1
00:00:09,450 --> 00:00:12,060
All right, everyone. Go
for it, Tracy and Tom.

2
00:00:12,060 --> 00:00:14,403
Thanks again for being
here for this webinar.

3
00:00:18,243 --> 00:00:19,861
Okay, so I guess I'll start

4
00:00:19,861 --> 00:00:21,240
and just greet everybody as well.

5
00:00:21,240 --> 00:00:23,940
I'm Tom Faris with the
Agency of Education.

6
00:00:23,940 --> 00:00:27,000
I'm going into my seventh
year with the agency, now.

7
00:00:27,000 --> 00:00:32,000
Prior to that, I worked in
schools as a special educator

8
00:00:32,910 --> 00:00:36,360
and then as a school administrator
for a number of years.

9
00:00:36,360 --> 00:00:38,110
I've also worked in a variety

10
00:00:40,053 --> 00:00:42,769
of residential

11
00:00:42,769 --> 00:00:45,870
and other types of program settings.

12
00:00:45,870 --> 00:00:50,310
So my experience with restraint seclusion

13
00:00:50,310 --> 00:00:54,570
is pretty extensive in terms of experience

14
00:00:54,570 --> 00:00:55,683
as a practitioner.

15
00:00:56,610 --> 00:01:00,330
My involvement with the technical sides

16
00:01:00,330 --> 00:01:04,440
of Rule 4500 really began

17
00:01:04,440 --> 00:01:07,690
largely last February when I helped

18
00:01:08,536 --> 00:01:11,890
to take some responsibility
for supervising reports

19
00:01:11,890 --> 00:01:14,190
that come into the agency
regarding Rule 4500.

20
00:01:17,177 --> 00:01:18,870
And I'm Tracy Harris.

21
00:01:18,870 --> 00:01:22,740
Like Tom, I have also
worked in public schools

22
00:01:22,740 --> 00:01:25,440
and approved independent schools

23
00:01:25,440 --> 00:01:29,163
in Vermont for many, many, many years.

24
00:01:30,900 --> 00:01:35,900
And I've been with the
Agency of Ed for coming on,

25
00:01:36,665 --> 00:01:39,150
well, I guess it has been 12 years now,

26
00:01:39,150 --> 00:01:43,500
and I've been, up until
a couple years ago,

27
00:01:43,500 --> 00:01:46,140
I was the lead at the agency

28
00:01:46,140 --> 00:01:49,773
for all things related to
restraints and seclusions.

29
00:01:52,694 --> 00:01:55,140
But Tom is very capable,

30
00:01:55,140 --> 00:01:59,430
and now I am just pulled
in as a content expert

31
00:01:59,430 --> 00:02:03,494
when there are tricky
situations or when there're,

32
00:02:03,494 --> 00:02:05,760
I'm on the special ed team
at the Agency of Education.

33
00:02:05,760 --> 00:02:10,020
So if there may be issues
involving restraint and seclusion

34
00:02:10,020 --> 00:02:12,540
of students on IEPs

35
00:02:12,540 --> 00:02:17,540
where it may impact their IEP services,

36
00:02:18,240 --> 00:02:20,133
I can get called into that too.

37
00:02:25,552 --> 00:02:26,880
Okay, so first to just start

38
00:02:26,880 --> 00:02:29,842
with the general purposes of Rule 4500.

39
00:02:29,842 --> 00:02:31,157
So you can see on your screen,,

40
00:02:32,250 --> 00:02:35,910
the purpose is for positive
and safe environments.

41
00:02:35,910 --> 00:02:40,860
We're looking to ensure that
students are not subjected

42
00:02:40,860 --> 00:02:43,650
to inappropriate use of
restraint and seclusion,

43
00:02:43,650 --> 00:02:45,420
and that we do emphasize the use

44
00:02:45,420 --> 00:02:48,330
of positive behavioral
interventions and supports.

45
00:02:48,330 --> 00:02:53,330
Rule 4500 is for emergency situations.

46
00:02:53,460 --> 00:02:58,460
It is not intended to be
for behavior modification

47
00:02:58,500 --> 00:03:00,873
or other educational purposes.

48
00:03:08,820 --> 00:03:10,670
So we'll start with some definitions.

49
00:03:12,300 --> 00:03:17,040
And this, I'm finding is
really a critical definition

50
00:03:17,040 --> 00:03:19,230
of seclusion because I found
that there is a fair amount

51
00:03:19,230 --> 00:03:20,970
of confusion in some places

52
00:03:20,970 --> 00:03:22,833
about the definition of seclusion.

53
00:03:24,332 --> 00:03:27,210
The most significant piece
to me is that first part,

54
00:03:27,210 --> 00:03:29,640
that it's the confinement
of a student alone

55
00:03:29,640 --> 00:03:30,963
in a room or area.

56
00:03:33,367 --> 00:03:35,250
I've had opportunities to speak

57
00:03:35,250 --> 00:03:36,810
with a number of people in the field.

58
00:03:36,810 --> 00:03:37,830
End of the hall.

59
00:03:41,083 --> 00:03:41,916
A number of people in the field

60
00:03:41,916 --> 00:03:44,670
who have not necessarily been aware

61
00:03:44,670 --> 00:03:47,130
of that requirement that
the student has to be alone

62
00:03:47,130 --> 00:03:49,650
and that they've been
counting seclusion situations

63
00:03:49,650 --> 00:03:52,530
where another staff member
has been in the room

64
00:03:52,530 --> 00:03:54,420
with the student, maybe
processing with them

65
00:03:54,420 --> 00:03:56,220
or assisting them in some way.

66
00:03:56,220 --> 00:03:58,473
Those situations would not be seclusion.

67
00:04:00,060 --> 00:04:03,660
It also requires that the
student is prevented from leaving

68
00:04:03,660 --> 00:04:06,948
or reasonably believes that
they're prevented from leaving.

69
00:04:06,948 --> 00:04:08,620
And that sometimes could come up

70
00:04:09,536 --> 00:04:10,860
with a degree of subjectivity

71
00:04:10,860 --> 00:04:12,600
because we don't know necessarily

72
00:04:12,600 --> 00:04:14,580
exactly what a student believes.

73
00:04:14,580 --> 00:04:16,860
But I think we can make
reasonable inferences based

74
00:04:16,860 --> 00:04:18,550
on the cues that we've given them

75
00:04:19,474 --> 00:04:22,740
and the circumstances that they're in.

76
00:04:22,740 --> 00:04:26,410
And it doesn't include
timeout or private processing

77
00:04:27,510 --> 00:04:29,851
where a student isn't left alone

78
00:04:29,851 --> 00:04:32,133
or is interacting with an adult.

79
00:04:37,170 --> 00:04:39,290
All right, we're gonna
be making extensive use

80
00:04:39,290 --> 00:04:41,640
of these polls during this presentation,

81
00:04:41,640 --> 00:04:42,870
and these will be opportunities

82
00:04:42,870 --> 00:04:45,363
for you to respond to
a variety of scenarios.

83
00:04:46,320 --> 00:04:49,740
The way that we're going to
try to make these work is

84
00:04:49,740 --> 00:04:53,280
to use a cascading method
to get your responses.

85
00:04:53,280 --> 00:04:56,520
These are gonna be a yes
or no question at the end.

86
00:04:56,520 --> 00:05:01,380
So when we're finished looking
at the scenario question

87
00:05:01,380 --> 00:05:03,720
will be whether the
following scenario involves

88
00:05:03,720 --> 00:05:05,728
a use of seclusion,

89
00:05:05,728 --> 00:05:07,950
and you have an opportunity
to put in the chat

90
00:05:07,950 --> 00:05:10,710
whether you think this is
an incident of seclusion

91
00:05:10,710 --> 00:05:14,190
and perhaps some information
about why or why not.

92
00:05:14,190 --> 00:05:15,023
But we're gonna ask

93
00:05:15,023 --> 00:05:19,143
that you not put your
answer in until we cue you.

94
00:05:20,520 --> 00:05:23,403
We'll get kind of a cascade
of responses at that point.

95
00:05:24,570 --> 00:05:26,160
You can type it in,

96
00:05:26,160 --> 00:05:28,774
but don't push send right
until the cue to do so.

97
00:05:28,774 --> 00:05:30,633
Right. Right.

98
00:05:31,470 --> 00:05:36,470
That allows everybody to have
their own private think time

99
00:05:36,660 --> 00:05:40,650
and not feel pressured when
you're seeing other responses.

100
00:05:40,650 --> 00:05:44,643
So we'll give what feels like
an appropriate amount of time.

101
00:05:48,420 --> 00:05:52,200
Well, I'm just, because some
people may be better able

102
00:05:52,200 --> 00:05:54,360
to process this if they hear it,

103
00:05:54,360 --> 00:05:56,130
I don't typically read whole slides,

104
00:05:56,130 --> 00:05:58,650
but I'll read the scenario for people.

105
00:05:58,650 --> 00:06:01,530
This is about a student named
Zuri who began kicking a peer

106
00:06:01,530 --> 00:06:04,380
who was in line in front
of her and wouldn't stop

107
00:06:04,380 --> 00:06:07,323
when her BI attempted to
intervene and deescalate.

108
00:06:08,826 --> 00:06:11,400
The BI walked her to a quiet
room and the door was closed.

109
00:06:11,400 --> 00:06:13,020
Zuri was not permitted to leave

110
00:06:13,020 --> 00:06:15,483
until she discussed the
incident with her BI.

111
00:06:18,120 --> 00:06:21,420
Together, Zuri and her BI
processed the situation

112
00:06:21,420 --> 00:06:23,550
and made a plan for what to do next time

113
00:06:23,550 --> 00:06:25,830
she became upset with the peer.

114
00:06:25,830 --> 00:06:28,770
So your question to
answer is whether or not

115
00:06:28,770 --> 00:06:31,200
this is a use of seclusion.

116
00:06:31,200 --> 00:06:34,680
And if you wish to put in
some further information

117
00:06:34,680 --> 00:06:36,580
about why or why not you believe that.

118
00:06:38,062 --> 00:06:39,953
We'll give you a moment to think about it.

119
00:06:58,530 --> 00:07:00,510
All right, if you press
enter for your answers,

120
00:07:00,510 --> 00:07:02,823
we'll see what people have responded.

121
00:07:12,120 --> 00:07:12,953
All right.

122
00:07:22,590 --> 00:07:25,410
It's looking like the nos have it

123
00:07:25,410 --> 00:07:27,600
with a few yeses sprinkled in.

124
00:07:27,600 --> 00:07:29,703
So let's discuss this.

125
00:07:33,329 --> 00:07:34,860
Okay, so the answer, the
correct answer is no,

126
00:07:34,860 --> 00:07:38,040
this does not describe
an incident of seclusion.

127
00:07:38,040 --> 00:07:41,400
Zuri and her BI were together
in the enclosed space,

128
00:07:41,400 --> 00:07:42,780
and she wasn't alone in the room,

129
00:07:42,780 --> 00:07:46,203
and she was able to to
interact with the BI.

130
00:07:48,450 --> 00:07:51,210
Are there any other thoughts
or questions about this

131
00:07:51,210 --> 00:07:52,233
before we move on?

132
00:07:53,940 --> 00:07:56,813
You can either raise your hand
or put something in the chat.

133
00:07:58,331 --> 00:07:59,603
[Participant] I don't have
any of those features.

134
00:08:03,830 --> 00:08:05,700
So it's not an either or.

135
00:08:05,700 --> 00:08:08,100
Both conditions are met

136
00:08:08,100 --> 00:08:12,573
in order to be considered a seclusion.

137
00:08:13,410 --> 00:08:15,480
In fact, it's best practice

138
00:08:15,480 --> 00:08:19,410
in many cases to have an adult

139
00:08:19,410 --> 00:08:22,470
in a private space

140
00:08:22,470 --> 00:08:24,520
in which they can co-regulate

141
00:08:25,590 --> 00:08:29,833
and then process once the
student is deescalated.

142
00:08:40,624 --> 00:08:42,840
All right, moving on.

143
00:08:42,840 --> 00:08:45,900
The next scenario, given
the same situation,

144
00:08:45,900 --> 00:08:48,450
but instead of going with
her BI to the quiet room,

145
00:08:48,450 --> 00:08:51,000
Zuri chose to go there
herself and to cool down

146
00:08:51,000 --> 00:08:53,310
before processing with the BI.

147
00:08:53,310 --> 00:08:54,600
She was allowed to do so.

148
00:08:54,600 --> 00:08:55,740
She closed the door,

149
00:08:55,740 --> 00:08:57,030
she was told to open the door

150
00:08:57,030 --> 00:08:59,370
whenever she felt ready to talk.

151
00:08:59,370 --> 00:09:00,693
Is this seclusion?

152
00:09:01,530 --> 00:09:04,860
So put your answers in chat,

153
00:09:04,860 --> 00:09:09,153
but wait for the cue to submit them.

154
00:09:27,960 --> 00:09:29,223
All right, go ahead.

155
00:10:08,033 --> 00:10:10,590
Okay, it looks again
as though the majority,

156
00:10:10,590 --> 00:10:13,383
if not everybody said that,
no, this was not seclusion.

157
00:10:15,112 --> 00:10:16,950
Can we go to the next slide?

158
00:10:16,950 --> 00:10:19,350
No, this is not seclusion either.

159
00:10:19,350 --> 00:10:21,060
As many of you noted,

160
00:10:21,060 --> 00:10:23,070
Zuri entered the room on her own accord

161
00:10:23,070 --> 00:10:27,810
and she was able to exit
when she felt ready to exit.

162
00:10:27,810 --> 00:10:29,280
So she did not,

163
00:10:29,280 --> 00:10:30,570
there was no reason for her to believe

164
00:10:30,570 --> 00:10:32,340
that she could not leave

165
00:10:32,340 --> 00:10:35,370
and it was her decision to
go there in the first place.

166
00:10:35,370 --> 00:10:38,283
Any other thoughts or
questions about this scenario?

167
00:10:51,240 --> 00:10:54,205
All right, next situation, (laughs)

168
00:10:54,205 --> 00:10:56,730
and we're still with Zuri and her BI.

169
00:10:56,730 --> 00:10:59,700
This time Zuri became highly
aggressive toward her BI

170
00:10:59,700 --> 00:11:01,890
once they entered the quiet room together

171
00:11:01,890 --> 00:11:05,190
and didn't respond to
deescalation strategies.

172
00:11:05,190 --> 00:11:06,480
Given the level of aggression

173
00:11:06,480 --> 00:11:09,060
and the failure of other
less restrictive techniques,

174
00:11:09,060 --> 00:11:11,790
the BI exited the room and
gave Zuri the directive

175
00:11:11,790 --> 00:11:13,050
that she was to remain there

176
00:11:13,050 --> 00:11:15,360
until she was told she could leave.

177
00:11:15,360 --> 00:11:17,190
Is this seclusion?

178
00:11:17,190 --> 00:11:21,423
Again, wait for the cue before
submitting your answers.

179
00:11:22,650 --> 00:11:24,640
We'll give you about 15 seconds.

180
00:11:39,845 --> 00:11:42,012
Okay. Submit your answers.

181
00:11:59,980 --> 00:12:01,830
Okay, as the majority of you,

182
00:12:01,830 --> 00:12:03,060
if not all of you answered,

183
00:12:03,060 --> 00:12:05,760
yes, this does represent a seclusion.

184
00:12:05,760 --> 00:12:08,190
She was confined alone in the quiet room

185
00:12:08,190 --> 00:12:10,440
and had to remain until
given permission to leave.

186
00:12:10,440 --> 00:12:13,083
So this very clearly was
an incident of seclusion.

187
00:12:15,341 --> 00:12:16,860
And Evan had a question.

188
00:12:16,860 --> 00:12:18,870
Yep. I see another question here as well.

189
00:12:18,870 --> 00:12:21,960
So why don't we take those questions.

190
00:12:21,960 --> 00:12:25,170
So, Evan was saying

191
00:12:25,170 --> 00:12:28,950
that it sounds like the criterion

192
00:12:28,950 --> 00:12:33,000
of confinement alone supersedes
the student's feeling

193
00:12:33,000 --> 00:12:34,920
of not being able to leave.

194
00:12:34,920 --> 00:12:39,920
If an adult is in the room
with a student and can't leave,

195
00:12:40,380 --> 00:12:43,980
that is not a seclusion
because they're not alone.

196
00:12:43,980 --> 00:12:46,530
Both conditions have to be met

197
00:12:46,530 --> 00:12:49,981
in order to be considered a seclusion.

198
00:12:49,981 --> 00:12:50,814
Mm-hm.

199
00:12:54,660 --> 00:12:56,340
Was there another question?

200
00:12:56,340 --> 00:12:58,123
There was another question

201
00:12:58,123 --> 00:12:59,130
but I don't have the chat in front of me,

202
00:12:59,130 --> 00:13:00,690
but it flashes by me.

203
00:13:00,690 --> 00:13:03,690
I saw there was a question
somewhere in the chat about this.

204
00:13:06,120 --> 00:13:08,883
I think that was the, oh, no.

205
00:13:11,490 --> 00:13:13,740
I think that was another
participant sharing

206
00:13:13,740 --> 00:13:15,840
this similar question that Evan had.

207
00:13:15,840 --> 00:13:18,060
So that's an excellent question.

208
00:13:18,060 --> 00:13:19,890
Thanks for answering that Tracy as well.

209
00:13:19,890 --> 00:13:21,690
That's really helpful to understand.

210
00:13:22,560 --> 00:13:23,393
Yeah.

211
00:13:29,519 --> 00:13:31,325
-Okay.
-One more time with Zuri.

212
00:13:31,325 --> 00:13:34,133
One more time With Zuri, poor
Zuri is having a rough day.

213
00:13:36,030 --> 00:13:37,530
In this case, again,

214
00:13:37,530 --> 00:13:39,690
became highly aggressive toward her BI

215
00:13:39,690 --> 00:13:41,250
once they entered the quiet room together

216
00:13:41,250 --> 00:13:44,223
and was not responding to
deescalation strategies.

217
00:13:45,210 --> 00:13:46,770
Given that level of aggression,

218
00:13:46,770 --> 00:13:49,410
the failure of other less
restrictive interventions,

219
00:13:49,410 --> 00:13:52,740
the BI exited the room,
but left the door open.

220
00:13:52,740 --> 00:13:54,630
Zuri was directed to remain in the room

221
00:13:54,630 --> 00:13:56,700
until she was told she could leave.

222
00:13:56,700 --> 00:13:58,603
Is this seclusion?

223
00:13:58,603 --> 00:14:01,590
And again, take time to put this in chat,

224
00:14:01,590 --> 00:14:05,823
but don't hit the response
until you get the cue.

225
00:14:21,690 --> 00:14:23,613
Okay. Now you can respond.

226
00:14:42,610 --> 00:14:44,883
Okay, we're getting some
mixed responses to this,

227
00:14:44,883 --> 00:14:49,110
this scenario 'cause this is
a little bit more complex.

228
00:14:49,110 --> 00:14:50,720
We've moved to this slide and...

229
00:14:51,810 --> 00:14:53,973
Yeah, this is a seclusion.

230
00:14:55,380 --> 00:14:57,900
Again, Zuri was confined
alone in the quiet room,

231
00:14:57,900 --> 00:15:00,930
and she had to remain there
until given permission.

232
00:15:00,930 --> 00:15:03,330
Some people who said that
this was not a seclusion

233
00:15:03,330 --> 00:15:05,110
were noting that the door was open

234
00:15:06,464 --> 00:15:10,423
and that Zuri was visible to the BI.

235
00:15:11,490 --> 00:15:13,500
A couple of points there,

236
00:15:13,500 --> 00:15:16,260
going back to the condition
that she reasonably believed

237
00:15:16,260 --> 00:15:19,620
that she could not leave the
room until she had permission.

238
00:15:19,620 --> 00:15:21,663
That's a critical element of seclusion.

239
00:15:22,500 --> 00:15:24,120
Something to keep in mind as well,

240
00:15:24,120 --> 00:15:26,010
that in any seclusion,

241
00:15:26,010 --> 00:15:28,890
the student has to be
monitored continually.

