's kind of spoiling
it for other people

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who are still processing

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or maybe there's peer pressure
to put a different response.

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So think about your answer, type it in,

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but do not hit Enter

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until Tracy or myself tells you to do so.

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So we'll try it out with the first poll.

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And we're gonna ask if
the following incident

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involves the use of
seclusion and why or why not?

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I think we'll just start
by saying yes or no.

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And then you can add additional
details if you'd like,

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or we can talk about it after.

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So again, you can type your response in,

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but do not hit Enter yet
until we do the waterfall.

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So this is a scenario about Zuri.

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Zuri began kicking a peer who
was in line in front of her

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and would not stop when her
behavioral interventionist or BI

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attempted to intervene and deescalate.

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So her BI walked with
her into the quiet room

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where the door was closed

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and Zuri was not permitted to leave

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until she discussed the
incident with her BI.

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Together the two of them
processed the situation

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and they made a plan for
what to do the next time

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she became upset with a peer.

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So let's take 30 seconds to
type in, but not hit Enter.

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Does this involve the use of seclusion

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under Rule 4500's definition
and why or why not?

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All right, you all can hit
your Enter button, you'll see.

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And I'm seeing a lot of
different responses, mostly noes.

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You are correct if you said no.

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So this incident does not
represent a seclusion.

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Her behavior interventionist
was with her in the space

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and she was not alone in the room.

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She was interacting with
her interventionist.

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So it's correct that she
was not permitted to leave,

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but because she was not
alone, she was not secluded.

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So now we're going to go into a different

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sort of a parallel universe
with Zuri and her BI.

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So given this same situation
where she was kicking her peer,

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she wasn't able to be deescalated,

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she was escorted to the quiet room,

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but instead of going with
her BI to the quiet room,

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she chose to go there
herself and cool down

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before processing with her BI.

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So she just sort of stormed off,

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she said, "I need some space."

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And she was allowed to do
so, she closed the door

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and she was told to open the door

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whenever she felt ready
to talk it through.

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So does this scenario
represent a seclusion?

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And again, please do not hit Enter yet.

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We'll take maybe 15 to
20 seconds this time

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to type in yes or no.

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And you can also add
onto what your answer,

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if you have time, why or why not.

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All right, let's hit Enter now.

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And you guys are good.

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I'm seeing nothing but correct answers.

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This is also not a seclusion.

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So she entered the room of her own accord

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and she could leave anytime she was ready

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and they made it very clear to her.

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Her BI told her that when she was ready,

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she could leave the room.

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So sometimes especially
with younger students,

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we might see this in terms
of like a sensory room

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or a cool down space of any kind.

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If a student is choosing to go there

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and they can leave when they're ready,

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then that's a great way for them

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to start to practice those
self-regulation skills

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and maybe in the future before
she starts kicking a peer,

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she'll start to recognize those feelings

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in herself and be ready
to go to a space at will.

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So again, not a seclusion

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because she could leave the
room when she chose to do so.

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[Tracy] And I would just say,

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make sure that you let her know

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that she can leave when she wants.

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Sometimes you may tell a
student they can leave,

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but they might perceive
that they're not allowed to.

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So really make it clear that
they are allowed to leave.

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-Yes, thank you.
-In a situation like that.

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-Yeah.
-Yeah.

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All right, another parallel
universe with Zuri.

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So the same scenario,

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this time once they're in
the quiet room together,

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she becomes highly aggressive

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toward her behavioral interventionist

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and she doesn't respond to
deescalation strategies.

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So given this level of
physical aggression,

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the failure of other less
restrictive techniques,

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her BI exits the room

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and tells Zuri she cannot leave the room.

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She needs to stay in there until
the BI allows her to leave.

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So she closes the door and heads out.

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So again, we'll take the 15 to 20 seconds

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to type your response, but not hit Enter.

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Is this scenario a seclusion
with Zuri and why or why not?

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All right, and you can
hit Enter on your answers.

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Yep, I'm seeing a lot of yeses.

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So you all were accurate.

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This does represent a seclusion

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and it's reportable under Rule 4500.

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So she's alone in the quiet room

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and she has to remain until
she has permission to leave.

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So those two kind of big conditions

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for it to be seclusion are met.

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And we do actually have one more scenario

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with Zuri to unpack.

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So again, she becomes highly
aggressive towards her BI.

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They are not able to
deescalate her, it's not safe.

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Given that level of aggression

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and the failure of other less
restrictive interventions,

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the BI exits the room,
but leaves the door open.

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Zuri is directed to remain in the room

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until she was told she could leave.

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So this is the exact slide
that we just looked at,

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but that red text has changed.

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The BI leaves the door open

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instead of closing it behind them

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Is this a seclusion and why or why not?

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So you can type your response.

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And in a moment we will hit Enter.

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All right, let's see what
everybody thinks this one.

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So this one I'm seeing as
a much more mixed response.

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This is an interesting question

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and one that comes up a lot

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in the support that Tracy
and I provide to schools.

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This is still a seclusion.

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This still counts as a
seclusion under Rule 4500.

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So the child was confined
alone in the quiet room

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and a seclusion doesn't
have to happen in a room.

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It could happen in a hallway,
in an alcove, in an area.

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It could happen behind sort
of a protective divider,

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but she's alone in the space.

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She's not able to interact with anyone.

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And she had to remain there

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until she was given permission to leave.

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So we will touch on this later,

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but even in a case of a seclusion,

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the child must be monitored at all times.

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So you need to maintain
visuals with that child

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and make sure that they're safe in there.

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And that further action
doesn't need to be taken.

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But with the door open, but
the child still can't leave

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and they're still not
interacting with anyone,

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that is still a seclusion under Rule 4500

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and still needs to be reported.

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Anything to add here, Tracy?

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[Tracy] No, just the door being opened

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does not remove the condition
of it being a seclusion.

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All right, thank you.

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So we are going to set
seclusion aside for now.

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We're certainly not
finished talking about it,

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but we're gonna move on
to another definition.

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And that's the definition
of physical escort.

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So our definition or
the Rule 4500 definition

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of physical escort is
momentary touching or holding

253
00:13:43,980 --> 00:13:45,870
without the use of force.

254
00:13:45,870 --> 00:13:49,260
A student may be exhibiting
minimal resistance,

255
00:13:49,260 --> 00:13:51,930
but it's for the purpose of
just directing their movement

256
00:13:51,930 --> 00:13:54,063
and is not considered a restraint.

257
00:13:56,940 --> 00:14:00,840
A moving restraint or a transport,

258
00:14:00,840 --> 00:14:02,760
which is governed by Rule 4500

259
00:14:02,760 --> 00:14:04,980
is the use of physical force.

260
00:14:04,980 --> 00:14:08,490
It's also a momentary
period of physical contact,

261
00:14:08,490 --> 00:14:11,160
but it's more than a
minimum level of force

262
00:14:11,160 --> 00:14:12,720
from a staff member.

263
00:14:12,720 --> 00:14:15,690
It may involve restriction
of the student's movement.

264
00:14:15,690 --> 00:14:18,420
The student would be actively resisting.

265
00:14:18,420 --> 00:14:19,860
And as I said at the beginning,

266
00:14:19,860 --> 00:14:23,520
this is a restraint and this
is governed by Rule 4500

267
00:14:23,520 --> 00:14:26,050
and the protocols of reporting

268
00:14:26,910 --> 00:14:28,530
and everything that goes along

269
00:14:28,530 --> 00:14:30,753
with a restraint of a student.

270
00:14:33,240 --> 00:14:36,960
So just to kind of lay that side by side

271
00:14:36,960 --> 00:14:37,860
a little more clearly,

272
00:14:37,860 --> 00:14:40,140
I'll give you all a moment to review it,

273
00:14:40,140 --> 00:14:43,320
but the first two conditions are the same.

274
00:14:43,320 --> 00:14:45,390
Both an escort and a moving restraint

275
00:14:45,390 --> 00:14:48,570
are a temporary or momentary
period of physical contact

276
00:14:48,570 --> 00:14:50,910
between a student and a staff member.

277
00:14:50,910 --> 00:14:52,380
And they're both for the purpose

278
00:14:52,380 --> 00:14:55,380
of moving directly from
one place to another.

279
00:14:55,380 --> 00:14:59,880
An escort is with minimal or no force.

280
00:14:59,880 --> 00:15:03,600
So for example, if you use CPI training

281
00:15:03,600 --> 00:15:05,610
that a lower medium level transport

282
00:15:05,610 --> 00:15:07,023
would fit that description,

283
00:15:07,890 --> 00:15:11,880
whereas a moving restraint is
a CPI high level transport,

284
00:15:11,880 --> 00:15:14,250
or it's another form of restraint

285
00:15:14,250 --> 00:15:16,320
that involves restriction
of a student's movement

286
00:15:16,320 --> 00:15:17,940
and more than the minimum level

287
00:15:17,940 --> 00:15:19,563
of force from a staff member.

288
00:15:20,790 --> 00:15:23,940
In an escort, a student
is demonstrating minimal

289
00:15:23,940 --> 00:15:27,570
or no physical resistance,
maybe some verbal resistance

290
00:15:27,570 --> 00:15:28,710
and in a moving restraint,

291
00:15:28,710 --> 00:15:30,420
the student is physically resisting.

292
00:15:30,420 --> 00:15:32,430
They're not moving of their own cord

293
00:15:32,430 --> 00:15:36,033
and even actively
attempting to halt movement.

294
00:15:37,260 --> 00:15:41,040
So this, again, you'll
get these slides later,

295
00:15:41,040 --> 00:15:44,730
or you can access them later
if you need to review this,

296
00:15:44,730 --> 00:15:46,470
or you're also welcome to reach out

297
00:15:46,470 --> 00:15:49,080
to Tracy or myself for more clarity,

298
00:15:49,080 --> 00:15:50,940
if you're looking at
policies surrounding this,

299
00:15:50,940 --> 00:15:53,430
but the escort on the left

300
00:15:53,430 --> 00:15:55,950
does not need to follow the 4500 protocol,

301
00:15:55,950 --> 00:15:57,390
including reporting,

302
00:15:57,390 --> 00:15:58,950
the moving restraint on the right

303
00:15:58,950 --> 00:16:00,873
does need to follow that protocol.

304
00:16:02,790 --> 00:16:05,370
[Tracy] And just for the sake of clarity,

305
00:16:05,370 --> 00:16:10,370
some of the training programs
will use the word escort,

306
00:16:11,820 --> 00:16:16,770
but what they are really
doing is a moving restraint.

307
00:16:16,770 --> 00:16:19,950
So there's a bit of semantics here

308
00:16:19,950 --> 00:16:22,980
and we are using the term moving restraint

309
00:16:22,980 --> 00:16:26,280
to differentiate between the escort,

310
00:16:26,280 --> 00:16:29,820
which is not governed by 4500,

311
00:16:29,820 --> 00:16:34,440
but that which does
restrict a child's movement

312
00:16:34,440 --> 00:16:37,350
and involves some force.

313
00:16:37,350 --> 00:16:38,183
Thank you.

314
00:16:39,660 --> 00:16:41,820
And again, we're gonna have a few polls

315
00:16:41,820 --> 00:16:44,970
that I think will help
to clarify this further.

316
00:16:44,970 --> 00:16:49,970
So we are going into a
new scenario here with Ben

317
00:16:50,070 --> 00:16:55,070
and we are going to ask
if this involves an escort

318
00:16:55,110 --> 00:16:58,353
or a moving restraint and why or why not?

319
00:16:59,190 --> 00:17:02,490
So in this scenario, Ben is
asked to step into the hallway

320
00:17:02,490 --> 00:17:05,610
to discuss a matter with
his classroom assistant.

321
00:17:05,610 --> 00:17:08,940
Ben refused, and instead
he crawled under his desk,

322
00:17:08,940 --> 00:17:11,440
something that I think many
of us are familiar with

323
00:17:11,440 --> 00:17:13,740
having worked with students.

324
00:17:13,740 --> 00:17:16,530
Luckily his assistant is
able to verbally coax him out

325
00:17:16,530 --> 00:17:17,490
from under his desk,

326
00:17:17,490 --> 00:17:19,470
but he still refuses
to leave the classroom

327
00:17:19,470 --> 00:17:22,380
and he says, he's staying
right where he is.

328
00:17:22,380 --> 00:17:25,440
So the assistant places their
arm across Ben's shoulders

329
00:17:25,440 --> 00:17:27,030
and engaged him in conversation

330
00:17:27,030 --> 00:17:29,280
while slowly moving toward the door.

331
00:17:29,280 --> 00:17:30,960
Ben grumbled and complained,

332
00:17:30,960 --> 00:17:33,750
but slowly moved along with the assistant.

333
00:17:33,750 --> 00:17:35,370
So they make it out the door,

334
00:17:35,370 --> 00:17:38,400
but his assistant has her
arm across his shoulders

335
00:17:38,400 --> 00:17:41,490
and is kind of gently guiding
him and talking with him

336
00:17:41,490 --> 00:17:43,443
while they move to the door.

337
00:17:45,090 --> 00:17:47,850
So without hitting Enter yet,

338
00:17:47,850 --> 00:17:51,630
let's take 15 to 20 seconds to type in

339
00:17:51,630 --> 00:17:55,263
is this an escort or is
it a moving restraint?

340
00:18:03,960 --> 00:18:06,333
And hold on to hitting
Enter just yet, sorry.

341
00:18:09,870 --> 00:18:11,793
And we'll go ahead and hit Enter.

342
00:18:15,240 --> 00:18:19,200
Yep, I think I'm seeing a
hundred percent of people

343
00:18:19,200 --> 00:18:22,560
saying correctly that this is an escort.

344
00:18:22,560 --> 00:18:25,020
So this was an intervention

345
00:18:25,020 --> 00:18:27,810
that involved minimal force
from the staff member,

346
00:18:27,810 --> 00:18:29,580
verbal resistance from the student,

347
00:18:29,580 --> 00:18:30,990
but not physical resistance.

348
00:18:30,990 --> 00:18:35,130
He's not being carried out of the room.

349
00:18:35,130 --> 00:18:36,720
Escorts are allowable

350
00:18:36,720 --> 00:18:39,720
and they don't need to be
reported as restraints.

351
00:18:39,720 --> 00:18:41,880
So again, be aware of the language

352
00:18:41,880 --> 00:18:44,370
that your training program might use.

353
00:18:44,370 --> 00:18:48,090
But if it is a situation
where there's minimal force,

354
00:18:48,090 --> 00:18:50,040
you're touching that student,

355
00:18:50,040 --> 00:18:54,300
but they're not actively
physically resisting

356
00:18:54,300 --> 00:18:59,073
that it doesn't fall under
Rule 4500 reporting protocol.

357
00:19:02,280 --> 00:19:04,869
And returning to some of the definitions,

358
00:19:04,869 --> 00:19:08,220
physical restraint is
the use of physical force

359
00:19:08,220 --> 00:19:11,250
to prevent an imminent and
substantial risk of bodily harm

360
00:19:11,250 --> 00:19:13,470
to the student or others.

361
00:19:13,470 --> 00:19:15,390
We will return to that definition

362
00:19:15,390 --> 00:19:18,750
of imminent and substantial
risk of bodily harm later.

363
00:19:18,750 --> 00:19:20,160
So stay tuned.

364
00:19:20,160 --> 00:19:22,980
And then a prone restraint
is a type of restraint

365
00:19:22,980 --> 00:19:26,700
where a child is held face
down on his or her stomach.

366
00:19:26,700 --> 00:19:29,280
A supine restraint is
where the student is held

367
00:19:29,280 --> 00:19:31,140
on his or her back.

368
00:19:31,140 --> 00:19:34,140
So those are sometimes referred
to as floor restraints,

369
00:19:34,140 --> 00:19:35,373
prone and supine.

370
00:19:36,210 --> 00:19:37,710
And our note about those,

371
00:19:37,710 --> 00:19:39,473
which is clarified in Rule 4500 as well,

372
00:19:39,473 --> 00:19:42,930
is that they are prohibited in situations

373
00:19:42,930 --> 00:19:45,150
except when a student size

374
00:19:45,150 --> 00:19:47,640
and severity of behavior require it

375
00:19:47,640 --> 00:19:50,640
because a less restrictive
restraint has failed

376
00:19:50,640 --> 00:19:52,203
or would be ineffective.

377
00:19:53,310 --> 00:19:55,560
And that's simply because
they're more restrictive

378
00:19:55,560 --> 00:19:56,730
and they're more dangerous

379
00:19:56,730 --> 00:20:01,730
in cases where students have been harmed

380
00:20:01,770 --> 00:20:05,220
or even deaths that have
occurred in schools.

381
00:20:05,220 --> 00:20:10,220
It is largely when prone
or supine restraint is used

382
00:20:10,650 --> 00:20:13,950
because of the danger posed
by those particular poses.

383
00:20:13,950 --> 00:20:17,280
So they are permitted in Vermont schools,

384
00:20:17,280 --> 00:20:20,250
but again, only if the student's size

385
00:20:20,250 --> 00:20:22,800
and severity of behavior require it

386
00:20:22,800 --> 00:20:24,900
and a less restrictive restraint

387
00:20:24,900 --> 00:20:26,970
has been attempted and failed

388
00:20:26,970 --> 00:20:31,113
or is judged to be ineffective
to prevent physical harm.

389
00:20:37,260 --> 00:20:40,680
So we're gonna jump into another poll.

390
00:20:40,680 --> 00:20:42,450
And again, don't type,

391
00:20:42,450 --> 00:20:45,600
or you can type your response,
but don't hit Enter just yet.

392
00:20:45,600 --> 00:20:49,200
We are asking if this incident
represents a restraint

393
00:20:49,200 --> 00:20:50,940
and why or why not.

394
00:20:50,940 --> 00:20:54,630
So this time using the
scenario involving Ben,

395
00:20:54,630 --> 00:20:56,490
he is pulling at the assistance hair

396
00:20:56,490 --> 00:21:00,570
and uses his knee to forcefully
strike her in the jaw.