242
00:15:28,890 --> 00:15:33,720
So the simply the fact that
the BI had eyes on Zuri

243
00:15:33,720 --> 00:15:36,090
would be a condition we
would expect regardless

244
00:15:36,090 --> 00:15:38,100
of whether it was seclusion or not,

245
00:15:38,100 --> 00:15:39,750
but especially if it were seclusion.

246
00:15:39,750 --> 00:15:43,350
So being able to see the
student or having the door open

247
00:15:43,350 --> 00:15:45,960
does not remove this

248
00:15:45,960 --> 00:15:48,303
as a situation of seclusion.

249
00:15:50,367 --> 00:15:52,533
And just a point of clarification,

250
00:15:53,460 --> 00:15:54,840
even with the door shut,

251
00:15:54,840 --> 00:15:57,330
the door should have a window

252
00:15:57,330 --> 00:16:00,210
because one of the requirements
is that you do need

253
00:16:00,210 --> 00:16:03,000
to have eyes on at all times.

254
00:16:03,000 --> 00:16:06,030
But being in seclusion,

255
00:16:06,030 --> 00:16:10,560
you don't even have to have
a door to be in seclusion.

256
00:16:10,560 --> 00:16:15,090
In some cases there may
not be a seclusion room,

257
00:16:15,090 --> 00:16:19,000
or you may be somewhere
out in the community

258
00:16:20,310 --> 00:16:24,683
and you just are confining
the student to a space,

259
00:16:25,740 --> 00:16:29,403
an alcove in the hallway, for an example.

260
00:16:30,780 --> 00:16:33,240
So doors are not required

261
00:16:33,240 --> 00:16:36,540
for something to be
considered a seclusion.

262
00:16:36,540 --> 00:16:37,920
Yeah.

263
00:16:37,920 --> 00:16:40,890
And also the, again,
emphasizing that element

264
00:16:40,890 --> 00:16:43,743
that the student reasonably
believes they cannot leave.

265
00:16:44,610 --> 00:16:47,160
We've had scenarios brought
to our attention where,

266
00:16:49,106 --> 00:16:50,970
say in a planning room situation,

267
00:16:50,970 --> 00:16:53,250
a single student is in a planning room,

268
00:16:53,250 --> 00:16:56,280
there is a smaller space,

269
00:16:56,280 --> 00:16:58,230
enclosed space off the planning room.

270
00:16:58,230 --> 00:17:02,610
A second student comes in
to access the planning room,

271
00:17:02,610 --> 00:17:05,280
and the first student is
directed into the smaller space

272
00:17:05,280 --> 00:17:07,110
and told they need to remain in there

273
00:17:07,110 --> 00:17:12,110
while the staff deals
with the incoming student.

274
00:17:12,510 --> 00:17:14,343
That is a seclusion as well.

275
00:17:15,870 --> 00:17:17,700
So you really have to be careful

276
00:17:17,700 --> 00:17:19,470
about how you use these spaces

277
00:17:19,470 --> 00:17:22,290
and what sort of
instructions students have.

278
00:17:22,290 --> 00:17:25,290
If you are giving them instruction

279
00:17:25,290 --> 00:17:26,673
that they are not to leave,

280
00:17:27,840 --> 00:17:31,320
then in most cases you probably
are imposing a seclusion

281
00:17:31,320 --> 00:17:32,770
whether you intend to or not.

282
00:17:36,840 --> 00:17:38,880
Before we move on to physical escort,

283
00:17:38,880 --> 00:17:41,760
are there any further thoughts
or concerns about seclusion

284
00:17:41,760 --> 00:17:43,860
that people would like to raise right now?

285
00:17:46,620 --> 00:17:48,513
There are some questions here,

286
00:17:50,370 --> 00:17:52,890
and it gets into splitting hairs.

287
00:17:52,890 --> 00:17:56,970
I'll be the first to acknowledge that.

288
00:17:56,970 --> 00:18:00,480
So one person has asked,

289
00:18:00,480 --> 00:18:02,880
what if you're sitting in the doorway,

290
00:18:02,880 --> 00:18:04,800
the student is not trying to leave,

291
00:18:04,800 --> 00:18:07,533
but you are asking the
student not to leave.

292
00:18:10,050 --> 00:18:14,470
So I would say that that is a matter of

293
00:18:16,380 --> 00:18:20,100
are you considering yourself
and does the student perceive

294
00:18:20,100 --> 00:18:22,800
that you are in the room with them,

295
00:18:22,800 --> 00:18:26,313
able to co-regulate or process?

296
00:18:27,490 --> 00:18:32,490
And if that's the case, then,
then no, it's not a seclusion.

297
00:18:32,820 --> 00:18:35,550
However, if you are standing,

298
00:18:35,550 --> 00:18:38,040
I think the other question is

299
00:18:38,040 --> 00:18:41,103
if I'm standing right outside of the door,

300
00:18:43,320 --> 00:18:47,400
standing on the other
side of the threshold

301
00:18:47,400 --> 00:18:48,600
with the door open,

302
00:18:48,600 --> 00:18:52,020
but not physically over that threshold

303
00:18:52,020 --> 00:18:54,693
or even standing in the doorway itself,

304
00:18:55,650 --> 00:18:57,693
just giving more proximity.

305
00:18:58,710 --> 00:19:01,263
So again, I think,

306
00:19:02,940 --> 00:19:07,940
what you should be using as the criteria

307
00:19:08,760 --> 00:19:13,690
is does the student believe
that you are there with them

308
00:19:14,940 --> 00:19:19,940
to process, to co-regulate,
to answer questions?

309
00:19:22,350 --> 00:19:25,620
I would, yeah,

310
00:19:25,620 --> 00:19:28,680
sometimes kids need just a
little bit more proximity

311
00:19:28,680 --> 00:19:32,070
because those seclusion rooms can be small

312
00:19:32,070 --> 00:19:37,070
and they may feel, you know,
with two bodies in there,

313
00:19:37,080 --> 00:19:40,260
they may feel crowded.

314
00:19:40,260 --> 00:19:42,840
So if that's the case,

315
00:19:42,840 --> 00:19:44,340
and if you're making it clear

316
00:19:44,340 --> 00:19:47,370
that you're there to process with them,

317
00:19:47,370 --> 00:19:50,040
that you're gonna try some
deep breathing with them,

318
00:19:50,040 --> 00:19:54,213
for example, that wouldn't
be considered a seclusion.

319
00:19:55,170 --> 00:19:58,170
However, if you are, you know,

320
00:19:58,170 --> 00:20:01,950
standing there in the
threshold, with your body,

321
00:20:01,950 --> 00:20:05,130
not interacting, not co-regulating

322
00:20:05,130 --> 00:20:07,530
and making it clear
that your body is there

323
00:20:07,530 --> 00:20:09,693
to prevent them from leaving,

324
00:20:11,100 --> 00:20:15,993
then I would say that
that would be a seclusion.

325
00:20:17,550 --> 00:20:19,560
So it can be tricky.

326
00:20:19,560 --> 00:20:22,203
A lot of times it's professional judgment.

327
00:20:25,620 --> 00:20:27,164
Yeah.

328
00:20:27,164 --> 00:20:29,039
Yeah, yeah.

329
00:20:29,039 --> 00:20:31,620
It's not always as cut and dried

330
00:20:31,620 --> 00:20:34,773
as we might like it to be given the rule.

331
00:20:36,270 --> 00:20:39,570
A lot of it does come down
to your intent and purpose.

332
00:20:39,570 --> 00:20:41,730
So if you're there as essentially

333
00:20:41,730 --> 00:20:44,070
as a way of blocking the student

334
00:20:44,070 --> 00:20:45,990
and keeping them in a space,

335
00:20:45,990 --> 00:20:47,940
then that is most likely seclusion.

336
00:20:47,940 --> 00:20:51,243
If you are there to
co-regulate, to help deescalate,

337
00:20:52,290 --> 00:20:53,250
then perhaps not,

338
00:20:53,250 --> 00:20:56,223
especially if you're in close
proximity to the student.

339
00:20:58,530 --> 00:21:00,280
I see there's some other questions.

340
00:21:15,728 --> 00:21:18,300
It looks like there's a couple additional.

341
00:21:18,300 --> 00:21:20,580
If a deescalated student has become calm

342
00:21:20,580 --> 00:21:24,210
and asked to be alone in the
room to help them calm down,

343
00:21:24,210 --> 00:21:26,703
can the adult just step
outside of the room.

344
00:21:30,300 --> 00:21:33,180
If the student believes
that they can leave? Sure.

345
00:21:33,180 --> 00:21:34,740
-Yep.
-Yeah.

346
00:21:34,740 --> 00:21:36,378
-Yep.
-In fact,

347
00:21:36,378 --> 00:21:38,940
that's a great coping mechanism

348
00:21:38,940 --> 00:21:41,553
that the student is using right then.

349
00:21:42,610 --> 00:21:43,443
-Mm-hm.
-And I imagine.

350
00:21:43,443 --> 00:21:45,150
Yeah, as long as the student has control.

351
00:21:45,150 --> 00:21:46,980
Yeah, so similar to the next question,

352
00:21:46,980 --> 00:21:49,560
what if the student is
asked to stay in a room

353
00:21:49,560 --> 00:21:51,813
to protect them from another student?

354
00:21:53,040 --> 00:21:56,340
So I guess if an adult is asking
a student to stay in a room

355
00:21:56,340 --> 00:21:58,263
to protect them from another student.

356
00:22:00,540 --> 00:22:03,810
That's a good question
that we haven't had.

357
00:22:03,810 --> 00:22:06,360
Yeah, I think it,

358
00:22:06,360 --> 00:22:07,800
that does touch on something

359
00:22:07,800 --> 00:22:10,080
that I've had some
personal experience with,

360
00:22:10,080 --> 00:22:12,843
actually, that happened to
a nephew of mine, sadly.

361
00:22:14,970 --> 00:22:19,050
And I can just tell you, I
can share what his feeling was

362
00:22:19,050 --> 00:22:21,630
at that time was that he
felt he was being secluded

363
00:22:21,630 --> 00:22:24,630
in an office and he was
told he could not leave

364
00:22:24,630 --> 00:22:26,940
and it was unsafe for him to leave.

365
00:22:26,940 --> 00:22:28,560
I think, you know,

366
00:22:28,560 --> 00:22:31,050
hopefully this is an unusual circumstance,

367
00:22:31,050 --> 00:22:36,050
but if it were to happen,
I think to take a moment

368
00:22:36,900 --> 00:22:39,809
to just process with the student and say,

369
00:22:39,809 --> 00:22:41,790
if this feels unsafe for you,

370
00:22:41,790 --> 00:22:43,320
there are other places you can be,

371
00:22:43,320 --> 00:22:45,153
you don't have to remain here.

372
00:22:46,417 --> 00:22:47,700
Give them some other options

373
00:22:47,700 --> 00:22:50,130
because otherwise, I
think, that potentially

374
00:22:50,130 --> 00:22:52,440
would be considered seclusion

375
00:22:52,440 --> 00:22:56,670
and a violation as well because
the student is not there

376
00:22:56,670 --> 00:22:59,910
because they are posing
a risk of imminent harm.

377
00:22:59,910 --> 00:23:00,743
Yeah.

378
00:23:05,310 --> 00:23:09,450
Melissa asks a really good
question and she asks,

379
00:23:09,450 --> 00:23:13,570
at what age do these concepts
of self-control come in

380
00:23:14,452 --> 00:23:17,100
as this rule applies to
three-year-old children?

381
00:23:17,100 --> 00:23:18,783
That's absolutely correct.

382
00:23:19,740 --> 00:23:21,280
And so it is

383
00:23:24,660 --> 00:23:29,250
critical that you make it
really blatant to the student

384
00:23:29,250 --> 00:23:31,683
whether or not they're allowed to leave.

385
00:23:32,760 --> 00:23:35,253
And unless,

386
00:23:36,450 --> 00:23:38,010
how do I say this?

387
00:23:38,010 --> 00:23:38,843
There are

388
00:23:41,910 --> 00:23:44,280
early education centers

389
00:23:44,280 --> 00:23:47,790
that are governed solely by DCF

390
00:23:47,790 --> 00:23:52,570
and not public

391
00:23:53,880 --> 00:23:56,130
early ed centers.

392
00:23:56,130 --> 00:23:57,453
In those centers,

393
00:23:58,470 --> 00:24:00,360
I believe DCF regulations say

394
00:24:00,360 --> 00:24:03,753
that students are not
allowed to be secluded.

395
00:24:06,330 --> 00:24:08,610
I'm not the early ed expert here,

396
00:24:08,610 --> 00:24:10,773
but I believe that that is the case.

397
00:24:12,630 --> 00:24:16,080
Yeah, and I will also say
I'm not the early ed expert,

398
00:24:16,080 --> 00:24:18,360
but I'm aware that there
is a whole other layer

399
00:24:18,360 --> 00:24:22,710
of regulation involving
Agency of Human Services

400
00:24:22,710 --> 00:24:26,700
as well as Agency of Ed
that that's at play here.

401
00:24:26,700 --> 00:24:28,330
And I'd recommend that you talk

402
00:24:29,237 --> 00:24:33,697
with in early ed with that
expertise, questions about that.

403
00:24:35,041 --> 00:24:38,041
(people chattering)

404
00:24:44,010 --> 00:24:46,290
All right, we should probably go on

405
00:24:46,290 --> 00:24:48,273
to the next definition.

406
00:24:49,590 --> 00:24:50,423
Okay.

407
00:24:51,851 --> 00:24:54,060
And I don't, I'll confess, Tracy,

408
00:24:54,060 --> 00:24:56,280
I don't have the slide
numbers in front of me here

409
00:24:56,280 --> 00:24:58,330
as I'm not sure where we had divided our.

410
00:24:59,722 --> 00:25:02,710
Oh, it's still you, unless
you'd like me to take care of.

411
00:25:02,710 --> 00:25:04,343
-Okay, that's fine.
-Okay.

412
00:25:06,090 --> 00:25:08,883
All right. So the next
area is physical escort.

413
00:25:10,230 --> 00:25:12,045
And this is another area

414
00:25:12,045 --> 00:25:13,830
where we get frequent
questions about this.

415
00:25:13,830 --> 00:25:17,823
And, again, there may be some
element of subjectivity here.

416
00:25:18,750 --> 00:25:23,410
A physical escort involves
momentary touching or holding

417
00:25:24,420 --> 00:25:26,280
without use of force,

418
00:25:26,280 --> 00:25:29,343
a student exhibits no
or minimal resistance.

419
00:25:30,414 --> 00:25:33,180
And it's strictly for the
purpose of directing movement.

420
00:25:33,180 --> 00:25:34,860
It's not considered a restraint

421
00:25:34,860 --> 00:25:37,020
if those conditions are met.

422
00:25:37,020 --> 00:25:42,020
So essentially the student
still has the greatest degree

423
00:25:42,360 --> 00:25:45,000
of control over their own movement.

424
00:25:45,000 --> 00:25:48,450
And this escort may be
more for the purpose

425
00:25:48,450 --> 00:25:50,460
of providing direction to the student

426
00:25:50,460 --> 00:25:54,660
of which way to move or, you know,

427
00:25:54,660 --> 00:25:57,723
kind of queuing rather
than forcing the student.

428
00:26:04,890 --> 00:26:06,850
This is opposed to a moving restraint

429
00:26:08,190 --> 00:26:10,743
where there is definite
use of physical force.

430
00:26:12,626 --> 00:26:16,560
It's more than a minimal touch or a cue.

431
00:26:16,560 --> 00:26:19,170
It involves restriction
of the students moving.

432
00:26:19,170 --> 00:26:22,440
And in my mind, one of
the most important pieces

433
00:26:22,440 --> 00:26:24,270
is that the student is actively resisting,

434
00:26:24,270 --> 00:26:26,070
that the student does not,

435
00:26:26,070 --> 00:26:29,970
is not choosing to move in the way

436
00:26:29,970 --> 00:26:33,150
or in the direction that
staff are indicating.

437
00:26:33,150 --> 00:26:34,770
And that this would be a restraint

438
00:26:34,770 --> 00:26:36,693
that's governed by Rule 4500.

439
00:26:37,560 --> 00:26:40,830
And if this is being used,

440
00:26:40,830 --> 00:26:43,080
then it has to be used
according to the protocols

441
00:26:43,080 --> 00:26:45,150
of the restraint training program

442
00:26:45,150 --> 00:26:47,313
that your school or district has adopted.

443
00:26:49,680 --> 00:26:54,060
And here we have a side by
side that illustrates some

444
00:26:54,060 --> 00:26:57,003
of the differences between
escort and moving restraint.

445
00:26:57,840 --> 00:27:00,070
And I, you know, I will acknowledge that

446
00:27:03,180 --> 00:27:05,763
there's room for some
gray area between the two.

447
00:27:06,660 --> 00:27:09,070
There's a certain amount of question

448
00:27:12,061 --> 00:27:14,670
of intent or understanding
on the part of the student.

449
00:27:14,670 --> 00:27:18,690
You know, when we talk about momentary

450
00:27:18,690 --> 00:27:20,790
or temporary physical contact,

451
00:27:20,790 --> 00:27:24,328
we don't, I've had people
ask me how many seconds?

452
00:27:24,328 --> 00:27:27,783
And we don't have rules that
specify that sort of thing.

453
00:27:30,060 --> 00:27:32,910
To some extent you may need

454
00:27:32,910 --> 00:27:35,730
to apply some interpretation here in terms

455
00:27:35,730 --> 00:27:37,890
of what you're doing with this student.

456
00:27:37,890 --> 00:27:39,690
I think in most cases,

457
00:27:39,690 --> 00:27:43,410
generally the vast majority
of cases, it's pretty clear.

458
00:27:43,410 --> 00:27:45,570
But there certainly are
going to be circumstances

459
00:27:45,570 --> 00:27:47,610
where maybe it's not crystal clear

460
00:27:47,610 --> 00:27:50,610
as to whether this is an
escort or a moving restraint.

461
00:27:50,610 --> 00:27:52,710
And it also is quite possible

462
00:27:52,710 --> 00:27:55,593
that an escort could
become a moving restraint.

463
00:27:58,380 --> 00:28:00,660
And I wanted to add

464
00:28:00,660 --> 00:28:03,630
that there are some
semantics involved here.

465
00:28:03,630 --> 00:28:07,260
There are some restraint training programs

466
00:28:07,260 --> 00:28:09,430
that use the term escort

467
00:28:13,050 --> 00:28:15,900
and what it means is
it's a moving restraint.

468
00:28:15,900 --> 00:28:18,840
So for example, if you
are using a technique

469
00:28:18,840 --> 00:28:23,190
where two staff members lock

470
00:28:23,190 --> 00:28:25,560
each of the students' arms

471
00:28:25,560 --> 00:28:27,270
and they walk with them,

472
00:28:27,270 --> 00:28:30,204
that would be considered
a moving restraint,

473
00:28:30,204 --> 00:28:34,203
even though your program
calls that an escort.

474
00:28:36,060 --> 00:28:39,000
And the other thing I wanted to mention

475
00:28:39,000 --> 00:28:42,930
is that some training programs
do not allow moving escorts.

476
00:28:42,930 --> 00:28:44,130
They are dangerous,

477
00:28:44,130 --> 00:28:49,130
it is dangerous to be moving
an actively resisting student.

478
00:28:49,320 --> 00:28:53,250
So I would suggest that
if you need to do that,

479
00:28:53,250 --> 00:28:55,650
you do it really momentarily,

480
00:28:55,650 --> 00:28:59,820
just enough time to get the
student to a safer place

481
00:28:59,820 --> 00:29:04,323
or to a more private space
to preserve their dignity.

482
00:29:05,817 --> 00:29:10,817
And then you make it a
stationary restraint.

483
00:29:11,818 --> 00:29:14,735
(audio stuttering)

484
00:29:15,757 --> 00:29:17,050
Oh, that's weird.