397
00:21:00,570 --> 00:21:03,150
She's able to unclench
his fist from her hair

398
00:21:03,150 --> 00:21:05,550
and with her hands
underneath his forearms,

399
00:21:05,550 --> 00:21:08,280
she guides Ben to a standing position.

400
00:21:08,280 --> 00:21:09,420
She speaks quietly

401
00:21:09,420 --> 00:21:13,230
and she uses verbal deescalation
techniques to calm Ben,

402
00:21:13,230 --> 00:21:15,840
but Ben continued to reach toward her hair

403
00:21:15,840 --> 00:21:17,490
and kicked at her shins.

404
00:21:17,490 --> 00:21:19,590
At that point, she used
an approved maneuver

405
00:21:19,590 --> 00:21:22,230
that involved wrapping
his upper arm with hers

406
00:21:22,230 --> 00:21:24,690
and attempting to guide
him toward the door.

407
00:21:24,690 --> 00:21:26,820
Ben attempted to dig in his heels,

408
00:21:26,820 --> 00:21:29,040
but due to his small size,

409
00:21:29,040 --> 00:21:31,500
the assistant was able to
move him toward the doorway

410
00:21:31,500 --> 00:21:33,303
in spite of his opposition.

411
00:21:35,430 --> 00:21:38,130
So take a moment, you
can review the scenario

412
00:21:38,130 --> 00:21:40,110
and don't hit Enter just yet,

413
00:21:40,110 --> 00:21:41,430
but type into the chat,

414
00:21:41,430 --> 00:21:43,920
whether this is a restraint

415
00:21:43,920 --> 00:21:46,470
or whether you believe it was an escort

416
00:21:46,470 --> 00:21:47,920
that we talked about earlier.

417
00:21:55,950 --> 00:21:58,263
All right, and you can
go ahead and hit Enter.

418
00:22:04,830 --> 00:22:09,570
Yes, I'm seeing a lot of
folks typing in restraint.

419
00:22:09,570 --> 00:22:10,403
That is correct.

420
00:22:10,403 --> 00:22:12,660
So this is a moving restraint.

421
00:22:12,660 --> 00:22:15,420
There was more than
minimal force from staff.

422
00:22:15,420 --> 00:22:18,120
Ben was actively physically resisting.

423
00:22:18,120 --> 00:22:21,330
And as we said, moving
restraints are restraints.

424
00:22:21,330 --> 00:22:23,670
They must be reported as
such and they're governed

425
00:22:23,670 --> 00:22:27,333
by all the conditions outlined
in the Rule 4500 series.

426
00:22:32,220 --> 00:22:33,900
And we'll go back to continuing

427
00:22:33,900 --> 00:22:36,540
with clarifying some of these definitions.

428
00:22:36,540 --> 00:22:39,510
So physical restraint under Rule 4500

429
00:22:39,510 --> 00:22:43,620
does not include momentary
periods of physical restriction

430
00:22:43,620 --> 00:22:45,720
accomplished with limited force.

431
00:22:45,720 --> 00:22:47,760
So that might be, for example,

432
00:22:47,760 --> 00:22:50,340
the escorts that we talked about,

433
00:22:50,340 --> 00:22:53,790
minimum contact necessary
to direct a student

434
00:22:53,790 --> 00:22:58,170
to a new location, hand-over-hand
assistance with a task.

435
00:22:58,170 --> 00:23:01,260
So for example, if
you're helping a student

436
00:23:01,260 --> 00:23:03,240
learning to tie their shoes,

437
00:23:03,240 --> 00:23:05,550
or if you're helping
them to feed themselves,

438
00:23:05,550 --> 00:23:09,390
hand-over-hand assistance,
that's not considered restraint.

439
00:23:09,390 --> 00:23:12,330
And it does not include
techniques that are prescribed

440
00:23:12,330 --> 00:23:14,490
by a qualified medical professional.

441
00:23:14,490 --> 00:23:17,220
So for example, if a
child is in a wheelchair

442
00:23:17,220 --> 00:23:19,110
and the wheelchair has a seatbelt,

443
00:23:19,110 --> 00:23:20,940
that's not considered a restraint

444
00:23:20,940 --> 00:23:24,183
because it is prescribed
by a medical professional.

445
00:23:29,160 --> 00:23:32,190
And I know I just
mentioned the wheelchair.

446
00:23:32,190 --> 00:23:35,640
So the one that we are about
to do the next scenario

447
00:23:35,640 --> 00:23:37,080
actually involves that.

448
00:23:37,080 --> 00:23:39,750
So we're going to say, does the
following incident represent

449
00:23:39,750 --> 00:23:43,323
an acceptable use of
restraint and why, or why not?

450
00:23:44,490 --> 00:23:46,890
Cara is a fourth grade
student with disabilities

451
00:23:46,890 --> 00:23:50,160
who previously used a
wheelchair for mobility reasons.

452
00:23:50,160 --> 00:23:51,630
Over the past year, however,

453
00:23:51,630 --> 00:23:55,140
Cara has made significant
progress in her physical therapy

454
00:23:55,140 --> 00:23:57,960
and she's actually able to move
freely around the classroom

455
00:23:57,960 --> 00:24:01,740
comfortably without the use
of her chair most of the time.

456
00:24:01,740 --> 00:24:04,170
However, her wheelchair is still available

457
00:24:04,170 --> 00:24:05,910
in case of emergencies.

458
00:24:05,910 --> 00:24:08,970
For example, if there is
a building evacuation,

459
00:24:08,970 --> 00:24:10,530
her behavioral interventionist

460
00:24:10,530 --> 00:24:12,480
might have her sit in the wheelchair

461
00:24:12,480 --> 00:24:14,730
so that they could
quickly exit the building.

462
00:24:15,630 --> 00:24:17,970
Recently, her BI has
been using the wheelchair

463
00:24:17,970 --> 00:24:21,180
to keep Cara contained when
she becomes dysregulated.

464
00:24:21,180 --> 00:24:23,850
Sometimes the student will yell loudly,

465
00:24:23,850 --> 00:24:25,380
she'll throw herself onto the floor,

466
00:24:25,380 --> 00:24:27,737
or even throw her books at her BI's face.

467
00:24:27,737 --> 00:24:30,270
And so her BI will strap
her into her wheelchair

468
00:24:30,270 --> 00:24:31,500
at those times.

469
00:24:31,500 --> 00:24:32,910
Often just the suggestion

470
00:24:32,910 --> 00:24:34,530
that she'll need to go in the chair

471
00:24:34,530 --> 00:24:37,353
helps her BI to deescalate her behavior.

472
00:24:38,460 --> 00:24:43,460
So before hitting Enter, take
about 15 seconds to type in,

473
00:24:44,130 --> 00:24:47,730
do you think this is an
acceptable use of restraint

474
00:24:47,730 --> 00:24:49,143
and why or why not?

475
00:24:59,820 --> 00:25:01,270
All right, you can hit Enter.

476
00:25:11,190 --> 00:25:12,660
Yes, you all are correct.

477
00:25:12,660 --> 00:25:16,770
This is a restraint and it's
also a non-permitted restraint.

478
00:25:16,770 --> 00:25:19,050
I think I saw somebody type this.

479
00:25:19,050 --> 00:25:20,580
It is a mechanical restraint

480
00:25:20,580 --> 00:25:23,700
and it is not permitted
by Vermont's rules.

481
00:25:23,700 --> 00:25:27,210
So Cara does not need her
wheelchair for mobility anymore

482
00:25:27,210 --> 00:25:30,630
so it's no longer a prescribed
or authorized device

483
00:25:30,630 --> 00:25:34,410
being used under the supervision
of a medical professional.

484
00:25:34,410 --> 00:25:35,970
The wheelchair straps in this case

485
00:25:35,970 --> 00:25:38,640
are being used as a mechanical restraint.

486
00:25:38,640 --> 00:25:41,820
Even if she was presenting a
risk of imminent physical harm

487
00:25:41,820 --> 00:25:44,640
to herself or to her BI,
this type of restraint

488
00:25:44,640 --> 00:25:47,310
is never permitted in Vermont schools.

489
00:25:47,310 --> 00:25:50,190
Another intervention
needs to be used instead

490
00:25:50,190 --> 00:25:52,770
to protect Cara and her
behavioral interventionist

491
00:25:52,770 --> 00:25:54,723
when her behavior becomes unsafe.

492
00:25:59,790 --> 00:26:02,490
And I am actually going
to turn it over to Tracy

493
00:26:02,490 --> 00:26:04,500
for this next piece.

494
00:26:04,500 --> 00:26:05,910
There will still be definitions

495
00:26:05,910 --> 00:26:07,593
and there will still be polls.

496
00:26:09,150 --> 00:26:11,400
[Tracy] Okay, thanks.

497
00:26:11,400 --> 00:26:16,400
So now we are going to
define substantial risk.

498
00:26:16,440 --> 00:26:21,120
So, and you'll hear us say this repeatedly

499
00:26:21,120 --> 00:26:23,760
throughout the webinar

500
00:26:23,760 --> 00:26:28,760
that restraints and
seclusions are only permitted

501
00:26:28,830 --> 00:26:33,750
when the student is posing
a substantial risk of harm.

502
00:26:33,750 --> 00:26:38,580
So we're going to unpack
exactly what that means.

503
00:26:38,580 --> 00:26:42,940
So substantial risk needs to be imminent

504
00:26:42,940 --> 00:26:47,940
and it needs to involve the
risk of significant bodily harm.

505
00:26:49,680 --> 00:26:53,493
We'll go forward and
unpack those even further.

506
00:26:54,540 --> 00:26:58,020
So by imminent, we mean that the effects

507
00:26:58,020 --> 00:27:02,847
of the student's behavior
are, or will be immediate,

508
00:27:04,170 --> 00:27:07,110
or they could occur at any time.

509
00:27:07,110 --> 00:27:09,660
It means that the child has the ability

510
00:27:09,660 --> 00:27:14,310
or the means to enact
physical injury or bodily harm

511
00:27:14,310 --> 00:27:16,410
through their behavior

512
00:27:16,410 --> 00:27:20,220
and even after adults have provided

513
00:27:20,220 --> 00:27:24,150
less restrictive interventions
to deescalate the behavior,

514
00:27:24,150 --> 00:27:28,650
the child's behavior persists
or cannot be prevented.

515
00:27:28,650 --> 00:27:31,410
So it's imminent, it is happening,

516
00:27:31,410 --> 00:27:35,223
or it is about to happen
right then and there.

517
00:27:37,020 --> 00:27:41,070
In terms of significant bodily harm,

518
00:27:41,070 --> 00:27:46,070
what we are talking about, and
we have defined this further

519
00:27:47,220 --> 00:27:50,713
for the use of part of Act 35,

520
00:27:52,290 --> 00:27:55,140
which is not part of this webinar,

521
00:27:55,140 --> 00:28:00,140
but that act in part
defines when a student

522
00:28:01,230 --> 00:28:06,230
under the age of eight is
allowed to be suspended.

523
00:28:08,220 --> 00:28:12,280
And so we drew from specific Vermont law

524
00:28:13,200 --> 00:28:18,200
to define exactly what we mean
by significant bodily harm.

525
00:28:18,510 --> 00:28:20,250
And here, what we mean

526
00:28:20,250 --> 00:28:23,760
is that the harm would be severe enough

527
00:28:23,760 --> 00:28:28,760
to cause an injury such as a
cut, abrasion, burn, bruise,

528
00:28:30,360 --> 00:28:32,280
or disfigurement.

529
00:28:32,280 --> 00:28:35,220
It would be severe enough to cause pain,

530
00:28:35,220 --> 00:28:39,600
physical pain or injury,
or I'm sorry, illness.

531
00:28:39,600 --> 00:28:42,780
And it would be severe
enough to impair the function

532
00:28:42,780 --> 00:28:45,960
of one of their limbs or a bodily member

533
00:28:45,960 --> 00:28:48,390
or an organ or a mental faculty.

534
00:28:48,390 --> 00:28:50,280
So by mental faculty,

535
00:28:50,280 --> 00:28:54,600
we mean something like a
concussion, for example.

536
00:28:54,600 --> 00:28:58,710
So the bar is set really high for this

537
00:28:58,710 --> 00:29:01,860
because restraints and seclusions

538
00:29:01,860 --> 00:29:04,980
are very restrictive interventions

539
00:29:04,980 --> 00:29:09,980
and should only be used as
an emergency intervention

540
00:29:10,350 --> 00:29:15,350
when there is an imminent,
substantial risk of harm.

541
00:29:16,090 --> 00:29:18,330
We're not talking about verbal threats.

542
00:29:18,330 --> 00:29:20,370
We're not talking about non-compliance,

543
00:29:20,370 --> 00:29:22,830
we're not talking about anything

544
00:29:22,830 --> 00:29:26,820
except what is happening
right then and there

545
00:29:26,820 --> 00:29:29,640
and cannot be prevented otherwise.

546
00:29:29,640 --> 00:29:32,100
And the risk is great enough

547
00:29:32,100 --> 00:29:36,183
that it could cause
significant bodily harm.

548
00:29:37,260 --> 00:29:41,493
Okay, so let's go to poll number eight.

549
00:29:42,570 --> 00:29:44,940
I'm gonna ask you if this incident

550
00:29:44,940 --> 00:29:48,720
presents a substantial risk.

551
00:29:48,720 --> 00:29:50,280
So in this example,

552
00:29:50,280 --> 00:29:53,700
Chloe is a high school,
junior rugby player.

553
00:29:53,700 --> 00:29:58,700
She is big and strong
and large and in charge.

554
00:30:00,690 --> 00:30:04,680
And in this case, she was
angry at the score she received

555
00:30:04,680 --> 00:30:07,920
on a quiz and she lashed
out at her teacher.

556
00:30:07,920 --> 00:30:12,540
She loudly provided very
specific threats to the teacher,

557
00:30:12,540 --> 00:30:16,740
such as "I'm gonna slash your
throat with a 10-inch blade."

558
00:30:16,740 --> 00:30:21,087
And "I'm gonna run your baby
over with my boyfriend's car."

559
00:30:22,410 --> 00:30:25,080
At first, the teacher
praised the other students

560
00:30:25,080 --> 00:30:29,400
who were sitting quietly and
she planfully ignored Chloe,

561
00:30:29,400 --> 00:30:31,200
but then Chloe continued

562
00:30:31,200 --> 00:30:35,130
and so the teacher positioned
herself at a safe distance,

563
00:30:35,130 --> 00:30:37,920
but closer to Chloe's desk.

564
00:30:37,920 --> 00:30:40,650
And she spoke softly and quietly

565
00:30:40,650 --> 00:30:43,800
prompting her to use one of
her anger management skills

566
00:30:43,800 --> 00:30:46,050
and giving her the choice to take a break

567
00:30:46,050 --> 00:30:49,860
and process her feelings
with another staff member.

568
00:30:49,860 --> 00:30:53,010
Chloe, however, stubbornly
remained in her seat,

569
00:30:53,010 --> 00:30:54,840
arms crossed over her chest

570
00:30:54,840 --> 00:30:57,603
and continued with the verbal threats.

571
00:30:58,650 --> 00:31:03,650
So as with the previous
waterfall responses,

572
00:31:05,280 --> 00:31:08,190
please type in your answer
as to whether or not

573
00:31:08,190 --> 00:31:13,190
this incident with Chloe
poses a substantial risk.

574
00:31:13,290 --> 00:31:16,773
Type it in, but don't
send it until I say go.

575
00:31:25,830 --> 00:31:29,493
All right, why don't you
go ahead and hit Send.

576
00:31:32,640 --> 00:31:33,963
Okay, great.

577
00:31:34,920 --> 00:31:39,183
Yep, I'm seeing everyone saying, no,

578
00:31:40,650 --> 00:31:44,100
Chloe's not presenting substantial risk.

579
00:31:44,100 --> 00:31:48,450
She is remaining seated at her desk,

580
00:31:48,450 --> 00:31:50,700
even with her arms crossed.

581
00:31:50,700 --> 00:31:52,560
And she didn't have the means

582
00:31:52,560 --> 00:31:56,193
by which to carry out
any of those threats.

583
00:31:57,840 --> 00:32:01,290
The teacher did make several
attempts to deescalate her,

584
00:32:01,290 --> 00:32:02,823
but she persisted.

585
00:32:03,750 --> 00:32:06,600
Still she wasn't showing
imminent risk of harm

586
00:32:06,600 --> 00:32:08,733
given that she remained in her seat.

587
00:32:09,600 --> 00:32:11,550
She did not have a knife

588
00:32:11,550 --> 00:32:14,580
nor her boyfriend's car at the moment.

589
00:32:14,580 --> 00:32:18,420
And the teacher's baby presumably was safe

590
00:32:18,420 --> 00:32:20,763
at a childcare center or at home.

591
00:32:21,630 --> 00:32:23,460
So Chloe had no means

592
00:32:23,460 --> 00:32:26,793
by which to enact those
threats in the moment.

593
00:32:28,050 --> 00:32:33,050
But let's go further
with Chloe and this time,

594
00:32:36,330 --> 00:32:40,113
wait, I just lost my place here.

595
00:32:42,900 --> 00:32:47,900
This time Chloe begins
tearing up pieces of paper

596
00:32:48,780 --> 00:32:51,600
from her notebook,
wading them up into balls

597
00:32:51,600 --> 00:32:53,610
and throwing them at her teacher.

598
00:32:53,610 --> 00:32:55,050
She has really good aim.

599
00:32:55,050 --> 00:32:57,660
And so several of those paper balls

600
00:32:57,660 --> 00:33:00,483
strike the teacher's head and torso.

601
00:33:01,620 --> 00:33:06,123
So does this behavior now pose
a substantial risk of harm?

602
00:33:07,200 --> 00:33:11,283
Go ahead and type your answer,
but don't hit Send quite yet.

603
00:33:20,140 --> 00:33:22,443
Okay, go ahead and hit Send now.

604
00:33:24,600 --> 00:33:27,633
That's great, all right.

605
00:33:29,250 --> 00:33:30,843
You're all with me here.

606
00:33:31,740 --> 00:33:35,730
You're correct, this does not
represent a substantial risk.