485
00:29:17,050 --> 00:29:19,470
Yeah, I think somebody may
have unmuted for a moment.

486
00:29:19,470 --> 00:29:22,470
Yeah, I'm just gonna
reiterate what Tracy said

487
00:29:22,470 --> 00:29:24,240
because I think this is important,

488
00:29:24,240 --> 00:29:25,900
that moving restraints are

489
00:29:27,840 --> 00:29:30,295
one of the more risky or dangerous,

490
00:29:30,295 --> 00:29:33,090
potentially dangerous activities
that could take place.

491
00:29:33,090 --> 00:29:34,620
And if there are alternatives

492
00:29:34,620 --> 00:29:36,780
to implementing a moving restraint,

493
00:29:36,780 --> 00:29:38,910
you certainly should consider those.

494
00:29:38,910 --> 00:29:41,880
Also, knowing just Vermont schools

495
00:29:41,880 --> 00:29:44,280
and the age of many of our buildings,

496
00:29:44,280 --> 00:29:48,120
a moving restraint may
involve encountering stairways

497
00:29:48,120 --> 00:29:50,760
and moving restraint with stairways

498
00:29:50,760 --> 00:29:53,880
is an especially dangerous maneuver.

499
00:29:53,880 --> 00:29:56,253
Very dangerous, yes.

500
00:29:58,260 --> 00:30:00,400
And there's a question

501
00:30:01,357 --> 00:30:05,091
about what if the student
lifts their legs up

502
00:30:05,091 --> 00:30:08,553
while you're escorting them.

503
00:30:10,230 --> 00:30:14,440
This person has been
advised to release them

504
00:30:15,390 --> 00:30:19,173
or to put a hold on the
student, and that is correct.

505
00:30:20,400 --> 00:30:25,230
There are no approved
restraint training programs

506
00:30:25,230 --> 00:30:28,230
that allow a child to be carried.

507
00:30:28,230 --> 00:30:32,880
So you have to be using
a hold or an escort

508
00:30:32,880 --> 00:30:35,013
that you have been trained to use.

509
00:30:38,160 --> 00:30:42,300
Oh, someone, I'm sorry.

510
00:30:42,300 --> 00:30:45,960
When it says just an initial
and then a last name,

511
00:30:45,960 --> 00:30:47,463
I don't know what to call you.

512
00:30:48,917 --> 00:30:53,917
So Ms. Foster or Mister, Megan
says that Handle with Care

513
00:30:54,060 --> 00:30:57,213
does allow you to lift the student.

514
00:30:58,050 --> 00:30:59,970
I was not aware of that.

515
00:30:59,970 --> 00:31:03,423
So that's something for me to check in on.

516
00:31:04,260 --> 00:31:06,540
Thanks for raising that, Megan.

517
00:31:06,540 --> 00:31:09,632
Yeah, there may be some elements

518
00:31:09,632 --> 00:31:11,940
of Handle with Care that are not part

519
00:31:11,940 --> 00:31:13,170
of the Vermont approval.

520
00:31:13,170 --> 00:31:16,380
I'm not speaking out of
great knowledge right now,

521
00:31:16,380 --> 00:31:19,241
but I think there have been some questions

522
00:31:19,241 --> 00:31:21,990
about the entire Handle with Care process

523
00:31:21,990 --> 00:31:24,090
as opposed to elements of Handle with Care

524
00:31:24,090 --> 00:31:26,190
that are approved for Vermont.

525
00:31:26,190 --> 00:31:27,990
I could be mistaken about that,

526
00:31:27,990 --> 00:31:29,943
but I believe that has been an issue.

527
00:31:31,680 --> 00:31:33,257
So that's something

528
00:31:33,257 --> 00:31:34,110
that we're gonna have
to do some research on

529
00:31:34,110 --> 00:31:36,870
and we will get back to you, Megan,

530
00:31:36,870 --> 00:31:41,340
and anyone else that
wants guidance on that.

531
00:31:41,340 --> 00:31:42,640
-Yeah.
-We can do that.

532
00:31:44,790 --> 00:31:46,653
Meanwhile, we have another poll.

533
00:31:47,550 --> 00:31:49,980
So the question is whether the
following incident involves

534
00:31:49,980 --> 00:31:52,560
an escort or a moving restraint

535
00:31:52,560 --> 00:31:57,560
and an opportunity to state
why or why you think not.

536
00:31:57,810 --> 00:32:00,780
So Ben was asked to step into the hallway

537
00:32:00,780 --> 00:32:03,000
to discuss a matter with
the classroom assistant.

538
00:32:03,000 --> 00:32:05,490
He refused and crawled under his desk.

539
00:32:05,490 --> 00:32:07,320
The assistant was able to coax Ben out

540
00:32:07,320 --> 00:32:08,280
from beneath the desk,

541
00:32:08,280 --> 00:32:10,440
but Ben refused to leave the classroom,

542
00:32:10,440 --> 00:32:13,590
told the assistant he was
going to stay where he was.

543
00:32:13,590 --> 00:32:15,930
The assistant placed an
arm across Ben's shoulders

544
00:32:15,930 --> 00:32:17,430
and engaged him in conversation

545
00:32:17,430 --> 00:32:19,230
while slowly moving toward the door.

546
00:32:19,230 --> 00:32:24,230
Ben grumbled, but, the check
gets in the way, complained,

547
00:32:24,360 --> 00:32:26,940
but slowly moved along with the assistant.

548
00:32:26,940 --> 00:32:29,490
So again, don't submit your answer

549
00:32:29,490 --> 00:32:30,810
until you're given the cue,

550
00:32:30,810 --> 00:32:33,690
but the question is
whether this was an escort

551
00:32:33,690 --> 00:32:34,863
or moving restraint.

552
00:32:51,070 --> 00:32:52,863
Okay, you can enter your answers.

553
00:33:04,770 --> 00:33:07,863
Looks like we have 100%
agreement on this one.

554
00:33:13,020 --> 00:33:14,376
Yeah.

555
00:33:14,376 --> 00:33:17,580
And as everyone or virtually
everybody has responded,

556
00:33:17,580 --> 00:33:20,130
yeah, this was an escort,
not a moving restraint.

557
00:33:20,130 --> 00:33:23,970
There was minimal force, the
student resisted verbally,

558
00:33:23,970 --> 00:33:25,770
but not physically.

559
00:33:25,770 --> 00:33:28,500
And so as such, it was not something

560
00:33:28,500 --> 00:33:30,723
that needs to be re
reported as a restraint.

561
00:33:39,300 --> 00:33:40,500
Okay.

562
00:33:40,500 --> 00:33:42,480
We have some more definitions here

563
00:33:42,480 --> 00:33:44,780
about some of the types
of physical restraint.

564
00:33:47,130 --> 00:33:48,510
So first of all, in general,

565
00:33:48,510 --> 00:33:51,510
physical restraint is
the use of physical force

566
00:33:51,510 --> 00:33:53,970
to prevent an imminent
and substantial risk

567
00:33:53,970 --> 00:33:56,733
of bodily harm to the student or others.

568
00:34:00,810 --> 00:34:02,950
So this obviously does not define

569
00:34:03,900 --> 00:34:05,970
how you implement a physical restraint.

570
00:34:05,970 --> 00:34:08,220
This talks about the purpose
for physical restraint.

571
00:34:08,220 --> 00:34:09,960
And it's important, I'll read that again,

572
00:34:09,960 --> 00:34:12,750
that it's to prevent an
imminent and substantial risk

573
00:34:12,750 --> 00:34:15,273
of bodily harm to the student or others.

574
00:34:18,270 --> 00:34:20,850
There are two types of physical restraint

575
00:34:20,850 --> 00:34:25,850
that we are hoping to,

576
00:34:26,610 --> 00:34:28,473
that would rarely be implemented.

577
00:34:30,480 --> 00:34:32,250
Those are the prone restraint
and the supine restraint.

578
00:34:32,250 --> 00:34:36,150
Prone is where student is
face down on their stomach.

579
00:34:36,150 --> 00:34:38,883
Supine is where the student
is held on their back.

580
00:34:44,580 --> 00:34:47,970
These are prohibited except
when the student's size

581
00:34:47,970 --> 00:34:50,220
or the severity of the behavior require it

582
00:34:50,220 --> 00:34:52,350
because the less restrictive
restraint has failed

583
00:34:52,350 --> 00:34:53,733
or would be ineffective.

584
00:34:57,150 --> 00:34:59,790
The reason for that is not
only are they more restrictive,

585
00:34:59,790 --> 00:35:00,900
they're more dangerous.

586
00:35:00,900 --> 00:35:03,300
These are restraints where
there's some risk of interfering

587
00:35:03,300 --> 00:35:05,373
with the students' breathing,

588
00:35:06,540 --> 00:35:09,243
where other types of injury
become more possible.

589
00:35:11,220 --> 00:35:15,480
There are a number of states in the US

590
00:35:15,480 --> 00:35:18,870
that have outright
restricted these altogether,

591
00:35:18,870 --> 00:35:20,193
that do not permit these.

592
00:35:21,030 --> 00:35:23,063
Vermont does permit them.

593
00:35:23,063 --> 00:35:26,640
But the rule is very clear
that these are only to be used

594
00:35:26,640 --> 00:35:29,250
in what we would hopefully feel

595
00:35:29,250 --> 00:35:31,170
are extraordinary circumstances

596
00:35:31,170 --> 00:35:32,820
where there are no other options.

597
00:35:35,970 --> 00:35:37,770
So another poll.

598
00:35:37,770 --> 00:35:40,430
Question of whether this
incident represents restraint

599
00:35:40,430 --> 00:35:41,823
or why or why not.

600
00:35:43,890 --> 00:35:46,260
So we're back to Ben.

601
00:35:46,260 --> 00:35:48,540
This time, Ben pulled the assistant's hair

602
00:35:48,540 --> 00:35:51,393
and used his knee to
strike the assistant's jaw.

603
00:35:52,230 --> 00:35:53,280
As the assistant was able

604
00:35:53,280 --> 00:35:56,070
to unclench Ben's fist from his hair,

605
00:35:56,070 --> 00:35:59,730
and with her hands beneath the forearms,

606
00:35:59,730 --> 00:36:01,830
she guided into a standing position.

607
00:36:01,830 --> 00:36:03,692
She spoke quietly

608
00:36:03,692 --> 00:36:06,930
and used verbal deescalation
techniques to calm Ben.

609
00:36:06,930 --> 00:36:09,240
Ben continued to reach
toward the assistant's hair,

610
00:36:09,240 --> 00:36:10,470
kicked at her shins.

611
00:36:10,470 --> 00:36:13,200
And at this point the assistant
used an approved maneuver

612
00:36:13,200 --> 00:36:15,720
that involved wrapping
Ben's upper arm with hers

613
00:36:15,720 --> 00:36:18,180
and attempted to guide
him toward the door.

614
00:36:18,180 --> 00:36:20,010
Ben attempted to dig his heels in,

615
00:36:20,010 --> 00:36:21,480
but due to his small size,

616
00:36:21,480 --> 00:36:23,940
the assistant was able to
move him toward the doorway

617
00:36:23,940 --> 00:36:25,623
in spite of Ben's opposition.

618
00:36:26,460 --> 00:36:28,290
So we're gonna take about 15 seconds

619
00:36:28,290 --> 00:36:30,810
for you to respond and chat

620
00:36:30,810 --> 00:36:33,900
as to whether or not you think
this represents a restraint.

621
00:36:33,900 --> 00:36:36,003
And then we'll review the answers.

622
00:36:52,140 --> 00:36:53,640
All right, enter your answers.

623
00:37:27,030 --> 00:37:28,127
Great.

624
00:37:28,127 --> 00:37:31,590
And as it seems from
the answers I've seen,

625
00:37:31,590 --> 00:37:33,450
people correctly were responding

626
00:37:33,450 --> 00:37:36,420
this was in fact a moving restraint.

627
00:37:36,420 --> 00:37:38,550
It required more than minimal force,

628
00:37:38,550 --> 00:37:40,173
Ben was actively resisting.

629
00:37:43,200 --> 00:37:46,600
And as such it had to be
reported as a restraint

630
00:37:47,782 --> 00:37:50,493
and as governed by the 4500 rules.

631
00:37:51,690 --> 00:37:56,690
A question in my own mind when
I was reading the scenario is

632
00:37:56,790 --> 00:38:01,790
I wondered was it
necessary for the assistant

633
00:38:01,860 --> 00:38:05,793
to apply a moving restraint.

634
00:38:07,890 --> 00:38:11,970
And not having been there not
knowing what the scenario is,

635
00:38:11,970 --> 00:38:13,680
it wouldn't be for me to judge,

636
00:38:13,680 --> 00:38:15,180
but it would be a question I'd have

637
00:38:15,180 --> 00:38:16,530
if this were reported to me

638
00:38:16,530 --> 00:38:19,530
about was it necessary to
remove Ben from the classroom

639
00:38:19,530 --> 00:38:21,990
and implement a somewhat
more risky moving restraint?

640
00:38:21,990 --> 00:38:25,020
Or could could there have been
a restraint that took place

641
00:38:25,020 --> 00:38:30,020
there in the classroom and pose
somewhat less risk for Ben?

642
00:38:30,210 --> 00:38:32,130
Just a personal question.

643
00:38:32,130 --> 00:38:33,420
Are there other thoughts or questions

644
00:38:33,420 --> 00:38:34,770
that people had about this?

645
00:38:53,250 --> 00:38:56,830
There is a somewhat
unrelated question here

646
00:38:58,710 --> 00:39:03,710
that asks if a medical
professional prescribes a restraint

647
00:39:06,480 --> 00:39:09,780
that it doesn't fall under 4,500

648
00:39:09,780 --> 00:39:11,973
and doesn't need to be reported.

649
00:39:13,770 --> 00:39:18,300
So the answer to that
question is a little tricky.

650
00:39:18,300 --> 00:39:23,300
It depends on what type of
restraint is being prescribed

651
00:39:24,540 --> 00:39:27,540
and for what reason.

652
00:39:27,540 --> 00:39:31,740
If a medical professional is prescribing,

653
00:39:31,740 --> 00:39:36,740
I'll just use a very
exaggerated sort of thing,

654
00:39:38,640 --> 00:39:42,010
like if a medical professional says

655
00:39:43,254 --> 00:39:46,800
that a student in a wheelchair
needs to be harnessed in

656
00:39:46,800 --> 00:39:51,800
using more than just the
seatbelt on the wheelchair,

657
00:39:51,900 --> 00:39:55,173
and that is for positional,

658
00:39:57,710 --> 00:40:00,270
bodily mechanics, having
the students sit straight up

659
00:40:00,270 --> 00:40:02,430
and not slump over.

660
00:40:02,430 --> 00:40:07,140
If that's the case, and
if that particular harness

661
00:40:07,140 --> 00:40:11,220
is designed to be used for that reason,

662
00:40:11,220 --> 00:40:15,531
then that would not be
considered a restraint.

663
00:40:15,531 --> 00:40:18,570
It is a mechanical restraint,

664
00:40:18,570 --> 00:40:23,570
but because it was
prescribed by the physician

665
00:40:23,610 --> 00:40:28,320
and it was and the particular harness

666
00:40:28,320 --> 00:40:31,590
was meant to be used for that reason

667
00:40:31,590 --> 00:40:35,100
and the school nurse has trained everyone

668
00:40:35,100 --> 00:40:39,060
in how to make sure that
that harness is in place,

669
00:40:39,060 --> 00:40:43,290
then that does not count as a seclusion

670
00:40:43,290 --> 00:40:46,500
and doesn't need to be reported.

671
00:40:46,500 --> 00:40:51,243
However, there are some
doctors who may prescribe that,

672
00:40:53,790 --> 00:40:56,979
for example, I think we had an instance

673
00:40:56,979 --> 00:41:01,770
where a physician prescribed
some sort of device

674
00:41:01,770 --> 00:41:04,740
where it would lock the student's arm

675
00:41:04,740 --> 00:41:07,680
so that the student
couldn't bend their arm

676
00:41:07,680 --> 00:41:10,530
because the student had
self-injurious behaviors

677
00:41:10,530 --> 00:41:12,873
that involved biting their arm.

678
00:41:14,820 --> 00:41:18,030
That would be something
that should be involved,

679
00:41:18,030 --> 00:41:22,050
should be included in a
student's health plan,

680
00:41:22,050 --> 00:41:25,390
and the school nurse should be the one

681
00:41:28,152 --> 00:41:29,793
that is in charge of that.

682
00:41:33,300 --> 00:41:36,513
It just feels to me like that is,

683
00:41:39,690 --> 00:41:41,520
there's room for interpretation,

684
00:41:41,520 --> 00:41:44,520
but to me it feels like

685
00:41:44,520 --> 00:41:48,240
if you are only putting that device on

686
00:41:48,240 --> 00:41:51,750
when the student is acting up,

687
00:41:51,750 --> 00:41:55,740
that would require a
high level of training

688
00:41:55,740 --> 00:42:00,150
on how to get that brace on.

689
00:42:00,150 --> 00:42:03,720
And it seems like it could
be dangerous doing that

690
00:42:03,720 --> 00:42:06,990
to a child that's actively resisting.

691
00:42:06,990 --> 00:42:10,473
So the nurse would need
to really guide that.

692
00:42:11,640 --> 00:42:14,073
I would not recommend it.

693
00:42:15,870 --> 00:42:18,600
I'm sure there are lots of other examples

694
00:42:18,600 --> 00:42:21,130
and they probably would be worth

695
00:42:22,890 --> 00:42:26,310
just calling Tom or I and discussing it.

696
00:42:26,310 --> 00:42:29,790
And I'm sorry that you
didn't get an answer

697
00:42:29,790 --> 00:42:31,713
when you asked that previously.

698
00:42:32,880 --> 00:42:35,790
Just make sure you direct that to...

699
00:42:35,790 --> 00:42:36,930
Oh, go ahead.

700
00:42:36,930 --> 00:42:39,180
Yeah, this sort of situation
actually has come up

701
00:42:39,180 --> 00:42:42,570
a few times recently,
people contacting me.

702
00:42:42,570 --> 00:42:44,280
And again, it typically involves

703
00:42:44,280 --> 00:42:46,630
what would be considered
mechanical restraints.

704
00:42:47,670 --> 00:42:51,573
And the question has a couple
of times lately been about,

705
00:42:52,500 --> 00:42:57,480
I think five point restraints
on a school bus for a student

706
00:42:57,480 --> 00:43:00,600
and whether that would be
considered a restraint.

707
00:43:00,600 --> 00:43:05,600
And my answer to that is it depends.

708
00:43:05,730 --> 00:43:08,580
If this is something that has to be used

709
00:43:08,580 --> 00:43:10,890
because a student is physically incapable

710
00:43:10,890 --> 00:43:13,740
of supporting themselves in the seat

711
00:43:13,740 --> 00:43:17,760
and needs that in order to
be able to remain seated,

712
00:43:17,760 --> 00:43:19,590
but because they have a physical condition

713
00:43:19,590 --> 00:43:22,890
that prevents them from
safely sitting in the seat,

714
00:43:22,890 --> 00:43:25,800
then that's probably a medical appliance

715
00:43:25,800 --> 00:43:29,250
and wouldn't be considered
a mechanical restraint.

716
00:43:29,250 --> 00:43:32,850
If it's being used to control
the student's behavior though,

717
00:43:32,850 --> 00:43:35,910
if this is a student who may
be interacting with others

718
00:43:35,910 --> 00:43:38,490
or may be engaging in
self-injurious behavior

719
00:43:38,490 --> 00:43:41,940
and the belts are used to prevent that,

720
00:43:41,940 --> 00:43:45,180
then that would be a mechanical restraint.

721
00:43:45,180 --> 00:43:49,413
So purpose sometimes is also a factor.

722
00:43:57,540 --> 00:44:01,950
All right, and this perhaps
the question was anticipating

723
00:44:01,950 --> 00:44:02,790
this next slide,

724
00:44:02,790 --> 00:44:05,610
which does reference
that physical restraints

725
00:44:05,610 --> 00:44:08,790
do not include the bottom
techniques prescribed

726
00:44:08,790 --> 00:44:11,973
by qualified medical professional.

727
00:44:14,730 --> 00:44:17,760
Momentary periods of physical
restriction accomplished

728
00:44:17,760 --> 00:44:21,720
with limited force, minimum contact,

729
00:44:21,720 --> 00:44:24,060
and hand-over-hand assistance with a task.

730
00:44:24,060 --> 00:44:26,940
And there's a variety of
things that are included here.

731
00:44:26,940 --> 00:44:29,520
I can tell you from my experience

732
00:44:29,520 --> 00:44:31,320
in responding to questions about this,

733
00:44:31,320 --> 00:44:34,980
the first one probably is
the most frequent question

734
00:44:34,980 --> 00:44:37,530
that comes my way is
that there's a situation

735
00:44:37,530 --> 00:44:41,520
where a student maybe initiates a movement

736
00:44:41,520 --> 00:44:43,240
to strike someone else

737
00:44:44,580 --> 00:44:49,437
and a staff member puts
up a hand and blocks that

738
00:44:49,437 --> 00:44:51,720
and was that a restraint?

739
00:44:51,720 --> 00:44:53,910
And the answer to that
most likely would be no.

740
00:44:53,910 --> 00:44:55,500
Again, you want to hear the details,

741
00:44:55,500 --> 00:44:58,380
you can't give a blanket
answer to any situation,

742
00:44:58,380 --> 00:45:02,200
but that momentary physical
restriction with limited force

743
00:45:03,984 --> 00:45:07,083
is usually not gonna be
considered a restraint.

744
00:45:08,760 --> 00:45:11,400
Hand-over-hand assistance with a task.

745
00:45:11,400 --> 00:45:13,530
To me, that that in my mind,

746
00:45:13,530 --> 00:45:18,390
that goes back to work I did
many years ago with students

747
00:45:18,390 --> 00:45:22,050
who had to learn some basic living skills

748
00:45:22,050 --> 00:45:24,660
such as toothbrushing
or feeding themselves

749
00:45:24,660 --> 00:45:27,870
that required hand-over-hand support

750
00:45:27,870 --> 00:45:32,310
in order to learn the
mechanics of some of the tasks.

751
00:45:32,310 --> 00:45:34,170
That's not considered a restraint,

752
00:45:34,170 --> 00:45:36,363
that that can be a teaching method.

753
00:45:37,999 --> 00:45:39,030
And then obviously we've just talked

754
00:45:39,030 --> 00:45:44,030
about some of the mechanical restraints

755
00:45:44,610 --> 00:45:46,923
that are prescribed by
medical professional,

756
00:45:47,910 --> 00:45:49,950
techniques might also be more

757
00:45:49,950 --> 00:45:52,713
in the lines of physical
therapy, for instance.

758
00:45:53,610 --> 00:45:56,623
There might be some
situations where, you know,

759
00:45:56,623 --> 00:45:59,520
a student may not be particularly happy

760
00:45:59,520 --> 00:46:02,460
about engaging in some physical therapy,

761
00:46:02,460 --> 00:46:06,210
but it is necessary for
their physical wellbeing.

762
00:46:06,210 --> 00:46:08,490
And it is prescribed by a professional

763
00:46:08,490 --> 00:46:10,710
and typically implemented by somebody

764
00:46:10,710 --> 00:46:13,160
with very specific training
in implementing that.

765
00:46:18,540 --> 00:46:19,983
All right, another poll.

766
00:46:21,240 --> 00:46:24,570
Does this incident represent
an acceptable use of restraint?

767
00:46:24,570 --> 00:46:26,580
Why or why not?

768
00:46:26,580 --> 00:46:27,420
So in this case,

769
00:46:27,420 --> 00:46:30,732
Kara is a fourth grade
student with disabilities,

770
00:46:30,732 --> 00:46:33,300
has previously used a
wheelchair for mobility reasons.

771
00:46:33,300 --> 00:46:34,260
Over the past year,

772
00:46:34,260 --> 00:46:36,870
she's made significant
progress in physical therapy

773
00:46:36,870 --> 00:46:38,850
and is able to move without
the use of the chair

774
00:46:38,850 --> 00:46:40,530
most of the time.

775
00:46:40,530 --> 00:46:42,900
Her chair is still available
in case of emergencies,

776
00:46:42,900 --> 00:46:45,390
such as a building evacuation

777
00:46:45,390 --> 00:46:49,233
so that she could be assisted
to exit quickly if need be.

778
00:46:50,100 --> 00:46:52,770
Recently, Kara's BI has
been using the wheelchair

779
00:46:52,770 --> 00:46:56,040
to keep Kara contained when
she became dysregulated.

780
00:46:56,040 --> 00:46:57,840
Sometimes Kara will yell loudly,

781
00:46:57,840 --> 00:46:59,400
throw herself onto the floor,

782
00:46:59,400 --> 00:47:01,770
or throw books in the BI's face.

783
00:47:01,770 --> 00:47:04,410
So the BI will strap
her in the wheelchair.

784
00:47:04,410 --> 00:47:05,820
Often just the suggestion

785
00:47:05,820 --> 00:47:07,350
that Kara will need to go to the chair

786
00:47:07,350 --> 00:47:10,290
helps her BI deescalate her behavior.

787
00:47:10,290 --> 00:47:15,290
So 15 seconds again, is this
an acceptable use of restraint?

788
00:47:30,760 --> 00:47:32,253
Okay, respond please.

789
00:48:09,440 --> 00:48:10,288
All right.

790
00:48:10,288 --> 00:48:12,330
It appears that the majority
of responses are that no,

791
00:48:12,330 --> 00:48:13,500
this is not acceptable.

792
00:48:13,500 --> 00:48:14,793
This is not permissible.

793
00:48:16,989 --> 00:48:18,180
I'll go to the answer.

794
00:48:18,180 --> 00:48:20,310
Yeah, this is not acceptable.

795
00:48:20,310 --> 00:48:23,433
It's clearly a mechanical
restraint and it's not permitted.

796
00:48:24,270 --> 00:48:26,700
Kara doesn't need the wheelchair.

797
00:48:26,700 --> 00:48:29,790
So it's not a prescribed
or authorized device.

798
00:48:29,790 --> 00:48:32,390
The straps are being used
as a mechanical restraint.

799
00:48:33,840 --> 00:48:37,140
Even if she's presenting a
risk of imminent physical harm,

800
00:48:37,140 --> 00:48:42,130
this is not a restraint
that would be permitted and

801
00:48:45,390 --> 00:48:49,030
that the BI should be looking
at other types of intervention

802
00:48:49,920 --> 00:48:52,083
instead of strapping Kara into the chair.

803
00:48:58,440 --> 00:49:02,673
Okay, I'm gonna take over
for a period of time now,

804
00:49:03,510 --> 00:49:06,300
and we are going to

805
00:49:06,300 --> 00:49:11,300
really dissect these
terms of substantial risk

806
00:49:12,570 --> 00:49:17,043
and imminent harm and
significant bodily harm.

807
00:49:19,500 --> 00:49:21,720
Just so we're really clear,

808
00:49:21,720 --> 00:49:26,720
the only reasons that you can
use a seclusion or restraint

809
00:49:27,000 --> 00:49:31,680
are when a student is posing

810
00:49:31,680 --> 00:49:36,300
an imminent risk of substantial harm

811
00:49:36,300 --> 00:49:39,060
or significant bodily harm.

812
00:49:39,060 --> 00:49:42,300
These are emergency interventions only.

813
00:49:42,300 --> 00:49:46,293
They're not to be used in
any sort of planned way.

814
00:49:47,370 --> 00:49:49,890
They're only a last resort

815
00:49:49,890 --> 00:49:53,400
when there is a substantial risk of harm.

816
00:49:53,400 --> 00:49:58,400
So let's dissect these terms.

817
00:49:58,860 --> 00:50:03,860
Imminent means that
the child's behavior is

818
00:50:04,230 --> 00:50:09,230
or will be immediate or it
could occur at any time.

819
00:50:09,900 --> 00:50:12,030
So it's right there in your face,

820
00:50:12,030 --> 00:50:16,530
it is happening or it's about to happen.

821
00:50:16,530 --> 00:50:20,700
The students gotta chair above their head

822
00:50:20,700 --> 00:50:22,983
and they're getting ready to throw it.

823
00:50:24,270 --> 00:50:26,760
It means the child has the ability

824
00:50:26,760 --> 00:50:29,910
or the means to enact a physical injury

825
00:50:29,910 --> 00:50:32,430
or bodily harm through their behavior.

826
00:50:32,430 --> 00:50:37,050
So if I am threatening to throw a chair

827
00:50:37,050 --> 00:50:39,510
or if I don't have a chair,

828
00:50:39,510 --> 00:50:42,480
but instead I'm going like this,

829
00:50:42,480 --> 00:50:47,480
well, I don't really have the
means to do that right now.

830
00:50:49,080 --> 00:50:53,160
And even after adults
have provided lessons,

831
00:50:53,160 --> 00:50:57,510
less restrictive interventions
to deescalate the behavior,

832
00:50:57,510 --> 00:51:01,133
the child's behavior persists.

833
00:51:01,133 --> 00:51:05,490
So that all those things
combined equal imminent,

834
00:51:05,490 --> 00:51:07,890
it's right there, it is about to happen.

835
00:51:07,890 --> 00:51:12,890
The student has the means and
the intent to enact that harm.

836
00:51:14,580 --> 00:51:16,710
The next definition

837
00:51:16,710 --> 00:51:20,463
that we're gonna talk about
is significant bodily harm.

838
00:51:21,840 --> 00:51:24,450
Here the bar is set really high.

839
00:51:24,450 --> 00:51:28,860
The standard is high for what you,

840
00:51:28,860 --> 00:51:32,340
what type of harm the
student's behavior must pose

841
00:51:32,340 --> 00:51:35,910
in order to allow

842
00:51:35,910 --> 00:51:37,740
a restraint or seclusion.

843
00:51:37,740 --> 00:51:41,820
So significant bodily harm
means that it's severe enough

844
00:51:41,820 --> 00:51:43,800
to cause a cut, an abrasion,

845
00:51:43,800 --> 00:51:46,980
a bruise, burn or disfigurement.

846
00:51:46,980 --> 00:51:50,590
It's severe enough to cause
physical pain or illness

847
00:51:51,571 --> 00:51:55,290
or significant enough

848
00:51:55,290 --> 00:51:57,090
to impair the function

849
00:51:57,090 --> 00:52:00,753
of a bodily member
organ or mental faculty.

850
00:52:02,070 --> 00:52:06,120
So we're gonna do some polls around this

851
00:52:06,120 --> 00:52:09,480
and I'm going to describe Chloe,

852
00:52:09,480 --> 00:52:12,543
who is a high school junior rugby player,

853
00:52:13,560 --> 00:52:16,260
and she is angry with the score

854
00:52:16,260 --> 00:52:21,030
that she received on a quiz
and lashed out at her teacher.

855
00:52:21,030 --> 00:52:25,710
She loudly provided very
specific threats to the teacher,

856
00:52:25,710 --> 00:52:29,880
such as, I'm gonna slash your
throat with a 10-inch blade

857
00:52:29,880 --> 00:52:33,993
and I'm gonna run your baby
over with my boyfriend's car.

858
00:52:36,829 --> 00:52:37,920
(sneezes) Excuse me.

859
00:52:37,920 --> 00:52:40,320
At first, the teacher
praised the other students

860
00:52:40,320 --> 00:52:44,370
who are sitting quietly and
planfully ignored Chloe.

861
00:52:44,370 --> 00:52:46,110
When Chloe continued,

862
00:52:46,110 --> 00:52:49,200
the teacher positioned
herself at a safe distance,

863
00:52:49,200 --> 00:52:51,060
but closer to Chloe's desk,

864
00:52:51,060 --> 00:52:54,090
speaking softly and quietly prompting her

865
00:52:54,090 --> 00:52:57,270
to use one of her anger management skills

866
00:52:57,270 --> 00:53:00,145
and giving her the choice to take a break

867
00:53:00,145 --> 00:53:03,030
and process her feelings
with another staff member.

868
00:53:03,030 --> 00:53:05,490
Chloe stubbornly remained in her seat,

869
00:53:05,490 --> 00:53:07,980
arms crossed over her chest

870
00:53:07,980 --> 00:53:11,675
and continued with the verbal,

871
00:53:11,675 --> 00:53:14,403
very graphic, very loud threats.

872
00:53:15,930 --> 00:53:20,370
So does Chloe's behavior

873
00:53:20,370 --> 00:53:23,220
pose a substantial risk

874
00:53:23,220 --> 00:53:24,903
and an imminent risk?

875
00:53:39,060 --> 00:53:42,453
Okay, go ahead and hit Enter.

876
00:53:50,760 --> 00:53:53,283
I'm seeing almost all no's.

877
00:53:56,130 --> 00:53:59,460
And so the answer is that,

878
00:53:59,460 --> 00:54:02,370
no, Chloe's behavior is not posing

879
00:54:02,370 --> 00:54:04,923
a substantial risk of harm yet.

880
00:54:06,150 --> 00:54:09,540
She is remained seated in her desk,

881
00:54:09,540 --> 00:54:14,010
even with her arms
crossed across her chest,

882
00:54:14,010 --> 00:54:17,640
and she doesn't have a 10-inch blade

883
00:54:17,640 --> 00:54:19,290
on her person right now.

884
00:54:19,290 --> 00:54:21,090
She's not wielding that blade.

885
00:54:21,090 --> 00:54:25,110
And chances are her boyfriend's car is not

886
00:54:25,110 --> 00:54:29,310
inside the school building
ready to be called

887
00:54:29,310 --> 00:54:30,993
to run over the teacher.

888
00:54:32,970 --> 00:54:37,623
Let's go to the next slide,
which still involves Chloe.

889
00:54:38,730 --> 00:54:43,500
This time Chloe begins angrily
tearing pieces of paper

890
00:54:43,500 --> 00:54:45,540
from her spiral notebook.

891
00:54:45,540 --> 00:54:47,700
She's wadding them up into balls.

892
00:54:47,700 --> 00:54:50,130
And I should mention that once again,

893
00:54:50,130 --> 00:54:54,090
Chloe's a high school student,
very large and strong,

894
00:54:54,090 --> 00:54:56,280
she's on the rugby team.

895
00:54:56,280 --> 00:54:59,359
She's wadding them up into balls

896
00:54:59,359 --> 00:55:01,710
and throwing them directly at her teacher.

897
00:55:01,710 --> 00:55:03,180
She has good aim.

898
00:55:03,180 --> 00:55:05,580
And several of the paper balls strike

899
00:55:05,580 --> 00:55:07,983
the teacher's head and torso.

900
00:55:09,060 --> 00:55:11,940
Is Chloe's behavior now posing

901
00:55:11,940 --> 00:55:14,463
a substantial risk of imminent harm.

902
00:55:16,830 --> 00:55:19,383
Once again, type in your answer,

903
00:55:20,303 --> 00:55:23,973
but don't press Send
until I give you the cue.

904
00:55:36,182 --> 00:55:38,682
Okay, go ahead and press Send.

905
00:55:42,480 --> 00:55:46,203
I'm seeing some mixed
responses, but mostly no's.

906
00:55:47,280 --> 00:55:50,730
And the answer is no.

907
00:55:50,730 --> 00:55:54,930
This doesn't represent a
substantial risk of harm.

908
00:55:54,930 --> 00:55:58,710
It is imminent. She is
in the act of doing it.

909
00:55:58,710 --> 00:56:03,710
But paper balls don't pose
the risk of a serious injury.

910
00:56:05,940 --> 00:56:08,310
You know, I suppose a case could be made

911
00:56:08,310 --> 00:56:12,480
that it could strike the
teacher's open eyeball

912
00:56:12,480 --> 00:56:15,360
and cause a tear to her cornea.

913
00:56:15,360 --> 00:56:17,310
But I think that would be

914
00:56:17,310 --> 00:56:21,510
a very rare possibility

915
00:56:21,510 --> 00:56:22,380
of that happening.

916
00:56:22,380 --> 00:56:25,260
And, generally, paper balls don't

917
00:56:25,260 --> 00:56:27,600
really cause any serious injuries.

918
00:56:27,600 --> 00:56:30,060
So no, that wouldn't be,

919
00:56:30,060 --> 00:56:31,770
that wouldn't rise to the standard

920
00:56:31,770 --> 00:56:35,343
of allowing a physical
restraint or a seclusion.

921
00:56:36,360 --> 00:56:39,633
Let's go to the next poll
that is still with Chloe.

922
00:56:40,830 --> 00:56:45,630
This time, when the teacher
moved closer to Chloe's desk,

923
00:56:45,630 --> 00:56:50,160
Chloe stood up and hurled
her desk at the teacher,

924
00:56:50,160 --> 00:56:52,680
then began grabbing random objects

925
00:56:52,680 --> 00:56:56,520
like chairs, the
classroom globe, staplers,

926
00:56:56,520 --> 00:56:59,403
and she threw those at
the teacher as well.

927
00:57:00,270 --> 00:57:05,010
Does Chloe's behavior now
pose a substantial risk,

928
00:57:05,010 --> 00:57:07,323
an imminent risk of substantial harm.

929
00:57:23,460 --> 00:57:25,203
Go ahead and press Send now.

930
00:57:27,802 --> 00:57:30,517
I'm seeing a big cascade here.

931
00:57:35,550 --> 00:57:36,383
Okay.

932
00:57:37,740 --> 00:57:38,610
Yes.

933
00:57:38,610 --> 00:57:40,590
The answer is that yes,

934
00:57:40,590 --> 00:57:43,893
this is a substantial and imminent threat.

935
00:57:45,000 --> 00:57:48,270
Chloe has access to all of these objects.

936
00:57:48,270 --> 00:57:50,130
They are heavy objects

937
00:57:50,130 --> 00:57:54,060
that could cause significant
physical injuries.

938
00:57:54,060 --> 00:57:57,600
And she's carrying through
with these threats now,

939
00:57:57,600 --> 00:58:00,390
it's no longer just a verbal threat.

940
00:58:00,390 --> 00:58:02,253
She is actually doing so.

941
00:58:05,370 --> 00:58:08,580
Certainly, the teacher
would want to move away.

942
00:58:08,580 --> 00:58:10,770
The teacher would probably ask

943
00:58:10,770 --> 00:58:14,070
to have the classroom evacuated.

944
00:58:14,070 --> 00:58:18,150
And if there were no other adults,

945
00:58:18,150 --> 00:58:22,020
the teacher would need to remain nearby.

946
00:58:22,020 --> 00:58:23,940
But she would probably want

947
00:58:23,940 --> 00:58:28,110
to seclude Chloe

948
00:58:28,110 --> 00:58:29,280
in that room.

949
00:58:29,280 --> 00:58:31,740
But we will get more into the fine line

950
00:58:31,740 --> 00:58:34,650
between whether or not
seclusion is allowable

951
00:58:34,650 --> 00:58:35,643
in just a minute.

952
00:58:38,340 --> 00:58:42,520
And also just like to add that
I saw several people noted

953
00:58:43,710 --> 00:58:48,710
that some of the prior activities
were not imminent harm,

954
00:58:49,050 --> 00:58:50,880
but they were of concern.

955
00:58:50,880 --> 00:58:52,935
And I think that's,

956
00:58:52,935 --> 00:58:54,745
it's important to note that simply

957
00:58:54,745 --> 00:58:57,180
because something does not
represent imminent harm,

958
00:58:57,180 --> 00:58:58,710
it does not rise to that bar.

959
00:58:58,710 --> 00:59:02,010
It doesn't mean that it goes unaddressed.

960
00:59:02,010 --> 00:59:03,150
Absolutely.

961
00:59:03,150 --> 00:59:07,860
That we're talking about
restraint and seclusion here,

962
00:59:07,860 --> 00:59:10,890
but there are other levels

963
00:59:10,890 --> 00:59:14,250
of intervention that could
and should take place

964
00:59:14,250 --> 00:59:16,890
when a situation like this arises.