607
00:33:35,730 --> 00:33:40,170
Paper balls do not pose
a risk of serious injury

608
00:33:40,170 --> 00:33:42,240
although they're not acceptable.

609
00:33:42,240 --> 00:33:44,130
Getting hit with a paper ball

610
00:33:44,130 --> 00:33:47,490
doesn't pose the risk of a serious injury,

611
00:33:47,490 --> 00:33:51,330
such that a cut or an
abrasion or a bruise or a burn

612
00:33:51,330 --> 00:33:53,130
or disfigurement, pain, illness

613
00:33:53,130 --> 00:33:56,520
or impaired bodily function would occur.

614
00:33:56,520 --> 00:34:01,520
So no, a paper ball isn't going
to cause significant harm.

615
00:34:04,080 --> 00:34:09,080
Let's move on to poll 10 and
still talking about Chloe,

616
00:34:09,540 --> 00:34:14,160
this time, when the teacher
moved closer to Chloe's desk,

617
00:34:14,160 --> 00:34:17,550
this student stood up and hurled her desk

618
00:34:17,550 --> 00:34:19,890
directly at the teacher.

619
00:34:19,890 --> 00:34:24,060
Then she began grabbing
random objects like chairs,

620
00:34:24,060 --> 00:34:26,640
the classroom globe, staplers,

621
00:34:26,640 --> 00:34:31,640
and she threw those objects
at the teacher as well.

622
00:34:31,980 --> 00:34:36,980
And remember, Chloe is a
large and strong rugby player

623
00:34:38,590 --> 00:34:40,470
and she has good aim.

624
00:34:40,470 --> 00:34:44,913
So does this behavior now
pose a substantial risk?

625
00:34:57,450 --> 00:35:00,213
Okay, go ahead and hit Send.

626
00:35:07,567 --> 00:35:08,484
Okay, nice.

627
00:35:11,070 --> 00:35:14,643
So, I noticed that one person said no.

628
00:35:15,810 --> 00:35:18,453
And who is that?

629
00:35:20,400 --> 00:35:23,010
Anyway, person who said no

630
00:35:23,010 --> 00:35:28,010
is talking about whether or not
this is an allowable use of,

631
00:35:30,630 --> 00:35:33,990
whether it would be an allowable
reason to restrain Chloe.

632
00:35:33,990 --> 00:35:36,360
And we're not getting into that just yet.

633
00:35:36,360 --> 00:35:41,360
We're just talking about is
Chloe posing a substantial risk?

634
00:35:42,000 --> 00:35:45,450
And so the answer here is yes,

635
00:35:45,450 --> 00:35:50,400
it is posing a substantial
risk because Chloe has access

636
00:35:50,400 --> 00:35:53,580
to all of these materials in the room

637
00:35:53,580 --> 00:35:57,180
and she's using them to enact harm.

638
00:35:57,180 --> 00:36:01,200
Heavy objects like tables,
chairs, globes, and staplers

639
00:36:01,200 --> 00:36:05,253
could indeed cause
significant physical injuries.

640
00:36:06,810 --> 00:36:11,220
Let's not forget, again, that
she's a strong rugby player

641
00:36:11,220 --> 00:36:14,670
and she's carrying
through with her threats.

642
00:36:14,670 --> 00:36:16,320
They're no longer just threats,

643
00:36:16,320 --> 00:36:18,660
she's following through with them

644
00:36:18,660 --> 00:36:22,203
and posing a significant
and immediate risk of harm.

645
00:36:25,140 --> 00:36:28,710
Okay, let's go on.

646
00:36:28,710 --> 00:36:33,120
And let's now talk about permissible.

647
00:36:33,120 --> 00:36:36,810
So we're now no longer
talking about definitions.

648
00:36:36,810 --> 00:36:41,140
Now we are talking about
what is, or is not allowed

649
00:36:42,090 --> 00:36:44,433
here in terms of seclusion.

650
00:36:45,360 --> 00:36:49,860
So we have our definition
of seclusion down.

651
00:36:49,860 --> 00:36:54,860
It means that the child is
confined alone in a space

652
00:36:54,960 --> 00:36:59,400
and they are not permitted
or reasonably believe

653
00:36:59,400 --> 00:37:01,563
that they would not be permitted to leave.

654
00:37:05,190 --> 00:37:08,820
Seclusion may be used

655
00:37:08,820 --> 00:37:13,820
only when they are in a
space that's large enough

656
00:37:15,240 --> 00:37:17,100
to permit safe movement,

657
00:37:17,100 --> 00:37:20,430
that's adequately lit, heated ventilated,

658
00:37:20,430 --> 00:37:24,120
free of sharp or otherwise
dangerous objects.

659
00:37:24,120 --> 00:37:27,723
And it's in compliance
with fire and safety codes.

660
00:37:28,590 --> 00:37:30,210
They can be secluded

661
00:37:30,210 --> 00:37:34,230
only when there are no
known developmental,

662
00:37:34,230 --> 00:37:36,450
medical, psychological,

663
00:37:36,450 --> 00:37:39,660
or other contraindications to its use.

664
00:37:39,660 --> 00:37:42,540
We'll get back to that in a moment.

665
00:37:42,540 --> 00:37:45,150
And seclusion may be used

666
00:37:45,150 --> 00:37:48,633
only when physical restraint
is contraindicated.

667
00:37:50,190 --> 00:37:52,683
Go on to the next slide.

668
00:37:53,610 --> 00:37:56,700
So let's go through this once again,

669
00:37:56,700 --> 00:37:58,470
only when there's an imminent risk,

670
00:37:58,470 --> 00:38:02,250
only when other less restrictive
interventions have failed.

671
00:38:02,250 --> 00:38:04,533
I'm sorry, I think I skipped a slide,

672
00:38:06,810 --> 00:38:10,530
but only when, sorry,

673
00:38:10,530 --> 00:38:14,160
only when less restrictive
interventions have failed,

674
00:38:14,160 --> 00:38:18,150
only by a trained staff, only
as a temporary intervention,

675
00:38:18,150 --> 00:38:23,150
only when monitored, only
if the space meets criteria.

676
00:38:24,180 --> 00:38:29,010
And only when there are no
known contraindications,

677
00:38:29,010 --> 00:38:33,873
such as physical restraint
being contraindicated.

678
00:38:35,130 --> 00:38:38,190
Let's go on to the next slide.

679
00:38:38,190 --> 00:38:40,530
And this can be confusing,

680
00:38:40,530 --> 00:38:43,290
and this is why we've
issued some written guidance

681
00:38:43,290 --> 00:38:46,530
that you can see we posted in the chat.

682
00:38:46,530 --> 00:38:51,530
And I've gone through this many
times in previous trainings,

683
00:38:51,570 --> 00:38:55,697
but it's still something that
feels very counterintuitive

684
00:38:56,790 --> 00:38:58,203
to a lot of people.

685
00:38:59,589 --> 00:39:04,589
What we need to say here is
that seclusion in Vermont

686
00:39:05,820 --> 00:39:09,630
is permitted only when physical restraint

687
00:39:09,630 --> 00:39:11,223
is contraindicated.

688
00:39:13,350 --> 00:39:16,230
It is considered the less restrictive

689
00:39:16,230 --> 00:39:18,693
and the preferred intervention.

690
00:39:20,100 --> 00:39:25,100
The law was enacted only
after a lot of public comment

691
00:39:25,740 --> 00:39:30,740
and input from many, many
different aspects of society,

692
00:39:31,620 --> 00:39:36,210
many different people with
a shared interest here.

693
00:39:36,210 --> 00:39:39,960
And it was concluded that restraint

694
00:39:39,960 --> 00:39:42,420
truly is the most preferable

695
00:39:42,420 --> 00:39:45,750
and least restrictive intervention

696
00:39:45,750 --> 00:39:48,303
unless, of course, it's contraindicated.

697
00:39:50,040 --> 00:39:51,540
I want to interject here

698
00:39:51,540 --> 00:39:54,963
that there is pending federal legislation,

699
00:39:55,830 --> 00:40:00,420
that if it were enacted into law

700
00:40:00,420 --> 00:40:05,420
it would outlaw or ban
seclusions altogether

701
00:40:05,820 --> 00:40:07,950
in any school in the United States.

702
00:40:07,950 --> 00:40:12,950
And in fact, some states have
banned the use of seclusions.

703
00:40:13,830 --> 00:40:17,610
So seclusions must not be used

704
00:40:17,610 --> 00:40:22,273
except when physical restraint
has been deemed inadvisable.

705
00:40:26,730 --> 00:40:29,790
So there are, however,

706
00:40:29,790 --> 00:40:34,050
so I wanna make clear that seclusion

707
00:40:34,050 --> 00:40:38,640
is banned except under
certain circumstances.

708
00:40:38,640 --> 00:40:41,100
There are valid reasons though

709
00:40:41,100 --> 00:40:44,013
for deeming restraint inadvisable.

710
00:40:45,870 --> 00:40:49,680
Later we'll talk about the
potential impact of COVID-19

711
00:40:49,680 --> 00:40:51,765
on this section of the rules,

712
00:40:51,765 --> 00:40:55,470
but there are some valid reasons

713
00:40:55,470 --> 00:40:59,584
for having this be inadvisable.

714
00:40:59,584 --> 00:41:03,030
That student might have
a medical condition.

715
00:41:03,030 --> 00:41:06,270
They may be injured at the time already.

716
00:41:06,270 --> 00:41:09,990
They may have severe asthma,

717
00:41:09,990 --> 00:41:13,803
which would pose the risk
of positional asphyxia.

718
00:41:15,300 --> 00:41:19,320
You may have data that shows you,

719
00:41:19,320 --> 00:41:21,630
and as a team, you may have met

720
00:41:21,630 --> 00:41:24,420
and looked at that data and seen

721
00:41:24,420 --> 00:41:27,030
that when you restrain a student,

722
00:41:27,030 --> 00:41:29,610
it only escalates them further.

723
00:41:29,610 --> 00:41:34,170
And that those restraints go
on for a long period of time,

724
00:41:34,170 --> 00:41:37,980
or they're very intense,
or someone gets hurt.

725
00:41:37,980 --> 00:41:41,880
That would be a valid
reason for a team to meet

726
00:41:41,880 --> 00:41:46,880
and to determine that
restraint is contraindicated.

727
00:41:47,070 --> 00:41:52,070
So I do encourage you to use
that process of a team meeting.

728
00:41:52,980 --> 00:41:57,180
And I would absolutely involve parents,

729
00:41:57,180 --> 00:42:02,180
guardians and members of
medical establishment,

730
00:42:02,790 --> 00:42:07,260
your school nurse, preferably
the students pediatrician,

731
00:42:07,260 --> 00:42:12,260
if you can get input from
them, but this is serious stuff

732
00:42:14,066 --> 00:42:18,600
and you would be cited with
a violation of the rule

733
00:42:18,600 --> 00:42:21,540
if you secluded a student

734
00:42:21,540 --> 00:42:26,160
without first trying physical restraint,

735
00:42:26,160 --> 00:42:31,160
or unless physical restraint
was contraindicated.

736
00:42:31,590 --> 00:42:34,500
So let's go through some polls

737
00:42:34,500 --> 00:42:37,623
and hopefully we can get
a better handle on this.

738
00:42:38,970 --> 00:42:41,763
So in poll number 11,

739
00:42:43,530 --> 00:42:46,080
we're gonna ask you in this instance,

740
00:42:46,080 --> 00:42:48,363
is seclusion permissible?

741
00:42:49,350 --> 00:42:53,550
When he was told he was
going to be missing recess,

742
00:42:53,550 --> 00:42:55,920
D'Andre lost his temper.

743
00:42:55,920 --> 00:42:57,960
Now, let me just interject here.

744
00:42:57,960 --> 00:43:00,270
I'm not gonna comment here

745
00:43:00,270 --> 00:43:05,270
on whether or not denying recess
to a student is reasonable.

746
00:43:05,310 --> 00:43:07,620
It may well not be reasonable

747
00:43:07,620 --> 00:43:11,400
to disallow a student to go to recess,

748
00:43:11,400 --> 00:43:13,530
but these things do sometimes occur

749
00:43:13,530 --> 00:43:16,680
against the better wishes
of other team members.

750
00:43:16,680 --> 00:43:20,250
And in this case, D'Andre was told

751
00:43:20,250 --> 00:43:22,950
that he couldn't go to recess.

752
00:43:22,950 --> 00:43:25,530
He lost his temper and he climbed

753
00:43:25,530 --> 00:43:29,100
to the top of a tall
shelf next to the windows

754
00:43:29,100 --> 00:43:31,680
where he began pounding his fists

755
00:43:31,680 --> 00:43:34,380
in an attempt to break the glass.

756
00:43:34,380 --> 00:43:38,700
It was glass that couldn't be shattered,

757
00:43:38,700 --> 00:43:41,670
but then he started
banging his head forcefully

758
00:43:41,670 --> 00:43:43,860
against the window.

759
00:43:43,860 --> 00:43:46,140
The teacher evacuated the classroom,

760
00:43:46,140 --> 00:43:49,470
fearing that maybe the glass could shatter

761
00:43:49,470 --> 00:43:52,800
and cause harm to D'Andre or others.

762
00:43:52,800 --> 00:43:56,370
But mostly she was worried about his hand

763
00:43:56,370 --> 00:44:00,720
or most probably his head being injured.

764
00:44:00,720 --> 00:44:04,890
So the classroom was evacuated
and the classroom assistant,

765
00:44:04,890 --> 00:44:06,750
who was CPI-trained,

766
00:44:06,750 --> 00:44:09,330
remained in the classroom with D'Andre

767
00:44:09,330 --> 00:44:12,390
and tried several deescalation techniques.

768
00:44:12,390 --> 00:44:14,970
But the behavior continued.

769
00:44:14,970 --> 00:44:19,970
At that point, another
CPI-trained staff member arrived

770
00:44:20,520 --> 00:44:25,200
and together they were able
to get D'Andre off the shelf.

771
00:44:25,200 --> 00:44:28,110
They accompanied him to the quiet room

772
00:44:28,110 --> 00:44:30,240
and placed him in seclusion

773
00:44:30,240 --> 00:44:33,813
until he was no longer
showing aggressive behaviors.

774
00:44:35,430 --> 00:44:37,500
So the question is,

775
00:44:37,500 --> 00:44:42,500
is seclusion permissible
in this circumstance?

776
00:44:43,650 --> 00:44:45,090
Type in your answers

777
00:44:45,090 --> 00:44:49,470
and hold off on sending until I say, go.

778
00:44:49,470 --> 00:44:52,170
I'll give you a little bit more time

779
00:44:52,170 --> 00:44:53,553
to think about this one.

780
00:45:08,320 --> 00:45:10,953
Okay, go ahead and send your answers.

781
00:45:13,140 --> 00:45:14,703
All right, you guys are good.

782
00:45:16,980 --> 00:45:19,010
All right, nice.

783
00:45:19,010 --> 00:45:23,010
I'm seeing everyone saying no.

784
00:45:23,010 --> 00:45:25,410
So you're correct,

785
00:45:25,410 --> 00:45:29,400
a seclusion would not be
permissible in this instance.

786
00:45:29,400 --> 00:45:31,500
With no other students in the room

787
00:45:31,500 --> 00:45:34,560
and with two trained staff members,

788
00:45:34,560 --> 00:45:36,120
the adults may have been able

789
00:45:36,120 --> 00:45:40,710
to employ additional strategies
to deescalate D'Andre.

790
00:45:40,710 --> 00:45:45,660
And let's be clear that
the substantial risk

791
00:45:45,660 --> 00:45:49,770
of a broken window per
se, isn't of concern,

792
00:45:49,770 --> 00:45:54,770
but of D'Andre causing substantial
risk to his hands or head

793
00:45:55,020 --> 00:45:57,240
is what the concern is.

794
00:45:57,240 --> 00:46:02,100
So if the blows to his
head were of concern,

795
00:46:02,100 --> 00:46:05,430
the adults may have been
able to coax D'Andre

796
00:46:05,430 --> 00:46:06,930
off the bookshelf,

797
00:46:06,930 --> 00:46:11,010
and then they could corral him
to a safer part of the room.

798
00:46:11,010 --> 00:46:12,840
And in that case,

799
00:46:12,840 --> 00:46:16,170
I would suggest that they
call for medical assistance

800
00:46:16,170 --> 00:46:17,463
to check his head.

801
00:46:19,260 --> 00:46:21,900
But if those strategies failed

802
00:46:21,900 --> 00:46:24,990
and D'Andre continued
to put himself at risk

803
00:46:24,990 --> 00:46:29,130
for substantial harm,
given that no additional,

804
00:46:29,130 --> 00:46:32,280
given that no, ah, sorry.

805
00:46:32,280 --> 00:46:36,600
Given no information that
restraint was contraindicated,

806
00:46:36,600 --> 00:46:39,960
the staff members could
have restrained him

807
00:46:39,960 --> 00:46:43,290
and a medical staff member
should have been called

808
00:46:43,290 --> 00:46:48,290
to assess him right there
in the evacuated classroom.

809
00:46:52,060 --> 00:46:53,640
-Okay.
-I just have a quick question

810
00:46:53,640 --> 00:46:55,260
-about that.
-Yes.

811
00:46:55,260 --> 00:46:56,733
Somebody commented,

812
00:46:57,600 --> 00:47:02,600
it wasn't mentioned whether
the moving to the quiet room

813
00:47:02,610 --> 00:47:05,160
was considered a moving restraint.

814
00:47:05,160 --> 00:47:08,790
If it was a moving restraint,
is it kind of like,

815
00:47:08,790 --> 00:47:12,780
okay, we did a moving restraint,
he still was escalated

816
00:47:12,780 --> 00:47:16,590
and now seclusion is allowable

817
00:47:16,590 --> 00:47:18,393
because we did the moving restraint.

818
00:47:19,260 --> 00:47:20,250
You know what I mean?

819
00:47:20,250 --> 00:47:21,083
[Tracy] Yeah.

820
00:47:23,460 --> 00:47:26,163
So that's a good point.