965
00:59:16,890 --> 00:59:18,360
And we're not saying

966
00:59:18,360 --> 00:59:20,880
that this is something to simply ignore.

967
00:59:20,880 --> 00:59:25,462
Another example that I
see not infrequently is

968
00:59:25,462 --> 00:59:27,900
when a student, particularly
a very young student,

969
00:59:27,900 --> 00:59:30,120
may make a threat in the classroom

970
00:59:30,120 --> 00:59:31,923
that they're going to use a firearm.

971
00:59:32,940 --> 00:59:35,280
Clearly they don't have
a firearm with them.

972
00:59:35,280 --> 00:59:37,680
And that that is not a threat

973
00:59:37,680 --> 00:59:40,380
of imminent harm in that moment.

974
00:59:40,380 --> 00:59:42,420
However, it's a concern

975
00:59:42,420 --> 00:59:45,949
and one that definitely
needs to be followed through

976
00:59:45,949 --> 00:59:48,240
by the school officials just to ensure

977
00:59:48,240 --> 00:59:51,090
does that student have
access outside of school?

978
00:59:51,090 --> 00:59:53,190
Is this something that we
need to continue to monitor?

979
00:59:53,190 --> 00:59:56,250
And sadly, we've seen recently

980
00:59:56,250 --> 00:59:58,740
that there's little, if any, age limit

981
00:59:58,740 --> 01:00:01,890
to when these circumstances could arise.

982
01:00:01,890 --> 01:00:05,400
So just to say we're not advising

983
01:00:05,400 --> 01:00:06,720
that you simply ignore something

984
01:00:06,720 --> 01:00:08,520
because it doesn't rise to that bar.

985
01:00:11,820 --> 01:00:12,653
Correct.

986
01:00:14,070 --> 01:00:18,900
Let's go on to discuss the
permissible use of seclusion.

987
01:00:18,900 --> 01:00:20,040
And this is tricky.

988
01:00:20,040 --> 01:00:24,840
This is an area in which we've
gotten lots of questions,

989
01:00:24,840 --> 01:00:27,072
a lot of debate,

990
01:00:27,072 --> 01:00:30,720
and we have actually issued
some written guidance

991
01:00:30,720 --> 01:00:32,490
around that, around this.

992
01:00:32,490 --> 01:00:35,100
And you'll find that in
some of the materials

993
01:00:35,100 --> 01:00:38,340
that Cassandra has posted on the web.

994
01:00:38,340 --> 01:00:42,330
So seclusion may be used

995
01:00:42,330 --> 01:00:44,160
only when, you're gonna hear me say

996
01:00:44,160 --> 01:00:45,570
this over and over again,

997
01:00:45,570 --> 01:00:48,120
the student's behavior poses imminent risk

998
01:00:48,120 --> 01:00:51,180
of substantial physical injury,

999
01:00:51,180 --> 01:00:55,320
only when less restrictive
interventions have failed

1000
01:00:55,320 --> 01:00:59,490
or would be ineffective to prevent harm,

1001
01:00:59,490 --> 01:01:02,430
only to be used by staff who are trained

1002
01:01:02,430 --> 01:01:06,093
to use a restraint or seclusion.

1003
01:01:06,960 --> 01:01:11,553
Seclusions are only to be
temporary interventions.

1004
01:01:12,480 --> 01:01:15,690
They're meant to be
monitored at all times.

1005
01:01:15,690 --> 01:01:18,753
The student must be
monitored at all times.

1006
01:01:19,860 --> 01:01:23,820
The seclusion space has to be large enough

1007
01:01:23,820 --> 01:01:28,800
to allow safe, sorry, I'm getting pinged

1008
01:01:28,800 --> 01:01:30,480
and it's distracted.

1009
01:01:30,480 --> 01:01:35,070
We have an an agency-wide
meeting going on right now

1010
01:01:35,070 --> 01:01:37,050
and I keep getting notifications.

1011
01:01:37,050 --> 01:01:37,883
Anyway.

1012
01:01:40,530 --> 01:01:43,320
The seclusion space
needs to be large enough

1013
01:01:43,320 --> 01:01:45,720
to permit safe movement.

1014
01:01:45,720 --> 01:01:48,840
It needs to be adequately
lit, heated, ventilated,

1015
01:01:48,840 --> 01:01:51,030
free of dangerous objects,

1016
01:01:51,030 --> 01:01:52,890
and it needs to be in compliance

1017
01:01:52,890 --> 01:01:55,323
with all fire and safety codes.

1018
01:01:56,940 --> 01:01:58,710
Seclusion can be used

1019
01:01:58,710 --> 01:02:03,150
if there are no known contraindications.

1020
01:02:03,150 --> 01:02:06,070
For example, some students

1021
01:02:08,495 --> 01:02:09,510
may have a history of trauma

1022
01:02:09,510 --> 01:02:12,960
that involved severe neglect

1023
01:02:12,960 --> 01:02:14,520
where they had been left alone

1024
01:02:14,520 --> 01:02:17,910
in their rooms for long periods of time.

1025
01:02:17,910 --> 01:02:20,640
And a team may have gotten together

1026
01:02:20,640 --> 01:02:21,970
or a therapist

1027
01:02:26,250 --> 01:02:27,083
may have advised

1028
01:02:27,083 --> 01:02:30,390
that seclusion is really
contraindicated for this student.

1029
01:02:30,390 --> 01:02:35,250
So you can't use seclusion
in those instances.

1030
01:02:35,250 --> 01:02:36,760
And also seclusion

1031
01:02:39,090 --> 01:02:43,590
is permissible when physical intervention

1032
01:02:43,590 --> 01:02:45,633
is contraindicated.

1033
01:02:47,130 --> 01:02:49,210
So let's advance this slide

1034
01:02:50,098 --> 01:02:52,377
and let me review all of these .

1035
01:02:53,430 --> 01:02:55,560
Again, imminent risk,

1036
01:02:55,560 --> 01:02:58,350
less restrictive
interventions have failed,

1037
01:02:58,350 --> 01:03:01,410
temporary interventions
only when monitored,

1038
01:03:01,410 --> 01:03:04,217
space meets criteria.

1039
01:03:04,217 --> 01:03:07,377
There are no known
contraindications to seclusions

1040
01:03:08,370 --> 01:03:12,240
and only when physical restraint

1041
01:03:12,240 --> 01:03:13,953
is contraindicated.

1042
01:03:15,090 --> 01:03:20,090
This is a point that is made
very clearly in the rules.

1043
01:03:22,410 --> 01:03:24,060
And what it suggests,

1044
01:03:24,060 --> 01:03:27,810
and what it means is
that physical restraint

1045
01:03:27,810 --> 01:03:30,840
is the preferable intervention.

1046
01:03:30,840 --> 01:03:34,650
Physical restraint, although
it may seem counterintuitive

1047
01:03:34,650 --> 01:03:38,430
to a lot of people, physical
restraint is considered

1048
01:03:38,430 --> 01:03:41,940
the less restrictive intervention

1049
01:03:41,940 --> 01:03:46,290
and therefore seclusion is not allowed

1050
01:03:46,290 --> 01:03:50,853
unless physical restraint
is contraindicated.

1051
01:03:52,140 --> 01:03:54,570
Now, there may be many reasons

1052
01:03:54,570 --> 01:03:58,020
why restraint is contraindicated,

1053
01:03:58,020 --> 01:04:01,380
and I even mentioned
with Chloe a minute ago

1054
01:04:01,380 --> 01:04:03,693
that that might be something to consider.

1055
01:04:05,996 --> 01:04:08,430
So I'll get into those things later.

1056
01:04:08,430 --> 01:04:10,953
But first let's do some polls.

1057
01:04:12,720 --> 01:04:16,443
So we're gonna talk about D'Andre.

1058
01:04:17,460 --> 01:04:21,300
When he was told that he
would need to edit an essay

1059
01:04:21,300 --> 01:04:24,390
that he'd written the previous day,

1060
01:04:24,390 --> 01:04:26,290
D'Andre lost his temper

1061
01:04:27,266 --> 01:04:31,080
and climbed to the top of a
tall shelf next to the windows

1062
01:04:31,080 --> 01:04:33,360
where he began pounding his fists

1063
01:04:33,360 --> 01:04:36,330
in an attempt to break the glass.

1064
01:04:36,330 --> 01:04:39,750
Then he began banging
his own head forcefully

1065
01:04:39,750 --> 01:04:41,910
against the window.

1066
01:04:41,910 --> 01:04:44,220
The teacher evacuated the classroom,

1067
01:04:44,220 --> 01:04:46,830
fearing that the glass may shatter

1068
01:04:46,830 --> 01:04:50,190
and cause harm to D'Andre and others.

1069
01:04:50,190 --> 01:04:54,750
The classroom assistant who
was CPI trained remained

1070
01:04:54,750 --> 01:04:56,880
in the classroom with D'Andre

1071
01:04:56,880 --> 01:05:00,690
and tried several deescalation techniques,

1072
01:05:00,690 --> 01:05:03,330
but the behaviors continued.

1073
01:05:03,330 --> 01:05:08,130
At that point, another CPI
trained staff member arrived

1074
01:05:08,130 --> 01:05:13,130
and together they were
able to persuade D'Andre

1075
01:05:13,650 --> 01:05:15,180
off the shelf.

1076
01:05:15,180 --> 01:05:18,420
And then they accompanied
him to the quiet room,

1077
01:05:18,420 --> 01:05:20,520
placed him in seclusion.

1078
01:05:20,520 --> 01:05:22,380
They were outside of the room,

1079
01:05:22,380 --> 01:05:24,060
the door was closed,

1080
01:05:24,060 --> 01:05:27,060
and he needed to be there

1081
01:05:27,060 --> 01:05:30,963
until he was no longer
showing aggressive behaviors.

1082
01:05:31,980 --> 01:05:33,600
So the question is,

1083
01:05:33,600 --> 01:05:38,600
is seclusion permissible in
this example with D'Andre?

1084
01:05:38,850 --> 01:05:40,575
[Participant] Yes.

1085
01:05:40,575 --> 01:05:41,640
And why or why not?

1086
01:05:41,640 --> 01:05:45,900
Type in your answer, but
don't press Send yet.

1087
01:05:45,900 --> 01:05:48,573
Let's give everyone think time about this.

1088
01:06:01,740 --> 01:06:03,970
I'm going to answer that question

1089
01:06:05,130 --> 01:06:10,130
after we've discussed
this specific example.

1090
01:06:16,500 --> 01:06:19,293
Okay, go ahead and press Send, everyone.

1091
01:06:29,370 --> 01:06:33,033
I'm seeing a lot of no's, but some yeses.

1092
01:06:34,827 --> 01:06:35,660
[Participant] With an explanation why.

1093
01:06:35,660 --> 01:06:38,910
Yeah, this is confusing

1094
01:06:38,910 --> 01:06:43,290
and this is why we've
written guidance around this,

1095
01:06:43,290 --> 01:06:45,330
but the answer is no.

1096
01:06:45,330 --> 01:06:48,870
Seclusion wouldn't be
permissible in this instance

1097
01:06:48,870 --> 01:06:51,060
and let's talk about why.

1098
01:06:51,060 --> 01:06:52,313
[Participant] Yeah, please, do.

1099
01:06:53,641 --> 01:06:55,353
Somebody needs to mute, I think.

1100
01:06:58,260 --> 01:07:00,630
There were no other students in the room.

1101
01:07:00,630 --> 01:07:02,883
There were two staff members.

1102
01:07:03,905 --> 01:07:06,420
That provided the time and the space

1103
01:07:06,420 --> 01:07:09,963
to attempt additional
deescalation techniques.

1104
01:07:10,860 --> 01:07:14,763
No other students were in the
area and couldn't be harmed.

1105
01:07:15,900 --> 01:07:18,450
The staff may have been able to,

1106
01:07:18,450 --> 01:07:21,960
well, they did coax
him down from the shelf

1107
01:07:21,960 --> 01:07:23,710
and they could have corralled him

1108
01:07:24,649 --> 01:07:26,049
to a safer part of the room.

1109
01:07:27,300 --> 01:07:30,330
And staff had the ability to restrain him

1110
01:07:30,330 --> 01:07:32,760
in that evacuated classroom.

1111
01:07:32,760 --> 01:07:34,113
So once again,

1112
01:07:34,950 --> 01:07:39,930
restraint is considered the
less restrictive intervention.

1113
01:07:39,930 --> 01:07:42,960
And so, given the fact

1114
01:07:42,960 --> 01:07:46,860
that he was continuing the self-injurious

1115
01:07:46,860 --> 01:07:50,280
and the aggressive behavior towards others

1116
01:07:50,280 --> 01:07:55,280
and was not responding to any
of the deescalation techniques

1117
01:07:55,500 --> 01:07:57,423
that were being used,

1118
01:07:58,290 --> 01:08:01,149
the two trained staff members

1119
01:08:01,149 --> 01:08:03,390
should have restrained D'Andre

1120
01:08:03,390 --> 01:08:05,763
rather than taking him to seclusion.

1121
01:08:07,890 --> 01:08:11,913
Let's talk about D'Andre
some more in the next poll.

1122
01:08:13,950 --> 01:08:17,973
So same example, he's
banging against the window.

1123
01:08:19,320 --> 01:08:22,020
The class has evacuated,

1124
01:08:22,020 --> 01:08:25,980
the assistant attempts
a variety of strategies

1125
01:08:25,980 --> 01:08:28,650
to calm him to no avail.

1126
01:08:28,650 --> 01:08:33,363
So she restrains him
properly using a CPI hold.

1127
01:08:34,200 --> 01:08:38,430
But D'Andre, who's very wiry and quick,

1128
01:08:38,430 --> 01:08:40,770
is able to escape that hold.

1129
01:08:40,770 --> 01:08:44,520
He now begins aggressing
against the assistant,

1130
01:08:44,520 --> 01:08:46,620
biting, scratching and kicking.

1131
01:08:46,620 --> 01:08:48,210
Oops.

1132
01:08:48,210 --> 01:08:50,970
And no other staff members have arrived

1133
01:08:50,970 --> 01:08:53,043
to help contain the situation.

1134
01:08:54,180 --> 01:08:58,410
The assistant is able to persuade D'Andre

1135
01:08:58,410 --> 01:09:01,320
to walk with her to the quiet room.

1136
01:09:01,320 --> 01:09:04,920
And she walks in the quiet room with him

1137
01:09:04,920 --> 01:09:07,410
and they're both inside that room,

1138
01:09:07,410 --> 01:09:11,460
but then D'Andre punches and
kicks the assistant some more

1139
01:09:11,460 --> 01:09:12,930
and she's not confident

1140
01:09:12,930 --> 01:09:15,660
that she'll be able to hold him safely.

1141
01:09:15,660 --> 01:09:19,140
So she steps out of the
room, closes the door,

1142
01:09:19,140 --> 01:09:22,590
and secludes him, visually monitoring him,

1143
01:09:22,590 --> 01:09:25,293
but calling for additional
support as well.

1144
01:09:26,700 --> 01:09:28,560
Take your time and think this over.

1145
01:09:28,560 --> 01:09:30,060
Type in your answer,

1146
01:09:30,060 --> 01:09:33,547
but don't press Send
until I give you the cue.

1147
01:10:03,885 --> 01:10:06,385
Okay. Go ahead and press Send.

1148
01:10:17,880 --> 01:10:19,440
Great.

1149
01:10:19,440 --> 01:10:22,980
Yeah, I'm seeing mostly yeses and yes,

1150
01:10:22,980 --> 01:10:25,350
this is a permissible use of seclusion.

1151
01:10:25,350 --> 01:10:27,633
And let's talk about why that's so.

1152
01:10:28,861 --> 01:10:29,910
First, the staff member

1153
01:10:29,910 --> 01:10:33,480
tried several deescalation strategies.

1154
01:10:33,480 --> 01:10:36,630
She then did attempt the restraint,

1155
01:10:36,630 --> 01:10:40,170
which is the less restrictive
intervention, more preferable.

1156
01:10:40,170 --> 01:10:42,030
But the student remained aggressive

1157
01:10:42,030 --> 01:10:44,493
and was able to escape the hold.

1158
01:10:46,140 --> 01:10:47,880
In my professional opinion,

1159
01:10:47,880 --> 01:10:50,250
the staff member made the sound decision

1160
01:10:50,250 --> 01:10:54,033
to accompany the student
into the quiet room.

1161
01:10:54,930 --> 01:10:56,730
And I think that was a sound decision

1162
01:10:56,730 --> 01:11:01,410
because D'Andre had complied
with her and had walked there,

1163
01:11:01,410 --> 01:11:04,380
which indicates to me that maybe he was,

1164
01:11:04,380 --> 01:11:08,670
maybe the act of walking
alone had deescalated him.

1165
01:11:08,670 --> 01:11:11,310
So she went into the quiet room with him.

1166
01:11:11,310 --> 01:11:14,430
That wouldn't be considered a seclusion.

1167
01:11:14,430 --> 01:11:19,140
But then when D'Andre rescaled
and became aggressive,

1168
01:11:19,140 --> 01:11:20,940
I think it was a sound judgment

1169
01:11:20,940 --> 01:11:25,563
for her to exit the room and seclude him.

1170
01:11:26,970 --> 01:11:29,400
She had no other assistance.

1171
01:11:29,400 --> 01:11:32,853
She'd already attempted
restraint and failed.

1172
01:11:33,780 --> 01:11:38,130
She was likely fatigued,
she was possibly injured.

1173
01:11:38,130 --> 01:11:41,580
She probably lacked
confidence in her ability

1174
01:11:41,580 --> 01:11:44,010
to restrain D'Andre further.

1175
01:11:44,010 --> 01:11:46,020
So in this case,

1176
01:11:46,020 --> 01:11:49,230
I would say that seclusion is permissible.

1177
01:11:49,230 --> 01:11:51,120
I can't think of anything else

1178
01:11:51,120 --> 01:11:54,540
she might have done differently

1179
01:11:54,540 --> 01:11:57,483
to avoid the use of the seclusion.

1180
01:12:01,620 --> 01:12:03,720
Tracy, we have a question in the chat.

1181
01:12:03,720 --> 01:12:04,553
Oh, okay.

1182
01:12:07,980 --> 01:12:09,870
Can you explain this a little bit better?

1183
01:12:09,870 --> 01:12:11,490
My concern is that when you are

1184
01:12:11,490 --> 01:12:15,960
in a student's personal space
and using force to restrain,

1185
01:12:15,960 --> 01:12:18,150
this seems to be more restrictive

1186
01:12:18,150 --> 01:12:21,720
than having a student in a
safe place where they're safe

1187
01:12:21,720 --> 01:12:24,330
and being supported by an adult.

1188
01:12:24,330 --> 01:12:29,330
I totally get the question.

1189
01:12:30,000 --> 01:12:32,253
Cassandra, you're the one that wrote that.

1190
01:12:34,320 --> 01:12:36,437
No, I just shared it.

1191
01:12:36,437 --> 01:12:38,310
Excellent question. Oh, okay.

1192
01:12:38,310 --> 01:12:39,810
It's an excellent question

1193
01:12:39,810 --> 01:12:43,020
and it's a question that
we get a lot of the time,

1194
01:12:43,020 --> 01:12:46,860
as I mentioned, it seems counterintuitive.

1195
01:12:46,860 --> 01:12:49,950
It seems counterintuitive to me

1196
01:12:49,950 --> 01:12:52,743
until I really begin to digest it.

1197
01:12:53,940 --> 01:12:58,940
What I can say is that
the rule was written

1198
01:13:00,150 --> 01:13:03,550
before I came to the agency,
and I wasn't involved

1199
01:13:05,225 --> 01:13:07,380
in the public comment period.

1200
01:13:07,380 --> 01:13:10,500
But there was a lot of public input

1201
01:13:10,500 --> 01:13:14,163
into the making of these
and crafting of these rules.

1202
01:13:15,600 --> 01:13:20,310
Many different types of people had input

1203
01:13:20,310 --> 01:13:22,410
into the writing of the rules,

1204
01:13:22,410 --> 01:13:24,930
therapists, physicians, parents,

1205
01:13:24,930 --> 01:13:28,563
advocates, multidisciplinary people.