821
00:47:28,470 --> 00:47:32,703
I would still say that there
should have been additional,

822
00:47:33,750 --> 00:47:37,563
there should have been
additional things in place.

823
00:47:39,150 --> 00:47:42,990
They could have corralled him
in a safer part of the room.

824
00:47:42,990 --> 00:47:45,660
They could have just restrained him there.

825
00:47:45,660 --> 00:47:49,143
His behavior seems to be quite escalated.

826
00:47:50,370 --> 00:47:54,153
I think I may, I don't remember
if I wrote that here, but,

827
00:47:56,190 --> 00:48:00,690
yeah, I would just say that in that case,

828
00:48:00,690 --> 00:48:05,690
unless a medical person
arrived and said, "Hands off,"

829
00:48:05,880 --> 00:48:09,330
that he should be restrained
right there in the classroom

830
00:48:09,330 --> 00:48:12,120
because I don't think a moving restraint

831
00:48:12,120 --> 00:48:15,033
would be safe in that case.

832
00:48:16,620 --> 00:48:19,860
But let's move forward to the next example

833
00:48:19,860 --> 00:48:21,783
still involving D'Andre.

834
00:48:24,030 --> 00:48:28,680
So in this example, the class is evacuated

835
00:48:28,680 --> 00:48:30,510
and the classroom assistant

836
00:48:30,510 --> 00:48:34,590
attempts of variety of
strategies to calm D'Andre

837
00:48:34,590 --> 00:48:36,060
to no a avail.

838
00:48:36,060 --> 00:48:38,310
And so she restrains him.

839
00:48:38,310 --> 00:48:43,290
She was able somehow to get him
to step off of the bookshelf

840
00:48:43,290 --> 00:48:47,610
and she then properly used a CPI hold.

841
00:48:47,610 --> 00:48:50,370
Now, D'Andre is wiry and quick,

842
00:48:50,370 --> 00:48:53,340
and he was able to escape the hold

843
00:48:53,340 --> 00:48:56,820
and he now began aggressing
against the assistant,

844
00:48:56,820 --> 00:48:59,580
biting, scratching and kicking.

845
00:48:59,580 --> 00:49:04,443
No other staff members arrive
to help contain the situation.

846
00:49:05,400 --> 00:49:08,970
The assistant is able to persuade D'Andre

847
00:49:08,970 --> 00:49:12,090
to walk with her to the quiet room though.

848
00:49:12,090 --> 00:49:15,960
So once they're both inside the room,

849
00:49:15,960 --> 00:49:20,250
D'Andre starts punching
and kicking the assistant.

850
00:49:20,250 --> 00:49:22,350
She's not confident at that point

851
00:49:22,350 --> 00:49:24,930
that she'll be able to hold him safely,

852
00:49:24,930 --> 00:49:27,300
so she steps out of the room,

853
00:49:27,300 --> 00:49:32,130
closes the door and secluded
him, visually monitoring him,

854
00:49:32,130 --> 00:49:35,250
but also calling for additional support.

855
00:49:35,250 --> 00:49:38,910
And I would suggest that
the additional support

856
00:49:38,910 --> 00:49:43,413
also involve a medical staff
member to assess his head.

857
00:49:44,670 --> 00:49:49,670
So in this case, is seclusion permissible?

858
00:49:52,110 --> 00:49:54,870
Go ahead and type in your answers,

859
00:49:54,870 --> 00:49:56,943
but don't hit Send just yet.

860
00:50:14,370 --> 00:50:17,160
Okay, go ahead and hit Send.

861
00:50:17,160 --> 00:50:19,383
Some of you already have.

862
00:50:22,170 --> 00:50:27,170
So yes, in this instance,
seclusion would be permissible.

863
00:50:28,800 --> 00:50:31,020
I want to unpack that though.

864
00:50:31,020 --> 00:50:35,550
So the staff member had
attempted a restraint

865
00:50:35,550 --> 00:50:39,090
after having tried several
different strategies

866
00:50:39,090 --> 00:50:41,940
and after getting no additional support

867
00:50:41,940 --> 00:50:43,950
and then even with the restraint,

868
00:50:43,950 --> 00:50:47,220
D'Andre remained highly aggressive

869
00:50:47,220 --> 00:50:51,960
and she had cause for concern
over the harming of his head.

870
00:50:51,960 --> 00:50:56,070
So given that D'Andre walked willingly

871
00:50:56,070 --> 00:50:57,870
with her to the quiet room,

872
00:50:57,870 --> 00:51:01,470
I think the staff member
had good reason to believe

873
00:51:01,470 --> 00:51:04,050
that the walk or the change of environment

874
00:51:04,050 --> 00:51:06,360
may have calmed him down.

875
00:51:06,360 --> 00:51:10,110
And because of that may have
afforded them an opportunity

876
00:51:10,110 --> 00:51:14,760
to process this situation and
for her to examine his head.

877
00:51:14,760 --> 00:51:18,180
So the staff member, I
believe made a sound decision

878
00:51:18,180 --> 00:51:22,140
to go into the quiet room with D'Andre.

879
00:51:22,140 --> 00:51:26,223
With her in there, that would
not be considered a seclusion.

880
00:51:27,150 --> 00:51:30,180
However, D'Andre re-escalated

881
00:51:30,180 --> 00:51:33,360
and he was aggressive
toward the assistant again

882
00:51:33,360 --> 00:51:35,013
inside the quiet room.

883
00:51:35,970 --> 00:51:38,460
I think it was a reasonable
professional judgment

884
00:51:38,460 --> 00:51:41,460
to exit the room and
seclude him at that point

885
00:51:41,460 --> 00:51:44,703
while calling for additional
help and medical care.

886
00:51:45,690 --> 00:51:49,260
I think it's likely that the
staff member was fatigued

887
00:51:49,260 --> 00:51:52,713
from all the physical exertion already,

888
00:51:54,120 --> 00:51:56,760
perhaps she was injured or in pain herself

889
00:51:56,760 --> 00:51:58,980
from having been punched and kicked.

890
00:51:58,980 --> 00:52:02,100
And I think she had a valid
reason not to feel confident

891
00:52:02,100 --> 00:52:05,613
in her ability to
restrain him safely again.

892
00:52:06,630 --> 00:52:08,790
So because she attempted restraint

893
00:52:08,790 --> 00:52:10,920
and it failed to keep them safe,

894
00:52:10,920 --> 00:52:14,550
this seclusion is allowable.

895
00:52:14,550 --> 00:52:19,550
Now, this might be an
example where D'Andre's team

896
00:52:20,070 --> 00:52:23,370
would want to take all this
information into account

897
00:52:23,370 --> 00:52:24,960
when debriefing

898
00:52:24,960 --> 00:52:29,010
and perhaps they would
gather some additional data,

899
00:52:29,010 --> 00:52:31,590
consult with other team members

900
00:52:31,590 --> 00:52:33,240
and they would want to decide

901
00:52:33,240 --> 00:52:38,100
whether or not restraint
is in his best interest,

902
00:52:38,100 --> 00:52:42,540
because he's showing some pretty
significant behaviors here.

903
00:52:42,540 --> 00:52:44,343
He's escalating.

904
00:52:45,810 --> 00:52:48,180
Yeah, it's just a valid question to ask

905
00:52:48,180 --> 00:52:51,663
and to come together as a team about.

906
00:52:53,910 --> 00:52:56,430
And Tracy, the emphasis

907
00:52:56,430 --> 00:52:58,530
or the clarity provided on this slide too,

908
00:52:58,530 --> 00:53:02,490
about having a staff member
in a quiet room with a space.

909
00:53:02,490 --> 00:53:05,790
I'm wondering if that
could also add some clarity

910
00:53:05,790 --> 00:53:07,500
to the question Amy brought up too

911
00:53:07,500 --> 00:53:10,410
that if you have someone
in there with the student

912
00:53:10,410 --> 00:53:13,590
and they're not physically
becoming very aggressive

913
00:53:13,590 --> 00:53:16,020
and the student is not
presenting a risk of harm,

914
00:53:16,020 --> 00:53:17,610
once they're in a different space,

915
00:53:17,610 --> 00:53:19,653
-then it's not a seclusion.
-Right.

916
00:53:20,578 --> 00:53:24,150
-She was in there.
-It would be permissible

917
00:53:24,150 --> 00:53:27,120
because they're co-regulating.

918
00:53:27,120 --> 00:53:29,103
[Tracy] Yes, yes.

919
00:53:30,480 --> 00:53:35,193
Let's go on poll 13, still with D'Andre,

920
00:53:36,210 --> 00:53:39,450
still with him banging against the window.

921
00:53:39,450 --> 00:53:42,900
We're going to ask, is this permissible?

922
00:53:42,900 --> 00:53:45,450
D'Andre's team had looked at his data,

923
00:53:45,450 --> 00:53:47,730
consulted with his therapist

924
00:53:47,730 --> 00:53:50,400
and determined that physical restraint

925
00:53:50,400 --> 00:53:52,950
is contraindicated for him

926
00:53:52,950 --> 00:53:55,830
because he has a history of sexual trauma

927
00:53:55,830 --> 00:53:57,930
and the data has shown that restraints

928
00:53:57,930 --> 00:54:00,123
only escalate him further.

929
00:54:01,050 --> 00:54:06,050
So again, D'Andre's teacher
directed him to the quiet room

930
00:54:07,860 --> 00:54:11,040
with the classroom
assistant accompanying him

931
00:54:11,040 --> 00:54:12,810
and he complied.

932
00:54:12,810 --> 00:54:16,320
Once they'd arrived at the
seclusion space, however,

933
00:54:16,320 --> 00:54:21,320
D'Andre, again, began punching
and kicking the assistant.

934
00:54:21,450 --> 00:54:23,280
The assistant told D'Andre

935
00:54:23,280 --> 00:54:25,830
that he's to remain in the quiet room

936
00:54:25,830 --> 00:54:28,920
for the remainder of that class period

937
00:54:28,920 --> 00:54:31,410
and until recess ended.

938
00:54:31,410 --> 00:54:33,210
The assistant closed the door

939
00:54:33,210 --> 00:54:36,900
and visually monitored
him from outside the room

940
00:54:36,900 --> 00:54:38,883
throughout that period of time.

941
00:54:39,990 --> 00:54:42,813
Is this a permissible use of restraint?

942
00:55:00,610 --> 00:55:05,220
Okay, you can go ahead
and send your answers.

943
00:55:05,220 --> 00:55:09,240
And I will say that after
we discuss this slide,

944
00:55:09,240 --> 00:55:10,890
we'll take a short break.

945
00:55:10,890 --> 00:55:13,053
I saw someone suggest that.

946
00:55:16,860 --> 00:55:21,860
Okay, so this is a bit of a
trick question and I apologize,

947
00:55:23,280 --> 00:55:26,850
but this is not a
permissible use of seclusion

948
00:55:26,850 --> 00:55:28,770
and I'll tell you why.

949
00:55:28,770 --> 00:55:30,330
The assistant was right

950
00:55:30,330 --> 00:55:32,790
to use seclusion rather than restraint

951
00:55:32,790 --> 00:55:34,560
because his team had determined

952
00:55:34,560 --> 00:55:37,320
that restraint was contraindicated,

953
00:55:37,320 --> 00:55:42,300
but seclusion is a temporary intervention,

954
00:55:42,300 --> 00:55:45,060
meaning that it should be terminated

955
00:55:45,060 --> 00:55:47,940
as soon as the student's behavior

956
00:55:47,940 --> 00:55:52,940
no longer poses an imminent
and substantial risk of harm,

957
00:55:53,100 --> 00:55:55,370
or as soon as less
restrictive interventions

958
00:55:55,370 --> 00:55:58,140
may prove successful.

959
00:55:58,140 --> 00:56:00,570
The assistant should have told D'Andre

960
00:56:00,570 --> 00:56:03,570
that she would watch for
signs that he was calming

961
00:56:03,570 --> 00:56:07,560
and/or that he could tell
her when he was ready to talk

962
00:56:07,560 --> 00:56:10,410
and then the seclusion would end.

963
00:56:10,410 --> 00:56:15,410
So we're not allowed to
put arbitrary time limits

964
00:56:16,710 --> 00:56:21,710
or time constraints on
the use of seclusion.

965
00:56:21,930 --> 00:56:26,930
So that is why this intervention
was not permissible.

966
00:56:31,230 --> 00:56:34,410
If there are no questions about that,

967
00:56:34,410 --> 00:56:36,880
we could take a short break now

968
00:56:38,520 --> 00:56:41,973
and we could return at 10:05.

969
00:56:46,410 --> 00:56:48,270
Look at that perfect timing, right?

970
00:56:48,270 --> 00:56:50,587
-As such (indistinct)
-I know, how about that?

971
00:56:51,841 --> 00:56:53,760
All right, Anne, if you
wanna pause the recording

972
00:56:53,760 --> 00:56:55,110
and then restart when we...

973
00:56:56,280 --> 00:56:58,083
-Yes, thank you.
-Okay.

974
00:57:00,060 --> 00:57:02,223
Hopefully everyone's back.

975
00:57:03,720 --> 00:57:08,720
And Amy has had to hop off this webinar

976
00:57:11,400 --> 00:57:12,903
to attend another meeting,

977
00:57:13,740 --> 00:57:18,740
but Anne is still here as I and Kate.

978
00:57:18,780 --> 00:57:21,810
So take it away, Kate.

979
00:57:21,810 --> 00:57:22,643
Thank you.

980
00:57:22,643 --> 00:57:24,390
Yeah, we had perfect timing.

981
00:57:24,390 --> 00:57:28,140
We're switching back to me
sharing the next section,

982
00:57:28,140 --> 00:57:31,470
and this is the permissible
use of restraint.

983
00:57:31,470 --> 00:57:35,613
So when is it acceptable
to use under Rule 4500?

984
00:57:38,580 --> 00:57:42,510
So restraint may be used
only when, as we've covered,

985
00:57:42,510 --> 00:57:46,017
there's an imminent and substantial
risk of physical injury,

986
00:57:46,017 --> 00:57:49,353
and that can be to the
student or to other people,

987
00:57:50,520 --> 00:57:52,020
less restrictive interventions

988
00:57:52,020 --> 00:57:53,610
have failed or would be ineffective.

989
00:57:53,610 --> 00:57:56,790
So that would include things
like verbal deescalation.

990
00:57:56,790 --> 00:57:58,710
That would also include, if possible,

991
00:57:58,710 --> 00:58:02,940
trying to block or dodge
aggression by a student.

992
00:58:02,940 --> 00:58:06,033
Again, if it's acceptable to do so.

993
00:58:06,870 --> 00:58:09,840
In accordance with a
school-wide safety plan,

994
00:58:09,840 --> 00:58:12,720
the student must be monitored face-to-face

995
00:58:12,720 --> 00:58:14,610
for signs of distress.

996
00:58:14,610 --> 00:58:17,220
It must be used in a manner
that's safe, proportionate

997
00:58:17,220 --> 00:58:19,860
and sensitive to a range
of student characteristics.

998
00:58:19,860 --> 00:58:24,180
So it's tailored to a particular
situation and student,

999
00:58:24,180 --> 00:58:27,330
and when it's used by
trained and certified staff.

1000
00:58:27,330 --> 00:58:30,450
So we have a directory at
the Agency of Education

1001
00:58:30,450 --> 00:58:34,140
of programs that are
approved to teach the use

1002
00:58:34,140 --> 00:58:37,320
of restraint in Vermont schools.

1003
00:58:37,320 --> 00:58:40,860
And so only staff who have
trained in one of those programs

1004
00:58:40,860 --> 00:58:43,650
and typically, districts
select one of the programs

1005
00:58:43,650 --> 00:58:46,560
and use that and train
and retrain regularly.

1006
00:58:46,560 --> 00:58:50,100
Only those staff may be
restraining students.

1007
00:58:50,100 --> 00:58:52,260
And remember, again, those conditions

1008
00:58:52,260 --> 00:58:55,560
for using prone or supine
restraint specifically,

1009
00:58:55,560 --> 00:58:56,850
those can only be used

1010
00:58:56,850 --> 00:58:59,310
when a student's size and the severity

1011
00:58:59,310 --> 00:59:01,770
of their behavior require these holds

1012
00:59:01,770 --> 00:59:03,660
because less restrictive holds

1013
00:59:03,660 --> 00:59:06,660
or forms of restraint have
been tried and failed,

1014
00:59:06,660 --> 00:59:10,530
or would be ineffective
to prevent that imminent

1015
00:59:10,530 --> 00:59:13,590
and substantial risk of physical injury.

1016
00:59:13,590 --> 00:59:16,170
So again, it's a pretty high bar,

1017
00:59:16,170 --> 00:59:19,800
but as Tracy said,
restraint can be a dangerous

1018
00:59:19,800 --> 00:59:21,330
and can be a very traumatic event

1019
00:59:21,330 --> 00:59:23,553
for both a student and a staff person.

1020
00:59:25,080 --> 00:59:27,900
So we have another poll.

1021
00:59:27,900 --> 00:59:29,940
We're looking at a new student this time,

1022
00:59:29,940 --> 00:59:31,653
Abigail is in kindergarten.

1023
00:59:34,260 --> 00:59:36,480
We're gonna do the same
process of the waterfall chat.

1024
00:59:36,480 --> 00:59:39,630
So hold on to your response,
you can type it in,

1025
00:59:39,630 --> 00:59:42,453
but do not hit Enter
until I tell you to go.

1026
00:59:43,290 --> 00:59:45,060
So Abigail is a kindergartner

1027
00:59:45,060 --> 00:59:48,060
and she's been having
some difficulty adjusting

1028
00:59:48,060 --> 00:59:49,920
to the new school environment.

1029
00:59:49,920 --> 00:59:53,820
And on this particular day,
her mother calls the teacher

1030
00:59:53,820 --> 00:59:56,460
to share that Abigail was
just having a tough morning

1031
00:59:56,460 --> 00:59:58,290
and she wasn't gonna make
it onto the school bus.

1032
00:59:58,290 --> 01:00:01,500
So her mom is going to drive
her to school that day.

1033
01:00:01,500 --> 01:00:02,970
The paraprofessional assigned

1034
01:00:02,970 --> 01:00:04,650
to Abigail's kindergarten classroom

1035
01:00:04,650 --> 01:00:06,060
meets Abigail and her mother

1036
01:00:06,060 --> 01:00:08,190
when they arrive outside the school.

1037
01:00:08,190 --> 01:00:10,200
Abigail is quiet and sullen,

1038
01:00:10,200 --> 01:00:11,850
but she says goodbye to her mother

1039
01:00:11,850 --> 01:00:14,730
and she begins walking
inside with her para.

1040
01:00:14,730 --> 01:00:17,100
Right before she gets into
the school doors, however,

1041
01:00:17,100 --> 01:00:18,120
she has a change of heart

1042
01:00:18,120 --> 01:00:20,070
and she runs to the back
of the school building

1043
01:00:20,070 --> 01:00:22,740
onto the playground and onto a swing.

1044
01:00:22,740 --> 01:00:23,790
The paraprofessional,

1045
01:00:23,790 --> 01:00:25,410
who was trained to administer restraints,

1046
01:00:25,410 --> 01:00:28,320
attempted a wide variety of
less restrictive interventions

1047
01:00:28,320 --> 01:00:29,940
in an effort to encourage Abigail

1048
01:00:29,940 --> 01:00:32,250
to stop swinging and walk to class,

1049
01:00:32,250 --> 01:00:34,230
but Abigail just blissfully ignores

1050
01:00:34,230 --> 01:00:36,510
all of these different
strategies and ideas

1051
01:00:36,510 --> 01:00:38,610
and she just keeps swinging.

1052
01:00:38,610 --> 01:00:41,220
So in this case, would it be acceptable

1053
01:00:41,220 --> 01:00:46,220
for her para to restrain
Abigail and why or why not?

1054
01:00:54,960 --> 01:00:56,810
All right, and you all can hit Enter.

1055
01:01:03,180 --> 01:01:05,580
And I see everybody is correct

1056
01:01:05,580 --> 01:01:06,990
in their responses in the chat.

1057
01:01:06,990 --> 01:01:10,860
This is not permissible to restrain her.

1058
01:01:10,860 --> 01:01:13,350
Swinging on a swing does
not pose an imminent risk

1059
01:01:13,350 --> 01:01:15,540
of significant physical harm

1060
01:01:15,540 --> 01:01:18,930
to herself or to anyone
else in the vicinity.

1061
01:01:18,930 --> 01:01:22,020
So you would need to use other strategies,

1062
01:01:22,020 --> 01:01:24,900
however frustrating it might
be to get that kindergartner

1063
01:01:24,900 --> 01:01:27,513
to decide that she's
ready to come into school.

1064
01:01:29,880 --> 01:01:34,350
So now we have another
version of the Abigail story.

1065
01:01:34,350 --> 01:01:36,600
She's arriving to school with her mom.

1066
01:01:36,600 --> 01:01:38,190
Instead of running to the playground,

1067
01:01:38,190 --> 01:01:40,380
she impulsively runs after her mother

1068
01:01:40,380 --> 01:01:42,840
straight into the flow of oncoming traffic

1069
01:01:42,840 --> 01:01:45,600
in the roadway adjacent
to the school property.

1070
01:01:45,600 --> 01:01:47,130
So this time her paraprofessional

1071
01:01:47,130 --> 01:01:48,780
runs after her and catches up to her

1072
01:01:48,780 --> 01:01:51,480
just before she steps in
front of a moving car.

1073
01:01:51,480 --> 01:01:54,180
The para holds Abigail in a standing hold

1074
01:01:54,180 --> 01:01:55,995
and when Abigail wriggles
and kicks and goes limp,

1075
01:01:55,995 --> 01:01:58,380
refusing to stand or walk,

1076
01:01:58,380 --> 01:02:00,990
the para continues the
stationary standing restraint

1077
01:02:00,990 --> 01:02:03,540
until Abigail agrees to walk with her

1078
01:02:03,540 --> 01:02:05,430
into the school building.

1079
01:02:05,430 --> 01:02:09,840
So type in your answer,
but do not hit Send yet.

1080
01:02:09,840 --> 01:02:12,420
Is it okay for her paraprofessional

1081
01:02:12,420 --> 01:02:15,180
to perform this restraint of Abigail?

1082
01:02:15,180 --> 01:02:16,293
Is it allowable?

1083
01:02:26,430 --> 01:02:27,880
All right, you can hit Enter.

1084
01:02:33,090 --> 01:02:34,350
Yes, absolutely.

1085
01:02:34,350 --> 01:02:37,380
This was a permissible use of restraint.

1086
01:02:37,380 --> 01:02:40,350
So many of you described
this in your chats,

1087
01:02:40,350 --> 01:02:42,180
but this student was at imminent risk

1088
01:02:42,180 --> 01:02:44,460
of substantial physical injury.

1089
01:02:44,460 --> 01:02:47,100
She is a kindergarten
student who is running

1090
01:02:47,100 --> 01:02:48,960
into oncoming traffic.

1091
01:02:48,960 --> 01:02:50,250
And there's little to no time

1092
01:02:50,250 --> 01:02:52,290
to implement less
restrictive interventions

1093
01:02:52,290 --> 01:02:54,180
because of the danger posed.

1094
01:02:54,180 --> 01:02:55,740
So if it weren't for the traffic,

1095
01:02:55,740 --> 01:02:59,250
then maybe her para could have
used some other strategies

1096
01:02:59,250 --> 01:03:00,870
to talk to her about it.

1097
01:03:00,870 --> 01:03:03,840
But when it comes to
running into a busy street

1098
01:03:03,840 --> 01:03:05,176
at a busy time,

1099
01:03:05,176 --> 01:03:08,100
there's no way that she
could have safely used

1100
01:03:08,100 --> 01:03:09,030
another intervention.

1101
01:03:09,030 --> 01:03:11,340
She needed to quickly use restraint

1102
01:03:11,340 --> 01:03:13,773
with Abigail to keep her safe.

1103
01:03:17,640 --> 01:03:21,123
And we are going to get into
prohibited interventions now.

1104
01:03:22,140 --> 01:03:27,140
So Vermont Rule 4,500
prohibits mechanical restraint,

1105
01:03:27,180 --> 01:03:30,540
which we discussed, chemical restraint,

1106
01:03:30,540 --> 01:03:33,180
any intervention that
restricts or limits breathing

1107
01:03:33,180 --> 01:03:35,520
or communication, causes pain

1108
01:03:35,520 --> 01:03:39,660
or is imposed without maintaining
direct visual contact.

1109
01:03:39,660 --> 01:03:43,800
So as we described earlier,
prone and supine restraint

1110
01:03:43,800 --> 01:03:47,760
are only used sort of as a last resort

1111
01:03:47,760 --> 01:03:50,070
when other forms of restraint

1112
01:03:50,070 --> 01:03:52,650
and interventions have
failed or would fail.

1113
01:03:52,650 --> 01:03:55,560
And part of that is because
it's very challenging

1114
01:03:55,560 --> 01:03:57,780
to maintain direct visual contract

1115
01:03:57,780 --> 01:03:59,550
and also that those have a higher risk

1116
01:03:59,550 --> 01:04:03,063
of limiting a student's ability
to breath or communicate.

1117
01:04:04,920 --> 01:04:06,870
You may not use restraining or seclusion

1118
01:04:06,870 --> 01:04:08,820
for convenience of staff

1119
01:04:08,820 --> 01:04:11,460
as a substitute for an educational program

1120
01:04:11,460 --> 01:04:14,523
or due to inadequate staffing or training.

1121
01:04:17,250 --> 01:04:18,570
It also may not be used

1122
01:04:18,570 --> 01:04:20,940
as a form of discipline or punishment

1123
01:04:20,940 --> 01:04:23,670
in response to a student's
use of disrespect

1124
01:04:23,670 --> 01:04:25,680
or in response to a verbal threat,

1125
01:04:25,680 --> 01:04:27,270
not accompanied by the means

1126
01:04:27,270 --> 01:04:29,400
or intent to carry out that threat.

1127
01:04:29,400 --> 01:04:32,880
So I think we touched on
that with the Chloe scenario,

1128
01:04:32,880 --> 01:04:35,280
-but in that--
-Chloe.

1129
01:04:35,280 --> 01:04:39,480
Yes, in the Chloe
scenario that if a student

1130
01:04:39,480 --> 01:04:42,420
does not have the means
to carry out a threat,

1131
01:04:42,420 --> 01:04:44,160
then it does not meet that threshold

1132
01:04:44,160 --> 01:04:46,323
of imminent physical harm.

1133
01:04:49,080 --> 01:04:51,093
So we are going to do another poll.

1134
01:04:52,200 --> 01:04:53,850
Given this scenario,

1135
01:04:53,850 --> 01:04:56,010
would this intervention be permissible?

1136
01:04:56,010 --> 01:04:57,510
Why or why not?

1137
01:04:57,510 --> 01:04:59,880
Frankie is frequently disruptive in class,

1138
01:04:59,880 --> 01:05:01,860
often defiant when given instructions

1139
01:05:01,860 --> 01:05:04,800
and uses racial slurs when he gets angry.

1140
01:05:04,800 --> 01:05:06,360
The school psychologist conducted

1141
01:05:06,360 --> 01:05:07,860
a Functional Behavior Assessment

1142
01:05:07,860 --> 01:05:09,180
and the team used that to develop

1143
01:05:09,180 --> 01:05:12,210
a clearly defined behavior support plan.

1144
01:05:12,210 --> 01:05:13,770
When a classmate reached for a toy,

1145
01:05:13,770 --> 01:05:17,790
Frankie used an offensive term
related to his peer's race.

1146
01:05:17,790 --> 01:05:18,815
Because his plan stated

1147
01:05:18,815 --> 01:05:21,300
that he is to receive a ten-minute timeout

1148
01:05:21,300 --> 01:05:25,590
in response to the use of
offensive racial language,

1149
01:05:25,590 --> 01:05:28,770
his BI brought Frankie to the
seclusion room, shut the door,

1150
01:05:28,770 --> 01:05:30,120
set the timer for 10 minutes

1151
01:05:30,120 --> 01:05:33,123
and monitored him through the
window throughout his timeout.

1152
01:05:34,650 --> 01:05:37,560
So type in your responses,
but don't hit Send yet.

1153
01:05:37,560 --> 01:05:42,560
Is this acceptable for his
BI to bring him to the space,

1154
01:05:42,630 --> 01:05:46,260
shut the door and monitor
him during those 10 minutes

1155
01:05:46,260 --> 01:05:48,843
in response to his use of a racial slur.

1156
01:05:53,880 --> 01:05:55,330
All right, you can hit Enter.

1157
01:06:04,170 --> 01:06:07,470
Great, you guys are strong
on this one, absolutely.

1158
01:06:07,470 --> 01:06:09,210
I saw people noting that timeout

1159
01:06:09,210 --> 01:06:11,340
is not the same thing as seclusion,

1160
01:06:11,340 --> 01:06:16,040
that an adult can be with
the student in the space

1161
01:06:16,040 --> 01:06:18,960
so they're not secluded
from everyone else.

1162
01:06:18,960 --> 01:06:21,510
So he was secluded in this
case, in this scenario,

1163
01:06:21,510 --> 01:06:22,890
'cause they shut the door

1164
01:06:22,890 --> 01:06:25,650
and there is no one in there
with him and he could not leave

1165
01:06:25,650 --> 01:06:27,540
and it's not permissible.

1166
01:06:27,540 --> 01:06:30,840
So restraints and seclusions
are emergency interventions,

1167
01:06:30,840 --> 01:06:32,940
not planned interventions.

1168
01:06:32,940 --> 01:06:34,590
So it should not be in his plan

1169
01:06:34,590 --> 01:06:38,820
that he would be secluded any
time he said a racial slur.

1170
01:06:38,820 --> 01:06:40,890
Remember the definition that he's alone

1171
01:06:40,890 --> 01:06:43,110
and not permitted to leave at will.

1172
01:06:43,110 --> 01:06:46,110
There was no imminent risk
of substantial injury.

1173
01:06:46,110 --> 01:06:49,290
Certainly there is an emotional risk

1174
01:06:49,290 --> 01:06:52,290
to the student that he may be
using a racial slur against,

1175
01:06:52,290 --> 01:06:55,890
but it does not rise to
that physical level of harm

1176
01:06:55,890 --> 01:06:59,760
required for an intervention
as intense as a seclusion.

1177
01:06:59,760 --> 01:07:02,190
And restraints and
seclusions must be terminated

1178
01:07:02,190 --> 01:07:04,530
as soon as the risk of
harm is no longer present

1179
01:07:04,530 --> 01:07:07,560
or could be managed by
less restrictive measures.

1180
01:07:07,560 --> 01:07:10,800
So even if this had risen to that level

1181
01:07:10,800 --> 01:07:15,360
of a physical imminent harm risk,

1182
01:07:15,360 --> 01:07:16,620
it would still not be appropriate

1183
01:07:16,620 --> 01:07:18,510
to have a 10 minute seclusion

1184
01:07:18,510 --> 01:07:20,660
as we covered in one
of our previous polls.

1185
01:07:21,810 --> 01:07:24,030
You need to stop that intervention

1186
01:07:24,030 --> 01:07:28,203
as soon as it is no longer
necessary to prevent harm.

1187
01:07:30,390 --> 01:07:33,450
And that leads well into this next section

1188
01:07:33,450 --> 01:07:35,463
on termination of interventions.

1189
01:07:36,420 --> 01:07:40,500
So it must be terminated as
soon as there's any unnecessary

1190
01:07:40,500 --> 01:07:43,320
pain or significant distress,

1191
01:07:43,320 --> 01:07:46,110
breathing or communication is compromised.

1192
01:07:46,110 --> 01:07:48,270
So if communication
that could also include

1193
01:07:48,270 --> 01:07:52,350
if a child uses signing to communicate,

1194
01:07:52,350 --> 01:07:54,210
they need to be able to sign

1195
01:07:54,210 --> 01:07:58,710
so that the staff who are
doing the restraint know

1196
01:07:58,710 --> 01:08:02,973
if they are trying to communicate
distress in that form.

1197
01:08:05,375 --> 01:08:06,750
If a child no longer poses

1198
01:08:06,750 --> 01:08:09,060
imminent and substantial
danger of physical injury,

1199
01:08:09,060 --> 01:08:10,590
it must be terminated

1200
01:08:10,590 --> 01:08:12,390
or if you get to a situation

1201
01:08:12,390 --> 01:08:15,360
where a less restrictive
intervention would be effective.

1202
01:08:15,360 --> 01:08:19,530
So that child has deescalated
enough that another form

1203
01:08:19,530 --> 01:08:22,413
of intervention could
prevent the risk of harm.

1204
01:08:23,280 --> 01:08:25,863
So thinking about Frankie
and his behavior plan,

1205
01:08:28,710 --> 01:08:30,570
the intervention must be terminated

1206
01:08:30,570 --> 01:08:33,960
as soon as there's unnecessary
pain or significant distress.

1207
01:08:33,960 --> 01:08:36,543
Nope, I think, sorry,
this is a double slide.

1208
01:08:40,950 --> 01:08:43,830
Just thinking about Frankie
and his behavior plan,

1209
01:08:43,830 --> 01:08:48,450
how could we adjust that plan

1210
01:08:48,450 --> 01:08:51,610
so that it would be appropriate and meet

1211
01:08:53,075 --> 01:08:56,247
the conditions outlined in Rule 4500?

1212
01:08:56,247 --> 01:08:58,530
You can type your response in

1213
01:08:58,530 --> 01:09:00,690
and then I'll ask you to hit Send.

1214
01:09:00,690 --> 01:09:02,820
So it's not set up like
the polls usually are,

1215
01:09:02,820 --> 01:09:05,670
but thinking about Frankie
and that behavior plan

1216
01:09:05,670 --> 01:09:07,650
that's stated in response
to a racial slur,

1217
01:09:07,650 --> 01:09:09,450
he'd have a 10 minute seclusion,

1218
01:09:09,450 --> 01:09:11,820
how could that be adjusted

1219
01:09:11,820 --> 01:09:14,643
to meet the expectations of the rule?

1220
01:09:29,760 --> 01:09:32,043
And you can hit Send, you can hit Enter.

1221
01:09:37,080 --> 01:09:40,350
Yep, I'm seeing a lot
of like using a timeout,

1222
01:09:40,350 --> 01:09:43,683
an actual timeout, move to
agreed upon space to regulate.

1223
01:09:46,290 --> 01:09:47,733
Zen Den, I like that.

1224
01:09:53,130 --> 01:09:55,200
Yeah, so there's so many different ways

1225
01:09:55,200 --> 01:09:56,280
that they could approach this

1226
01:09:56,280 --> 01:10:00,030
but I think what we
wanted to highlight here

1227
01:10:00,030 --> 01:10:02,610
is that seclusion shouldn't be something

1228
01:10:02,610 --> 01:10:05,130
that's written into a plan.

1229
01:10:05,130 --> 01:10:07,980
It should be something that
is only used in an emergency

1230
01:10:07,980 --> 01:10:10,620
when it needs to happen.

1231
01:10:10,620 --> 01:10:12,690
So yeah, as soon as Frankie's
able to process time out,

1232
01:10:12,690 --> 01:10:15,040
we'll end and process
with student, absolutely.

1233
01:10:17,910 --> 01:10:19,710
We have another poll to continue

1234
01:10:19,710 --> 01:10:23,700
kind of thinking about that
termination of the intervention.

1235
01:10:23,700 --> 01:10:26,490
So now we're talking about Jayden.

1236
01:10:26,490 --> 01:10:27,870
Jayden is an eighth grader

1237
01:10:27,870 --> 01:10:29,610
who struggles with peer relationships

1238
01:10:29,610 --> 01:10:31,350
and managing his anger.

1239
01:10:31,350 --> 01:10:33,150
During a group activity in English class,

1240
01:10:33,150 --> 01:10:35,490
a friend accidentally
steps on his new shoes

1241
01:10:35,490 --> 01:10:38,250
and Jayden starts threatening
to fight his friend.