1206
01:13:31,566 --> 01:13:33,210
And it was written specifically

1207
01:13:33,210 --> 01:13:36,600
because all of those people felt

1208
01:13:36,600 --> 01:13:41,600
that restraint really is the
less restrictive intervention.

1209
01:13:43,620 --> 01:13:47,777
The other thing I would add
is that there is federal

1210
01:13:48,960 --> 01:13:51,750
as well as some state legislation

1211
01:13:51,750 --> 01:13:56,750
that is in the wings,

1212
01:13:57,090 --> 01:13:58,980
hasn't yet been enacted,

1213
01:13:58,980 --> 01:14:03,980
but is written as an act, I think,

1214
01:14:05,469 --> 01:14:10,320
and that actually forbids

1215
01:14:10,320 --> 01:14:12,090
the use of seclusion.

1216
01:14:12,090 --> 01:14:13,650
There are many states,

1217
01:14:13,650 --> 01:14:16,930
several states that have gone ahead

1218
01:14:17,808 --> 01:14:19,890
and banned seclusion altogether.

1219
01:14:19,890 --> 01:14:22,230
We have some districts in Vermont

1220
01:14:22,230 --> 01:14:24,300
that have banned the use of restraint,

1221
01:14:24,300 --> 01:14:27,180
or I mean, sorry, of seclusion.

1222
01:14:27,180 --> 01:14:31,650
And there is a bill waiting
in our state legislature

1223
01:14:31,650 --> 01:14:34,050
that would propose

1224
01:14:34,050 --> 01:14:37,050
to ban the use of seclusion.

1225
01:14:37,050 --> 01:14:39,240
Of course, you know,

1226
01:14:39,240 --> 01:14:42,090
there are going to be exceptions

1227
01:14:42,090 --> 01:14:46,830
such as if it's determined
to be contraindicated.

1228
01:14:46,830 --> 01:14:50,373
But that's what I can explain.

1229
01:14:52,050 --> 01:14:53,800
Yeah, I think it's also important

1230
01:14:56,340 --> 01:14:58,260
to think about what's going on

1231
01:14:58,260 --> 01:15:01,134
when these circumstances take place.

1232
01:15:01,134 --> 01:15:04,830
That a student who is in
seclusion is not a student,

1233
01:15:04,830 --> 01:15:08,250
is who's in there sitting quietly

1234
01:15:08,250 --> 01:15:10,140
and showing well-regulated behavior.

1235
01:15:10,140 --> 01:15:12,890
If that were the case, then
the seclusion needs to end.

1236
01:15:15,270 --> 01:15:18,000
One of the more challenging
parts of my job recently,

1237
01:15:18,000 --> 01:15:21,540
since I've been looking at
violation notices of 4500,

1238
01:15:21,540 --> 01:15:25,380
is reading the accounts
of what is taking place

1239
01:15:25,380 --> 01:15:28,710
when students are in seclusion
for extended periods of time.

1240
01:15:28,710 --> 01:15:31,420
And I won't go into
details, but I will tell you

1241
01:15:32,283 --> 01:15:35,133
that it's oftentimes pretty shocking.

1242
01:15:37,200 --> 01:15:39,960
As difficult as it may be

1243
01:15:39,960 --> 01:15:42,270
for a student to be physically restrained,

1244
01:15:42,270 --> 01:15:43,770
I think on the whole,

1245
01:15:43,770 --> 01:15:46,530
a student who is experiencing that level

1246
01:15:46,530 --> 01:15:49,230
of crisis or dysregulation,

1247
01:15:49,230 --> 01:15:52,350
whatever term you might prefer to use,

1248
01:15:52,350 --> 01:15:55,320
they're probably much safer
when they're in a restraint

1249
01:15:55,320 --> 01:15:57,420
with trained adults than they are

1250
01:15:57,420 --> 01:15:59,913
when they're left in a seclusion room.

1251
01:16:01,020 --> 01:16:03,000
The reports I get of seclusion rooms

1252
01:16:03,000 --> 01:16:06,960
literally being demolished
are not infrequent.

1253
01:16:06,960 --> 01:16:08,800
The reports of students engaging

1254
01:16:09,929 --> 01:16:13,860
in significantly potentially
self-injurious behaviors

1255
01:16:13,860 --> 01:16:15,303
are also fairly frequent.

1256
01:16:17,048 --> 01:16:21,750
It's when you take into account
the overall circumstances

1257
01:16:21,750 --> 01:16:24,510
of what is happening when
a student is in seclusion,

1258
01:16:24,510 --> 01:16:27,990
it becomes a lot more
understandable as to why seclusion

1259
01:16:27,990 --> 01:16:30,603
is not the preferred approach.

1260
01:16:31,920 --> 01:16:35,680
Students can get very
dysregulated very quickly

1261
01:16:37,680 --> 01:16:39,213
when they're secluded.

1262
01:16:40,440 --> 01:16:44,220
And Adam

1263
01:16:44,220 --> 01:16:46,800
just is asking

1264
01:16:46,800 --> 01:16:50,790
for additional clarification
for his understanding

1265
01:16:50,790 --> 01:16:54,000
that seclusion is when the
child is the only person

1266
01:16:54,000 --> 01:16:58,394
in the room and there's
no staff member in there

1267
01:16:58,394 --> 01:17:01,380
to support or provide personal assistance.

1268
01:17:01,380 --> 01:17:02,403
That's correct.

1269
01:17:05,610 --> 01:17:07,035
Okay.

1270
01:17:07,035 --> 01:17:09,580
I am going to still get into this further

1271
01:17:10,560 --> 01:17:12,990
and can answer more questions,

1272
01:17:12,990 --> 01:17:17,220
but let's go to, I think
it's one more poll.

1273
01:17:17,220 --> 01:17:20,280
I might be wrong. There may
be another one with D'Andre.

1274
01:17:20,280 --> 01:17:23,460
But poll number 13,

1275
01:17:23,460 --> 01:17:27,000
D'Andre's team in this instance

1276
01:17:27,000 --> 01:17:29,340
had taken a look at his data.

1277
01:17:29,340 --> 01:17:31,650
They'd consulted with his therapist

1278
01:17:31,650 --> 01:17:36,120
and determined that physical
restraint is contraindicated

1279
01:17:36,120 --> 01:17:40,320
for him because he has a
history of sexual trauma.

1280
01:17:40,320 --> 01:17:42,840
And the data has shown that restraints

1281
01:17:42,840 --> 01:17:45,183
only escalated him further.

1282
01:17:46,050 --> 01:17:49,500
So in this instance,

1283
01:17:49,500 --> 01:17:53,343
physical restraint has
been contraindicated.

1284
01:17:54,930 --> 01:17:57,750
So this time D'Andre's
teacher directed him

1285
01:17:57,750 --> 01:18:00,060
to go to the quiet room

1286
01:18:00,060 --> 01:18:04,560
and with the classroom
assistant accompanying him,

1287
01:18:04,560 --> 01:18:05,970
he complied.

1288
01:18:05,970 --> 01:18:09,750
Once they'd arrived at the
seclusion space however,

1289
01:18:09,750 --> 01:18:14,190
D'Andre again punches
and kicks the assistant.

1290
01:18:14,190 --> 01:18:17,160
The assistant tells Deandre
that he is to remain

1291
01:18:17,160 --> 01:18:21,600
in the quiet room for the
remainder of that class period

1292
01:18:21,600 --> 01:18:24,150
and until recess ends.

1293
01:18:24,150 --> 01:18:27,780
The assistant closes the door
and visually monitors him

1294
01:18:27,780 --> 01:18:31,383
from the outside of the room
throughout that period of time.

1295
01:18:32,550 --> 01:18:37,550
Is this unacceptable or
permissible use of restraint?

1296
01:18:38,400 --> 01:18:41,013
Type in your answers,
but don't press Send yet.

1297
01:18:44,010 --> 01:18:45,933
Permissible use of seclusion.

1298
01:18:46,860 --> 01:18:47,880
What's that?

1299
01:18:47,880 --> 01:18:49,863
Seclusion, correct?

1300
01:18:51,660 --> 01:18:53,190
Did I say restraint?

1301
01:18:53,190 --> 01:18:54,450
-Yeah.
-Sorry.

1302
01:18:54,450 --> 01:18:57,093
Is this a permissible use of seclusion?

1303
01:19:16,096 --> 01:19:17,423
Okay, go ahead and press Send.

1304
01:19:34,901 --> 01:19:35,734
Okay.

1305
01:19:35,734 --> 01:19:37,810
Getting some mixed reviews.

1306
01:19:37,810 --> 01:19:40,770
And I have to confess,
this is a trick question.

1307
01:19:40,770 --> 01:19:42,843
I pulled a quick one on you.

1308
01:19:43,830 --> 01:19:47,433
But the answer is no
and let me explain why.

1309
01:19:49,470 --> 01:19:53,970
It was permissible to use
seclusion rather than restraint

1310
01:19:53,970 --> 01:19:56,410
because there was a team decision

1311
01:19:57,455 --> 01:20:01,350
that would contraindicate restraint.

1312
01:20:01,350 --> 01:20:05,490
But the reason that this
particular seclusion

1313
01:20:05,490 --> 01:20:09,510
is not permissible is that seclusion

1314
01:20:09,510 --> 01:20:13,050
is only meant as a temporary intervention.

1315
01:20:13,050 --> 01:20:15,630
And the assistant told D'Andre

1316
01:20:15,630 --> 01:20:17,700
that he would have to stay there

1317
01:20:17,700 --> 01:20:22,080
for the rest of the class
period and through recess.

1318
01:20:22,080 --> 01:20:26,490
We are not allowed to
put arbitrary time limits

1319
01:20:26,490 --> 01:20:30,873
on the amount of time a student
is to spend in seclusion.

1320
01:20:31,800 --> 01:20:34,440
And in fact, seclusion
should be terminated

1321
01:20:34,440 --> 01:20:37,800
as soon as the student no longer poses

1322
01:20:37,800 --> 01:20:40,920
an imminent risk of substantial harm,

1323
01:20:40,920 --> 01:20:43,860
or as soon as less
restrictive interventions

1324
01:20:43,860 --> 01:20:45,843
might prove successful.

1325
01:20:47,250 --> 01:20:48,720
So if you answered yes

1326
01:20:48,720 --> 01:20:53,490
because the team had a
contraindicated restraint,

1327
01:20:53,490 --> 01:20:55,560
you're right in that reasoning.

1328
01:20:55,560 --> 01:21:00,560
But you have to remember that
seclusions are only temporary.

1329
01:21:01,020 --> 01:21:02,720
We can't put a time limit on them.

1330
01:21:04,710 --> 01:21:07,830
And let me just look at my notes. Yes.

1331
01:21:07,830 --> 01:21:10,440
So one more thing that I wanted to say

1332
01:21:10,440 --> 01:21:14,520
about how you might determine

1333
01:21:14,520 --> 01:21:18,150
whether a physical restraint
is contraindicated.

1334
01:21:18,150 --> 01:21:22,380
There may be many reasons
that a team may decide

1335
01:21:22,380 --> 01:21:25,590
that restraint is contraindicated.

1336
01:21:25,590 --> 01:21:30,590
One person mentioned a
history of sexual abuse.

1337
01:21:31,911 --> 01:21:33,720
That, if the team has gathered,

1338
01:21:33,720 --> 01:21:35,880
if the therapist has weighed in,

1339
01:21:35,880 --> 01:21:39,510
if all team members really agree,

1340
01:21:39,510 --> 01:21:42,960
that would a really valid reason

1341
01:21:42,960 --> 01:21:47,310
to contraindicate the use of restraint,

1342
01:21:47,310 --> 01:21:49,923
and to use seclusion.

1343
01:21:51,403 --> 01:21:54,720
Other things

1344
01:21:54,720 --> 01:21:56,910
may be a medical condition.

1345
01:21:56,910 --> 01:22:00,180
Certainly if the student has
a broken arm or broken leg,

1346
01:22:00,180 --> 01:22:03,930
that might be a reason not to risk harming

1347
01:22:03,930 --> 01:22:06,363
the already injured bodily part.

1348
01:22:08,550 --> 01:22:12,360
Asthma, severe asthma, could be a reason

1349
01:22:12,360 --> 01:22:15,480
to not use physical restraint,

1350
01:22:15,480 --> 01:22:18,540
certainly not to use prone or supine,

1351
01:22:18,540 --> 01:22:22,263
but even sometimes with severe asthmatics,

1352
01:22:23,130 --> 01:22:25,530
even a standing or sitting hold

1353
01:22:25,530 --> 01:22:28,293
could induce an asthma attack.

1354
01:22:29,910 --> 01:22:33,150
And then don't forget your data.

1355
01:22:33,150 --> 01:22:36,540
Use common sense as a team.

1356
01:22:36,540 --> 01:22:38,040
Take data.

1357
01:22:38,040 --> 01:22:41,340
If you have data that supports,

1358
01:22:41,340 --> 01:22:45,330
and I think I put this in
the example with D'Andre,

1359
01:22:45,330 --> 01:22:48,280
if you have data that supports your claim

1360
01:22:54,397 --> 01:22:58,470
that the student's behavior
only escalates further,

1361
01:22:58,470 --> 01:23:03,060
then you would have valid reason to say,

1362
01:23:03,060 --> 01:23:07,953
let's try seclusion and see
if that's more effective.

1363
01:23:09,660 --> 01:23:12,510
I mentioned with Chloe that you might want

1364
01:23:12,510 --> 01:23:16,740
to consider seclusion in that situation.

1365
01:23:16,740 --> 01:23:18,570
You would only consider seclusion

1366
01:23:18,570 --> 01:23:23,070
if the team had already
considered restraint

1367
01:23:23,070 --> 01:23:25,590
to be contraindicated.

1368
01:23:25,590 --> 01:23:27,600
And the reason I mentioned it with Chloe

1369
01:23:27,600 --> 01:23:31,350
is that she was large and big and old.

1370
01:23:31,350 --> 01:23:36,350
And at some point a team may determine

1371
01:23:36,450 --> 01:23:40,770
that a child who is
approaching the age of 18

1372
01:23:40,770 --> 01:23:43,380
and about to go out
there into the real world

1373
01:23:43,380 --> 01:23:47,940
where police intervention can occur

1374
01:23:47,940 --> 01:23:50,700
and will occur if they become violent,

1375
01:23:50,700 --> 01:23:55,440
a team may decide A, that
their size and strength

1376
01:23:55,440 --> 01:23:58,420
doesn't make it a safe intervention

1377
01:23:59,998 --> 01:24:02,283
for either Chloe or the staff member,

1378
01:24:04,020 --> 01:24:07,443
or that it's time for her to learn more.

1379
01:24:09,420 --> 01:24:14,253
It's just time not to impose
the physical restraints.

1380
01:24:17,520 --> 01:24:19,560
Any questions?

1381
01:24:19,560 --> 01:24:20,970
Can a parent dictate

1382
01:24:20,970 --> 01:24:23,970
that a team should
contraindicate restraint

1383
01:24:23,970 --> 01:24:25,833
without additional input?

1384
01:24:27,120 --> 01:24:29,643
The answer's no, but,

1385
01:24:30,750 --> 01:24:34,830
so any one person

1386
01:24:34,830 --> 01:24:37,840
doesn't have the ability to contraindicate

1387
01:24:39,420 --> 01:24:43,770
or to trump State Board of Ed rules.

1388
01:24:43,770 --> 01:24:45,900
It needs to be a team decision

1389
01:24:45,900 --> 01:24:50,900
and it needs to be made
with input from a physician,

1390
01:24:52,326 --> 01:24:53,640
if that's relevant,

1391
01:24:53,640 --> 01:24:56,070
a therapist, if that's relevant.

1392
01:24:56,070 --> 01:24:58,020
And with all the team members,

1393
01:24:58,020 --> 01:25:00,780
with people who know the child well.

1394
01:25:00,780 --> 01:25:03,180
And the team comes together

1395
01:25:03,180 --> 01:25:08,180
and there's agreement.

1396
01:25:13,080 --> 01:25:15,000
History of trauma being left.

1397
01:25:15,000 --> 01:25:17,940
Oh, sorry, that was, nevermind.

1398
01:25:17,940 --> 01:25:19,953
Were there other questions?

1399
01:25:23,979 --> 01:25:25,779
No, I don't see any other questions.

1400
01:25:27,510 --> 01:25:28,440
Okay.

1401
01:25:28,440 --> 01:25:32,400
So I think now is when
Tom's gonna take over again?

1402
01:25:32,400 --> 01:25:33,300
Yep.

1403
01:25:33,300 --> 01:25:36,050
We'll start talking about
permissible use of restraint.

1404
01:25:38,310 --> 01:25:42,240
Okay, so once again, as we've said before,

1405
01:25:42,240 --> 01:25:45,227
restraint may only be
used if there's imminent

1406
01:25:45,227 --> 01:25:47,153
and substantial risk of physical injury,

1407
01:25:48,090 --> 01:25:50,100
less restrictive interventions have failed

1408
01:25:50,100 --> 01:25:51,543
or would be ineffective.

1409
01:25:52,710 --> 01:25:56,160
It's in accordance with a
school-wide safety plan,

1410
01:25:56,160 --> 01:26:00,877
monitored face-to-face, used
in a manner that is safe,

1411
01:26:00,877 --> 01:26:01,710
proportionate and sensitive

1412
01:26:01,710 --> 01:26:03,570
to a range of student characteristics

1413
01:26:03,570 --> 01:26:06,600
and used by trained and certified staff.

1414
01:26:06,600 --> 01:26:08,280
And that last piece,

1415
01:26:08,280 --> 01:26:11,160
the trained and certified
staff is perhaps the place

1416
01:26:11,160 --> 01:26:13,248
that we find at the agency

1417
01:26:13,248 --> 01:26:17,427
where we're more frequently
likely to get violations

1418
01:26:18,630 --> 01:26:20,290
that either staff have

1419
01:26:22,590 --> 01:26:24,600
imposed restraints who are not trained

1420
01:26:24,600 --> 01:26:26,100
and certified to do that,

1421
01:26:26,100 --> 01:26:27,840
or they have training,

1422
01:26:27,840 --> 01:26:29,880
but they've used a restraint technique

1423
01:26:29,880 --> 01:26:32,013
that isn't approved by their training.

1424
01:26:33,420 --> 01:26:36,297
And keeping in mind also that
prone and supine restraints

1425
01:26:36,297 --> 01:26:39,421
are only to be used when a student's size

1426
01:26:39,421 --> 01:26:41,250
and the severity of the
behavior require these.

1427
01:26:41,250 --> 01:26:43,480
That this is a last resort

1428
01:26:44,430 --> 01:26:47,430
and should only be used if
other techniques have failed

1429
01:26:47,430 --> 01:26:48,843
or would not be effective.

1430
01:26:52,440 --> 01:26:55,914
So in this poll we're
talking about Abigail,

1431
01:26:55,914 --> 01:26:57,420
who's a kindergarten student,

1432
01:26:57,420 --> 01:26:59,160
and she's had some difficulties adjusting

1433
01:26:59,160 --> 01:27:01,380
to her new school environment.

1434
01:27:01,380 --> 01:27:04,056
Her mother has alerted the teacher

1435
01:27:04,056 --> 01:27:05,800
that Abigail's had a rough morning

1436
01:27:06,724 --> 01:27:07,557
and instead of putting her on the bus,

1437
01:27:07,557 --> 01:27:10,260
she was driving her to school that day.

1438
01:27:10,260 --> 01:27:13,080
There was a para assigned
to Abigail's classroom

1439
01:27:13,080 --> 01:27:15,690
who met Abigail and her
mother when they arrived.

1440
01:27:15,690 --> 01:27:19,050
Abigail was quiet, sullen,
said goodbye to her mother

1441
01:27:19,050 --> 01:27:20,800
and began walking in with the para.