1242
01:10:38,250 --> 01:10:39,150
He throws a punch,

1243
01:10:39,150 --> 01:10:40,830
which almost lands on his English teacher

1244
01:10:40,830 --> 01:10:42,450
when she tries to intervene.

1245
01:10:42,450 --> 01:10:43,800
She quickly calls for support

1246
01:10:43,800 --> 01:10:46,830
and she clears the classroom
of all other students.

1247
01:10:46,830 --> 01:10:48,300
The two behavioral interventionists

1248
01:10:48,300 --> 01:10:50,970
who respond are now alone
in the classroom with Jayden

1249
01:10:50,970 --> 01:10:52,770
who is still extremely agitated

1250
01:10:52,770 --> 01:10:55,200
and kicking each of
them as hard as he can.

1251
01:10:55,200 --> 01:10:57,120
They work to use verbal deescalation

1252
01:10:57,120 --> 01:10:59,430
and encourage him to use
his breathing strategies,

1253
01:10:59,430 --> 01:11:01,170
but he's not hearing them.

1254
01:11:01,170 --> 01:11:02,670
He tries to bite one of the Bis

1255
01:11:02,670 --> 01:11:04,500
when they attempt to restrain him.

1256
01:11:04,500 --> 01:11:06,390
They determine it's not
going to be effective

1257
01:11:06,390 --> 01:11:07,410
to use restraint.

1258
01:11:07,410 --> 01:11:09,510
They leave the classroom
and they close the door,

1259
01:11:09,510 --> 01:11:10,773
starting a seclusion.

1260
01:11:11,760 --> 01:11:14,190
As the adults observe through
window in the classroom door,

1261
01:11:14,190 --> 01:11:17,190
he slowly starts to enter a calmer state.

1262
01:11:17,190 --> 01:11:18,450
So he takes some deep breaths,

1263
01:11:18,450 --> 01:11:20,730
he eventually stops kicking the door

1264
01:11:20,730 --> 01:11:24,060
and he begins to walk around
the classroom pacing around.

1265
01:11:24,060 --> 01:11:25,410
He asks them to open the door

1266
01:11:25,410 --> 01:11:27,270
so he can have a drink of water,

1267
01:11:27,270 --> 01:11:29,940
but the BI state that he
needs to have a calm body

1268
01:11:29,940 --> 01:11:32,730
and he needs to remain seated
for at least 30 seconds

1269
01:11:32,730 --> 01:11:34,730
before they will let him leave the room.

1270
01:11:35,580 --> 01:11:38,790
So type in your answer,
but don't hit Send yet.

1271
01:11:38,790 --> 01:11:43,353
Is this an acceptable use
of seclusion for Jayden?

1272
01:11:50,970 --> 01:11:52,370
All right, you can hit Send.

1273
01:12:05,070 --> 01:12:07,380
Yep, yeah, so I appreciate,
I think Brendan said

1274
01:12:07,380 --> 01:12:08,820
it was and then it wasn't.

1275
01:12:08,820 --> 01:12:12,330
That's an accurate
summary seeing yes and no.

1276
01:12:12,330 --> 01:12:14,760
So no, this is not permissible

1277
01:12:14,760 --> 01:12:16,950
as he should have been
allowed to leave the classroom

1278
01:12:16,950 --> 01:12:20,190
when he was no longer presenting
a risk of physical harm.

1279
01:12:20,190 --> 01:12:23,130
So the first part, as you all identified

1280
01:12:23,130 --> 01:12:26,820
that was an appropriate use of seclusion.

1281
01:12:26,820 --> 01:12:31,020
They had tried other
strategies, they tried restraint

1282
01:12:31,020 --> 01:12:33,870
and they were in the classroom
with him, working with him,

1283
01:12:33,870 --> 01:12:35,640
but when it became unsafe

1284
01:12:35,640 --> 01:12:38,010
and he was trying to bite
while being restrained,

1285
01:12:38,010 --> 01:12:39,510
they secluded him.

1286
01:12:39,510 --> 01:12:43,110
But then once he has calmed down somewhat,

1287
01:12:43,110 --> 01:12:44,430
it's no longer appropriate.

1288
01:12:44,430 --> 01:12:46,860
So seclusion is an emergency intervention

1289
01:12:46,860 --> 01:12:49,530
that's only used to prevent
imminent physical harm

1290
01:12:49,530 --> 01:12:51,330
and it must end when they're no longer

1291
01:12:51,330 --> 01:12:52,620
presenting this risk of harm

1292
01:12:52,620 --> 01:12:55,410
or a less restrictive
intervention could be effective.

1293
01:12:55,410 --> 01:12:57,450
So a student who's not
following directions,

1294
01:12:57,450 --> 01:13:00,330
but is no longer escalated
to a level of physical danger

1295
01:13:00,330 --> 01:13:02,670
may not continue to be secluded.

1296
01:13:02,670 --> 01:13:04,710
The student could be
allowed to leave the room

1297
01:13:04,710 --> 01:13:06,570
or the trusted adults could enter the room

1298
01:13:06,570 --> 01:13:08,310
to co-regulate with them further

1299
01:13:08,310 --> 01:13:11,250
before they go back to
a situation with peers.

1300
01:13:11,250 --> 01:13:12,990
So as we've talked about,

1301
01:13:12,990 --> 01:13:15,630
if there's someone in the room
with them working with them

1302
01:13:15,630 --> 01:13:18,780
to get to a better place emotionally,

1303
01:13:18,780 --> 01:13:20,910
that is not a seclusion anymore.

1304
01:13:20,910 --> 01:13:23,850
And that's sort of what
we're working towards

1305
01:13:23,850 --> 01:13:26,760
is to end that seclusion
as quickly as possible

1306
01:13:26,760 --> 01:13:29,610
when it's no longer
needed to prevent harm.

1307
01:13:29,610 --> 01:13:32,280
So we're not saying that
when Jayden's pacing

1308
01:13:32,280 --> 01:13:34,500
around the classroom,
they should instantly

1309
01:13:34,500 --> 01:13:36,420
send the rest of the
students back in there

1310
01:13:36,420 --> 01:13:38,370
and start teaching class again,

1311
01:13:38,370 --> 01:13:40,320
or send him back to
wherever his class went

1312
01:13:40,320 --> 01:13:41,910
when they were evacuated.

1313
01:13:41,910 --> 01:13:44,580
But the seclusion of him
being alone in a space

1314
01:13:44,580 --> 01:13:48,123
where he's not allowed to leave,
needs to end at that point.

1315
01:13:53,190 --> 01:13:56,010
All right, so Tracy is going to share

1316
01:13:56,010 --> 01:13:57,540
a little bit more about

1317
01:13:57,540 --> 01:13:59,520
what restraint and seclusion looks like

1318
01:13:59,520 --> 01:14:02,823
in the context of COVID-19
these past few years.

1319
01:14:05,310 --> 01:14:10,310
[Tracy] Yeah, so just to
take a walk back in history.

1320
01:14:10,380 --> 01:14:13,710
In the fall of 2020,

1321
01:14:13,710 --> 01:14:18,360
we granted an exception
during the global pandemic

1322
01:14:18,360 --> 01:14:23,360
that talked about that
seclusion could be used

1323
01:14:23,880 --> 01:14:25,650
instead of restraint

1324
01:14:25,650 --> 01:14:29,343
as a means to mitigate the
risk of viral transmission.

1325
01:14:30,780 --> 01:14:35,780
Then in the fall of 2021,
we had this weird scenario

1326
01:14:36,960 --> 01:14:41,960
where some students were
eligible for vaccines

1327
01:14:43,080 --> 01:14:46,170
if they were, I think, 12 and up,

1328
01:14:46,170 --> 01:14:49,740
but kids who were age five to 12

1329
01:14:49,740 --> 01:14:52,980
still hadn't been
eligible for the vaccine.

1330
01:14:52,980 --> 01:14:56,520
So we had this sort of advice

1331
01:14:56,520 --> 01:14:59,100
that said that schools serving students

1332
01:14:59,100 --> 01:15:01,810
that weren't yet eligible for the vaccine

1333
01:15:03,150 --> 01:15:05,400
could use the exception noted above,

1334
01:15:05,400 --> 01:15:09,330
but schools serving students
eligible for the vaccine

1335
01:15:09,330 --> 01:15:12,033
should return to these seclusion only.

1336
01:15:12,900 --> 01:15:15,630
Here we are in the fall of 2020,

1337
01:15:15,630 --> 01:15:18,900
and we have no formal COVID consideration.

1338
01:15:18,900 --> 01:15:23,900
So we're back to the
rules as they are written

1339
01:15:24,720 --> 01:15:29,720
and with no specific exceptions
except onto the next slide.

1340
01:15:35,460 --> 01:15:37,320
I just want to remind you

1341
01:15:37,320 --> 01:15:41,760
that under any circumstance
COVID or otherwise,

1342
01:15:41,760 --> 01:15:46,200
teams can always meet
on a case by case basis

1343
01:15:46,200 --> 01:15:50,160
to determine whether a
restraint is contraindicated.

1344
01:15:50,160 --> 01:15:54,210
I want to encourage you to
include the parents or guardians,

1345
01:15:54,210 --> 01:15:58,140
include your COVID coordinator
if you still have one

1346
01:15:58,140 --> 01:16:01,800
or a school nurse or other
medical professionals,

1347
01:16:01,800 --> 01:16:04,830
and you would want to
consider physical, medical,

1348
01:16:04,830 --> 01:16:08,640
psychological factors
and personal histories

1349
01:16:08,640 --> 01:16:13,293
here in the context of this
weird COVID space that we're in,

1350
01:16:14,310 --> 01:16:16,980
determine whether the
student is at high risk

1351
01:16:16,980 --> 01:16:20,680
for serious medical
complications from COVID

1352
01:16:22,050 --> 01:16:25,173
and get input from the
student's physician.

1353
01:16:26,880 --> 01:16:29,010
Consider what your data tells you,

1354
01:16:29,010 --> 01:16:33,150
consider whether the
student is eligible for

1355
01:16:33,150 --> 01:16:35,880
but hadn't been vaccinated

1356
01:16:35,880 --> 01:16:39,960
and consider factors such as a
history of spitting or biting

1357
01:16:39,960 --> 01:16:44,550
that may pose a greater
risk of viral transmission.

1358
01:16:44,550 --> 01:16:49,550
So again, teams are encouraged to meet

1359
01:16:49,590 --> 01:16:53,970
to determine what is in
the student's best interest

1360
01:16:53,970 --> 01:16:58,173
when it comes to restraint
versus seclusion.

1361
01:16:59,280 --> 01:17:03,810
So although there are no
formal exceptions granted,

1362
01:17:03,810 --> 01:17:08,447
there is always this piece to the law

1363
01:17:09,810 --> 01:17:13,620
which says that a team may consider

1364
01:17:13,620 --> 01:17:16,570
restraint being contraindicated
ad you should use that

1365
01:17:17,685 --> 01:17:22,685
if circumstances are such that
you think that's the case.

1366
01:17:24,180 --> 01:17:25,770
Just wanna make sure that you know

1367
01:17:25,770 --> 01:17:29,070
that this is on an
individual case by case basis

1368
01:17:29,070 --> 01:17:32,523
and not for a whole student body.

1369
01:17:34,800 --> 01:17:37,300
So that's all that I really
had to say about that.

1370
01:17:39,750 --> 01:17:42,030
-Thank you, yeah.
-Sure.

1371
01:17:42,030 --> 01:17:44,100
So I'll kind of pick up

1372
01:17:44,100 --> 01:17:47,370
with the last few slides we have here

1373
01:17:47,370 --> 01:17:52,080
and we will then have time for questions.

1374
01:17:52,080 --> 01:17:57,080
So after the intervention
has been terminated,

1375
01:17:58,080 --> 01:18:02,490
a student must be evaluated
and we typically, if possible,

1376
01:18:02,490 --> 01:18:04,980
would recommend that a
school nurse do that,

1377
01:18:04,980 --> 01:18:08,970
understanding that not all
schools have a school nurse,

1378
01:18:08,970 --> 01:18:11,190
you need to have someone
who is not involved

1379
01:18:11,190 --> 01:18:12,480
in the restraint.

1380
01:18:12,480 --> 01:18:16,770
So not doing the restraint
of the student or seclusion.

1381
01:18:16,770 --> 01:18:19,360
That person should not be
the one to evaluate them

1382
01:18:20,280 --> 01:18:22,614
for any injuries or signs of distress

1383
01:18:22,614 --> 01:18:24,450
and they also need to be monitored

1384
01:18:24,450 --> 01:18:26,400
for the remainder of the school day.

1385
01:18:26,400 --> 01:18:29,940
Again, by someone who was not of involved

1386
01:18:29,940 --> 01:18:32,880
in that initial restraint or seclusion.

1387
01:18:32,880 --> 01:18:35,370
A routine physical and medical assessment

1388
01:18:35,370 --> 01:18:38,430
shall be conducted and any injury received

1389
01:18:38,430 --> 01:18:41,230
as a result of the
intervention must be documented

1390
01:18:43,230 --> 01:18:44,703
and included in that report.

1391
01:18:45,720 --> 01:18:50,340
So any time that restraint
or seclusion is used,

1392
01:18:50,340 --> 01:18:53,190
it must be reported to
the school administrator,

1393
01:18:53,190 --> 01:18:56,130
the building administrator,
as soon as possible

1394
01:18:56,130 --> 01:18:57,960
no later than the end of the school day

1395
01:18:57,960 --> 01:19:00,150
on which the intervention occurred.

1396
01:19:00,150 --> 01:19:03,570
So as soon as it is possible
to report to the principal

1397
01:19:03,570 --> 01:19:06,720
or the other building administrator,

1398
01:19:06,720 --> 01:19:08,343
it must be reported to them.

1399
01:19:09,630 --> 01:19:12,750
It also must be reported
to parents or guardians.

1400
01:19:12,750 --> 01:19:15,420
The school administrator must
make a documented attempt

1401
01:19:15,420 --> 01:19:18,090
to provide verbal or
electronic notice to parents

1402
01:19:18,090 --> 01:19:20,760
as soon as possible no
later than the school day

1403
01:19:20,760 --> 01:19:22,950
on which the intervention occurred.

1404
01:19:22,950 --> 01:19:24,990
Written notice must be
provided to the parents

1405
01:19:24,990 --> 01:19:27,300
within 24 hours of the intervention

1406
01:19:27,300 --> 01:19:29,670
and written notice must
include an invitation

1407
01:19:29,670 --> 01:19:31,200
for the parent to participate

1408
01:19:31,200 --> 01:19:32,943
in a debriefing of the incident.

1409
01:19:35,310 --> 01:19:37,410
So the building administrator

1410
01:19:37,410 --> 01:19:40,200
will then report the incident
to the superintendent

1411
01:19:40,200 --> 01:19:42,600
within three school days of the incident

1412
01:19:42,600 --> 01:19:45,390
if any of the following criteria are met.

1413
01:19:45,390 --> 01:19:48,150
So of course, if there
was a death, an injury

1414
01:19:48,150 --> 01:19:50,250
that required outside medical attention

1415
01:19:50,250 --> 01:19:51,900
or a hospitalization,

1416
01:19:51,900 --> 01:19:53,880
that would certainly rise to the level

1417
01:19:53,880 --> 01:19:56,370
of reporting to the superintendent.

1418
01:19:56,370 --> 01:19:57,930
If an individual staff member

1419
01:19:57,930 --> 01:20:01,470
has used restrain or seclusion
three separate times,

1420
01:20:01,470 --> 01:20:04,350
if it lasted more than 15 minutes,

1421
01:20:04,350 --> 01:20:08,400
if a student has been restrain
secluded three or more times,

1422
01:20:08,400 --> 01:20:11,040
if a student has been restrained
or secluded more than once

1423
01:20:11,040 --> 01:20:12,780
in a single school day

1424
01:20:12,780 --> 01:20:16,590
or if the intervention was
used in violation of the rules.

1425
01:20:16,590 --> 01:20:21,180
So if the building administrator
sees that, for example,

1426
01:20:21,180 --> 01:20:23,400
one of the people
involved in the restraint

1427
01:20:23,400 --> 01:20:25,920
was not trained to use restraint

1428
01:20:25,920 --> 01:20:28,410
or if they see that seclusion was used

1429
01:20:28,410 --> 01:20:32,130
and perhaps restraint
should have been used first

1430
01:20:32,130 --> 01:20:35,133
because it was not
contraindicated for that child.

1431
01:20:36,060 --> 01:20:38,913
The administrator must report
it to the superintendent.

1432
01:20:40,530 --> 01:20:42,570
And the superintendent

1433
01:20:42,570 --> 01:20:46,380
will report incidents to
the Agency of Education.

1434
01:20:46,380 --> 01:20:49,050
So that's where Tracy Harris
and myself would receive them

1435
01:20:49,050 --> 01:20:51,960
and respond to them if
they rise to that level.

1436
01:20:51,960 --> 01:20:55,890
So Rule 4500 states that
those reports must be sent

1437
01:20:55,890 --> 01:20:59,400
to the secretary's office
within three school days

1438
01:20:59,400 --> 01:21:02,010
of the superintendent's
receipt of the report.

1439
01:21:02,010 --> 01:21:03,120
And that is, if again,

1440
01:21:03,120 --> 01:21:05,250
there is a death or a severe injury

1441
01:21:05,250 --> 01:21:07,620
requiring outside medical attention.

1442
01:21:07,620 --> 01:21:09,540
That injury could be to the student

1443
01:21:09,540 --> 01:21:12,033
or to any of the staff who were involved.

1444
01:21:13,080 --> 01:21:16,680
If the intervention lasted
more than 30 minutes,

1445
01:21:16,680 --> 01:21:19,353
or again, if there was
a violation of the rule.

1446
01:21:21,990 --> 01:21:25,260
And we actually have a new
reporting foreman system

1447
01:21:25,260 --> 01:21:27,480
that we are in the process of rolling out

1448
01:21:27,480 --> 01:21:29,550
from the Agency of Education.

1449
01:21:29,550 --> 01:21:31,680
So for incidents that meet the criteria

1450
01:21:31,680 --> 01:21:33,600
to be reported to the secretary,

1451
01:21:33,600 --> 01:21:36,390
we are now requesting that
they be sent virtually.

1452
01:21:36,390 --> 01:21:39,780
So link to the online form is
available on our state webpage

1453
01:21:39,780 --> 01:21:41,130
or will be soon

1454
01:21:41,130 --> 01:21:43,980
and its use will be mandated
in a memo to superintendent.

1455
01:21:43,980 --> 01:21:47,280
So I believe most of those
who are attending here today

1456
01:21:47,280 --> 01:21:52,280
are not superintendents
here at the building level,

1457
01:21:52,590 --> 01:21:56,730
but in case a superintendent
is reviewing this later on,

1458
01:21:56,730 --> 01:21:59,760
that is the reporting process.

1459
01:21:59,760 --> 01:22:02,910
And we did this to allow us to do a better

1460
01:22:02,910 --> 01:22:05,850
and more thorough job of
data collection and analysis

1461
01:22:05,850 --> 01:22:09,780
that will allow us to
analyze some of the trends

1462
01:22:09,780 --> 01:22:12,630
that we're seeing and incidents
of restraint and seclusion,

1463
01:22:12,630 --> 01:22:15,150
as well as to just offer better support

1464
01:22:15,150 --> 01:22:17,820
and guidance to those of
you who are in the field

1465
01:22:17,820 --> 01:22:21,693
who may need to use restraint
and seclusion at times.

1466
01:22:22,890 --> 01:22:25,263
So we wanted to just make a note of that.

1467
01:22:27,480 --> 01:22:30,243
And that is actually the end of our,

1468
01:22:31,920 --> 01:22:33,660
oh, I see there's a question.

1469
01:22:33,660 --> 01:22:35,490
We're just about to hop
into questions and comments,

1470
01:22:35,490 --> 01:22:37,770
but I'll address the one Brendan shared.

1471
01:22:37,770 --> 01:22:39,000
The staff member three times

1472
01:22:39,000 --> 01:22:41,400
on one or more students ever in that year.

1473
01:22:41,400 --> 01:22:44,160
I believe that that is
in that school year.

1474
01:22:44,160 --> 01:22:46,140
Is that correct Tracy?

1475
01:22:46,140 --> 01:22:50,730
[Tracy] I have to go back and read it.

1476
01:22:50,730 --> 01:22:53,940
Yeah, we can double check
the language of the rule.

1477
01:22:53,940 --> 01:22:57,273
[Tracy] Sorry, I'm just
going through my notes here.

1478
01:23:00,210 --> 01:23:02,520
Will the form also be sent
to the person reporting for?

1479
01:23:02,520 --> 01:23:05,310
Yes, so that is a great question.

1480
01:23:05,310 --> 01:23:07,380
With the new reporting
form, it is Cognito form.

1481
01:23:07,380 --> 01:23:10,200
So you will fill out your name

1482
01:23:10,200 --> 01:23:13,440
as the person filling out
the form and your email

1483
01:23:13,440 --> 01:23:16,200
and then the superintendent's
name and email.

1484
01:23:16,200 --> 01:23:18,510
And it will go to the
person filling out the form

1485
01:23:18,510 --> 01:23:20,370
as well as to the superintendent

1486
01:23:20,370 --> 01:23:22,233
and I believe the building principle.

1487
01:23:23,760 --> 01:23:27,420
But yes, let's go into the
formal comments and questions.

1488
01:23:27,420 --> 01:23:31,020
You are welcome to raise your hand

1489
01:23:31,020 --> 01:23:33,023
and we can ask you to unmute.

1490
01:23:33,023 --> 01:23:36,120
I think that works or you
can put it into the chat

1491
01:23:36,120 --> 01:23:38,610
and we will go through the questions

1492
01:23:38,610 --> 01:23:40,290
as they come up in the chat.

1493
01:23:40,290 --> 01:23:44,310
So I see Ashley has a
question in the chat.

1494
01:23:44,310 --> 01:23:46,560
For CPI during a standing position,

1495
01:23:46,560 --> 01:23:48,570
children's control position,

1496
01:23:48,570 --> 01:23:51,900
would a lower level holding,
medium level holding,

1497
01:23:51,900 --> 01:23:53,839
sorry, my chat is moving quickly.

1498
01:23:53,839 --> 01:23:55,817
[Tracy] No, that's fine.

1499
01:23:55,817 --> 01:23:57,510
Always a challenge.

1500
01:23:57,510 --> 01:24:00,780
Higher level holding need
a 4,500 to fill it out?

1501
01:24:00,780 --> 01:24:03,420
You know what, I am not
familiar enough with CPIs

1502
01:24:03,420 --> 01:24:06,060
specific names for the holds they use

1503
01:24:06,060 --> 01:24:08,463
to answer that off the top of my head,

1504
01:24:09,390 --> 01:24:13,950
but I believe Tracy and I can take a look

1505
01:24:13,950 --> 01:24:18,000
and we can get back to you,
Ashley, if you want to share,

1506
01:24:18,000 --> 01:24:19,500
or maybe it would be easiest

1507
01:24:19,500 --> 01:24:22,560
if you're open to just
sending us a quick email

1508
01:24:22,560 --> 01:24:26,733
and we'll have our emails on
the next slide to clarify.

1509
01:24:28,140 --> 01:24:31,530
[Tracy] Yeah, I haven't
been trained in CPI,

1510
01:24:31,530 --> 01:24:32,730
so I would have to go back

1511
01:24:32,730 --> 01:24:36,090
and look at what exactly
you're referring to,

1512
01:24:36,090 --> 01:24:41,090
but it would only be
escorts, lower level escorts,

1513
01:24:43,680 --> 01:24:48,680
that would not require 4,500
forms being filled out.

1514
01:24:57,510 --> 01:24:59,700
All right, and let's do,

1515
01:24:59,700 --> 01:25:01,350
we'll do the couple of ones from the chat

1516
01:25:01,350 --> 01:25:04,440
and then I see some hand raises as well.

1517
01:25:04,440 --> 01:25:05,310
Katherine asked,

1518
01:25:05,310 --> 01:25:07,500
how do I explain when a
language impaired student

1519
01:25:07,500 --> 01:25:08,940
is not able to communicate

1520
01:25:08,940 --> 01:25:11,973
because they cannot find
the words he needs to use?

1521
01:25:13,800 --> 01:25:18,003
So I guess, my response would
be in terms of communication,

1522
01:25:19,980 --> 01:25:22,440
maybe they're not able to find the words

1523
01:25:22,440 --> 01:25:25,260
to express a particular feeling.

1524
01:25:25,260 --> 01:25:28,650
I'm hoping that that
child is able to express

1525
01:25:28,650 --> 01:25:31,500
if they are in physical distress

1526
01:25:31,500 --> 01:25:35,373
and the intervention
is unsafe, or I guess,

1527
01:25:36,540 --> 01:25:38,370
it would be all the more important

1528
01:25:38,370 --> 01:25:41,220
that those who are
administering the restraint

1529
01:25:41,220 --> 01:25:45,300
are searching for signs of
that child being in distress.

1530
01:25:45,300 --> 01:25:49,740
If they may not be able to
use words you're looking for,

1531
01:25:49,740 --> 01:25:52,050
what other ways are they communicating

1532
01:25:52,050 --> 01:25:54,450
and being extremely cautious

1533
01:25:54,450 --> 01:25:56,040
that you terminate the intervention

1534
01:25:56,040 --> 01:25:58,710
as soon as you believe that child may be

1535
01:25:58,710 --> 01:26:00,093
in physical distress?

1536
01:26:02,100 --> 01:26:05,310
[Tracy] And then maybe afterward

1537
01:26:05,310 --> 01:26:08,610
when the student's calm
or even in a team meeting,

1538
01:26:08,610 --> 01:26:12,540
you could develop some sort of hand signal

1539
01:26:12,540 --> 01:26:14,193
that a student could use,

1540
01:26:15,690 --> 01:26:17,763
yeah, come up with another strategy.

1541
01:26:22,950 --> 01:26:27,950
So it looks like Andrew
has a question about

1542
01:26:28,980 --> 01:26:33,120
is there an exception for
the three staff members

1543
01:26:33,120 --> 01:26:36,780
if it's a small school
and only a small number

1544
01:26:36,780 --> 01:26:40,953
of adults can be part of those situations?

1545
01:26:43,050 --> 01:26:48,050
The agency doesn't receive
those sort of reports.

1546
01:26:49,020 --> 01:26:54,020
That is only meant for
your school systems.

1547
01:26:55,380 --> 01:27:00,380
And in those cases, a
superintendent would want to know

1548
01:27:00,600 --> 01:27:03,150
you would want to report
to the superintendent,

1549
01:27:03,150 --> 01:27:08,150
but Andrew, if you're in a
private independent school,

1550
01:27:10,290 --> 01:27:13,470
perhaps that's what you're talking about

1551
01:27:13,470 --> 01:27:15,750
or maybe even a smaller school

1552
01:27:15,750 --> 01:27:17,820
where there's only a few members

1553
01:27:17,820 --> 01:27:19,563
that do these interventions.

1554
01:27:20,670 --> 01:27:23,340
I would just make sure
that the superintendent

1555
01:27:23,340 --> 01:27:25,833
understands that that's the case.

1556
01:27:26,700 --> 01:27:30,990
There are no outlined
repercussions for what happens

1557
01:27:30,990 --> 01:27:35,520
if staff members use
those many restraints,

1558
01:27:35,520 --> 01:27:39,843
it's just to raise the
superintendent's level of interest.

1559
01:27:44,340 --> 01:27:47,130
Katherine has another question.

1560
01:27:47,130 --> 01:27:49,290
How can an alternative program

1561
01:27:49,290 --> 01:27:53,553
get the 4,500 to schools
within the timeline?

1562
01:27:54,390 --> 01:27:59,390
Email is too open and
snail mail is too long.

1563
01:27:59,910 --> 01:28:02,613
The sending school needs
to know the details.

1564
01:28:04,350 --> 01:28:08,190
So I think that should be
addressed by our new reporting

1565
01:28:08,190 --> 01:28:12,592
because there's a space
for you to fill out

1566
01:28:12,592 --> 01:28:16,690
the student's supervisor
union or sending school

1567
01:28:17,730 --> 01:28:18,930
or school district, I guess,

1568
01:28:18,930 --> 01:28:22,890
and then also to fill out
the details of the incident.

1569
01:28:22,890 --> 01:28:27,450
So if you complete that Cognito form,

1570
01:28:27,450 --> 01:28:29,190
then it will go to the agency,

1571
01:28:29,190 --> 01:28:32,760
it will also go to the
sending school superintendent.

1572
01:28:32,760 --> 01:28:34,410
So they will be made aware of it.

1573
01:28:37,890 --> 01:28:40,230
So hopefully that will address that.

1574
01:28:40,230 --> 01:28:42,090
So you're saying the new form

1575
01:28:42,090 --> 01:28:47,090
is like a digital interactive kinda form?

1576
01:28:47,130 --> 01:28:48,933
It is, it's a Cognito form.

1577
01:28:50,788 --> 01:28:53,700
So I'm Drew and I work at Kindle Farm.

1578
01:28:53,700 --> 01:28:55,739
There's a few of us here.

1579
01:28:55,739 --> 01:28:57,540
And we haven't seen that form

1580
01:28:57,540 --> 01:29:01,500
and I'm also President of
Vermont Independent Schools.

1581
01:29:01,500 --> 01:29:03,663
And so I'd just like to request
that independent schools--

1582
01:29:03,663 --> 01:29:06,840
-Yes.
-Make sure we get the benefit

1583
01:29:06,840 --> 01:29:10,260
of all that publication 'cause
we hadn't heard anything,

1584
01:29:10,260 --> 01:29:12,150
but we had heard about it
from, so that directions.

1585
01:29:12,150 --> 01:29:14,490
Absolutely, yeah, sorry,
I'm trying to go back.

1586
01:29:14,490 --> 01:29:17,490
So I wrote this with a bit of optimism

1587
01:29:17,490 --> 01:29:20,310
about the speed at which
we would update the website

1588
01:29:20,310 --> 01:29:24,510
and I apologize, you
are not being left out

1589
01:29:24,510 --> 01:29:26,313
of the loop on information,

1590
01:29:27,150 --> 01:29:29,220
simply it has not gone
up on the website yet.

1591
01:29:29,220 --> 01:29:32,370
So it was my optimism to say
that the link is available,

1592
01:29:32,370 --> 01:29:35,790
but rather that it will be
available I hope very soon.

1593
01:29:35,790 --> 01:29:38,100
And there will be a memo
from secretary French

1594
01:29:38,100 --> 01:29:39,870
that will include superintendents

1595
01:29:39,870 --> 01:29:42,330
and independent schools as well.

1596
01:29:42,330 --> 01:29:45,303
So thank you for bringing that up.

1597
01:29:46,170 --> 01:29:50,400
And I see Todd has had his
hand raised for a bit as well.

1598
01:29:50,400 --> 01:29:52,893
Yeah, I mean, I work with Drew.

1599
01:29:54,510 --> 01:29:56,949
I still want more clarity.

1600
01:29:56,949 --> 01:30:01,949
So we contract with probably
15, 16 districts in our area

1601
01:30:03,750 --> 01:30:06,063
and so there's just physical distance.

1602
01:30:07,380 --> 01:30:09,690
First your thing says

1603
01:30:09,690 --> 01:30:13,650
when it's an incident that needs
to be reported to you guys,

1604
01:30:13,650 --> 01:30:16,140
to AOE that's when you
use the digital form,

1605
01:30:16,140 --> 01:30:19,470
but we're not talking
about only those incidents.

1606
01:30:19,470 --> 01:30:22,050
We're talking about just reporting

1607
01:30:22,050 --> 01:30:24,960
to our districts and our parents.

1608
01:30:24,960 --> 01:30:26,947
But with that, I have two questions.

1609
01:30:26,947 --> 01:30:29,820
One is is that form what we would use

1610
01:30:29,820 --> 01:30:32,193
even for lower level interventions?

1611
01:30:33,150 --> 01:30:35,430
Yeah, you're talking about reporting

1612
01:30:35,430 --> 01:30:36,780
to parents or reporting

1613
01:30:36,780 --> 01:30:39,783
to the sending school of the child, yeah.

1614
01:30:41,700 --> 01:30:43,260
We communicate day of,

1615
01:30:43,260 --> 01:30:45,840
and then we write our
reports within 24 hours,

1616
01:30:45,840 --> 01:30:50,004
but we often mail those
reports and it takes time.

1617
01:30:50,004 --> 01:30:55,004
We're not clear on the emailing process

1618
01:30:55,140 --> 01:30:56,460
and if we're allowed to do that

1619
01:30:56,460 --> 01:30:59,460
or if there's confidentiality
that prevents that,

1620
01:30:59,460 --> 01:31:01,170
those kinds of things.

1621
01:31:01,170 --> 01:31:04,290
[Tracy] The new report form, Todd,

1622
01:31:04,290 --> 01:31:09,290
will have, posted online
will be the Cognito form

1623
01:31:10,080 --> 01:31:13,980
which will be sent
automatically to the agency.

1624
01:31:13,980 --> 01:31:18,570
But then you'll see a
PDF version of that form

1625
01:31:18,570 --> 01:31:22,500
and that's what you can
use to fill out online

1626
01:31:22,500 --> 01:31:25,290
and send to the district.

1627
01:31:25,290 --> 01:31:28,293
I guess, the question of
physically getting it.

1628
01:31:30,960 --> 01:31:33,650
If we can attach a PDF,
we'll just start doing that

1629
01:31:33,650 --> 01:31:34,863
if that's approved.

1630
01:31:35,850 --> 01:31:37,710
I believe that that is acceptable

1631
01:31:37,710 --> 01:31:40,953
in terms of the level of confidentiality.

1632
01:31:43,710 --> 01:31:46,200
I will double check and
follow up with you on that,

1633
01:31:46,200 --> 01:31:47,670
but we have received reports

1634
01:31:47,670 --> 01:31:49,950
in the past via emails and PDFs,

1635
01:31:49,950 --> 01:31:52,620
so that should be acceptable.

1636
01:31:52,620 --> 01:31:56,070
Okay, 'cause there's sort
of this lag time, right?

1637
01:31:56,070 --> 01:31:58,290
The new link isn't out

1638
01:31:58,290 --> 01:32:00,600
and we're working with students right now.

1639
01:32:00,600 --> 01:32:01,433
[Tracy] Yeah.

1640
01:32:02,280 --> 01:32:03,869
Having a solution that we can make sure

1641
01:32:03,869 --> 01:32:08,853
that we're getting the
information as is required,

1642
01:32:09,930 --> 01:32:11,700
like I'd like to leave this meeting

1643
01:32:11,700 --> 01:32:14,970
with an understanding of what we can do.

1644
01:32:14,970 --> 01:32:16,320
So it sounds like we could,

1645
01:32:16,320 --> 01:32:19,200
'cause we can also make
PDFs out of our 4,500 form.

1646
01:32:19,200 --> 01:32:22,650
Sounds like we can email
a PDF to the school

1647
01:32:22,650 --> 01:32:24,150
and to the family.

1648
01:32:24,150 --> 01:32:27,090
Yeah, at this, I will reach
out if it's not the case,

1649
01:32:27,090 --> 01:32:31,470
but yes, you can email a PDF form.

1650
01:32:31,470 --> 01:32:32,400
[Todd] Thank you.

1651
01:32:32,400 --> 01:32:33,233
Yeah.

1652
01:32:35,730 --> 01:32:38,880
Do we have any other hands raised

1653
01:32:38,880 --> 01:32:40,530
or should we go back to the chat?

1654
01:32:43,433 --> 01:32:46,223
I see Ashley has a question.

1655
01:32:47,790 --> 01:32:51,720
In Vermont can a parent ask
for no seclusion or restraints

1656
01:32:51,720 --> 01:32:54,903
for a student that physically
harms themselves and others?