1442
01:27:21,750 --> 01:27:23,550
Right before entering the school doors,

1443
01:27:23,550 --> 01:27:25,080
Abigail had a change of heart

1444
01:27:25,080 --> 01:27:27,810
and ran right to the back
of the school building

1445
01:27:27,810 --> 01:27:30,003
onto the playground, onto a swing.

1446
01:27:33,570 --> 01:27:35,820
The para who was trained
to administer restraints

1447
01:27:35,820 --> 01:27:39,870
attempted a wide variety of
less restrictive interventions

1448
01:27:39,870 --> 01:27:42,000
in an effort to encourage Abigail

1449
01:27:42,000 --> 01:27:44,250
to stop swinging and walk to class.

1450
01:27:44,250 --> 01:27:47,373
Abigail ignored these
strategies and kept swinging.

1451
01:27:54,630 --> 01:27:56,643
Yeah, I think I need the next slide.

1452
01:27:59,700 --> 01:28:00,533
Okay.

1453
01:28:01,635 --> 01:28:03,248
Well, all right.

1454
01:28:03,248 --> 01:28:05,670
I thought there was more to the scenario,

1455
01:28:05,670 --> 01:28:07,110
so instead I gave away the answer,

1456
01:28:07,110 --> 01:28:11,561
which I'm hoping most of you
would have arrived at anyway,

1457
01:28:11,561 --> 01:28:14,340
that, no, this is not a
permissible use of restraint.

1458
01:28:14,340 --> 01:28:17,231
Clearly there is no risk

1459
01:28:17,231 --> 01:28:19,350
of imminent physical harm posed

1460
01:28:19,350 --> 01:28:21,690
by Abigail continuing on the swing.

1461
01:28:21,690 --> 01:28:24,670
And there would need to be other attempts

1462
01:28:26,806 --> 01:28:31,470
to work with Abigail other than
physically restraining her,

1463
01:28:31,470 --> 01:28:32,940
or in this case,

1464
01:28:32,940 --> 01:28:35,490
possibly imposing a moving restraint,

1465
01:28:35,490 --> 01:28:38,493
which would also be risky to the student.

1466
01:28:39,350 --> 01:28:40,700
So you got a freebie there.

1467
01:28:47,700 --> 01:28:49,450
And I see that there was a question

1468
01:28:50,650 --> 01:28:52,650
before we move to the next poll.

1469
01:28:52,650 --> 01:28:55,663
That was me just answering
a previous question.

1470
01:28:55,663 --> 01:28:57,450
-Oh, okay.
-About seclusion.

1471
01:28:57,450 --> 01:28:58,980
Okay. Thank you.

1472
01:28:58,980 --> 01:29:03,360
All right, so same example with
Abigail arriving at school.

1473
01:29:03,360 --> 01:29:05,130
But instead of running to the playground,

1474
01:29:05,130 --> 01:29:07,620
Abigail impulsively ran after her mother

1475
01:29:07,620 --> 01:29:09,690
and straight into the
flow of oncoming traffic

1476
01:29:09,690 --> 01:29:12,510
in the roadway adjacent
to the school property.

1477
01:29:12,510 --> 01:29:14,610
This time, the para ran after Abigail,

1478
01:29:14,610 --> 01:29:16,470
caught up to her just before she stepped

1479
01:29:16,470 --> 01:29:17,850
in front of a moving car.

1480
01:29:17,850 --> 01:29:20,313
The para held Abigail in a standing hold.

1481
01:29:21,663 --> 01:29:23,100
Abigail wriggled, kicked
and then went limp,

1482
01:29:23,100 --> 01:29:24,930
refusing to stand and walk.

1483
01:29:24,930 --> 01:29:27,570
The parent continued the
stationary standing restraint

1484
01:29:27,570 --> 01:29:30,270
until Abigail agreed to walk
into the school building.

1485
01:29:31,260 --> 01:29:33,900
Would this be a permissible
use of restraint?

1486
01:29:33,900 --> 01:29:36,180
And I'll give you a cue

1487
01:29:36,180 --> 01:29:39,753
when to enter your answers into the chat.

1488
01:29:46,020 --> 01:29:47,183
Why don't you go ahead.

1489
01:30:06,870 --> 01:30:10,950
And as most, if not all
of you are answering, yes,

1490
01:30:10,950 --> 01:30:12,840
this is a permissible restraint.

1491
01:30:12,840 --> 01:30:15,390
Clearly, Abigail was at imminent risk

1492
01:30:15,390 --> 01:30:18,243
of a serious injury from the traffic,

1493
01:30:19,380 --> 01:30:21,270
and there really wasn't
any other opportunity

1494
01:30:21,270 --> 01:30:23,490
to implement a less
restrictive intervention

1495
01:30:23,490 --> 01:30:25,920
because of the danger that was posed.

1496
01:30:25,920 --> 01:30:27,240
This does raise a question, though,

1497
01:30:27,240 --> 01:30:30,750
that comes up not infrequently
in my experience right now,

1498
01:30:30,750 --> 01:30:35,320
about what if the scenario
involves a student

1499
01:30:36,900 --> 01:30:39,720
leaving the building where
there is a roadway nearby

1500
01:30:39,720 --> 01:30:41,970
that sometimes has heavy traffic,

1501
01:30:41,970 --> 01:30:44,670
rather than this pretty dramatic incident

1502
01:30:44,670 --> 01:30:45,960
where this is clear.

1503
01:30:45,960 --> 01:30:48,574
I don't think anybody would disagree

1504
01:30:48,574 --> 01:30:51,074
that Abigail needed to be
restrained in that moment

1505
01:30:51,074 --> 01:30:52,260
for her personal safety.

1506
01:30:52,260 --> 01:30:53,470
It becomes less clear

1507
01:30:54,330 --> 01:30:58,833
if the danger is less imminent.

1508
01:30:59,820 --> 01:31:00,840
And those are gonna have to be

1509
01:31:00,840 --> 01:31:03,180
more case-by-case circumstances.

1510
01:31:03,180 --> 01:31:05,310
It's difficult for those
of us at the agency

1511
01:31:05,310 --> 01:31:08,040
who may get the information
about is that a remove?

1512
01:31:08,040 --> 01:31:09,930
And aren't looking at the situation.

1513
01:31:09,930 --> 01:31:12,600
It is so hard sometimes
to know for certain

1514
01:31:12,600 --> 01:31:14,250
what the correct answer would be.

1515
01:31:17,100 --> 01:31:18,850
Why don't we move to the next poll?

1516
01:31:22,140 --> 01:31:24,483
Oh, prohibited interventions. Okay.

1517
01:31:28,800 --> 01:31:31,290
So as we've discussed earlier,

1518
01:31:31,290 --> 01:31:34,740
the Vermont rules prohibit
mechanical restraint,

1519
01:31:34,740 --> 01:31:36,720
and we've talked about
some of the circumstances

1520
01:31:36,720 --> 01:31:40,290
where there might be mechanical devices

1521
01:31:40,290 --> 01:31:42,870
that in effect impose a restraint,

1522
01:31:42,870 --> 01:31:46,433
but they may be permissible
because that restraint is

1523
01:31:46,433 --> 01:31:48,190
for medical or therapeutic reasons

1524
01:31:49,368 --> 01:31:50,250
and is prescribed, monitored,

1525
01:31:50,250 --> 01:31:52,050
and presumably implemented by somebody

1526
01:31:52,050 --> 01:31:53,793
who is trained to do that.

1527
01:31:54,930 --> 01:31:56,133
Chemical restraint.

1528
01:31:57,750 --> 01:32:00,930
This is fortunately something
I have not encountered

1529
01:32:00,930 --> 01:32:02,730
in recent years.

1530
01:32:02,730 --> 01:32:06,330
I will go way back into my past experience

1531
01:32:06,330 --> 01:32:09,412
when I first started the work that I do.

1532
01:32:09,412 --> 01:32:12,933
And there were incidents where
chemical restraint was used,

1533
01:32:13,920 --> 01:32:17,604
and I found that horrific at the time

1534
01:32:17,604 --> 01:32:18,437
and would continue to do so.

1535
01:32:18,437 --> 01:32:21,210
I'm not aware of anybody
using chemical restraints

1536
01:32:21,210 --> 01:32:22,053
at this point.

1537
01:32:25,080 --> 01:32:27,660
Any intervention that
restricts or limits breathing

1538
01:32:27,660 --> 01:32:29,790
or communication, causes pain,

1539
01:32:29,790 --> 01:32:33,333
or is imposed without maintaining
direct visual contact.

1540
01:32:42,909 --> 01:32:43,742
Okay.

1541
01:32:46,890 --> 01:32:49,740
Restraints that are imposed
for the convenience of staff.

1542
01:32:52,120 --> 01:32:55,110
Restraints that are a substitute
for an educational program

1543
01:32:55,110 --> 01:32:56,520
or if they're a substitute

1544
01:32:56,520 --> 01:32:58,593
for inadequate staffing or training.

1545
01:33:04,980 --> 01:33:07,050
This is especially important.

1546
01:33:07,050 --> 01:33:08,850
Restraint is not allowed to be used

1547
01:33:08,850 --> 01:33:11,013
as a form of discipline or punishment.

1548
01:33:12,420 --> 01:33:14,640
It's certainly not to
be used as a response

1549
01:33:14,640 --> 01:33:16,360
to student's use of disrespect

1550
01:33:17,550 --> 01:33:19,950
and not in response to a verbal threat

1551
01:33:19,950 --> 01:33:22,290
that's not accompanied
by the means or intent

1552
01:33:22,290 --> 01:33:23,700
to carry out that threat.

1553
01:33:23,700 --> 01:33:27,550
It's going back to the scenario
that Tracy presented earlier

1554
01:33:28,449 --> 01:33:29,282
with the high school aged student

1555
01:33:29,282 --> 01:33:30,660
who was making wild threats,

1556
01:33:30,660 --> 01:33:32,943
clearly had no ability to carry those out.

1557
01:33:37,650 --> 01:33:38,643
So our next poll.

1558
01:33:42,965 --> 01:33:45,120
The question is whether
the following intervention

1559
01:33:45,120 --> 01:33:46,860
would be permissible.

1560
01:33:46,860 --> 01:33:49,200
Frankie is frequently disruptive in class.

1561
01:33:49,200 --> 01:33:52,230
He's often defiant and given instructions,

1562
01:33:52,230 --> 01:33:54,810
uses racial slurs when he gets angry.

1563
01:33:54,810 --> 01:33:55,980
The school psychologist

1564
01:33:55,980 --> 01:33:58,890
has done functional behavior assessment.

1565
01:33:58,890 --> 01:33:59,723
The team used that

1566
01:33:59,723 --> 01:34:02,583
to develop a clearly defined
behavior support plan.

1567
01:34:03,450 --> 01:34:04,980
A classmate reached for a toy,

1568
01:34:04,980 --> 01:34:08,283
Frankie used an offensive term
related to his peer's race.

1569
01:34:09,150 --> 01:34:12,180
Because his plan stated he's
to receive a 10 minute timeout

1570
01:34:12,180 --> 01:34:15,090
in response to the use of
offensive racial language,

1571
01:34:15,090 --> 01:34:18,600
his BI brought Frankie to the
seclusion room, shut the door,

1572
01:34:18,600 --> 01:34:20,170
set the timer for 10 minutes

1573
01:34:21,752 --> 01:34:22,920
and monitored him through the window

1574
01:34:22,920 --> 01:34:24,600
throughout the timeout.

1575
01:34:24,600 --> 01:34:26,883
So the question is, is this permissible?

1576
01:34:28,169 --> 01:34:29,940
And if you have any thoughts
about why or why not,

1577
01:34:29,940 --> 01:34:31,740
we'll give you a few
seconds to think about it

1578
01:34:31,740 --> 01:34:34,863
before you send your answer in the chat.

1579
01:34:46,680 --> 01:34:48,633
Okay, go ahead.

1580
01:35:06,750 --> 01:35:11,370
It looks as though the
majority of the answers are no,

1581
01:35:11,370 --> 01:35:13,200
I haven't seen any yeses yet.

1582
01:35:13,200 --> 01:35:15,090
And that is correct.

1583
01:35:15,090 --> 01:35:16,020
He was secluded.

1584
01:35:16,020 --> 01:35:18,618
This clearly was a case of seclusion

1585
01:35:18,618 --> 01:35:20,940
and it was not permissible in this case.

1586
01:35:20,940 --> 01:35:23,190
Seclusion, as well as restraint,

1587
01:35:23,190 --> 01:35:24,900
are only emergency interventions,

1588
01:35:24,900 --> 01:35:26,490
not planned interventions.

1589
01:35:26,490 --> 01:35:30,780
So it's really important not
to confuse a planned timeout

1590
01:35:30,780 --> 01:35:31,833
with a seclusion.

1591
01:35:34,650 --> 01:35:38,250
Frankie was alone, he was
not permitted to leave.

1592
01:35:38,250 --> 01:35:41,460
There was no imminent risk
of substantial injury.

1593
01:35:41,460 --> 01:35:44,790
And had there been any,

1594
01:35:44,790 --> 01:35:47,207
they still needed to be terminated

1595
01:35:47,207 --> 01:35:49,006
as soon as the harm was no longer present.

1596
01:35:49,006 --> 01:35:51,436
So the use of the timer to dictate

1597
01:35:51,436 --> 01:35:53,070
when Frankie could leave the seclusion,

1598
01:35:53,070 --> 01:35:56,280
even if seclusion had been
permissible in this case,

1599
01:35:56,280 --> 01:35:57,870
dictating the end of seclusion

1600
01:35:57,870 --> 01:35:59,853
with a timer is also not permissible.

1601
01:36:08,088 --> 01:36:10,980
And there's another question in the chat.

1602
01:36:10,980 --> 01:36:13,650
Yeah, it was going back to the question

1603
01:36:13,650 --> 01:36:15,630
about mechanical restraints.

1604
01:36:15,630 --> 01:36:20,100
So let's hold that question
and come back to it at the end

1605
01:36:20,100 --> 01:36:23,231
-so that we don't-
-Oh, okay.

1606
01:36:23,231 --> 01:36:24,270
-Go ahead.
-There's one from Evan.

1607
01:36:24,270 --> 01:36:25,650
-It says-
-Oh, sorry.

1608
01:36:25,650 --> 01:36:27,231
It's okay.

1609
01:36:27,231 --> 01:36:28,064
If it's clearly outlined

1610
01:36:28,064 --> 01:36:30,720
within the student's
behavior intervention plan

1611
01:36:30,720 --> 01:36:32,700
as a timeout procedure,

1612
01:36:32,700 --> 01:36:35,253
it wouldn't be considered a seclusion?

1613
01:36:36,420 --> 01:36:38,070
Question.

1614
01:36:38,070 --> 01:36:41,460
If the student is in the
room alone, the door is shut,

1615
01:36:41,460 --> 01:36:44,310
the student reasonably believes
that they cannot leave,

1616
01:36:44,310 --> 01:36:46,593
then that's a seclusion, not a timeout.

1617
01:36:49,170 --> 01:36:50,003
Thank you.

1618
01:36:51,690 --> 01:36:54,270
And again, restraints and seclusions

1619
01:36:54,270 --> 01:36:57,000
are emergency interventions.

1620
01:36:57,000 --> 01:37:01,230
They are not to be used
in a planned manner.

1621
01:37:01,230 --> 01:37:05,610
And I always advise teams

1622
01:37:05,610 --> 01:37:10,050
not to mention the word
restraint or seclusion

1623
01:37:10,050 --> 01:37:12,873
in a child's behavior intervention plan.

1624
01:37:13,830 --> 01:37:18,420
What I would advise is that
you have a behavior plan

1625
01:37:18,420 --> 01:37:23,420
that does not mention
seclusion or restraint,

1626
01:37:24,456 --> 01:37:28,470
but maybe would say in the event

1627
01:37:28,470 --> 01:37:32,880
that so-and-so's behavior
is posing an imminent risk

1628
01:37:32,880 --> 01:37:35,910
of substantial physical injury,

1629
01:37:35,910 --> 01:37:39,963
then Rule 4500 would be used.

1630
01:37:41,370 --> 01:37:44,640
And then I would say,

1631
01:37:44,640 --> 01:37:49,417
you can consult so-and-so's safety plan

1632
01:37:50,509 --> 01:37:55,509
or ICMP, which is Individualized
Crisis Management Plan.

1633
01:37:56,820 --> 01:38:00,790
And then you might draw
up a separate safety plan

1634
01:38:01,866 --> 01:38:04,200
that has unique features to that student.

1635
01:38:04,200 --> 01:38:06,483
For example, you know,

1636
01:38:07,770 --> 01:38:11,160
with Johnny restraint
has been contraindicated.

1637
01:38:11,160 --> 01:38:13,563
So use seclusion instead.

1638
01:38:15,992 --> 01:38:19,530
But don't use restraints or seclusions

1639
01:38:19,530 --> 01:38:22,740
in a planned manner.

1640
01:38:22,740 --> 01:38:24,360
Right, and I'd also add

1641
01:38:24,360 --> 01:38:27,120
that not only would this be a seclusion

1642
01:38:27,120 --> 01:38:28,383
rather than a timeout,

1643
01:38:29,310 --> 01:38:30,450
there are also instances

1644
01:38:30,450 --> 01:38:32,460
where similar conditions have been imposed

1645
01:38:32,460 --> 01:38:35,036
and called in-school suspension.

1646
01:38:35,036 --> 01:38:37,590
And that is also not
acceptable or accurate.

1647
01:38:37,590 --> 01:38:42,010
It's still seclusion and
has to be considered as such

1648
01:38:44,431 --> 01:38:47,243
and has to follow the Rule 4500 rules.

1649
01:38:48,870 --> 01:38:50,943
Okay, the next slide.

1650
01:38:52,500 --> 01:38:55,016
Termination of interventions.

1651
01:38:55,016 --> 01:38:56,340
And that's Frankie's instance.

1652
01:38:56,340 --> 01:39:01,090
That was part of the issue was that

1653
01:39:02,241 --> 01:39:03,965
as we saw, Frankie,

1654
01:39:03,965 --> 01:39:05,850
his intervention was
terminated based on a timer

1655
01:39:05,850 --> 01:39:08,820
rather than on his behavior or his needs.

1656
01:39:08,820 --> 01:39:10,293
So let's move ahead.

1657
01:39:14,621 --> 01:39:16,521
So interventions have to be terminated

1658
01:39:17,670 --> 01:39:21,333
if there is any unnecessary
pain or significant distress,

1659
01:39:22,415 --> 01:39:24,780
if breathing or communication
are compromised,

1660
01:39:24,780 --> 01:39:27,000
if the student no longer poses an imminent

1661
01:39:27,000 --> 01:39:29,290
and substantial danger of physical injury

1662
01:39:30,240 --> 01:39:33,723
or if less restrictive
interventions would be effective.

1663
01:39:34,959 --> 01:39:37,673
And this says, think about
Frankie and his behavior plan.

1664
01:39:46,890 --> 01:39:47,723
Next slide.

1665
01:39:51,120 --> 01:39:53,880
So we have another scenario, another poll.

1666
01:39:53,880 --> 01:39:54,810
And the question is

1667
01:39:54,810 --> 01:39:58,140
whether the following
intervention would be permissible.

1668
01:39:58,140 --> 01:39:59,500
Jayden is an eighth grader

1669
01:40:00,585 --> 01:40:01,418
who struggles with peer relationships

1670
01:40:01,418 --> 01:40:02,880
and managing his anger.

1671
01:40:02,880 --> 01:40:04,890
During a group activity in English class,

1672
01:40:04,890 --> 01:40:07,170
a friend accidentally
steps on his new shoes

1673
01:40:07,170 --> 01:40:10,350
and Jayden starts
threatening to fight him,

1674
01:40:10,350 --> 01:40:11,942
throws a punch,

1675
01:40:11,942 --> 01:40:13,140
which almost lands on his English teacher,

1676
01:40:13,140 --> 01:40:14,613
and she tries to intervene.

1677
01:40:15,523 --> 01:40:16,356
Quickly calls for support,

1678
01:40:16,356 --> 01:40:18,303
clears the classroom
of all other students.