1657
01:32:56,070 --> 01:33:01,070
So I think that a parent request

1658
01:33:01,110 --> 01:33:04,110
should be part of a team meeting

1659
01:33:04,110 --> 01:33:07,620
and their input should be taken seriously,

1660
01:33:07,620 --> 01:33:11,740
but ultimately it will be a team decision

1661
01:33:12,780 --> 01:33:16,200
whether to decide if
restraint or seclusion

1662
01:33:16,200 --> 01:33:18,213
are contraindicated for that child.

1663
01:33:19,050 --> 01:33:21,330
And I'll let Tracy clarify

1664
01:33:21,330 --> 01:33:23,121
'cause I think she has more--

1665
01:33:23,121 --> 01:33:26,040
-Yeah.
-Experience in that realm.

1666
01:33:26,040 --> 01:33:28,570
[Tracy] I mean, the rule was developed

1667
01:33:32,040 --> 01:33:34,200
as a safeguard for schools

1668
01:33:34,200 --> 01:33:37,620
to be able to use restraint and seclusion.

1669
01:33:37,620 --> 01:33:42,620
So Vermont schools are permitted
to restrain and seclude

1670
01:33:44,948 --> 01:33:49,948
as long as all of the conditions
under the rules are met.

1671
01:33:52,110 --> 01:33:57,110
So a parent can ask for that

1672
01:33:58,461 --> 01:34:03,203
and I would do everything in
your power to oblige that,

1673
01:34:04,680 --> 01:34:09,270
but if the student is
posing an imminent, real,

1674
01:34:09,270 --> 01:34:14,270
very serious risk of harm
to themselves or to others,

1675
01:34:15,810 --> 01:34:19,290
you are allowed to restrain or seclude

1676
01:34:19,290 --> 01:34:21,820
as long as it's not contraindicated

1677
01:34:23,820 --> 01:34:28,773
according to a team with input
from a wide range of people.

1678
01:34:33,210 --> 01:34:34,920
Katherine asked, is there a resource

1679
01:34:34,920 --> 01:34:37,020
to help design a management system

1680
01:34:37,020 --> 01:34:40,593
for dysregulated students
who are involved with trauma?

1681
01:34:42,660 --> 01:34:46,600
[Tracy] Some of the
training protocols do offer

1682
01:34:48,420 --> 01:34:53,420
special additional trainings
for trauma-informed practices.

1683
01:34:56,100 --> 01:35:00,510
And I believe TCI, therapeutic
crisis intervention,

1684
01:35:00,510 --> 01:35:04,800
is one of those that
is very trauma-informed

1685
01:35:04,800 --> 01:35:08,820
and I'm not sure what other ones are,

1686
01:35:08,820 --> 01:35:11,490
but looks like Todd has his hand raised,

1687
01:35:11,490 --> 01:35:13,740
do you have an answer
to that question, Todd?

1688
01:35:15,570 --> 01:35:17,672
Or is that an old hand raise?

1689
01:35:17,672 --> 01:35:19,587
I have a separate question.

1690
01:35:19,587 --> 01:35:20,673
[Tracy] Oh, okay.

1691
01:35:24,630 --> 01:35:27,420
So is that what you meant, Katherine?

1692
01:35:27,420 --> 01:35:30,060
Is there a restraint training program

1693
01:35:30,060 --> 01:35:31,833
that is trauma-informed?

1694
01:35:34,590 --> 01:35:39,590
[Katherine] Yes, or a resource,

1695
01:35:40,710 --> 01:35:45,710
a person that we could bring
in because trauma ends up being

1696
01:35:45,810 --> 01:35:47,193
one of those things that,

1697
01:35:48,780 --> 01:35:52,440
I don't wanna make it worse
by all of these interventions.

1698
01:35:52,440 --> 01:35:55,200
Absolutely, and let's be real,

1699
01:35:55,200 --> 01:35:57,070
being restrained and secluded

1700
01:35:58,950 --> 01:36:02,250
very much so can be traumatic

1701
01:36:02,250 --> 01:36:04,710
and it can be extra traumatic to a student

1702
01:36:04,710 --> 01:36:06,993
who's already experienced trauma.

1703
01:36:08,850 --> 01:36:12,000
I know that there are some people

1704
01:36:12,000 --> 01:36:14,489
and I can put you in
touch with those people

1705
01:36:14,489 --> 01:36:18,780
who can do some additional training,

1706
01:36:18,780 --> 01:36:23,780
but some just everyday
strategies that you can do

1707
01:36:23,880 --> 01:36:28,880
is to always verbally
mediate what you're doing.

1708
01:36:30,630 --> 01:36:35,630
And even before you do any
restraints or seclusions,

1709
01:36:35,880 --> 01:36:40,450
you can go over with the
student and with their families

1710
01:36:41,490 --> 01:36:45,480
this is what it will look
like if such and such happens,

1711
01:36:45,480 --> 01:36:50,100
here is the seclusion
room that we will use,

1712
01:36:50,100 --> 01:36:55,100
let me show you how we might
hold you if you become unsafe,

1713
01:36:55,560 --> 01:37:00,540
just when they're in a calm
and not triggered space,

1714
01:37:00,540 --> 01:37:03,540
really walking them through those things.

1715
01:37:03,540 --> 01:37:05,910
And then when they are escalated,

1716
01:37:05,910 --> 01:37:10,910
just using your words to try
to give them forewarning,

1717
01:37:16,950 --> 01:37:21,950
things like keeping a calm
and neutral tone of voice,

1718
01:37:22,710 --> 01:37:24,033
that's helpful.

1719
01:37:26,250 --> 01:37:27,810
Yeah, I used to have a list.

1720
01:37:27,810 --> 01:37:32,260
So I'm gonna write that down
and I'm gonna send that out

1721
01:37:35,190 --> 01:37:39,570
because there are some
trauma-informed practices

1722
01:37:39,570 --> 01:37:41,130
that you can do

1723
01:37:41,130 --> 01:37:44,703
to make restraints and
seclusions less traumatic.

1724
01:37:47,370 --> 01:37:50,790
Right, and I replied to Katie in the chat

1725
01:37:50,790 --> 01:37:53,520
about the form clarification.

1726
01:37:53,520 --> 01:37:56,820
Josh asks, assuming teacher
or IA in our program

1727
01:37:56,820 --> 01:37:59,520
completes the 4,500 report I'm assuming,

1728
01:37:59,520 --> 01:38:01,830
and moves it forward to our administrators

1729
01:38:01,830 --> 01:38:03,300
would we be scrutinized

1730
01:38:03,300 --> 01:38:04,860
if the correct chain does not continue,

1731
01:38:04,860 --> 01:38:08,010
or if timelines are not
met due to administration?

1732
01:38:08,010 --> 01:38:09,330
No, certainly not.

1733
01:38:09,330 --> 01:38:13,953
As long as the form is
completed and it's accurate,

1734
01:38:15,990 --> 01:38:18,630
neither the agency and I'm also assuming

1735
01:38:18,630 --> 01:38:21,420
the superintendent would not
be returning to the person

1736
01:38:21,420 --> 01:38:25,080
administering the restraint
and holding that against them

1737
01:38:25,080 --> 01:38:27,780
if later on in the chain of command

1738
01:38:27,780 --> 01:38:30,783
that report didn't make
it where it needed to go.

1739
01:38:32,790 --> 01:38:33,840
And here at the agency,

1740
01:38:33,840 --> 01:38:36,843
we're really more looking at a broader,

1741
01:38:37,680 --> 01:38:39,570
sometimes there may be
a particular incident

1742
01:38:39,570 --> 01:38:43,620
that's concerning, but you're
looking at broader patterns

1743
01:38:43,620 --> 01:38:47,520
and if we are determined that
additional training or support

1744
01:38:47,520 --> 01:38:48,990
or corrective action is needed

1745
01:38:48,990 --> 01:38:51,510
on a district or a school level.

1746
01:38:51,510 --> 01:38:54,390
We're not looking at individual staff

1747
01:38:54,390 --> 01:38:56,583
for the vast majority of cases.

1748
01:39:00,060 --> 01:39:02,400
Someone has a recommendation

1749
01:39:02,400 --> 01:39:06,310
for Dave Melnick and Ken Kremberg

1750
01:39:07,820 --> 01:39:12,060
as possible sources of trauma-informed

1751
01:39:12,060 --> 01:39:14,670
training surrounding management systems

1752
01:39:14,670 --> 01:39:17,940
that may involve restraint
and seclusion of students.

1753
01:39:17,940 --> 01:39:19,323
CPI does offer that.

1754
01:39:20,730 --> 01:39:25,560
[Tracy] And I agree Dave
and Ken are great resources.

1755
01:39:25,560 --> 01:39:30,333
Kara Capelli at NFI also
is a great resource.

1756
01:39:31,740 --> 01:39:34,356
Amanda, sorry if my, oh, I'm sorry, Tracy.

1757
01:39:34,356 --> 01:39:35,910
Finish your thought.

1758
01:39:35,910 --> 01:39:39,423
[Tracy] Oh no, just I added Kara Capelli.

1759
01:39:40,870 --> 01:39:45,870
I can send out a list of
additional people too.

1760
01:39:46,920 --> 01:39:47,753
Great.

1761
01:39:48,810 --> 01:39:51,570
Can I add a little flavor
to this conversation?

1762
01:39:51,570 --> 01:39:52,403
[Tracy] Yeah.

1763
01:39:52,403 --> 01:39:53,236
I mean, first of all,

1764
01:39:53,236 --> 01:39:55,230
the names you've named are awesome

1765
01:39:55,230 --> 01:39:58,230
and have been our consultants and guides.

1766
01:39:58,230 --> 01:40:01,410
So I concur with all that.

1767
01:40:01,410 --> 01:40:04,620
I would say CPI, Handle With Care.

1768
01:40:04,620 --> 01:40:07,950
I mean, I've been
certified trainers of both.

1769
01:40:07,950 --> 01:40:11,820
And I think the physical management system

1770
01:40:11,820 --> 01:40:13,560
automatically works

1771
01:40:13,560 --> 01:40:16,260
-to be trauma-informed.
-Yeah.

1772
01:40:16,260 --> 01:40:20,130
Because 90% of those
trainings are to keep people

1773
01:40:20,130 --> 01:40:23,190
out of physical restraint

1774
01:40:23,190 --> 01:40:26,790
and then to safely
apply physical restraint

1775
01:40:26,790 --> 01:40:29,700
like we talked about in terms of safety.

1776
01:40:29,700 --> 01:40:33,780
And so it's so obvious to me that a school

1777
01:40:33,780 --> 01:40:35,670
that can do this well,

1778
01:40:35,670 --> 01:40:39,360
can keep kids in the community

1779
01:40:39,360 --> 01:40:41,610
rather than sitting out of the community

1780
01:40:41,610 --> 01:40:45,210
if their body isn't able to
stay safe on a regular basis.

1781
01:40:45,210 --> 01:40:50,210
And so I think inherently,
if it's practiced as design,

1782
01:40:50,310 --> 01:40:51,870
these things are trauma-informed

1783
01:40:51,870 --> 01:40:55,170
because kids that are
adjudicated for violence,

1784
01:40:55,170 --> 01:40:58,800
kicked outta school for
violence, for lack of being safe,

1785
01:40:58,800 --> 01:41:03,550
we can stop that process
and keep kids in school

1786
01:41:04,710 --> 01:41:07,777
and caring ways partnered with AOE.

1787
01:41:09,176 --> 01:41:12,100
I just really wanna advocate that I think

1788
01:41:13,530 --> 01:41:16,814
most of these are trauma-informed

1789
01:41:16,814 --> 01:41:21,814
and to be able to apply
this safely and cautiously

1790
01:41:23,430 --> 01:41:26,940
allows us to kind of serve
a greater breadth of kids

1791
01:41:26,940 --> 01:41:29,670
and keep them outta harm's way.

1792
01:41:29,670 --> 01:41:31,866
That's just my little
plug, thanks for that.

1793
01:41:31,866 --> 01:41:33,116
[Tracy] Yeah.

1794
01:41:34,230 --> 01:41:37,713
And it prevents kids from
being suspended and expelled.

1795
01:41:38,670 --> 01:41:42,810
I don't recommend that this
be your first line of defense

1796
01:41:42,810 --> 01:41:45,780
against suspension or expulsion,

1797
01:41:45,780 --> 01:41:49,380
but these rules do allow you

1798
01:41:49,380 --> 01:41:51,813
to continue working with the students.

1799
01:41:53,850 --> 01:41:57,630
Todd still has his hand
raised for another question.

1800
01:41:57,630 --> 01:41:58,653
Go ahead, Todd.

1801
01:41:59,700 --> 01:42:04,410
I just wanna get some clarity
on the third party person

1802
01:42:04,410 --> 01:42:07,533
that's checking after a restraint.

1803
01:42:11,640 --> 01:42:13,814
We always have more than
one person in the room

1804
01:42:13,814 --> 01:42:15,892
'cause we have a witness
checking on breathing

1805
01:42:15,892 --> 01:42:17,860
and doing the face-to-face

1806
01:42:19,050 --> 01:42:20,960
that's not the practitioner
of the restraint.

1807
01:42:20,960 --> 01:42:24,820
Is it also that person
that shouldn't be involved

1808
01:42:25,710 --> 01:42:28,110
in the checking in after the event

1809
01:42:28,110 --> 01:42:30,000
or does it absolutely have to be

1810
01:42:30,000 --> 01:42:32,160
then someone who wasn't in the room

1811
01:42:32,160 --> 01:42:35,220
or is it only the primary practitioner

1812
01:42:35,220 --> 01:42:36,620
that shouldn't do the check?

1813
01:42:37,470 --> 01:42:39,150
[Tracy] It shouldn't be anyone

1814
01:42:39,150 --> 01:42:43,440
who has directed the intervention

1815
01:42:43,440 --> 01:42:46,020
or has had hands on in any way.

1816
01:42:46,020 --> 01:42:50,430
But if it were just an observer,

1817
01:42:50,430 --> 01:42:55,320
that person, they could do the assessment

1818
01:42:55,320 --> 01:42:57,330
if you don't have a school nurse.

1819
01:42:57,330 --> 01:42:58,894
It can be the observer?

1820
01:42:58,894 --> 01:43:00,110
[Tracy] Yes.

1821
01:43:00,110 --> 01:43:02,913
In our scenario we wouldn't have a,

1822
01:43:05,070 --> 01:43:08,250
our observer would not
be directing the event

1823
01:43:08,250 --> 01:43:09,826
there and there to observe.

1824
01:43:09,826 --> 01:43:11,076
[Tracy] Okay.

1825
01:43:14,310 --> 01:43:17,700
As long as they weren't
also restraining the student

1826
01:43:17,700 --> 01:43:19,320
in any way, yeah.

1827
01:43:19,320 --> 01:43:21,113
[Todd] That's clear to me, thank you.

1828
01:43:25,560 --> 01:43:30,560
Okay, Anne, can you
capture this chat for us

1829
01:43:32,820 --> 01:43:36,660
and save it so that we can get
back and answer any questions

1830
01:43:36,660 --> 01:43:39,990
that we didn't adequately answer?

1831
01:43:39,990 --> 01:43:41,010
Absolutely.

1832
01:43:41,010 --> 01:43:42,310
[Tracy] Okay, thank you.

1833
01:43:43,290 --> 01:43:45,570
And we have everybody's email address.

1834
01:43:45,570 --> 01:43:49,080
So I wrote down a few things that I said

1835
01:43:49,080 --> 01:43:52,713
that I would check into and
get back to everyone about.

1836
01:43:54,240 --> 01:43:59,190
Yes, and you can absolutely
email the two of us.

1837
01:43:59,190 --> 01:44:02,910
We are kind of the
folks at AOE who respond

1838
01:44:02,910 --> 01:44:07,530
to any kind of inquiry
surrounding Rule 4500

1839
01:44:07,530 --> 01:44:11,160
and we receive the reports
that are coming to the agency

1840
01:44:11,160 --> 01:44:12,693
if they meet that criteria.

1841
01:44:14,400 --> 01:44:17,070
I think we would be more
than happy to meet with you,

1842
01:44:17,070 --> 01:44:20,220
to meet with folks from your
school and just talk through

1843
01:44:20,220 --> 01:44:24,420
any questions that you have
further if issues are coming up.

1844
01:44:24,420 --> 01:44:26,277
So these slides will be posted

1845
01:44:26,277 --> 01:44:27,694
and there are a few additional slides

1846
01:44:27,694 --> 01:44:29,400
at the end of the presentation

1847
01:44:29,400 --> 01:44:30,840
with some additional resources,

1848
01:44:30,840 --> 01:44:33,690
but otherwise we will
be following up directly

1849
01:44:33,690 --> 01:44:36,183
with folks who have requested it.

1850
01:44:38,100 --> 01:44:39,000
And if I can just say,

1851
01:44:39,000 --> 01:44:44,000
I will be sending an evaluation link.

1852
01:44:44,490 --> 01:44:46,170
And when you fill out that evaluation,

1853
01:44:46,170 --> 01:44:47,790
you'll also receive

1854
01:44:47,790 --> 01:44:50,220
your certificate of
attendance within that.

1855
01:44:50,220 --> 01:44:51,750
That's a button you can click on

1856
01:44:51,750 --> 01:44:54,270
within the evaluation afterwards

1857
01:44:54,270 --> 01:44:56,340
and the email that you
get will also include

1858
01:44:56,340 --> 01:44:59,373
the link to the materials
that were provided.

1859
01:45:02,340 --> 01:45:03,303
Thank you, Anne.

1860
01:45:05,820 --> 01:45:08,880
All right, I think that
we will wrap this up.

1861
01:45:08,880 --> 01:45:10,950
Thank you all so much for your time

1862
01:45:10,950 --> 01:45:14,550
and thank you for the important
and often challenging work

1863
01:45:14,550 --> 01:45:17,010
that you're doing with Vermont students.

1864
01:45:17,010 --> 01:45:18,663
[Tracy] Absolutely, thank you.