1679
01:40:19,470 --> 01:40:22,230
Two behavioral interventionists
who respond are now alone

1680
01:40:22,230 --> 01:40:23,520
in the classroom with Jayden,

1681
01:40:23,520 --> 01:40:25,200
who is still extremely agitated,

1682
01:40:25,200 --> 01:40:27,600
kicking at each of them as hard as he can.

1683
01:40:27,600 --> 01:40:29,580
They work to use verbal deescalation

1684
01:40:29,580 --> 01:40:31,800
and encourage him to use
his breathing strategies,

1685
01:40:31,800 --> 01:40:33,630
but he's not hearing them.

1686
01:40:33,630 --> 01:40:35,220
He tries to bite one of the Bis

1687
01:40:35,220 --> 01:40:36,930
when they attempt to restrain him.

1688
01:40:36,930 --> 01:40:38,970
They determine that it's
not gonna be effective

1689
01:40:38,970 --> 01:40:41,970
to use restraint, leave the
classroom, close the door,

1690
01:40:41,970 --> 01:40:43,293
starting a seclusion.

1691
01:40:44,550 --> 01:40:46,460
As the adults observe through the window

1692
01:40:46,460 --> 01:40:47,670
of the classroom door,

1693
01:40:47,670 --> 01:40:50,520
Jayden slowly begins to
enter a calmer state.

1694
01:40:50,520 --> 01:40:52,620
He takes some deep breaths and eventually,

1695
01:40:57,510 --> 01:40:58,953
and stops kicking the door.

1696
01:41:00,008 --> 01:41:01,500
He begins to walk around
the classroom pacing.

1697
01:41:01,500 --> 01:41:02,850
He asks them to open the door

1698
01:41:02,850 --> 01:41:04,800
so he can have a drink of water.

1699
01:41:04,800 --> 01:41:08,700
The BIs state he needs to have
a, quote, calm body, unquote,

1700
01:41:08,700 --> 01:41:10,920
and remains seated for at least 30 seconds

1701
01:41:10,920 --> 01:41:13,020
before they'll let him leave.

1702
01:41:13,020 --> 01:41:14,340
So the question to you,

1703
01:41:14,340 --> 01:41:17,820
is this permissible and why or why not?

1704
01:41:17,820 --> 01:41:18,840
Take a few seconds

1705
01:41:18,840 --> 01:41:21,090
and I'll cue you when
to put your answers in.

1706
01:41:30,430 --> 01:41:31,623
Okay, go ahead.

1707
01:42:16,200 --> 01:42:18,600
It looks as though the
majority of you answered no,

1708
01:42:18,600 --> 01:42:21,030
although there were some mixed answers.

1709
01:42:21,030 --> 01:42:22,893
So we'll move to the next slide.

1710
01:42:26,220 --> 01:42:28,770
Says, no, this use of
seclusion was not permissible.

1711
01:42:28,770 --> 01:42:30,990
Jayden should have been
allowed to leave the classroom

1712
01:42:30,990 --> 01:42:32,570
when he was no longer presenting a risk

1713
01:42:32,570 --> 01:42:35,220
of physical harm through his behaviors.

1714
01:42:35,220 --> 01:42:38,503
Remember that this is an
emergency intervention.

1715
01:42:38,503 --> 01:42:40,710
It can only be used to prevent
imminent physical harm.

1716
01:42:40,710 --> 01:42:42,000
It must end when the student

1717
01:42:42,000 --> 01:42:44,460
is no longer presenting this risk of harm

1718
01:42:44,460 --> 01:42:47,673
or if a less restrictive
intervention would be effective.

1719
01:42:48,885 --> 01:42:50,461
In this particular case,

1720
01:42:50,461 --> 01:42:52,860
it appeared that while Jayden might have

1721
01:42:52,860 --> 01:42:54,720
still been somewhat agitated,

1722
01:42:54,720 --> 01:42:56,820
he wasn't presenting physical harm

1723
01:42:56,820 --> 01:43:00,060
and it seemed as though he was attempting

1724
01:43:00,060 --> 01:43:01,800
to use some of the techniques

1725
01:43:01,800 --> 01:43:05,400
that the staff had previously
recommended for him.

1726
01:43:05,400 --> 01:43:07,680
So that would be an excellent opportunity

1727
01:43:07,680 --> 01:43:10,023
to use less restrictive interventions.

1728
01:43:14,506 --> 01:43:15,990
Simply because he is not continuing

1729
01:43:15,990 --> 01:43:20,583
to follow directions is not a
reason to continue seclusion.

1730
01:43:23,520 --> 01:43:27,970
And requiring something such
as a safe body for 30 seconds

1731
01:43:29,101 --> 01:43:32,463
is beyond what's allowable for seclusion.

1732
01:43:49,680 --> 01:43:51,578
So somebody here said,

1733
01:43:51,578 --> 01:43:52,411
you really have to know your student

1734
01:43:52,411 --> 01:43:54,600
and their patterns and behavior.

1735
01:43:54,600 --> 01:43:56,790
And I would fully agree with that.

1736
01:43:56,790 --> 01:43:57,810
I think this is something

1737
01:43:57,810 --> 01:44:00,540
that we haven't been exploring too much

1738
01:44:00,540 --> 01:44:01,680
with this whole discussion,

1739
01:44:01,680 --> 01:44:06,680
but that these situations

1740
01:44:07,470 --> 01:44:09,990
don't take place just in isolation

1741
01:44:09,990 --> 01:44:14,990
and they aren't simply done and over with

1742
01:44:15,031 --> 01:44:16,833
once it's happened.

1743
01:44:17,730 --> 01:44:20,860
Something we haven't talked about yet is

1744
01:44:21,934 --> 01:44:24,990
that each of these
interventions also needs

1745
01:44:24,990 --> 01:44:26,170
to be an opportunity

1746
01:44:27,376 --> 01:44:29,400
to really examine the
student situation more

1747
01:44:29,400 --> 01:44:31,050
and come to a better understanding

1748
01:44:31,050 --> 01:44:32,950
of what's happening with that student.

1749
01:44:35,109 --> 01:44:37,080
One of the saddest
things that I can see is,

1750
01:44:37,080 --> 01:44:41,757
is if I'm seeing repeated
reports of seclusions

1751
01:44:42,990 --> 01:44:45,033
or restraints of students coming in.

1752
01:44:46,710 --> 01:44:48,870
And there just doesn't seem
to be significant change

1753
01:44:48,870 --> 01:44:50,760
in the behavior over time.

1754
01:44:50,760 --> 01:44:53,343
If you're having repeated episodes,

1755
01:44:54,427 --> 01:44:56,790
if this is just an ongoing set of issues,

1756
01:44:56,790 --> 01:44:59,280
you have to use that as an opportunity

1757
01:44:59,280 --> 01:45:02,730
to really look at a
functional behavior assessment

1758
01:45:02,730 --> 01:45:04,410
and really try to determine

1759
01:45:04,410 --> 01:45:06,240
what are you going to do differently?

1760
01:45:06,240 --> 01:45:09,540
This shouldn't just be
a regular occurrence.

1761
01:45:09,540 --> 01:45:11,890
This should be something
that's part of a plan,

1762
01:45:12,827 --> 01:45:15,570
that if it is happening more than once,

1763
01:45:15,570 --> 01:45:18,240
what is the plan to decrease the frequency

1764
01:45:18,240 --> 01:45:20,013
or eliminate it all together?

1765
01:45:24,150 --> 01:45:25,643
All right, I'll move along.

1766
01:45:28,603 --> 01:45:31,323
There are a few questions
in the chat as well.

1767
01:45:35,251 --> 01:45:36,300
Yeah, what I wanted to say is

1768
01:45:36,300 --> 01:45:39,670
that we're nearing the 10-minute mark

1769
01:45:42,365 --> 01:45:44,250
when this webinar is scheduled to end.

1770
01:45:44,250 --> 01:45:48,900
So I'm willing to stay on after 11:00

1771
01:45:48,900 --> 01:45:51,690
to answer and discuss
additional questions.

1772
01:45:51,690 --> 01:45:53,800
But I think it would be best

1773
01:45:57,210 --> 01:46:02,210
to continue so that we can
cover all of the content,

1774
01:46:02,490 --> 01:46:04,410
which we're almost done with.

1775
01:46:04,410 --> 01:46:05,243
Yep.

1776
01:46:08,057 --> 01:46:10,770
Okay, next, briefly, context of COVID.

1777
01:46:10,770 --> 01:46:13,020
This was originally part of the slide

1778
01:46:13,020 --> 01:46:15,280
when there were more formal

1779
01:46:18,395 --> 01:46:19,577
considerations in place

1780
01:46:19,577 --> 01:46:21,270
as a result of the COVID pandemic,

1781
01:46:21,270 --> 01:46:24,020
but it's important to note
that COVID hasn't gone away.

1782
01:46:25,720 --> 01:46:27,670
That this is still an issue in schools.

1783
01:46:29,274 --> 01:46:31,170
This slide just gives a brief history

1784
01:46:31,170 --> 01:46:34,230
of some of the exceptions to the rule

1785
01:46:34,230 --> 01:46:37,260
that were permitted during
the height of the pandemic.

1786
01:46:37,260 --> 01:46:41,760
Fall of 2020 there were
exceptions allowing seclusion

1787
01:46:41,760 --> 01:46:44,880
instead of restraint in
order to mitigate the risk

1788
01:46:44,880 --> 01:46:46,443
of infection spreading.

1789
01:46:49,200 --> 01:46:52,950
In 2021, some of those
rules became modified

1790
01:46:52,950 --> 01:46:56,910
depending on the eligibility
of students for the vaccine,

1791
01:46:56,910 --> 01:47:00,270
acknowledging that depending
on a student's age,

1792
01:47:00,270 --> 01:47:03,510
they might be at greater
risk due to the lack

1793
01:47:03,510 --> 01:47:06,000
of not being able to access the vaccine.

1794
01:47:06,000 --> 01:47:09,030
And then finally, as of fall 2022,

1795
01:47:09,030 --> 01:47:11,610
the formal COVID considerations
have been removed.

1796
01:47:11,610 --> 01:47:16,110
So the rule is back in force

1797
01:47:16,110 --> 01:47:18,449
as previously stated.

1798
01:47:18,449 --> 01:47:22,320
So just in case anybody had been using

1799
01:47:23,370 --> 01:47:26,070
any of the exceptions that
had previously been in place,

1800
01:47:26,070 --> 01:47:29,790
you need to know that those
went away in the fall of 2022.

1801
01:47:29,790 --> 01:47:32,640
And I don't anticipate any changes

1802
01:47:32,640 --> 01:47:35,400
despite the fact that COVID
is still an issue in schools

1803
01:47:35,400 --> 01:47:38,000
and something that schools
need to be talking about.

1804
01:47:42,336 --> 01:47:45,210
So following the termination
of an intervention.

1805
01:47:45,210 --> 01:47:47,910
The rule requires that a student
be evaluated and monitored

1806
01:47:47,910 --> 01:47:50,461
for the remainder of the school day.

1807
01:47:50,461 --> 01:47:54,210
It's also important to note
that this needs to be conducted

1808
01:47:54,210 --> 01:47:57,420
by someone who is not
involved in the intervention.

1809
01:47:57,420 --> 01:48:00,960
That is also a not
infrequent area of violation

1810
01:48:00,960 --> 01:48:04,080
where somebody who is
involved in intervention

1811
01:48:04,080 --> 01:48:06,000
later assess the student.

1812
01:48:06,000 --> 01:48:10,083
That's largely to remove any
potential conflict of interest.

1813
01:48:10,980 --> 01:48:15,980
The question of, you know,
I think it'd be a risk

1814
01:48:16,110 --> 01:48:19,290
that somebody might minimize the impact

1815
01:48:19,290 --> 01:48:21,540
of an intervention on a student
if they had been involved

1816
01:48:21,540 --> 01:48:23,193
in imposing that intervention.

1817
01:48:24,840 --> 01:48:26,340
And any injury that resulted

1818
01:48:26,340 --> 01:48:29,190
from the intervention must be documented.

1819
01:48:29,190 --> 01:48:31,230
That includes injury to staff.

1820
01:48:31,230 --> 01:48:34,560
And in our experience most
frequently staff are the ones

1821
01:48:34,560 --> 01:48:36,650
who are most likely to experience injuries

1822
01:48:36,650 --> 01:48:37,953
in these processes.

1823
01:48:39,360 --> 01:48:40,740
I just wanted to interject

1824
01:48:40,740 --> 01:48:44,730
that the evaluation

1825
01:48:44,730 --> 01:48:46,890
following the restraint has to be done

1826
01:48:46,890 --> 01:48:49,720
by someone that wasn't involved.

1827
01:48:49,720 --> 01:48:51,570
But then the monitoring
for the rest of the day,

1828
01:48:51,570 --> 01:48:56,040
that can happen by
someone who was involved.

1829
01:48:56,040 --> 01:48:57,437
Right.

1830
01:48:57,437 --> 01:49:00,420
Typically there might
be a BI involved who's,

1831
01:49:00,420 --> 01:49:03,030
it would just make sense for
that person to be monitoring

1832
01:49:03,030 --> 01:49:04,780
the student for the end of the day.

1833
01:49:08,100 --> 01:49:09,573
So in terms of reporting,

1834
01:49:10,610 --> 01:49:12,930
the school administrator
needs to be informed

1835
01:49:12,930 --> 01:49:14,880
no later than the end of the school day

1836
01:49:14,880 --> 01:49:17,230
in which a restraint or
seclusion has occurred.

1837
01:49:21,694 --> 01:49:25,170
Parents, there has to be at
least a documented attempt

1838
01:49:25,170 --> 01:49:28,740
to provide notice
verbally or electronically

1839
01:49:28,740 --> 01:49:30,750
to parents as soon as possible,

1840
01:49:30,750 --> 01:49:32,040
no later than the school day

1841
01:49:32,040 --> 01:49:34,740
in which the intervention occurred.

1842
01:49:34,740 --> 01:49:38,520
And written notice within 24
hours of the intervention.

1843
01:49:38,520 --> 01:49:40,830
And the written notice has
to include an invitation

1844
01:49:40,830 --> 01:49:43,088
for the parents to participate

1845
01:49:43,088 --> 01:49:44,763
in a debriefing of the incident.

1846
01:49:48,090 --> 01:49:49,800
The superintendent has to be notified

1847
01:49:49,800 --> 01:49:51,210
within three school days

1848
01:49:51,210 --> 01:49:54,750
if there has been any death,
injury or hospitalization

1849
01:49:54,750 --> 01:49:56,910
as a result of the incident.

1850
01:49:56,910 --> 01:49:59,440
If an individual staff member

1851
01:50:00,390 --> 01:50:02,910
has used restraint or seclusion

1852
01:50:02,910 --> 01:50:05,433
three separate times on
one or more students,

1853
01:50:06,630 --> 01:50:09,420
if the interventions, either
restraint or seclusion,

1854
01:50:09,420 --> 01:50:11,553
have lasted more than 15 minutes,

1855
01:50:13,479 --> 01:50:14,520
if a student's been restrained or secluded

1856
01:50:14,520 --> 01:50:16,630
three or more times in the school year

1857
01:50:18,843 --> 01:50:20,280
or have been restrained
or secluded more than once

1858
01:50:20,280 --> 01:50:23,850
in a school day or if there
have been any violations

1859
01:50:23,850 --> 01:50:25,050
of the use of the rules.

1860
01:50:28,519 --> 01:50:31,776
And then finally, a report to the AOE.

1861
01:50:31,776 --> 01:50:33,503
And these are the reports that I see.

1862
01:50:34,974 --> 01:50:35,940
That if there's death or injury

1863
01:50:35,940 --> 01:50:38,223
that required outside
medical intervention,

1864
01:50:39,570 --> 01:50:41,520
if the restraint or seclusion lasted

1865
01:50:41,520 --> 01:50:43,200
for more than 30 minutes

1866
01:50:43,200 --> 01:50:45,450
or if there have been
violations of the rule.

1867
01:50:48,840 --> 01:50:52,770
There's a new reporting
form that became available

1868
01:50:52,770 --> 01:50:54,540
at the beginning of last school year

1869
01:50:54,540 --> 01:50:57,420
and is still available for incidents

1870
01:50:57,420 --> 01:51:00,450
that meet criteria for
reporting to the AOE.

1871
01:51:00,450 --> 01:51:02,440
There's an online link available

1872
01:51:03,555 --> 01:51:05,103
on the state webpage for use,

1873
01:51:05,940 --> 01:51:08,880
and superintendents have
been notified about this.

1874
01:51:08,880 --> 01:51:11,670
And this allows us somewhat
better data collection

1875
01:51:11,670 --> 01:51:14,250
and analysis so that we
can offer better support

1876
01:51:14,250 --> 01:51:15,360
to folks in the field

1877
01:51:15,360 --> 01:51:18,540
and examine trends of incidents
and restraints, seclusion.

1878
01:51:18,540 --> 01:51:22,620
I will point out though
that, as previously stated,

1879
01:51:22,620 --> 01:51:26,010
the criteria for reporting
to the AOE limit the number

1880
01:51:26,010 --> 01:51:27,190
of reports that we get

1881
01:51:28,172 --> 01:51:31,440
and therefore limits the usefulness

1882
01:51:31,440 --> 01:51:33,600
for this as a real source of data

1883
01:51:33,600 --> 01:51:36,150
about restraint and seclusion
overall in the state.

1884
01:51:37,950 --> 01:51:41,790
To that end, we do have a
form that's been or will be,

1885
01:51:41,790 --> 01:51:43,080
I'm not sure where it is right now,

1886
01:51:43,080 --> 01:51:45,690
in the pipeline going out to principles

1887
01:51:45,690 --> 01:51:49,320
just to give us a half school year report

1888
01:51:49,320 --> 01:51:51,390
on all incidents of
restraint and seclusion,

1889
01:51:51,390 --> 01:51:56,070
just so that we can have
just a quick understanding

1890
01:51:56,070 --> 01:51:59,160
of the how frequently these
interventions are taking place.

1891
01:51:59,160 --> 01:52:01,080
'Cause our current system
doesn't really give us

1892
01:52:01,080 --> 01:52:02,130
a good sense of that.

1893
01:52:05,370 --> 01:52:07,143
So now comments and questions.

1894
01:52:11,370 --> 01:52:13,140
-And, I also-
-So this is.

1895
01:52:13,140 --> 01:52:15,960
I was just gonna say,
Tracy, really quickly,

1896
01:52:15,960 --> 01:52:17,490
I know it's almost time,

1897
01:52:17,490 --> 01:52:21,750
so feel free to stay on if
you have additional questions.

1898
01:52:21,750 --> 01:52:23,640
We have about five
minutes in the formal part

1899
01:52:23,640 --> 01:52:24,960
of this presentation.

1900
01:52:24,960 --> 01:52:26,190
If you do have to leave,

1901
01:52:26,190 --> 01:52:28,290
thank you so much for
joining us this morning.

1902
01:52:28,290 --> 01:52:30,900
A huge shout out to Tom and Tracy.

1903
01:52:30,900 --> 01:52:32,490
Really appreciate all the knowledge

1904
01:52:32,490 --> 01:52:34,020
that you've shared with us this morning

1905
01:52:34,020 --> 01:52:36,660
and your willingness to answer questions.

1906
01:52:36,660 --> 01:52:40,380
You will also, for attending
today, receive a certificate

1907
01:52:40,380 --> 01:52:42,000
of attendance and a survey.

1908
01:52:42,000 --> 01:52:45,030
So please let us know how
this went for you today

1909
01:52:45,030 --> 01:52:49,080
and certainly look forward to
seeing you at a future event.

1910
01:52:49,080 --> 01:52:51,372
And now I will go ahead

1911
01:52:51,372 --> 01:52:53,493
and open it up for additional questions.

1912
01:52:54,690 --> 01:52:57,213
And there are a lot in the chat box.I,

1913
01:52:58,170 --> 01:53:01,893
I'm gonna have to scroll back
because a lot have come up.